WebFox.com AGREEMENT AND TERMS OF SERVICE

Welcome to WebFox.com internet marketing and web hosting ervices! This internet marketing and web hosting agreement governs your purchase and use, in any manner, of all web site internet marketing and web hosting services, including the SEO, search engine optimization, social media marketing, web design, PPC management, conversion optimization, website redesign, (collectively, the "Services") as described on the website, and per the signed service agreement ordered by you and accepted by WebFox.com. For purposes of this Agreement, the internet marketing and web hosting Services include the E-Commerce Services. You must register and accept the terms of this Agreement in order to use the Services. BY ACCEPTING THIS AGREEMENT, 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. WebFox.com 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 WebFox.com Web site (the "Site"). WebFox.com will post a notice of such changes or modifications to this Agreement or the Addendum on the Site for thirty (30) days. WebFox.com may post changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following WebFox.com posting of any changes or modifications will constitute your acceptance of such changes or modifications. IF IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCEPT THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY NOTIFY WebFox.com OF YOUR TERMINATION OF THIS AGREEMENT IN THE MANNER DESCRIBED IN SECTION 1.2 BELOW.

WebFox.com RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO INQUIRE ABOUT THE INTENDED USE, INTENDED CONTENT, AND PAYMENT DETAILS OF PROSPECTIVE CUSTOMERS. WebFox.com RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO DECLINE NEW SERVICE TO ANYONE. IT IS OUR RIGHT AS THE SERVICE PROVIDER TO INVESTIGATE, AT ANY TIME, THE CONTENT AND USAGE ON OUR SERVERS AND NETWORK.

1. Terms and Payment for Services

1.1 Term. This Agreement shall be for an "Initial Term" of either (a)6 months if you register for internet marketing 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 WebFox.com 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 internet marketing and web hosting Services or (b) at least thirty (30) days prior to the end of the Initial Term or Renewal Term, whichever is then applicable, if you registered for and are receiving internet marketing and web hosting Services or have pre-paid for an extended period of internet marketing and web hosting Services. You must provide WebFox.com with your notice of termination by sending written notification to WebFox.com through communication channels located on the Site. Upon WebFox.com receipt of the written notice of cancellation, you will be asked to provide WebFox.com with sufficient customer identification information so that WebFox.com may properly identify you and your account. Any authenticated notice of termination will be effective upon WebFox.com 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) WebFox.com shall not refund to you any fees paid in advance of such termination and (b) your services will be terminated immediately. Notwithstanding the foregoing, if you have pre-paid for an extended period of Services, you are entitled to a pro-rated refund of the remaining months, calculated at the standard monthly rate for such Services, not the discounted pre-paid rate. Your termination request must be submitted to WebFox.com in the manner described in Section 1.1. WebFox.com may terminate this Agreement at any time and for any reason by providing to you written notice of termination. If WebFox.com terminates this Agreement, WebFox.com shall refund to you the pro-rated 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, WebFox.com 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 WebFox.com 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 WebFox.com 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 WebFox.com 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 you must choose to pay for the Services either by credit card or upon your receipt of an invoice. If you choose to pay by credit card upon registering, you thereby authorize WebFox.com to charge your credit or debit card to pay for any charges that may apply to your account. You agree that WebFox.com 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 WebFox.com 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 WebFox.com from charging your account. If you choose to be invoiced upon registration, WebFox.com will send an invoice to you for the Services applicable to the period for which you have registered for the Services. WebFox.com may also send periodic invoices to you for any applicable Supplemental Charges associated with your use of the Services. You agree to pay to WebFox.com the amount indicated in each invoice by the due date reflected on the invoice. If you fail to pay any fees and taxes within fifteen (15) days from applicable due date for credit card or invoice payments, late charges of the lesser of one and one-half per cent (5%) per month or the maximum allowable under applicable law shall also become payable by you to WebFox.com . In addition, your failure to fully pay any fees and taxes within fifteen (15) days after the applicable due date will be deemed a material breach of this Agreement, justifying WebFox.com 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 internet marketing and web hosting Services, you may terminate this Agreement at any time during the first thirty (30) days from your initial order date and receive a refund of the monthly hosting payments made by you to WebFox.com for the internet marketing and web hosting Services but, not the Setup Fee. To receive such refund, you must terminate this Agreement in the manner described in Section 1.1 and cease using the Services, and WebFox.com must receive your termination notice, within the above described thirty (30) day period. You agree to provide WebFox.com with a description of why you are not satisfied with the Services and are terminating this Agreement. If WebFox incurred direct cost associated with your service then these fees will be deducted from your refund. In addition, if you received a free domain with your hosting then you must pay WebFox the cost to keep the domain name.

