INTERTEK DESIGN HOSTING ACCEPTABLE USE AND SERVICE GUIDELINES

These Intertek Design Hosting Acceptable Use Guidelines ("Usage Guidelines") describe the proper kinds of conduct and prohibited uses of Intertek Design's hosting services (the "Services"), as described and subscribed to pursuant to the Hosting Agreement posted at www.intertekdesign.com/policies.htm  (the "Hosting Agreement"). These Usage Guidelines are not exhaustive and Intertek Design reserves the right to modify these Usage Guidelines at any time, effective upon posting of the modified Usage Guidelines to www.intertekdesign.com/policies.htm. By registering for and using the Services, and thereby accepting the terms and conditions of the Hosting Agreement, you agree to abide by these Usage Guidelines as modified from time to time. Any violation of these Usage Guidelines may result in the suspension or termination of your account or such other action as Intertek Design deems appropriate which is described further in the Hosting Agreement.

1. YOUR GENERAL RESPONSIBILITIES

The Services enable you to develop and display a Web site through which you can interact with users of the Internet and retrieve and send vast amounts of information. Generally, Intertek Design will not actively monitor, censor, or directly control any content that is or will be displayed on your Web site(s) or information that you collect or use through your Web site(s). Intertek Design, however, provides the Services with the goals of (a) ensuring security, reliability and privacy of the Services and the users of the Services, (b) maintaining an image and reputation of Intertek Design as a responsible provider of the Services, (c) preserving the value of Internet resources as a conduit for free expression, (d) encouraging the responsible use of Internet resources and discouraging degrading, libelous or illegal uses of such resources. Consequently, Intertek Design expects you, and all other users of the Services, to take responsibility in using the Internet with courtesy and responsibility, and be familiar with and to practice good Internet etiquette, in furtherance of the above stated goals.

VIOLATION OF ANY OF THESE GUIDELINES IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM INTERTEK DESIGN ACCORDING TO THE HOSTING AGREEMENT. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS INTERTEK DESIGN'S POLICY TO TERMINATE REPEAT INFRINGERS.

2. ILLEGAL OR HARMFUL USE

You may use the Services only for lawful purposes. Transmission, distribution, sale, or storage of any material in violation of any applicable law, regulation, or these Usage Guidelines is prohibited. The following non-exhaustive list details the kinds of illegal or harmful conduct are prohibited. Intertek Design reserves the rights to restrict or prohibit any and all uses of the Services or content on your Web site(s) and to remove such materials from its servers, that Intertek Design determines in its sole discretion is harmful to its servers, systems, network, reputation, good will, other Intertek Design customers, or any third party.

Infringement. Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.

Offensive Materials. Transmission, disseminating, sale, storage or hosting material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

Export Violations. Posting or sending of software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce.

Harmful Content. Disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.

Fraudulent Conduct. Offering or disseminating fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services, including without limitation use of credit card numbers.

3. SYSTEM AND NETWORK SECURITY AND INTEGRITY

Violations of Intertek Design's or any third party's server, system or network security through the use of the Services are prohibited, and may result in criminal and civil liability. Intertek Design may investigate incidents involving such violations. Intertek Design may involve and cooperate with law enforcement if a criminal violation is suspected. Examples of server, system or network security violations include, without limitation, the following:

Hacking. Unauthorized access to or use of data, systems, server or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or authentication measures without express authorization of the owner of the system, server or network.

Interception. Unauthorized monitoring of data or traffic on any network, server, or system without express authorization of the owner of the system, server, or network.

Intentional Interference. Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also means the use of any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.

Falsification of Origin. Forging of any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.

Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on the Services such as timing out.

Failure to Safeguard Accounts. Failing to prevent unauthorized access to accounts, including any account passwords.

4. E-MAIL

You may not distribute, publish, or send any of the following types of e-mail:

Unsolicited promotions, advertising or solicitations (commonly referred to as "spam"), including, without limitation, commercial advertising and informational announcements, except to those who have explicitly requested such e-mails.

Commercial promotions, advertising, solicitations, or informational announcements that contain false or misleading information in any form.

Harassing e-mail, whether through language, frequency, or size of messages.

Chain letters.

Malicious e-mail, including without limitation "mailbombing" (flooding a user or Web site with very large or numerous pieces of mail) or "trolling" (posting outrageous messages to generate numerous responses).

E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.

In addition, you may not use Intertek Design's mail server or another Web site's mail server to relay mail without the express permission of the account holder or the Web site. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting) also is explicitly prohibited.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE USAGE GUIDELINES, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THE USAGE GUIDELINES BY YOU.

