=========================================

Sightz Productions Service Contract version 1.3

=========================================

Contract for Web Site Hosting and/or Email Services

The following agreement is by and between

Sightz Productions

of

212-34 Little Norway Cr , Toronto ON Canada

and

_________________________ client

of

_________________________ address

_________________________ address

_________________________ telephone

WHEREAS, Sightz Productions is an information provider connected to the Internet. Sightz Productions offers web site storage and transfer services over the Internet through access to its Web Server;

WHEREAS, Client seeks to utilize Sightz Productions's server for its own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Sightz Productions can make no guarantee that any given reader shall be able to access Sightz Productions's server at any given time. Sightz Productions represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

Financial Arrangements

Client agrees to a one (1) year contract, beginning upon Sightz Productions's receipt of this contract by fax, mail, or express mail. First one (1) year payment plus setup charges, shall be due upon receipt of contract.

All pricing is guaranteed for the term of payment received. Sightz Productions bills all web hosting and email services in 12 month (yearly) cycles. Sightz Productions reserves the right to change prices at any time. Payment is due each yearly anniversary of the date the account was established. This agreement will automatically renew for successive one (1) year  periods unless canceled in writing prior to the annual renewal date. It is the Client's responsibility to make arrangements for contract renewal payments prior to the expiration date of their current contract. Any account not brought current within a week 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 Sightz Productions in writing for a request for termination of services. Checks returned unpaid (NSF) will be assessed a $20 charge. All payment is in Canadian currency.  On each contract anniversary date Sightz Productions is authorized by the Client to charge the credit card of record for the next contract renewal. Renewal prices are subject to change. Renewal of services by Client indicates agreement to Contract revisions.

Sightz Productions reserves the right to use the pro-rated value remaining on client's contract as payment for use of webspace or traffic in excess of client's contracted amount. For example, if client owns a 5 Megabyte site and is using 10 Megabytes of space, Sightz Productions may calculate the dollar value remaining in the client's service contract, and apply it towards upgrading client to a 10 Meg site. The net effect of this action will be a reduction in the number of days until the client's renewal.

Cancellation

Sightz Productions reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Sightz Productions if Sightz Productions institutes its right of cancellation. If cancellation is caused by customers violation of these policies, then no refund is due.

Customers can cancel service any time and be refunded the amount remaining on their yearly contract on a pro-rated basis. Set up fees and fees paid for promotion or design services are not refundable. Due to security concerns, all account cancellations must be done in writing via mail or fax with a valid signature of the primary contact of the account, account name, reason for cancellation, user name, and original account password. Payment will be made by company check within 15 days of receipt of cancellation. The account will be cancelled at the end of the current billing period, unless a date of cancellation is specified.

Taxes

Sightz Productions shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or Sightz Productions's server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

Material and Products

Client will provide Sightz Productions with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Sightz Productions. Sightz Productions shall make no effort to validate this information for content, correctness or usability.

Use of Sightz Productions's service requires a certain level of knowledge in the use Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Client's Webspace by the Client.

The following examples are offered

Web Publishing requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, image mapping, etc. CGI-Scripts requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.

The Client agrees that he or she has the necessary knowledge to create Client's Webspace. Client agrees that it is not the responsibility of Sightz Productions to provide this knowledge or Customer Support outside of the defined service of Sightz Productions.

Sightz Productions will exercise no control whatsoever over the content of the information passing through the network. Sightz Productions makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Sightz Productions also disclaims any warranty of merchant- ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of Sightz Productions is at the Client's own risk, and Sightz Productions specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Sightz Productions expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Sightz Productions specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", Sightz Productions may, at its option and at any time, reject this material, including but not limited to after it has been put on Sightz Productions's Server. Sightz Productions agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of Sightz Productions. If the Client fails to modify the material, as directed by Sightz Productions, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.

Trademarks & Copyrights

Client warrants that it has the right to use the applicable trademarks, if any, and grants Sightz Productions the right to use such trademarks in connection with Sightz Productions's Server service.

Hardware, Equipment & Software

The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Sightz Productions. Sightz Productions makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Sightz Productions service.

Age

The Customer certifies that he or she is at least 18 years of age or of the age legally required to sign legal contracts in Customer’s home State, Province or Country.

 Termination

This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notwithstanding the above, Sightz Productions may terminate service under this Agreement at any time, without penalty or forfeiture of fees paid or due by the Client, if the Client fails to comply with the terms of this Agreement.

Limited Liability

Client expressly agrees that use of  Sightz Productions's Server is at Client's sole risk. Neither Sightz Productions, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Sightz Productions's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Sightz Productions Server service, unless otherwise expressly stated in this Agreement.

Under no circumstances, including negligence, shall Sightz Productions, its offices, agents or any one else involved in creating, producing or distributing Sightz Productions's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Sightz Productions Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Sightz Productions's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Sightz Productions's Server service.

Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement.

Lawful Purpose

Client may only use Sightz Productions's Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. Sightz Productions expressly forbids anyone from using Sightz Productions's servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature, Warez - Includes pirated software, phreaking, hacking. Libel. Slander. Hate Literature. copyrighted works (ie. commercial mp3 music files, software, unlicensed photographs). This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of the Sightz Productions management. In addition to the above, Sightz Productions may decide to designate, at our sole discretion, other content to be inappropriate for server use. If you are not sure, ask.