2. Use of Services

2.1 Applicable Policies and Guidelines.

The WebFox.com Acceptable Use And Service Guidelines (the "Usage Guidelines") govern the general policies and procedures for use of the Services. WebFox.com On-line Privacy Practices governs how WebFox.com collects, stores, processes and uses information associated with your use of the Services. The Usage Guidelines is appended to the end of this document, "terms and conditions". 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. WebFox.com 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 WebFox.com equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by WebFox.com . WebFox.com 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", WebFox.com has the option at any time to reject this material. WebFox.com 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 WebFox.com . 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 WebFox.com responsibility to provide this knowledge or customer support outside of the Services agreed to by you and WebFox.com .

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 or what is limited in cpanel, your control panel. 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, WebFox.com may, in its sole discretion, assess you with additional charges, suspend the performance of the Service, or terminate this Agreement. In the event that WebFox.com elects to take any corrective action, you will not be entitled to a refund of any unused pre-paid fees. Unlimited bandwidth, disk storage and other features with unlimited resources will be trimmed, throttled or terminated if abused or excessive usage is determined by WebFox. WebFox, in its sole descretion, will terminate, trim and or throttle unlimited resources for excessive use. Excessive use is solely determined by WebFox.

2.4 Domain Names.

As part of the Services, you will provide WebFox.com with a registered domain name or names or WebFox.com 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 WebFox.comfor any fees paid by WebFox.com to Internet.bs 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 WebFox.com will attempt to register with Internet.bs or other registrar an alternative domain name chosen by you. You agree to be bound by the terms of Internet.bs's 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 WebFox.com 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 WebFox.com 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.

3. Intellectual Property Rights

3.1 Your License Grant to WebFox.com .

You hereby grant to WebFox.com 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 WebFox.com 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 WebFox.com .

You warrant, represent, and covenant to WebFox.com 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 WebFox.com 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 WebFox.com or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by WebFox.comto 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 WebFox.com or its suppliers. WebFox.comshall also maintain and control ownership of all Internet protocol ("IP") numbers and addresses that may be assigned to you by WebFox.com . WebFox.com 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.

WebFox.com 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. WebFox.comwill 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.

WebFox.com 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, WebFox.com 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 WebFox.com , 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 WebFox.com which, in WebFox.com sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes WebFox.com to civil or criminal liability or public ridicule. It is WebFox.compolicy to terminate repeat infringers. The above stated rights of action, however, do not obligate WebFox.com to monitor or exert editorial control over the information made available for distribution via the Services. In the event WebFox.com takes corrective action due to such possible violation, WebFox.com 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 WebFox.com systems and customers, or to ensure the integrity and operation of WebFox.com business and systems, WebFox.com 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 WebFox.com servers and systems. WebFox.com 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 WebFox.com On-line Privacy Practices and WebFox.com right disclose under this section, WebFox.com right to disclose under this section will control.

5. Disclaimed Warranties

You acknowledge and agree that WebFox.com exercises no control over, and accepts no responsibility for, the content of the information passing through WebFox.com 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, WebFox.comDOES 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. Limitations and Exclusion of Liability

6.1 Limitations.

IN NO EVENT SHALL WebFox.com 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 WebFox.com NOR ITS SUPPLIERS SHALL HAVE LIABILITY WITH RESPECT TO WebFox.com OBLIGATIONS UNDER THIS AGREEMENT, THE ADDENDUM OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF WebFox.com 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 WebFox.com AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO WebFox.com 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 WebFox.com HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE WebFox.com 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 WebFox.com and its suppliers will not be liable for any temporary delay, outages or interruptions of the Services. Further, WebFox.com 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). WebFox.comis not an appropriate place to host sites with exceptionally high bandwidth, availability or support requirements.

