Hosting contract

This agreement is made between South Pacific Information Services Ltd ("SPIS") of Christchurch, New Zealand and _______________________________
(hereafter referred to as "CLIENT").

SPIS will provide Web and/or FTP Hosting services in accordance with the following agreement.

1.0 General Description of Services

1.1 SPIS provides reliable Web and/or FTP site hosting on its own dedicated P350 computer in California which has a 100Mbps Local Area Network connection to an Internet access provider known as Sonoma Interconnect. Sonoma accesses the Internet via a fiber T3 (45Mbps) circuit and two T1 (1.5Mbps) circuits which together connect to the three major Internet backbones in the United States. Circuits are consistently upgraded as needed to increase reliability and available bandwidth.

1.2 This service offering allows full high speed access from CLIENT's site to Sonoma Interconnect's fast fiber Internet access and, because of its high speed and high performance, is well suited for Web access, FTP access, automated Web sites and electronic mail applications.

1.3 SPIS's P350 computer is subject to 24-hour electronic monitoring to ensure reliable operation and online availability.

1.4 Specific services:
The "FTP Only" service charge includes the following items:

• Hosting of a public FTP directory containing CLIENT's files
• Storage of up to 5MB of data files in that directory
• Monthly transfer of up to 1GB of data via the Internet
• Private read/write FTP access by the CLIENT to CLIENT's files

The "Basic Web" service charge includes the following items:

• Hosting of a single Web site and optional public FTP directory
• Storage of up to 1MB of data files and HTML pages
• Monthly transfer of up to 1GB of data via the Internet (for reference, 1GB is enough to support between 50,000 and 200,000 "typical" Web page "hits")
• Private read/write FTP access by the CLIENT to CLIENT's files
• Access to standard site services such as "Formmail" and remote site maintenance

The "Advanced Web" service charge includes the following items:

• Hosting of a single Web site and optional public FTP directory
• Storage of up to 5MB of data files and HTML pages
• Monthly transfer of up to 2GB of data via the Internet (100,000-400,000 "typical hits")
• Private read/write FTP access by the CLIENT to CLIENT's files
• Access to standard site services such as "Formmail" and one-step remote site maintenance
• The ability to run one self-administered WebHub application or an alternative Web automation application approved by SPIS.

"Optional Services" include one or more of:

• Additional monthly data transfers (in 1GB units)
• Additional storage (in 1MB units)
• Use of our secure (HTTPS) server, https://usa.spis.co.nz
• Access to our extended site services such as credit card handling and site-wide searching
• Monthly site log analysis and reporting
• Pager-based remote monitoring and notification of individual site problems
• Custom site automation requirements
• Special setup or configuration services

1.5 While SPIS does provide domain name registration and management services including email "pointing", we generally do not provide email routing, pickup or other "dial-up" connection services, though we can assist by recommending services or ISPs which do.

1.6 SPIS endeavours at all times to manage and operate their server in a secure fashion. However, CLIENT should be aware that, due to the special nature of the Internet, publically-hosted sites should not be used to store confidential information, especially sensitive financial or security-related data such as credit card details or software passwords.

3.0 Special Restrictions

3.1 CLIENT must comply with all accepted Internet access policies of all upstream networks, including Sonoma Interconnect, UUNet, Alternet and MCI.

3.2 CLIENT or the CLIENT's system may not participate in unsolicited e-mail or Usenet publishing, either as an originator or host of content (including Web pages referred to in such activities).

3.3 CLIENT or the CLIENT's system may not disrupt Sonoma Interconnect's local area network or routers. This includes activities that might generate excessive traffic such as flood pinging, packet sniffing or other activities harmful to the network.

3.4 CLIENT or the CLIENT's system may not engage in any activity that interferes with others' use and enjoyment of the Internet or engage in any activity that violates US law. Any activity on our network or that of Sonoma Interconnect which is a violation of US law is a violation of this policy. Prohibited activities include, but are not limited to: transmitting obscene materials; intentionally spreading computer viruses; gaining unauthorized access to private networks including Sonoma Interconnect's private network infrastructure; engaging in the transmission of pirated software; conducting or participating in illegal gambling, soliciting for illegal pyramid schemes through electronic mail or USENET postings.

4.0 Pricing and Fees

4.1 The setup and fees for use of services are on a tiered pricing structure that allows CLIENT full access to the speed of the network connections without the large cost usually associated with these types of connections. However, pricing is based upon usage. If you are using more bandwidth than the standard amounts noted in 1.4, costs will increase by $NZ50 ($US25) per 1GB of data transferred per month.

4.2 Additional storage over the standard amounts noted in 1.4 may be charged for at SPIS's discretion at the rate of $NZ30 ($US15) per 1MB per month.

4.3 Additional setup or service requests will be charged (per quarter-hour or part thereof) at the rate of $NZ180 ($US90) per hour.

4.4 Payment for New Zealand-based clients must be by cheque or direct credit within 21 days of receipt of invoice. 12.5% GST will be added to all invoices for New Zealand-based clients.

4.5 Payment for overseas clients must either be each 6 months, in advance, or by monthly credit card deduction. In either case, credit card information will be held by SPIS against the possibility of additional charges incurred as a result of increased traffic (4.1).

5.0 Term and Termination

5.1 The term of this agreement is indefinite, commencing as of the date SPIS begins hosting of CLIENT files.

5.2 Either party may terminate the agreement by providing the other party with 30 days prior written notice.

5.3 In the event of a violation of any of items 3.1 to 3.4, SPIS may immediately and without prejudice terminate its hosting services for CLIENT and refund the unused balance of any amount pre-paid, less $NZ30 administration fees.

6.0 Indemnification and Liability

6.1 CLIENT shall defend, indemnify and hold harmless SPIS and Sonoma Interconnect, their partners, employees and agents from and against any and all lawsuits, claims, demands, penalties, losses, fines, liabilities, damagers, and expenses including attorney's fees of any kind, without limitation, in connection with CLIENT'S operations contemplated by this agreement, or otherwise arising out of or in any way connection with SPIS's provision of service or performance under this agreement. This section shall not apply to the extent that any loss or damage is caused by the gross negligence or willful misconduct on the part of SPIS or Sonoma Interconnect.

6.2 SPIS and Sonoma Interconnect will not be liable for any act, omission to act, negligence or defect in the quality of service of any underlying carrier or other service provider whose facilities or services are used in furnishing any portion of the service received by the customer. SPIS and Sonoma Interconnect will not be liable for any failure of performance that is caused by or the result of any act or omission by customer or any entity other than SPIS or Sonoma Interconnect that furnishes services, facilities or equipment used in connection with SPIS or Sonoma Interconnect's services or facilities.

6.3 Except as expressly provided in this agreement, SPIS makes no expressed or implied representations, or warranties, including any warranties regarding merchantability or fitness for a particular purpose.

Date                            CLIENT Signature






Date                              SPIS