Welcome to Quicksilver Websites' web hosting services. This Hosting Agreement governs your purchase and use, in any manner, of all web hosting services, including the Shared Hosting Services and the Dedicated Hosting Services, (collectively, the "Services") as described in the Order Form, ordered by you and accepted by Quicksilver Websites, and describes the terms and conditions that apply to such purchase and use of the Services. If you have registered for Co-Location Services, then the term "Services" shall also include such Co-Location Services so that this Agreement will govern your purchase and use of all such Services (including Co-Location Services); provided, however, that your purchase and use of the Co-Location Services shall also be governed by the terms and conditions set forth in Section 9 to this Agreement. If you did not register for Co-Location Services, however, then Section 9 is inapplicable to your purchase and use of the Services. For purposes of this Agreement, the Shared 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.

Quicksilver Websites 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. Any changes or modification will be effective upon posting of the revisions on the QuicksilverWS.com web site (the "Web Site"). Quicksilver Websites will post a notice of such changes or modifications to this Agreement or the Addendum on the Web Site for thirty (30) days. Quicksilver Websites may post changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Quicksilver Websites' posting of any changes or modifications will constitute your acceptance of such changes or modifications. 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 QUICKSILVER WEBSITES OF YOUR TERMINATION OF THIS AGREEMENT IN THE MANNER DESCRIBED IN SECTION 1B BELOW.

1.       Term and Payment for Services

A.      Term

This Agreement shall be for an "Initial Term" of either (a) thirty (30) days if you register for Shared Hosting Services, or (b) twelve (12) months from the order date if you register for Dedicated Hosting Services, or (c) 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 Quicksilver Websites 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 Shared 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 Dedicated Hosting Services or have pre-paid for a one year period of Shared Hosting Services. You must provide Quicksilver Websites with your notice of termination by canceling your service via the Web Site. Upon canceling your service, you will be asked to provide Quicksilver Websites with sufficient customer identification information so that Quicksilver Websites may properly identify you and your account. Any notice of termination will be effective upon Quicksilver Websites' receipt thereof.

B.      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) Quicksilver Websites 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 Quicksilver Websites' standard monthly charge for each month remaining in the term, unless otherwise expressly provided herein. Your termination request must be submitted to Quicksilver Websites in the manner described in Section 1A. Quicksilver Websites may terminate this Agreement at any time and for any reason by providing to you thirty (30) days prior written notice of termination. If Quicksilver Websites terminates this Agreement, Quicksilver Websites 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.

C.      Liability and Obligations on Termination

Should the Agreement expire or be terminated for any reason, Quicksilver Websites 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 Quicksilver Websites as provided in this Agreement.

D.      Charges

You agree to pay for all charges attributable to your use of the Services at the then current Quicksilver Websites 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. You shall be responsible for paying any banking fees associated with the Services, including but not limited to returned check fees, chargeback fees, wire transfer fees, and processing fees. Your account will be assessed a $29 returned check fee for each returned check associated with your account, a $29 chargeback fee for each credit card chargeback associated with your account, and a $25 wire transfer fee for each payment received by wire transfer. These fees are non-refundable and subject to change without notice.

E.       Payment

All charges for Services must be paid in advance according to the then current price applicable to the Services. Upon registration for Shared Hosting Services or Dedicated Hosting Services, 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 for Shared Hosting Services or Dedicated Hosting Services, you thereby authorize Quicksilver Websites to charge your credit or debit card to pay for any charges that may apply to your account. You agree that Quicksilver Websites 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 Quicksilver Websites 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 Quicksilver Websites from charging your account. If you choose to be invoiced upon registration for Shared Hosting Services or Dedicated Hosting Services, Quicksilver Websites will send an invoice to you for the Services applicable to the period for which you have registered for the Services. Quicksilver Websites may also send periodic invoices to you for any applicable Supplemental Charges associated with your use of the Services. You agree to pay to Quicksilver Websites the amount indicated in each invoice by the due date reflected on the invoice. If you fail to pay any fees and taxes within ten (10) days from applicable due date for credit card or invoice payments, late charges of the lesser of one and one-half per cent (1.5%) per month or the maximum allowable under applicable law shall also become payable by you to Quicksilver Websites. In addition, your failure to fully pay any fees and taxes within ten (10) days after the applicable due date will be deemed a material breach of this Agreement, justifying Quicksilver Websites' 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.

