1. Disclosure to Law Enforcement:

The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that 356Host.com may disclose any and all subscriber information including account history, account use, etc, to any law enforcement agent who makes a written request without further consent or notification to the subscriber. In addition 356Host.com shall have the right to terminate all services set forth in this Agreement.

2. Service Rates:

Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to subscriber. Subscriber is aware that 356Host.com may change the specified rates and charges from time to time. The promotional offer is contingent upon 356Host.com achieving and maintaining its cost of service goals including but not limited to rates charged to 356Host.com by its suppliers.

3. Refunds and Disputes:

If you cancel your hosting account within the first 30 days we will refund you your payment. The refund will exclude any setup fees that were charged when you signed up and any domain registration fees($12.97 per year) that you paid as we incur a cost for these. But you do get to keep your domain name.

If we register a domain name for you as part of your hosting package with us, and you decide that you want to cancel your account, then we will deduct the cost of the domain name from the money we refund you. We will then be able to release the domain after the standard 60 days so you are free to take it elsewhere. During those 60 days you can change your nameservers to point elsewhere so you can still access your website.

4. Failure to Pay:

356Host.com may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial neither will nor relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

5. Account Cancellation:

All requests for canceling accounts must be made from the client account area. To submit a cancellation request>> login into your account>> My Hosting Packages >> View Product Details >> click on Request Cancellation and complete the cancellation form.

Subscriber acknowledge that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of 356Host.com and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber further acknowledges that 356Host.com liability for its own negligence may not in any event exceed an amount equivalent to charge payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

7. Support Boundaries:

356Host.com, Provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) by using our online support system. We limit our technical support to our area of expertise. The following is our guidelines when providing support: 356Host.com provides support related to your Web-Hosting-Solution account. 356Host.com does not offer tech support for application specific issues such as CGI programming, HTML or any other such issue. 356Host.com does not provide technical support for your customers. You can submit a trouble ticket for assistance. If you are able to get online and have other questions, the answers may be in web hosting solution manual in members web hosting administration control panel. We encourage you to check there first.

8. Email:

356Host.com has a STRONG anti-spam policy and applies it. Spammers are NOT welcomed. This includes spamming through open proxy servers or any other kind of unsolicited email advertising. If a customer is found to be in violation of our SPAM policy, 356Host.com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, 356Host.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. 356Host.com will notify law enforcement officials if the violation is believed to be a criminal offense. The customer acknowledges that he is responsible for any and all SPAM related actions which come from their account. Sending unsolicited email messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited even if the lists are said to be opt-in. Customer will not use another site's mail server to relay mail without the express permission of the site. It is strictly forbidden to send out unsolicited email from any other network that advertises, promotes or in any way points to a location inside 356Host.com network

9. Bandwidth and Disk Usage:

It's true, no one can provide truly unlimited web hosting, but when we say unlimited domains, diskspace and bandwidth, of course there are terms & conditions that you must adhere to. These accounts may not to be used to offer a lifetime/free hosting package to your clients, host a collection of MP3s, videos, anime, Warez, autoresponder service, bulk email service or to backup your computer or another source.

They may not be used for general storage of any type. All content stored on an account must be directly used on the Internet by the website associated with that account. These accounts may not be used as a download distribution point for your software or media. They are to be used for standard web practices only.

This means that all content stored on an account must be used for "acceptable" website use. "Unacceptable" usage is anything that a shared server would not be able to provide under standard circumstances. If all diskspace used is for acceptable websites, and all bandwidth used is for acceptable activity, then when we run out of diskspace and/or bandwidth, we simply add more resources. However, if any domain hosted under your account requires resources that are not able to be provided by a shared server, then in such circumstances we may require you to rent a dedicated server for that domain.

10. System and Network Security:

Users are prohibited from violating or attempting to violate the security of the 356Host.com Network. Violations of system or network security may result in civil or criminal liability. 356Host.com will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. These violations include, without limitation:

• i. Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access.
• ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measure without proper authorization.
• iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
• iv. Forging any TCP/IP packet header or any part of the header information in any email or newsgroups posting.
• v. Taking any action in order to obtain services to which the user is not entitled.

