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Hosting Agreement

This Hosting Agreement (“Agreement”) governs your purchase and use of all Web site hosting services, including the Shared hosting services, Email Services and Domain Name Services (collectively, the "Services").

THIS AGREEMENT IS ENTERED INTO BETWEEN MEDIA GENESIS AND YOU THE CUSTOMER ("CUSTOMER"). MEDIA GENESIS IS WILLING TO ENTER INTO THIS AGREEMENT ONLY ON THE CONDITION THAT CUSTOMER PAYS THE APPROPRIATE FEES AND ACCEPTS ALL OF THE TERMS IN THIS AGREEMENT.

PLEASE READ THE TERMS CAREFULLY. BY READING THIS AGREEMENT, USING MEDIA GENESIS SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY IT.

Media Genesis may modify any of the terms and conditions contained in this Agreement and any policy or guideline incorporated by reference, at any time in its sole discretion and may also determine whether and when the modifications apply to existing or future customers. Your continued use of the Services constitutes your acceptance of the modifications.

1. Term and Payment for Services
1.1 Term. This Agreement will be for an "Initial Term" of 12 months from the order date if you register for hosting or domain registration services. Both of these Services are pre-paid for 1 year. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term, unless you provide Media Genesis with notice of termination at least 7 days before the end of the Initial Term or the Renewal Term, whichever is then applicable. You must provide Media Genesis with your notice of termination by emailing your notice using the email Contact on our website, www.i-mediagenesis.com. Upon emailing your notice, you will be required to provide Media Genesis with sufficient customer identification information so that Media Genesis may properly identify you and your account. Any notice of termination will be effective upon Media Genesis's receipt of notice.

1.2 Termination Policy. If you terminate the Services before the end of the Initial Term or the Renewal Term, whichever is then applicable, Media Genesis will not refund to you any fees paid in advance of termination. If Media Genesis terminates this Agreement, Media Genesis will refund to you the pro-rata portion of pre-paid fees attributable to Services not yet rendered as of the termination date, unless otherwise expressly provided in this Agreement.

1.3 Liability and Obligations on Termination. If the Agreement expires or is terminated for any reason, Media Genesis is not liable to you because of the expiration or termination for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, Media Genesis will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to Media Genesis under this Agreement.

1.4 Charges. You will pay all charges for your use of the Services at the then current Media Genesis prices. 
 
1.5 Payment. You will pay all charges for Services in advance according to the then current price for the Services. Renewal notices and/or invoices will be sent to you prior to the due date for the Services. Media Genesis may also send periodic invoices to you for any applicable Supplemental Charges associated with your use of the Services. You will pay to Media Genesis the amount indicated in each invoice by the due date reflected on the invoice. If you fail to pay any fees within 3 days from the applicable due date for credit card or invoice payments, Media Genesis will assess late charges equal to 20% of the invoice amount per month. Your failure to fully pay any fees within 7 days after the applicable due date is a material breach of this Agreement, justifying Media Genesis in suspending its performance and terminating this Agreement. If Media Genesis terminates for your material breach, you must still pay past due fees plus interest. You are responsible for any costs Media Genesis incurs in enforcing collection, including reasonable legal fees, court costs and collection agency fees. If you reinstate Services, you must pay any fees associated with reinstating Services.


2. Use of Services
2.1 Applicable Policies and Guidelines. Media Genesis's On-line Privacy Policy governs how Media Genesis collects, stores, processes and uses information associated with your use of the Services. The On-line Privacy Policy is posted on Media Genesis's Web site at www.i-mediagenesis.com (or such other location as Media Genesis may specify) and may be updated from time-to-time. YOU SHOULD CAREFULLY READ LEGAL NOTICES POST ON THE WEBSITE. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL SPECIFIED TERMS AND ANY MODIFICATIONS TO THE TERMS. MEDIA GENESIS MAY TERMINATE YOUR ACCOUNT FOR ANY VIOLATIONS.

2.2 Bandwidth, Storage, and E-Mail Usage. For Services, you will not exceed the bandwidth, storage and E-mail usage limits that have been assigned to you. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, Media Genesis may, in its sole discretion, assess you with additional charges, suspend the Service, or terminate this Agreement. If Media Genesis elects to take any corrective action, Media Genesis will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding assigned limits and resultant charges.

2.3 Domain Names. As part of the Services, you will provide Media Genesis with a registered domain name or names, or Media Genesis will register domain name(s) you select if the domain name is available for registration and does not violate any ICANN’s (The Internet Corporation for Assigned Names and Numbers) or ICANN accredited registrars' policies, or any law or regulation. You will promptly reimburse Media Genesis for any fees Media Genesis pays to an ICANN accredited registrar or other registration services for registering and maintaining the domain name(s). If any dispute or cause of action arises out of or is related to your domain name used in connection with the Services, then upon your request, Media Genesis will attempt to register with an ICANN accredited registrar or other registrar an alternative domain name you chose. Upon registering your domain name, you are bound by the terms of the ICANN accredited registrar used by Media Genesis then current domain name policy and the policies of the national DNS registration authorities. Media Genesis will not refund any fees you paid with respect to the registration of a domain name you are unable to use. If you received a "Free Domain Name Registration" offer when you signed up for the Services, and you terminate the Services within 1 year of the domain name registration, you will immediately pay Media Genesis the full retail price for the domain name registration in effect when you registered the domain name, in addition to any other fees for early termination described in this Agreement.

2.4 Security. You are solely responsible for any security breaches affecting servers or accounts under your control. If your website is responsible for or involved in an attack on or unauthorized access into another server or system, Media Genesis will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting Media Genesis or any of its other customers.

