Web Hosting Agreement

This Web Hosting Agreement ("Agreement") is by and between Anuko International Ltd. ("Anuko"), a Canadian corporation, and you, your heirs, assigns, agents and contractors ("You") and is effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Anuko Web Hosting and Content Management services (collectively, the "Services") and represents the entire agreement between You and Anuko. By using the Services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement.

Description of Services

Anuko provides the Services to its customers for a monthly fee. Anuko will host Your website on Anuko servers, may provide You with a content management system (CMS), and may register domain names for You, provided, however, that You abide by the terms and conditions set forth herein.

Availability of Services

Subject to the terms and conditions of this Agreement, Anuko shall attempt to provide the Services for 24 hours per day, 7 days per week throughout the term of this Agreement. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation:

1. equipment malfunctions;
2. periodic maintenance procedures or repairs that Anuko may undertake from time to time; or
3. causes beyond the control of Anuko or that are not reasonably foreseeable by Anuko, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion, war, fire, flood, other acts of God, sabotage, labor disturbance, government regulations or intervention, or other failures.

You agree that Anuko has no control of availability of the Services on a continuous or uninterrupted basis. You further agree that as a normal course of its business, it may be necessary for Anuko to migrate its servers.

Website Content

You shall be solely responsible for providing, updating, uploading and maintaining Your website and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your website, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your website content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Services.

The following types of content are prohibited:

1. pornographic, obscene or excessively profane content;
2. content intended to advocate or advance computer hacking or cracking;
3. intellectual property, software, or music piracy;
4. gambling or lottery;
5. illegal activity;
6. content that violates international copyright laws;
7. drug paraphernalia; or
8. hate, violence or racial or ethnic intolerance.

Electronic Commerce

You shall be solely responsible for all aspects of your online activities, including the operation of any store or e-business. This includes, but is not limited to: a) the accuracy of statements and materials related to products and/or services offered online; b) the accuracy of accounting or billing; c) the accurate calculation and application of shipping and sales tax; d) the processing of orders, inquiries and complaints; and e) the maintaining of the confidentiality of client personal information.

Domain Names

For convenience of domain management Anuko may offer You a free domain name with a web hosting package, which may or may not imply that Anuko or any of its affiliates is listed as registrant or administrator of such domain name. This service is provided for convenience only. You shall be fully and solely responsible for any actions brought up as a result of Your website operation. For example, if a copyright infringement or any other dispute occurs it is Your responsibility to resolve it with all disputing parties.

Anuko may also offer You a domain name to use on a temporary basis, for example, in situations when Anuko owns a premium domain name that is relevant to Your business. Unless specified otherwise in writing, such service is provided on a condition that hosting of all content including mailboxes stays with Anuko.

Early Termination

When Anuko offers You a free domain, Anuko pays its annual cost to a domain registrar. There are also costs associated with setting up and shutting down websites. Low-cost, entry level hosting packages recover these costs after a while. If You terminate your hosting with free domain name within 1 year after starting, You agree to repay Anuko a domain name payment made on your behalf plus 2 months of hosting.

Your Obligations

You warrant to Anuko that:

1. Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation;
2. Your content does not and shall not infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person; and
3. that You own Your website content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your website.

You also warrant that the website being hosted by Anuko will not be used in connection with any illegal activity. If You are hosting Your website on Anuko servers, You are responsible for ensuring there is no excessive overloading on Anuko DNS or servers.

You may not use Anuko servers and Your website as a source, intermediary, reply-to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Anuko reserves the right to remove sites containing information about hacking or links to such information.

Anuko prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by Anuko. You agree that Anuko reserves the right to remove Your website temporarily or permanently from its servers.

Further, You acknowledge and agree that Anuko has the right to terminate Your Services in its sole discretion and for any reason, including, but not limited to, Your failure or unwillingness to comply with the terms and limitations of this Agreement, specifically, the content and material restrictions set forth in this Agreement. You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to:

1. disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email, or unreasonably large volumes of email on a daily basis;
2. disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
3. disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
4. create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication;
5. export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions;
6. interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization;
7. disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program;
8. engage in any other activity deemed by Anuko to be in conflict with the spirit of this Agreement.

