1) Parties.
This agreement is between CDavis Enterprises, LLC (PROVIDER) and the party as specified in the preceding on-line application (CLIENT).

2) Web hosting only.
This agreement covers web hosting services only.

3) Space usage.
PROVIDER will allow the specified per plan web space to be used by the CLIENT as long as the use is in compliance with the policies set below.

4) Bandwidth usage.
CLIENT agrees that bandwidth usage will be restricted to the amount allowed in the chosen plan, and that any usage above the allowed amount may result in the CLIENT'S web content being unreachable.

5) Policies.
CLIENT agrees to comply strictly with PROVIDER'S Acceptable Use Policy and Copyright Infringement Policy. CLIENT understands that the services are subject to immediate termination without compensation for non-compliance with the policies. Further, CLIENT will be responsible for the full amount of any tangible and intangible damages this may cause. PROVIDER reserves the right to change the policies from time to time to reflect the dynamic nature of the Internet. All policies and agreements are available on-line any time.

6) Excluded Services.
Provider will not provide services and will terminate existing services immediately without compensation if the CLIENT's web site is involved in any of the following: copyrights violation, pirated software (warez), pirated music, or sexually explicit material. CLIENT is responsibility for the usage of his/her account and any consequences of this usage.

7) On-line subscription.
CLIENT makes an on-line, paperless subscription for the services by completing the on-line application that follows this page. CLIENT acknowledges that all the information he/she submits on-line is true and correct to the best of his/her knowledge. CLIENT agrees that the act of submitting his/her subscription form on-line is equivalent to his/her signature.

8) Price change.
PROVIDER has the right to change the price of the services to reflect a change in the cost of the service, or other reasons. In case of price change, PROVIDER will send a 30-day advanced notice by e-mail only.

9) Start of services.
Services will typically start on the same business day that an application for service is submitted. Domain registration may take longer.

10) Quality of Services.
PROVIDER will make the best efforts to provide quality and uninterrupted services. However, due to the dynamic nature of the Internet, there is no guarantee, either expressed or implied, that provided services will never be interrupted. PROVIDER will make every effort to remedy service interruptions as quickly as possible. PROVIDER will not be responsible for any damages a service interruption may cause to the CLIENT.

11) Fees.
CLIENT agrees to pay the fees for the selected service plan. All fees are due in advance of services being provided. If CLIENT chooses to terminate service prior to the end of the paid service period, a pro-rated refund will be provided to CLIENT by PROVIDER. The pro-rated amount will be dependent on the period of time that has elapsed since account activation or renewal. As an example, an annual account that is canceled after 6 months, would have the balance refunded, which is more than the cost of a 6-month subscription. The percentage of refund is not necessarily consistent with the percentage of account usage due to discounts, which apply to multiple-month subscriptions.

12) Domain name registration.
CLIENT is responsible for establishing the domain name with an official registrar, and for that registrar pointing the DNS to PROVIDER'S nameservers. CLIENT agrees to pay the registration fees for the domain(s).

13) Termination of Services.
PROVIDER reserves the right to refuse services to anyone and to terminate existing services with 14 days advance notice for any or no reason; and without advance notice if the CLIENT violates the clauses of this agreement, the Acceptable Use Policy or the Copyright Infringement Policy. CLIENT has the right to terminate services at any time by notifying PROVIDER.

14) Payments.
If CLIENT chooses to pay account fees by credit card, CLIENT agrees to provide current credit card information on-line or by telephone. CLIENT understands that non-payment will result in automatic "hold" on his/her account. During the hold period the web site will not be accessible. The account will be "reactivated" after payment in full is received. Credit card accounts will not be automatically renewed without prior authorization from CLIENT. Any account that is past due for a period of 15 calendar days will be placed in "hold" status until payment is received. Accounts will be deleted if payment is past due for a period of 30 calendar days.

15)New account trial period.
New accounts receive a free 30-day trial period in which to sample the service provided by PROVIDER. CLIENT is responsible for payment of service if service is to continue beyond the 30-day trial period. If payment has not been received by the end of the 30-day trial period, service may be suspended until payment is received. If 15 calendar days have elapse since the end of the 30-day trial period and no payment has been made by CLIENT, the account will be deleted, including any data that was stored in the web site and CLIENT will not be eligible for trial service on any future order. If CLIENT does not intend to continue service following the 30-day trial period, CLIENT must notify PROVIDER of this intention before the 30-day trial period expires in order to retain the availability of future trial service to the CLIENT.

16) Late Payment.
There will be no late payment penalty for accounts that are past due for less than 15 calendar days. CLIENT agrees to pay a one-time reactivation fee of $10 for any account that has been placed in "hold" status because of non-payment.