F.       30-Day Money Back Guarantee

Notwithstanding Sections 1A through 1D, if you are not fully satisfied with the Shared Hosting Services, you may terminate this Agreement at any time during the first thirty (30) days from your initial order date and receive a full refund of all payments made by you to Quicksilver Websites for the Shared Hosting Services. This does not include any setup fees or fees paid for domain registration. To receive such refund, you must terminate this Agreement in the manner described in Section 1A and cease using the Services, and Quicksilver Websites must receive your termination notice, within the above described thirty (30) day period. You agree to provide Quicksilver Websites with a description of why you are not satisfied with the Services and are terminating this Agreement.

2.       Use of Services

A.      Applicable Policies

The Quicksilver Websites Acceptable Use Policy governs the general policies and procedures for use of the Services. Quicksilver Websites' Privacy Policy governs how Quicksilver Websites collects, stores, processes and uses information associated with your use of the Services. The Acceptable Use Policy and the Privacy Policy are posted on Quicksilver Websites' web site and may be updated from time to time. YOU SHOULD CAREFULLY READ THE ACCEPTABLE USE POLICY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE ACCEPTABLE USE POLICY AND ANY MODIFICATIONS THERETO. QUICKSILVER WEBSITES RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE USAGE GUIDELINES OR THIS AGREEMENT.

B.      Account Information

You agree to provide Quicksilver Websites with accurate and updated account information. This includes but is not limited to name, address, phone number, e-mail address, and payment information. It is not Quicksilver Websites' responsibility if we are unable to contact you as a result of inaccurate account information.

C.      Material and Product Requirements

You must ensure that all material and data placed on Quicksilver Websites' equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by Quicksilver Websites. Quicksilver Websites 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", Quicksilver Websites has the option at any time to reject this material. Quicksilver Websites 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 Quicksilver Websites. 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 Quicksilver Websites' responsibility to provide this knowledge or customer support outside of the Services agreed to by you and Quicksilver Websites.

D.      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. 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, Quicksilver Websites may, in its sole discretion, assess you with additional charges, suspend the performance of the Service, or terminate this Agreement. In the event that Quicksilver Websites elects to take any corrective action, you will not be entitled to a refund of any unused pre-paid fees.

E.       Domain Names

As part of the Services, you will provide Quicksilver Websites with a registered domain name or names or Quicksilver Websites 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 Quicksilver Websites for any fees paid by Quicksilver Websites to Network Solutions 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 Quicksilver Websites will attempt to register with Network Solutions or other registrar an alternative domain name chosen by you. You agree to be bound by the terms of Network Solutions' 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 Quicksilver Websites 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 Quicksilver Websites 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.

F.       Co-Location Services

If you have registered for Co-Location Services, Quicksilver Websites' provision of such services is subject to, in addition to the terms of this Agreement, the terms and conditions set forth in Section 9 to this Agreement. If you did not register for Co-Location Services, however, Section 9 is inapplicable to your receipt of the Services.

3.       Intellectual Property Rights

A.      Your License Grant to Quicksilver Websites

You hereby grant to Quicksilver Websites 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 Quicksilver Websites 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.

B.      Your Warranties And Representations to Quicksilver Websites

You warrant, represent, and covenant to Quicksilver Websites 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.

C.      Quicksilver Websites 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 Quicksilver Websites or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by Quicksilver Websites to 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 Quicksilver Websites or its suppliers. Quicksilver Websites shall also maintain and control ownership of all Internet protocol ("IP") numbers and addresses that may be assigned to you by Quicksilver Websites. Quicksilver Websites reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

4.       Enforcement

A.      Investigation of Violations

Quicksilver Websites may investigate any reported violation of this Agreement, 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. Quicksilver Websites will 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.

B.      Actions

Quicksilver Websites reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement or related policies, 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, any related policies, third party rights or laws, Quicksilver Websites 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 Quicksilver Websites' systems, 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 Quicksilver Websites which, in Quicksilver Websites' sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes Quicksilver Websites to civil or criminal liability or public ridicule. It is Quicksilver Websites' policy to terminate repeat infringers. The above stated rights of action, however, do not obligate Quicksilver Websites to monitor or exert editorial control over the information made available for distribution via the Services. In the event Quicksilver Websites takes corrective action due to such possible violation, Quicksilver Websites shall not be obligated to refund to you any fees paid in advance of such corrective action.

C.      Disclosure Rights

To comply with applicable laws and lawful governmental requests, to protect Quicksilver Websites' systems and customers, or to ensure the integrity and operation of Quicksilver Websites' business and systems, Quicksilver Websites 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 Quicksilver Websites' servers and systems. Quicksilver Websites 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 Quicksilver Websites' Privacy Policy and Quicksilver Websites' right disclose under this section, Quicksilver Websites' right to disclose under this section will control.