If you want to report any violations of these Usage Guidelines, please contact info@intertekdesign.com.

HOSTING AGREEMENT

Welcome to Intertek Design's Web site hosting services! This Hosting Agreement governs your purchase and use, in any manner, of all Web site hosting services, including Shared Hosting Services, (collectively, the "Services") as described in the Order Form, ordered by you and accepted by Intertek Design and describes the terms and conditions that apply to such purchase and use of the Services. If you have registered for Co-Location Services, then the term "Services" shall also include such Co-Location Services so that this Agreement will govern your purchase and use of all such Services (including Co-Location Services); provided, however, that your purchase and use of the Co-Location Services shall also be governed by the terms and conditions set forth in the Addendum A to this Agreement. If you did not register for Co-Location Services, however, then Addendum A is inapplicable to your purchase and use of the Services. For purposes of this Agreement, the Shared Hosting Services include the E-Commerce Services. You must register and accept the terms of this Agreement in order to use the Services. BY CLICKING ON THE "CREATE" BUTTON, AND REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. Intertek Design reserves the right to change or modify any of the terms and conditions contained in this Agreement, the Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the Intertek Design Web site (the "Site"). Intertek Design will post a notice of such changes or modifications to this Agreement or the Addendum on the Site for thirty (30) days. Intertek Design may post changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Intertek Design's posting of any changes or modifications will constitute your acceptance of such changes or modifications. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT (OR THE ADDENDUM IF THEY APPLY TO YOU), DO NOT CLICK THE "I ACCEPT" BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY NOTIFY INTERTEK DESIGN OF YOUR TERMINATION OF THIS AGREEMENT IN THE MANNER DESCRIBED IN SECTION 1.2 BELOW.

1. Term and Payment for Services

1.1 Term. This Agreement shall be for an "Initial Term" of either (a) thirty (30) days if you register for Shared Hosting Services, or (b) as otherwise chosen by you in the Order Form, located on the Site, at the time you register for the Services. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term unless you provide Intertek Design with notice of termination either (a) at least seven (7) days prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, if you registered for and are receiving Shared Hosting Services or (b) at least thirty (30) days prior to the end of the Initial Term or Renewal Term, whichever is then applicable.  You must provide Intertek Design with your notice of termination by clicking on the "Cancel Service" button located on the Site. Upon clicking on the "Cancel Service" button, you will be asked to provide Intertek Design with sufficient customer identification information so that Intertek Design may properly identify you and your account. Any notice of termination will be effective upon Intertek Design's receipt thereof.

1.2 Termination Policy. If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) Intertek Design shall not refund to you any fees paid in advance of such termination and (b) you shall be required to pay the lesser of three (3) times the standard monthly charge or 100% of Intertek Design's standard monthly charge for each month remaining in the term, unless otherwise expressly provided herein. Notwithstanding the foregoing, if you have pre-paid for a one year period of Shared Hosting Services, you are entitled to pro-rata refund of the remaining months in the annual period, calculated at the standard monthly rate for such Shared Hosting Services, not the discounted annual rate. Your termination request must be submitted to Intertek Design in the manner described in Section 1.1. Intertek Design may terminate this Agreement at any time and for any reason by providing to you thirty (30) days prior written notice of termination. If Intertek Design terminates this Agreement, Intertek Design shall refund to you the pro-rata portion of pre-paid fees attributable to Services not yet rendered as of the termination date unless otherwise expressly provided herein.

1.3 Liability and Obligations on Termination. Should the Agreement expire or be terminated for any reason, Intertek Design will not be liable to you because of such expiration or termination for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from such termination or expiration. Any termination of this Agreement shall not relieve you of any obligations to pay fees and costs accrued prior to the termination date and any other amounts owed by you to Intertek Design as provided in this Agreement.

1.4 Charges. You agree to pay for all charges attributable to your use of the Services at the then current Intertek Design prices, which shall be exclusive of any applicable taxes. You shall be responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on Intertek Design's net income.

