THIS AGREEMENT BETWEEN 48th Ave Productions Inc. (hereinafter referred to as "48th Ave Productions") and Account Holder or Client (hereinafter referred to as "CLIENT")

AND WHEREAS CLIENT desires to subscribe to the Service on the terms and conditions contained herein;

NOW THEREFORE in consideration of the mutual covenants and agreements contained in this Agreement and other good and valuable consideration (the receipt and sufficiency of which are hereby irrevocably acknowledged by the parties) 48th Ave Productions and CLIENT agree as follows:

1. The Service. 48th Ave Productions agrees to provide CLIENT Internet consulting services or with storage space on the 48th Ave Productions server for the purpose of creating or hosting a world-wide-web site, page or pages (the "Site")

3. Limitations. The Service is subject to the following limitations:

CLIENT shall not include content, or internet links to content on the Site that contain, promote or involve any of the following:

i. any infringement of copyright, trademark, patent, trade secret or other intellectual property right;

ii. nudity or pornography;

iii. content that exploits children under 18 years of age;

iv. hate propaganda;

v. racist, threatening, or otherwise abusive content;

vi. the promotion or incitement of, or instruction for, the commission of illegal activities;

vii. mail fraud, multi-level marketing (pyramid) schemes or any other fraudulent activities;

viii. content promoted through the sending of unsolicited e-mail (also known as spamming);

ix. sending of unsolicited e-mail (spam) from the 48th Ave Productions server, or any other server that refers to content on the 48th Ave Productions server, or sending such e-mail with a 48th Ave Productions hosted Web site listed as the contact address. Additionally using 48th Ave Productions servers to send out newsletters, or any kind of bulk mailing - regardless of subscriber acceptance is strictly prohibited, and may lead to suspension of your account;

x. warez, cracks, hacks, spam software & their associated utilities;

xi. information or other material that contains a virus, corrupted data or any other harmful or damaging component;

Idem. CLIENT agrees that 48th Ave Productions is not responsible for content on pages hosted on member sites and acknowledges that 48th Ave Productions does not endorse or verify any such material;

Idem. CLIENT agrees to assume full responsibility for all files associated with the Site and acknowledges that CLIENT may be held legally accountable for the contents of the Site;

Backup and Monitoring. CLIENT is solely responsible for creating backups of any files associated with the Site and for monitoring the Site;

Notice to Officials. If 48th Ave Productions determines that law enforcement officials should be notified regarding potentially illegal content on the Site, CLIENT agrees that 48th Ave Productions may provide copies of CLIENT's web pages to the appropriate officials without notice to user. 48th Ave Productions will cooperate with all law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;

Policies and Guidelines. CLIENT agrees to abide by all policies or guidelines, together with any amendments thereto, set out, from time to time, by 48th Ave Productions anywhere on the site www.48thAve.com.

4. In the instance of 48th Ave Productions WEBMAIL, MESSAGIN SERVICE and or standard EMAIL, the following provisions apply:

Responsibility of the CLIENT. CLIENT is solely responsible for the content of their e-mail messages. CLIENT is not permitted to transmit messages on the E-mail service that (a) infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy; (b) violate any law, statute, ordinance or regulation; (c) are defamatory, trade libelous, threatening, abusive, or obscene in the opinion of 48th Ave Productions; (d) contain viruses or other similar harmful or deleterious programming routines; (e) contain links to any sites that include any of that kind of content; or (f) refer to or contain any matter referred to in paragraph 3d of this Agreement.;

Account Size. CLIENT's email box may store no more than 25 (twenty five) MB of email. When CLIENT's account approaches the maximum email box size, 48th Ave Productions shall notify CLIENT by email that CLIENT's account is approaching full capacity. If CLIENT does not subsequently delete email box contents to reduce email box size, then any further emails sent to CLIENT which results in CLIENT's email box exceeding maximum capacity will be returned to sender without notice to CLIENT.

Spamming is Prohibited. 48th Ave Productions will determine in its sole discretion whether any of the messages sent by CLIENT are considered as being spam. Spamming generally includes sending any form of email that can be interpreted as junk email or bulk email that the recipient has not specifically requested from CLIENT. 48th Ave Productions reserves the right to take legal and technical remedies to prevent CLIENT from sending spam. If CLIENT is found to be sending spam, CLIENT's account may be terminated without notice;

Privacy of CLIENT's Mailbox. 48th Ave Productions considers CLIENT's registration data and the content of all CLIENT's messages to be private. Messages that CLIENT sends will be received with CLIENT's name and Internet Protocol (IP) address contained within the header of the e-mail message. 48th Ave Productions will not intentionally monitor or disclose any of CLIENT's email messages or registration data unless 48th Ave Productions believes in good faith that 48th Ave Productions is required to do so (i) to enforce these Terms of Service, (ii) by law, (iii) to defend 48th Ave Productions in any action, or (iv) to protect 48th Ave Productions property. Additionally, CLIENT must agree to respect the privacy and confidentiality of others. Since privacy is, in part, a function of CLIENT's passwords, 48th Ave Productions encourages user to change passwords frequently and to not share them with anyone;

5. Amendments. CLIENT agrees to be bound by any amendments to this Agreement that are set out, from time to time, by 48th Ave Productions anywhere on the site www.48thAve.com.

6. No Representations or Warranties. The Service is offered on an "as is" basis without any representations or warranties of any kind either expressed or implied. For greater certainty and without limitation to the generality of the foregoing:

48th Ave Productions makes no representations, warranties or guarantees of any kind whether written or verbal regarding the reliability of the Site provided or any other services offered;

48th Ave Productions is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other reasons;

48th Ave Productions makes no representations, warranties or guarantees with regards to server reliability, speed or consistency;

48th Ave Productions makes no representations, warranties or guarantees as to the accurateness or correctness of any content on any of the Sites and is not responsible for any errors or omissions arising from the use of such information;

48th Ave Productions may link to or include on its Web resources, information provided by third party partners and providers. 48th Ave Productions does not guarantee or warrant the reliability of this information nor does 48th Ave Productions recommend any of these services;

CLIENT expressly agrees that use of the E-mail or Messaging service is at their sole risk. The E-mail or Messaging services are provided on an "as is" and "as available" basis. 48th Ave Productions may change the features or functionality of the E-mail services at any time, in our sole discretion. 48th Ave Productions expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;

48th Ave Productions makes no warranty the E-mailor Messaging service services will meet CLIENT's requirements, or that the E-mail or Messaging service services will be uninterrupted, timely, secure, or error free; nor does 48th Ave Productions make any warranty as to the results that may be obtained through the E-mail service or that defects in the software will be corrected;

CLIENT understands and agrees any material and/or data downloaded or otherwise obtained through the use of the E-mail service is done at their own discretion and risk and CLIENT will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data;

48th Ave Productions makes no warranty regarding any goods or services purchased or obtained through the E-mail service or any transactions entered into through the E-mail service; and

No advice or information, whether oral or written, which CLIENT obtains from 48th Ave Productions or through the E-mail services shall create any warranty not expressly made herein.

7. Limitation of Liability. 48th Ave Productions is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the 48th Ave Productions server; or losses or damages arising from the use of the content or services provided by 48th Ave Productions. For greater certainty and without limitation to the generality of the foregoing:

48th Ave Productions liability to CLIENT for actual damages for any cause whatsoever, regardless of the form of action will be limited to a maximum of the fees paid by CLIENT to 48th Ave Productions, if any, for the prior 1 months;

in no event will 48th Ave Productions be liable to CLIENT for any indirect, incidental, or consequential damages arising out of the Service or in connection with the Site or any other services or products provided to CLIENT;

48th Ave Productions, its officers, directors, owners, agents and employees, shall in no way be liable to CLIENT or anyone else for any loss or injury resulting from use of the Service or the Site;

in no event shall 48th Ave Productions be liable for any damages, whatsoever, as a result of the notifying of any official of potentially illegal content on the Site, providing copies of CLIENT's said Site to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;

In no event shall 48th Ave Productions be liable for any damages, whatsoever, as a result of the termination of this Agreement.

8. Indemnity. CLIENT agrees to indemnify and hold 48th Ave Productions harmless from and against, and to reimburse 48th Ave Productions with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees and costs of investigation) or every nature whatsoever incurred by 48th Ave Productions by reason of or arising out of or in connection with (i) any breach of this Agreement by CLIENT; (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual propriety right of any party by content on the Site; or (iv) illegal, libellous, or defamatory content on the Site.

9. Termination.

Either 48th Ave Productions or CLIENT may terminate this Agreement at any time upon providing five business days prior notice to the other party.

48th Ave Productions may terminate this Agreement, discontinue the Service and delete the Site at any time without notice to CLIENT in any of the following circumstances:

i. CLIENT violates any term of this Agreement, any municipal, provincial or federal laws or regulations, or any policy or guideline set out, from time to time, by 48th Ave Productions anywhere on the site www.48thAve.com;

ii. CLIENT engages in conduct or posts material on the Site that 48th Ave Productions in its sole discretion believes is harmful to other CLIENTs, the business of 48th Ave Productions or any third-party;

v. CLIENT engages in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the 48th Ave Productions server;

vi. CLIENT disputes the terms of this Agreement or any amendment set out, from time to time, by 48th Ave Productions anywhere on the site www.48thAve.com

vii. 48th Ave Productions receives any complaints regarding CLIENT or the Site from any other CLIENTs or third parties.

In the instance of 48th Ave Productions shared hosting or consulting services the following conditions apply:

1. Warranty and Assumption of Risk
   
   CLIENT uses 48th Ave Productions services at CLIENT's own risk. 48th Ave Productions makes no warranty expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. 48th Ave Productions shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. 48th Ave Productions has no control whatsoever and shall not be responsible to CLIENT for the content of any web site or for the content of any third-party material passing through or associated with CLIENT's web site, some of which may be illegal, inaccurate, adult in nature, harmful, or offensive.
   
   
2. Term of Contract, Termination, Renewal and Refund Policy
   
   a) Contracts on a recurring basis. CLIENT shall pay 48th Ave Productions recurring fees (hereinafter "Recurring Fees"), as outlined on CLIENT invoice. Pre-payment of recurring fees is due by the time stated on 48th Ave Productions 's invoice. Amounts past due may result in the termination of CLIENT's account. Taxes, special services and third party charges will be stated separately on the invoice. CLIENT shall pay all taxes, fees , and governmental charges. 48th Ave Productions may change prices without notice and it is the CLIENT's responsibility to check the website for updates. Grandfathered accounts will not be affected.
   
   b) All cancellations by CLIENT of service or changes in service must be done in writing to 48th Ave Productions. It can be done by email ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) or via regular postal mail to 48th Ave Productions, 1337 Fairfield Rd, Victoria , BC V8S 1E4, Canada.
   
   c) All payments are final and non refundable. CLIENT is responsible for reviewing all products, services and terms of use prior to making payments to ensure that products and services fully meet CLIENT requirements and expectations and any term outlined by agreements between 48th Ave Productions and CLIENT. Any disputes shall be submitted in writing to 48th Ave Productions by email  ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) or via regular postal mail to 48th Ave Productions, 1337 Fairfield Rd, Victoria , BC V8S 1E4, Canada. Legal fees incurred as a result of such disputes are the full responsibility of CLIENT.
   
   
3. Limitation of Liability
   
   In no event shall 48th Ave Productions or any of its officers, contractors, or employees be liable for any loss of profit or revenue by CLIENT or for any consequential, incidental, special or exemplary damages incurred or suffered by CLIENT, nor for any loss of power or heating, ventilation, and air conditioning interruption, even if 48th Ave Productions has been advised of the possibility of such loss or damage. CLIENT shall indemnify and hold harmless 48th Ave Productions from and against any and all claims, costs, expenses or liability arising out of CLIENT's (inclusive CLIENT's officer, contractors, employee agents and invitees) collective or individual use, occupancy or operation of CLIENT's web site content and/or information.
   
   

Following termination of this Agreement, for any reason, CLIENT agrees not to use the Service or the Site in any manner or for any reason.

10. Assignability. This Agreement is assignable to a third party by 48th Ave Productions, with notice to CLIENT. Such notice shall be made known on the Web site <http://www.48thAve.com>.

11. General.

Consent to Breach Not Waiver. No term or provision of this Agreement is deemed waived and no breach excused, unless the waiver or consent is in writing and signed by the party claiming to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether expressed or implied, does not constitute a consent to, waiver of, or excuse for, any other different or subsequent breach.

Governing Law. This Agreement is governed by and construed in accordance with the applicable laws of the Province of British Columbia and the federal laws of Canada and is treated in all respects as a British Columbia contract.

Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, all other provisions will nevertheless continue in full force and effect.

Entire Agreement. This Agreement, together with all policies, guidelines and amendments set out, from time to time, by 48th Ave Productions anywhere on the site www.48thAve.com , constitutes the entire agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous negotiations, proposals, commitments, writings and understandings of any nature whatsoever, whether oral or written.

Survival. Any terms and conditions of this Agreement which by their nature extend beyond the term or expiry of this Agreement shall survive the termination or expiry of this Agreement. This includes, without limitation, Article 6 (No Representations or Warranties), Article 7 (Limitation of Liability), Article 8 (Indemnity), Article 10 (Assignability) and this Article 11 (General).

Headings. The headings and captions used in this Agreement are inserted only as a matter of convenience and for reference and in no way are to be construed as defining, limiting, or describing the scope or intent of this Agreement.

Remedies Cumulative. Unless otherwise set out in this Agreement the rights and remedies granted to each party under this Agreement are cumulative and are in addition to each party's rights provided by law or otherwise. Each party may exercise its rights concurrently or separately. The exercise of one remedy is not deemed an exclusive election of that remedy, nor does it preclude the exercise of any other remedy.

Counterparts or Electronic Acceptance. This Agreement may be executed in counterparts, each of which is deemed to be an original and all of which together are deemed to be one and the same instrument, or may be executed by indicating assent through electronic means.

12. Right to Refuse Service. 48th Ave Productions reserves the right to refuse services to any CLIENT in the event that CLIENT does not abide by the provisions set out in this Agreement. If 48th Ave Productions deems the CLIENT to be a hindrance on business, the CLIENT will be "blacklisted" and 48th Ave Productions will not in the future, provide any services to CLIENT. In any such event, 48th Ave Productions will give CLIENT 15 (fifteen) Calendar days notice to find another provider for their web hosting needs.

13. Definitions:

Shared for this context refers to a service that is provided from a shared server. That is, the server may be used to host multiple clients.

Date of Last Revision: June, 2011