Terms of Service

Effective May 21, 2007

You (the "Client"), by using, accessing, or attempting to interact with, Endtegrity Solutions, or other Endtegrity Solutions software, services, websites, or any of their licensees services or software (collectively "Services"), agree to be bound and abide by the terms and conditions of this Agreement with Endtegrity Solutions.

Overview

You agree that the Services, which includes all software and documentation, both electronic or printed media, contain copyrighted material, trade secrets, patent pending material, and other proprietary intellectual property. The Services are the proprietary property of Endtegrity Solutions. They are protected by copyright, trade secret, and patent laws, and other proprietary rights and laws, and they may only be used or accessed as specifically provided for in this Agreement. You agree that you will only use the Services if you are a person over 18 years of age. You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part. You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the law in the federal and state courts located in Georgia. The Services are offered on an "as is" basis and used by the client solely at his or her own risk. All client-specific information provided by client in connection with Services shall be used to provide services and features to the client and to maintain the associated websites.

Acceptable Use

Endtegrity Solutions does not allow any of the following content, or links to such content, to be published on the Service:

* Content of a pornographic, sexually explicit, or violent nature.
* Content of an illegal nature (including stolen copyrighted material).
* Pirated software sites, including cracking programs or cracking program archives.
* Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.

Clients posting any of the above content on their sites will be notified using client's current email address on file, and given a 48 hour grace period to make any corrective actions. If no corrective actions are taken, Endtegrity Solutions will suspend the services of the member account until a resolution is met between Endtegrity Solutions and the client. A repeated violation of this Policy may cause cancellation of service without refund of any fees.
In addition, Endtegrity Solutions does not allow any of the following:
* clients may not use the Service as a remote storage server only.
* clients may not access the Service through automated methods. Use of robots or other computer code which calls the Service, except where explicitly allowed, is absolutely forbidden.
* clients must exercise caution when hosting large downloads (>10MB). Endtegrity Solutions reserves the right to refuse to host any large downloadable files.
* clients may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Service.

Clients are not permitted to knowingly allow another website or hosting server to link to content files stored on Endtegrity Solution's servers. clients deemed to be using Endtegrity Solutions solely as a remote storage server will have their account immediately terminated and will have all files associated with their account permanently removed. The final choice of whether an account is in violation of any of these policies is at the sole discretion of Endtegrity Solutions. Violation of any of these policies may result in tracking information being stored to identify the offending client, and permanent restriction from holding an account on the Service.

Fees

Client agrees to either a three (3) month or twelve (12) month contract agreement with Endtegrity Solutions. Client can opt to upgrade or downgrade their service agreement to any other contract agreement that Endtegrity Solutions is currently offering for sale at any time during client's contract term. In the event of a contract downgrade, a discount credit will be issued to client's Endtegrity Solutions account for the difference in the cost of the two contracts over the remainder of the client's original contract term. This credit can be applied to future months of service with Endtegrity Solutions, and is in no way transferable to a cash refund. At the end of the contract term, the contract will automatically renew indefinitely until explicitly cancelled by the client. Cancellation must be issued via email from the client's administrive email account to billing@endtegrity.com. Any cancellation must be done at least three (3) days prior to the end of the contract term to allow for adequate processing time.

Chargeback / Refund Policy

Endtegrity Solutions will issue cash refunds for early contract cancellation on a prorated basis. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount. Endtegrity Solutions has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.

Material and Products

Endtegrity Solutions and its Partners provide Services on an "as is" basis. Endtegrity Solutions shall make no effort to validate any information provided by the client for use with Services for content, correctness or usability. Use of Endtegrity Solutions services requires a certain level of knowledge in the use the Internet and World Wide Web. The client is required to have the necessary knowledge to use the Internet and the World Wide Web. Only services and features clearly indicated as "free" or "no charge" are free or without charge. All other applications, features, functionality and support provided by Endtegrity Solutions and its partners are provided for a fee and the client is liable for such fees. The client may not rent or lease or provide the Services (including any software or documentation used by or with the service) to third parties. The client may not decompile, disassemble, reverse engineer, copy, create a derivative work, or display the Software code in human readable form, or otherwise use the Services (which includes its software and documentation) except as explicitly provided for in this agreement. The client may not store, publish, or give the Services (including software and documentation) to others, or otherwise enable its use by others.

Endtegrity Solutions Etiquette and Privacy

Electronic forums such as mail distribution lists and news groups all have expectations regarding subject area and appropriate etiquette for posting. clients 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 Endtegrity Solutions may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Endtegrity Solutions All messages transmitted via Endtegrity Solutions should correctly identify the sender; clients may not alter the attribution of origin in electronic mail messages or posting. All clients shall not attempt to undermine the security or integrity of computing systems or networks of Endtegrity Solutions, its Partners, or those accessed through or with their product, and must not attempt to gain unauthorized access. All client-specific information provided by client in connection with Services shall be governed by the Endtegrity Solutions Privacy Policy (located at http://www.endtegrity.com/privacy). client understands and accepts all terms and conditions contained within the Endtegrity Solutions Privacy Policy. Endtegrity Solutions reserves the right to terminate any account that does not include a valid email address on file. This email address must be stored in the profile for the administrative account within client's website on the Endtegrity Solutions system.