5.       Disclaimed Warranties

You acknowledge and agree that Quicksilver Websites exercises no control over, and accepts no responsibility for, the content of the information passing through Quicksilver Websites' 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, QUICKSILVER WEBSITES DOES 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.       Limitation and Exclusion of Liability

A.      Limitations

IN NO EVENT SHALL QUICKSILVER WEBSITES 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 QUICKSILVER WEBSITES NOR ITS SUPPLIERS SHALL HAVE LIABILITY WITH RESPECT TO QUICKSILVER WEBSITES’ OBLIGATIONS UNDER THIS AGREEMENT, THE ADDENDUM OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF QUICKSILVER WEBSITES 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 QUICKSILVER WEBSITES AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO QUICKSILVER WEBSITES 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 QUICKSILVER WEBSITES HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE QUICKSILVER WEBSITES AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6A.

B.      Interruption of Service

You hereby acknowledge and agree that Quicksilver Websites and its suppliers will not be liable for any temporary delay, outages or interruptions of the Services. Further, Quicksilver Websites 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).

C.      Service Level Agreement (SLA)

                                                         i.            99.9% Uptime Guarantee

Quicksilver Websites’ network uses multiple, redundant, high-speed connections providing fast, reliable connectivity. We understand the importance of providing a reliable service and have developed the following level of service to ensure maximum performance and uptime. The Quicksilver Websites Service Level Agreement (SLA) provides for network quality and web site availability.

                                                       ii.            Coverage

These guidelines apply to Quicksilver Websites customers that have registered for either Shared Hosting Services, Dedicated Hosting Services, or Co-located Hosting Services (collectively, the "Services") and who are in good financial standing with Quicksilver Websites, Inc.

                                                      iii.            Service Level

Quicksilver Websites endeavors to have the content of customer’s web site available for http access by third parties 99.9% of the time ("Web Site Availability"), in a given month, excluding the restrictions below. Downtime exists when third parties are unable to transmit and receive data and Quicksilver Websites records such failure within its monitoring systems. Downtime is measured from the time the trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.

                                                     iv.            Credits

In the event that there is no Web Site Availability, Quicksilver Websites will credit the following month's service fee as follows.

For Shared Hosting services, such credit will be retroactive and will 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. The monthly service charge is described as the monthly hosting fee only. Domain charges and additional service charges are not considered part of the monthly hosting fee and are not applicable to this SLA.

For Dedicated and Co-Located Hosting services, if the Web Site Availability is between 98.9% and 99.9% for any particular month, the credit will be retroactive and equivalent to the difference between the guaranteed level of availability of the customer's services during the month and the calculated actual level of availability of the customer's services, multiplied by the actual charges incurred by the customer for the services during that month. In addition, for Dedicated and Co-Located Hosting services, customers may be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed fifty percent (50%) of the monthly service charge for the affected month. The monthly service charge is described as the monthly hosting fee only. Domain charges and additional service charges are not considered part of the monthly hosting fee and are not applicable to this SLA.

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

                                                       v.            Restrictions

Credits will not be provided to customer in the event that customer has no Web Site Availability resulting from (i) scheduled maintenance as posted from time to time via e-mail bulletins and at QuicksilverWS.com, (ii) customer behavior including acts or omissions of customer, or any use or user of the service authorized by customer, or the performance or failure of customer’s equipment, facilities or applications, or customer’s ISP or connection to the internet, or (iii) circumstances beyond Quicksilver Websites’ reasonable control, including, without limitation, acts of God, 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 customer’s service.

7.       Indemnification

You hereby release and hold harmless, and agree to indemnify, Quicksilver Websites 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 Quicksilver Websites 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).

8.       MISCELLANEOUS PROVISIONS

A.      Entire Agreement

This Agreement and all policies incorporated herein by reference, constitutes the entire agreement between you and Quicksilver Websites 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.

B.      No Fiduciary Relationship; No Third-Party Beneficiaries

Quicksilver Websites is not the agent, fiduciary, trustee or other representative of you. Except for the rights of Quicksilver Websites’ suppliers under sections 6 and 7 hereof, nothing expressed or mentioned in or implied from this Agreement 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. This Agreement 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.

C.      Amendments

Except as expressly provided in this Agreement, no amendment, change, waiver, or discharge hereof shall be valid unless in writing and signed by the parties.

D.      Identification

Quicksilver Websites may, free of any obligation to pay compensation, use your name and identify you as a Quicksilver Websites client, in advertising, publicity, or similar materials distributed or displayed to prospective clients.

