Terms and Conditions

THIS AGREEMENT BETWEEN Dage4.com (hereinafter referred to as 'Dage4') and Account Holder (hereinafter referred to as 'Client') WHEREAS Dage4 provides the service of an online web service management system (CM Wizard™ ) for the purpose of maintaining the Client’s website(hereinafter referred to as the 'Service'), in exchange for valuable consideration by the Client; AND WHEREAS Client desires to subscribe to the Service on the terms and conditions contained herein; NOW THEREFORE in consideration of the mutual covenants and agreements contained in this Agreement and other good and valuable consideration (the receipt and sufficiency of which are hereby irrevocably acknowledged by the parties) Dage4 and Client agree as follows:

1. The Service. Dage4 agrees to provide Client access to sufficeint storage space within the CM Wizard™  service for the purpose of developing and maintaining a world-wide-website (the 'Site') in the prescribed amount of 100 mega-bytes (MB).  This agreement does not include hosting of the Client’s Site, nor Email accounts.

2. Limitations. The Service is subject to the following limitations: a. CPU Resources and Bandwidth. Client acknowledges that the Service is provided on a shared server connected to the internet and agrees not to engage in any activity that could overwhelm the server with heavy CPU usage or abnormally increase bandwidth usage that requires a disproportionate amount of the resources of the shared server. Dage4 will reasonably cooperate with Client in such instances. However, if Client refuses to reduce heavy CPU and/or bandwidth usage, Dage4 will have the right to deactivate Client's access to the Service with no compensation to the Client b. File Types. Client shall not store multi-media file types, including but not limited to MP3, Mpeg, AVI, Real Audio, Real Video, Quick Time, and /or Windows Media files. Client shall also not store executable binaries and /or compressed file types including but not limited to .EXE, .ZIP, .TAR, .RAR, .GZIP;

3. Restrictions. Client shall not include content, or internet links to content that contain, promote or involve any of the following: a. any infringement of copyright, trademark, patent, trade secret or other intellectual property right; b. nudity or pornography; c. content that exploits children under 18 years of age; d. hate propaganda; e. racist, threatening, or otherwise abusive content; f. the promotion or incitement of, or instruction for, the commission of illegal activities; g. mail fraud, multi-level marketing (pyramid) schemes or any other fraudulent activities; h. content promoted through the sending of unsolicited e-mail (also known as spamming); i. sending of unsolicited e-mail (spam) from the service, or any other server that refers to content on the CM Wizard™ service, or sending such e-mail with an Dage4 hosted Web site listed as the contact address; j. warez, cracks, hacks, spam software & their associated utilities; k. information or other material that contains a virus, corrupted data or any other harmful or damaging component; l. any binary files that are not directly linked within the Client’s website, m. any links to files located within the CM Wizard™ service or Dage4 websites.

4. Responsibilities. a. Client agrees that Dage4 does not monitor, review and is not responsible for content development or management and acknowledges that Dage4 does not endorse or verify any such material. b. Client agrees to assume full responsibility for all files associated with their Site and acknowledges that Client may be held legally for the contents of their Site. c. Client is solely responsible for creating backups of any files associated with their Site and for monitoring their Site. d. Client agrees that all files stored within CM Wizard™ through the use of the Service will be a part of, and linked to web pages within the Client’s Site.

5. Notice to Officials. If Dage4 determines that law enforcement officials should be notified regarding potentially illegal content on the Client Site, Client agrees that Dage4 may provide copies of Client's web pages to the appropriate officials without notice to user. Dage4 will cooperate with all law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.

6. Policies and Guidelines. Client agrees to abide by and be bound to all policies or guidelines, together with any amendments thereto, set out, from time to time, by Dage4 anywhere on the site www.dage4.com

7. No Representations or Warranties. The Service is offered on an 'as is' basis without any representations or warranties of any kind either expressed or implied. For greater certainty and without limitation to the generality of the foregoing: a. Dage4 makes no representations, warranties or guarantees of any kind whether written or verbal regarding the reliability of the Service provided or any other services offered; b. Dage4 is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other reasons; c. Dage4 makes no representations, warranties or guarantees with regards to server reliability, speed or consistency; d. Dage4 makes no representations, warranties or guarantees as to the accurateness or correctness of any content on any of the Client’s Sites and is not responsible for any errors or omissions arising from the use of such information;

8. Limitation of Liability. Dage4 is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the CM Wizard™ service; or losses or damages arising from the use of the content or services provided by Dage4. For greater certainty and without limitation to the generality of the foregoing: a. Dage4 liability to Client for actual damages for any cause whatsoever, regardless of the form of action will be limited to a maximum of the unused fees paid by Client to Dage4, if any, for the prior 12 months; b. in no event will Dage4 be liable to Client for any indirect, incidental, or consequential damages arising out of the Service or in connection with the Site or any other services or products provided to Client; c. Dage4, its officers, directors, owners, agents and employees, shall in no way be liable to Client or anyone else for any loss or injury resulting from use of the Service or the Site; d. in no event shall Dage4 be liable for any damages, whatsoever, as a result of the notifying of any official of potentially illegal content on the Site, providing copies of Client's said Site to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct; e. In no event shall Dage4 be liable for any damages, whatsoever, as a result of the termination of this Agreement pursuant to Article 10.

