SELECTNET INTERNET SERVICES TERMS AND CONDITIONS OF SERVICE for MostlyHosting.com Effective Date: July 1, 2003 Revised December 22, 2004 This Agreement is made and entered between SelectNet Internet Services, a division of Pearl Technologies, Inc., a California Corporation (hereinafter called SelectNet), and the customer (hereinafter called Customer) and supersedes any other written or oral agreement or understanding. The following Terms and Conditions shall apply to the provision and use of the products and services (individually a "Service" and collectively the "Services") provided pursuant to a SelectNet Internet Services order form, submitted electronically via SelectNet's MostlyHosting.com website at https://www.mostlyhosting.com, or via U.S. Mail, Facsimile, or hand-delivered. SelectNet may amend these Terms and Conditions at any time and post them on its website (https://www.mostlyhosting.com) indicating the effective date thereof. Your submittal of an order for service, or your continued use of SelectNet's service(s) after an updated posting, shall be deemed to be your acceptance of any such modifications. The use of SelectNet's services is subject to the following Terms and Conditions: Orders for Service and Service Date. All orders for service are subject to acceptance by SelectNet. An order will be deemed accepted by SelectNet when confirmation of the order is sent to Customer. SelectNet may refuse to accept any order, or delay acceptance, awaiting completion of conditions SelectNet may choose to exercise. The Service Date shall be the date any SelectNet services ordered under this Agreement are first available for use by Customer. Customer understands and acknowledges that certain services require third-party involvement, of which SelectNet has no control, and Service Date may be delayed or postponed, or services as included in this Agreement or Order Form may be unavailable to Customer. SelectNet shall endeavor to provide Customer with reasonable notice by telephone, e-mail or fax of any intent to delay or decline the acceptance of any order, or if third-parties have notified SelectNet of any delays or changes in available service. Customer Use of Services. Customer agrees that SelectNet's services may only be used for lawful purposes. Any use of the services that violates any local, state, provincial, federal or international law is prohibited. Customer also agrees that use of the services shall be in accordance with SelectNet's Acceptable Use Policies, applicable Domain Name Registration Agreements and Domain Name Dispute Policies, and others, which are posted on its website (https://www.select.net) and modified from time to time. It is Customer's responsibility to monitor all policies regularly to determine whether the policies have been modified. If changes have been made, and if Customer does not agree with any policy change, Customer must immediately stop using SelectNet's services and notify SelectNet of the cancellation of service. Term. The Term shall be as shown on the Order Form and shall begin on the Service Date. In any case, the minimum length of term for services shall be 1 month. Renewal. The Agreement shall renew automatically for identical successive terms and for the same fees unless either party provides notification of non-renewal at least ten (10) days prior to the end of the current term to avoid being charged for the next billing cycle. Changes.SelectNet reserves the right to change these Terms and Conditions, its services, fees, and order forms at any time, however, the service fees stated on the Agreement or Order Form shall remain in effect during the term of the Agreement. (If Customer has prepaid for services, the service fees stated on the Agreement or Order Form shall remain in effect for the period that Customer has prepaid.) Increases in fees, if any, shall become effective for the successive term. Customer may elect not to accept any increase in fees, at which time Customer may decide, at its sole discretion, to cancel this Agreement and terminate service. Payment of Fees.The accounting cycle begins on the Service Date. Customer agrees to pay for the Services rendered by SelectNet in advance of the time period for which the Services are to be provided. Payment of Initial Fees (or Setup Fees) and the Service Fee for the first billing period shall accompany the Agreement or Order Form for Service. SelectNet shall not be obligated to provide or initiate any Services until this initial payment has been received. Payment for additional website storage or traffic shall be invoiced each month and is due and payable according to the terms stated on the invoice. SelectNet has no obligation to warn Customer regarding traffic or storage overages. Interruption of Services, Accounting Hold, and Cancellation for Nonpayment. Services may be interrupted if any fees are delinquent, or if Customer engages in any conduct or activities which SelectNet in its sole discretion believes breaches any of the terms of this Agreement. Delinquent services are those that remain unpaid 5 days beyond the due date. Any delinquent services will be suspended ("accounting hold") and may not be used. If payment is not received within 7 days of being suspended, the service is placed in an "inactive" state, and Customer must pay a $15 fee to re-activate the service. If the service remains unpaid for 30 days past the due date, the service and any Customer files or data will be removed from the SelectNet servers. In the event SelectNet instigates any legal action to collect any sums owed by customer, SelectNet shall be entitled to an award of reasonable attorney fees and costs incurred by SelectNet in connection with such legal action, if a judgment in SelectNet's favor is entered in the legal action. An interruption of service does not relieve Customer of its obligation to continue to pay Service fees. This Agreement is cancelable by SelectNet if Customer fails to