FRONTLINE Multimedia Inc. Service Agreement

From hereon in this agreement FRONTLINE Multimedia Inc. also known as FRONTLINE Hosting will be referred to as FRONTLINE. This agreement represents the complete agreement and understanding between FRONTLINE and the customer (hereinafter called Account Holder) and supersedes any other written or oral agreement. FRONTLINE reserves the right, in its sole discretion, with or without notice, may modify, these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered. Account Holder must comply with FRONTLINE's current "Terms and Conditions," as updated from time to time by FRONTLINE, which can be viewed at FRONTLINE's website.

Submission of your account order shall constitute your acceptance of these Terms and Conditions.


1. Provision of services

a. Service means - Any act of serving the ACCOUNT HOLDER, being provided by FRONTLINE, regardless of its duration and whether it's a paid service or a free service.

b. Without limiting the scope of item 1.a. above, FRONTLINE will provide services on its shared server to individual ACCOUNT HOLDERS in exchange for payment of fees and compliance with the terms and conditions of this document.

c. FRONTLINE Services are defined as the use by the ACCOUNT HOLDER of computing, telecommunications, software, and information services provided by FRONTLINE. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Global Internet.

d. FRONTLINE's setup fee does not include any regional registrar domain registration fees.

e. Be advised that upon registering a domain name with FRONTLINE you will be subject to the Terms and Conditions of Tucows or other registries as applicable.


2. Use of Services

a. The ACCOUNT HOLDER agrees to use the services provided by FRONTLINE as permitted by applicable local, provincial, state, and federal laws. The ACCOUNT HOLDER agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law, libelous, or against any FRONTLINE policy.

b. FRONTLINE reserves the right to refuse service to any new or existing customers.

c. The ACCOUNT HOLDER is solely responsible for any legal liability arising out of, or relating to, his/her website at FRONTLINE. The ACCOUNT HOLDER represents and warrants to FRONTLINE that it holds the necessary rights to permit the use of any of the items on his/her website, and, that the use, reproduction, distribution, transmission or display of any data to the public, and any material to which the public can link through, or any products of services made available to the public through his/her website, will not -

1. violate or potentially violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute; or

2. contain any material that is: unlawful, harmful, fraudulent, libelous, slanderous, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law. ACCOUNT HOLDER agrees to indemnify and to hold FRONTLINE, and any third party entities related to FRONTLINE, harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to:

* The ACCOUNT HOLDER's breach of any of the forgoing representations and warranties, or
* any other third party claim with respect thereto.


d. The ACCOUNT HOLDER understands and agrees that hosting of the ACCOUNT HOLDER's website is at the sole discretion of FRONTLINE. FRONTLINE may at its sole discretion discontinue website hosting service to any ACCOUNT HOLDER operating a website that FRONTLINE deems to be in violation of Section (3) of these Terms and Conditions.

e. FRONTLINE accounts cannot be transferred or used by anyone other than the ACCOUNT HOLDER. ACCOUNT HOLDER may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this agreement.

f. Use of other organizations networks or computing resources is subject to their respective permission and usage policy.

3. Use of Material

a. Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using FRONTLINE services. ACCOUNT HOLDERS may also re-distribute materials in the public domain. The ACCOUNT HOLDER assumes all risks regarding the determination of whether the material is in the public domain.

b. As provided by Canada federal law, United States federal law and by International law, copyrighted materials (e.g., images, text, and programs) may not be uploaded using FRONTLINE services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor the copyright notices be modified.


4. Password Security

The ACCOUNT HOLDER agrees to maintain a secure password to the account. Secure passwords are those that are between 6 and 12 characters long, contain upper and lowercase letters, numbers or other characters. The ACCOUNT HOLDER is solely responsible for changing its password as required to assure secure access to its account.