9. Indemnity. Client agrees to indemnify and hold Dage4 harmless from and against, and to reimburse Dage4 with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees and costs of investigation) or every nature whatsoever incurred by Dage4 by reason of or arising out of or in connection with a. any breach of this Agreement by Client; b. any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual propriety right of any party by content on the Site; or c. illegal, libelous, or defamatory content on the Site.

10. Termination a. Either Dage4 or Client may terminate this Agreement at any time upon providing five business days prior notice to the other party. b. Any account cancelled, deactivated, or terminated within the provisions of this Agreement is not eligible for refund with exception to paragraph 10(d)(i). c. Dage4 may terminate this Agreement, discontinue the Service and delete all files at any time without notice to Client in any of the following circumstances: i. Client violates any term of this Agreement, any municipal, provincial or federal laws or regulations, or any policy or guideline set out, from time to time, by Dage4 anywhere on the site www.dage4.com ii. Client engages in conduct or posts material on the Site that Dage4 in its sole discretion believes is harmful to other Users, the business of Dage4 or any third-party; iii. Client engages in any activity that could overwhelm the service with heavy CPU usage or bandwidth that requires a disproportionate amount of the resources of the CM Wizard™ service; iv. Client disputes the terms of this Agreement or any amendment set out, from time to time, by Dage4 anywhere on the site www.dage4.com v. Dage4 receives any complaints regarding Client or the Site from any other Client or third parties. vi. Dage4 does not receive prompt and complete payment for all work related to, and the continued use of the Service

d. The following conditions apply where this Agreement is terminated by Client: i. Service packages are subject to an unconditional 30 (thirty) day money-back guarantee or until such time where Client begins publishing content to their Site. Cancellation within 30 (thirty) days of activation will be refunded in full less a $250 USD (two hundred fifty U.S. dollars) fee for any template design, site development, and additional handling charges; ii. All requests for cancellation must be sent in writing by facsimile or post to the head office of Dage4. Receipt of such request will be confirmed by Dage4; iii. Cancellation requests made by telephone or e-mail will not be accepted by Dage4; and iv. Following termination of this Agreement, for any reason, Client agrees not to use the Service in any manner or for any reason.

11. Assignability. This Agreement is assignable to a third party by Dage4, with notice to Client. Such notice shall be made known on the Web site www.dage4.com

12. General. a. Consent to Breach Not Waiver. No term or provision of this Agreement is deemed waived and no breach excused, unless the waiver or consent is in writing and signed by the party claiming to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether expressed or implied, does not constitute a consent to, waiver of, or excuse for, any other different or subsequent breach. b. Governing Law. This Agreement is governed by and construed in accordance with the applicable laws of the State of California and the federal laws of The United States of America and is treated in all respects as a California contract. c. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, all other provisions will nevertheless continue in full force and effect. d. Entire Agreement. This Agreement, together with all policies, guidelines and amendments set out, from time to time, by Dage4 anywhere on the site www.dage4.com , constitutes the entire agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous negotiations, proposals, commitments, writings and understandings of any nature whatsoever, whether oral or written. e. Survival. Any terms and conditions of this Agreement which by their nature extend beyond the term or expiry of this Agreement shall survive the termination or expiry of this Agreement. This includes, without limitation, Article 7 (No Representations or Warranties), Article 8 (Limitation of Liability), Article 9 (Indemnity), Article 11 (Assignability) and this Article 12 (General). f. Headings. The headings and captions used in this Agreement are inserted only as a matter of convenience and for reference and in no way are to be construed as defining, limiting, or describing the scope or intent of this Agreement. g. Remedies Cumulative. Unless otherwise set out in this Agreement the rights and remedies granted to each party under this Agreement are cumulative and are in addition to each party's rights provided by law or otherwise. Each party may exercise its rights concurrently or separately. The exercise of one remedy is not deemed an exclusive election of that remedy, nor does it preclude the exercise of any other remedy. h. Counterparts or Electronic Acceptance. This Agreement may be executed in counterparts, each of which is deemed to be an original and all of which together are deemed to be one and the same instrument, or may be executed by indicating assent through electronic means.

13. Right to Refuse Service. Dage4 reserves the right to refuse services to any Client in the event that Client does not abide by the provisions set out in this Agreement. If Dage4 deems the Client to be a hindrance on business, the Client will be 'blacklisted' and Dage4 will not in the future, provide any services to Client. In any such event, Dage4 will give Client 15 (fifteen) Calendar days notice to find another provider for their web management needs. ADDENDUM FOR HOSTED SITES