THE SUBMISSION (INCLUDING, WITHOUT LIMITATION, CLICKING THE “CONTINUE”,  “CHECKOUT”, “PURCHASE” AND/OR “SUBMIT” BUTTON IN THE ORDER FORM ON THE Transolutions WA™ WEB SITE) OF THE CUSTOMER'S ORDER WILL CONSTITUTE THE CUSTOMER'S ACCEPTANCE OF THESE TERMS AND CONDITIONS.

This agreement (“Terms and Conditions”), in addition to any other specific agreement between Transolutions WA (“Transolutions WA™”) and the customer (“the Customer”), represents the complete understanding and agreement between Transolutions WA™ and Customer. This Terms and Conditions agreement supersedes any other written agreement including, without limitation, digitized, computerized, oral agreement, and/or agreement by conduct, except when expressly agreed to the contrary in writing by Transolutions WA™.

Upon notice published on Transolutions WA™ web site, Transolutions WA™ may change or discontinue any provision of this Terms and Conditions agreement from time to time, including, without limitation, all services provided by Transolutions WA™, pricing, equipment, services and products. Any such change or discontinue of any provision will legally bind the Customer from the time Transolutions WA™ publishes notice of the change on the Transolutions WA™ Web Site. It is the Customer's sole responsibility to ensure that the Customer is up to date on the most current version of the Terms and Conditions agreement.

In accordance with the Terms and Conditions, Transolutions WA™ will provide services to the Customer in exchange for fees and full compliance with the following Terms and Conditions:

1.       Provision of Transolutions WA™ Services   

a.        Transolutions WA™ Services Defined. " Transolutions WA™  Services" include, without limitation, the following:

                                                         i.            any act by Transolutions WA™ of serving the Customer regardless of duration and whether or not paid for;

                                                        ii.            any act of setting up, connecting, maintaining, terminating, or reconnecting the "Customer's Account" (see section 1.b.);

                                                      iii.            any use by the Customer of computing, telecommunications, software, information, hardware, and equipment provided by Transolutions WA™;

                                                      iv.            any act, or provision of any service, by Transolutions WA™ related to web hosting (including, without limitation, server usage and technical support);

                                                        v.            any provision by Transolutions WA™, and any use or occupation by the Customer, of space, Internet connectivity, or electrical power;

                                                      vi.            any access to computing, telecommunications, software, information, hardware, and equipment provided to Customer by others affiliated with Transolutions WA™ via the world wide web and Internet;

                                                     vii.            any aspect related to the Transolutions WA™ web site, including the Transolutions WA™ web site itself;

                                                   viii.            any act by Transolutions WA™ related to the submission and/or registration of a domain name for the Customer;

                                                      ix.            any other service mentioned in the Terms and Conditions agreement;

                                                        x.            any other service provided by Transolutions WA™ to the Customer;

                                                      xi.            any other service provided by Transolutions WA™ and used by the Customer.

b.        Customer's Account Defined. "Customer's Account" means the space on the particular web server that Transolutions WA™ provides to the Customer in Transolutions WA™ provision of Transolutions WA™ Services to the Customer.

c.        Amendment of Fees & Charges. Upon thirty (30) days notice, Transolutions WA™ may amend the fees and/or charges for any Transolutions WA™ Service.

d.        Domain Name Submissions and Registration. Transolutions WA™ Services related to the registration of a domain name is limited to the submission of the registration request to the appropriate registrar. Please note that each individual domain name constitutes a single submission. It is the Customer's sole responsibility to provide accurate domain name spelling and contact information.

e.        Registry/Registrars' Terms & Conditions. Upon the Customer's registration of a domain name with any registry, the Customer will also be subject to the terms and conditions of the domain name dispute policy.

f.         Management & Backup of Data. The Customer is solely responsible for the management and backup of all the Customer data, and all updates, upgrades, and patches to any software that the Customer uses in connection with Transolutions WA™ Services.

g.        Maintenance Windows. Transolutions WA™ reserves the right to conduct an emergency maintenance window at any time. During an emergency maintenance window, any or all Transolutions WA™ Services may be unavailable.

h.        License to Occupy Only. The Customer acknowledges and agrees that any provision of web hosting by Transolutions WA™ to the Customer grants the Customer only a license to occupy the space on a web server, and that the Customer has no real property interest in the space, software, web server and equipment. Payment by the Customer for web hosting does not create or vest in the Customer (or in any other party) any leasehold estate, easement, ownership interest, or other proprietary right or interest of any nature in any part of Transolutions WA™ premises or facilities including, without limitation, the space, software, web server and equipment.

