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Friday, July 30, 2010
Tweaked Solutions Inc. - Service Contract

     This agreement is between Tweaked Solutions Inc. ("Tweaked Solutions"), a Corporation existing under the laws of the Province of Ontario with offices at 7856 Fifth Line South, RR4, Milton, Ontario, L9T2X8, and the Customer (as signed above) to provide World Wide Web (WWW) hosting on Tweaked Solutions’s WWW servers.

     This agreement covers World Wide Web (WWW) and/or FTP hosting services by Tweaked Solutions, for the Customer only, and does not extend rights to any other party on behalf of the Customer. It is the responsibility and liability of the Customer to protect their user account(s) and password(s) information and should not disclose it to any other party.

     The use of Tweaked Solutions Internet shared resources is solely for the purpose of Web hosting and does not extend its usage for any other purposes. Use of this account for purposes such as unauthorized access of data, or the presentation and transfer of material considered illegal by the United States or international laws is strictly prohibited. The Customer agrees to indemnify and hold Tweaked Solutions harmless from any claims resulting from the Customer’s use of the agreed WWW services that damage either the Customer or another party or parties.

     Tweaked Solutions reserves the right to remove from Customer’s account any material which violates any applicable Federal, Provincial, Common, International laws or regulations or Tweaked Solutions Acceptable Use policy. Tweaked Solutions reserves the right to modify the Acceptable Use policy at any time, effective upon posting of the modified Policy to the URL http://www.tweakedsolutions.com/policies/aup.php.

     Tweaked Solutions will provide the hardware, software, and system administration necessary for World Wide Web access to Customer’s Internet site. Customer understands and agrees that Tweaked Solutions will make every effort to provide access to Customer’s WWW-site 24-hours a day. Occasionally, however, access may be suspended due to hardware or software maintenance, upgrades and outages by our up-stream providers.

     Tweaked Solutions will create regular backups of Customer information residing on our WWW servers. We are not responsible, however, for any Customer data lost or corrupted. It is recommended that Customer maintain a backup copy of his/hers WWW material hosted on Tweaked Solutions servers.

     Tweaked Solutions will provide one Universal Resource Locator (URL) address for each hosting account, in the form www.YourNameChoice.extension Tweaked Solutions will register such name with InterNIC and maintain domain service for that domain name. Customer understands that all Internet domain name regulations and policies are set by InterNIC, and Tweaked Solutions is not responsible for resolving domain name disputes or domain name associated issues. Customer understands that the setup fee for domain name accounts includes InterNIC registration fees for one year unless otherwise stated. Each domain name fee covers the setup, registration, and maintenance of one domain name. The domain name registration fees are subject to change by InterNIC. Domain name registration fees are non-refundable.

     Tweaked Solutions will also provide a limited amount of hard disk space. The limit for disk space and data transfer (the exchange of digital media between the customer’s web site and the Internet) corresponds to the hosting plan selected by the customer at the top of this agreement. Additional hard disk space will be billed at $1 per megabyte per month.

     All hosting service fees are due in the first week of every month or first week of every year unless prior special arrangements have been made with Tweaked Solutions. If payment of hosting fees is not received by the invoice due date, the unpaid balance will be subject to interest at a rate of 1.5% per month.

     Non payment of hosting services DOES NOT constitute a request for service termination or account cancellation. To terminate hosting service, the customer agrees to notify Tweaked Solutions of his intentions, 30 days before the service termination date.

     A hosting account is considered delinquent if no payment is received within 60 days from the first of the month or year start date, for which hosting services were provided by Tweaked Solutions. All delinquent accounts will be turned over to a Collection Agency and will be subject to 18% annual interest, and collection cost.

     Any interest due to late payment, will be assessed from the date services were rendered.

     If payments are made by credit card, Customer agrees to pay all billed amounts according to the credit card issuer terms and conditions until the Customer cancels the account(s) or discontinues credit card billing.

     Cheques should be made out to "Tweaked Solutions Inc.". All returned checks are subject to a $30.00 charge.

     No warranty is made by Tweaked Solutions regarding bandwidth or any information, services or products provided through, in connection with, or located on the computer systems at Tweaked Solutions, and Tweaked Solutions hereby disclaims any and all warranties, including without limitation on any warranties as to the bandwidth, availability, accuracy, content of information, products, or services.

     By signing this agreement, Customer releases Tweaked Solutions from any liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, delay of operation or transmission, error, omissions, interruption, deletion, defect, communications line failure, theft or destruction of, or unauthorized access to, negligence, for breach of contract, or under any other cause of action. Any liability of Tweaked Solutions shall be strictly limited to the amount paid by or on behalf of Customer to Tweaked Solutions for the current month.

     Customer agrees that these terms and conditions are subject to change with a 30 days notice. Customer can cancel his/hers hosting account with a 30 day written notice. By use of a Tweaked Solutions hosting account, Customer accepts the terms and conditions set forth in this agreement.