E.       Choice of Law and Forum

THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF TEXAS, 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 WILLIAMSON COUNTY, TEXAS, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

F.       Compliance With Laws

You shall at all times comply with all applicable laws and regulations and shall indemnify and save Quicksilver Websites harmless from your failure to so comply. You agree that Quicksilver Websites 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.

G.      Non-Assignment

You may not assign this Agreement or any right or obligation hereunder, by operation of law or otherwise, without Quicksilver Websites’ prior written consent. Quicksilver Websites may assign its rights and obligations under this Agreement, 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 will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.

H.      No Waiver

Quicksilver Websites’ failure to enforce the strict performance of any provision of this Agreement or the Addendum will not constitute a waiver of Quicksilver Websites’ right to subsequently enforce such provision or any other provisions hereunder or thereunder.

I.        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.

J.        Headings

The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof.

K.      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.       Co-Location Services

A.      Additional Terms

Additional terms applicable to co-location services as stated in Section 2F of the Agreement, if you have registered for Co-Location Services, the term "Services," as defined in the opening paragraph of the Agreement, shall include the Co-Location Services so that Quicksilver Websites’ provision of all such services is governed by both the terms and conditions set forth in the Agreement as well as the terms and conditions set forth in this Section. To the extent there are any contradictions between the terms of the Agreement and the terms of this Section with respect to your receipt of the Co-Location Services, then the terms of this Section shall control.

                                                         i.            Quicksilver Websites will permit you to locate certain network and computer equipment and software (the "Co-Location Equipment") in a designated area (the "Accessible Space") in its designated co-location premises (the "Facility"). Quicksilver Websites shall provide or cause to be provided certain services ("Co-Location Services") as outlined in the applicable Order Form. In connection with providing the Co-Location Services, Quicksilver Websites shall also perform or provide, at no additional charge to you, the following services which support the overall operation of the Accessible Space: environmental systems maintenance, power plant maintenance and janitorial services. You shall be responsible for any extraordinary maintenance, including, but not limited to, replacement of hardware or software that shall be required for the operation of Co-Location Equipment.

                                                       ii.            The Accessible Space is hereby accepted by you "as is". You may use the Accessible Space only for the purposes of installing, maintaining and operating hardware and software necessary to support local access communications facilities and/or links to Quicksilver Websites or to other entities located outside of the Accessible Space.

                                                      iii.            You will provide, maintain, repair and/or replace the Co-Location Equipment, as needed, at your sole cost and expense. You shall setup, install, configure and generally make ready the Co-Location Equipment necessary to provide Co-Location Services. Quicksilver Websites agrees that it shall cooperate fully with and assist you as reasonably requested thereby with the installation of you Equipment and the connection thereof to Quicksilver Websites’ network.

                                                     iv.            You shall be solely responsible for the handling, processing and filling any orders by customers generated by the Co-Location Equipment, if any, and for handling your customers' inquires and/or complaints arising therefrom.

                                                       v.            During the Term, Quicksilver Websites may, in its sole discretion, relocate the Co-Location Equipment and provide the Co-Location Services from a location other than the Facility. In such event, Quicksilver Websites shall notify you of the new facility within ten (10) days of relocating Co-Location Equipment.

B.      Term

Any Co-Location Services provided hereunder shall be provided to you for the initial term set out in the applicable Order Form. Your receipt of the Co-Location Services shall be automatically renewed under the Agreement and this Addendum as provided in Section 1A of the Agreement, and may be terminated by you only as provided in Section 1B. The termination of the Co-Location Services remains subject to Sections 1B and 1C.

C.      Fees And Payment

Upon registration for Co-Location Services, you must choose to pay for the services either by credit card or upon your receipt of an invoice. Your payment for all charges and fees are subject to the terms and conditions of Sections 1D and 1E of the Agreement.

D.      Warranties and Limitation on Liability

YOU ACKNOWLEDGE THAT YOUR RECEIPT OF THE CO-LOCATION SERVICES IS SUBJECT TO THE LIMITATIONS ON WARRANTIES AND QUICKSILVER WEBSITES AND ITS SUPPLIERS LIMITATIONS ON LIABILITY AS PROVIDED IN SECTIONS 5 AND 6 OF THE AGREEMENT. YOU FURTHER ACKNOWLEDGE THAT THE INTERNET IS NEITHER OWNED NOR CONTROLLED BY ANY ONE ENTITY; AS A RESULT, QUICKSILVER WEBSITES AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE CO-LOCATION EQUIPMENT SHALL BE ABLE TO ACCESS THE INTERNET AT ANY GIVEN TIME. QUICKSILVER WEBSITES REPRESENTS THAT IT SHALL MAKE EVERY GOOD FAITH EFFORT THAT THE CO-LOCATION EQUIPMENT HAS INTERNET AVAILABILITY AS TO AS MANY USERS WITH AS MINIMAL INTERRUPTIONS OF CO-LOCATION SERVICE AS POSSIBLE; NEVERTHELESS, QUICKSILVER WEBSITES AND ITS SUPPLIERS CANNOT AND DO NOT WARRANT THAT THERE WILL BE SATISFACTORY AND/OR UNINTERRUPTED CONNECTIONS TO THE INTERNET.

