This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting and other Internet-related services provided by Mercurial (the "Services"). As used in this Agreement, "Mercurial" means mymercurial.com and "Client", "you", or "your" means you. By clicking on the "Submit Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Mercurial site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Mercurial Site" refers to the Site located at the URL http://mymercurial.com, or any other successor sites owned or maintained by mymercurial.com.

Mercurial provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.

Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Mercurial service in connection with Client's use of the Services which: • violate any provincial, federal or foreign laws or regulations; • infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Mercurial or any third party; • are defamatory, slanderous or trade libelous; • are threatening or harassing; • are discriminatory based on gender, race, age or promotes hate; • violate any Mercurial policy posted on the Mercurial Site including, but not limited to, our Acceptable Use Policy (includes Adult Content Policy), UCE (SPAM) Policy, and CGI Abuse Policy. • contain viruses or other computer programming defects which result in damage to Mercurial, it's property, or servers, or any third party. Shell Access. SSH access is given to the client with the following in consideration: 1) It will be used solely for administering your website; 2) It will not be used to run an IRC server, an Eggbot, a Shoutcast or internet radio station, or any daemon-like software; and 3) Will not be used as a medium for connecting to any other services (i.e., using SSH to SSH into another server). No background processes will be allowed. The client must provide a copy of their drivers license for verification purposes before SSH access is enabled.

Bandwidth. Client may occupy only the amount of disk space on the Mercurial server and utilize no more than the network bandwidth that is allotted by Mercurial. Additional fees, specified in the hosting plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan. Mercurial is however willing to allow for periodic overages of the allotted bandwidth amount, up to 1 GB. Mercurial will be the sole arbiter in determining when the client has gone over their bandwidth limit.

No "SPAM". Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at Mercurial, or otherwise, that mentions or reference any domain hosted on Mercurial's servers or parked on Mercurial's DNS servers. NOTE: All violators will be fined! (Refer to our UCE (SPAM) Policy).

Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

Back-Up Files and Processing. While Mercurial does backup all accounts every night, the Client is still responsible for making back-up files in connection with its use of the Services. Mercurial will not be held responsible for any lost or damaged files as a result of using our services.

Termination. Mercurial reserves the right to refuse service to anyone. Mercurial, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact hosting@mercurial.com.

Service fees will be due on the first day of every month after the original signup date. Mercurial shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to Mercurial.

If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to Mercurial and agrees to pay any and all fees incurred by Client.

Refunds. All payments made to Mercurial within the first thirty (30) days are eligible for a refund on clients request. All refund requests must be made by way of a written request submitted by email to hosting@mercurial.com. Any accounts that breach the TOS/AUP will forfeit the refund rights. For all other payments made to Mercurial are non-refundable, including monthly payments and annual payments, as well as payments made for domain names. Partial refunds will not be given.

Late payments. Any payment not received within ten (10) days will be suspended / terminated at Mercurial's sole discretion.

Customer also shall pay to Mercurial all expenses incurred by Mercurial in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Customer, including, but not limited to, reasonable solicitor fees and the fees of any collection agency retained by Mercurial.

Taxes. Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.

Primary domain changes. If a client wishes to change their primary domain associated with their account, there is a $25 one-time administrative fee. This does not apply to addon domains or parked domains.

Domain Names. If Client chooses to register a domain name(s) through Mercurial, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s). Mercurial does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.

The parties agree that in no event shall Mercurial be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Mercurial from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.

Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party.

If Mercurial suspends an account for non-payment, Client shall be allowed to re-instate Client's use of the Services within Five (5) business days of cancellation upon approval from Mercurial and full payment of balances due.

If a Client terminates their account, Mercurial will disable the service/account within twenty four (24) hours the client specifies the account is cancelled. Mercurial will not maintain an archival copy of the Clients Web site or files. It is the responsibility of the Client to remove any data off the server prior to the date provided in their cancellation notice.

Client will pay and indemnify and hold Mercurial harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

THE SERVICES, THE Mercurial SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE Mercurial SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. Mercurial DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Mercurial SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

IN NO EVENT SHALL Mercurial BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE Mercurial SITE OR ANY Mercurial PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL Mercurial CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS (USD).

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Mercurial. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of Canada, except with regard to it’s conflict of law rules. This Agreement and Mercurial’s policies are subject to change by Mercurial without notice. Continued usage of the Services after a change to this Agreement by Mercurial or after a new policy is implemented and posted on the Mercurial Site constitutes your acceptance of such change or policy. You are encouraged to regularly check the Mercurial Site for any changes or additions.