WEB SITE HOSTING AGREEMENT

Provider Service Agreement

1. The Provider, HostingBay.com.au, is a division of Hitech United Australia Pty. Ltd., a registered company incorporated in Melbourne, Victoria, Australia (A.C.N. 103 120 869), (hereinafter ¡°Provider¡±).

All services provided by Provider may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any law or administrative regulation is prohibited, including without limitation copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and statute.

INDEMNIFICATION AND PROHIBITED ACTIVITIES:

The subscriber agrees to indemnify and hold harmless Provider from any claims resulting from the use of the service that damages the subscriber or any other parties. The following is strictly prohibited, including links thereto, on the Provider server, and Provider shall be the sole arbiter as to what constitutes a violation of this provision:

Pornography and sex-related merchandising; Excessive profanity; Violence, racial intolerance, hate, or advocate against any individual, group, or organization; Hacking/cracking content; Illicit drugs and drug paraphernalia; Any other content that promotes illegal activity or infringes on the legal rights of others. Provider reserves the right to remove such illegal material from its server immediately.

Spamming, or the sending of unsolicited email, and/or using an email address or domain name in a spam that is maintained on a Provider machine is strictly prohibited. Subscriber agrees to pay actual damages or liquidated damages of five hundred dollars ($500) for each unsolicited e-mail transmitted, whichever is greater.

2. PAYMENT: Payment is due immediately after date of invoice. All setup fees are non-refundable once setup has been completed. The subscriber is responsible for providing up-to-date payment information. Provider will not be held responsible should the subscriber¡¯s payment information become out-of-date and Provider terminates service for non-payment.

2.1. If payment is by credit card, the subscriber authorizes Provider to charge the credit card listed for those charges for Provider services that may accrue from month to month, or for any past-due balances, in order to bring the account to current status. Credit card payments will be billed and charged automatically, and Provider may charge the amount due to the provided card at any time.

2.2. PAYMENT DEFAULT: Accounts are in default if payment is not received within 20 days after date of invoice. If a subscriber¡¯s check is returned by the bank as unredeemable, the subscriber will be deemed to be in default, and will be liable for a ¡®¡®returned check¡¯¡¯ charge. Accounts unpaid 20 days after date of invoice may have their service interrupted. Such interruption does not relieve the subscriber from the obligation to pay the monthly charge and Provider will not be liable therefor. Only a written request to terminate your service relieves you of your obligation to pay the monthly account charge. Accounts in default are subject to a late payment charge and an interest charge of 1.5% per month on the outstanding balance. If the subscriber¡¯s law does not allow an interest rate of 1.5% per month, the maximum allowable rate for the subscriber¡¯s state will be charged. If the subscriber defaults, the subscriber agrees to pay Provider its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.

2.3. All files, information and mail under the account will be preserved for 15 days from the date the payment is due. If the payment is not received after 15 days, all files, information and mail under the account will be deleted. If the subscriber wishes to use the service again, the subscriber must re-apply as a new subscriber. For this, an activation fee will be required.

3. TERMINATION OF ACCOUNT: The subscriber agrees that the company has the right to delete all data, files or other information that is stored in the subscriber¡¯s account if the subscriber¡¯s account with the company is terminated, for any reason, by either Provider or the subscriber.

4. USER: System accounts cannot be transferred or used by anyone other than the subscriber.

5. SUSPENSION: Provider shall have the right to suspend service to the subscriber at any time, and for any reason, without notice. If such a suspension is to last for more than 30 days, the subscriber will be notified as to the reason.

6. CANCELLATION: Service provided by Provider may be cancelled in writing at any time with no penalty. Login Id and domain name must be included in the cancellation request. Cancellation will take effect only when the receipt of the cancellation request is confirmed by Provider.

7. AGE: The subscriber certifies that he or she is at least 18 years of age.

8. SERVICES: If the subscriber requests that Provider provide services not delineated herein at any time during the 30-day period and thereafter, the subscriber agrees to pay Provider¡¯s price for such services in effect at the time such service was rendered.

9. CONTROL: Provider exercises no control whatsoever over the content of the information passing through Provider.

10. WARRANTY DISCLAIMERS: Provider makes no warranties of any kind, whether expressed or implied, for the service it is providing. Provider also disclaims any warranty of merchantability or fitness for a particular purpose. Provider will not be responsible for any damage suffered. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by Provider¡¯s negligence or the subscriber¡¯s errors or omissions. Use of any information obtained via Provider is at your own risk. Provider specifically denies any responsibility for the accuracy or quality of information obtained through its services.

11. LIMITATION OF LIABILITY: ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE CURRENT MONTH.

12. SEVERABILITY: Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.

13. TERMS: These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of Provider service constitutes acceptance of these Terms and Conditions.

14. Background Running Programs: We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

15. TECHNICAL SUPPORT: Provider does not provide technical support on non-server issues. We WILL NOT respond to emails pertaining to such requests. This includes but is not limited to, all 3rd party software, Java, CGI, scripts, Real Audio/Video, applications utilized in developing your web site, including HTML, MySQL, Telnet, FTP, Email Clients.

