Adult Web Site Hosting Agreement

THIS AGREEMENT is made this Current Day day of Current Month, Current Year by and between Company Name ("Company") and Company Name ("Customer"). The purpose of this Agreement (hereafter referred to as the "Agreement") is to precede a longer-term contract arrangement under which Company will provide Adult Web Hosting services on behalf of Customer.

• "Adult Material" or "Adult Content" shall mean all forms of communication, including stories, testimonials, editorials or other narrative descriptions, pictures, photographs, drawings, illustrations, cartoons, anime or other images not listed, video or audio recordings, or any executable program or software.
• "Underage Users" shall mean all individuals who do not meet the minimum age requirement for viewing Adult Material in their locality or place of residence.
• "Restricted Material" shall mean any content in any form that is prohibited from being hosted, displayed or otherwise made available on Company's servers and hosting accounts.
• "DMCA" shall mean the Digital Millenium Copyright Act.
• "DCMA Takedown Notice" shall mean any notification received by Company that material, as defined by the DCMA, is currently hosted by Company resources and is deemed by the rightful copyright holder(s) as infringing.
• "Age Verification System" ("AVS") shall mean any software, service or other method employed in order to ascertain and verify the age of the user attempting to purchase or otherwise access content.
• "Membership" shall mean any unit of access granted to a customer to gain entrance to content.
• "Membership Area" shall mean any area or access point on any web site, application, FTP, directory or other hosted resource that is not available to the public.

In consideration of the mutual covenants set forth in this Agreement, Customer and Company hereby agree as follows:

Terms

Subject to the terms and conditions of this Agreement, Company will provide Adult Web Hosting services for Customer subject to the following terms:

Length of Service

Customer agrees to an initial six (6) month or twelve (12) month contractual term of service ("Term"). The length of contract required is based on the type of service desired by Customer and shall be determined solely by Company.

Service Start Date

The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Company receipt of payment for such first Term of service or upon a mutually agreed-upon alternate date.

Renewal by Customer

This Agreement will automatically renew for successive six (6) or twelve (12) month Terms unless canceled in writing by Customer at least 30 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Customer indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Customer's account.

End User Pricing and Adult Web Hosting Compensation. End User pricing and Adult Web Hosting Compensation is outlined on Exhibit A, attached, and is subject to change at the sole discretion of Company.

Terms of Payment

Terms of payment are C.O.D. unless credit approval has been granted by Company. If credit approval has been granted, credit terms are net 10 days upon receipt of invoice. Company reserves the right to revoke any credit extended if payment is in arrears for more than 30 days.

Proprietary Information

Proprietary information exchanged hereunder shall be treated as such by Customer. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Customer further agrees to not decompose, disassemble, decode or reverse engineer any Company program, code or technology delivered to Customer, or any portion thereof.

Censorship

Company will exercise no control whatsoever over the content of the information passing through the network, email or web site. All content is subject to the Adult Web Hosting Acceptable Use Policy (AUP).

Warranties

Company makes no warranties or representations of any kind, whether expressed or implied, for the service it is providing. Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Customer. Use of any information obtained by way of Company is at Customer's own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services.

Connection speed represents the speed of an end-to-end connection. Company does not represent guarantees of speed or availability of end-to-end connections. Company expressly limits its damages to Customer for any non-accessibility time or other downtime to the pro-rata monthly charge during the system unavailability.

Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

Trademarks and Copyrighted Material

Customer warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service. Further, Customer warrants that all models depicted in any Adult Material are at least 18 years of age.

Transfer of Agreement

Customer may not assign or transfer this Agreement, in whole or in part, without the prior written consent of Company. In the event that Customer contemplates whole or partial sale of its business, ownership change, or change in jurisdiction, Customer shall notify Company by mail, facsimile or email no less than 60 days prior to the effective date of the event.

Termination

Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provision of the Agreement upon receipt of written notice from Company of said failure, 2) appointment of Receiver or upon the filing of any application by Customer seeking relief from creditors, 3) upon mutual agreement in writing of Company and Customer.

Disputes

If legal proceedings are commenced to resolve a dispute arising out of or relating to this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals. If Company becomes aware of an alleged violation of any of the terms contained in this Agreement, the Adult Web Site Acceptable Use Policy (AUP) or any other policy that has been posted on its web site, made available to Customer via email, or posted in any other form, Company shall initiate an investigation. During the investigation, Company may restrict Customer or Customer's Users' access to Company products and services in order to prevent further possible unauthorized activity. Company may, at its sole discretion, restrict, suspend, or terminate Customer's account without notice or refund, or pursue civil remedies as it deems necessary.

Company shall be able to access any restricted areas or disable any security preventing the Company's investigation(s). Company shall notify the appropriate law enforcement department of any such violations. Company shall not be responsible for any payment, refunds, or compensation in any way for service disruptions or termination resulting from violations of this Agreement.

Company reserves the right to provide any and all available information in order to comply with a legal court order, subpoena, discovery request or any other authoritative request by a governing body or agency.

Indemnification

Customer shall indemnify and hold Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Company directly or indirectly arising from or in connection with Customer's marketing or support services of the product or services, or the unauthorized representation of the product and services or any breach of this Agreement by Customer.

General

If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of State. Exclusive jurisdiction and venue shall be in the County County, State Superior Court. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.

Each party represents and warrants that, on the date first written above, they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signature below.