1. Involving Parties
   This agreement is between Media4Solutions.com (PROVIDER) and the party as specified in the on-line application (CLIENT).
   
   
2. Per Plan Space Usage
   PROVIDER will allow the specified per plan web space to be used by the CLIENT as long as the use is in compliance with the conditions stipulated below.
   
   
3. Bandwidth Usage
   This refers to the total amount of data downloaded from the data servers of Media4Solutions.Com and/or its affiliate companies. This is considered monthly for billing purpose.
   
   
4. Compliance with the Acceptable Use Policy
   The PROVIDERS’ "Acceptable Use Policy" must be strictly observed by the CLIENT.
   
   PROVIDER will subject the availed services to immediate termination without refund if the website of the CLIENT happens to commit any of the following:
   
   
   
   
   1. CLIENT must not run any kind of 'server applications' for these are detrimental to the overall performance and security of the server. All programs/scripts that open a port on the shared hosting server are considered “server applications”. These include but are not limited to IRC servers, IRC proxies, IRC bots, Ikonboard (All versions), FormMail (Matt's Script Archive, Inc - all versions prior to v1.92), Greymatter, UltimateBBS (All versions), nph-proxy, including The Anonymizer.
      
      
   2. The services of the PROVIDER should neither be used for illegal purposes nor support illegal activities. This includes websites that offer pirated software, pirated products, warez, IRC Bots, porn sites, and virus distribution. The PROVIDER reserves the right to cooperate with legal authorities in disclosing information about CLIENTS who commit this kind of violation.
      
      
   3. The services should not be used to contain and promote offensive, illicit, lewd and/or pornographic material.
      
      
   4. The services should not be used to transmit via e-mail, file uploading or web posting information or any material that (may) cause discomfort, harm, hatred, grave threat to society and/or harassment to others.
      
      
   5. CLIENT should not invade other Internet user/s’ privacy by means of but not limited to spamming, e-mail or news bombing, accessing member account and penetrating security measures which may or may not result to loss or corruption of data.
      
      
   6. The services should not be used in activities that disrupt operations of other network and maliciously attack other network host/s or individual user/s.
      
      CLIENT will be responsible for the full amount of any tangible and intangible damages this may cause. PROVIDER reserves the right to change the policies from time to time to reflect the dynamic nature of the Internet. Both policies are available on-line at any time or as a hard copy as per CLIENT’s request.
      
      
5. Account Sharing Permissions
   Account sharing is only permitted when used in conjunction with the PROVIDER’s web hosting plans. Account sharing is not allowed with any other services. PROVIDER will terminate immediately and without refund accounts that share the web space with others or subdivide and resell the web space. Subdivision of the web space into two or more web sites is not permitted unless the multiple domain feature is availed.
   
   
6. On-line Subscription
   CLIENT must accomplish an on-line, electronic subscription to avail of the services. CLIENT must acknowledge that all the information he/she submits on-line is true and correct to the best of his/her knowledge. The act of submitting the subscription form on-line is equivalent to his/her signature. PROVIDER will bill according to the billing period unless a cancellation in writing is received within fifteen (15) days.
   
   
7. Price Change Notification
   PROVIDER has the right to change the price of the services to reflect a change in the cost of the service, or other reasons. In case of price change, PROVIDER will send a 30-day advanced notice to its CLIENTS by e-mail only.
   
   
8. Start of Services
   Services will typically start on the same business day on PROVIDER's site.
   
   
9. Quality of Services
   Although the PROVIDER will make the best efforts to provide quality and uninterrupted services, this is not guaranteed. PROVIDER will not be responsible for any damages a service interruption may cause to the CLIENT. Further, PROVIDER will not censor any content on the Internet. It will be CLIENT's responsibility for the usage of his account and any consequences of this usage. But if the website is found to contain any material that may constitute violations of our Acceptable Use Policy, CLIENT’s account will be terminated immediately.
   
   
10. Types of Fees
    CLIENT agrees to pay for the services, registration fee, set-up fee, monthly fee, heavy traffic fee (if any) and excessive space fee (if any). The set-up fee and first month fee is due upon the signature of this agreement. PROVIDER will notify CLIENT in advance if any heavy traffic fee and/or excessive space fee are due.
    
