Two Roads Mediaf, Inc. - Houston web design, web development, internet solutions

CUSTOMER SERVICE AGREEMENT

This is an agreement between you and Two Roads Media, Inc. regarding your use of Two Roads Media, Inc.'s computer, interactive information, communication and server management service. This Agreement governs the terms and conditions under which Two Roads Media, Inc. makes the services offered by Two Roads Media, Inc. available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the " Two Roads Media, Inc. " web hosting or similar services. Under this Agreement, you must comply with Two Roads Media, Inc.'s then current "Acceptable Use Policy," as updated from time to time by Two Roads Media, Inc., which can be viewed at : http://www.tworoadsmedia.com/aup.html

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

1. Two Roads Media, Inc. will host an account for you, the purchaser (hereafter referred to as the Account Holder), for the Account Holder's chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated. We require notification of non-renewal with at least 30 days notice but not more than 60 days prior to the renewal date. You must have all account information to cancel and . If you do not provide this notice, you will be charged for the next term's rate.

2. Two Roads Media, Inc.'s services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Two Roads Media, Inc. expressly disclaims any representation or warranty that the Two Roads Media, Inc. services will be error-free, secure or uninterrupted. No oral advice or written information given by Two Roads Media, Inc., its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.

3. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by Two Roads Media, Inc., with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Two Roads Media, Inc. based upon the severity of the violation. Two Roads Media, Inc. reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of Two Roads Media, Inc.'s then current Acceptable Use Policy, in the sole and absolute opinion of Two Roads Media, Inc.. Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless Two Roads Media, Inc. from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by Two Roads Media, Inc., (collectively, Claims) related to or in connection with the content of the Account Holder's website. The terms of this Section will survive any termination of this Agreement.

4. Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that Two Roads Media, Inc. reserves the right to change the specified rates and charges from time to time.

5. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. Two Roads Media, Inc. will not change passwords to any account without proof of identification, which is satisfactory to Two Roads Media, Inc., which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that Two Roads Media, Inc. will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Two Roads Media, Inc. be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless Two Roads Media, Inc. from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.

6. The Account Holder agrees not to harm Two Roads Media, Inc., its reputation, computer systems, programming and/or other persons using Two Roads Media, Inc.'s services. Two Roads Media, Inc. reserves the right to select the server for Account Holder's website for best performance. The Account Holder understands that the services provided by Two Roads Media, Inc. are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder's website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate it's website. Two Roads Media, Inc. will refund any unused portion of prepaid services. If the Account Holder refuses to comply with this Section, then Two Roads Media, Inc. has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless Two Roads Media, Inc. and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by Two Roads Media, Inc. The terms of this Section will survive any termination of this Agreement.

7. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Two Roads Media, Inc..

8. If the Account Holder sells or resells advertising or web space to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. Two Roads Media, Inc. has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Two Roads Media, Inc. Acceptable Use Policy. The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by Two Roads Media, Inc., Two Roads Media, Inc. may terminate the services being provided to the Account Holder.

9. Two Roads Media, Inc. will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Two Roads Media, Inc. be liable to the Account Holder for any damages resulting from or related to any failure or delay of Two Roads Media, Inc. in providing access to the Internet under this Agreement. In no event shall Two Roads Media, Inc. be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Two Roads Media, Inc. under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.

10. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Two Roads Media, Inc. account may not be transferred without prior written approval from Two Roads Media, Inc.. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of the Two Roads Media, Inc. services, including any damages resulting therefrom, until the Account Holder notifies Two Roads Media, Inc.'s customer service.

11. If Two Roads Media, Inc. assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the Two Roads Media, Inc. services, the right to use that Internet Protocol address will remain with and belong only to Two Roads Media, Inc., and the Account Holder will have no right to use that Internet Protocol address except as allowed by Two Roads Media, Inc. in its sole and absolute discretion.

12. This Agreement constitutes the entire agreement between the Account Holder and Two Roads Media, Inc. with respect to the Two Roads Media, Inc. services and supersedes all prior agreements between the Account Holder and Two Roads Media, Inc.. Two Roads Media, Inc.'s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.

13. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in Harris County, Houston, Texas. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.

14. The Account Holder agrees to indemnify and hold Two Roads Media, Inc. harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and Two Roads Media, Inc. will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.

15. Two Roads Media, Inc. may include the Account Holder's name and contact information in directories of Two Roads Media, Inc. service subscribers for the purpose promoting the use of the services by additional potential clients. However, Two Roads Media, Inc. is not authorized to print the Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.

16. The interpretation and enforcement of this Agreement shall be governed according the laws of the state of Texas (excluding its choice of law rules) and the federal laws of United States applicable therein. The Account Holder hereby consents to personal jurisdiction in the federal and provincial courts of Harris County, Houston, Texas for any action arising out of or relating to the Account Holder's use of the Two Roads Media, Inc. services. The federal and provincial courts of Harris County, Houston, Texas will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this Agreement.

17. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.

18. Because the Internet is a global communication tool, and we have clients throughout the world it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why Two Roads Media, Inc. has been forced to create its no adult sites policy for its virtual server users.

19. All accounts and services provided by Two Roads Media, Inc. are subject to the current tax rate as imposed by Houston, Texas which is currently 8.25%. 100% of the monthly service charge is subject to the 8.25% tax rate. 100% of the setup fee (if applicable) is subject to the 8.25% tax rate. The above applies to all accounts and services provided by Two Roads Media, Inc. Hosting.

20. Two Roads Media, Inc. may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

What does Two Roads Media, Inc. consider "Adult Material?"

Any site whose revenue is gained in part or whole from its adult content.
Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.

Revenue-generating hyperlinks to sites who violate policy #1.

Why does Two Roads Media, Inc. have this policy?

Bandwidth and Resources:

A virtual server is a shared environment where many servers reside on each particular machine. This being said, consider that an average "adult site" gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. In addition, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our servers fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.

Two Roads Media, Inc. reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order.

If you have any questions regarding this agreement, please .