F5 / MVH Internet Services. ("F5Hosting") agrees to furnish services to the Subscriber, subject to the following Terms of Service (TOS).

Use of F5Hosting services and resources constitutes acceptance and agreement to F5Hosting's Terms Of Service & Acceptable Use Policy.

All provisions of contracts with F5Hosting are subject to the Terms Of Service (TOS) and Acceptable Use Policy (AUP). The Acceptable Use Policy (AUP) may be changed from time to time at the sole discretion of F5Hosting. Members understand that changes in the Acceptable Use Policy (AUP) are not grounds for non-payment or early contract termination.

1.      Disclosure
The subscriber gives F5Hosting consent to disclose any and all information relating to the subscriber to any law enforcement agent who makes a written request without further consent, or notification to the subscriber. In this event, F5Hosting reserves the right to terminate all services to this account without refund.

2.      Service Rates
The subscriber acknowledges that the nature of services, and initial rates and charges have been communicated, or made available to the subscriber. The subscriber is aware that F5Hosting may from time to time change the specified rates and charges. All offers are contingent on F5Hosting meeting its cost of service goals, which may include, but is not limited to rates charged to the company by the suppliers it uses.

3.      Payment
Establishment of services is dependent upon receipt by F5Hosting of stated charges. Subsequent payments are due on the anniversary date of the month, for the term of service, whether monthly, quarterly, semi-annually, or yearly. All services provided by F5Hosting are billed in Canadian currency (CAD) unless otherwise stated at time of purchase. Residents of Canada are subject to 5% GST on all purchases.

4.      Payments and Fees
Credit cards which are declined may be subject to a $5.00 declination fee. Services may be interrupted on any accounts which reach 30 days past due. Accounts interrupted as a result of non-payment will be subjected to a $50.00 reconnection fee.

5.      Refunds and Disputes
All payments to F5Hosting are non-refundable unless stated otherwise by F5Hosting at the time of the dispute. All disputes of charges must be reported within 30 days of the time the dispute occurred. If the subscriber disputes a charge to their credit card which is at F5Hosting's sole discretion a valid charge under the provisions of the Acceptable Use Policy (AUP) and/or Terms Of Service (TOS), the subscriber agrees to pay F5Hosting a $100.00 reversal fee.

6.      Failure to Pay
F5Hosting reserves the right to deny service, or terminate accounts upon the failure of the subscriber to pay charges when due. Termination or denial as a result of failure to pay will not relieve the subscriber from the payment of all accrued charges for services provided, plus reasonable interest and all collection fees. Should the subscriber fail to make satisfactory arrangements for payment with F5Hosting or its authorized agents within 60 days of default, the satisfaction of such arrangements to be determined at F5Hosting's sole and absolute discretion, F5Hosting will terminate all services to the subscribed and eliminate all power sources to the subscribers equipment on the 61st day of default, and in so doing, the subscriber's equipment will effectively become "stored" upon F5Hosting's premises as of that date, and the subscriber will be charged and agrees to pay a daily fee of $30.00 in lawful Canadian dollars for the storage of such equipment, in addition to any amount outstanding for service fees or charges in arrears. F5Hosting will have no obligation whatsoever to the subscriber for any loss which occurs with respect to the subscriber's equipment while stored upon F5Hosting's premises. F5Hosting reserves the right at any time after the initial 60 day default period, and in accordance with the provisions of the Repair and Storage Liens Act. R.S.O. 1990, to liquidate customer equipment, in whole or in part, in order to recover all outstanding accrued charges for storage, plus reasonable interest and all collection fees. Notwithstanding any amount recovered by F5Hosting for storage fees obtained through the liquidation of the subscriber's equipment, the subscriber will continue to be responsible for any outstanding amount owed for services provided by F5Hosting to the subscriber.

7.      Account Cancellation
All requests concerning account cancellations must be sent to F5Hosting with at least 15 days notice, but not more then 45 days notice. All account cancellations must be confirmed with F5Hosting. When requesting an account cancellation, the subscriber must have all information relating to their account on hand for verification.

8.      Availability of Services
The subscriber acknowledges that the service provided is of a nature that services may be interrupted for reasons other than negligence of F5Hosting. Any damages resulting from any interruption or degradation of services are difficult to ascertain. Therefore, the subscriber agrees that F5Hosting shall not be liable for damages arising from causes beyond the direct and exclusive control of F5Hosting. The subscriber also acknowledges that F5Hosting's liability for its own negligence may not in any event exceed the amount in equivalent charges payable by the subscriber for services during the period which damages occurred. In no event whatsoever shall F5Hosting be responsible or liable for any special or consequential damages, loss, or injury.

9.      Domain Related
All accounts involving the registration, or transfer of an existing domain name will be set up and entered into F5Hosting's DNS servers with 7 business days. Due to complications in domain transfer, some accounts involving the transfer of domains may take up to 60 days to process. If as a result of complications transfer of domain should take more then 7 days, and the subscriber cancels service before 60 days have incurred all charges will be considered valid and earned.

10.  Support Boundaries
F5Hosting reserves the right to limit its technical support to its area of expertise. F5Hosting provides support for issues which directly relate to servers, or virtual accounts functioning. Support issues relating to programming, development, or software related problems will be billed to the subscriber at an additional rate in 30 minute minimum intervals.

11.  SPAM
The subscriber acknowledges that F5Hosting defines "SPAM" e-mail as any and all bulk e-mail and Unsolicited Commercial E-mail, messages, or postings, etc. The subscriber understands that they may not transmit, assist in the transmission, encourage third parties to transmit, or permit hosting of sites or any information which is advertised by SPAM from other networks or services. The subscriber acknowledges that they are responsible for any and all SPAM related actions which come from their account.

12.  Internet Protocol (IP) Address Ownership
All Internet Protocol (IP) addresses which are assigned to subscribers belong only to F5Hosting. Subscribers shall have no right to use Internet Protocol (IP) addresses except as permitted and assigned by F5Hosting in its sole discretion. F5Hosting shall maintain control and ownership of all Internet Protocol (IP) addresses which it assigns, and reserves the right to modify, or remove any and all Internet Protocol (IP) addresses it assigns.

13.  Bandwidth/Disk
The subscriber agrees that should they exceed allocated disk space or bandwidth, they shall pay F5Hosting the respective "overage" charges which have been communicated, and/or made available to the subscriber. F5Hosting reserves the right to deny additional disk space, or bandwidth usage which it deems to be unreasonable and the subscriber is aware that corrective action may be taken as a result, which may include discontinuance of any/all services, or termination of any/all services. The subscriber is aware that any corrective action taken as a result of the subscriber exceeding their allocated resources shall not entitle the subscriber to a refund of any fees paid in advance prior to such corrective action.

14.  Offensive Materials
F5Hosting reserves the right to remove any and all materials which are deemed to be offensive by F5Hosting. The subscriber is aware that F5Hosting may delete, disconnect, or terminate any services, resources, or accounts on which the offensive materials are located, or connected to. The subscriber is aware that should F5Hosting choose to take any action relating to materials or content which F5Hosting deems as offensive shall not entitle the subscriber to a refund of any form.

15.  Violation of Terms Of Service/Acceptable Use Policy
F5Hosting is under no obligation to monitor its subscribers activities to determine whether violations of their Acceptable Use Policy (AUP) have occurred. F5Hosting assumes no responsibility though its Acceptable Use Policy (AUP) to monitor or 'police' Internet-related activities. The subscriber is aware that F5Hosting shall deal with each violation of the Acceptable Use Policy (AUP) and/or all other issues on a case-by-case basis, and is aware that F5Hosting is under no obligation to provide "warnings" under any circumstances. F5Hosting may choose to "warn" subscribers F5Hosting feels that the subscriber may be breaking the Acceptable Use Policy (AUP).

16.  Appearance and Network Protection
F5Hosting reserves the right to protect its network, resources, and services from influences which threaten to disrupt, or degrade F5Hosting's network, resources, or services. The subscriber is aware that F5Hosting may firewall, drop, or disable Internet Protocol (IP) addresses which may cause harm to F5Hosting's resources, services, or appearance. This may include, but is not limited to: subscribers who project a negative appearance of themselves or of F5Hosting, subscribers who attract, have attracted, or may attract Denial of Service (DoS) attacks, subscribers who are suspected of using F5Hosting's services to SPAM, or Subscribers who are running insecure, or inappropriate services such as open proxies/relays.

17.  Service Cancellation/Suspension
F5Hosting reserves the right to cancel or suspend any subscribers service which F5Hosting feels may be the target, or source of any violations of the Acceptable Use Policy (AUP), or for any other reasons F5Hosting chooses. If inappropriate activity is suspected, all accounts relating to the subscriber in question may be disabled for the duration of F5Hosting's investigation. F5Hosting will is under no obligation to refund, or credit the subscribers account(s) for such service interruptions.

18.  Indemnification
The subscriber indemnifies F5Hosting for any violation of the Acceptable Use Policy (AUP) and Terms Of Service (TOS) that results in loss to F5Hosting, or the bringing of any claim against F5Hosting by any third-party. If any damages are awarded against F5Hosting as a result of the subscribers negligence, or a user on their systems, the subscriber agrees to pay any and all damages awarded against F5Hosting, and all attorneys fees.

19.  Waiver
The subscriber understands that should F5Hosting choose to give the subscriber a waiver for any breach of the Acceptable Use Policy (AUP), it shall not be used, or be constructed to be a waiver for continuing or subsequent breaches of the Acceptable Use Policy (AUP), or as a waiver for any other breaches of the Acceptable Use Policy (AUP).

20.  Transfer of Ownership
The subscriber shall not transfer, or assign this agreement without the prior written consent of F5Hosting. F5Hosting reserves the right to cancel customers rights under this contract at anytime without further obligation.

21.  Damages
F5Hosting is not responsible for any damages which may damage the subscribers business. F5Hosting does not make any written or implied warranties for any services it may offer. F5Hosting denies any warranty or merchantability for any specific purpose. This may include, but is not limited to loss of data resulting in delays, incorrect deliveries, non-deliveries, any and all service interruptions caused by F5Hosting.

22.  Content
The subscriber acknowledges that they are solely responsible for the content stored on, or transferred through F5Hosting's services and/or resources.

23.  Personal Information
The subscriber grants F5Hosting consent to collect, and/or store personal information relating to the subscriber. This may include, but is not limited to credit history, credit card information, and information relating to the subscribers online activities. The subscriber is aware that F5Hosting may choose to store specific billing information relating to the subscriber such as, but not limited to credit card numbers, and additional information for the convenience of automatic billing. The subscriber consents F5Hosting to automatically bill the subscriber for all recurring services, and/or additional charges, expenses, or penalties.