1st World Hosting agrees to furnish services to the "Subscriber," subject to the following TOS (Terms of Service).

Use of 1st World Hosting Services constitutes acceptance and agreement to both 1st World Hosting's TOS (Terms of Service) and 1st World Hosting's AUP (Acceptable Use Policy). The TOS and AUP may be changed from time to time at the discretion of the Company. Subscriber understands that changes to the TOS and / or the AUP by 1st World Hosting shall not be grounds for early contract termination or non-payment by the Subscriber.

1. Term:

Ongoing until thirty days written notice is given by either of the parties.

2. Service Cancellation:

A. 1st World Hosting does not issue refunds except for balances on quarterly and annual payments as specified below.

B. Service may be cancelled with 30 days notice.

C. All annual plans can be cancelled with the standard 30 days notice. Subscriber will be refunded the difference between what the Subscriber has paid and what the Subscriber would have paid under the 1st World Hosting monthly payment terms, including any setup fees that would have applied.

3. Fees:

A. 1st World Hosting does not extend credit to Subscribers. All services must be paid for in advance of service delivery. Subscribers will automatically be charged an amount equal to their next monthly service fees when they exceed their monthly transfer allotments, bandwidth commitments, or other pre-paid services and the charges will be reconciled at the end of the month.

B. Monthly fees and charges for extra metered services are automatically billed to your account on the monthly anniversary of the start of service. Subscriber is responsible for monitoring transfer, bandwidth utilization, and other metered services.

C. In order to prevent service interruption in the event that metered utilization exceeds pre-paid service level Subscribers must keep a valid credit card on file with 1st World Hosting.

D. Customers paying by credit card are charged the first business day prior to their account due date, allowing a minimum grace period of 48 hours after the first charge attempt before their service is interrupted. Charge attempts are made once per day. If a charge attempt is denied, there will be a $9.99 declined credit card fee for each unsuccessful attempt. It is the responsibility of the customer to maintain current billing information to prevent these fees. If a successful charge cannot be made upon final notice, service will be terminated pending customer response. Customers may reactivate their accounts within 3 business days after termination for a $49.99 fee.

E. All invoices are due upon receipt and will be considered overdue 10 days past the date received. A late fee of 1% per month will be charged on any overdue invoices.

F. All fees described above must be paid in addition to the cost of services ordered to establish or maintain a customer account. 1st World Hosting does not issue refunds or credits except as explicitly specified within the Terms of Service.

4. Adherence to Acceptable Use Policy (AUP):

A. Subscriber agrees not to allow 1st World Hosting equipment and services to be used for activities specifically prohibited by the 1st World Hosting Acceptable Use Policy (AUP) posted at http://www.1stworldhosting.com/aupolicy.php. It is the Subscriber's responsibility to review this agreement prior to executing this contract. The AUP may be updated from time to time and it is the Subscriber's responsibility to regularly check for updates.

Subscribers must not allow 1st World Hosting resources to be used for SPAM or Unsolicited Commercial Email (UCE), hosting of content advertised by UCE, perpetration of security breaches or hacking, network attacks, illegal activities, child pornography, fraudulent activity, Trademark or Copyright infringement, virus distribution, and like activities.

B. Subscriber agrees to compensate 1st World Hosting for any expenses 1st World Hosting may incur resulting from Subscriber's violation of the posted AUP, including any fines, fees, legal expenses, and labor for investigation and resolution. The cost of any investigations will be charged to the Customer at $99 per hour during normal business hours. Emergency investigations are charged double-time at $198 / hour with a one hour minimum.

C. Subscriber is responsible for any activity conducted on their server, including unauthorized activity by hackers. This includes any AUP violations or bandwidth or transfer usage caused by hackers. 1st World Hosting will endeavor to assist Subscriber but 1st World Hosting is not responsible for protecting Subscribers from hackers and their actions and use of Subscriber's server.

D. 1st World Hosting does not monitor Subscriber content and activities but reserves the right to disable service or remove content pending investigation of possible AUP violations without first giving notice.

E. 1st World Hosting does not issue refunds for terminating service due to suspected AUP violations.

5. Ownership of Data, Software, Hardware and IP addresses:

All software, hardware and IP addresses provided by 1st World Hosting are leased to the Subscriber and remain the property of 1st World Hosting. 1st World Hosting reserves the right to change any network infrastructure, software, hardware and IP addresses at its sole discretion.

Subscriber will provide and transmit to the system software, data and content to be uploaded to the servers and accessed by the general public via the Internet. Upon termination of this agreement, Subscriber agrees to remove all uploaded software, data and content prior to the termination date of the contract. 1st World Hosting will not be responsible for providing access or copies of the software, data or content stored on the system after the final termination date.

6. Service Levels:

A. 1st World Hosting may interrupt service to perform maintenance. 1st World Hosting will use its best efforts to inform Subscriber before interrupting service to insure that access loss is minimized. In the event of equipment malfunction or failure, 1st World Hosting will provide its best efforts to repair the system as quickly as possible.

B. Subscriber is responsible for maintaining security patches and performing back-ups unless those services are specifically contracted to 1st World Hosting. In the event that 1st World Hosting suspects that server security has been breached, 1st World Hosting reserves the right to disable the server in order to facilitate investigation and recovery in coordination with Subscriber.

C. Subscriber agrees that 1st World Hosting shall not be responsible for any service interruptions.

7. Limitation of Liability, Indemnification:

A. Upon the discovery of facts which reasonably indicate that 1st World Hosting has breached the terms of this agreement or otherwise failed to perform its obligations under this Agreement, been negligent, or otherwise breached legal duty, Subscriber shall promptly notify 1st World Hosting of such facts and follow up any such verbal notification with a written notice within 30 days of such discovery. The failure to give the foregoing notices shall constitute an irrevocable waiver of all claims and causes of action. Subscriber must commence any legal action against 1st World Hosting with respect to this Agreement within 12 months after the incident giving rise to the claim or cause of action, regardless of when the incident is discovered. If proper notification is given to 1st World Hosting as requested by Subscriber anytime during the twelve (12) month period following such notification, 1st World Hosting shall at its sole discretion and option (i) revise or repeat free of charge the service affected by the failure of performance, negligence or breach, or, (ii) terminate this Agreement and pay Subscriber for all incidents, problems, and/or failures up to a maximum of all sums paid to 1st World Hosting for service fees. Payment will be made via company check from 1st World Hosting. The remedies set forth in this paragraph are Subscriber's sole and exclusive remedies should 1st World Hosting breach the above express warranty or otherwise fail to perform its obligation under this Agreement, be negligent or in breach of legal duty.

B. The parties acknowledge and agree that 1st World Hosting shall not be held liable for any consequential damages, including without limitation loss of use or loss of profits, incurred by Subscriber, Subscriber's Subscriber or customer or its subsidiaries or successors, regardless of whether such damages are sustained based upon as alleged breach of contract, negligent act, or omission.

C. 1st World Hosting is not responsible for data or content maintained and distributed by 1st World Hosting facilities. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. 1st World Hosting DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. 1st World Hosting DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

8. Miscellaneous:

A. The parties agree that any and all disputes, claims or controversies arising out of or relating to this agreement that are not resolved by their mutual agreement shall be submitted to final and binding arbitration before the San Francisco, CA office of JAMS, or its successor, pursuant to the United States Arbitration Act, 9 U.S.C. Sec. 1 et seq. Either party may commence the arbitration process called for in this agreement by filing a written demand for arbitration with JAMS, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of JAMS' Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties will cooperate with JAMS and with one another in selecting an arbitrator from JAMS' panel of neutrals, and in scheduling the arbitration proceedings. The parties covenant that they will participate in the arbitration in good faith, and that they will share equally in its costs. The provisions of this Paragraph may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys fees, to be paid by the party against whom enforcement is ordered. Information on JAMS is available at www.jamsadr.com.

B. No delay, failure or discontinuance (whether partial or total) of any party in exercising any right, power, privilege or remedy thereunder shall effect or operate as a waiver or any other such right, power, privilege or remedy.

C. The agreement contains the sole and entire agreement of the parties with respect to the services to be provided by 1st World Hosting, and any and all prior or contemporaneous communications, negotiations, commitments, and understandings related thereto are hereby merged herein.

D. 1st World Hosting reserves the right to amend or otherwise change this agreement by publishing the updated terms of service agreement on the 1st World Hosting Web site at http://www.1stworldhosting.com/termsofservice. Subscriber may reject the revised agreement and cancel service with 30 days written notice if the amended terms are not acceptable to the Subscriber.

E. This Agreement shall be construed and enforced in accordance with the laws of the State of California, as applied to California residents with respect to transactions entered into and to be performed entirely within the State of California.

Subscriber has reviewed the current Acceptable Use Policy and this Terms of Service and Subscriber and 1st World Hosting hereby agree by making use of the 1st World Hosting service.