    
11. Domain Name Registration
    PROVIDER will register the domain name(s) as submitted in the subscription forms.
    
    PROVIDER buys domain name(s) from other websites. It should be noted that the domain name registration process of CLIENT’s with no domain name may take a while and the domain name submitted in the CLIENT’s subscription form may not be already available. CLIENT must agree to pay the registration fees for the domain(s) upon accomplishment of the agreement. The sooner the CLIENT pays, the higher the probability of acquiring the desired domain name.
    
    
12. Termination of Services
    PROVIDER reserves the right to refuse services to anyone and to terminate existing services with 14-day advance notice for any or no reason; and without advance notice if the CLIENT violates the clauses of this agreement. This shall be sent by e-mail with the address: sales@media4solutions.com. There will be no monetary refund for terminated services availed in 31 days or more regardless of the reason. A 30-day money back guaranty will also be observed.
    
    
13. Automatic Account Upgrade
    PROVIDER may upgrade with e-mail notice all web hosting accounts, which do not comply with the restrictions above, to metered plans with traffic charges and/or web space charges.
    
    
14. Payments
    Payment must be in Philippine Peso or in US Dollars and must be done by means agreed with the PROVIDER. CLIENT understands that non-payment will result to automatic "hold" on his/her account. During the hold period the web site will not be accessible. The account will be "reactivated" after full payment is received.
    
    
15. Lawful use of Internet
    CLIENT agrees to use Internet in accordance with the law and with the ethical rules established or to be set up in the future.
    
    
16. Limited Liability
    PROVIDER SHALL NOT BE HELD LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS AND DATA, COMMUNICATION LINE BILLS, LOSS OF USE AND PRIVACY, DAMAGES TO THIRD PARTY, ETC. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO ANY CLAIMS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE. FURTHER, PROVIDER WILL NOT CENSOR ANY CONTENT ON THE INTERNET. THE CLIENT SHALL BE HELD FULLY RESPONSIBLE FOR THE USAGE OF HIS ACCOUNT AND ANY CONSEQUENCES OF THIS USAGE.
    
    
17. Indemnification
    CLIENT shall indemnify, defend by counsel reasonably accepted by PROVIDER, protect and hold PROVIDER harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to the web hosting and other services provided by PROVIDER to the CLIENT.
    
    
18. Security and Integrity of Information
    Although PROVIDER implements the latest technology for information protection there is no guarantee that the information on the Internet is absolutely secured or may never be destroyed. CLIENT agrees to keep the PROVIDER harmless in case of loss of information or privacy.
    
    
19. Entire Agreement
    This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein.
    
    
20. Waiver
    Performance of any obligation required of a party hereunder may be waived only by a written waiver signed by the other party, which waiver shall be effective only with respect to the specific obligation described therein. The waiver by either party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of this Agreement.
    
    
21. Severance of Provision
    If any provision of this Agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed separate from, and shall in no way affect the validity or enforceability of, the remaining provisions of this Agreement, which shall remain valid and enforceable according to its terms.
    
    
22. Authority to Execute
    Each of the parties to this Agreement represents and warrants that it has full power to enter into this Agreement and that it hasn't assigned, encumbered, or in any manner transferred all or any portion of the claims covered by this Agreement.
    
    
23. Benefit of Successors and Assigns
    This Agreement shall be binding upon and inure to the benefit of each of the parties hereto, and except as otherwise provided herein, their respective legal successors and permitted assigns.
    
    
24. Cumulative Remedies
    Except as specifically provided herein, no remedy made available to either party hereunder is intended to be exclusive of any other remedy provided hereunder or available at law or in equity.
    
    
25. No Partnership or Agency
    Nothing in this Agreement shall be construed as creating a joint venture, partnership, agency, employment relationship, franchise relationship or taxable entity between the parties, nor shall either party have the right, power or authority to create any obligations or duty, expressed or implied, on behalf of the other party hereto, it being understood that the parties are independent contractors vis-à-vis one another.
    
    
26. No Third Party Beneficiaries
    Nothing contained in this Agreement, expressed or implied, shall be deemed to confer any rights or remedies upon, nor obligate any of the parties hereto, to any person or entity other than such parties, unless so stated to the contrary.
    
    
27. Excused Performances
    PROVIDER shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of the services, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortages of facilities, fuel, energy, labor or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond PROVIDER's reasonable control. In the event of any such delay or failure, performance of the services shall be deferred to a date and time mutually agreeable by the parties.

CLIENT fully accepts and understands the abovementioned Web Hosting Terms and Agreement stipulated by the PROVIDER. The CLIENT is fully aware and responsible of the consequences to whatever action that may arise.