Terms of Service

If, after providing notice to the Account Holder, the Account Holder does not correct
the Account Web site with respect to any of the following circumstances, Techway Hosting
may terminate this Agreement, discontinue this service and delete the Account Web
site on the 10th day:

a) The Account Holder violates any term of this Agreement, any municipal, provincial
or federal laws or regulations, or any policy or guideline set out, from time to time,
by Techway Hosting anywhere on the Web site www.TechwayHosting.com;

b) The Account Holder engages in conduct or posts material on the Account Web site
that Techway Hosting in its sole discretion believes is harmful to other Account Holders, the
business or reputation of Techway Hosting or any third-party;

c) The Account Holder engages in any activity that could or does overwhelm the
server with heavy central processing unit (CPU) usage or that requires a
disproportionate amount of the resources of the Techway Hosting server;

d) The Account Holder disputes the terms of this Agreement or any amendment set
out, from time to time, by Techway Hosting anywhere in an amended Agreement, attached
schedule to this Agreement, or on the Web site www.TechwayHosting.com.


4. Representations & Warranties. No oral or written advice or information given
by Techway Hosting or its employees will create a warranty. This information or advice may
not be relied upon. This Agreement supersedes any such information or advice given
by Techway Hosting or its employees. Techway Hosting does not warranty that any services provided
by Techway Hosting will be uninterrupted, error-free or secure. The Service is offered on an
"as is" basis without any representations or warranties of any kind either express or
implied. Techway Hosting may also link to or include on its Web resources, information
provided by third party partners and providers. Techway Hosting does not guarantee or
warrant the reliability of this information nor does Techway Hosting recommend any of these
services. For greater certainty and without limitation to the generality of the
foregoing:

a) Techway Hosting makes no representations, warranties or guarantees of any kind whether
written or verbal regarding the reliability of the Account Holder Web site provided or
any other services offered

b) Techway Hosting is not responsible for any deletions, alterations, or loss of data due to
network or system outages, file corruption, accidental deletion or any other reasons

c) Techway Hosting makes no representations, warranties or guarantees with regards to
server reliability, speed or consistency

d) Techway Hosting makes no representations, warranties or guarantees as to the accuracy
or correctness of any content on any of the Sites and is not responsible for any
errors or omissions arising from the use of such information

5. Guarantee. Techway Hosting will provide a 30-day money back guarantee from date of
activation (minus set up fees). There are no refunds on any prepaid amounts after
the 30 day money back period is over.

6. Payment Method. Account Holder paying by check or money order will receive
an invoice for charges and payment is due upon receipt. Account Holder paying by
credit card expressly agrees to have their credit card account billed quarterly or
annually as chosen in the order form for the recurring charges for the life of the
contract including any automatic renewal periods and any new services ordered mid-
term by the Account Holder once the service has been set up.

7. Delinquency. Delinquent Accounts are those that remain unpaid 15 days after
activation or renewal date. Accounts that are delinquent are put on accounting hold
and may not be used. After 15 days, Techway Hosting may, in its sole discretion, cancel the
Account without any further compensation to the Account Holder.

8. Cancellation. In cases where delinquent Accounts are put on accounting hold for
a maximum of 2 months, the Account shall be deactivated permanently. After this
time and only if possible, if the Account Holder would like to have their site
reactivated then full payment and any applicable retrieval fees must be paid for in
full prior to reactivation of the Account. In cases where Techway Hosting makes an exception
for cancellations, which are mid-term, a non-refundable fee of $50 Cdn, will be
charged to the Account Holder.

9. Notice and Agreement. The Account Holder agrees to abide by the following
provisions of this service contract and may have to agree to additional provisions
from Techway Hosting covering this Agreement and/or any future services added to this
Agreement. Techway Hosting reserves the right to modify any provisions of this Agreement at
any time with 72 hours notice to the Account Holder. Notice may be given in the
form of an announcement on the Web site www.TechwayHosting.com. If Account Holder refuses to accept any future provisions or
amendments, Account Holder will have the option to cancel service as of the renewal
date. Failure to cancel service by the Account Holder will be deemed to be
acceptance of any amended provisions or conditions to this Agreement. If Account
Holder refuses to accept any future provisions or amendments, Techway Hosting may, in its
sole discretion, cancel the Account forthwith.

10. Content. The Virtual Hosting Internet Account and related electronic services
can only be used for legal purposes under all international, federal, provincial and
municipal laws. Violations of this or any other provision of this Agreement can result
in a 30 day notice to terminate service or in Techway Hosting's sole discretion, an immediate
termination of service. Techway Hosting has the right to refuse service if content of
information provided is deemed illegal, misleading, or obscene in the opinion of
Techway Hosting. Techway Hosting will make the final determination in any dispute over unacceptable
content, and Account Holder agrees to accept Techway Hosting's decision. In any cases where
the Account holder has violated the terms of this Agreement, Techway Hosting reserves the
right to deactivate or lock the Account without notice to the Account holder. Techway Hosting
will not be held responsible nor will issue any credits or refunds in such cases of
deactivations due to violations of this Agreement. Account Holder agrees that
Techway Hosting is not responsible for any content on Account Web site and acknowledges
that Techway Hosting does not endorse or verify any such material. Account Holder agrees to
assume full responsibility for all files associated with the Account Web site and
acknowledges that Account Holder may be held legally liable for the contents of the
Account Web site. Account Holder will not include any content or Internet link on the
site that contains, promotes or is involved in any of the following:

a) any infringement of copyright, trademark, patent, trade secret or other
intellectual property right

b) pornography

c) content that exploits children under 18 years of age

d) hate propaganda

e) racist, threatening, slanderous, libelous or otherwise abusive content

f) the promotion or incitement of, or instructions for, the commission of illegal
activities

g) mail fraud, multi-level marketing schemes or any fraudulent activities

h) content promoted through the sending of unsolicited email (spamming)

i) sending of unsolicited email (spam) from the Techway Hosting server, or any other server that
refers to content on the Techway Hosting server, or sending such email with a Techway Hosting hosted Web
site listed as the contact address

j) warez, cracks, hacks, spam software & their associated utilities

k) illegal mpeg layer two or three files (MP2 or MP3) which may be considered
copyright infringement

l) information or other material that contains a virus, corrupted data or any other
harmful or damaging component


11. Prices. Techway Hosting reserves the right to increase prices at any time.

12. Passwords & Netiquette. The Account Holder agrees to follow generally
accepted "Netiquette" when sending email messages or posting newsgroup
messages. Account Holder is solely responsible for the security of their password. In
the event that the Account holder releases the password to an unknown party or
person(s) the Account holder will be held responsible for any unauthorized use of
Techway Hosting's services. This includes any damages resulting there from, until Techway Hosting is
notified by the Account holder. Techway Hosting will not change passwords to any Account
without verification of identity of the Account Holder which is satisfactory to Techway Hosting.
Verification may include written requests with signature. Account Holder agrees not
to participate, either directly or indirectly, in the distribution of "SPAM", "JUNK MAIL"
or unsolicited commercial messages or communications in any form either through
Techway Hosting's servers or any other server. Techway Hosting reserves the right to terminate,
without notice, all services provided to Account Holder if Account Holder participates
in the distribution of any such communications.

13. Privacy Policy. In order to protect Techway Hosting's clients, Techway Hosting will refuse to give
any information to any persons requesting such information without the express
written consent of the Account holder.

14. Account Ownership & Dispute. In the event of any partnership breakup,
divorce or other legal problems that includes the Account Holder, Account Holder
understands that Techway Hosting will remain neutral and may even lock the Account until
the situation has been resolved. During this period if the Account is more than 15
days overdue for payment, Techway Hosting may place the Account on Accounting Hold until
payment is received. Under no circumstances will Techway Hosting be liable for any losses
incurred by Account Holder during this time of determination of rightful ownership.

15. Indemnity. The Account Holder agrees not to harm Techway Hosting, its reputation,
computer systems, programming and/or other Account Holders using Techway Hosting's
services. Techway Hosting reserves the right to select the computer for Account Holder's Web
site for best performance. If Account Holder breaches this Agreement, then Techway Hosting
has the right to terminate service without any refunds of the unused portion prepaid
by Account Holder. The Account Holder agrees to indemnify and hold harmless both
Techway Hosting and other Account Holders from any and all claims an/or costs (including
legal costs) resulting from the Account Holder's use or abuse of their service in any
manner. If at any time, Account Holder breaches any part of this contract and
Techway Hosting has to engage the services of an attorney, then Account Holder will pay any
and all of the Techway Hosting's reasonable attorney fees and court costs. The Account
Holder agrees to indemnify and hold Techway Hosting harmless from and against, and to
reimburse Techway Hosting with respect to, any and all losses, damages, liabilities, claims,
judgments, settlements, fines, costs and expenses (including reasonable related
expenses, legal fees and costs of investigation) of every nature whatsoever incurred
by Techway Hosting by reason of or arising out of or in connection with (i) any breach of this
Agreement by the Account Holder, (ii) any infringement of any copyright, trade-
mark, patent, trade secret or any other intellectual propriety right of any party by
content on the Site, or (iii) illegal, libelous, slanderous, dangerous or defamatory
content on the Site.

16. Usage. Account Holder understands this service is provided on a shared server.
This means that Account Holder's Web site cannot overwhelm the server with heavy
(CPU) usage from highly active common gateway interface (CGI) scripts or chat
scripts or excessive bandwidth usage which interferes with Techway Hosting's ability to
provide service to its users. If Account Holder's Web site overwhelms the server and
/ or causes complaints from other Account Holders, Techway Hosting may cancel the Account
with 72 hours notice to the Account Holder. Techway Hosting will refund any moneys paid for
unused time of service remaining.

17. Security. Techway Hosting will deactivate Account Holder's Web site or any services for
Account Holder's Web site without notice to the Account holder, if deemed by
Techway Hosting, to be hazardous or insecure to other Techway Hosting Account Holders on the
shared server (security violations). In such cases, Techway Hosting will not be held
responsible or liable for any damages to the Account Holder as a result. Techway Hosting's
objective is to keep all Account Holders secure from such occurrences, which may or
may not occur.