2.       USE OF MATERIALS & CONFIDENTIALITY

a.        Public Domain Materials Defined. "Public Domain Materials" means materials (including, without limitation, information, artwork, images, pictures, text, video, audio, and programs) that are not subject to copyright, trademark, service mark, or any other intellectual property right restrictions or prohibitions. Except when prohibited by law, Public Domain Materials may be downloaded or uploaded using Transolutions WA™  Services. The Customer assumes all risks regarding the determination of whether or not any material is Public Domain Material.

b.        Use of Copyrighted Materials. As provided by United States , Canadian federal law and international treaties, copyrighted materials may not be uploaded using Transolutions WA™ Services without the express written permission of the copyright holder. Copyrighted materials may be downloaded using Transolutions WA™ Services FOR PERSONAL, NON-COMMERCIAL, NON-PROFIT USE ONLY. Except as expressly permitted by law, copyrighted materials may not be distributed to others. The Customer may not change copyrighted materials and notices, including, without limitation, any author attribution notice.

c.        Confidential Information Defined. "Confidential Information" means any information disclosed by Transolutions WA™ to the Customer, either directly or indirectly, in writing, orally, or by inspection of tangible objects (including, without limitation, documents, prototypes, samples, plant, and equipment), which is designated as "Confidential," "Proprietary," or some other similar designation either (a) in writing, (b) orally, or (c) by any other means. Confidential Information will not include any information which: (i) is publicly known and made generally available through no fault or breach on the part of the Customer or any third party; (ii) is obtained by the Customer from a third party without a breach of such third party's obligations of confidentiality; (iii) is independently developed by the Customer without use of or reference to the Confidential Information; or (iv) is required by law to be disclosed by the Customer, provided that the Customer gives Transolutions WA™ prompt written notice of such requirement prior to such disclosure, and assistance in obtaining an order protecting the information from public disclosure.

d.        Disclosure of Confidential Information. The Customer must not use, disclose, publish or disseminate any of Transolutions WA™ Confidential Information to anyone other than those of the Customer's employees or contractors (if any) on a need-to-know basis, and the Customer agrees to take all reasonable precautions to protect the secrecy of and to prevent any unauthorized use, disclosure, publication, or dissemination of the Confidential Information. Without limiting the scope of the foregoing, the Customer will take at least those measures that the Customer takes to protect the Customer's own most highly confidential information and will ensure that any of the Customer's employees, consultants, or other third parties who have access to Transolutions WA™ Confidential Information have signed a non-use and non-disclosure agreement in content at least as restrictive as the provisions hereof, prior to any disclosure of the Confidential Information to such employees, consultants, or other third parties. The Customer further agrees not to use the Confidential Information otherwise for the Customer's own, or any third party's, benefit without the prior written approval of an authorized representative of Transolutions WA™ in each instance. The Customer will not make any copies of Transolutions WA™ Confidential Information unless the same are previously approved by Transolutions WA™ in writing. The Customer will reproduce Transolutions WA™ proprietary rights notices on any such approved copies, in the same manner in which such notices were set forth in or on the original. The Customer will not commit or permit the reverse engineering, reverse assembling, disassembling, reverse compiling, or de-compiling, or any attempt to derive source code from, any prototypes, hardware, software or any other tangible objects which embody Transolutions WA™ Confidential Information.

e.        Trademark & Copyright: All trademarks and logos contained in any and all materials and information are the property of Transolutions WA™. Use of such trademarks, logos, or copyrighted materials are strictly prohibited without the prior permission for use from the rightful owners.

3.       USE OF Transolutions WA™ SERVICES

a.        Customer's Account. Only the Customer may use the Customer's Account. The Customer may not sell, lease, rent, or assign, in any way, any part or whole of the Customer's Account and/or Transolutions WA™  Services to any party, unless the Customer obtains Transolutions WA™ prior written consent or the Customer has entered into a valid Reseller Agreement with Transolutions WA™.

b.        Customer's Password. The Customer agrees to maintain a secure password ("Customer's Password") to the Customer's Account. A secure password is one that is minimum six (6) characters long, contains upper and lower case letters, contains numbers or other characters, and can not be found in direct or reverse order in a dictionary, without regard to the language of the dictionary. The Customer is solely responsible for changing the Customer's Password as required to ensure secure access to the Customer's Account. The Customer is also solely responsible for ensuring the confidentiality and secrecy of the Customer's Password.

c.        Transolutions WA™ Right of Refusal & Termination. Transolutions WA™ may, at its sole discretion, refuse Transolutions WA™ Services to any Customer, whether new or existing, and/or terminate the supply of Transolutions WA™  Services to the Customer, without any prior notice, if Transolutions WA™  deems the Customer to be in violation of the Terms and Conditions, notwithstanding that the Customer may be in breach of any other agreement by complying with the Terms and Conditions.

