Contract for Web Site Hosting

Colocation & Dedicated Servers

The following agreement is by and between eVenture
125 31st Ave E,  Seattle, WA  98112 and customer named below.

WHEREAS, eVenture is an information provider connected to the Internet. eVenture offers storage and transfer services over the Internet through access to its Web Servers;

WHEREAS, Client seeks to utilize eVenture servers for its own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, eVenture can make no guarantee that any given reader shall be able to access eVenture servers at any given time. eVenture represents that it shall make every good faith effort to ensure that its servers are 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;

I. Financial Arrangements:
1. Client agrees to a monthly contract, beginning upon eVenture receipt by fax, mail, or electronic mail. eVenture will accept contracts by electronic mail, if you pay with a credit card. Submission by electronic mail is consent to all terms herein.
2. First month payment plus hosting and setup charges, if any, shall be due upon receipt of contract. Once an account has been set up, no refunds will be given for setup and registration fees, regardless of reason. Account set up means set up on our servers, and has nothing to do with the status of the registration provider if applicable.
3. This agreement will automatically renew for successive monthly periods unless canceled in writing 30 days prior to the monthly renewal date. Client will receive an invoice for charges and payment is due upon receipt. All prices are subject to change.

II. Taxes:
eVenture shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or eVenture servers. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

III. Material and Products:
1. Client will provide eVenture with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of eVenture. eVenture shall make no effort to validate this information for content, correctness or usability
2. eVenture will exercise no control whatsoever over the content of the information passing through the network. eVenture makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. eVenture 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 eVenture is at the Client's own risk, and eVenture 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. eVenture 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. eVenture specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", eVenture may, at its option and at any time, reject this material, including but not limited to after it has been put on eVenture Servers. eVenture 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 eVenture. If the Client fails to modify the material, as directed by eVenture, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.

IV. Trademarks & Copyrights:
Client warrants that it has the right to use the applicable trademarks, if any, and grants eVenture the right to use such trademarks in connection with eVenture Server service.

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

VI. Age:
The Customer certifies that he or she is at least 18 years of age.

VII. 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 eVenture may not be used to impersonate another person or misrepresent authorization to act on behalf of others or eVenture. All messages transmitted via eVenture 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.

VIII. Termination:
This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice Notwithstanding the above, eVenture may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement.

IX. Limited Liability:
1. Client expressly agrees that use of eVenture Servers is at Client's sole risk. Neither eVenture, its employees, vendors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that eVenture 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 eVenture Server service, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall eVenture, its offices, agents or any one else involved in creating, producing or distributing eVenture Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the eVenture 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 eVenture records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on eVenture Server service.
3. 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 and any reasonable attorney's fee and court costs.

X. Lawful Purpose:
Client may only use eVenture Servers 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 eVenture strongly encourages you to choose carefully what you place on servers for distribution over the internet. What you may not consider to be pornographic may be ruled as such in another jurisdiction eVenture reserves the right to remove any material that it deems to be obscene, pornographic, etc. eVenture will not host any site that has sexually oriented materials.

XI. Identification:
Client agrees that it shall defend, imdenify, save and hold eVenture harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against eVenture, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless eVenture against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with eVenture Servers; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on eVenture Servers

XII.This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties. This Agreement shall be governed and construed in accordance with the laws of the State of Washington.

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

Client Name & Date_____________________________________

Client is responsible for securing this Domain Name with a registration provider of its choice, eVenture will oversee all Domain Registration forms to ensure they are Correct. eVenture is not responsible for monitoring, maintaining, or payment of your Domain Name with your registration provider in any manner. eVenture may register the Domain Name for the customer upon request.

Please date, sign and FAX all pages to the number below.

Please mail a signed/completed copy of this contract. Processing of your request cannot begin until payment is received with a copy of this contract.

eVenture
125 31st Ave E
Seattle, WA  98112
206.679.4779
206.324.3101 FAX