11. Suspension of Service or Cancellation:

356Host.com reserves the right to suspend network access to any customer if in the judgment of the 356Host.com network administrators the customer's account is the source or target of the violation of any of the terms or for any other reason which 356Host.com chooses. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is completed. Prior notification to the customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's accounts were suspended.

356Host.com reserves the right to amend its polices at any time. All Sub-Networks, subscribers must adhere to the above polices. Failure to follow any term or condition will be grounds for immediate cancellation. You will be responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions.

13. Indemnification:

356Host.com wishes to emphasize that in agreeing to the 356Host.com Terms of Service (TOS), customer indemnifies 356Host.com for any violation of the Terms of Service (TOS) that results in loss to 356Host.com or the bringing of any claim against 356Host.com by any third-party. This means that if 356Host.com is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against 356Host.com, plus costs and attorney's fees.

14. Miscellaneous Provisions:

You must provide us with, and keep current, good contact information of you. Email, fax, and telephone contacts are used, in that order of preference.

• a. A waiver by the company of any breach of any provision of this Agreement by subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provisions thereof.
• b. Subscriber shall not transfer or assign this Agreement at anytime without the prior written consent of the 356Host.com. 356Host.com may assign Agreement at anytime without consent from or notice to subscriber. 356Host.com reserves right to cancel customers right under this agreement at anytime without further obligation.
• c. 356Host.com takes no responsibility for any material input by others and not posted to the 356Host.com Network by 356Host.com. 356Host.com is not responsible for the content of any other websites linked to the 356Host.com Network, links are provided as Internet navigation tools only. 356Host.com disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
• d. It is absolutely forbidden to host pornographic content or IRC servers, Pirated software, Hacker programs or archives, warez sites, or MP3 Sites on virtual accounts. Any subscriber found hosting this material would be subject to immediate cancellation without refund.

15.1. 356HOST.Com AFFILIATES PROGRAM

Our affiliate program is designed to help you generate income in exchange for referring new hosting clients to our company. Listed below are the terms and conditions associated with our affiliate program.

Payment:

*Affiliates are paid a one-time commission for each hosting account referred to our services. A signup is counted when a customer first clicks on an affiliate referral link, completes the signup process and stays active for 90 days.

*Affiliate accounts must be active at the time of the referral. No credit will be given to your affiliate account for sales that occurred before you joined the affiliate program.

*Affiliates must generate a balance of $100 or more before their account is eligible for payment.

*Affiliates can request payment at anytime from the affiliates' area when they are eligible for payment. This will automatically open a payment request ticket on our system.

*Affiliates are paid via PayPal. Affiliates should update their payment request ticket with their PayPal email address after initiating the payment request.

*Affiliates are responsible for ensuring that all payee information is up to date in the affiliate system. We are not responsible for lost/stolen payments. The affiliate is responsible for keeping all information up to date including postal and email addresses, name, payment information, or any other personal information that will impact the ability to issue a valid commission payment. Failure to provide current information may result in forfeiture of any commissions due to you. Commissions that are left unclaimed or are returned for invalid or insufficient address information or for other reasons may be forfeited as well.

*Affiliates are responsible for making sure they are able to accept payments. Please ensure that your PayPal account can accept payments from Canadian based companies.

*Affiliates are responsible for any and all fees, taxes, exchange rates, surcharges and other expenses incurred in order to receive their commissions. Please check with PayPal to find out if any of these apply for your account.

Reversals:

*Referrals must have an active hosting account for 90 consecutive days or commissions will be reversed.

*Referrals that are found to be fraudulent (false information, fake/stolen credit cards etc.) will be reversed regardless of the amount of time that has passed since the signup occurred.

*Referrals that issue a credit card charge back will be reversed.

*Referrals that cancel before you have met the $100 payout minimum will be reversed.

Advertising Compliance:

*Affiliates MAY NOT offer cash back, rewards or incentives.

*Affiliates MAY NOT bid on trademark, trademark +, or misspelled keywords for the purpose of PPC on the search engines (Google, Yahoo, MSN, Ask etc.).

*Affiliates MAY use the approved banners and text link code found in the affiliate management center.

*Affiliates are responsible for ensuring that their tracking code is working properly before sending traffic to our servers. Any modification to the links is the sole responsibility of the affiliate - commissions will not be paid for tracking errors caused by editing, masking or tampering with your links.

