1. HostMax claims no control whatsoever over the content of the information passing through the HostMax WEB SYSTEM. HostMax makes no warranties of any kind, whether expressed or implied, for the service it is providing. HostMax also disclaims any warranty of merchantability or fitness for a particular purpose.

2. HostMax will not be responsible for any damage you suffer. This includes loss of data resulting from delays, non-deliveries, or service interruptions caused by its own negligence or your errors or omissions.

3. HostMax WEB HOSTING SYSTEM may only be used for lawful purposes. Transmission of any material in violation of any Federal, Provincial or local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.

4. We do not permit adult material of any form (including but not limited to images, text, sound, video, etc) to be published through this site. Further, you are not permitted to distribute material promoting hatred against individuals or groups or any content which may be deemed to be illegal according to the laws of Canada. We reserve the right to decline requests for web space rentals and to cancel any account at our discretion. You are also not permitted to distribute material promoting any form of network abuse (Such as bulk spam mailers, sniffers, or hacking tools). See article 4 below.

5. At HostMax and its officer's discretion, access to HostMax WEB HOSTING SYSTEM may be revoked at any time for abusive conduct on the system and/or the Internet and its resources as a whole. HostMax and its officer's are deemed as authority to define abusive conduct to the system, and definitions may periodically change or be amended to previous ones.

6. You may not compile or install binary files other than the ones provided on the system. We do not make C compilers available for our web clients, and the PERL binaries provided will *not* have networking support (for example, socket.ph, ftp.pl, etc.) However, if there is any program which you'd like added to the available system binaries or scripts please check with your sales representative to arrange approval.

7. You agree to indemnify and hold harmless HostMax from any claims resulting from your use of the service which damages you or another party.

8. Use of any information obtained via HostMax WEB HOSTING SYSTEM is at your own risk. HostMax specifically denies any responsibility for the accuracy or quality of information obtained through its services.

9. Telnet and Shell Access is strictly prohibited.

10. You may use ftp to access your home directory for the purpose of installing and editing your web pages as often as necessary.

11. These Terms and Conditions supersede all previous representations understandings or agreements and shall prevail notwithstanding and variance with terms and conditions of any order submitted.

12. If a website is in the process of exceeding a total of 150 MB of Disk Space on HostMax or the traffic is deemed higher than averages, the web content will require being transplanted onto the Heavy User Server, a Managed Server or a possible alternative.

13. HostMax reserves the right to suspend without prior notification, accounts which are deemed to be a threat to the functionality or existence of HostMax WEB HOSTING SYSTEM.

14. HostMax will provide a 30 day money back guarantee. The 30 days start from the earliest of - the day we receive the electronic order form, the day customer signs up via fax. In any case, the set-up fee, extra bandwidth and extra storage space charges are not refundable.

15. Cancellations will NOT generate ANY refund.

16. If any HostMax account is generating web traffic considered unusually high, we may require the site to be placed on a Heavy User server Virtual Server. We reserve the right to make this determination at our discretion.

17. Use of HostMax WEB HOSTING SYSTEM constitutes acceptance of these Terms and Conditions.

EASYMAIL/MAILING LISTS

1. EasyMail E-Mail Accounts are restricted to a maximum size of 10MBytes of space on the EasyMail e-mail server. If this space is exceeded, this may result in e-mail being lost or your account being suspended or terminated.

2. EasyMail E-Mail Accounts are restricted to a maximum e-mail transfer of 7MB per Mail Server request. This is restricted by the Mail Server.

3. Deletions of EasyMail Accounts are queued for execution once a day (overnight).

DOMAIN PARKING / RESERVATIONS

1. There is no charge for indefinite parking of domains on HostMax servers. However, in the event a domain that was registered is transferred in less than 30 days from date of registration there will be an administrative transfer cost of $15.00 per domain assessed plus applicable taxes. Domain registration is heavily subsidized, and therefore this fee is required to ensure that we can continue to offer exceptionally low cost domain registrations for our valued customers.

2. Domain Parking does NOT include Web Space or Virtual Hosting.

DOMAIN REGISTRATIONS

1. Virtual Hosting will be active 24 hours after the initialization process begins (Final Confirmation is e-mailed to the client with subject 'Final Service Confirmation'). This includes DNS Support and Web Hosting Support.

HEAVY USER SERVER

1. This server is available by approval by a Senior HostMax officer only.

DISPUTES BETWEEN DOMAIN NAME HOLDERS AND THIRD PARTIES

The applicant acknowledges that any third party may, for whatever reason, challenge the use by the applicant of the domain name before an Administrative Domain Name Challenge Panel (ACP) in accordance with the WIPO ACP rules. The applicant further acknowledges that the decisions of an ACP may determine rights of applicant or other parties or both to the use of a particular domain name, and that, with respect to its right to use a particular domain name or names, it will be bound by ACP decisions

HostMax is a Web Hosting Service owned and maintained by HostMax Inc.