SERVICES. MarketPress will provide Client web hosting and related services via one of the usage plans Client has selected (usage plans are described in MarketPress online price list at http://www.homepress.com). Web services will be activated for Client upon receipt of an initial deposit and signed contract. Client agrees that MarketPress or third parties providing services requested by Client may collect, use and disseminate information provided by Client.

CLIENT RESPONSIBILITIES. Client is solely responsible for Client’s personal use of the resources made available through MarketPress. Client shall provide all equipment required to use web services, maintain the security of its passwords and be responsible for all charges incurred on Client’s account. Client shall not use Services in a manner that is libelous, defamatory, obscene, infringing, illegal or in violation of any MarketPress policy. Client may not use the e-mail system to send unsolicited mail or Usenet postings. Client shall not abuse the system or the Internet or its resources. Refer to MarketPress Policy on Appropriate Use located on the MarketPress Home Page at http://www.homepress.com for more information. Client shall indemnify and hold harmless MarketPress from and against any liabilities, expenses (including attorneys’ fees) and damages arising out of any claims based on Client’s use of MarketPress services, including any claim of lib, defamation, unfair competition, violation of rights of privacy or publicity, infringement of any intellectual property rights or any other illegal act of Client.

PAYMENT TERMS. Client’s billing cycle will commence on the activation date and Client will be billed monthly thereafter at the prevailing rates. Client’s basic service fee for each month will be billed at the beginning of the billing cycle and will include additional usage fees, if any, from the prior month as well as maintenance fees and accrued hours for design or support services. Client will incur additional charges if usage exceeds the services provided in the applicable usage plan as found at www.homepress.com. Payment is due upon Client’s receipt of the monthly bill. Failure by Client to pay amounts due within 30 days may result in termination of services. Late charges will accrue at the rate of 1.5% per month or the maximum rate permitted by law on the outstanding balance until such amount is paid in full. Client agrees to pay all expenses incurred by MarketPress in the collection of any overdue amounts. MarketPress may change its prices upon 30 days notice to Client.

INITIAL FEES. Client’s initial billing will consist of any set up fees, INTERNIC fees plus first three (1) month’s usage fees, and a deposit equal to estimated hours of site development. Client’s account will not be activated until these initial fees are received.

TERMINATION. Client’s account may be terminated by (1) Client upon 30 days’ written notice prior to Client’s next billing cycle, or (2) MarketPress at any time, without notice, if Client fails to abide by the terms of this Agreement, including failure to pay amounts when due. In addition, Client agrees that MarketPress may revoke access to MarketPress Web Hosting Accounts for abusive conduct on the system and/or the Internet. Termination will be effective at the end of the billing cycle. If Client terminates its MarketPress account within 30 days of activation, Client shall receive a full refund of amounts paid, excluding InterNIC charges and registration fees associated with domain name registration and any excess bandwidth or other additional usage charges incurred during such period.

NO WARRANTIES AND LIMITATION OF LIABILITY. MARKETPRESS SERVICES ARE PROVIDED “AS IS”. MARKETPRESS MAKES NO REPRESENTATION OR WARRANTY REGARDING CONTENT, GOODS OR SERVICES PROVIDED AND SPECIFICALLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MARKETPRESS DOES NOT WARRANT THAT MARKETPRESS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MARKETPRESS SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF CLIENT’S USE OF OR INABILITY TO USE MARKETPRESS SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, EVEN IF MARKETPRESSHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY AND EXCLUSION OF DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

GOVERNING LAW. This Agreement shall be governed by and interpreted in accordance with the laws of the State North Carolina, USA, and Client consents to the exclusive jurisdiction and venue of the courts in the County of Wake, North Carolina in all matters and disputes relating to Client’s use of MarketPress services or this Agreement.