1.5 Payment. All charges for Services must be paid in advance according to the then current price applicable to the Services. Upon registration for Dedicated Hosting Services, you must choose to pay for the Services either by credit card or upon your receipt of an invoice. If you register for Shared Hosting Services, you must pay for the Services by credit card. If you choose to pay by credit card upon registering for Dedicated Hosting Services or if you register for Shared Hosting Services, you thereby authorize Intertek Design to charge your credit or debit card to pay for any charges that may apply to your account. You agree that Intertek Design may accumulate any supplemental charges, as described in the Order Form, incurred by you in your use of the Services ("Supplemental Charges") until such charges exceed $20 and then charge your card. You must notify Intertek Design of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit Intertek Design from charging your account. If you choose to be invoiced upon registration for Dedicated Hosting Services, Intertek Design will send an invoice to you for the Services applicable to the period for which you have registered for the Services. Intertek Design may also send periodic invoices to you for any applicable Supplemental Charges associated with your use of the Services. You agree to pay to Intertek Design the amount indicated in each invoice by the due date reflected on the invoice. If you fail to pay any fees and taxes within ten (10) days from applicable due date for credit card or invoice payments, late charges of the lesser of one and one-half per cent (1.5%) per month or the maximum allowable under applicable law shall also become payable by you to Intertek Design. In addition, your failure to fully pay any fees and taxes within ten (10) days after the applicable due date will be deemed a material breach of this Agreement, justifying Intertek Design's suspension of its performance of the Services and/or termination of this Agreement. You are responsible for any fees associated with reinstated of Services. Any such termination would not relieve you from paying past due fees plus interest. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees.

1.6 30 Day Guarantee. Notwithstanding Sections 1.1 through 1.4, if you are not fully satisfied with the Shared Hosting Services, you may terminate this Agreement at any time during the first thirty (30) days from your initial order date and receive a full refund of all payments made by you to Intertek Design for the Shared Hosting Services. To receive such refund, you must terminate this Agreement in the manner described in Section 1.1 and cease using the Services, and Intertek Design must receive your termination notice, within the above described thirty (30) day period. You agree to provide Intertek Design with a description of why you are not satisfied with the Services and are terminating this Agreement.

2. Use of Services

2.1 Applicable Policies and Guidelines. The Intertek Design Acceptable Use And Service Guidelines (the "Usage Guidelines") govern the general policies and procedures for use of the Services. Intertek Design's On-line Privacy Practices governs how Intertek Design collects, stores, processes and uses information associated with your use of the Services. The Usage Guidelines and the On-line Privacy Practices are posted on Intertek Design's Web site at (or such other location as Intertek Design may specify) and may be updated from time-to-time. YOU SHOULD CAREFULLY READ THE USAGE GUIDELINES. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE USAGE GUIDELINES AND ANY MODIFICATIONS THERETO. INTERTEK DESIGN RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE USAGE GUIDELINES OR THIS AGREEMENT.

2.2 Material and Product Requirements. You must ensure that all material and data placed on Intertek Design's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by Intertek Design. Intertek Design will make no effort to validate any of this information for content, correctness or usability. In the event that your material is not "server-ready", Intertek Design has the option at any time to reject this material. Intertek Design will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of Intertek Design. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. It is not Intertek Design's responsibility to provide this knowledge or customer support outside of the Services agreed to by you and Intertek Design.

2.3 Bandwidth, Storage, and E-Mail Usage. You agree that use of the Services hereunder will not exceed the bandwidth, storage and E-mail usage limits set out in the Order Form. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, Intertek Design may, in its sole discretion, assess you with additional charges, suspend the performance of the Service, or terminate this Agreement. In the event that Intertek Design elects to take any corrective action, you will not be entitled to a refund of any unused pre-paid fees.

2.4 Domain Names. As part of the Services, you will provide Intertek Design with a registered domain name or names or Intertek Design will register such domain name(s) selected by you, provided that such domain name is available for registration and does not violate any Network Solutions' or other registration services' policies, or any law or regulation. You agree to promptly reimburse Intertek Design for any fees paid by Intertek Design to Network Solutions or other registration services with respect to the registration and maintenance of such domain name(s). In the event of any dispute or cause of action arising out of or related to your domain name used in connection with the Services, upon your request Intertek Design will attempt to register with Network Solutions or other registrar an alternative domain name chosen by you. You agree to be bound by the terms of Network Solutions' then current domain name policy and/or the policies of the national DNS registration authorities to which you become subject upon registration of your domain name. The inability to use a domain name shall not entitle you to a refund by Intertek Design of any fees paid with respect to the registration of such unusable domain name. In the event you received a "Free Domain Name Registration" offer when you signed up for the Services, and you terminate the Services within one year of such domain name registration, you agree to immediately pay Intertek Design the full retail price for such domain name registration in effect when you registered such domain name, in addition to any other fees for early termination described herein.