7. Indemnification

You hereby release and hold harmless, and agree to indemnify, WebFox.com 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 WebFox.com 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). You also hereby release WebFox of any liability for having your website or other accounts like facebook, linkedin, twitter or other similar accounts banned or terminated for any reason.

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 WebFox.com 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. WebFox.com is not the agent, fiduciary, trustee or other representative of you. Except for the rights of WebFox.com 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.

With your permission, WebFox.com may, free of any obligation to pay compensation, use your name and identify you as a WebFox.com 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 CALIFORNIA, 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 RIVERSIDE COUNTY, CALIFORNIA, 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 WebFox.com harmless from your failure to so comply. You agree that WebFox.com 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.

You shall not use the Services in any way that violates U.S. export laws, including without limitation, uses related to the proliferation of weapons of mass destruction, prohibited chemical, biological, or nuclear weapons or missile use. You agree that you are not located in, under control of, or a national or resident of any country restricted as a destination by U.S. law or on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders.

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 WebFox.com prior written consent. WebFox.com 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.

WebFox.com failure to enforce the strict performance of any provision of this Agreement or the Addendum will not constitute a waiver of WebFox.com 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.

9. ADDENDUMS

1. 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 WebFox.com 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 WebFox.com or any of its products.

3. WebFox.com , 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 "WebFox.com ."

RULES AND ACCEPTABLE USE GUIDELINES

Welcome to WebFox.com Internet Marketing and Hosting Services! These Acceptable Use Guidelines ("Usage Guidelines") describe the proper kinds of conduct and prohibited uses of WebFox.com internet marketing and web hosting services (the "Services"), as described and subscribed to pursuant to the Terms and Conditions posted at http://www.WebFox.com (the "Service Agreement"). These Usage Guidelines are not exhaustive and WebFox.com reserves the right to modify these Usage Guidelines at any time, effective upon posting of the modified Terms and Conditions to http://www.WebFox.com. By registering for and using the Services, and thereby accepting the terms and conditions of the Service 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 WebFox.com deems appropriate which is described further in the Service Agreement and Terms of Service.

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, WebFox.com 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). WebFox.com, 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 WebFox.com 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, WebFox.com 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 WebFox.com ACCORDING TO THE Service 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 WebFox.com' 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. WebFox.com 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 WebFox.com determines in its sole discretion is harmful to its servers, systems, network, reputation, good will, other WebFox.com 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 WebFox.com' 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. WebFox.com may investigate incidents involving such violations. WebFox.com 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 WebFox.com' 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.

5. SUB-LEASING WEB SPACE AND COMPETITIVE ACTIVITY

Sub-leasing. Each hosting account is designated for use by one owner, and may not publish content for additional third parties without written permission from WebFox.com. Sub-leasing also means reseller accounts. Reseller accounts are not allowed on WebFox servers. Reseller accounts are defined as accounts that host websites for customers, friends, family members and associates.

Competitive Activity. You may not publish or advertise products or services that compete with the products and services of WebFox.com, including but not limited to Internet Marketing and Web Hosting Services unless you have purchased a reseller account or dedicated server and you do not exceed the reseller limitations of your corresponding plan.

6. 99% UPTIME GUARANTEE

(a) Coverage

These WebFox.com Acceptable Use And Service Guidelines apply to you if you have registered for Hosting Services (collectively, the "Service") and you are in good financial standing with WebFox.com.

(b) Service Level

WebFox.com endeavors to have the content of your Web site available for http access by third parties 99.0% of the time ("Web Site Availability").

(c) Credits

In the event that there is no Web Site Availability, WebFox.com will credit the following month's service fee as follows. For Hosting services, such credit shall be retroactive and shall be as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month.

Customer Web Site Availability Credit
90-98% 10%
80-89% 25%
70-79% 50%
<70% 100%

In order for you to receive a credit on your account, you must request such credit within ten (10) business days after you experienced no Web Site Availability. You must request credit by sending an electronic mail message to support @ WebFox.com. For security, the body of this message must contain your account number, the dates and times of the unavailability of your Web site, and such other customer identification requested by WebFox.com. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event that there is no Web Site Availability.