17) Client Referral Rewards.
In gratitude for any business referred to PROVIDER by a current client of paid service(s), the following Referral Rewards shall apply.  Any current client, who has a paid web hosting account, will receive a $25 credit applied to his/her web hosting account for each new paid web hosting service client they refer to PROVIDER.  Prior to the credit being applied to the referrer's account, the new client must  begin paid service.  A referral credit will not be applied if the new client discontinues service during the free trial period, or if the new client fails to make payment for the paid service to begin.

Any current client, who has paid domain registration service, will receive an extension of 1 year added to his/her domain registration for each new paid domain registration client they refer to PROVIDER.  Prior to the credit being applied to referrer's account, the new client must purchase a new domain registration.  The referral reward for domain registration does not apply to a referral that results in the transfer of a previously registered domain name to PROVIDER'S registry.

Referral Rewards are valid for account credits and domain registration term extensions only.  Referral Reward credits are non-refundable and non-transferrable.  A client with a Referral Rewards web hosting credit(s) on his/her account, who terminates their account with PROVIDER, will forfeit any credit(s) in the account.

18) Lawful use of INTERNET.
CLIENT agrees to use INTERNET in accordance with the law and with the ethical rules established or to be established in the future.

19) LIMITED LIABILITY.
PROVIDER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PRODUCT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, PHONE BILLS, COMMUNICATION LINES BILLS, LOSS OF PRIVACY, DAMAGES TO THIRD PARTY EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE. CLIENT IS RESPONSIBLE FOR THE USAGE OF HIS/HER ACCOUNT AND ANY CONSEQUENCES OF THAT USAGE.

20) Indemnification.
CLIENT shall indemnify, defend by counsel reasonably accepted by PROVIDER, protect and hold PROVIDER harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to the web hosting and other services provided by PROVIDER to the CLIENT.

21) Security and Integrity of Information.
Although PROVIDER implements the latest technology for information protection, there is no guarantee that the information on the Internet is absolutely secured or may never be destroyed. CLIENT agrees to hold the PROVIDER harmless in case of loss of information or loss of privacy. CLIENT IS RESPONSIBLE FOR BACKING UP ALL DATA AND MAINTAINING CURRENT BACKUP FILES.

22) Entire Agreement.
This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein.

23) Modification.
This Agreement may be modified by PROVIDER at any time due to the changing nature of this business. PROVIDER will maintain a copy of the current agreement at http://www.cd-enterprises.com/agreement.html.

24) Waiver.
Performance of any obligation required of a party thereunder may be waived only by a written waiver signed by the other party, which waiver shall be effective only with respect to the specific obligation described therein. The waiver by either party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of this Agreement.

25) Severability.
If any provision of this Agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed severable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this Agreement, which shall remain valid and enforceable according to its terms.

26) Governing Law.
This Agreement was entered into in the State of California and its validity, construction, interpretation and legal effect shall be governed by the laws and judicial decisions of the State of California applicable to contracts entered into and performed entirely within the State of California.

27) Authority to Execute.
Each of the parties to this Agreement represents and warrants that it has full power to enter into this Agreement and that it hasn't assigned, encumbered, or in any manner transferred all or any portion of the claims covered by this Agreement.

28) Benefit of Successors and Assigns.
This Agreement shall be binding upon and inure to the benefit of each of the parties hereto, and except as otherwise provided herein, their respective legal successors and permitted assigns.

29) Cumulative Remedies.
Except as specifically provided herein, no remedy made available to either party hereunder is intended to be exclusive of any other remedy provided hereunder or available at law or in equity.

30) No Partnership or Agency.
Nothing in this Agreement shall be construed as creating a joint venture, partnership, agency, employment relationship, franchise relationship or taxable entity between the parties, nor shall either party have the right, power or authority to create any obligations or duty, express or implied, on behalf of the other party hereto, it being understood that the parties are independent contractors vis-à-vis one another.

31) No Third Party Beneficiaries.
Nothing contained in this Agreement, expressed or implied, shall be deemed to confer any rights or remedies upon, nor obligate any of the parties hereto, to any person or entity other than such parties, unless so stated to the contrary.

32) Excused Performances.
PROVIDER shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of the Services, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortages of facilities, fuel, energy, labor or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond PROVIDER'S reasonable control. In the event of any such delay or failure, performance of the Services shall be deferred to a date and time mutually agreeable by the parties.

33) Counterparts.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

34) Captions.
The section headings and captions contained herein are for reference purposes and convenience only and shall not in any way affect the meaning or interpretation of this Agreement.

35) Gender.
Where the context so requires, the masculine gender shall include the feminine or neuter, and the singular shall include the plural and the plural the singular.

36) Recitals.
The recitals above set forth are incorporated herein by reference.