1: Definitions In this Contract: “Authorized User” means anyone the Customer allows to use the  Service. “IPD SERVICES” means IPD SERVICES of P.O. Box 2938 Oak  Harbor, Washington State, U.S.A. “Contract” means this Services Agreement. "Customer" means the person named on the Registration Form  and anyone reasonably appearing to IPD SERVICES to be acting  with that person's authority or permission. “Fee” means the fees specified in the hosting contract. Payments  accepted by IPD SERVICES include: Cash, Check, Money Order  or PaypPal.  "Internet" means the global data network comprising  interconnected networks using the TCP/IP protocol suite. “Service” means that service or service which is detailed in the  on-line registration form. 2: Duration This Contract begins on the date that the Customer completes the  hosting contract and will continue until terminated in accordance  with this Contract. 3: Provision of the Service 3.1 IPD SERVICES will in return for the Fee provide the Customer  with the Service on the terms of this Contract. Nothing under this  Agreement shall affect your statutory rights in particular under the  Consumer Credit Act 1974 or the Data Protection Act 1998. 3.2 IPD SERVICES will use reasonable endeavors to provide the  Service by any date agreed with the Customer but all dates are  estimates and IPD SERVICES has no liability for any failure to  meet any date. 3.3 IPD SERVICES will provide the Service with the reasonable  skill and care of a competent provider of services which are the  same or similar to the Services. 3.4 It is technically impracticable to provide a fault free Service and  IPD SERVICES does not undertake to do so. IPD SERVICES will  however use its best efforts to procure the repair any reported  faults as soon as it reasonably can. 3.5 Occasionally IPD SERVICES may: (a) change the technical specification of the Service; (b) suspend the Service for operational reasons such as repair,  maintenance or improvement of the Service or because of an  emergency. 3.6 The Customer is responsible for providing suitable computer  hardware, software and telecommunications equipment and  services necessary to access and use the Service. This Contract  does not include the provision of telecommunications services  necessary to connect to the Service or to obtain access to the  Internet. 3.7 The Customer is responsible for the acts and omissions of all  Authorized Users in connection with the Service and is liable for  any failure by any Authorized User to perform or observe the terms  and conditions of this Contract. 4: Security 4.1 The Customer is responsible for the security and proper use of  all user names and passwords used in connection with the Service  (including changing passwords on a regular basis) and must take  all necessary steps to ensure that they are kept confidential,  secure, used properly and not disclosed to unauthorized people. 4.2 The Customer must immediately inform IPD SERVICES if  there is any reason to believe that a user name or password has or  is likely to become known to someone not authorized to use it or is  being or is likely to be used in an unauthorized way. 4.3 The Customer must not change or attempt to change a user  name or alias. If a Customer forgets or loses a password or user  name the Customer must contact IPD SERVICES and satisfy such  security checks as IPD SERVICES may operate. 4.4 IPD SERVICES reserves the right to suspend user name and  password access to the Service if at any time IPD SERVICES  considers that there is or is likely to be a breach of security. 4.5 IPD SERVICES reserves the right (at its sole discretion) to  require the Customer to change any or all of the passwords used  by the Customer in connection with the Service 4.6 The Customer must immediately inform IPD SERVICES of any  changes to the information the Customer supplied when registering  for the Service. 4.7 IPD SERVICES reserves the right to disclose the name,  address and other contact details of the Customer upon  reasonable request in writing from any law enforcement agency  and/or third party (or solicitors acting on behalf of either of the  foregoing), where it reasonably appears to IPD SERVICES that  such information is required by such party to establish, exercise or  defend legal rights included, without limitation, for the purpose of or  in connection with actual or prospective legal proceedings or  obtaining legal advice. 5: Use of the Service 5.1 The Service is provided solely for the Customer's own use  (including use by Authorized Users) and the Customer will not sell  or attempt to sell the Service (or any part or facility of it) to any third  party. 