d.        Customer's Lawful Use. The Customer agrees to use the Transolutions WA™  Services as permitted by applicable laws, including, without limitation, local, provincial, state, and federal laws. The Customer agrees that the Customer may NOT use Transolutions WA™ Services to conduct or solicit any business or activity that is prohibited by law, libelous, or against any Transolutions WA™  policy.

e.        Customer's Warranty, Liability, & Indemnification. The Customer is solely responsible for any legal liability arising out of, or relating to, the Customer's use of Transolutions WA™ Services. The Customer represents and warrants to Transolutions WA™ that the Customer holds the necessary rights to use, or permit to use, any item used through any Transolutions WA™ Service, and that the use, reproduction, distribution, transmission, or display of any data to the public, and any material to which the public can link or access, or any aspect of Transolutions WA™ Services made available to the public through the Customer, will NOT:

                                                         i.            violate or potentially violate any right of any third party, including, without limitation, infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary right;

                                                        ii.            constitute or potentially constitute violations such as, without limitation, false advertisement, unfair competition, defamation, invasion of privacy, invasion of rights, and discrimination;

                                                      iii.            cause or potentially cause a business dispute or a personal dispute;

                                                      iv.            contain any material that is unlawful, harmful, fraudulent, libelous, slanderous, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, or hateful;

                                                        v.            contain any material that is racially, ethnically, disputatiously, argumentatively, or otherwise objectionable; or

                                                      vi.            contain any other material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law, including, without limitation, local, provincial, state, national, international, or any other laws.

The Customer agrees to indemnify and hold Transolutions WA™, any third party entity related to Transolutions WA™ (including, without limitation, third party vendors), and Transolutions WA™ executives, directors, officers, managers, employees, consultants, agents, parent companies, and subsidiaries harmless from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of action, including, without limitation, any and all legal fees and expenses arising out of or relating to the Customer's breach of any of the representations or warranties herein, or any other third party claim with respect thereto.

f.         Other Organizations' Permission & Policies. The Customer's use of networks, computing resources, or other services from other organizations is also subject to those organizations' respective permission and usage policies.

g.        Customer's Prevention of Corruption. The Customer must actively endeavor to prevent any corruption of Transolutions WA™ systems, including, without limitation, viruses. Transolutions WA™ reserves the right to run anti-virus programs, at Transolutions WA™ sole discretion, to minimize potential and actual damages.

h.        Other Prohibited Conduct. The Customer must not commit or permit any reverse engineering, reverse assembling, disassembling, reverse compiling, or de-compiling, or any attempt to derive source code from, any prototypes, hardware, software, or other tangible objects provided to the Customer by Transolutions WA™.

i.         Third Party Services or Products. The Customer acknowledges and agrees that any recommendation made by Transolutions WA™ employees for services or products ancillary to Transolutions WA™ Services are the recommendations of that employee only and not of Transolutions WA™. Transolutions WA™ does not warrant the integrity or quality of the services or products provided by such third parties. The Customer agrees to hold Transolutions WA™, any third party entity related to Transolutions WA™  (including, without limitation, third party vendors), and Transolutions WA™ executives, directors, officers, managers, employees, consultants, contractors, agents, parent companies, and subsidiaries harmless from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of action, including, without limitation, any and all legal fees and expenses arising out of or related to the Customer's reliance on any recommendation made by a Transolutions WA™ employee regarding services or products ancillary to Transolutions WA™ Services.

j.         Domain Name Submissions. In the case of a domain name registration, the Customer agrees that by submitting an application for a domain name registration, the Customer warrants that the information submitted therein is true and correct, and that any future changes to this information will be provided to the appropriate registry in a timely manner. The Customer also acknowledges and agrees that any submission of an application for a domain name registration does not confer immunity from objection to either the registration or use of the domain name. It is the Customers responsibility to keep registrant contact information for a domain name registration such as email address, telephone numbers and mailing address current and accurate. Transolutions WA™ is not responsible for lose of domain name registration due to non renewal.

3.       INDEMNIFICATION
The Customer agrees to protect, defend, hold harmless, and indemnify Transolutions WA™, any third party entity related to Transolutions WA™  (including, without limitation, third party vendors), and Transolutions WA™  executives, directors, officers, managers, employees, consultants, agents, parent companies, and subsidiaries from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses arising out of or resulting from Customer's use of Transolutions WA™  Services.

4.       LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL Transolutions WA™, Transolutions WA™ EXECUTIVES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Transolutions WA™ SERVICES BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUE DECREASE, EXPENSE INCREASE, COST OF SUBSTITUTE PRODUCTS AND/OR Transolutions WA™ SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY Transolutions WA™ SERVICES EVEN IF Transolutions WA™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Transolutions WA™ TOTAL CUMULATIVE LIABILITY, IF ANY, TO THE CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TERMS AND CONDITIONS, AND THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, ANY ACT OR OMISSION BY TRANSOLUTIONS WA™ OR TRANSOLUTIONS WA™ REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE SETUP FEE OR THE MONTHLY FEE PAID BY THE CUSTOMER FOR Transolutions WA™ SERVICES.

5.       DISCLAIMER

a.        Changes, Modifications, & Backup of Data. THE CUSTOMER AGREES THAT Transolutions WA™ MAY DISCONTINUE, UPGRADE, REPLACE, MODIFY, OR CHANGE IN ANY WAY, WITHOUT LIMITATION, ANY SOFTWARE, APPLICATION, PROGRAM, DATA, HARDWARE, EQUIPMENT, OR PORTIONS OR COMPONENTS THEREOF, USED TO PROVIDE THE CUSTOMER WITH Transolutions WA™ SERVICES. THE CUSTOMER UNDERSTANDS, AGREES, AND ACKNOWLEDGES THAT CERTAIN CHANGES TO THE Transolutions WA™ SERVICES MAY AFFECT THE OPERATION OF THE CUSTOMER'S PERSONALIZED APPLICATIONS AND CONTENT. Transolutions WA™ MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE PERFORMANCE, CONDITION, OR EXISTENCE OF ANY OF THE CUSTOMER'S PERSONALIZED APPLICATIONS AND CONTENT. THEREFORE, THE CUSTOMER AGREES THAT THE CUSTOMER IS SOLELY RESPONSIBLE FOR ANY OF THE CUSTOMER'S PERSONALIZED APPLICATIONS AND CONTENT, INCLUDING, WITHOUT LIMITATION, THE MANAGEMENT AND BACKUP OF ALL THE CUSTOMER DATA.

b.        Systems Information. THE CUSTOMER ACKNOWLEDGES THAT Transolutions WA™ MAKES A REASONABLE EFFORT TO KEEP THE INFORMATION AVAILABLE ON Transolutions WA™ SYSTEMS ACCURATE. HOWEVER, Transolutions WA™ MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY, OR VALIDITY OF THE DATA AND/OR INFORMATION AVAILABLE. USE OF INFORMATION OBTAINED FROM OR THROUGH Transolutions WA™ IS AT THE SOLE RISK OF CUSTOMER.

c.        Interconnecting Networks Information. The CUSTOMER ACKNOWLEDGES THAT THE DATA AND/OR INFORMATION AVAILABLE THROUGH THE INTERCONNECTING NETWORKS MAY NOT BE ACCURATE, AND THAT Transolutions WA™ HAS NO ABILITY OR AUTHORITY OVER THE DATA AND/OR INFORMATION. Transolutions WA™ MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY, OR VALIDITY OF THE DATA AND/OR INFORMATION RESIDING ON OR PASSING THROUGH THE INTERCONNECTING NETWORKS. USE OF DATA AND/OR INFORMATION OBTAINED FROM OR THROUGH Transolutions WA™  SERVICES IS AT THE SOLE RISK OF THE CUSTOMER.

d.        Third Party Licenses. THE CUSTOMER UNDERSTANDS, AGREES, AND ACKNOWLEDGES THAT Transolutions WA™ MAKES A REASONABLE EFFORT TO PROVIDE THE CUSTOMER WITH TECHNOLOGIES, DEVELOPMENTS, AND INNOVATIONS (COLLECTIVELY "TECHNOLOGIES"), PART OF WHICH ARE BEING LICENSED OR CO-BRANDED FROM OR BY THIRD PARTY ENTITIES. HOWEVER, Transolutions WA™ MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY, RELIABILITY, VALIDITY, OR CONTINUED EXISTENCE OF ANY AND ALL ASPECTS OF SUCH TECHNOLOGIES. MOREOVER, Transolutions WA™ SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE FOR SUCH TECHNOLOGIES. FURTHERMORE, THE CUSTOMER WILL NOT HOLD Transolutions WA™, ANY THIRD PARTY ENTITY RELATED TO Transolutions WA™ (INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS), OR Transolutions WA™ EXECUTIVES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS, AGENTS, PARENT COMPANIES, AND SUBSIDIARIES LIABLE IN ANY WAY FOR THE REVOCATION OF ANY LICENSE, WHICH HAS BEEN LICENSED TO Transolutions WA™ FROM OR BY THIRD PARTIES, THAT RESULTS IN ANY ACTUAL OR POTENTIAL HARM, DAMAGE, COST, EXPENSE, OR OTHERWISE TO THE CUSTOMER, THE CUSTOMER'S BUSINESS, THE CUSTOMER'S AFFILIATES, THE CUSTOMER'S CUSTOMERS, OR ANYONE OR ANYTHING RELATED TO THE CUSTOMER. THE USE OF THE TECHNOLOGIES OBTAINED FROM OR THROUGH Transolutions WA™, OR ANY OTHER REFERRED THIRD PARTY, WHETHER DIRECTLY OR INDIRECTLY, IS AT THE SOLE RISK OF THE CUSTOMER.

e.        Non- Transolutions WA™ Products. THE CUSTOMER ACKNOWLEDGES THAT ANY MENTION OF NON- Transolutions WA™ PRODUCTS OR SERVICES BY Transolutions WA™, ANY THIRD PARTY ENTITY RELATED TO Transolutions WA™ (INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS), OR Transolutions WA™  EXECUTIVES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS, AGENTS, PARENT COMPANIES, AND/OR SUBSIDIARIES, IS FOR INFORMATION PURPOSES ONLY, AND DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY Transolutions WA™ OR THE INDIVIDUALS AND ENTITIES LISTED IN THIS SECTION. Transolutions WA™  DISCLAIMS ANY AND ALL LIABILITIES FOR ANY REPRESENTATION OR WARRANTY MADE BY THE VENDORS OF SUCH NON- Transolutions WA™ PRODUCTS AND/OR Transolutions WA™ SERVICES.

f.         Web Site. THE SERVICES, INFORMATION, AND DATA (COLLECTIVELY THE "INFORMATION") MADE AVAILABLE ON THE Transolutions WA™ WEB SITE ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND. Transolutions WA™ EXPRESSLY DISCLAIMS ANY REPRESENTATION AND WARRANTY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Transolutions WA™ WILL HAVE ABSOLUTELY NO LIABILITY IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGE TO THE WEB SITE USER'S COMPUTER, ANY HARDWARE, DATA, INFORMATION, MATERIALS, AND BUSINESS RESULTING FROM THE INFORMATION, OR THE LACK OF INFORMATION, AVAILABLE ON THE WEB SITE. Transolutions WA™ WILL HAVE NO LIABILITY FOR:

                                                         i.            ANY AND ALL LOSSES OR INJURIES CAUSED, IN WHOLE OR IN PART, BY Transolutions WA™ ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR CONTINGENCIES BEYOND Transolutions WA™ CONTROL IN PROCURING, COMPILING, OR DELIVERING THE INFORMATION;

                                                        ii.            ANY AND ALL ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF THE INFORMATION; OR

                                                      iii.            ANY DECISION MADE, OR ACTION TAKEN OR NOT TAKEN, IN RELIANCE UPON THE INFORMATION FURNISHED ON THE WEB SITE.

Transolutions WA™ MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE INFORMATION ON THE Transolutions WA™ WEB SITE, OR THAT THE INFORMATION IS RELIABLE FOR ANY REASON. Transolutions WA™ MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT THE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS CAN BE CORRECTED. FOR THE PURPOSES OF THIS SECTION, " Transolutions WA™ " INCLUDES, WITHOUT LIMITATION, Transolutions WA™ DIVISIONS, SUBSIDIARIES, SUCCESSORS, PARENT COMPANIES, AND THEIR (INCLUDING Transolutions WA™) EXECUTIVES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE.

7.       PAYMENT, PENALTIES, & APPLICABLE TAXES

a.        Billing Cycle Defined. Transolutions WA™ provision of Transolutions WA™ Services to the Customer for one (1), (3) 0r (12) months will constitute a "Billing Cycle," which will begin on the day the plan is purchased, and end on the same day, of each calendar billing cycle month. The Billing Cycle will continue to renew each calendar billing cycle month until Transolutions WA™ receives a "Not-to-Renew Request" (see section 9.) from the Customer. Transolutions WA™ reserves the right to modify the Billing Cycle, at any time and without prior notice, so that the Customer may be billed for Transolutions WA™ Services more or less frequently.

b.        Initial Billing Cycle. The initial Billing Cycle will commence on the earlier of the day Transolutions WA™ receives from the Customer an electronic order form and payment for Transolutions WA™ Services.

c.        Payment Due. The Customer must ensure that Transolutions WA™ receives full payment for Transolutions WA™ Services on the day of each recurring Billing Cycle, including the initial Billing Cycle. The Customer is solely responsible for ensuring that his credit card is valid and contains funds on the customers credit card to ensure Transolutions WA™ receives payment on the applicable recurring billing date. Transolutions WA™ will not provide the Customer with Transolutions WA™ Services until Transolutions WA™ receives full payment.

d.        Methods of Payment. Methods of payment accepted by Transolutions WA™ are credit card only.

e.        Overages. Transolutions WA™ will charge the Customer for any "Overages", including, without limitation, excessive monthly data transfer use (which is any use of monthly data transfer above the allowance specified in the Customer's particular hosting service plan). The Customer is solely responsible for preventing any and all Overages on a daily basis. The Customer acknowledges that Transolutions WA™ has no obligation to warn the Customer about any pending or actual Overage.

f.         Delinquent Customer's Account. The Customer's Account will be deemed "Delinquent" if Transolutions WA™ does not receive payment for Transolutions WA™ Services within fifteen (15) days after the commencement of a Billing Cycle.

g.        Penalties for Delinquent Customer's Account. A Customer's Account that is Delinquent is put on hold and may not be used. Delinquent Customer's Account will have visitors redirected from the Customer's web site to Transolutions WA™ Web site. A Delinquent Customer's Account that is unpaid for thirty (30) days after the commencement of a Billing Cycle, at Transolutions WA™ sole discretion, have any or all files archived. Delinquent Customer's Accounts that are unpaid for anytime up to thirty (30) days or more after the commencement of a Billing Cycle may, at Transolutions WA™ sole discretion, have any or all files purged. The Customer's Account will continue to accrue charges while the Customer's Account is on hold.

h.        Reconnection Charge. The Customer must pay a service reconnection charge of fifty U.S. dollars ($50.00USD) to remove the hold on the Customer's Account and to remove the Customer's Account from Delinquent status.

i.         Applicable Taxes. Transolutions WA™ will charge the Customer, and the Customer must pay to Transolutions WA™, all applicable taxes, including, without limitation, any retroactive tax on past fees or charges (whether already paid or not) in cases where Transolutions WA™ is under a legal obligation to collect such tax from the Customer. The Customer is solely responsible for any and all other taxes, which the Customer is under a legal obligation to pay.

8.       "NOT-TO-RENEW" Requests

a.        Automatic Renewal. The Terms and Conditions will bind the Customer, and the Customer will be deemed to have accepted the Terms and Conditions, upon Transolutions WA™ receipt of the Customer's electronic order form, or upon any use by the Customer of any Transolutions WA™ Service. The Terms and Conditions, and the business arrangement between the Customer and Transolutions WA™ as set out herein, will automatically renew, upon expiration, upon recurring billing cycle for the applicable period until the Customer makes a proper "Not-to-Renew Request." 

b.        Not-to-Renew Request Defined. "Not-to-Renew Request" means the Customer's request to Transolutions WA™ to cease the provision of Transolutions WA™ Services for the particular Customer's Account.

c.        Monthly Basis. If the Customer pays on a MONTHLY BASIS ONLY, a Not-to-Renew Request for the Customer's Account must be given by writing via facsimile, first class postal service (postage prepaid), or by prepaid overnight commercial courier delivered to Transolutions WA™ Customer Support Department (address available on the Web Site). The Customer may also make a Not-to-Renew Request by telephone call to Transolutions WA™ Customer Support Department during the hours of 8:00 a.m. Western Australian to 5:00 p.m. Western Australian, Monday to Friday (excluding holidays). CHARGES ARE NOT PRO-RATED WHEN CUSTOMER TERMINATES CUSTOMER'S ACCOUNT WITH TRANSOLUTIONS WA™.

d.        Non-Monthly Basis. If the Customer pays on a NON-MONTHLY BASIS ONLY (three (3), or twelve (12) months), a Not-to-Renew Request for the Customer's Account must be given by writing via facsimile, first class postal service (postage prepaid), or by prepaid overnight commercial courier delivered to Transolutions WA™ Customer Support Department (address available on the Web Site). The Customer may also make a Not-to-Renew Request by telephone call to Transolutions WA™ Customer Support Department during the hours of 8:00 a.m. Western Australian to 5:00 p.m. Western Australian, Monday to Friday (excluding holidays). The Not-to-Renew Request must be received by Transolutions WA™ before 5:00 p.m. Western Australian, fifteen (15) days before the anniversary date of the Customer's Account in order for the Not-to-Renew Request to be processed before such anniversary date; otherwise, Transolutions WA™ will automatically renew the Customer's Account, and the Customer will be bound and responsible, for the next applicable period. CHARGES ARE NOT PRO-RATED WHEN THE CUSTOMER TERMINATES CUSTOMER'S ACCOUNT WITH TRANSOLUTIONS WA™.

e.        Full Payment Requirement. The Customer's Account must be PAID IN FULL before any Not-to-Renew Request will be considered effective.

