This is an Agreement between you, hereinafter referred to as the Account Holder and FLY HIGH LTD trading as flyhigh.net or/and Fly High Hosting.

1. Account. This Agreement applies to all Accounts (sub-accounts, pointers, etc.) associated with the Account Holder.

2. Renewal Period. This Agreement will automatically renew for successive periods as chosen in the order form for the life of the contract until cancelled in writing or via our cancellation procedures found in the client area.

3. Cancellation. Cancellation requests must be received by our cancellation procedure located in our client area, in writing via fax or postal mail at Fly High Ltd's main office. Phone cancellations will not be accepted. Such requests must be received 3 days prior to expiry of term. In circumstances where the Account holder does not cancel prior to the renewal date the Account holder is liable for payment of the entire term, whether it is 1 month or 12 months.

4. Refunds in the amount of a month use will be granted upon the occurance of difficulties of services that are a result of Fly High Ltd's Staff. Refunds will only be granted for the month that the problem was brought to Fly High Ltd's attention. If, after providing notice to the Account Holder, the Account Holder does not correct the Account Web site with respect to any of the following circumstances, Fly High Ltd may terminate this Agreement, discontinue this service and delete the Account Web site on the 3rd day: a) The Account Holder 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 Fly High Ltd anywhere on the Web site www.flyhigh.net b) The Account Holder engages in conduct or posts material on the Account Web site that Fly High Ltd in its sole discretion believes is harmful to other Account Holders, the business or reputation of Fly High Ltd or any third-party; c) The Account Holder engages in any activity that could or does overwhelm the server with heavy central processing unit (CPU) usage or that requires a disproportionate amount of the resources of the Fly High Ltd server; d) The Account Holder disputes the terms of this Agreement or any amendment set out, from time to time, by Fly High Ltd anywhere in an amended Agreement, attached schedule to this Agreement, or on the Web site www.flyhigh.net.

5. Representations "&" Warranties. No oral or written advice or information given by Fly High Ltd or its employees will create a warranty. This information or advice may not be relied upon. This Agreement supersedes any such information or advice given by Fly High Ltd or its employees. Fly High Ltd does not warrant that any services provided by Fly High Ltd will be uninterrupted, error-free or secure. The Service is offered on an "as is" basis without any representations or warranties of any kind either express or implied. Fly High Ltd may also link to or include on its Web sources,information provided by third party partners and providers.Fly High Ltd does not guarantee or warrant the reliability of this information nor does Fly High Ltd recommend any of these services. For greater certainty and without limitation to the generality of the foregoing: a) Fly High Ltd makes no representations, warranties or guarantees of any kind whether written or verbal regarding the reliability of the Account Holder Web site provided or any other services offered b) Fly High Ltd is not responsible for any deletions, alterations, or loss of data due to network or system outages, file corruption, accidental deletion or any other reasons c) Fly High Ltd makes no representations, warranties or guarantees with regards to server reliability, speed or consistency d) Fly High Ltd makes no representations, warranties or guarantees as to the accuracy 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.

6.(a) Guarantee. Fly High Ltd will provide a 14 day refund guarantee from date of activation (minus set up fees). There are no refunds on any prepaid amounts after the 14 day money back period is over.This is Not applicable to Dedicated Servers, Monitoring Or any Admin work,Server Hardening Or Web Design and can only be claimed once per customer.There is also a no refund policy applicable to domain names,dedicated or managed servers or administration work.

6.(b) Uptime Guarantee. Fly High Ltd provides an Uptime guarantee of 99.9%.Which is measured on a monthly basis. If your account is not accesable via http then you are entitled to a credit or refund based on this credit scheme below:

99.8% = 10% Credit

99.7% = 20% Credit

99.6% = 30% Credit

99.5% = 40% Credit

99.4% = 50% Credit

99.3% = 60% Credit

99.3% = 70% Credit

99.2% = 80% Credit

99.1% = 90% Credit

99.0% = 100% Credit

7. Payment Method. Account Holder paying by check or money order will receive an invoice for charges and payment is due upon receipt. Account Holder paying by credit card expressly agrees to have their credit card account billed by Fly High Ltd with the charges layed out in the order form and client area.

8. Delinquency. Delinquent Accounts are those that remain unpaid 48 hours after activation or renewal date. Accounts that are delinquent are put on accounting hold and may not be used and will be subject to suspension and late fee's which are 10% of the original amount. After 30 days, Fly High Ltd may, in its sole discretion, cancel the Account without any further compensation to the Account Holder.

9. Cancellation. In cases where delinquent Accounts are put on accounting hold for a maximum of 60 days, the Account shall be deactivated permanently.In cases where Fly High Ltd makes an exception for cancellations, which are mid-term, a non-refundable fee of $50 USD, will be charged to the Account Holder.

10. Notice and Agreement. The Account Holder agrees to abide by the following provisions of this service contract and may have to agree to additional provisions from Fly High Ltd covering this Agreement and/or any future services added to this Agreement. Fly High Ltd reserves the right to modify any provisions of this Agreement at any time with 72 hours notice to the Account Holder. Notice may be given in the form of an announcement on the Web site www.flyhigh.net . If Account Holder refuses to accept any future provisions or amendments, The Account Holder will have the option to cancel service as of the renewal date. Failure to cancel service by the Account Holder will be deemed to be acceptance of any amended provisions or conditions to this Agreement. If Account Holder refuses to accept any future provisions or amendments, Fly High Ltd may, in its sole discretion, cancel the Account forthwith.

11. Content. The Virtual Hosting Internet Account and related electronic services can only be used for legal purposes under all international, federal, provincial and municipal laws. Violations of this or any other provision of this Agreement can result in a 48 hour notice to terminate service or in Fly High Ltd's sole discretion, an immediate termination of service. Fly High Ltd has the right to refuse service if content of information provided is deemed illegal, misleading, or obscene in the opinion of Fly High Ltd.Fly High Ltd will make the final determination in any dispute over unacceptable content, and Account Holder agrees to accept Fly High Ltd's decision. In any cases where the Account holder has violated the terms of this Agreement, Fly High Ltd reserves the right to deactivate or lock the Account without notice to the Account holder. Fly High Ltd will not be held responsible nor will issue any credits or refunds in such cases of deactivations due to violations of this Agreement. Account Holder agrees that Fly High Ltd is not responsible for any content on Account Web site and acknowledges that Fly High Ltd does not endorse or verify any such material. Account Holder agrees to assume full responsibility for all files associated with the Account Web site and acknowledges that Account Holder may be held legally liable for the contents of the Account Web site. Fly High Ltd reserves the right to hold the account holder accountable for any fee's,costs or service degradation incurred by Fly High Ltd by any breach of this agreement by the account holder.Account Holder will not include any content or Internet link on the site that contains, promotes or is involved in any of the following:
a) any infringement of copyright, trademark, patent, trade secret or other intellectual property right
b) pornography
c) content that exploits children under 18 years of age
d) hate propaganda
e) racist, threatening, slanderous, libelous or otherwise abusive content
f) the promotion or incitement of, or instructions for, the commission of illegal activities
g) mail fraud, multi-level marketing schemes or any fraudulent activities
h) content promoted through the sending of unsolicited email (spamming)
i) sending of unsolicited email (spam) from the Fly High Ltd server, or any other server that refers to content on the Fly High Ltd server, or sending such email with a Fly High Ltd hosted Web site listed as the contact address
j) warez, cracks, hacks, spam software & their associated utilities
k) illegal mpeg layer two or three files (MP2 or MP3) which may be considered copyright infringement
l) information or other material that contains a virus, corrupted data or any other harmful or damaging component.
m) proxys public or private.
n) IRC public or private.

12. Prices. Fly High Ltd reserves the right to increase prices at any time.

13. Passwords & Netiquette. The Account Holder agrees to follow generally accepted "Netiquette" when sending email messages or posting newsgroup messages. Account Holder is solely responsible for the security of their password. In the event that the Account holder releases the password to an unknown party or person(s) the Account holder will be held responsible for any unauthorized use of Fly High Ltd's services. This includes any damages resulting there from, until Fly High Ltd is notified by the Account holder. Fly High Ltd will not change passwords to any Account without verification of identity of the Account Holder which is satisfactory to Fly High Ltd. Verification may include written requests with signature. Account Holder agrees not to participate, either directly or indirectly, in the distribution of "SPAM", "JUNK MAIL" or unsolicited commercial messages or communications in any form either through Fly High Ltd's servers or any other server. Fly High Ltd reserves the right to terminate, without notice, all services provided to Account Holder if Account Holder participates in the distribution of any such communications.

14. Privacy Policy. In order to protect Fly High Ltd's clients, Fly High Ltd will refuse to give any information to any persons requesting such information without the express written consent of the Account holder.

15. Account Ownership & Dispute. In the event of any partnership breakup,divorce or other legal problems that includes the Account Holder, Account Holder understands that Fly High Ltd will remain neutral and may even lock the Account until the situation has been resolved. During this period if the Account is more than 48 hours overdue for payment, Fly High Ltd may place the Account on Accounting Hold until payment is received. Under no circumstances will Fly High Ltd be liable for any losses incurred by Account Holder during this time of determination of rightful ownership.

16. Indemnity. The Account Holder agrees not to harm Fly High Ltd, its reputation,computer systems, programming and/or other Account Holders using Fly High Ltd's services. Fly High Ltd reserves the right to select the server for the Account Holder's Web site for best perrformance. If Account Holder breaches this Agreement, then Fly High Ltd has the right to terminate service without any refunds of the unused portion prepaid by Account Holder. The Account Holder agrees to indemnify and hold harmless both Fly High Ltd and other Account Holders from any and all claims an/or costs (including legal costs) resulting from the Account Holder's use or abuse of their service in any manner. If at any time, Account Holder breaches any part of this contract and Fly High Ltd has to engage the services of a Solicitor, then Account Holder will pay any and all of the Fly High Ltd reasonable Solicitor fees and court costs. The Account Holder agrees to indemnify and hold Fly High Ltd harmless from and against, and to reimburse Fly High Ltd 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) of every nature whatsoever incurred by Fly High Ltd by reason of or arising out of or in connection with (i) any breach of this Agreement by the Account Holder, (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 (iii) illegal, libelous, slanderous, dangerous or defamatory content on the Site.

17. Usage. Account Holder understands this service is provided on a shared server. This means that Account Holder's Web site cannot overwhelm the server with heavy (CPU) usage from highly active common gateway interface (CGI) scripts or chat scripts or excessive bandwidth usage which interferes with Fly High Ltd's ability to provide service to its users. If Account Holder's Web site overwhelms the server and/or causes complaints from other Account Holders, Fly High Ltd may cancel the Account with 48 hours notice to the Account Holder.

18. Security. Fly High Ltd will deactivate Account Holder's Web site or any services for Account Holder's Web site without notice to the Account holder, if deemed by Fly High Ltd, to be hazardous or insecure to other Fly High Ltd Account Holders on the shared server (security violations). In such cases, Fly High Ltd will not be held responsible or liable for any damages to the Account Holder as a result. Fly High Ltd objective is to keep all Account Holders secure from such occurrences, which may or may not occur.

19. Assignment, License and Transfer. The Account Holder's right and privileges cannot be sold or transferred without the written consent and approval from Fly High Ltd. Fly High Ltd may assign, license or transfer its responsibilities and duties under this Agreement.

20. Address Changes. Any and all changes (address, email address, phone number, billing contacts, etc) associated with the Account Holder must be updated within Fly High Ltd's Client Area via User update,postal mail or fax within 7 (seven) days of such change. Phone or email notifications will not be accepted. Fly High Ltd will not be held responsible in the event that the Account Holder's Account is deactivated, or locked because the Account Holder failed to notify Fly High Ltd of any of these changes in their billing contact information.

21. Notice to Officials. If Fly High Ltd determines that law enforcement officials should be notified regarding potentially illegal content on the Account Web site, the Account Holder agrees that Fly High Ltd may provide copies of the Account Holder's Web site to the appropriate officials without notice to the Account Holder. Account Holder agrees that Fly High Ltd does not have a duty of confidence or non-disclosure to the Account Holder in respect of the content of Account Holder's Web site. Fly High Ltd may cooperate with all law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.

22. Limitations of Liability. Fly High Ltd is not responsible for any failures, delays or interruptions in the delivery of any content or services contained on the Fly High Ltd server; or losses or damages arising from the use of the content or services provided by Fly High Ltd, and for greater certainty and without limitation to the generality of the foregoing: a) Fly High Ltd liability to the Account Holder for actual damages for any cause whatsoever, regardless of the form of action will be limited to a maximum of the fees paid by the Account Holder to Fly High Ltd, for the prior 3 or 12 months (whichever is appropriate); b) in no event will Fly High Ltd be liable to the Account Holder for any indirect, incidental or consequential damages arising out of the service or in connection with the Account Web site or any other services or products provided to or by the Account Holder; c) Fly High Ltd, its officers, directors, owners, agents and employees, shall in no way be liable to the Account Holder or anyone else for any loss or injury resulting from use of the service or the Account Holder's Web site; d) In no event shall Fly High Ltd be liable for any damages, whatsoever, as a result of the notifying any official of potentially illegal content on the Site, providing copies of the Account Holder's Web 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; e) In no event shall Fly High Ltd be liable for any damages, whatsoever, as a result of the termination of this Agreement.

23. 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.

24. Governing Law. This Agreement is governed by and construed in accordance with the applicable laws of England and is treated in all respects as English contract.

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

26. Entire Agreement. This Agreement, together with all policies, guidelines and amendments set out, from time to time, by Fly High Ltd anywhere on the Web site www.flyhigh.net 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.

27. 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, the representations and warranties, limitations of liability, indemnity, and this survival provision.

28. 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.

29. 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.

30. 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 consent through electronic means.

31. Right to Refuse Service. Fly High Ltd reserves the right to refuse services to any Account Holder. In the event that an Account Holder does not abide by the provisions set out in this Agreement or if the Fly High Ltd deems the Account holder to be a hindrance to Fly High Ltd, the Account holder will be blacklisted and Fly High Ltd will not provide any services to the Account Holder in the future. In such an event, Fly High Ltd will give the Account holder until the end of their current billing period to find another provider for their web hosting needs.