This is an agreement between you, the client, and IshMedia.com, the provider. IshMedia.com is incorporated in the state of Pennsylvania, USA. IshMedia.com provides web hosting services which are governed by this Terms of Service.

IshMedia.com services are available to individual consumers and businesses, howsoever, as an individual or a representative for your business you or your business must comply with our Terms of Service.

1) IshMedia.com will host an account for you, the purchaser (hereafter referred to as the "Account Holder") for the Account Holders chosen domain name for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. The contract will automatically renew at the end of The Term unless otherwise specified by the Account Holder. Once the account cancellation request is received and we process the request as per the account holders consent, the agreement between the Account Holder and IshMedia.com is officially terminated. We reserve the right to remove the account from the web server at any time thereafter. IshMedia.com will NOT host the site for any time period left once the cancellation request has been received and processed. It is the Account Holder's responsibility to make sure that they have access to all their files and relevant data before initiating the cancellation request. IshMedia.com shall not be responsible for any loss of data once the account recurring billing has been cancelled.

2) IshMedia.com's services are provided on an 'as-is' basis and without warranties of any kind, either express or implied, including but not limited to warranties of availability, merchantability or fitness for a particular purpose. IshMedia.com expressly disclaims any representation that IshMedia.com services will be error-free, secure or uninterrupted. No spoken or written information by IshMedia.com, it's employees or it's stakeholders will create a warranty nor should you rely on any such information or advice. The terms of this Section (Section 2) will survive any termination of this Agreement.

3) The web hosting and reseller hosting account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. The intent of IshMedia.com is to provide space to serve web documents, not as an off- site storage area for electronic files and is governed by our Disk Usage Provision policy. Violations of these or any other provisions of this Agreement may result in termination of the services provided by IshMedia.com, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of IshMedia.com based upon the severity of the violation. IshMedia.com reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of IshMedia.com's then current Acceptable Use Policy, in the sole and absolute opinion of IshMedia.com. Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless IshMedia.com from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by IshMedia.com, (collectively, Claims) related to or in connection with the content of the Account Holder's website. The terms of this Section (Section 3) will survive any termination of this Agreement.

4) Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that IshMedia.com reserves the right to change the specified rates and charges from time to time.

5) The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. IshMedia.com will not change passwords to any account without proof of identification, which is satisfactory to IshMedia.com, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that IshMedia.com will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will IshMedia.com be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless IshMedia.com from any and all Claims arising from such ownership disputes. The terms of this Section (Section 5) will survive any termination of this Agreement.

6) The Account Holder agrees not to harm IshMedia.com, its reputation, computer systems, programming and/or other persons using IshMedia.com's services. IshMedia.com reserves the right to select the server for Account Holder's website for best performance. The Account Holder understands that the services provided by IshMedia.com are provided on a shared server. In order to keep our servers running at optimal levels, any sites running a process that requires more than 8MB of memory, more than 30 CPU seconds, or uses more than 10% of all available system resources at any time will be required to move up to an Intense Hosting or dedicated solution, or to be hosted elsewhere. In the interests of server performance, IshMedia.com reserves the right to suspend services until a solution is found. If the Account Holder refuses to comply with this Section, then IshMedia.com has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless IshMedia.com and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by IshMedia.com The terms of this Section (Section 6) will survive any termination of this Agreement.

7) The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of IshMedia.com.

8) If the Account Holder sells or resells advertising or web space to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. IshMedia.com has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current IshMedia.com

9) Account Holder is responsible to monitor all domain transfers, renewal and orders. In the event that an error occurs the account holder must notify IshMedia.com immediately of the error. In no event shall IshMedia.com be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.

10) The domain name is registered under IshMedia.com's name on behalf of our clients. IshMedia uses whoisguard on all domain names however we replace with client's contact information on request. This domain is managed by IshMedia.com on behalf of the Account Holder. Should the client cancel their account, this domain may be kept active for the fee of $15 US dollars per year. The Account Holder may transfer the domain name to an alternative domain registrar for the one-time fee of $15 US dollars.

11) Usage policy
IshMedia.com reserve the right to suspend or cancel a customer's access to any or all services we provided when we decide that the account has been inappropriately used. In short we do not allow certain activities hosted on our servers:

• No adult content (No Pornography)
• No online gambling
• No Spam, No unsolicited e-mailing
• No Warez, cracks, copyright infringement

12) Server abuse
Any attempt to undermine or cause harm to a server, or customer, of us is strictly prohibited.

13) Unauthorized use of other people's accounts or computers
We will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a customer, whether or not the attacked account or computer belongs to us, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

14) Abuse of Unlimited Traffic and/or Unlimited Storage
If one of our hosting plans offers unlimited traffic and/or unlimited storage for the client web sites, the intention is to provide a large space to serve web documents, not an offsite storage area for electronic files. All of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on our server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of our management. To maintain the integrity of our service the following limitations apply to such hosting plans:

• Sites with Banners, graphics or cgi scripts running from their domain used on other domain
• Sites with picture galleries (This is any site where 50% of the files transferred is graphics)
• Sites offering download files or archives. (This is any site where more than 50% of the monthly traffic is from file downloads)

If you do not qualify for the unlimited service, traffic will go unmonitored until you reach 2GB per month. Thereafter, extra data transfer cost of $5/1GB/month will be billed to your account.

We will be the sole arbiter as to what constitutes a violation of this provision

14) Commercial advertisements with e-mail
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation.

Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.

Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium.

15) Background Running Programs
In addition to these CLIENT agrees not to run any kind of 'server applications'. Every program/script that opens a port on the shared hosting server is considered a 'server application'. These include but are not limited to IRC servers, IRC proxies, IRC bots.CLIENT understands that the services are subject to immediate termination without compensation for non-compliance with the policies. Further, 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 any time or as a hard copy by request only.

16) Payment Policies
All accounts are set up on a pre-pay basis. Setup fees may be charged for all new accounts and major account changes. All pricing is guaranteed for the term of pre-payment. We reserves the right to change prices at any time. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies us in writing for a request for termination of services. Credit card information is stored on file and will be auto-billed on the due date of the account. Email notification will be sent to you prior to your hosting renewal date.

This document was last revised on Sunday, June 10th, 2007