5.2 The Service must not be used by the Customer or any  Authorized User in a way that does not comply with: (a) the terms of any legislation or any license applicable to the  Customer or that is in any way unlawful; (b) the Hosting Contract. 5.3 The Service must not be used by the Customer or any  Authorized User: (a) fraudulently, in connection with a criminal offence, or otherwise  unlawfully; (b) to send, receive, upload, download, use or re-use any  information or material which is offensive, abusive, indecent,  defamatory, obscene or menacing, or in breach of confidence,  copyright, trademark, service mark, patent, privacy or any other  rights; (c) to cause annoyance, inconvenience or needless anxiety; (d) to transmit knowingly or recklessly any electronic material  (including viruses) through the Service which shall cause or is likely  to cause detriment or harm, in any degree, to computer systems  owned by IPD SERVICES or other Internet users; (e) to send or provide unsolicited advertising or promotional  material or to receive responses to any unsolicited advertising or  promotional material sent or provided using the Service by any  third party; or (f) other than in accordance with the acceptable use policies of any  connected networks. 5.4 The Customer must not use a user name or alias that infringes  the rights of any person in a corresponding trademark or name.  IPD SERVICES reserves the right to require the Customer to  select a replacement user name or alias and may either refuse to  provide or may suspend Service if, in IPD SERVICES's opinion,  there are reasonable grounds for IPD SERVICES to believe that  the user name or alias is, or is likely to be, used for a dishonest  purpose, offensive, abusive, defamatory, obscene, or in violation  of any person's intellectual property or similar rights. 5.5 If the Customer, an Authorized User or anyone else, with or  without the Customer's knowledge or approval, uses the Service in  contravention of paragraphs 5.1, 5.2, 5.3, IPD SERVICES may  treat the contravention as a material breach of this Contract which  cannot be remedied for the purposes of paragraph 12. 6: Internet The Service does not provide or include access to the Internet.  The Customer's use of the Internet is solely at the Customer's risk  and subject to all applicable laws, and IPD SERVICES has no  responsibility for any information, software, services or other  materials accessed or obtained by the Customer using the  Internet. 7: Indemnification 7.1 The Customer hereby agrees to indemnify and to hold IPD  SERVICES harmless from and against any claim brought by a third  party resulting from the use of the Service by a third party or by the  Customer and in respect of all losses, costs, actions, proceedings,  claims, damages, expenses (including reasonable legal costs and  expenses), or liabilities, whatsoever suffered or incurred by IPD  SERVICES in consequence of the Customer's breach or  non-observance of the Contract. 7.2 The Customer shall defend and pay all costs, damages,  awards, fees (including any reasonable legal fees) and judgments  awarded against IPD SERVICES arising from the above claims  and shall provide IPD SERVICES with notice of such claims, full  authority to defend, compromise or settle such claims and  reasonable assistance necessary to defend such claims, at the  Customer's sole expense. 7.4 This paragraph 7 shall remain in effect for three years after the  termination of this Contract. 8: Confidential information (a) Each party hereto (i) shall use the same care and discretion, but  in no event less than reasonable care and discretion, to prevent  disclosure, publication or dissemination of the other party’s  Confidential Information (defined below) as it employs with similar  information of its own and (ii) shall not use, reproduce, distribute,  disclose or otherwise disseminate the Confidential Information  except in connection with the performance of its obligations under  this Agreement. (b) As used in this Agreement the term ‘Confidential Information’  means any and all data and information relating to the business of  the disclosing party (i) of which the receiving party becomes aware  as a consequence of or through this Agreement; (ii) which has  value to the disclosing party and is not generally known by its  competitors; (iii) which is treated by the disclosing party as  confidential and (iv) which has been reduced to tangible form and  marked clearly and conspicuously with a legend identifying its  confidential or proprietary nature, provided, however, that  Confidential Information does not include any data or information  which is already known to the receiving party, or which (1) has  become generally known to the public through no