16. SERVER ABUSE: Any attempt to undermine or cause harm to a server, or customer, of Provider is strictly prohibited.

17. ACCOUNT ACTIVATION: By activating your account with Provider, you agree to the policies and disclaimer. Upon requesting an account activation, you are required to accept these Terms, Conditions and Disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.

NOTE: If you sign up for an account and do not follow our terms. No refunds will be given. We will however let you know by email or phone before any action is taken so you will have a chance to solve the matter.

18. ACCOUNT CANCELLATION: You can cancel your account anytime within the first 30 days of service and receive a refund on the web hosting fee.

You can cancel your account anytime before your next billing date and not incur any charges for the next billing period. You may request cancellation by using the link in the members area or send an email to billing@HostingBay.com.au Be sure to include your domain name and password. HostingBay.com.au will ask you to confirm cancellation.

19. Notice: Provider retains the right to change any or all of the above Term, Conditions, and Disclaimer without notification.

20. PAYMENT POLICES: All accounts are setup automatically, a Confirmation emails should arrive within 15 minutes to the email specified in your online signup form. Customers credit card is charged on the same day when the account is open. Payment is due each anniversary month or period following the date the account was established. HostingBay.com.au may run a transaction at least 5 days in advance to anticipate a declined credit card. This will give the customer at least 4 days from the due date to run the transaction. If the transaction is run at least 3 times, and the client fails to update the credit card, the account will be suspended and or terminated without further notice. In some cases if a problem arises with the account, the user will be notified via e-mail. If within the first ten (10) days of account activation, a full refund will be credited to credit card on file. All accounts are set up on a prepay basis. HostingBay.com.au reserves the right to change prices at any time. Credit card orders that are on a 'monthly' or 'quarterly' or 'yearly' basis will be charged automatically to the card number on file. If for any reason the card does not clear with the bank on three attempts, the account is subject to suspension. Any account not brought current within a week of e-mail notice or exceeding this time frame in any way is subject to suspension. If a bank 'charge back' is processed against our account, the account in question will be terminated immediately.

21. TRAFFIC and STORAGE POLICES: HostingBay.com.au allocates a set amount of storage and bandwidth per customer. If customer exceeds or is about to exceed the allocated amount of storage or traffic, HostingBay.com.au will send a courtesy notice to customer with further options and pricing.

22. High Resource Policy: Any site that is deemed as impairing the performance of our servers either by high disk utilization, high bandwidth usage, or high CPU usage will be entered into our "High Resource Customer" program. High Resource sites are sites that use an excessive amount of system resources such as bandwidth, storage or CPU utilization. It is HostingBay.com.au's sole digression to decide which sites are "High Resource" sites.

Sites who have been deemed as a "High Resource" site will be subject to the following:

HostingBay.com.au will charge your credit card on file $250.00 as a security deposit per occurrence of our HRP or violation of any of our rules. If within 30 days the abuse in question has been deemed fixed, then we will issue a refund to the credit card the total amount of the security deposit.

A $300 per month fee will be added to the user's current monthly fee if the problem is not fixed within the set amount of days outlined in the Notice sent to the client by email.

"What does HostingBay.com.au consider "CGI ABUSE"?

Any site whose CGI programs are using excessive amounts of system resources. Excessive amounts is defined as any amount that results in substantial degradation of server performance. HostingBay.com.au is the sole determinant of what constitutes degraded server performance.

23. REFUSAL OF SERVICE: We reserve the right to refuse, cancel, or suspend service at our sole discretion.

24. SURVIVAL OF CLAIMS. Any claims arising out of or related to this Agreement must be brought no later than one year after it has accrued.

25. INDEPENDENT CONTRACTOR STATUS. Nothing in this Agreement or in the course of dealing between Company and Customer pursuant hereto shall be deemed to create between Company and Customer (including their respective directors, officers, employees and agents) a partnership, joint venture, association, employment relationship or any other relationship other than that of independent contractors with respect to each other.

26. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of Melbourne, Victoria, Australia, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.

27. HEADINGS. The section and subsection headings have been used in this Agreement as a matter of convenience only and shall not be used in the interpretation of any provision of this Agreement.

28. NON-WAIVER, WAIVER AND AMENDMENT. Failure by either Company or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. No waiver of any rights under this Agreement, no any modification or amendment of this Agreement shall be effective or enforceable unless in writing and signed by both parties, except as provided by Section 5, above.

29. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties and supersedes all oral negotiations and prior writings with respect thereto. When used in this Agreement, the terms ¡®¡®hereof,¡¯¡¯ ¡®¡®herein¡¯¡¯ and ¡®¡®hereunder¡¯¡¯ refer to this Agreement in its entirety, including any attachments to this Agreement and not to any particular provisions of this Agreement, unless otherwise indicated.

30. ACCEPTANCE: USE OF COMPANY SERVICES AND PRODUCTS CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.