This is a standard Contract used by Internet Presence Providers, and is not negotiable.

WHEREAS, WEBionic Designs & Internet Solutions, heretofore also known as Webionic.Com, disseminates and provides related products and services that enable entities to publish and/or maintain World Wide Web pages over the Internet through access to its Web Servers;

WHEREAS, You, heretofore also known as Client, agree to utilize the services provided by Webionic.Com to develop and/or maintain presence in the World Wide Web;

WHEREAS, both parties, Client and Webionic, acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Webionic.Com can make no guarantee that any given reader shall be able to access Webionic.Com's server at any given time.   However, Webionic.Com represents that it shall make every good faith effort to ensure that its servers are 99.9% up and operational, and with as little service interruption as possible;

WHEREAS, Client has authority to enter into this agreement on behalf of the company being represented, if applicable;

NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties heretofore agree as follows;

I.  Financial Arrangements

a.  Client agrees to a contract of the term specified below, beginning at the commencement of the required service.

b.  As specified herein, the fee for the chosen web design and hosting package, plus the initial setup charge, shall be due upon receipt of the Contract.  Specifically, for service packages under $1,000.00, one hundred percent (100%) of the total amount shall be prepaid before work begins.  For service packages over $1,000.00, fifty percent (50%) of the total amount shall be prepaid before work begins, followed with two subsequent payments of fifty percent (50%) of the remaining balance; each payable at the approval of the web site prototype for production, and at the approval of the web site for public viewing on the Internet, respectively.  Only the fee paid for hosting services shall be fully refundable provided a written notice of cancellation is received by Webionic within 30 days of commencement of services.

c.  The fee for the chosen hosting package, plus initial setup charge, shall be due upon receipt of the Contract.  The initial hosting period begins from the date when the completed web site is approved to be posted on the Internet for public viewing, and continues for the prearranged number of months.  Billing is done in advance for each hosting period and for a minimum of twelve (12) months at a time, except as otherwise agreed upon. Web site design is NOT included in the setup, hosting, InterNIC registration, or search engine submission charges.

d.  Webionic.Com imposes a $50.00 charge for all returned checks and a $75.00 charge for re-activation of any disconnected web site.  Webionic.Com reserves the right to deactivate any web site account at any time, if the web site account is in violation to any of the provisions discussed herein, or if the account becomes delinquent for more than 30 days.

e.  Except for existing domain name, the InterNIC may charge Client $70.00 for the first two years of domain registration. Webionic.Com, if so desired by Client, may handle the ordering of a new domain name, or movement of an existing domain at no extra charge. However, Client is obligated to prepay the $70.00 fee to Webionic.Com who will in turn pay the charges imposed by InterNIC.  There is no InterNIC charge to move an existing domain name so long as the Client is the legal owner of the domain name. All InterNIC fees are nonrefundable.

f.  This agreement will automatically renew for successive periods of the original length for the life of the contract unless canceled in writing.  Client will receive an invoice upon which payment by check or money is required.

2.  Taxes

Webionic.Com shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client's web sites under Webionic.Com's server.  Client agrees to take full responsibility for all taxes and fees of any nature associated with such products or services sold by them.

3.  Material and Products

a.   Computer graphics and other related materials/data, if provided by Client, must be in a condition that is "web site" or "server-ready", which is in a format that requires no additional manipulation on the part of Webionic.Com. Specifically, for the sites that have been transferred for hosting only, Webionic.Com shall make no effort to validate any, if not all, information for content correctness or usability.

b.  Use of Webionic.Com's hosting services requires Client to have 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 the Client's webspace.

If or when applicable, Client agrees that he/she has the necessary knowledge to create and/or maintain his/her webspace.   Also, Client agrees that it is not the responsibility of Webionic.Com to provide this knowledge or support outside the defined service of Webionic.Com.

c.  For hosted sites that are maintained by Client, Webionic.Com will exercise no control whatsoever over the content of the information passing through the network.   Webionic.Com makes no warranties or representations of any kind, whether expressed or implied for the service it is providing.   Webionic.Com also disclaims any warranty of merchant-ability or fitness for particular purpose, and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions by Client.  Use of any information obtained by way of Webionic.Com is at the Client's own risk, and Webionic.Com 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 do not, represent guarantees of available end to end bandwidth.   Webionic.Com expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.  Webionic.Com specifically denies any responsibilities for any damages arising as a consequence of such unavailability.  In the event that any web material is not "Server-ready", Webionic.Com, at its option and at any time, reject the material, including but not limited to, after it has been put on Webionic.Com's servers.   Webionic.Com agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of Webionic.Com.   If Client fails to modify the material, as directed by Webionic.Com, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.