Sightz Productions reserves the right to refuse service and/or access to it's servers to anyone. Sightz Productions expressly forbids server use for distribution, storing, processing, or otherwise handling in any way the following

Security and Internet Etiquette

Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Sightz Productions may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Sightz Productions. All messages transmitted via Sightz Productions should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

Users must abide by the current Sightz Productions Acceptable Use Policies. These policies may change from time to time and it is the responsibility of each user to to abide by the current policies.

Customers may not intentionally use, develop, or establish programs or sites that do or attempt to do the following  Harass other users of the system. Consume all of an available resource. Function as a worm, virus or Trojan horse. Evade software licensing or copying mechanisms. Terminate or disrupt system services. Bypass system security mechanisms, capture, or crack passwords. Unauthorized decryption or translation of encrypted material. Eavesdrop on login session, e-mail, or other such interactions. Cloak their presence or evade system security.  Customers who attempt to evade security may have their accounts terminated.

Under no circumstances may a customer alter a file or directory that does not belong to him or her without prior permission of the file's owner. The ability to alter a file or directory does not imply permission to alter that file or directory.

In the normal course of systems administration, the Sightz Productions staff may have to examine files, electronic mail, etc., whether on-line or from backups, to gather sufficient information to diagnose and correct problems with systems software, or (with reasonable cause for suspicion) to determine if a user is acting in violation of the policies set forth in this document.

With reasonable cause for suspicion and/or diagnostic purposes, the Sightz Productions staff has the right to monitor any and all aspects of a system, including individual login sessions, to determine if a customer is acting in violation of the policies set forth in this document.

Sightz Productions may also be compelled to divulge the contents of user files, electronic mail, etc. to legitimate authorities following due process as defined by national, provincial, state, etc. laws. We will only allow such investigations where they are in complete accordance with the constitutions of Canada and The United States of America.

Sightz Productions will seek damages for any incidents of unlawful or unauthorized usage of our systems or connections.

Traffic Use Policy

Sightz Productions offers relaible, high-speed service by maintaining effective ratios of bandwidth to disk space per customer. To prevent certain customers from using server resources to such an extent that they may jepordize server performance and resources for other customers, we limit the amount of traffic that sites of each level are allowed. The Traffic allowances are as follows

1 Meg Site = 50 Megs traffic per month

5 Meg Site = 500  Megs traffic per month

10 Meg Site = 1000 Megs traffic per month

25 Meg Site = 2000 Megs traffic per month

Unlimited Site = unlimited traffic, although we reserve the right to restrict any one customer's use so as not to monopolize server resources

We are not fanatical about the traffic allowance. We realize that any site can have a particularly good month and temporarily receive excessive traffic. We reserve the right to charge $12 for each 100 Megs of extra traffic. If a site exceeds it’s traffic allowance by more than 50% in a given month, or exceeds the allowance for 2 or more months consecutively we may require the customer to upgrade to the next level of service.

Email

Email Harassment, whether through language, frequency, or size of messages, is prohibited. Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the customer must not send that person any further email.  Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.  Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.  Malicious email, including but not limited to "mailbombing" (flooding a user or site with very large or numerous pieces of email), is prohibited.  Forging of header information is not permitted.

Sightz Productions takes the problem of unsolicited commercial email very seriously. Violators of this policy will have their account terminated immediately upon discovery. Accounts terminated due to violation of this agreement will not be refunded any remaining contract fees.

Complaints or questions about unsolicited commercial email may be set to abuse@sightz.com.

Penalties for infractions

Minor infractions of this policy, when likely accidental in nature, are typically handled in an informal manner. More serious infractions regardless of success or failure of the attempt are handled via formal procedure. The Sightz Productions staff determines the penalty or rules on whether the case should be referred to another authority.

In general, Sightz Productions system's first responsibility is to stop the violation by disabling the users account. Intentional violations, especially relating to system security or of an illegal nature, will result in immediate suspension of the customer’s service. We reserve the right to charge a $50 disconnection fee when necessary.

Offenses that are in violation of local, state, or federal laws may result in immediate loss of all Sightz Productions privileges and the matter being referred to the appropriate local, state or federal agency.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Sightz Productions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Sightz Productions, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Sightz Productions against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Sightz Productions’s server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Sightz Productions’s server.

Disclaimer

Sightz Productions will not be responsible for any damages your business may suffer. Sightz Productions makes no warranties of any kind, expressed or implied for services we provide. Sightz Productions disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Sightz Productions and its employees. Sightz Productions reserves the right to revise its policies at any time.

Contract Revisions

Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Client on renewal of Sightz Productions Services as specified in Section I. Financial Arrangements.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services.

This Agreement shall be governed and construed in accordance with the laws of the Province of Ontario and of the Internet.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated below.

__________________________________________________ Client Name

__________________________________________________ Client Signature

__________________________________________________  Date

Sightz Productions
34 Little Norway Cr #212
Toronto ON Canada
M5V 3A3

Tel and Fax
1-888-522-6775
Toronto 416-352-5367

www.sightz.com

email sales @ sightz.com