5. Indemnification

The ACCOUNT HOLDER agrees to protect, defend, hold harmless and to indemnify FRONTLINE, its Parents, Subsidiaries, Affiliates, Executives, Directors, Officers, Managers, Employees, Successors, Assigns, Consultants and Agents, from any claims, including attorney's fees, resulting from the ACCOUNT HOLDER's use of FRONTLINE's services.


6. LIMITED LIABILITY

a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL FRONTLINE BE LIABLE TO THE ACCOUNT HOLDER FOR ANY BUSINESS LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS/SERVICES, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, ANY OF FRONTLINE'S SERVICES, EVEN IF FRONTLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FRONTLINE'S LIABILITY EXCEED THE MONTHLY FEE PAID BY THE ACCOUNT HOLDER. THIS LIMITATION OF LIABILITY AND RISKS IS REFLECTED IN THE PRICE OF FRONTLINE'S SERVICES.

b. The ACCOUNT HOLDER acknowledges that FRONTLINE makes an honest effort to keep the information available on FRONTLINE's systems accurate. However, FRONTLINE can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through FRONTLINE is at the risk of the ACCOUNT HOLDER.

c. The ACCOUNT HOLDER acknowledges that the information available through the interconnecting networks may not be accurate. FRONTLINE has no ability or authority over the material. FRONTLINE can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through FRONTLINE services is at the risk of the ACCOUNT HOLDER.

d. The ACCOUNT HOLDER understands, agrees and acknowledges that FRONTLINE makes an honest effort to provide the ACCOUNT HOLDER with Technologies, Developments and Innovations that part of them are being licensed, or co-branded, from or by, third-party entities. However, FRONTLINE can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability or validity for the application(s), data and/or information involved in such items. FRONTLINE specifically disclaims all warranties of merchantability and and fitness for a particular purpose. The use of these application(s), data and/or information obtained from or through FRONTLINE, or any other referred third-party, directly or indirectly, is at the risk of the ACCOUNT HOLDER.

e. The ACCOUNT HOLDER understands, agrees and acknowledges that FRONTLINE will use its best efforts to maintain a full time Internet presence for ACCOUNT HOLDER. The network may be down due, but not limited to, utility interruption, equipment failure, natural disaster, acts of God, or human error. ACCOUNT HOLDER agrees that these events may or may not occur and ACCOUNT HOLDER will hold FRONTLINE, its Parents, Subsidiaries, Affiliates, Executives, Directors, Officers, Managers, Employees, Successors, Assigns, Consultants and Agents, free and harmless from any damages incurred in any event of any type of loss resulting from any reason whatsoever. Uses of FRONTLINE service is at the risk of the ACCOUNT HOLDER.


7. Payment of fees and penalties

a. The FRONTLINE accounting cycle begins on the 1st of each month. Charges for new accounts are prorated.

b. Service payments will be charged in advance of receiving services.

c. The service contract will be automatically renewed at the end of its term and the service payment for the renewal term will be charged automatically to ACCOUNT HOLDER's credit card. The length of the renewal term is based on the service plan "billing frequency."

d. Invoice – total amount is payable upon receipt. Payment is due at beginning of each accounting cycle.

e. Overdue accounts are those that remain unpaid 30 days after the beginning of the accounting cycle. Interest will accrue on unpaid amounts as and from 30 days after the invoice date at the rate of 2% per month (24% per annum).

f. If payment is not made for two consecutive billing cycles the provider will suspend the account with or without notice.

g. There is a service reconnection charge equal to the currently charged setup fee to reactivate accounts from suspended status. In the event that the setup fee was waived for what ever reason, the ACCOUNT HOLDER will now be charged a setup fee to reactivate accounts from suspended status.

h. The ACCOUNT HOLDER acknowledges responsibility for the account until payment in full is made.

i. There is a CAD$25.00 service charge for each check that is not honored.

j. The ACCOUNT HOLDER will be charged for excessive bandwidth usage(above the relevant allowance of the chosen service package). It is the ACCOUNT HOLDER responsibility to monitor the amount of bandwidth of his/her account, on a daily basis. FRONTLINE has no obligation to warn the ACCOUNT HOLDER regarding the excessive bandwidth usage.

k. No refund on all paid and pre-paid services.