wrongful act of  the receiving party; (2) has been rightfully received by the receiving  party from a third party without restriction on disclosure and without,  to the knowledge of the receiving party, a breach of an obligation of  confidentiality running directly or indirectly to the other party hereto;  (3) has been disclosed pursuant to a requirement of a  governmental agency or of law without similar restrictions or other  protection against public disclosure, or is required to be disclosed  by operation of law; (4) is independently developed by the  receiving party without use, directly or indirectly, of the Confidential  Information received from the other party hereto; or (5) is furnished  to a third party by the disclosing party hereunder without restrictions  on the third party’s right to disclose the information. Confidential  Information may include, but is not limited to, information relating to  the products, processes or financial affairs of the disclosing party. 9: Limitation of Liability 9.1 IPD SERVICES accepts unlimited liability for death or personal  injury resulting from its negligence and paragraphs 9.2 and 9.3 do  not apply to such liability. 9.2 IPD SERVICES is not liable to the Customer, either in contract,  tort (including negligence) or otherwise for direct or indirect loss of  profits, business or anticipated savings, nor for any indirect or  consequential loss or damage or for any destruction of data. 9.4 IPD SERVICES excludes all liability of any kind in respect of  any material on the Internet which can be accessed using the  Service and is not responsible in any way for any goods (including  software) or services provided by third parties advertised, sold or  otherwise made available by means of the Service or on the  Internet. 9.5 IPD SERVICES is not liable to the Customer either in contract,  tort (including negligence) or otherwise for the acts or omissions of  other providers of telecommunications or Internet services  (including domain name registration authorities) or for faults in or  failures of their equipment. 9.6 Each provision of this Contract, excluding or limiting liability,  operates separately. If any part is held by a court to be  unreasonable or inapplicable, the other parts shall continue to  apply. 10: Matters Beyond Reasonable Control If IPD SERVICES is unable to perform any obligation under this  Contract because of a matter beyond its reasonable control such  as lightning, flood, exceptionally severe weather, fire, explosion,  war, civil disorder, industrial disputes (whether or not involving its  employees), or acts of local or central Government or other  competent authorities, or events beyond the reasonable control of  its suppliers, it will have no liability for that failure to perform. 11: Domain Names If the Service includes the registration of an Internet domain name  the Customer acknowledges and agrees that: 11.1 IPD SERVICES does not represent, warrant or guarantee that  any domain name applied for by the Customer or on its behalf will  be registered in its requested name or is capable of being  registered by it or that the use of such domain name by it will not  infringe any third party rights. Accordingly, the Customer should  take no action in respect of its requested domain name(s) until it  has been notified that its requested domain name has been duly  registered and IPD SERVICES will not be liable for any such  action taken by the Customer. 11.2 the registration of the domain name and its ongoing use by  the Customer is subject to the relevant naming authority's terms  and conditions of use and the Customer undertakes to IPD  SERVICES that it will comply with such terms and conditions. The  Customer hereby irrevocably waives any claims it may have against  IPD SERVICES in respect of any decision of a naming authority to  refuse to register a domain name and, without limitation, the  Customer acknowledges and agrees that any administration or  other charge paid by the Customer in respect of the registration of  the domain name is non- refundable in any event. 11.3 IPD SERVICES accepts no responsibility in respect of the  use of a domain name by the Customer and any dispute between  the Customer and any other individual or organization regarding a  domain name must be resolved between the parties concerned  and IPD SERVICES will take no part in any such dispute. IPD  SERVICES reserves the right, on becoming aware of such a  dispute concerning a domain name, at its sole discretion and  without giving any reason, to either suspend or cancel the relevant  service associated with the domain name, and/or to make such  representations to the relevant naming authority as it deems  appropriate. 