1. Services. In consideration for the payments to be made by Customer pursuant to the terms of this Agreement, Spiderlink will provide to Customer a high speed connection (100 MegaBit burstable access) to the Internet for commercial and research uses via Spiderlink's network and computer facilities, which will be operated seven days per week, twenty-four hours per day (the Services). The Services provided by Spiderlink are subject to all of the terms and conditions of this Agreement.

2. Payment. In consideration for the Services to be provided by Spiderlink, Customer shall pay to Spiderlink a monthly fee in accordance with the Spiderlink fee schedule. Payment shall be due immediately upon Customer's receipt of Spiderlink's monthly invoice.

3. Term. Customer's service will be determined on a month to month basis within the term of this agreement. Spiderlink may cancel this Agreement and the Services without notice upon (i) Customer's failure to pay any amounts invoiced here under within thirty (30) days after the date of the invoice, or (ii) Spiderlink's determination, in its reasonable discretion, that Customer has used the Services fraudulently, unlawfully or abusively, and has failed or refused to cease such fraudulent, unlawful or abusive use.(iii) Customer's failure or refusal to cure any breach of this Agreement (other than as mentioned above) within fifteen days after notice of such breach has been given by Spiderlink to Customer. Upon such cancellation, Spiderlink shall remove all of Customer's electronically stored data from Spiderlink's facilities without liability of any kind to Spiderlink. DNS services must be transferred for customers moving to a different hosting provider. Arrangements must be made with new provider for any such migrations.

4. Restrictions. The Services, and Customer's use of the Services, are subject to the following restrictions:

a. Inappropriate Content Prohibited. Customer's use of the Services shall not constitute libel or defamation of character, nor infringe on any copyright, trademark or patent, nor shall it violate (i) any trade secret or other intellectual property right of any third party, or (ii) any federal, state, or local law, regulation or ordinance, including those pertaining to obscenity, applicable in an area where the Content can be viewed or retrieved;

b. Sending unsolicited bulk and/or commercial messages over the Internet (also known as Spam) is strictly prohibited. It is not only harmful because of its negative impact on consumer attitudes toward Spiderlink, but also because it can overload Spiderlink's network and disrupt service to Spiderlink subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Spiderlink has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

Sending bulk mail to email lists purchased or rented from a third party is strictly prohibited. Any recipients requesting removal from an email subscription must be removed prior to the next mailing. Violations will be met with swift action which may include suspension or termination of services.

In the event that Customer violates any of these restrictions, Customer shall indemnify and hold harmless Spiderlink and its directors, officers, shareholders, agents and contractors from and against any and all allegations, claims, expenses (including reasonable attorneys' fees), liability or suits made, threatened or brought in relation to or arising from such violation.

5. No Archival Services. Spiderlink provides temporary storage of Customer's data as well as backups. However, Spiderlink shall have no responsibility for failure to backup, or loss of, any of Customer's data. Customer is responsible for providing any archival history services with respect to its data, whether created by Customer or a third party.

6. Disclaimer of Warranties. Spiderlink exercises no control whatsoever over the content, accuracy or quality of the information passing through its network or any products ordered by Customer via its network. The Services and any information or products obtained by Customer through the Services are provided "AS IS" without any warranties whatsoever, express or implied. The warranties of merchantability and fitness of the Services, such information and products for a particular purpose are hereby specifically disclaimed.

7. Limitation of Liability. In no event shall either party be liable to the other for any indirect, incidental or consequential damages arising out of or in relation to this Agreement or the Services, including, but not limited to, damages incurred by Customer resulting from loss of data, due to delays, non deliveries, power outages, misdeliveries or interruptions in Service, regardless of the cause.

8. Force Majeure. Neither party shall be considered in default of its obligations hereunder (except the payment of money, which shall not be excused) if performance of such obligations is prevented or delayed by acts of God or government, war, riots, acts of civil disorder, labor disputes, failure or delay of transportation, or such other causes as are beyond such party's control.