Last Updated: June 2003

AGREEMENT BETWEEN YOU AND LANLOGIC, INCORPORATED

The Lanlogic Web Sites consist of various web sites and web pages operated by Lanlogic, Incorporated, 248 Rickenbacker Circle, Livermore, California 94551 (collectively, the "Lanlogic Web Sites")

Lanlogic Web Sites and any product or service offered on a Lanlogic web site (each a "Lanlogic Service", and collectively Lanlogic Services) are offered to you on condition of your acceptance without modification of the terms, conditions, rules, regulations and notices. Your use of a particular Lanlogic Web Site and/or Lanlogic Service included within the Lanlogic Web Sites may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms").

This Agreement governs your purchase and use, in any manner, of all Lanlogic Web Sites and Services, as described in the Order Form, ordered by you and accepted by Lanlogic, Incorporated, ("Lanlogic") and describes the terms and conditions that apply to such purchase and use of the Services.

MODIFICATION OF THESE TERMS OF USE

Our Rules and Regulations are under constant review. Lanlogic reserves the right to change or modify any of the terms and conditions contained in this Agreement 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. Lanlogic may post changes or modifications to referenced policies and guidelines without notice to you and, once revised, you are expected to comply fully with all terms and conditions of the Lanlogic Web Sites. You are responsible for regularly reviewing these terms and conditions. Your continued use of Lanlogic Web Sites and Services constitutes your agreement to all such terms, conditions and notices.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement at http://www.lanlogic.net/privacy.asp for disclosures relating to the collection and use of your personal information.

NO SPAM; DAMAGES

See the No Spam Policy Statement at http://www.lanlogic.net/spam-policy.asp for disclosures relating to spam on our network and actions we may take against Unsolicited Bulk Email and Unsolicited Commercial Email.

TERM AND PAYMENT FOR SERVICES

The Agreement shall be for an "Initial Term" of either (a) thirty (30) days if you register for Monthly Shared Hosting Services, or twelve (12) months from the order date if you register for Yearly Shared Hosting Services, or as otherwise chosen by you in the Order Form, located on the Lanlogic Web Sites, at the time you register for the Lanlogic Services. The 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 notify Lanlogic that you wish to terminate at least seven (7) days prior to the end of the Initial Term or the Renewal Term, whichever is then applicable. You must provide Lanlogic with your notice of termination by clicking on the "Cancel Service" button located on the Site. Upon clicking on the "Cancel Service" button, you will be asked to provide Lanlogic with sufficient customer identification information so that Lanlogic may properly identify you and your account. Any notice of termination will be effective upon Lanlogic's receipt thereof.

If you terminate your Lanlogic Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) Lanlogic shall not refund to you any fees paid in advance of such termination and (b) you shall be required to pay the lesser of three (3) times the standard monthly charge or 100% of Lanlogic's standard monthly charge for each month remaining in the term, unless otherwise expressly provided herein. Not withstanding the foregoing, if you have pre-paid for a one year period of Shared Hosting Services, you are entitled to pro-rata refund of the remaining months in the annual period, calculated at the standard monthly rate for such Shared Hosting Services, not the discounted annual rate. Your termination request must be submitted to Lanlogic in the manner described in above. Lanlogic may terminate this Agreement at any time and for any reason. If Lanlogic terminates this Agreement, Lanlogic shall refund to you the pro-rata portion of pre-paid fees attributable to Services not yet rendered as of the termination date unless otherwise expressly provided herein.

MEMBER ACCOUNT, PASSWORD AND SECURITY

If a particular Lanlogic web site or any product or service offered on a Lanlogic web site (each a "Lanlogic Service", and collectively Lanlogic Services) requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will then choose a password and username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that under your account. You agree to notify Lanlogic immediately of any unauthorized use of your account or any other breach of security. Lanlogic will not be liable for any loss that you may incur as a result of someone using your password or account, either with or without your knowledge. However you could be held liable for losses incurred by Lanlogic or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

Lanlogic reserves the right to reject your application for a member account for any or no reason. Your right to use the Lanlogic Services is personal to you. You may not assign, sell or transfer your member account without prior authorization from Lanlogic.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Lanlogic Web Sites and Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell information, software, products or services obtained from the Lanlogic Web Sites and Services.

LINKS TO THIRD PARTY SITES

The Lanlogic Sites and Services may contain links to third party Web Sites ("Linked Sites"). The Linked Sites are not under the control of Lanlogic and Lanlogic is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Lanlogic is not responsible for web casting or any other form of transmission received from any Linked Site nor is Lanlogic responsible if the Linked Site is not working properly. Lanlogic is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by Lanlogic of the site of any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the Lanlogic Sites and Services or participation in promotion, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or third party. Lanlogic shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Lanlogic Sites and Services, you will not use the Lanlogic Sites and Services for any purpose that is unlawful of prohibited by these terms, conditions, and notices. You may not use the Lanlogic Sites and Services in any manner that could damage, disable, overburden, or impair any Lanlogic Site and Service(s) (or the network(s) connected to any Lanlogic Site and Service(s)) or interfere with any other party's use any enjoyment of any Lanlogic Sites and Services. You may not attempt to gain unauthorized access to any Lanlogic Sites and Services, other accounts, computer systems or networks connected to any Lanlogic Sites and Services, through Hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Lanlogic Sites and Services.