4.  Trademarks & Copyrights

Client certifies that legal rights were properly obtained for all applicable trademarks used in their webspace, if any.

5.  Hardware, Equipment & Software

Client is responsible for, and shall provide, all telephone, computer, hardware and software equipment and services necessary to access Webionic.Com. Webionic.Com makes no representations, warranties or assurances that Client's equipment will be compatible with the Webionic.Com's services.

6.  Age

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

7.  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 Webionic.Com may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Webionic.Com.   All messages transmitted via Webionic.Com 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.

8 . Termination

This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice.  Notice may be faxed but must be followed with the original in the mail.  Webionic.Com will not accept termination by electronic mail or over the telephone.   Notwithstanding the above, Webionic.Com may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement, including nonpayment.  Webionic.Com reserves the right to charge a re-activation fee per provision indicated in paragraph 1d above.

9.  Limited Liability

a.   Client expressly agrees that the use of Webionic.Com's servers is at Client's sole risk.   Neither Webionic.Com, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Webionic.Com'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 Webionic.Com server service, unless otherwise expressly stated in this Agreement.

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

c.   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.

10.  Lawful Purpose

Clients shall use Webionic.Com's servers for lawful purposes only.   Transmission of any material that is in violation to any applicable federal, state or local regulation is prohibited.   This includes, but not limited to, copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets.   This also includes links or any connection to such materials.

11.  Indemnification

Client agrees that it shall defend, indemnify, save and hold Webionic.Com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Webionic.Com, its agents, its customers, 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 Webionic.Com against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Webionic.Com'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 while under Webionic.Com's servers.

12.  Contract Revisions

Revisions to this Contract will be applicable to previous Contracts.   Revisions will be considered agreed to by Client on renewal of Webionic.Com's services as specified in Section I., Financial Arrangements.

13.  Transfer

Client may not transfer this agreement without the written consent of Webionic.Com.

14.  Content

a.  All services provided by Webionic.Com shall be used for lawful purposes only.   Transmission, storage, or presentation of any information, data or material that are in violation to any applicable United States federal, state or local regulation is prohibited.   This includes, but not limited to, copyrighted material, material that are judged to be threatening or obscene, or material that are protected by trade secret and other statutes.   Client agrees to indemnify and hold harmless Webionic.Com from any claims resulting from the use of the service.

b.  Pornography and sex-related merchandising is prohibited on all Webionic.Com's servers.  This includes sites that may infer sexual content, or links to adult content elsewhere.  Webionic.Com will be the sole arbiter in determining violations under this provision.

c.  Also prohibited are sites that promote any illegal activity or present content that may be damaging to Webionic.Com's servers or any other server on the Internet.  Links to such materials are also prohibited.

d.  Examples of unacceptable content or links:

Pirated software
Hacker programs or archives
WAREZ sites

Webionic.Com will be the sole arbiter as to what constitutes a violation of this provision.

15.  Commercial Advertising - Email

Spamming, or the sending of unsolicited email, from a Webionic.Com server or using an email address or domain that is maintained in a Webionic.Com machine is strictly prohibited.   Webionic.Com will be the sole arbiter as to what constitutes a violation to this provision.

16.  Chat Rooms

Webionic does not allow clients to install their own chat rooms.   These tend to be a large drain on system resources thereby negatively affecting optimal server performance.

17.  Background Running Programs

Webionic.Com may allow programs to run continually in the background.  These are considered on a case-by-case basis, and an extra charge will be imposed based on system resources used and operational maintenance needed.

18.  IRC

Webionic.Com does not allow Internet Relay Chats (IRC) or IRC bots to be operated on its servers.

19.  Server Abuse

Any attempt to undermine or cause harm to any Webionic.Com server, or another client's site maintained by Webionic.Com is strictly prohibited and considered unlawful.

20.  Refusal of Service

a.  Webionic.Com reserves the right to justifiably refuse, cancel, or suspend Client's account at its sole discretion.

b.  All Sub-Networks, distributive hosting sites and dedicated servers of  Webionic.Com must adhere to the above policies.

c.  Failure to follow the provisions of this Contract shall be deemed grounds for immediate account deactivation.

d.  This Agreement constitutes the entire understanding of the provisions discussed herein by the Client and Webionic.Com.  Any changes or modifications to this Contract thereto shall be be agreed upon by both parties upon renewal of services.

e.  This Agreement shall be governed and construed in accordance with the laws in the Commonwealth of Virginia, and of the Internet.

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