f.         30-Day Money Back Guarantee. Transolutions WA™ will provide the Customer a thirty (30) day money back guarantee. The thirty (30) day period will commence on the earlier of the day Transolutions WA™ receives from the Customer an electronic order form or an order form. For web hosting plans pre-paid quarterly (3 months) or annually (12 months), the full pre-payment amount minus any setup fees and overages will be refunded if Transolutions WA™ is notified within the first 30 days from the date the hosting plan was ordered. No refund is available after the 30th day. This service guarantee does not apply to any add-ons or additional services such as data transfer overages, disk space, MS SQL or MySQL database and storage, pop3 email accounts, domain name registrations and SSL Certificates. Cancellation Request for the Customer's Account must be given by writing via facsimile, first class postal service (postage prepaid), or by prepaid overnight commercial courier delivered to Transolutions WA™ Customer Support Department (address available on the Web Site). The Customer may also make a Cancellation Request by telephone call to Transolutions WA™ Customer Support Department during the hours of 8:00 a.m. Western Australian to 5:00 p.m. Western Australian, Monday to Friday (excluding holidays). Cancellations must be requested within the first 30 days from the date the hosting plan was ordered. E-mail requests will not constitute acceptance of any cancellation.

9.       CUSTOMER'S ABUSE & BREACH

a.        Abuse Defined. Any "abuse" of Transolutions WA™ Services is a breach of the Terms and Conditions. Abuse includes, without limitation, the Customer's use of Transolutions WA™ Services that disrupts the normal use of Transolutions WA™ Services for other Transolutions WA™ the customers. Determination of what constitutes an abuse of Transolutions WA™ Services will be at the sole discretion of Transolutions WA™. Some examples of abuse of Transolutions WA™ Services include, without limitation, spawning processes, consuming excessive amounts of memory or CPU, spamming or mass e-mailing. Without limiting the scope of the foregoing, Transolutions WA™ forbids the storage of illegal or pirated software, the use of any type of IRC bot and/or proxy (including, without limitation, "bnc" and "eggdrop"), the storage or use of any type of software intended for hacking or cracking purposes, and the storage or sale of unsolicited bulk e-mail lists intended for spamming or resale purposes.

b.        Disciplinary Measures. Depending on the nature and the severity, the Customer's abuse of Transolutions WA™ Services is cause for Transolutions WA™ to implement, at Transolutions WA™ sole discretion, disciplinary measures, including, without limitation, warning, suspension, or termination of the Customer's Account and all provision of Transolutions WA™ Services to the Customer. If the Customer has been suspended, and Transolutions WA™ chooses to rescind the suspension, Transolutions WA™ may, at its sole discretion, charge the Customer a reconnection charge before Transolutions WA™ will provide any further Transolutions WA™ Services to the Customer. If a Customer’s Account has been suspended or placed on any kind of hold whatsoever by Transolutions WA™, that the Customer’s Account will have visitors redirected from the Customer’s web site to Transolutions WA™ web site.

c.        Misclassification. The Customer acknowledges that the Customer's activity may be misclassified as abuse. A Customer who believes that the Customer's activity has been misclassified may appeal to Transolutions WA™ Technical Support Manager. Determination of whether or not the Customer's activity is abuse is at Transolutions WA™ sole discretion.

d.        Right to Terminate. IF TRANSOLUTIONS WA™ DEEMS THE CUSTOMER TO BE INVOLVED, IN ANY WAY, IN SPAMMING ACTIVITIES, TRANSOLUTIONS WA™ RESERVES THE RIGHT TO IMMEDIATELY TERMINATE TRANSOLUTIONS WA™ SERVICES TO THE CUSTOMER.

e.        Breach of the Terms and Conditions. Unethical activities and criminal offenses are breaches of the Terms and Conditions. The Customer agrees to report to Transolutions WA™ any breach of the Terms and Conditions by either the Customer or any other Transolutions WA™ customer. If the Customer is unsure of whether or not a particular activity is unethical or criminal, the Customer must notify Transolutions WA™ and Transolutions WA™ will make such determination.

f.         Civil &/or Legal Liability for Breach. ANY BREACH OF THE TERMS AND CONDITIONS MAY RESULT IN CIVIL ACTION AND/OR LEGAL ACTION AND/OR CRIMINAL PROSECUTION.

10.    IP ADDRESSES
Transolutions WA™ maintains control and ownership of any and all IP numbers and IP addresses that may be assigned to the Customer, and Transolutions WA™ reserves the right to change or remove, at Transolutions WA™ sole discretion, any and all IP numbers and addresses.

11.    INTELLECTUAL PROPERTY

a.        IP Prohibition. The Customer must not, without Transolutions WA™ express written consent, copy, reproduce, or republish any material, in whole or in part, that is located on the Web Site, including, without limitation, Transolutions WA™ sales and marketing materials.

b.        Trademark & Copyright Prohibition. The Customer must not, without Transolutions WA™ express written consent, use any Transolutions WA™ trademark, service mark, or copyrighted material.

c.        Misrepresentation. The Customer must not, in any way, misrepresent the Customer's relationship with Transolutions WA™, attempt to pass itself off as Transolutions WA™, or claim that the Customer is Transolutions WA™.