2.5 Co-Location Services. If you have registered for Co-Location Services, Intertek Design's provision of such services is subject to, in addition to the terms of this Agreement, the terms and conditions set forth in Addendum A to this Agreement. If you did not register for Co-Location Services, however, Addendum A is inapplicable to your receipt of the Services.

3. Intellectual Property Rights

3.1 Your License Grant to Intertek Design. You hereby grant to Intertek Design a non-exclusive, worldwide, and royalty-free license for the Initial Term and the Renewal Term, if applicable, to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant to Intertek Design a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

3.2 Your Warranties And Representations to Intertek Design. You warrant, represent, and covenant to Intertek Design that (a) you are at least eighteen (18) years of age; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

3.3 Intertek Design Materials And Intellectual Property. All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by Intertek Design or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by Intertek Design to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto shall remain the sole and exclusive property of Intertek Design or its suppliers. Intertek Design shall also maintain and control ownership of all Internet protocol ("IP") numbers and addresses that may be assigned to you by Intertek Design. Intertek Design reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

4. Enforcement

4.1 Investigation of Violations. Intertek Design may investigate any reported violation of this Agreement, the Addendum its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. Intertek Design will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.

4.2 Actions. Intertek Design reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement, the Addendum or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or in potentially violation of any laws. In the event of becoming aware of any possible violation by you of this Agreement, the Addendum, any related policies or guidelines, third party rights or laws, Intertek Design may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on Intertek Design's systems, and/or (d) disabling or removing any hypertext links to third-party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by Intertek Design which, in Intertek Design's sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes Intertek Design to civil or criminal liability or public ridicule. It is Intertek Design's policy to terminate repeat infringers. The above stated rights of action, however, do not obligate Intertek Design to monitor or exert editorial control over the information made available for distribution via the Services. In the event Intertek Design takes corrective action due to such possible violation, Intertek Design shall not be obligated to refund to you any fees paid in advance of such corrective action.

4.3 Disclosure Rights. To comply with applicable laws and lawful governmental requests, to protect Intertek Design's systems and customers, or to ensure the integrity and operation of Intertek Design's business and systems, Intertek Design may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on Intertek Design's servers and systems. Intertek Design also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. To the extent any inconsistency exists between any terms of Intertek Design's On-line Privacy Practices and Intertek Design's right disclose under this section, Intertek Design's right to disclose under this section will control.

5. Disclaimed Warranties You acknowledge and agree that Intertek Design exercises no control over, and accepts no responsibility for, the content of the information passing through Intertek Design's host computers, network hubs and points of presence, or the Internet. ALL SERVICES PERFORMED HEREUNDER ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, INTERTEK DESIGN DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.

6. Limitation and Exclusion of Liability

6.1 Limitations. IN NO EVENT SHALL INTERTEK DESIGN OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER INTERTEK DESIGN NOR ITS SUPPLIERS SHALL HAVE LIABILITY WITH RESPECT TO INTERTEK DESIGN'S OBLIGATIONS UNDER THIS AGREEMENT, THE ADDENDUM OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF INTERTEK DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE FOREGOING LIMITATION OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ANY EVENT, THE LIABILITY OF INTERTEK DESIGN AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO INTERTEK DESIGN BY YOU UNDER THIS AGREEMENT AND THE ADDENDUM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY INTERTEK DESIGN HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE INTERTEK DESIGN AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1.

6.2 Interruption of Service. You hereby acknowledge and agree that Intertek Design and its suppliers will not be liable for any temporary delay, outages or interruptions of the Services. Further, Intertek Design shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).

7. Indemnification You hereby release and hold harmless, and agree to indemnify, Intertek Design and its affiliates and suppliers (and their respective employees, directors and representatives) against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by Intertek Design or its suppliers, arising out of or relating to (a) your violation or breach of any term, condition, representation or warranty of this Agreement, the Addendum or any applicable policy or guideline; (b) your improper or illegal use the Services; or (c) your violation, alleged violation, or misappropriation of any intellectual property right (including, without limitation, trademark, copyright, patent, trade secrets) or non-proprietary right of a third party (including, without limitation, defamation, libel, violation of privacy or publicity).

8. MISCELLANEOUS PROVISIONS

8.1 Entire Agreement. This Agreement, in conjunction with the Addendum and all policies and guidelines incorporated herein by reference, constitutes the entire agreement between you and Intertek Design with respect to the subject matter hereof and there are no representations, understandings or agreements which are not fully expressed in this Agreement and the related policies and guidelines.