pay any amount payable under this Agreement on the date that such amount is due and payable. Cancellation. The Agreement is cancelable by Customer upon payment of all past-due fees and fees due for the remainder of the current term. The request to cancel this Agreement must be in writing at least ten (10) days prior to the end of the current term. Customer may send cancellation request via an e-mail message to customerservice@select.net, by postal mail, or by fax. Upon receipt of notice of cancellation, SelectNet shall send written confirmation via e-mail, which shall indicate the effective date of cancellation. If Customer does not receive this e-mail confirmation within 2 business days, please call SelectNet and speak to a representative. Taxes. SelectNet shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer's or SelectNet's server(s). Customer agrees to take full responsibility for all taxes and fees of any nature associated with any such products or services sold. Assignment. Customer shall not, without prior written consent of SelectNet (which shall not be unreasonably withheld) assign, transfer or in any other manner dispose of, and of its rights, privileges, or obligations under this Agreement. Disclaimer; Compliance. Customer acknowledges that SelectNet does not and cannot control the content, quality or accuracy of information available through its system or over the Internet in general, and any use of such information is at Customer's own risk. By using SelectNet's services, Customer agrees to comply with the terms and conditions stated herein or otherwise generally provided by SelectNet to Customer from time to time. Domain Names. Customer acknowledges and agrees that domain name(s) registered through OpenSRS or Enom by SelectNet or used by customers for SelectNet's services are subject to the respective registrar's Registration Agreement and any use policies applicable for the type of domain name(s), and, notwithstanding anything to the contrary contained herein, it is expressly understood and agreed by the Customer and SelectNet that the Uniform Domain Name Dispute Resolution Policy as approved and adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) is hereby incorporated by reference in this Services Agreement and is legally binding on the Customer and SelectNet with respect to all registrations in the .com, .net and .org. top level domains. Customer agrees to pay all fees charged by the issuing registrar relating to such domain name(s), and hereby irrevocably waives any claims it may have against SelectNet in respect of any decision of a naming authority to refuse to register a domain name and, without limitation, the Customer acknowledges and agrees that any administration or other charge paid by the Customer in respect of the registration of the domain name is non- refundable in any event. The first time Customer applies to use SelectNet's domain name registration, administration, and renewal services, Customer will be asked to select a User name and password. That User name and password are the means through which Customer accesses certain Services. Please safeguard the User name and password from any unauthorized use. Customer acknowledges and agree that in no event will SelectNet Internet Services be liable for the unauthorized use or misuse of Customer's User name or password. SelectNet considers the entity named as the administrative contact for the domain name at the time the controlling User name and password are secured to be the registrant of that domain name. Customer acknowledges that SelectNet is not responsible for the actions taken by OpenSRS, Enom, ICANN or the issuing registrar and, therefore, SelectNet makes no representations, guarantees or warranties regarding: (1) the ability to obtain or to continue to use any particular domain name; (2) the use of such domain name by Customer not infringing on any third party rights; or (3) the ability to resolve any domain name into its associated Internet Protocol ("IP") address(es). Any domain name registered by SelectNet on behalf of Customer is the property of said Customer or as may be otherwise stipulated by that domain registrar. SelectNet claims no ownership over Customer's domain names. Customer agrees that SelectNet may be presented with information that Customer's domain name possibly violates the trademark rights or other intellectual property rights of a trademark or owner. In case of such action, Customer agrees to the following: (i) Customer agrees to hold SelectNet harmless of any action taken by such owner regardless of the outcome of such dispute and regardless of whether Domain Name Service hosting for Customer's domain is continued at SelectNet. (ii) Customer agrees that SelectNet has the right to discontinue name service in the event of such dispute over a Customer's domain name. (iii) Customer agrees that should SelectNet discontinue name service for Customer's domain upon notification of such dispute that SelectNet will not be liable for any loss of business, interruption of business, loss of Customer's domain name, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if SelectNet has been advised of the possibility of such damages. Customer agrees that a SelectNet contact person shall be named as the "technical or zone contact" for any domains hosted at SelectNet. Customer agrees that SelectNet may create and use network resources with the Customer's domain name for administrative, testing, and network infrastructure enhancement purposes. Customer agrees that, if Customer is using the Services for someone else, Customer represent that Customer has the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy. Customer accepts liability for harm caused by wrongful use of the Services. Customer agrees that if Customer licenses the use of a domain name registered in Customer's name to a third party, Customer nonetheless remain the domain name holder of record, and remains responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both Customer's own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration. As further required by ICANN, Customer shall accept liability for harm caused by wrongful use of the domain name, unless Customer promptly discloses the identity of the licensee to a party providing Customer with reasonable evidence of actionable harm. E-Mail. SelectNet provides e-mail services either as a standalone product or bundled with other services. E-mail may be handled by SelectNet servers or outsourced to a third-party supplier, and may have its functionality changed from time-to-time. Unless explicitly stated otherwise, any new features that augment or enhance the e-mail service provided to Customer by SelectNet shall be subject to these Terms and Conditions of Service. Customer understands and agrees that neither SelectNet nor its suppliers assume responsibility for the timeliness, deletion, mis-delivery, non-delivery or failure to store or accurately store, any user communications, addresses or personalization settings. Customer is responsible for obtaining access to the e-mail service and that access may involve fees to SelectNet or other third-party fees (Internet Service Provider or airtime charges). Customer must provide and is responsible for all equipment necessary to access the e-mail service. In consideration of Customer's use of the e-mail service, Customer agrees to: (a) provide true, accurate, current and complete information about Customer as prompted by the Application for Service (such information being the "Subscription Data"); and (b) maintain and promptly update the Subscription Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SelectNet or its suppliers have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SelectNet or its suppliers have the right to suspend or terminate your account and refuse any and all current or future use of the e-mail service (or any portion thereof). SelectNet is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the e-mail service should assist them in setting up any relevant accounts and supervise their access to the e-mail service. Allowing a child access means they will be able to access all components of the e-mail service. As the legal guardian, it is Customer's responsibility to determine whether any of the e-mail services and/or Content (as defined below) which may be delivered to Customer, is appropriate for Customer's child. Subscription Data and certain other information about Customer is subject to our Privacy Policy. Customer will receive a password and account designation upon completing the e-mail service subscription process. Customer is responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Customer's password or account. Customer agrees to (a) immediately notify SelectNet of any unauthorized use of Customer's password or account or any other breach of security, and (if applicable); and (b) ensure that Customer exits from Customer's account at the end of each session. SelectNet, and its suppliers, cannot and will not be liable for any loss or damage arising from Customer's failure to comply with any of Customer' responsibilities related to the e-mail service. Customer understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), transmitted over the e-mail service, are the sole responsibility of the person from which such Content originated. This means that Customer, and not SelectNet, is entirely responsible for all Content that Customer sends, posts, e-mails, transmits or otherwise makes available via the e-mail service. SelectNet does not control the Content posted via the e-mail service and, as such, does not guarantee the accuracy, integrity, quality or appropriateness of such Content for any particular viewer. Customer understands that by using the e-mail service, Customer may be exposed to Content that is offensive, indecent or objectionable, or which may contain viruses, and other destructive elements. Under no circumstances will SelectNet or its suppliers be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use or viewing of any Content posted, e-mailed, transmitted or otherwise made available via the e-mail service. Customer agrees to not use the e-mail service to: (a) send, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (e) send, post, e-mail, transmit or otherwise make available any Content that Customer does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) send, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (g) send, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation, or otherwise violate SelectNet's Acceptable Use Policy or Abuse Policy; (h) send, post, e-mail, transmit or otherwise make available any material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (j) intentionally or unintentionally violate any applicable local, provincial, national or international law, including, but not limited to, regulations promulgated by any applicable securities commission or exchange, and any regulations having the force of law; or (k) "stalk" or otherwise harass another. Customer acknowledges that SelectNet and its suppliers do not, and SelectNet acknowledges that SelectNet and its suppliers shall not without cause, pre-screen Content, but that SelectNet and its suppliers shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the e-mail service. Without limiting the foregoing, SelectNet and its suppliers shall have the right to remove any Content that violates these Terms and Conditions of Service or is otherwise objectionable. Customer agrees that Customer must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, Customer acknowledges that Customer may not rely on any Content created by SelectNet or submitted to SelectNet. Customer acknowledges and agrees that SelectNet (or its suppliers) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of SelectNet, its users and the public. Customer understands that the technical processing