ACCORDIONS WORLDWIDE

Site Hosting and Linked Site

 HOSTING AGREEMENT
THIS AGREEMENT is made and entered between Accordions Worldwide, located at Nabukelevu-ira, Kadavu, Fiji, hereinafter referred to as AWW and the Customer, who wishes to use the services of AWW in accordance with AWW's standard application:

NOW THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. SERVICE DESCRIPTION:
As a World Wide Web service provider, AWW provides a dedicated server computer which is integrated into the Internet. This server computer shall send and receive information in relationship to the World Wide Web. The Customer wishes to connect to the World Wide Web utilising or with the hardware and the software resources of AWW to establish an Internet Web presence on a AWW server computer.

2. CONDITIONS:
The application and this Agreement constitute a binding contract between AWW and the Customer and does not extend to any other person or entity. The Customer may resell to third parties but is responsible for third party activities and content, and is bound by the terms under this Agreement. Cancellations after the application is received and web space is set-up will still hold the Customer responsible for costs incurred by AWW concerning the set-up of the web space.

3. WARRANTIES:
With respect to the service to be provided herein, the Customer acknowledges that AWW makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that AWW shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non deliveries, or service interruptions.

4. INFORMATION:
The utilisation of any data or information received by the Customer from the utilisation of the service to be provided by AWW is at the Customer's sole and absolute risk. AWW specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.

5. DOMAIN NAME:
If AWW shall acquire an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against AWW, for any loss, damage, claim or expense raising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by AWW for any reason.

6. SUITABILITY OF SITE MATERIAL:
The Customer warranties that no subject material on the internet site shall be of a such nature to be deemed unsuitable for young people of 15 years or less. If there should be any dispute concerning this clause, AWW shall be the sole decider of what shall be unsuitable, and any material deemed to be unsuitable must be removed immediately from the internet site.

7. CUSTOMER FTP CHANGES TO SITES PROVIDED BY AWW:
AWW will provide the necessary information to allow FTP access. No training shall be provided by AWW. The Customer agrees to notify AWW by email within 24 hours of any alteration that exceeds their contracted site space (MB or number of pages). The customer also agrees that they will not attempt to interfere in any way whatsoever with other files and folders within the AWW server computer that are not theirs.

8. CUSTOMER FTP CHANGES TO SITE:
The Customer agrees to notify AWW by email within 24 hours of any alteration that exceeds their contracted site space (MB or number of pages).

9. PAYMENT:
The set-up fee and first payment are due at the time the application is filled out, and returned to AWW. Subsequent payments are due according to the selected fee schedule following the establishment of the web space on the Internet. Web space will be billed in advance depending on the selected fee schedule. Subsequent payments are due as per the selected fee schedule. In the event that the Customer fails to pay for such services in advance, AWW shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made.

10. UNILATERAL SERVICE REVOCATION:
In the event that AWW may at any time believe that the service is being utilised for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, AWW may immediately discontinue such service to the Customer without liability.

11. INDEMNIFICATION:
The Customer shall indemnify and hold harmless AWW from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against AWW on the grounds that the web space content violates any copyright, proprietary right of any person, New Zealand laws, USA laws, or contains any matter that is libellous or scandalous.

12. CHANGES IN TERMS OF AGREEMENT:
AWW reserves the right to make changes to the terms and conditions of this Agreement upon thirty (30) days notice to the Customer, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilisation of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).

13. ENTIRE AGREEMENT AND UNDERSTANDING:
This instrument and the application for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.

14. GOVERNING LAW:
This Agreement shall be governed by the laws of Fiji. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto.