This Services Agreement ("Agreement") between you ("you", "your" or "Customer") and Domain Direct, a division of Tucows.com Co. ("Domain Direct") sets forth the terms and conditions of your use of the services set forth herein (collectively, the "Services").

I. DOMAIN NAME REGISTRATION SERVICES

You will be charged the initial registration account fee (as posted on www.domaindirect.com) to Tucows (Domain Direct) as soon as the Domain Name Registration Application has been submitted.

By submitting a domain name registration application, you agree to be bound by these terms and conditions and the Registration Agreement as found at http://domaindirect.com/agreement.html.

All fees paid to Tucows (Domain Direct) are non-refundable and non-transferable.

Spam Policy. We reserve the right to revoke without refund any domain name services, which, in our judgment, has been used for any unlawful purpose, including theft of email service, or as a source of unsolicited bulk email or as an address to use for replying to unsolicited bulk email. This also applies to advertising (spamvertizing) your domain name web site URL in an unsolicited email. This policy also applies to Usenet Spam (off-topic, bulk posting/cross-posting, advertising in non-commercial newsgroups, etc.). This will not apply to email return addresses used without the owner's knowledge or consent.

Domain Forwarding. Domain Forwarding and Subdomain Forwarding can only function with HTTP redirection. For example, ftp.yourdomain.com cannot be set up to redirect FTP. Secure (i.e. HTTPS) redirection is not available. The subdomains admin.yourdomain.com and mail.yourdomain.com will be automatically set up, and the forwarding of these domains cannot be changed. The subdomain ftp.yourdomain.com will also be set up for Advanced Hosting Accounts. Undefined subdomains will forward to the standard Domain Direct Under Construction page.

A domain name can only be modified/transferred by one of the contacts listed under the registered domain name. At the time of registration, the information you have provided will appear in the "WHOIS" as the Registrant of the domain name. Domain Direct's contact information will appear in the administrative, billing and technical contact fields. The information regarding these contact persons that you include in your application to register a domain name will be maintained in Domain Direct's records. You may make changes to the WHOIS, including revisions to the administrative, billing and technical contact fields at any time following registration.

II. WEB HOSTING TERMS OF SERVICE

Service Packages

Web Hosting Services are accessed through your designated account. Domain Direct offers two types of web hosting packages:

1. Advanced Hosting Accounts: Details of this package may be found at www.domaindirect.com/hosting.html.
2. Web Identity Account: Details of this package may be found at www.domaindirect.com/web.html.

The Service package you have selected was identified by you at the time you placed your order for the web hosting Service.

Virtual Hosting will be active approximately 24 hours after the negotiation of your domain name initialization process begins. This includes DNS Support and Web Hosting Support.

Advanced Hosting Accounts

The following terms apply to applicants signing up for "Advanced Hosting Accounts" as defined on http://www.domaindirect.com/hosting.html.

1. Domain Direct shall not be liable, directly or indirectly, to anyone for any damage or loss arising from or occasioned by the creation, use or reliance, on the third parties' web sites or the information, advertising, products, resources or material accessed through these web sites. Domain Direct reserves the exclusive right in its sole discretion to add, decline or remove, without warning, any icon or link to a web site.
2. You may use ftp to access your home directory for the purpose of installing and editing your web pages as often as necessary.
3. If the disk usage or transfer limit of a hosted package is exceeded, the user's account will be charged for extra bandwidth or disk space according to our present pricing policy. Warning messages will be emailed to users as they exceed 80% and 90% of their package's respective bandwidth and disk space limits. Annual accounts that incur extra usage charges will be invoiced separately. If payment for extra usage is not received within two weeks of the invoice date, the expiry date of the account will be adjusted according to the amount outstanding.

Web Identity Account

The following terms apply to applicants signing up for the "Web Identity Account" types:

1. THE INFORMATION ON DOMAIN DIRECT WEB HOSTING SERVICE MAY INCLUDE INAPPROPRIATE MATERIAL. BY ENTERING OR USING DOMAIN DIRECT SITES YOU UNDERTAKE FULL RESPONSIBILITY TO: (A) DETERMINE WHETHER THE INFORMATION COMPLIES WITH YOUR NEEDS (B) DETERMINE WHETHER YOU HAVE ADEQUATE LEGAL RIGHTS TO STORE, REPRODUCE OR OTHERWISE USE THE INFORMATION IN ANY MANNER CONTEMPLATED BY YOU AND (C) COMPLY WITH ANY LEGAL OBLIGATIONS, INCLUDING WITHOUT LIMITATION OBLIGATIONS IMPOSED BY COPYRIGHT, TRADE SECRET, DEFAMATION, INDECENCY, ONLINE CONDUCT AND ACCEPTABLE CONTENT, PRIVACY AND EXPORT LAWS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ENTER OR USE DOMAIN DIRECT WEB HOSTING SERVICE.
2. Miscellaneous. Domain Direct reserves the right in its sole discretion to (a) make improvements, corrections, adaptations, conversions and/or any other change in Domain Direct Sites and to any part thereof and/or to revise or modify these Terms of Service; (b) change, limit, terminate, remove or cease to provide at any time, temporarily or permanently, Domain Direct Sites or any part thereof, to all users or any number thereof including without limitation the use of or access to Domain Direct Sites, granted to you or to any other user, at any time, without notice, for any reason or no reason; (c) take and keep for itself, limit, terminate, cease to provide, or cause a user to surrender any and all subdomains within Domain Direct Sites; (d) refrain from publishing on this site and delete or remove from Domain Direct Sites, at its sole discretion, any web page or information or material provided for display, posted, uploaded or transmitted by any user or any part thereof; (e) establish a new operating and usage policy for Domain Direct Sites and change it at any time for any reason or no reason; and (f) cancel, change, hold, de-list, introduce different options and features to different users or refrain from publishing Domain Direct numbers or any other details of the users using Domain Direct Sites, at any time.
3. These Terms of Service do not grant to you or any other user any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of Domain Direct.
4. Terms of Registration. Domain Direct reserves the right to delete any web page or web site uploaded, posted or displayed by you or any other user, at any time, without prior notice, for any reason or no reason. Domain Direct may terminate, at its own discretion, any account, including without limitation, any or all related information, communications, postings, web pages or web sites, at any time, without notice, for any reason or no reason, including without limitation for conduct that violates local, state or federal laws or regulations or these Terms of Service, or material that Domain Direct, in its sole discretion believes is harmful to others, the business of Domain Direct or other third party information or service providers.
5. Third Party Links. Some portions of the Domain Direct web hosting or users' web sites available on or through Domain Direct web hosting may include links to third party sites. These links allow you to exit these web sites and enter third party or other users web sites. These links are provided only as a convenience. The linked web sites are not reviewed, controlled or examined by Domain Direct and Domain Direct is not responsible for the information, advertising, products, resources or other material, of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement of the linked site by Domain Direct.

III. GENERAL TERMS OF SERVICE

Payment Policies

1. You will be charged the initial registration account fee (as posted on www.domaindirect.com) to Tucows (Domain Direct) as soon as the Domain Name Registration Application has been submitted.
2. All fees are non-refundable.
3. Chargeback Policy. In the event of a disputed credit card charge resulting in a chargeback, Domain Direct reserves the right to suspend all Service(s) until your account is paid in full.
4. Domain Direct will only accept credit card payment.

Acceptable Use

1. Acceptable Use. All use of the Services must be in accordance with Domain Direct's Acceptable Use Policy.
2. Responsibility for Minors. In cases where you have authorized a minor access to or use of any of the Services, you accept full responsibility for (i) the online conduct of such minor; (ii) controlling the minor's access to and use of any Services and (iii) the consequences of acts or omissions of said minor. You acknowledge that some areas of the Internet may contain material that is inappropriate for minors.
3. Monitoring. You acknowledge that Domain Direct has no obligation to monitor the Services or any content produced or transmitted through or by a Service. Notwithstanding the foregoing, you agree that Domain Direct may monitor the Services electronically from time to time and may disclose any information as may be necessary to satisfy any law, regulation or governing authority's policies.
4. Modifications to Agreement. You acknowledge that the practice of providing internet services is constantly evolving; therefore, you agree that Domain Direct may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with its agreements with ICANN, a registry, a third party provider or any other entity or individual, as well as to adjust to changing circumstances. Your continued use of the Service(s) will constitute your acceptance of this Agreement with any revisions. If you do not agree to any change, you may request that your Service be cancelled. In the case of a domain name registration, you may request that a registration be cancelled or transferred to a different accredited registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any change to this Agreement, or any other related and/or applicable agreement.
5. Modifications to Your Account. In order to change any of your account information with us, you must use the Account Identifier and Password that you selected when you opened your account with us. You agree to safeguard your Account Identifier and Password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your Account Identifier or Password.
6. Announcements. We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.
7. Limitation of Liability. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amounts you have paid until the date of the alleged breach. Domain Direct and its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the applicable registries shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to:
   1. loss or liability resulting from access delays or access interruptions;
   2. loss or liability resulting from data non-delivery or data mis-delivery;
   3. loss or liability resulting from acts of God;
   4. loss or liability resulting from the unauthorized use or misuse of your account identifier or password;
   5. loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
   6. loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
   IN NO EVENT SHALL DOMAIN DIRECT BE LIABLE TO ANY PARTY FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO DOMAIN DIRECT SITES OR THE INFORMATION OR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF INFORMATION AVAILABLE ON OR THROUGH DOMAIN DIRECT SITES.

   YOU EXPRESSLY AGREE THAT DOMAIN DIRECT SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OF DATA, NOR SHALL DOMAIN DIRECT BE REQUIRED TO RETURN ANY LOST DATA, RESULTING FROM THE SUSPENSION OR DELETION OF USER WEB SITES OR WEB SITES, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR ANY OTHER REASONS. DOMAIN DIRECT URGES YOU TO MAINTAIN BACKUP VERSIONS OF YOUR WEB SITES ON YOUR COMPUTER TO GUARD AGAINST LOSSES OF ANY KIND.

8. Indemnity. You agree to release, indemnify, and hold Domain Direct, Tucows, its contractors, agents, employees, officers, directors and affiliates, third party providers, ICANN, the applicable registries and their respective directors, officers, employees, agents and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties arising out of or relating to the registration or use of the domain name registered in your name including without limitation infringement by you or a third party with access to your Account Identifier and Password. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in the suspension or cancellation of any or all Service(s). This indemnification obligation will survive the termination or expiration of this Agreement.
9. Breach. You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete your account and any Services, including but not limited to the registration or reservation of your domain name. Notwithstanding the foregoing, you acknowledge and agree that Domain Direct may suspend or cancel your access to a Service if it believes that you have acted in contravention of its Acceptable Use Policy. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.
10. Disclaimer of Warranties. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

    DOMAIN DIRECT MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE INFORMATION AVAILABLE ON OR THROUGH DOMAIN DIRECT WEB HOSTING, INCLUDING BUT NOT LIMITED TO USER CREATED SITES, FOR ANY PURPOSE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. ALL SUCH INFORMATION ON THE USER CREATED SITES IS PROVIDED BY THE USERS. THE INFORMATION AVAILABLE ON OR THROUGH DOMAIN DIRECT SITES USER CREATED SITES IS NOT REVIEWED, CONTROLLED OR EXAMINED BY DOMAIN DIRECT IN ANY WAY BEFORE IT APPEARS ON DOMAIN DIRECT WEB HOSTING. DOMAIN DIRECT DOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH INFORMATION. USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF THEIR WEB SITES AND MAY BE HELD LEGALLY LIABLE OR ACCOUNTABLE FOR THE CONTENTS OF THEIR WEB SITES (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PARTY).

    DOMAIN DIRECT DOES NOT WARRANT OR GUARANTEE: (A) THAT ANY INFORMATION AVAILABLE ON OR THROUGH DOMAIN DIRECT WEB HOSTING WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; (B) THAT THE INFORMATION AVAILABLE ON OR THROUGH DOMAIN DIRECT WEB HOSTING WILL NOT CONTAIN ADULT-ORIENTED MATERIAL, OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (C) THAT THE FUNCTIONS OR SERVICES PERFORMED BY DOMAIN DIRECT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN DOMAIN DIRECT SITES WILL BE CORRECTED. IT IS THE SOLE RESPONSIBILITY OF THE USER TO ISOLATE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR INFORMATION, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE USER'S INFORMATION OR SYSTEM.

11. Non-waiver. Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
12. Notices. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when an electronic confirmation of delivery has been obtained by the sender. Email notification to Tucows must be sent to lhutz@tucows.com. Any notice to you will be sent to the e-mail address provided by you in your WHOIS record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given five (5) business days after the date of mailing Postal notices to Tucows shall be sent to:

    Tucows.com Co.
    Registrant Affairs Office
    96 Mowat Avenue
    Toronto, Ontario M6K 3M1 CANADA
    Attention: Legal Affairs
    

    and in the case of notification to you shall be sent to the address specified in the "Administrative Contact" in your WHOIS record.
13. Governing Law. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
14. Infancy. You attest that YOU are of legal age to enter into this Agreement.
15. Force Majeure. You acknowledge and agree that neither we nor the applicable registry shall be responsible for any failures or delays in performing our respective obligations hereunder arising from any cause beyond our reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.
16. Privacy. Information collected about you is subject to the terms of Tucows' privacy policy, the terms of which are hereby incorporated by reference. Tucows' privacy policy can be found at: http://www.tucows.com/privacy.html.

IV. ACCEPTABLE USE POLICY

1. User Conduct. You understand that all information, data, text, files, links, software, chat, content, music, sound, photographs, graphics, images, video, communication, messages or other materials and terms of expression (collectively "Information"), whether publicly posted or privately transmitted, are the sole responsibility of the user generating same. This means that you are responsible and may be held legally liable for all Information that you upload, post or otherwise transmit. For example, you shall not:
   1. Transmit upload or post any Information that is offensive, vulgar, sexually explicit, racial, hateful, discriminatory, unlawful, invasive of another's privacy, exploitative of a minor, identifiable information pertaining to a minor, information or instructions concerning illegal activities, information that is harmful, threatening, abusive, harassing, defamatory, libelous, obscene, or otherwise objectionable;
   2. Harass, threaten, abuse, defame, embarrass or cause distress or discomfort to another;
   3. Transmit upload or post any Information that you are prohibited from transmitting by any law, including without limitation Information that infringes any patent, trademark, trade secret, copyright or other proprietary right;
   4. Transmit, upload or post any Information that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   5. Disrupt the normal flow of information available on or through Domain Direct Sites or otherwise act in a manner that negatively affects other participants or users, transmit, upload or post hidden pages or images, interfere with or disrupt the functionality of Domain Direct Web Hosting or the Domain Direct servers or networks, or violate any requirements, procedures, policies or regulations of networks connected to Domain Direct, the Domain Direct network, servers, directories, databases and listings;
   6. Transmit, upload or post any unsolicited advertising, promotional materials, or any other forms of solicitation;
   7. Intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
   8. Impersonate in any way, including without limitation by way of forging headers or otherwise manipulating identifiers, any person, entity, leader, operator or host;
   9. Collect or store personal data about other users in any way or form or solicit or harvest passwords or screen names;
   10. Use your allocated storage space on Domain Direct Web Hosting as storage for remote loading of information, or rent, sub-lease or transfer your allocated space on Domain Direct Sites to any third party; or
   11. Link your web site on Domain Direct Web Hosting to information not allowed on Domain Direct Web Hosting under these Terms of Service.
2. Monitoring. Domain Direct does not control, actively monitor or review the Information uploaded, posted, transmitted or made available on or through Domain Direct Web Hosting and shall not be responsible for any Information and does not guarantee the accuracy, integrity or quality of such Information. You understand that by using Domain Direct Web Hosting, you may be exposed to Information that is offensive, indecent or objectionable.
3. Information Posted. By transmitting, uploading, posting or submitting any Information to Domain Direct Web Hosting you (a) declare such Information is not confidential, secret or proprietary information; (b) warrant that no other party has rights to the Information and that your transmission, posting, uploading or submission of the Information to Domain Direct Web Hosting does not violate any copyright or other laws; and (c) irrevocably grant Domain Direct, a worldwide, royalty free, non-exclusive perpetual, worldwide license to use, display, perform, distribute, modify, reproduce and publish the Information in any form anywhere.
4. Domain Direct's Web Hosting System may only be used for lawful purposes. Transmission of any material in violation of any Federal, Provincial or local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.
5. Spam Policy. We reserve the right, to revoke without refund any Services, which, in our judgment, have been used for any unlawful purpose, including theft of email service, or as a source of unsolicited bulk email or as an address to use for replying to unsolicited bulk email. This also applies to advertising (spamvertizing) your domain name website URL in an unsolicited email. This policy also applies to Usenet Spam (off-topic, bulk posting/cross-posting, advertising in non-commercial newsgroups, etc.). This will not apply to email return addresses used without the owner's knowledge or consent, however.
6. You must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Information available on or through Domain Direct web hosting. Domain Direct shall not be obligated to actively monitor, review, or otherwise control in any manner, the Information users post, upload or transmit through Domain Direct web hosting. However, Domain Direct reserves the right but not the obligation, in its sole discretion, to refuse or remove any Information available on or through Domain Direct web hosting. Without limiting the foregoing, Domain Direct shall have the right to remove any Information that violates these Terms of Service or is otherwise objectionable in Domain Direct's sole opinion.
7. We have the right to refuse to host adult content and to remove it from our servers at any time. Further, you are not permitted to distribute material promoting hatred against individuals or groups or any content which may be deemed to be illegal according to the laws of your country of residence. We reserve the right to decline requests for web space rentals and to cancel any account at our discretion. You are also not permitted to distribute material promoting any form of network abuse (such as bulk spam mailers, sniffers, or hacking tools).
8. Without prior notification, Domain Direct reserves the right to suspend or terminate accounts, remove or modify any files which are deemed to be a threat to the functionality or existence of Domain Direct's Web Hosting System.

V. SERVICE LEVEL AGREEMENT

Network Uptime Guarantee for Advanced Hosting Accounts

Service Uptime. Domain Direct's target uptime for the Service is 99.9% of the time in every calendar month. Domain Direct also guarantees that the hosting service for Advanced Hosting Accounts (Starter Hosting Account, Standard Hosting Account, Professional Hosting Account) will be available and function for a minimum of 99.9% of the time, not including scheduled maintenance windows. Domain Direct's multi-redundant network architecture permits operation without service degradation or Customer interruption in the case of maintenance or equipment failure.

Domain Direct will use commercially reasonable efforts to meet or exceed service levels. If Domain Direct fails to meet the foregoing 99.9% service levels set out below in a rolling two month period, then Customer will be entitled to receive a credit for such outage in accordance with the schedule below. Customer will be entitled to deduct said credit for such amounts otherwise payable to Domain Direct hereunder, calculated in accordance with the table below for each month (computed by reference to a 31 day month), if more than 20% of the Customer users are affected. If the actual availability for any three-month period is less than 98.00%, Customer will have the right to terminate this Agreement for breach of contract.

Maintenance Services. Domain Direct will provide maintenance as long as this agreement is in effect without charge. Maintenance windows are scheduled at times which least impact our Customers based on minimal overall activity on the Domain Direct web hosting systems which may vary from month to month.

Notwithstanding the preceding, Domain Direct reserves the right, in its reasonable discretion, to perform any emergency work outside of any Maintenance Windows in order to keep the Domain Direct System functioning in accordance with appropriate Service Levels. If advance notice has been provided, periods of time the Service is unavailable during Emergency maintenance windows will not be included in calculating the service levels actually achieved. Software and hardware failures resulting from a third party intrusion (i.e. denial of service attacks) are excluded from the uptime guarantee. Private label DNS (domain name servers) require 3 DNS entries, the third of which is Domain Direct's generic DNS. Domain Direct also does not provide any service guarantees for Microsoft Access, ASP or Cold Fusion. Website or email services downtime resulting from misuse by the Customer's end users will not be recorded as downtime when calculating credits.

Credits for affected websites must be applied for within 60 days of the occurrence of the problem. Domain Direct's Technical Services will be responsible for problem investigation and will provide a written response to the Customer explaining the results of their investigation. In the event there is a dispute of findings, Domain Direct reserves the right to make the final decision on whether credits will be provided to the Customer.

COLDFUSION - ASP

Please note Coldfusion (.cfm) and ASP (.asp) services are hosted on a closed source platform.

The 99.9% guarantee does not apply for these services.

ACCESS DATABASES

Access is not designed for, nor recommended for use on busy websites. Due to this, we cannot guarantee performance for websites which make use of Access databases. We recommend using MySQL or MS-SQL for increased performance and reliability.