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The following agreement is between JJS Software & Consulting, LLC. ("JJS") of 1121 North Bethlehem Pike Suite 60-315, Spring House PA 19477 and You ("client").

WHEREAS, JJS is an information provider, providing server space connected to the Internet. JJS offers storage and transfer services over the Internet through access to a Web Server;

WHEREAS, Client seeks to utilize JJS's services for its own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, JJS can make no guarantee that any given reader shall be able to access the server at any given time. JJS represents that it shall make every good faith effort to ensure that the server is available as widely as possible and with as little service interruption as possible;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

I. Financial Arrangements:

Hosting Accounts

1. Client agrees to a minimum one (1) month contract, beginning upon JJS's receipt of payment for the first month of service.

2. First months payment plus setup charges, if any, shall be due in advance of service.

3. This agreement will automatically renew for successive one (1) month periods unless canceled in writing 30 days prior to the quarterly renewal date. Written notice may be by postal, or fax transmission. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions.

4. Renewal fees for the following term will be automatically charged to the credit card on file for your account unless other arrangements have been made.

5. We allow for burstable bandwidth and space allocation overages. You will be billed without prior notice for any overages.

6. Accounts that have unpaid invoices more than 10 days past the renewal date may be suspended without notice until the account is brought current.  JJS reserves the right to terminate the account and delete the files. JJS reserves the right to apply a 35.00 reconnection fee to all suspended accounts.  Suspension does NOT release client of the responsibility for payment of the account and monies due.

7. If for ANY REASON we are notified by your credit card company that you have requested a charge back to your credit card for charges by JJS Software & Consulting LLC, JJS Software & Consulting LLC reserves the right to terminate your account immediately, without notice.

Lease to Buy Accounts

1. Client agrees to a minimum one (1) month contract, beginning upon JJS's receipt of payment for the first one (1) month of service.

2. First one (1) months payment plus setup charges, if any, shall be due in advance of service.

3. This agreement will automatically renew for successive one (1) month periods unless canceled in writing 30 days prior to the monthly renewal date. Written notice may be by postal, or fax transmission. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions.

4. Renewal fees for the following term will be automatically charged to the credit card on file for your account unless other arrangements have been made.

5. We allow for burstable bandwidth and space allocation overages. You will be billed without prior notice for any overages.

6. Accounts that have unpaid invoices more than 10 days past the renewal date will be suspended without notice until the account is brought current.  JJS reserves the right to terminate the account and delete the files. JJS reserves the right to apply a 15.00 reconnection fee to all suspended accounts.  Suspension does NOT release client of the responsibility for payment of the account and monies due.

7. If for ANY REASON we are notified by your credit card company that you have requested a charge back to your credit card for charges by JJS Software & Consulting LLC, JJS Software & Consulting LLC reserves the right to terminate your account immediately, without notice.

8. iWeb will handle the tracking of lease to buy funds, and will make your current balance available to you upon request. You can contact them directly at accounting@iwebsoftware.com. Funds from the Jackhammer Add-ons will not be applied towards the purchase price.

9. The lease to buy offer is made by iWeb Inc., the makers of Hyperseek, and is not offered by JJS Software & Consulting. JJS takes no responsiblity for this offer, or for the tracking of your lease term or applied funds.

II. Taxes:

JJS shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or the server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

III. Material and Products:

JJS will exercise no control whatsoever over the content of the information passing through the network except for what is noted in section X of this agreement.
JJS will not host any material that is judged as pornographic in content. JJS will not host any material that is judged to perpetuate hate. Please contact JJS if uncertain of the nature of your content. JJS makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. JJS also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, 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 JJS is at the Client's own risk, and JJS specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and does not represent guarantees of avail- able end to end bandwidth. JJS expressly limits its damages to the Client for any non-accessibility time or other down time to the pro- rata monthly charge during the system unavailability. JJS specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

Lease to buy accounts -- I am aware that JJS Software & Consulting LLC's Hosting Service is not responsible for any funds or the tracking of any funds that iWeb Inc. has agreed to apply towards
the purchase price of the above mentioned products. I am aware that I do not have access to the source code. I am aware that I do not have access to the Co-Branding features unless I have ordered Jackhammer with the Affiliate AddOn.

IV. Trademarks & Copyrights:

Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.

V. Age:

The Customer certifies that he or she is at least 18 years of age.

VI. Internet Etiquette:

Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users 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 JJS may not be used to impersonate another person or misrepresent authorization to act on behalf of others or JJS. All messages transmitted via JJS should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
JJS does not permit the transmission of unsolicited e-mail.  Complaints or allegations regarding the abuse of e-mail will be investigated.  If it is found that the client has engaged in the intentional transmission of unsolicited e-mail, a warning to cease and desist will be issued.  Subsequent violations will result in suspension and/or termination of the account.

ALL software and files uploaded must follow the standard internet guidelines for fitness of use.  Such software items that result in denial of service are not fit for use.  An example of a denial of service software would be eggdrop and is not acceptable. JJS reserves the right to delete those files.

VII. Privacy:

JJS will make every effort to protect the privacy of JJS's clients.  JJS will not reveal personal information regarding its clients. JJS cannot however protect privacy through the Internic registration database as this information is open to the public.

VIII. Termination:

This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Written notice may be by postal, or fax transmission. JJS reserves the right to verify all cancellations before terminating service. Notwithstanding the above, JJS may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement.

IX. Limited Liability:

1. Client expressly agrees that use of JJS's Server is at Client's sole risk. Neither JJS, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that JJS's Server 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 Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the JJS Server service, unless otherwise expressly stated in this Agreement.

2. Under no circumstances, including negligence, shall JJS, its offices, agents or any one else involved in creating, producing or distributing the Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the JJS's Server 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 JJS's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on JJS's Server service.

3. 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 during the term of this Agreement and any reasonable attorney's fee and court costs.

X. Lawful Purpose:

Client may only use JJS's Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets.

XI. Indemnification:

Client agrees that it shall defend, indemnify, save and hold JJS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against JJS, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless JJS against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with JJS's Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on JJS Server.

XII. Contract Revisions:

Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Client on renewal of JJS Software & Consulting, LLC services as specified in Section I. Financial Arrangements.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services. This Agreement shall be governed and construed in accordance with the laws of the State of Pennsylvania and of the Internet.

I certify that I have read, and agree to the JJS Software & Consulting, LLC web hosting service agreement and am requesting that JJS Software & Consulting, LLC register or transfer the above domain name on my behalf.

I also certify that I am at least 18 years of age.