2.5 Commercial Advertisements via E-Mail. You will not use Media Genesis services, your account or server to send or facilitate in any way the transmission of unsolicited commercial email. Media Genesis will enforce substantial penalties, including charging you for related network costs and terminating your account, for violations.

3. Intellectual Property Rights
3.1 Your License Grant to Media Genesis. You grant to Media Genesis a non-exclusive, worldwide, and royalty-free license for the Initial Term and the Renewal Term, if applicable, to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly: (a) grant to Media Genesis a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that this caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

3.2 Your Warranties And Representations to Media Genesis. You warrant, represent, and covenant to Media Genesis that: (a) you are at least 18 years of age; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

3.3 Media Genesis Materials And Intellectual Property. All materials, including any computer software (in object code and source code form), data or information that Media Genesis or its suppliers or agents develop or provide under this Agreement, and any know-how, methodologies, equipment, or processes Media Genesis uses to provide the Services to you, including all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto will remain Media Genesis's or its suppliers' sole and exclusive property. Media Genesis will also maintain and control ownership of all Internet protocol ("IP") numbers and addresses that Media Genesis may assign to you. Media Genesis may, in its sole discretion, change or remove any and all IP numbers and addresses.

4. Enforcement
4.1 Investigation of Violations. Media Genesis may investigate any reported violation of this Agreement, or its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers or third parties. Media Genesis will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.

4.2 Actions. Media Genesis may restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or that potentially violates any laws. If Media Genesis becomes aware that you have possibly violated this Agreement, any related policies or guidelines, third party rights or laws, Media Genesis may immediately take corrective action, including: (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on Media Genesis's systems, and (d) disabling or removing any hypertext links to third-party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by Media Genesis that, in Media Genesis's sole discretion, may violate or infringe any law or third-party rights or that otherwise exposes or potentially exposes Media Genesis to civil or criminal liability or public ridicule. It is Media Genesis's policy to terminate repeat infringers. These rights of action, however, do not obligate Media Genesis to monitor or exert editorial control over the information made available for distribution via the Services. If Media Genesis takes corrective action because of a possible violation, Media Genesis will not refund to you any fees you paid in advance of the corrective action.

5. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, MEDIA GENESIS DOES NOT MAKE AND DISCLAIMS, AND YOU WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.

6. Limitation and Exclusion of Liability
Interruption of Service. Media Genesis is not liable for any temporary delay, outages or interruptions of the Services. Further, Media Genesis is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any act of God or other cause beyond its reasonable control (including, any mechanical, electronic, communications or third-party supplier failure).

7. Indemnification You release and hold harmless, and agree to indemnify, Media Genesis and its affiliates and suppliers (and their respective employees, directors and representatives) against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by Media Genesis or its suppliers, arising out of or relating to: (a) your violation or breach of any term, condition, representation or warranty of this Agreement, or any applicable policy or guideline; (b) your improper or illegal use the Services; or (c) your violation, alleged violation, or misappropriation of any intellectual property right (including trademark, copyright, patent, trade secrets) or non-proprietary right of a third party (including defamation, libel, violation of privacy or publicity).

8. MISCELLANEOUS PROVISIONS
8.1 Entire Agreement. This Agreement, in conjunction with all policies and guidelines incorporated by reference, constitutes the entire agreement between you and Media Genesis with respect to the subject matter of the Agreement, and there are no representations, understandings or agreements that are not fully expressed in this Agreement and the related policies and guidelines.

8.2 No Fiduciary Relationship; No Third-Party Beneficiaries. Media Genesis is not the agent, fiduciary, trustee or other representative of you. Except for the rights of Media Genesis's suppliers under sections 6 and 7, nothing expressed or mentioned in or implied from this Agreement is intended or will be construed to give to any person (other than the parties to this Agreement) any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of its representations, warranties, covenants, conditions and provisions are intended to be and are for the sole and exclusive benefit of the parties to this Agreement.

8.3 Amendments. Except as expressly provided in this Agreement, no amendment, change, waiver, or discharge of this Agreement is valid unless in writing and signed by the parties.

8.4 Identification. Media Genesis may, free of any obligation to pay compensation, use your name and identify you as a Media Genesis client, in advertising, publicity, or similar materials distributed or displayed to prospective clients.

8.5 Choice of Law and Forum. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE REPUBLIC OF SINGAPORE.

8.6 Compliance With Laws. You will comply with all applicable laws and regulations and will indemnify and save Media Genesis harmless from your failure to so comply. Media Genesis will not have to perform any obligations set forth in this Agreement if the performance would violate any present or future law, regulation or policy of any applicable government.

8.7 Non-Assignment. You may not assign this Agreement or any right or obligation under this Agreement, by operation of law or otherwise, without Media Genesis's prior written consent. Media Genesis may assign its rights and obligations under this Agreement, and may utilize affiliates and agents in performing its duties and exercising its rights, without your consent. This Agreement are binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.

8.8 No Waiver. Media Genesis's failure to enforce the strict performance of any provision of this Agreement does not constitute a waiver of Media Genesis's right to subsequently enforce the provision or any other provisions of this Agreement.

8.9 Severability. If any term or provision of this Agreement is deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement, if applicable, will remain in full force and effect and, if the subject term or provision is deemed to be invalid, void or unenforceable only with respect to a particular application, the term or provision will remain in full force and effect with respect to all other applications.

8.10 Headings. The section headings used in this Agreement are for reference and convenience only and will not enter into the interpretation of the Agreement.

8.11 Survival. All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations will survive the termination or expiration of the Agreement.
 

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