USE OF SERVICES

The Lanlogic Sites and Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
• Use any material or information, including images or photographs, which is made available through the Lanlogic Sites and Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Use of meta tag searches on the web sites.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an Lanlogic Site/Service(s) or other user or usage information or any portion thereof.

Lanlogic has no obligation to monitor the Communication Services. However, Lanlogic reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Lanlogic reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Lanlogic reserves the right at all times to disclose any information as Lanlogic deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Lanlogic 's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Lanlogic does not control or endorse the content, messages or information found in any Communication Service and, therefore, Lanlogic specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Lanlogic spokespersons, and their views do not necessarily reflect those of Lanlogic .

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

OWNERSHIP OF DATA

Data created or stored by you within your account's allocated server space is your property. Lanlogic Inc. makes no claim of ownership of web server content, e-mail content, or any other type of data contained within the account holder’s server space.

MATERIALS PROVIDED TO LANLOGIC OR POSTED AT ANY LANLOGIC WEB SITE

Lanlogic does not claim ownership of the materials you provide to Lanlogic (including feedback and suggestions) or post, upload, input or submit to any Lanlogic Site/Service or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Lanlogic , its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Lanlogic Sites and Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a Lanlogic Site/Service.

No compensation will be paid with respect to the use of your Submission, as provided herein. Lanlogic is under no obligation to post or use any Submission you may provide and Lanlogic may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SOFTWARE AND CONTENT AVAILABLE THROUGH THE LANLOGIC SITES AND SERVICES

All content and software (if any) that is made available to view and/or download in connection with the Lanlogic Sites and Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of Lanlogic Incorporated and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, Lanlogic Incorporated hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular Lanlogic Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE LANLOGIC SITES AND SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE LANLOGIC SITES AND SERVICES AND TO THE INFORMATION THEREIN. LANLOGIC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE LANLOGIC SITES AND SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE LANLOGIC SITES AND SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

LANLOGIC INCORPORATED AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE LANLOGIC SITES AND SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LANLOGIC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT LANLOGIC SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A Lanlogic SITE/SERVICE. YOU SPECIFICALLY AGREE THAT LANLOGIC IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT LANLOGIC IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN LANLOGIC SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL LANLOGIC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Lanlogic Sites and Services, WITH THE DELAY OR INABILITY TO USE THE Lanlogic Sites and Services OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE LANLOGIC SITES AND SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE LANLOGIC SITES AND SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LANLOGIC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE LANLOGIC SITES AND SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LANLOGIC SITES AND SERVICES.

STORAGE SPACE AND OTHER LIMITATIONS

You agree that Lanlogic may establish limits concerning use of any Lanlogic Service offered on an Lanlogic Web Site, including without limitation the maximum number of days that e-mail messages will be retained by any Lanlogic Service, the maximum number of e-mail messages that may be sent from or received by an account on any Lanlogic Service, the maximum size of an e-mail message that may be sent from or received by an account on any Lanlogic Service, the maximum disk space that will be allotted on Lanlogic 's servers on your behalf, and the maximum number of times and duration you may access any Lanlogic Service in a given period of time.

You agree that Lanlogic has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Lanlogic Service. You acknowledge that Lanlogic reserves the right to log off accounts that are inactive for an extended period of time.

LANLOGIC MAKES NO WARRANTY THAT ANY LANLOGIC SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

TERMINATION/ACCESS RESTRICTION

Lanlogic reserves the right, in its sole discretion, to terminate your access to any or all Lanlogic Sites and Services and the related services or any portion thereof at any time, without notice.

Lanlogic may also terminate or suspend your access to Lanlogic Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Lanlogic . The amount of time that Lanlogic currently considers as an "extended" period of time may be viewed in the FAQ relating to the particular service. Upon termination of the Lanlogic Site/Service, your right to use the Lanlogic Site/Service immediately ceases.

Lanlogic shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

GENERAL

This agreement is governed by the laws of the State of California, U. S. A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Alameda County, California, U. S. A. in all disputes arising out of or relating to the use of the Lanlogic Sites and Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lanlogic as a result of this agreement or use of the Lanlogic Sites and Services. You agree to indemnify and hold Lanlogic , its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Lanlogic Sites and Services. Lanlogic reserves the right to disclose any personal information about you or your use of the Lanlogic Sites and Services, including its contents, without your prior permission if Lanlogic has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Lanlogic or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Lanlogic 's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Lanlogic 's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Lanlogic Sites and Services or information provided to or gathered by Lanlogic with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Lanlogic with respect to the Lanlogic Sites and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Lanlogic with respect to the Lanlogic Sites and Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the Lanlogic Web Sites are: Copyright (c) 1996 - 2001 Lanlogic Incorporated and/or its suppliers, 248 Rickenbacker Circle, Livermore, CA U. S. A. All rights reserved.

TRADEMARKS. Lanlogic, and/or other Lanlogic products and services referenced herein may also be either trademarks or registered trademarks of Lanlogic. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.