Age and Nature of the Client

The client certifies that he or she is a person at least 18 years of age. The Services may not be used by any automated device or automated computational machine. The Service may only be used or accessed through an electronic device under the manual control of client at all times.

Taxes

Endtegrity Solutions shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from or by the client or through the Endtegrity Solutions services. The client takes full responsibility for all taxes and fees of any nature associated with Services used or products purchased.

Lawful Purpose

Services provided to or used by the client may only be for lawful purposes. Transmission, storage, copying, or modifying any material or other actions by client in violation of any Federal, State or Local regulation is prohibited. This includes material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material. clients are prohibited from using Endtegrity Solutions services for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which Endtegrity Solutions deems, in its sole discretion, to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of the Endtegrity Solutions management. The subscriber agrees to indemnify and hold harmless and defend Endtegrity Solutions from any claims resulting from the client's use or client's allowed use by others of the Services which damages either Endtegrity Solutions, its officers, its employees, its directors, its partners, or another party or parties.

Limited Liability

Client shall defend, indemnify, save and hold Endtegrity Solutions (including, its agents, its clients, its servants, officers, directors and employees) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against them, that may arise or result from any service provided or performed or agreed to be performed or any product used or sold by or to client, its agents, employees or assigns. client shall defend, indemnify and hold harmless Endtegrity Solutions (including, its agents, its clients, its servants, officers, directors and employees) against any and all Liabilities caused directly or indirectly the client or any person who client allows to access the Services. Under no circumstances, including negligence, shall Endtegrity Solutions (including, its agents, its clients, its servants, officers, directors and employees) or any one else involved in creating, producing or distributing Endtegrity Solutions services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Endtegrity Solutions 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 Endtegrity Solutions records, programs or services. This paragraph shall apply to all content and functionality of Endtegrity Solutions Service. 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 directly to Endtegrity Solutions during the current month. Such limitations shall apply to Endtegrity Solutions total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

Trademarks and Copyrights

Client warrants that its content does not infringe any third party copyrights or patents.

Service Reliability and Warranties

Endtegrity Solutions makes no warranties or representations of any kind, whether expressed or implied for the Services. client's, use of Endtegrity Solutions services are at client's sole risk. Neither Endtegrity Solutions, its employees, directors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Endtegrity Solutions 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 Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Endtegrity Solutions Service, unless otherwise expressly stated in this Agreement. Endtegrity Solutions also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the client, or viewers and clients of client's materials, 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 Endtegrity Solutions is at the client's own risk, and Endtegrity Solutions specifically denies any responsibility for the accuracy or quality of information obtained through its services. Damages claims for unavailability of the Service against Endtegrity Solutions are expressly limited to the pro-rata portion of any monthly charge pre-paid by the client directly to Endtegrity Solutions for the period of the system unavailability. "System unavailability" shall be narrowly defined as an unscheduled outage of more than 2 hours, but in no case shall include outages for maintenance, upgrade or repair where clients are provided notice of such outages in advance via e-mail notice to their Services accounts. Under no circumstances will Endtegrity Solutions bear any responsibility for any damages arising as a consequence of such unavailability.

Contract Revisions and Applicable Legal Jurisdiction

Revisions to this Agreement will be applicable to previous version of this Agreement. Revisions will be considered agreed to by the client continuing to use of or access the Services in any way. Endtegrity Solutions reserves all rights for changes and/or modifications to the Services and rates and will communicate these changes to the subscriber within 30 days of their effect. This Agreement constitutes the entire understanding of the parties, and is agreed to being entered into in the State of Georgia. This Agreement shall be governed and construed in accordance with the laws of the State of Georgia and no party shall object to removal or prosecution of any litigation to a federal or state court in Georgia.

Termination

This Service may be terminated by either party, without cause, by giving the other party 3 days written notice. Notwithstanding the above, Endtegrity Solutions may terminate Services at any time, without penalty and without notice, if the client fails to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services. Endtegrity Solutions may also seek legal prosecution of any violations of law or this Agreement and the client agrees to personal jurisdiction by the Courts in the State of Georgia. Upon notice of termination of Services by Endtegrity Solutions to client via contact e-mail to client's Services account and contact e-mail account provided in client's personal information, or voluntary termination of service by client, Endtegrity Solutions has the right to delete all data, files, or other information that is stored in the client's account for any reason.

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ph: 404.839.2511 or fax: 630.839.2514