and transmission of the e-mail service, including Customer's Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Recognizing the global nature of the Internet, Customer agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, Customer agrees to comply with all applicable laws regarding the transmission of technical data exported from the country in which Customer resides. Customer agrees to indemnify and hold SelectNet and its suppliers, and SelectNet’s and its suppliers’ affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content Customer submits, posts, transmits or makes available through the e-mail service, Customer's use of the e-mail service, Customer's connection to the e-mail service, Customer's violation of these Terms and Conditions of Service, or Customer's violation of any rights of another. Customer acknowledges that SelectNet or its suppliers, may establish general practices and limits concerning use of the e-mail service, including without limitation, the maximum number of e-mail messages that may be sent from or received by an account on the e-mail service, the maximum size of any e-mail message that may be sent from or received by an account on the e-mail service, and the maximum number of times (and the maximum duration for which) Customer may access the e-mail service in a given period of time. Customer agrees that SelectNet and its suppliers have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. Customer acknowledges that SelectNet and its suppliers reserve the right to log off accounts that are inactive for an extended period of time. Customer further acknowledges that SelectNet reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. SelectNet and its suppliers reserve the right at any time and from time to time to modify, temporarily or permanently, the e-mail service (or any part thereof) with or without notice. Customer agrees that SelectNet and its suppliers shall not be liable to Customer or to any third party for any modification, suspension or discontinuance of the e-mail service which may occur for routine maintenance, routine or extraordinary repairs, or the need to respond to a virus or other attack on the system or using the system. Customer agrees that SelectNet, in its sole discretion, may (or may instruct its suppliers to), suspend or terminate Customer's password, account (or any part thereof) or use of the e-mail service, remove and discard any Content within the e-mail service, deactivate or delete Customer's account and all related information and files in Customer's account and/or bar any further access to such files or the e-mail service, discontinue providing the e-mail service, or any part thereof, with or without notice if SelectNet believes that Customer has violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Service, and have not either cured the breach (if curable) or provided a satisfactory undertaking to SelectNet or the applicable authorities, within five (5) business days of receiving a notification of the breach. Further, Customer agrees that SelectNet shall not be liable to Customer or any third-party for any termination of Customer's access to the e-mail service. Customer's correspondence or dealings with third parties, including participation in promotions of, advertisers found on or through the e-mail service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between Customer and such third parties. Customer agrees that SelectNet and its suppliers shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the e-mail service. Customer acknowledges and agrees that the e-mail service and any necessary software used in connection with the e-mail service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright, and trade and service mark protections, and is owned by SelectNet or its suppliers. Except as expressly authorized by SelectNet or advertisers, Customer agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the e-mail service or the Software, in whole or in part. SelectNet grants Customer a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that Customer does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Customer agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the e-mail service. Customer agrees not to access the e-mail service by any means other than through the interfaces that are provided by or through SelectNet for use in accessing the Service. IP Addresses. At Customer's request, SelectNet will allocate IP addresses to Customer from its Classless Inter Domain Routing ("CIDR") address blocks for Customer's use solely in connection with the Services, and only for the initial term of the Agreement and any renewal periods. Customer acknowledges and agrees that the IP addresses are subject to the policies and procedures of the IANA, and the registrar authorizing the use of the IP addresses by SelectNet. Customer agrees to pay all fees charged by the issuing registrar relating to such IP addresses. Allocation of IP addresses to Customer shall be made in a manner consistent with the policies of IANA, the Internet Engineering Task Force ("IETF"), and the issuing registrar. Customer acknowledges that Selectnet is not responsible for the actions taken by IANA, IETF, the issuing registrar or other network operators and, therefore, SelecNet makes no representations or warranties regarding: (1) the ability to obtain or to continue to use any particular IP addresses, or (2) the routability of any IP addresses. Customer's use of IP addresses allocated to Customer by SelectNet shall cease within 90 days of the termination of this Agreement. File Backups. SelectNet is not responsible for Customer's files residing on SelectNet's servers. Customer is solely responsible for independent backup of data stored on SelectNet's servers. Resale of SelectNet's Services. If Customer acts as a 'reseller' of the services provided by SelectNet to Customer hereunder, by Customer providing similar services to its