ServDirect™ Internet Service User Agreement

ServDirect™ Internet Services, for the purpose of this agreement shall be hereinafter referred to as "provider". Any parties to which ServDirect Services provides services shall be hereinafter referred to as "purchaser". Web pages, advertisements, or any viewable material whether supplied by ServDirect Services or supplied by the purchaser or purchaser's agent shall be hereinafter referred to as "content". Domain accounts, FTP accounts, email accounts or any server space leased or sublet from ServDirect shall be hereinafter referred to as either "space", "system" or "account".

Purchaser is solely responsible for any legal liability arising out of or relating to the content, space, and/or any material or content to which others can reference through the content or space including but not limited to link or redirection.

Purchaser represents and warrants that the content complies with provider's standards which are subject to change at any time, and that it holds the necessary rights to permit the use of the content by provider or any other parties involved for the purpose of this agreement; and that the use, reproduction, distribution or transmission of the content will not violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, non compliance with the Digital Millennium Copyright Act, non compliance with local, state, federal or international laws, or any other right of any person or entity.

Purchaser agrees to indemnify provider and to hold provider harmless from any and all liability, loss, system outages, down-time, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by provider arising out of or related to purchaser's breach of any of the foregoing representations and warranties.

In no event will provider be liable to purchaser for any special, incidental, or consequential damages whether based on breach of contract, TORT(including negligence), or otherwise, and whether or not provider has been advised of the possibility of such damage.

Purchaser agrees all content is subject to approval by provider whether such content is created by the purchaser, provider or any third party

Purchaser agrees provider is not responsible for the return of any content, pictures, materials or copy provided by the purchaser.

Purchaser agrees that provider may in its complete discretion refuse or terminate any space, content, web page or advertisement that it deems appropriate and that any space, content, web page or advertisement terminated at the discretion of provider will be subject to a refund to the purchaser, based on the unused time remaining excluding design or programming fees already incurred, domain name registration fees, and/or when the disconnection is due to an unpaid bill or invoice.

Purchaser agrees that all charges for design or programming work on any space, content, web page or advertisement are non-refundable.

Purchaser agrees to refrain against mass emailing and understands that server resources won't allow virtual hosted accounts to send mass emails and that the server will allow no more than 200 outgoing emails per hour from any virtual hosted domain. Should this policy be violated, purchaser understands that the domain may be discontinued subject to reactivation fees and possible account termination at the complete discretion of the provider.

Purchaser agrees that provider will at any time remove or discontinue from it's system, content, space or advertisement covered by this agreement at the discretion of the purchaser without refund. Provider retains all copyrights to web page designs it creates unless otherwise stated in writing.

Purchaser agrees to notify provider of any change in billing or administrative address or any relevant information pertaining to the account with the provider. Purchaser understands that all invoices are sent via email and are due and payable within 15 days from the date of the invoice and that prices are subject to change without notice. Recurring subscription payments via a credit card or payment service will generate a paid invoice. If a hard copy invoice is requested, a service charge will be added. Unpaid invoices subject the account to immediate disconnection and reconnection fees.

Purchaser agrees to be bound by the terms set forth by any domain name registrar selected or used by provider on behalf of the purchaser. All domain name disputes will be handled according to the registrar guidelines and purchaser agrees to hold provider harmless of any actions arising from or relating to purchaser's selection or registration of a domain name. The provider's current registrar is Network Solutions. The domain name service agreement can be found at http://www.netsol.com/en_US/legal/static-service-agreement.jhtml. For all other registrars, refer to their specific agreements.