(d) Restrictions

Credits shall not be provided to you in the event that you have no Web Site Availability resulting from (i) scheduled maintenance as posted from time to time at the WebFox.com Website, (ii) your behavior or the performance or failure of your equipment, facilities or applications, or (iii) circumstances beyond WebFox.com' reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your Web site.

7. DOMAIN AND SSL CERTIFICATE REGISTRATIONS

Although we provide domain and SSL certificate registrations, it is your responsibility to monitor their expiration, and request renewals. We will notify you if possible, however we will not be liable for losses incurred by expired domains or SSL certificates.

8. BACKUPS AND FILE PROTECTION

All web server files are mirrored nightly to a secondary drive, and backed up to a NAS server every night at midnight. WE DO NOT PROVIDE REAL-TIME REDUNDANT FILE BACKUPS. If you would suffer a substantial loss in the event of a primary hard drive failure or other catastrophic event, please implement your own data replication plan to preserve your important data.

Although reasonable efforts have been made to provide security for files and data residing on our servers, we cannot guarantee complete protection. Files residing on internet servers are vulnerable to hacking attempts or unauthorized access by rogue customers or third parties. IT IS YOUR RESPONSIBILITY TO ENCRYPT AND/OR PROTECT ANY SENSITIVE FILES OR DATA KEPT ON OUR SERVERS.

9. PROBLEMATIC WEB SITES OR SUPPORT

WebFox.com, at its discretion, may suspend or terminate without warning, any Web Site or Application causing unreasonable memory usage, CPU utilization, excessive hard drive access, excessive network activity, unhandled error messages, excessive support, or unreasonable uptime demand. Support requests containing hostile, threatening or insulting remarks will be ignored and may also result in termination of your account. WebFox.com will not be liable for downtime incurred by such suspension or termination.

10. ADDITIONAL RULES AND REGULATIONS

The following rules always apply to maintain high standards on our servers. We reserve the right to refuse service to anyone not observing these rules.

General

• No sites with adult, illegal or offensive content; no links to these types of sites

• No foreign content, unless it is translatable using babelfish

• No sites with products or services that compete with WebFox.com

• No sub-leasing of virtual web space without permission

• All sites are monitored for excessive storage, bandwidth or processor usage

• Your service may be suspended if your payment is more than 15 days late

• Email and log files older than 3 months may be removed to conserve disk space

• Technical support is provided in English language only

• To deter fraud, new accounts must be signed up from an IP address local to the credit card address

• We cannot assure that your IP address will be permanent; use a domain instead of hard-coded IP

• Your site must remain portable or easily reconfigurable if we need to move it to a new server

Security

• Internet servers are not secure by default; encrypt your sensitive data

• Any attempt to compromise server security will result in immediate termination and prosecution

• Attempts to read or write files outside of your assigned subfolder is forbidden

• Files written outside of your directory folders will be deleted without warning

• We reserve the right to inspect and remove any file or application uploaded to our servers

• For security reasons, we only allow Frontpage publishing using FTP

Email

• Do not use our servers to send unsolicited mail (SPAM) or reference any site hosted by us in such mail

• Our SMTP servers should not be used for bulk email

• Mailing lists should have no more than 1000 recipients, send no more than once per week

• We reserve the right to filter and remove inbound email thought to contain SPAM or viruses

• Email attachments (inbound and outbound) are limited to 8MB

• Mailboxes are limited to 40MB -- no exceptions

3rd Party Products

• We will consider installing 3rd party products, however we can not guarantee that we will be able to do so

• Uptime for 3rd party products can not be guaranteed, however we will make a reasonable uptime effort

• Clients must purchase their own license(s) for any 3rd party products used on our server

• WebFox.com does not provide 3rd party licenses; you must contact the 3rd party vendor

Web Applications

• All sites are monitored for excessive storage, bandwidth or processor usage

• Web applications receiving heavy usage should be ISAPI dll's

• Any site may be suspended or removed if causing serious problems

• We do not debug applications or scripts; we only provide a working environment

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 support@WebFox.com