E.       Risk of Loss

You acknowledge that you are accepting Quicksilver Websites’ Co-Location Services at your own risk. Neither Quicksilver Websites nor its suppliers shall bear any risk of loss or damage of the Co-Location Equipment, which shall be borne exclusively by you. Quicksilver Websites shall bear the risk of loss or damage only of equipment that Quicksilver Websites provides for the Co-Location Services. Neither you nor Quicksilver Websites shall bear the risk of loss or damage of third party equipment used in providing the Co-Location Services.

F.       Rights

                                                         i.            During the Term and provided you are not then in default of any of the material terms of the Agreement or this Addendum, including, without limitation, any payment terms:

a.       You will be allowed root access to the Co-Location Equipment. You shall have sole access to the Co-Location Equipment for programming purposes. You agree not to attempt or allow any of its users to attempt access to other Web servers, computers, routers, hubs or any other devices connected to any Quicksilver Websites network to which you do not have an account. Further, you shall not interconnect the Co-Location Equipment with equipment or services of any entity without the prior written consent of Quicksilver Websites. If any of the foregoing provisions are breached, in addition to any other remedies Quicksilver Websites may have available at law, in equity or under the Agreement or this Addendum, Quicksilver Websites will immediately deny root access to you without penalty to Quicksilver Websites.

b.       You are entitled to physical access of the Co-Location Equipment during normal business hours of the Facility or other facility where your Equipment is located. Each such visit shall be subject to Quicksilver Websites’ rules and regulations then in effect concerning access to the Facility or such other facility. In addition, you must maintain, at your expense, during the entire time this Agreement is in effect (1) Comprehensive General Liability Insurance in an amount not less than One Million U.S. Dollars ($1,000,000) per occurrence for bodily injury and property damage, (2) Employer's Liability Insurance in an amount not less than Five Hundred Thousand U.S. Dollars ($500,000) per occurrence, and (3) Worker's Compensation in an amount not less than that prescribed by statutory limits. Within ten (10) days of the date hereof, you shall furnish Quicksilver Websites with certificates of insurance which evidence the minimum levels of insurance set forth herein and which name Quicksilver Websites as additional insured.

                                                       ii.            The Co-Location Equipment, including all software not belonging to Quicksilver Websites which constitutes a part thereof, is and shall remain proprietary to you. Title and all ownership and property rights in and to the Co-Location Equipment and all copyrights, trademarks, trade names, service marks and all other intellectual property rights of you and/or its suppliers are and shall remain the sole and exclusive property of you and/or its suppliers.

                                                      iii.            Quicksilver Websites agrees that it shall not (i) modify the Co-Location Equipment, including any software, in any way, except for the purpose of resolving any issues which may effect other systems adversely, (ii) copy, except for backup or archival purposes, any software belonging to you included in the Co-Location Equipment, (iii) sell, lend, rent, lease or otherwise transfer or dispose of the Co-Location Equipment or any portion, component or copy thereof, (iv) use the Co-Location Equipment or any portion, component or copy thereof for any purpose other than the provision of the Co-Location Services to you as contemplated in this Addendum.

G.      Content

Quicksilver Websites will exercise no control whatsoever over, nor have any responsibility or liability whatsoever for, the content of the information passing through the Co-Location Equipment, which shall be your sole responsibility. Quicksilver Websites shall make no effort to validate any information passing through the Co-Location Equipment for content, correctness, usability or for any other reason.

H.      Prohibited Uses

In addition to the terms and conditions set forth in Section 2A of the Agreement relating to your use of the Services, you acknowledge and agree not to use, nor permit the use of or by any person, of Co-Location Equipment or any part thereof, including any links to other web space, (i) to transmit any obscene communications with intent to annoy another person or persons or to any person under 18 years of age, (ii) in violation of any patent, trademark, service mark, or copyright law, or (iii) to transmit unsolicited advertisements of services or products, a practice also known as "spamming" or mail relay "spamming".