18. Assignment, License and Transfer. The Account Holder's right and privileges
cannot be sold or transferred without the written consent and approval from
Techway Hosting. Techway Hosting may assign, license or transfer its responsibilities and duties under
this Agreement.

19. Address Changes. Any and all changes (address, email address, phone
number, billing contacts, etc) associated with the Account Holder must be updated
with Techway Hosting Billing via postal mail or fax within 7 (seven) days of such change.
Phone or email notifications will not be accepted. Techway Hosting will not be held
responsible in the event that the Account Holder's Account is deactivated, or locked
because the Account Holder failed to notify Techway Hosting of any of these changes in their
billing contact information.

20. Notice to Officials. If Techway Hosting determines that law enforcement officials should
be notified regarding potentially illegal content on the Account Web site, the Account
Holder agrees that Techway Hosting may provide copies of the Account Holder's Web site to
the appropriate officials without notice to the Account Holder. Account Holder agrees
that Techway Hosting does not have a duty of confidence or non-disclosure to the Account
Holder in respect of the content of Account Holder's Web site. Techway Hosting may
cooperate with all law enforcement efforts to locate persons who have posted
content that is illegal or promotes illegal conduct.

21. Limitations of Liability. Techway Hosting is not responsible for any failures, delays or
interruptions in the delivery of any content or services contained on the Techway Hosting
server; or losses or damages arising from the use of the content or services provided
by Techway Hosting, and for greater certainty and without limitation to the generality of the
foregoing:

a) Techway Hosting liability to the Account Holder for actual damages for any cause
whatsoever, regardless of the form of action will be limited to a maximum of the fees
paid by the Account Holder to Techway Hosting, for the prior 3 or 12 months (whichever is
appropriate);

b) in no event will Techway Hosting be liable to the Account Holder for any indirect, incidental
or consequential damages arising out of the service or in connection with the
Account Web site or any other services or products provided to or by the Account
Holder;

c) Techway Hosting, its officers, directors, owners, agents and employees, shall in no way be
liable to the Account Holder or anyone else for any loss or injury resulting from use
of the service or the Account Holder's Web site;

d) In no event shall Techway Hosting be liable for any damages, whatsoever, as a result of
the notifying any official of potentially illegal content on the Site, providing copies of
the Account Holder's Web site to the appropriate officials or cooperating with law
enforcement efforts to locate persons who have posted content that is illegal or
promotes illegal conduct;

e) In no even shall Techway Hosting be liable for any damages, whatsoever, as a result of the
termination of this Agreement.


22. Consent to Breach Not Waiver. No term or provision of this Agreement is
deemed waived and no breach excused, unless the waiver or consent is in writing
and signed by the party claiming to have waived or consented. Any consent by any
party to, or waiver of , a breach by the other, whether expressed or implied, does
not constitute a consent to , waiver of , or excuse for, any other different or
subsequent breach.

23. Governing Law. This Agreement is governed by and construed in accordance
with the applicable laws of the Province of Ontario and the federal laws of Canada
and is treated in all respects as an Ontario contract.

24. Severability. If any provision of this Agreement is held to be valid, illegal or
unenforceable, all other provisions will nevertheless continue in full force and effect.

25. Entire Agreement. This Agreement, together with all policies, guidelines and
amendments set out, from time to time, by Techway Hosting anywhere on the Web site
www.TechwayHosting.com constitutes the entire
Agreement between the parties with respect to the subject matter of the Agreement
and supersedes all previous negotiations, proposals, commitments, writings and
understandings of any nature whatsoever, whether oral or written.

26. Survival. Any terms and conditions of this Agreement, which by their nature
extend beyond the term or expiry of this Agreement, shall survive the termination or
expiry of this Agreement. This includes, without limitation, the representations and
warranties, limitations of liability, indemnity, and this survival provision.

27. Headings. The headings and captions used in this Agreement are inserted only
as a matter of convenience and for reference and in no way are to be construed as
defining, limiting, or describing the scope or intent of this Agreement.

28. Remedies Cumulative. Unless otherwise set out in this Agreement the rights
and remedies granted to each party under this Agreement are cumulative and are in
addition to each party's rights provided by law or otherwise. Each party may exercise
its rights concurrently or separately. The exercise of one remedy is not deemed an
exclusive election of that remedy nor does it preclude the exercise of any other
remedy.

29. Counterparts or Electronic Acceptance. This Agreement may be executed in
counterparts, each of which is deemed to be an original and all of which together are
deemed to be one and the same instrument, or may be executed by indicating
consent through electronic means.

30. Right to Refuse Service. Techway Hosting reserves the right to refuse services to any
Account Holder. In the event that an Account Holder does not abide by the provisions
set out in this Agreement or if the Techway Hosting deems the Account holder to be a
hindrance to Techway Hosting, the Account holder will be blacklisted and Techway Hosting will not
provide any services to the Account Holder in the future. In such an event, Techway Hosting
will give the Account holder 15 (fifteen) Calendar days notice to find another
provider for their web hosting needs.