8.2 No Fiduciary Relationship; No Third-Party Beneficiaries. Intertek Design is not the agent, fiduciary, trustee or other representative of you. Except for the rights of Intertek Design's suppliers under sections 6 and 7 hereof, nothing expressed or mentioned in or implied from this Agreement or the Addendum is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement and the Addendum. This Agreement and the Addendum and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto.

8.3 Amendments. Except as expressly provided in this Agreement, no amendment, change, waiver, or discharge hereof or to the Addendum shall be valid unless in writing and signed by the parties.

8.4 Identification. Intertek Design may, free of any obligation to pay compensation, use your name and identify you as a Intertek Design client, in advertising, publicity, or similar materials distributed or displayed to prospective clients.

8.5 Choice of Law and Forum. THIS AGREEMENT, INCLUDING THE ADDENDUM, WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF ILLINOIS , WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN SPRINGFIELD , ILLINOIS , AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

8.6 Compliance With Laws. You shall at all times comply with all applicable laws and regulations and shall indemnify and save Intertek Design harmless from your failure to so comply. You agree that Intertek Design shall not have to perform any obligations set forth in this Agreement if such performance would violate any present or future law, regulation or policy of any applicable government.

8.7 Non-Assignment. You may not assign this Agreement or any right or obligation hereunder or under the Addendum, by operation of law or otherwise, without Intertek Design's prior written consent. Intertek Design may assign its rights and obligations under this Agreement or the Addendum, and may utilize affiliate and/or agents in performing its duties and exercising its rights hereunder, without your consent. Subject to that restriction, this Agreement and the Addendum will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.

8.8 No Waiver. Intertek Design's failure to enforce the strict performance of any provision of this Agreement or the Addendum will not constitute a waiver of Intertek Design's right to subsequently enforce such provision or any other provisions hereunder or thereunder.

8.9 Severability. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement and the Addendum, if applicable, shall nonetheless remain in full force and effect and, if the subject term or provision is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.

8.10 Headings. The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof.

8.11 Survival. All provisions of this Agreement and the Addendum relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration hereof and thereof..

WEB DESIGN SERVICE AGREEMENT

THIS CUSTOMER SERVICES AGREEMENT ("AGREEMENT") FOR WEBSITE SERVICES IS ENTERED INTO BETWEEN INTERTEK DESIGN AND THE PERSON OR ENTITY THAT CLICKS ON THE "CREATE ACCOUNT" BUTTON BELOW ("CUSTOMER"). INTERTEK DESIGN IS WILLING TO ENTER INTO THIS AGREEMENT ONLY ON THE CONDITION THAT CUSTOMER PAYS THE APPROPRIATE FEES AND ACCEPTS ALL OF THE TERMS IN THIS AGREEMENT.

PLEASE READ THE TERMS CAREFULLY BEFORE CLICKING ON THE "CREATE ACCOUNT" BUTTON, AS BY CLICKING ON THE "CREATE ACCOUNT" BUTTON YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY IT

IF YOU DO NOT AGREE TO ALL THESE TERMS, INTERTEK DESIGN IS UNWILLING TO ENTER INTO THIS AGREEMENT, AND YOU SHOULD CLICK ON THE "CANCEL" BUTTON TO DISCONTINUE THIS PROCESS.

INTERTEK DESIGN provides website design and development services via the Internet and other platforms (the "Services") through INTERTEK DESIGN'S Internet website (the "Website"). Customer agrees to use the Services in accordance with this Agreement and as requested by INTERTEK DESIGN. Hosting Services are provided by Intertek Design in accordance with the Hosting Agreement found at www.IntertekDesign.com. INTERTEK DESIGN is willing to provide Customer with the Services as set forth below. In consideration of the foregoing and the mutual covenants set forth below, the parties hereby agree as follows:

1. PROVISION OF SERVICES; LICENSE.
(a) Provided that Customer pays INTERTEK DESIGN the fees set forth in the order summary, INTERTEK DESIGN will provide Customer with the Services ordered and the website created by INTERTEK DESIGN ("Deliverable") described in the order summary under the terms and conditions of thisAgreement.
(b) Subject to the terms and conditions of this Agreement, INTERTEK DESIGN hereby grants to Customer a limited, personal, non-exclusive, non-transferable license to use the Deliverables set forth in the Customer order summary.
(c) This is a license, not a transfer of title, and is subject to the following restrictions: Customer may not (1) modify the Deliverables except with the tools incorporated into the Deliverables (2) use Deliverables for any third party commercial purpose; (3) decompile, reverse engineer, or disassemble software Deliverables, (4) remove any copyright or other proprietary notices from the Deliverables; or (5) transfer the Deliverables to another person. Customer agrees to prevent any unauthorized copying of the Deliverables.
(d) With respect to any Intertek Design logos and/or hypertext link logos provided with the Deliverables, Customer is granted a non-assignable, non-exclusive, royalty free license solely to use the logos and/or link logo as a hypertext link icon to allow users to link from Customer's web page to the Intertek Design web pages, based on the following terms and conditions:

1. Customer acknowledges the validity and Intertek Design's exclusive ownership of all right, title, and interest in and to the INTERTEK DESIGN, Powered by Intertek Design and Powered by Intertek Design logos and link logo marks or other Intertek Design logos and link logo marks (the Marks) and, during or after the term of this Agreement, shall not, in any way, contest, or help others to contest, such ownership or the validity of any registrations or rights of Intertek Design now owned or obtained relating to the Marks.

2. Customer shall not use any names, marks, terms, graphics, or other materials on its Web page or site that are likely to cause confusion with or dilute the distinctiveness of either of the Marks or to damage the reputation or commercial image of Intertek Design or any of its products.

3. Intertek Design, in its sole discretion, may terminate this license immediately for any reason. Upon termination of this license, Customer shall immediately cease all further use of the Marks, or any other similar mark, name or logo, including, without limitation, any name or mark comprising the term "Intertek Design."

2. OWNERSHIP
Intertek Design and its suppliers will at all times retain all title to and ownership of the Deliverables. Deliverables are copyrighted and are protected by worldwide copyright laws and treaty provisions. Except as provided herein, the Deliverables may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Intertek Design's prior written permission. Except as expressly provided herein, Intertek Design does not grant any express or implied right to Customer under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to Customer by Intertek Design in writing or incorporated elsewhere in the Deliverables.

3. OBLIGATIONS OF INTERTEK DESIGN.
Except for initial edits made prior to final delivery, INTERTEK DESIGN will have no obligation under this Agreement to correct any bugs, defects or errors in the Services or Deliverables or to otherwise support or maintain the Services or Deliverables. Notwithstanding the foregoing, INTERTEK DESIGN agrees to provide reasonable technical support to Customer in the form of telephone consulting and "e-mail" to Customer during INTERTEK DESIGN'S normal business hours and at INTERTEK DESIGN'S standard pricing.

4. TERM AND TERMINATION.
(a) This Agreement is effective on the date Customer accepts the terms of this Agreement and shall continue unless terminated pursuant to Section 4(b).
(b) Customer may terminate this Agreement without cause upon notice to Intertek Design. Intertek Design may terminate this Agreement after five (5) days written notice to Customer if customer materially breaches this Agreement, including, without limitation, failure to pay and fails to cure such breach during such five (5) day period.
(c) Upon the termination of this Agreement, Customer will return to Intertek Design all copies of any Deliverables provided to it by Intertek Design. Sections 1(c) 2, 5, 4 and 6 will survive termination of this Agreement.

5. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY.
(a) THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE, WHICH ARE HEREBY DISCLAIMED.
(b) INTERTEK DESIGN SHALL NOT BE LIABLE FOR (1) ANY LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS OR (2) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) REGARDLESS OF THE FORM OR ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INTERTEK DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INTERTEK DESIGN'S LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO INTERTEK DESIGN DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND ABSENT SUCH LIMITATIONS INTERTEK DESIGN WOULD NOT ENTER INTO THIS AGREEMENT.

6. MISCELLANEOUS
This Agreement shall be governed solely by the laws of the State of Illinois , excluding its principles of conflicts of laws. Any action under or relating to this Agreement shall be brought solely in the state and federal courts located in Austin, Texas and each party hereby submits to the personal jurisdiction of such Courts. Each Party agrees that its performance under this Agreement shall in all respects conform to all applicable laws, rules and regulations of the United States governing the export of technical information. Customer may not assign this Agreement without the prior, written permission of Intertek Design. Any purported assignment will be void and without any effect. This Agreement may not be modified or amended except in writing, signed by both Parties. Any purported oral modification or amendment of this Agreement in derogation of the foregoing shall be without any effect. Neither Party may waive any right hereunder except expressly and in writing. Any other purported waiver of any such right shall be without any effect. This Agreement is the entire agreement between the Parties with respect to this subject matter, and supersedes all prior and contemporaneous discussions, negotiations, communications and agreements with respect thereto