customers, then all the terms of this Agreement shall apply to the resale. Without limiting the foregoing, Customer's obligations under the 'Indemnity' section shall apply to any and all claims made against Customer and/or SelectNet which arise out of the resale of SelectNet's services. DISCLAIMER OF WARRANTIES, REPRESENTATIONS AND CONDITIONS. (a) CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT: CUSTOMER'S USE OF SELECTNET'S SERVICES AND/OR EQUIPMENT IS AT CUSTOMER'S SOLE RISK. THE SERVICE AND EQUIPMENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SELECTNET AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) SELECTNET AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) SELECTNET'S SERVICES AND/OR EQUIPMENT WILL MEET CUSTOMER'S REQUIREMENTS, (ii) SELECTNET'S SERVICES AND/OR EQUIPMENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SELECTNET'S SERVICES AND/OR EQUIPMENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER THROUGH SELECTNET'S SERVICES AND/OR EQUIPMENT WILL MEET CUSTOMER'S EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL TRANSMITTED, RECEIVED, DOWNLOADED OR OTHERWISE OBTAINED OR SENT, THROUGH THE USE OF SELECTNET'S SERVICES AND/OR EQUIPMENT IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE OPENING, DOWNLOAD OR SENDING OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM SELECTNET OR ITS SUPPLIERS OR THROUGH OR FROM SELECTNET'S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF SERVICE. THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE TERMINATION OF THIS AGREEMENT. Limitation of Liability. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT SELECTNET INTERNET SERVICES AND ITS SUPPLIERS SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SELECTNET OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OF OR INABILITY TO USE SELECTNET SERVICES AND/OR EQUIPMENT; (b) DELAYS IN OPERATION OR TRANSMISSION; (c) SUSPENSION, LOSS, OR MODIFICATION OF CUSTOMER'S DOMAIN NAME REGISTRATION; (d) USE OF CUSTOMER'S DOMAIN NAME REGISTRATION; (e) INTERRUPTION OF BUSINESS; (f) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO SELECTNET'S INTERNET SERVICES OR THE WEBSITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN CUSTOMER'S NAME; (g) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, LOSS, DELETION, DESTRUCTION OR OTHER MODIFICATION; (h) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (i) EVENTS BEYOND SELECTNET'S REASONABLE CONTROL; (j) MISTAKES, ERRORS, OMISSIONS, DEFECTS, OR FAILURE OF PERFORMANCE; (k) THE PROCESSING OF CUSTOMER'S DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION; (l) UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER'S TRANSMISSIONS OR DATA; (m) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (o) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES; OR (n) ANY OTHER MATTER RELATING TO SELECTNET'S INTERNET SERVICES, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. IN NO EVENT SHALL SELECTNET'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, SELECTNET'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. Indemnity. Customer agrees to defend, indemnify and hold SelectNet and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorney's fees, settlement payments and any damages awarded related to or arising from: (1) any breach of this Agreement by Customer or its affiliates; (2) the use of SelectNet Services or the placement or transmission of any message, information, software or other materials on any other network connected to SelectNet; (3) any damages caused by Customer Equipment; (4) negligent acts or omissions of Customer or its affiliates in connection with the construction, installation, maintenance, presence, use or removal of systems, channels, equipment or software not provided by SelectNet which are connected or are to be connected to SelectNet Services; (5) claims for infringement arising from the use of equipment and software, apparatus and systems not provided by SelectNet; (6) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party, and; (7) copyright infringement or claims for copyright infringement. The provisions of this paragraph shall survive termination of this agreement. Trademark Information. Without SelectNet's prior permission, you agree not to display or use in any manner, SelectNet's or its suppliers' trademarks or service marks. Disputes. This Agreement shall be governed by and construed in accordance with the laws of the state of California without application of the principles of conflict of laws. The parties consent to and submit to the exclusive jurisdiction of the federal and state courts located in the county of San Diego, California. Acknowledgment; Legal Capacity. By continuing to use SelectNet services, Customer acknowledges that Customer has read the aforementioned Terms and Conditions and that Customer understands such Terms and Conditions and agrees to be bound by them. Customer warrants that Customer is capable of entering a legal contract. Customer's Application for Services (e.g. covering your term, method of payment, price etc.), if accepted by SelectNet, and these Terms and Conditions of Service, constitute the entire agreement between Customer and SelectNet and govern Customer's use of the Service. Customer may be subject to additional terms and conditions that may apply when Customer or SelectNet uses affiliate services (such as domain name registration services), third-party content or software. The failure of SelectNet to exercise or enforce any right or provision of these Terms and Conditions of Service shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditons of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Service remain in full force and effect. Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions of Service and schedules are for convenience only and have no legal or contractual effect. Information for California Residents. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254. END OF DOCUMENT