11.4 Any Internet Protocol address allocated by IPD SERVICES  to the Customer shall at all times remain the sole property of IPD  SERVICES and the Customer will have a non-transferable license  to use such address for the duration of this Agreement. If this  Agreement is terminated for whatever reason, the Customer's  license to use the Internet Protocol address shall automatically  terminate and thereafter it will not use such address. 12: Termination of this Contract by Notice Either party may terminate this Contract on 14 days' notice to the  other, without prejudice to any rights that may have accrued before  termination. Upon termination (for whatever reason), IPD  SERVICES may re-allocate any user names and aliases  associated with the terminated Service. 13: Breaches of this Contract 13.1 Either party may terminate this Contract or the provision of  Service under it without notice if the other: (a) commits a material breach of this Contract, which is capable of  remedy, and fails to remedy the breach within a reasonable time of  a written notice to do so; (b) commits a material breach of this Contract which cannot be  remedied; or (c) is repeatedly in breach of this Contract; 13.2 If any of the events detailed in paragraph 13.1 occur because  of the Customer or an Authorized User, IPD SERVICES may  suspend the Service without prejudice to its right to terminate this  Contract. At its sole discretion, IPD SERVICES reserves the right  to suspend or terminate any Authorized User's use of the Service  as an alternative remedy to immediate termination of the Contract.  This remedy is without prejudice to IPD SERVICES's right  subsequently to suspend or terminate the contract. IPD  SERVICES may refuse to restore Service which has been  suspended under this paragraph until it has received assurances  satisfactory to IPD SERVICES that the breach has been remedied  and will not be repeated. 13.3 Termination under this paragraph is without prejudice to any  rights that may have accrued before termination. 13.4 If either party delays in acting upon a breach of this Contract  that delay will not be regarded as a waiver of that breach. If either  party waives a breach of this Contract that waiver is limited to that  particular breach. 13.5 Upon termination (for whatever reason), IPD SERVICES may  re-allocate any user names and aliases associated with the  terminated Service. 14: Changes to this Contract IPD SERVICES can change the Conditions of this Contract at any  time on 14 days' notice to the Customer. 15: Assignment Neither party may assign or transfer any of its rights or obligations  under this Contract, without the written consent of the other, except  that IPD SERVICES may assign its rights or obligations (or both)  to a IPD SERVICES Group Company without consent. [I put this in  to allow for future changes of ownership] 16: Entire Agreement This Contract contains the whole agreement between the parties  and supersedes all previous written or oral agreements relating to  its subject matter. 17: Notices Notices given under this Contract may be delivered on-line or by  e-mail. Additionally, IPD SERVICES may publish notices to the  Customer via the IPD SERVICES website; notices will be deemed  effective on the date of publication, or otherwise as notified to the  Customer by IPD SERVICES. A notice from IPD SERVICES  which is sent by e-mail to the Customer's e-mail address will be  deemed effective 3 days after the date it is sent. A notice from the  Customer to IPD SERVICES will be deemed effective when  received by IPD SERVICES at the e-mail address notified by IPD  SERVICES to the Customer. 18: Data Protection Consent IPD SERVICES may collect, hold, control, use and transmit data  obtained from and about you in the course of your using the  Services and the IPD SERVICES web site. By accepting the terms  and conditions of this Contract, the Customer grants IPD  SERVICES and its agents processing data on IPD SERVICES's  behalf, permission, in accordance with the Data Protection Acts  1984 and 1998, to send the Customer unsolicited advertising and  promotional material pertaining to other IPD SERVICES products  and services and to third-party products and services selected by  IPD SERVICES. The Customer may revoke permission to IPD  SERVICES and its agents to send the Customer unsolicited  advertising and promotional material pertaining either to other IPD  SERVICES products and services or to third party products and  services, or both, by notifying IPD SERVICES by e-mail of said  revocation. 19: Law This Contract is governed by the law of Washington State USA,  and the Customer submits to the exclusive jurisdiction of the courts  of Washington State.