Transmedianet Inc. Contract for Web Hosting Services The following agreement is by and between Transmedianet, Inc. (Transmedianet.net.) at the mailing address 1968 west argyle,Chicago,IL.60640 and ___________________________________________________________________ (Your legal or company name) ___________________________________________________________________ (Your address) WHEREAS, Transmedianet.net is Web Presence Provider connected to the Internet. Transmedianet.com offers complete Internet services including site development, E-commerce, storage and secure transfer services over the Internet through access to its Web Server; WHEREAS, Client seeks to utilize Transmedianet.net's server for its own purposes; WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Transmedianet.net can make no guarantee that any given reader shall be able to access Transmedianet.net’s server at any given time. Transmedianet.net represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible; NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows; I. Financial Arrangements 1. Client agrees to a three (3) month contract, beginning upon Transmedianet.net's receipt of this contract by fax, mail, or express mail. Client agrees to pay Transmedianet.net for services rendered pursuant to the following payment schedule. 2. Payment for first three (3) months shall be due upon receipt of contract. 3. This agreement will automatically renew for successive three (3) month periods unless canceled in writing prior to the quarterly renewal date. Client will receive an invoice for charges and payment is due upon receipt. 4. Client may elect to pay annually, in which case special discounts may apply as specified on the price sheet current at the time. II. Taxes Transmedianet.net shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or Transmedianet.net’s server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold. III. Material and Products 1. Client will provide Transmedianet.net with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Transmedianet.net. Transmedianet.net shall make no effort to validate this information for content, correctness or usability 2. Transmedianet.net will exercise no control whatsoever over the content of the information passing through the network except for material judged to be pornographic, obscene or "adult" material, in which cases services will be instantly terminated. Transmedianet.net makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Transmedianet.net also disclaims any warranty of merchant-ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of Transmedianet.net is at the Client's own risk and Transmedianet.net specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection and does not represent guarantees of available end to end bandwidth. Transmedianet.net specifically denies any responsibilities for any damages arising as a consequence of system unavailability. In the event that this material is not "Server-ready", Transmedianet.net may, at its option and at any time, reject this material, including but not limited to after it has been put on Transmedianet.net's Server. Transmedianet.net agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of Transmedianet.net. If the Client fails to modify the material, as directed by Transmedianet.net, within a reasonable period of time, which shall be determined by Transmedianet.net, the Agreement shall be deemed terminated. IV. Trademarks & Copyrights Client warrants that it has the right to use the applicable trademarks, if any, and grants Transmedianet.net.net the right to use such trademarks in connection with Transmedianet.net's Server services. Client agrees to indemnify and hold harmless Transmedianet.net.net from any demands, claims or damages from third parties for the illegal use of trademarks and copyrighted material. V. Hardware, Equipment & Software The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Transmedianet.net. Transmedianet.net makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Transmedianet.net service. VI. Age The Customer certifies that he or she is at least 18 years of age. VII. Internet Etiquette Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Transmedianet.net may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Transmedianet.net. All messages transmitted via Transmedianet.net should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. VIII. Termination This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. In such event, the canceling party will be required to pay to other party an amount equal to the unused portion of service excluding any hosting or setup charges. Notwithstanding the above, Transmedianet.net may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement. During the first 30 days the Client is entitled to a 100% money back guarantee that applies in the event the Client is dissatisfied with the service for any reason (excluding InterNIC or other external services and fees which we do not control). This applies to web hosting fees, and does not apply to web promotion, web design, custom programming work, and set up fees other than for web hosting, such as for CyberCash, Chat Rooms, Forums, etc. IX. Limited Liability 1. Client expressly agrees that use of Transmedianet.net’s Server is at Client's sole risk. Neither Transmedianet.net, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Transmedianet.net’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Transmedianet.net Server service, unless otherwise expressly stated in this Agreement. 2. Under no circumstances, including negligence, shall Transmedianet.net, its offices, agents or any one else involved in creating, producing or distributing Transmedianet.net’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Transmedianet.net Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Transmedianet.net’s records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Transmedianet.net’s Server service. 3. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement. X. Lawful Purpose Client may only use Transmedianet.net’s Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or "ADULT", or material protected by trade secrets. Use of Transmedianet.net’s facilities for bulk e-mail of any kind (spam or UCE) is expressly prohibited. XI. Indemnification Client agrees that it shall defend, indemnify, save and hold Transmedianet.net harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Transmedianet.net, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Transmedianet.net against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Transmedianet.net's Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on Transmedianet.net Server. XII. Bandwith Limitations Bandwidth is the measure for the rate at which data can be transferred. The limitations of such are those specified in each package, i.e., 500mb for the standard Web site. Transmedianet.net enforces quota limits only on those packages that are designed for a limited amount of usage of bandwidth per month. If client usage of bandwidth approaches or exceeds the monthly limits of the prescribed package, Transmedianet.net will not terminate or deny service, but will accommodate the client needs for an adjusted fee. Transmedianet.net reserves the right to revise this policy on a commercial basis. In the event the policy is revised, client shall have at least 30 days advance notice of such changes in Transmedianet.net’s policy. XIII. Paragraph Headings The headings of the several paragraphs of this Agreement are inserted solely for the convenience of reference and are not a part of and are not intended to govern, limit or aid in the construction of any term or provision hereof. XIV. Construction Except where otherwise required by the context, words of any gender used herein shall be deemed to include any and all genders and the singular and plural shall be interchangeable. XV. Binding Effect This Agreement shall inure to the benefit of and shall bind the parties and their executors, administrators, heirs, assigns and successors in interest. XVI. Severability The provisions of this Agreement are severable, and in the event that any provision is declared invalid, this Agreement shall be interpreted as if such invalid provision were not contained herein. XVII. Applicable Law and Venue This Agreement shall constitute a contract under the laws of the State of Illinois and shall be governed and construed in accordance with the laws of the State. Any suit brought hereunder shall be brought in Chicago,Illinois. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties. This Agreement shall be governed and construed in accordance with the laws of the State of Ohio. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date indicated below. _______________________________________________________________________ Date ____________ Client, Sign and Print Name _______________________________________________________________________ Date ____________ Transmedianet Inc., Sign and Print Name [ ] Enclosed is a check payable to: Transmedianet.net, Inc. or charge my credit card (check one): [ ] American Express, [ ] Visa, [ ] MasterCard [ ] Discover NOTE: PLEASE FILL IN THE NAME/ADDRESS INFORMATION EVEN IF NOT PAYING BY CREDIT CARD. LEAVE CREDIT CARD # AND EXPIRATION BLANK IF PAYING BY CHECK. Name (as it appears on credit card) Company _______________________________________________________________________________________ Street/Apt. _____________________________________________ City _____________________________ State __________Zip __________ Daytime Phone # ___________________ Fax # ____________________ Credit card # _____________________________________________ Expiration date __________________ Credit card signature _______________________________________________ Date __________________ Desired Domain Name ____________________________________________________ (.com / .net / .org / .edu / .firm / .shop / .rec / .arts / .info / .web) [ ] NEW DOMAIN [ ] TRANSFER DOMAIN [ ] DO NOT TRANSFER DOMAIN YET! You will be assigned http://DesiredDomainName.Transmedianet.net until your Domain Name is approved by the InterNIC or National/TLD Registry. Existing E-mail account to notify you when the account is ready: ___________________________________ (This must be an email address OUTSIDE of your desired domain) Existing E-mail account to forward your email to (or enter POP3): __________________________________ (This must be an email address OUTSIDE of your desired domain) Desired User name _______________________________________ Password ________________________ (SEE EXPLANATION) User name is always all lowercase. Please UNDERLINE "upper case" in the password letters for clarity. The "login id" must be a lower-case ID of 2-8 characters. The password must be 7-8 characters, MIX of upper case and lower case OR a MIX of numbers and letters. Easy to guess passwords will be rejected for security reasons. You will need your login ID and password for FTP, web authoring, and to retrieve your e-mail. InterNIC Fees: Transmedianet.net is not responsible for monitoring, maintaining, or payment of your Domain Name with InterNIC in any manner. Client must have an account with Transmedianet.net, Inc. before registering a new Domain Name, or Modifying an existing Domain Name, and using Transmedianet.net, Inc. as the Technical Contact. Below info will be passed to InterNIC as given, InterNIC will bill you directly. InterNIC Information (required for domain registration): Company Name: _________________________________________________________________________ Company Address: ______________________________________________Office/Apt. ________________ City ___________________________________ State __________ Zip ___________ Country ___________ Daytime Phone # (with area code) _______________________ Fax # (with area code) _________________ Please specify name, address, phone, fax and e-mail for contacts, or enter INTERNIC HANDLE if known. Administrative Contact: _____________________________________ Admin E-mail -_________________ Billing Contact ____________________________________________ Billing E-mail __________________ CHECK IF REQUIRED: [ ] MS FrontPage [ ] SSL [ ] RealAudio [ ] mSQL HOW DID YOU HEAR ABOUT US? [ ] Business referral. Please specify: [ ] Business magazine. Please specify: [ ] Search engine on WWW. Please specify: [ ] Existing client. Please specify: Transmedianet, Inc. 1968 west argyle Chicago,IL.60640 Phone: 773.472.6317. Fax: 773.472.6317. E-mail: sales@transmedianet.net http://www.transmedianet.net Please Mail or Fax a signed/completed copy of this contract (all pages). E-MAIL IS NOT ACCEPTABLE (HARD COPY NEEDED AS A LEGAL REQUIREMENT) Please call us at 773.472.6317. if you have any questions on filling out the contract and we will be happy to walk you through