Contract

THIS AGREEMENT is made and entered between Precision Web Hosting, Inc., hereinafter referred to as Precision Web Hosting, Inc. and and the Customer, who wishes to use the services of Precision Web Hosting, Inc. in accordance with Precision Web Hosting, Inc.’s standard application.

NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. SERVICE DESCRIPTION: As a World Wide Web service provider, Precision Web Hosting, Inc. provides dedicated server computers which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web. Customer wishes to connect to the World Wide Web utilizing the hardware and software resources of Precision Web Hosting, Inc. to establish an Internet web presence on one of Precision Web Hosting, Inc.’s server computers.

2. CONDITIONS: The application and this Agreement constitute a binding contract between Precision Web Hosting, Inc. and the Customer and does not extend to any other person or entity. Customer may resell to third parties but is responsible for third party activities and content, and is bound by the terms under this Agreement. Cancellations within the 30 day money back period will receive 100% of all monies paid. (Please note: if we are registering a new domain for you, monies for domain registration are not refundable.) Cancellations after that time period will receive a prorated refund.

3. WARRANTIES: With respect to the service to be provided herein, the Customer acknowledges that Precision Web Hosting, Inc. makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that Precision Web Hosting, Inc. shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.

4. INFORMATION: The utilization of any data or information received by the Customer from the utilization of the service to be provided by Precision Web Hosting, Inc. is at the Customer’s sole and absolute risk. Precision Web Hosting, Inc. specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.

5. DOMAIN NAME: If Precision Web Hosting, Inc. shall acquire an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against Precision Web Hosting, Inc., for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by Precision Web Hosting, Inc. for any reason.

6. PAYMENT: The first payment is due at the time the application is filled out, and returned to Precision Web Hosting, Inc.. Subsequent payments are automatically billed until cancellation is received. The payments are due at the beginning of the each new hosting period until cancellation is received. Payments not made by the required date are subject to a $7.50 late fee. For customers paying by credit card, your card will continue to be automatically charged in accordance with the billing schedule chosen, until that time a cancellation request is received. All cancellations must be submitted using our online cancellation form. For customers paying by check, invoices are normally emailed out 25 days in advance of the due date. In the event that the Customer fails to pay for such services in advance, Precision Web Hosting, Inc. shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made.

7. UNILATERAL SERVICE REVOCATION: Customer is solely responsible to maintain, supervise, and monitor the content of Customer’s website; provided, however, if in the event that Precision Web Hosting, Inc. may at any time believe that the service is being utilized for unlawful purposes or purposes detrimental to the Precision Web Hosting network, by the Customer or in contravention with the terms and provisions herewith, Precision Web Hosting, Inc. may immediately discontinue such service to the Customer without liability. This will include adult content, links to adult content and/or unsolicited email or newsgroup postings (spam). (We do not host lingerie sites.)

8. INDEMNIFICATION: The Customer shall indemnify and hold harmless Precision Web Hosting, Inc. from any and all loss, cost, expense, legal fees, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against Precision Web Hosting, Inc. on the grounds that the web space content violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.

9. ATTORNEY FEES: In the event of any binding arbitration or litigation between the parties hereto to enforce any provision or right hereunder, the prevailing party shall be entitled to recover all costs and expenses, including, without limitation, reasonable attorneys’ fees incurred by such successful party, which costs, expenses, and fees shall be included in any judgment rendered in such litigation, in addition to any other relief to which such successful party may be entitled.

10. CHANGES IN TERMS OF AGREEMENT: Precision Web Hosting, Inc. reserves the right to make changes to the terms and conditions of this Agreement upon thirty (30) days notice to the Customer, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).

11. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the application for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.

12. GOVERNING LAW: This Agreement shall be governed by the laws of California in the United States of America. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect.

13. ARBITRATION: The parties agree that any claim or dispute arising under, out of, in connection with, or relating to, this Agreement or any alleged breach thereof, shall be settled by binding arbitration, using the arbitration services of the Better Business Bureau. Any award rendered by the arbitrator or arbitrators shall be final and binding on each of the parties hereto, their successors and assigns, and judgment may be entered thereon in any court having jurisdiction thereon. The parties agree that these methods shall be the sole remedy for any controversy or claim arising out of this Agreement and expressly waive their right to file any legal action in any civil court or agency against one another for such disputes, except to enforce an arbitration decision.

14. FORUM SELECTION: The parties agree to submit to the jurisdiction of the state or federal courts sitting in the County of San Diego, State of California, with respect to any litigation arising out of or relating to this Agreement.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto.