Web Hosting Agreement

This Web Hosting Agreement is between

2a Whitehill Street,
Edinburgh, EH21 8RA

("Canvas Dreams")

and

You, the hosting customer

("You").

BY ACCEPTING THIS AGREEMENT AND USING COMPANY'S SERVICES YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, COMPANY'S ACCEPTABLE USE POLICY AND COMPANY'S NO-SPAM POLICY.

Canvas Dreams and You agree to the following provisions:

1. Provision of Services.

Canvas Dreams agrees to provide services to You in exchange for your payment for Canvas Dreams' services, your execution and compliance with this agreement, and your compliance with Canvas Dreams' Acceptable Use Policy and No-Spam Policy. Provision of Canvas Dreams' services shall commence once Canvas Dreams has received both your payment for Canvas Dreams' services and this Agreement duly executed by You. You warrant and represent that You shall use Canvas Dreams' services only for lawful purposes.

2. Agreement Term.

• For shared hosting, reseller hosting, and colocation: The initial term of this agreement shall be from the date of your initial payment and execution of this agreement through the remainder of the calendar month in which this agreement was executed.
   
• For dedicated server hosting: The initial term of this agreement shall be from the date of your initial payment and execution of this agreement through the remainder of the minimum contract period, in accordance with the dedicated server plan chosen by you. Minimum contract terms are noted on the dedicated servers page of this web site.

3. Automatic Renewal.

This agreement shall renew automatically on a monthly basis, at the end of the prior agreement term, unless terminated either by You or by Canvas Dreams in writing (email, mail, or fax) 30 days prior to the end of the current agreement term.

4. Termination without Cause.

You may terminate this agreement at any time, for any reason, by contacting Canvas Dreams, either by phone or email, and requesting that your account be canceled.

Canvas Dreams shall not refund amounts already billed for the service period in which You terminate the agreement.

If You terminate this agreement, your Web site content, databases, and email messages will be backed up and provided to You as an archive file, and sent to You either by email, PLACED ON A WEB-ACCESSIBLE DIRECTORY FOR DOWNLOAD, or COPIED to a CD AND MAILED TO YOU.

Canvas Dreams may terminate this agreement at any time, for any reason, by providing written or electronic mail notice of termination to your primary Web site's e-mail contact address no less than fifteen days prior to the service termination; and.

5. Termination for Cause.

YOU AGREE TO KEEP CANVAS DREAMS INFORMED OF ALL CURRENT CONTACT AND BILLING INFORMATION FOR YOUR ACCOUNT (INCLUDING DEBIT/CREDIT CARD INFORMATION). FAILURE TO MAINTAIN OR KEEP CURRENT ALL CONTACT INFORMATION SHALL BE A VALID GROUND FOR CANVAS DREAMS' TERMINATION OF SERVICES FOR CAUSE.

IF CANVAS DREAMS TERMINATES YOUR ACCOUNT FOR A VIOLATION OF THIS AGREEMENT, COMPANY'S ACCEPTABLE USE POLICY, OR COMPANY'S NO-SPAM POLICY, COMPANY SHALL NOT BE REQUIRED TO REFUND TO YOU ANY AMOUNTS BILLED TO YOU FOR THE BILLING PERIOD IN WHICH COMPANY SERVICES TERMINATE.

6. Payment Terms.

You agree to be billed for all recurring and one-time charges, including late charges, for any Canvas Dreams services ordered by You and any fees You owe to Canvas Dreams.

Charges are payable by Visa or Mastercard in monthly installments. Canvas Dreams will invoice You for the first installment once everything is set up to your satisfaction, and at regular intervals thereafter.

Charges for upgrading your current hosting package, or performing add-on requests, will not be billed until your next invoice.

Canvas Dreams will submit all invoices to You by email.

Payments are due within 30 days of receiving an invoice. Interest in the amount of 1.5% will be added to any outstanding invoices.

Payments can be scheduled automatically or paid by phone with using any Visa or Mastercard credit/debit card.

7. Taxes.

Canvas Dreams shall not be liable for any taxes and other governmental fees to be paid which are related to purchases made from You or from Canvas Dreams' server. You agree that You shall be fully responsible for all taxes and fees of any nature associated with products or services sold through the use of or with the aid of services provided to You by Canvas Dreams.

8. Materials and Products.

Any material and data You provide to company in connection with Canvas Dreams' services shall be in a condition that is in a form requiring no additional manipulation on the part of Canvas Dreams. Canvas Dreams shall make no effort to validate this material or data for content, correctness, or usability. Material or data that is not in this condition shall be a breach of this agreement.

Canvas Dreams may, in its sole discretion, reject material or data that You have placed on Canvas Dreams' servers or that You request Canvas Dreams put on Canvas Dreams' servers. Canvas Dreams agrees to notify You immediately of its refusal of the material or data and provide You with an opportunity to amend or modify the material or data to meet the requirements of Canvas Dreams. your failure to amend or modify the data or material as directed by Canvas Dreams within a reasonable time shall be a breach of this agreement.

9. Service Level Agreement, Remedies, and Exclusions.

Canvas Dreams agrees to provide guaranteed service to You under the terms of our Network Service Level Agreement.

10. Liability; No Warranty; Limitation of Damages.

YOU EXPRESSLY AGREE THAT USE OF CANVAS DREAMS' SERVICES IS AT YOUR SOLE RISK.

Canvas Dreams, its agents, affiliates, licensors or the like, do not represent or warrant, expressly or impliedly, that Canvas Dreams' services will not be interrupted or error free; neither do they make any warranty as to the results that may be obtained from the use of Canvas Dreams' services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through Canvas Dreams' services, unless otherwise expressly stated in this agreement.

Canvas Dreams, its officers, agents, or anyone else involved in providing Canvas Dreams' services shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use Canvas Dreams' services; or for any damages that result 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 Canvas Dreams' records, programs, or services.

Canvas Dreams will exercise no control over the content of the information passing through Canvas Dreams' network except those controls expressly provided herein.

Canvas Dreams makes no warranties or representations of any kind, express or implied, for the service it is providing. Canvas Dreams also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the You, including loss of data resulting from delays, non-deliveries, or service interruptions by any cause or due to your errors or omissions. Use of any information obtained by way of Canvas Dreams is to be used at your own risk, and Canvas Dreams specifically denies any responsibility for the accuracy or quality of information obtained through its services. Canvas Dreams expressly limits its damages for any non-accessibility time or other downtime to credit applied towards future invoices. Canvas Dreams expressly limits its responsibility for any damages arising as a consequence of such unavailability.

11. Patents, Copyrights, Trademarks, and Other Intellectual and Proprietary Rights.

Except for rights expressly granted herein, this agreement does not transfer any intellectual or other property or proprietary right to You. You agree that all right, title, and interest in any product or service provided to You is Canvas Dreams'. These products and services are only for your use in connection with Canvas Dreams' services provided to You as outlined in this agreement.

You expressly warrant to Canvas Dreams that You have the right to use any patented, copyrighted, or trademarked material which You use, post, or otherwise transfer to Canvas Dreams servers.

12. Hardware, Equipment, and Software.

You are responsible for and must provide all phones, phone services, computers, software, hardware, and other services necessary to access Canvas Dreams servers. Canvas Dreams makes no representations, warranties, or assurances that your equipment will be compatible with Canvas Dreams services.

13. Age.

You expressly represent and warrant that You and any person to whom You grant access to your Canvas Dreams account have reached the age of eighteen.

14. Indemnification.

You agree that You shall defend, indemnify, save, and hold Canvas Dreams harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys' fess, asserted against Canvas Dreams, its agents, 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 You, your agents, employees, or assigns.

You agree to defend, indemnify, and hold harmless Canvas Dreams against liabilities arising out of:

(i) any injury to person or property caused by any products sold or otherwise distributed in connection with Canvas Dreams services provided to You;

(ii) any material supplied by You infringing or allegedly infringing on the property or proprietary rights of a third party;

(iii) copyright infringement; and

(iv) any defective product which You sold or distributed by means of Canvas Dreams services.

You agree that the liability limit of Canvas Dreams shall in no event be greater than the aggregate dollar amount which You paid during the terms of this agreement, including any reasonable attorneys' fees and court costs.

15. Miscellaneous.

Governing Law; Jurisdiction; Forum.This agreement shall be governed by and construed in accordance with Scottish Law without regard to its conflicts of laws or principles.

Severability. In case any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this agreement, and this agreement shall be construed as if such provision(s) had never been contained herein, provided that such provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.

Waiver. No waiver by Canvas Dreams of any breach by You of any of the provisions of this agreement shall be deemed a waiver of any preceding or succeeding breach of this agreement. No such waiver shall be effective unless it is in writing and then only to the extent expressly set forth in such writing.

Entire agreement. This agreement, including Canvas Dreams Acceptable Use Policy, and Canvas Dreams No-Spam Policy, shall constitute the entire agreement between You and Canvas Dreams.

By paying for hosting service, you agree to the terms outlined in this document.