12. CUSTOMER'S PRIVACY
    Transolutions WA™ takes reasonable measures to protect the Customer's privacy. Except under urgent or emergency circumstances, and/or as required by regulation, court order, official authority, police or other law enforcement authority, or any applicable law. The Customer's information or data collected will be used by Transolutions WA™ for purposes related to Transolutions WA™ Services including, without limitation, extending special offers to the Customer, and referral and/or agency commissions (including, without limitation, improvements). The Customer understands, acknowledges, and agrees that the Customer's administrative contact information in relation to the Customer's domain name registration is public information and Transolutions WA™ is not, and can not, be obligated to safeguard such information and data from any third party.  
    
    Under The Personal Information Protection and Electronic Documents Act which governs the collection, use and disclosure of personal information in the commercial sector, Transolutions WA™ is required to adhere to ten privacy principles set out in the National Standard of Canada, Model Code for the Protection of Personal Information effective January 1, 2001. It governs the behavior of employees and agents acting on Transolutions WA™ behalf when dealing with personal information. The purpose in which information is collected and used. It provides procedures for an individual’s access to and correction of personal information. Read Transolutions WA™ Privacy Policy located on the Transolutions WA™ Web site.
13. ASSIGNMENT AND AGENTS

a.        Assignment. The rights and liabilities of both the Customer and Transolutions WA™ (collectively "the Parties") under the Terms and Conditions will bind and inure to the benefit of the Parties' respective successors, executors, and administrators, as the case may be. However, the Customer may not assign or delegate the Customer's rights and obligations under any of the Customer's business relationships (including, without limitation, any contract, agreement, or business arrangement) with Transolutions WA™, either in whole or in part, without the prior written consent of Transolutions WA™. Transolutions WA™ may assign its rights and obligations under the Terms and Conditions to any third party in connection with a merger, acquisition, sale of all or substantially all of Transolutions WA™ assets, or any other corporate reorganization.

b.        Bound as Principal. The Customer agrees that the Customer will be bound as a principal to the Terms and Conditions even if any contract, agreement, or business arrangement, including, without limitation, an application for domain name registration or web hosting, is executed by an agent for the Customer.

14.    MINIMUM AGE REQUIREMENT

a.        Customer's Warranty. The Customer warrants that the Customer is at least 18 years of age.

b.        Parent or Guardian. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the Terms and Conditions in order for the Minor to become a Transolutions WA™ customer.

c.        Parent or Guardian Primarily Liable. A parent or guardian who accepts the Terms and Conditions on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the Terms and Conditions, including, without limitation, the timely and full payment of the charges for Transolutions WA™ Services.

d.        Continuation of Parent or Guardian's Liability. A parent or guardian who accepts the Terms and Conditions on behalf of a Minor will continue to be primarily liable for the obligations mentioned in the Terms and Conditions even when the Minor has attained the age of 18, unless Transolutions WA™ provides to such parent or guardian Transolutions WA™ express written consent to the contrary.

e.        Invalid Acceptance (Null & Void). ANY ACCEPTANCE OF THE TERMS AND CONDITIONS BY AN INDIVIDUAL UNDER THE AGE OF 18 WILL BE DEEMED INVALID AND THE TERMS AND CONDITIONS WILL BE DEEMED NULL AND VOID AS BETWEEN TRANSOLUTIONS WA™ AND THAT PARTICULAR INDIVIDUAL.

15.    GOVERNING LAW/SEVERABILITY
Any agreement, including, without limitation, the Terms and Conditions, arising from the business relationship between Transolutions WA™ and the Customer, will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without reference to its conflicts of laws principles. The Customer agrees that any litigation or arbitration between the Customer and Transolutions WA™ will take place in Ontario, Canada, and the Customer consents to personal jurisdiction and venue in Ontario, Canada. If any provision or portion of the agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that agreement will continue in full force and effect.

16.    MODIFICATION
Any waiver, modification, or amendment of any provision of the Terms and Conditions, initiated by the Customer, will be effective only if accepted in writing and signed by Transolutions WA™.

17.    SURVIVAL OF TERMS AND CONDITIONS
The following sections of this Terms and Conditions will survive the expiry or termination of this Terms and Conditions for any reason: 1(f); 1(h); 2; 3(e); 3(f); 3(j); 4; 5; 6; 11; 12; 14; 17.

18.    INDEPENDENT CONTRACTORS
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between the Parties. Each Party will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other Party, except as may be expressly provided herein.