Security

At all times, You shall bear full risk of loss and damage to Your website and all of Your website content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with Your website. You shall be solely responsible for undertaking measures to:

1. prevent any loss or damage to Your website content;
2. maintain independent archival and backup copies of Your website content;
3. ensure the confidentiality of Your password.

Anuko shall have no liability to You or any other person for Your use of the Services in violation of these terms. You shall at all times use the Services as a conventional and/or traditional website. You shall not use the Service in any way, in Anuko's sole discretion, that shall impair the functioning or operation of Anuko Services or equipment. Specifically by way of example and not as a limitation, You shall not use the Services as: (i) a repository or instrument for placing or storing archived files; and/or (ii) placing or storing material that can be downloaded through other websites. You acknowledge and agree that Anuko has the right to carry out a forensics examination in the event of a compromise to Your server or account.

In the event You terminate, moving Your website off of the Anuko servers is Your responsibility. Anuko will not transfer or FTP Your website to another provider.

Anuko's Rights

Anuko explicitly reserves the right and sole discretion to:

1. modify its pricing, if desired by Anuko;
2. establish or change limits and guidelines concerning the use of the Services;
3. terminate Your use of the Services for use of the Services to unnecessarily or illegally harass Anuko or third parties, non-payment of fees for the Services, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of countries and territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Anuko, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Anuko determines, in its sole discretion, to be harmful to its other customers, operations, or reputation;
4. terminate Your use of the Services if Your use of the Services results in, or is the subject of, legal action or threatened or proposed legal action, against Anuko or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and
5. terminate Your use of the Services at any time and for any reason if deemed reasonably necessary by Anuko.

Anuko has no obligation to monitor Your use of the Services, but reserves the right in its sole discretion to do so.

Disclaimer

Anuko Services are provided on an "as is, as available" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Anuko expressly disclaims any representation or warranty that the Services will be error-free, secure or uninterrupted. No oral advice or written information given by Anuko will create a warranty; nor may You rely on any such information or advice.

Modifications

Anuko may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide You with the Services. Certain changes to Anuko Services may affect the operation of customers' personalized applications and content. You are solely responsible, and Anuko is not liable, for any and all such personalized applications and content, except as expressly agreed to by Anuko in writing.

Limitation of Liability

YOU AGREE THAT NEITHER ANUKO NOR ANY OF ITS MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES (collectively, Anuko Indemnitees) WILL AT ANY TIME BE HELD LIABLE FOR ANY LOSS OF BUSINESS OR INJURIES OR LOSSES TO PERSONS OR PROPERTY FROM WILLFUL, ACCIDENTAL OR MISTAKEN SUSPENSION OR DELETION OF CUSTOMER INFORMATION OR DATA.

You acknowledge and agree that in no event will Anuko or any of Anuko Indemnitees be liable for any special, indirect, consequential, punitive or exemplary damages, or economic damages (including but not limited to damages for loss of profits or revenues, loss of data, or loss of use) in connection with this Agreement, even if Anuko has been advised of the possibility of such damages.

If, despite the foregoing limitations, Anuko or any of Anuko Indemnitees should become liable in connection with this Agreement for any reason, then in no event will the aggregate liability of Anuko exceed the amount payable by You to Anuko for one month of Services under this Agreement.

Indemnity

You will indemnify and save harmless Anuko and all Anuko Indemnitees from and against all damages, losses, liabilities, fines, costs and expenses (including actual legal fees and costs), incurred by or awarded, asserted or claimed against Anuko or any Anuko Indemnitee in connection with this Agreement which are attributable, in whole or in part, to any negligent or willful activities or omissions of You or any breaches by Your obligations under this Agreement.

Governing Law

This Agreement shall be interpreted in accordance with and be governed in all respects by the laws of the Province of British Columbia and the laws of Canada applicable therein. The courts of British Columbia shall have exclusive jurisdiction to entertain any action or proceeding brought by the parties in connection with this Agreement or any alleged breach of this Agreement.