*Affiliates MAY NOT use cookie stuffing techniques that set the tracking cookie without the user actually clicking on the referral link (for example a 1x1 pixel iframe).

*The use of redirected pages and links to send a user to our site is prohibited. Example: you may not have a PPC link on a search engine that redirects the user to our site.

*Domain forwarding is prohibited - you may not purchase a domain and set it to forward directly to our site using your affiliate link.

*Affiliates MAY NOT copy our website or portions of it and display them on their own site or subdomain.

Deactivation:

*Affiliate accounts may be deactivated at any time without warning or notice. Your account WILL BE DEACTIVATED and commissions set to $0 for failure to comply with the Affiliate Terms and Advertising Compliance contained herein.

*Any false or misleading advertising or suspected fraudulent activity associated with your affiliate account will result in immediate deactivation.

*Affiliate accounts generating a large number of fraudulent accounts will be deactivated.

*Affiliates may not resell hosting. All clients must provide their own payment method and contact information to be eligible for affiliate commissions.

*If you would like to discontinue your affiliate status, simply remove your affiliate links and no longer promote them. For accounting purposes your account and personal information will not be removed from our system.

*BY REGISTERING AS AN AFFILIATE YOU ARE AGREEING TO THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MUST DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE AFFILIATE PROGRAM, OR DEACTIVATE YOUR ACCOUNT IF YOU ARE ALREADY A MEMBER.

*Changes to the Terms and Conditions apply to you. You may review the most current version of the Terms and Conditions at the site. 356host.com may change the Terms and Conditions, in whole or in part, at any time at 356host.com's sole discretion. Posting of such changed Terms and Conditions on the site shall constitute notice of such changes to you, although 356host.com may choose additional types of notice. 356host.com will use reasonable efforts to provide you with 7 days advance notice of changes that materially and adversely impact your use of the Affiliate Program. Your continued use of the Affiliate Program following notice constitutes your acceptance of all changes. If you do not agree to any such changes, your sole and exclusive remedy is to deactivate your account as described above.

15.2. AFFILIATES EARNINGS AND INCOME DISCLAIMER

We make every effort to ensure that we accurately represent these products and services and their potential for income. Earning and Income statements made by our company and its customers are estimates of what we think you can possibly earn. There is no guarantee that you will make these levels of income and you accept the risk that the earnings and income statements differ by individual. As with any business, your results may vary, and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. The testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual's success depends on his or her background, dedication, desire and motivation.

There is no assurance that examples of past earnings can be duplicated in the future. We cannot guarantee your future results and/or success. There are some unknown risks in business and on the internet that we cannot foresee which can reduce results. We are not responsible for your actions.

The use of our information, products and services should be based on your own due diligence and you agree that our company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products and services.

16. Automatic Renewal

When you sign up, your 356Host.com account will be enabled with auto renewal, which means that when your renewal date arrives, your hosting plan and domain will be renewed. When it is time for renewal, the credit card you have on file with us will also be charged. If you wish to not have this happen, and you would not like to renew your account, you must cancel 14 days prior to your renewal date. If you have any questions as to when your renewal date is, simply login to your 356Host.com account or contact us. If you fail to cancel 14 days prior to renewal, your account will be renewed for a new term, so please be sure to fill out the cancellation form if you do not want to renew. The renewal fee will become non-refundable as soon as it is charged. Your account renew dates are always listed in your 356Host.com client area.

Non-Payment: All payments are due in full on the billing anniversary date. Failure to remit payment for your hosting account on the billing anniversary date is a violation of the TOS. A late fee of $15 will be incurred for failure to remit payment for your account on or before the billing anniversary date. Failure to remit payment for seven (7) consecutive days, including the anniversary date, shall result to suspension of your account. Failure to remit payment for services within thirty (30) consecutive days, including the anniversary date, shall result in termination of your account. All Customer data remaining after thirty (30) days of non-payment will be destroyed for security and privacy reasons.

17. CHOICE OF LAW AND FORUM

This site (excluding third party linked sites) is controlled by the Company from its offices within the Provice of Ontario, Canada. It can be accessed from all Provinces as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from Ontario, by accessing this site, both you and the Company agree that the statues and laws of Ontario shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Ontario and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.