Please read the following Web Hosting Agreement.

By requesting hosting service you acknowledge that you agree to and understand
the terms and conditions of using our service. 

JKG Computing LLC
WEB HOSTING AGREEMENT

This Web Hosting Agreement (this "Agreement") sets forth the terms and conditions of your use of JKG Computing LLC. ("JKGCOMPUTING LLC") for web hosting services.  You certify that you are at least 18 years of age.  To become a JKGCOMPUTING LLC accountholder, you must read and agree to be bound by all terms and conditions of this Agreement, the fee schedules on the hosting page (http://www.JKGCOMPUTING LLC/hosting.htm) and any policies that are or may be published by JKGCOMPUTING LLC.  This Agreement will become effective when accepted by JKGCOMPUTING LLC.  By posting notice 30 days in advance JKGCOMPUTING LLC may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered.  You will be bound by the modified Agreement, prices and/or policies if you continue to use the services.

1. Scope of Services and Your Obligations

1.1. This Agreement defines the terms and conditions of JKGCOMPUTING LLC's services as offered by JKGCOMPUTING LLC and used by you, including the provision of web hosting services on JKGCOMPUTING LLC‘s dedicated servers and connectivity to the Internet (the "Services").  JKGCOMPUTING LLC will provide the Services for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement.  In performing the Services, JKGCOMPUTING LLC maintains control and ownership of any and all Internet protocol ("IP") numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.

1.2. You are responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets and applications (the "Upload Materials") to your website, and you hereby warrant that all Upload Materials shall be owned or properly licensed by you and shall not adversely impact the Services or violate any rights of any third parties.  You are responsible for ensuring that all Upload Materials will function properly and as intended.  You are responsible for all activity originating from your website, unless proven to be a victim of outside hacking or address forgery.  You assume responsibility for all material on your website that may be put on by a third party (such as the usage of Free For All links pages).  Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your website, and includes, but is not limited to, the following: web publishing requires knowledge of HTML, properly locating and linking documents, FTPing web contents, graphics, text, sound, image mapping, etc. You acknowledge that you have the necessary knowledge to create, modify and maintain your website.  JKGCOMPUTING LLC assumes no responsibility to provide you with such knowledge.

1.3. In connection with the Services, JKGCOMPUTING LLC may provide for your use certain tools and software, including, but not limited to, certain specialty scripting software and/or certain programming language software for designing websites (collectively, the "Tools").  These Tools are copyrighted and proprietary property owned JKGCOMPUTING LLC.  To the extent that such Tools are provided to you, you are granted a nonexclusive, nontransferable license to use the Tools in object-code form only for your internal use, solely in connection with the Services provided under this Agreement.

1.4. During the period that JKGCOMPUTING LLC provides the Services to you, you hereby grant to JKGCOMPUTING LLC a nonexclusive, royalty-free, worldwide right and license to digitally display and host your website and its content, and to use its trademarks, service marks, trade names, logos and other commercial or product/service designations in connection with the website and such Services.

1.5. JKGCOMPUTING LLC reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary.  JKGCOMPUTING LLC will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of.  It is not JKGCOMPUTING LLC‘s intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.

1.6. You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that JKGCOMPUTING LLC is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512.  Consistent with the DMCA, JKGCOMPUTING LLC will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, JKGCOMPUTING LLC has a policy of terminating accountholders who are repeat copyright infringers.

1.9. Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics.  Neither the content of websites located on JKGCOMPUTING LLC’s servers nor the links to other websites are screened, approved, reviewed or endorsed by JKGCOMPUTING LLC.  JKGCOMPUTING LLC is not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider.  The text and other material on such websites are the opinion of the specific author and are not JKGCOMPUTING LLC‘s statements of advice, opinion or information.

2. Limited Warranty; Limitation of Liability; Indemnification

2.1. Limited Warranty.  You acknowledge that the Services are provided "as is."  Neither JKGCOMPUTING LLC, nor any of its employees or agents, warrants that the Services will be uninterrupted, error free or free from viruses or other harmful components.  JKGCOMPUTING LLC is not responsible for and hereby disclaims any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, noninfringement, merchantability or fitness for a particular purpose of information available on its servers or residing on or passing through its interconnecting networks.  Use of information obtained from or through the Services is at your risk.  Under no circumstances will JKGCOMPUTING LLC be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services.

2.2. Limitation of Liability.  IN NO EVENT SHALL JKGCOMPUTING LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE JKGCOMPUTING LLC‘S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY JKGCOMPUTING LLC’S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN JKGCOMPUTING LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL JKGCOMPUTING LLC’S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO JKGCOMPUTING LLC FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS.  TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES JKGCOMPUTING LLC’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

2.3. Indemnification.  You agree to indemnify, defend and hold JKGCOMPUTING LLC and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto JKGCOMPUTING LLC’s servers.  Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to JKGCOMPUTING LLC‘sequipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by JKGCOMPUTING LLC’s gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

3. Governing Law; Jurisdiction; Waiver of Trial by Jury.

THIS AGREEMENT AND ALL RIGHTS HEREUNDER SHALL BE GOVERNED BY THE INTERNAL LAWS OF THE STATE OF MINNESOTA, WITHOUT REGARD TO SUCH STATE'S POLICIES RELATING TO CONFLICT OF LAWS.