8. "NOT-TO-RENEW" Requests

This agreement will commence upon the ACCOUNT HOLDER's acceptance of it and continue on a month-to-month basis.

a. For ACCOUNT HOLDERS that pay on a MONTHLY basis ONLY - "NOT-TO-RENEW" requests for FRONTLINE accounts must be given in written form, before the 15th of each month, in order to be processed by the end of the same month.

b. For ACCOUNT HOLDERS that pay on a NON-MONTHLY basis (3,6 and 12 months) - "NOT-TO-RENEW" requests for FRONTLINE accounts must be given in written form, 15 days before the account's anniversary date, in order to be processed before anniversary date. This will prevent an automatic renewal and charge.

c. All FRONTLINE accounts must be paid in full before the transaction will be considered complete.

d. Cancellations will NOT generate ANY refund.


9. Abuse of Services

a. Any use of FRONTLINE system resources that disrupts the normal use of the system for other FRONTLINE customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include, but are not limited to, spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, overwhelm the server with heavy CPU usage from highly active CGI scripts or chat scripts, spamming or mass emailing using internal or external mail and/or news servers. Without limiting the scope of the above, FRONTLINE forbids the storage of illegal/pirated software, the use of any type of IRC bot and/or proxy (including, but not limited to, bnc and eggdrop), the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk email lists intended for spamming or resale purposes.

b. Depending on the nature and the severity of the abuse, the user may receive an email warning or have his/her account suspended by FRONTLINE Technical Support. Spamming activities will result in immediate termination of services to Account Holder.

c. Unethical and criminal offenses are violations of FRONTLINE conditions of use. You are expected to report to FRONTLINE any information you may have concerning instances in which the conditions of use have been or are being violated. When FRONTLINE becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, FRONTLINE may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of FRONTLINE, following payment of a reconnection charge equal to the current setup fee.


10. IP Addresses

FRONTLINE maintains control and ownership of any and all IP numbers and IP addresses that may be assigned to the ACCOUNT HOLDER and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. ACCOUNT HOLDER will have no right to use the assigned IP numbers except as allowed by FRONTLINE in its sole discretion in connection with the plan ACCOUNT HOLDER has selected, during the term of this agreement.


11. Assignment

The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective successors, executors and administrators, as the case may be, provided that the ACCOUNT HOLDER may not assign or delegate its rights and obligations under his business relationships with FRONTLINE, either in whole or in part, without the prior written consent of FRONTLINE. FRONTLINE may assign its rights and obligations under this Agreement to a third party in connection with a merger, consolidation, sale of all or substantially all of FRONTLINE's assets or other corporate reorganization.


12. Governing Law/Severability

Any Agreement, arising from the business relationships between FRONTLINE and the ACCOUNT HOLDER, will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without reference to its conflicts of laws principles. ACCOUNT HOLDER agrees that any litigation or arbitration between the parties will take place in British Columbia, Canada, and consent to personal jurisdiction and venue in that Province. If any provision of that Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that Agreement will continue in full force and effect.


13. Age of Majority

FRONTLINE cannot accept agreements and payments from persons under the age of 18 years. Therefore, FRONTLINE requires that its agreements be made with a person who is qualified to contract. As such, the ACCOUNT HOLDER must be over the age of 18 years. Otherwise, a parent or guardian must accept this agreement and ensure the proper payment.


14. Complete Understanding/Modification

These Terms & Conditions constitute the full and complete understanding and agreement of the ACCOUNT HOLDER and FRONTLINE, relating to the subject matter hereof, and supersedes all prior understandings, agreements, representations and warranties relating to such subject matter. Any waiver, modification, or amendment of any provision of this Terms & Conditions, initiated by the ACCOUNT HOLDER, will be effective only if accepted in writing and signed by FRONTLINE.