2.All payments and written correspondence should be directed to:

Active Web Networks
P.O. Box 6475
Irvine, CA 92616

3.Consulting Payment Policies: Requests for consulting will require a written request describing the scope of work to be done. AWN will respond with a written estimate for the work to be done. The client will accept the estimate by responding via email, snail mail or fax. 50% of the estimated bill will be required before we begin the work. The balance will be due upon completion. Minor additions to original estimate will be billed during our regular billing cycle. We will bill for the actual time required for the job. If the scope of work exceeds the original estimate the client will be notified as soon as possible. In any case, barring any changes or additions by the client, the actual cost will not exceed 15% over the original estimate.

4.All consulting fees are due and payable upon receipt of the invoice.

5.Active Web Networks, LLC reserves the right to decline any services to any customer for any reason.

6.Active Web Networks, LLC offers a 30 day money back guarantee of hosting fees if not completely satisfied and applies to all new orders. For all hosting packages the refund will be for the hosting fees only - any one time setup fees will not be refunded. All refunds will be issued via check and delivered via U.S postal service. There will be no refunds for consulting fees. It is the responsibility of the customer to assure the accuracy and completeness of the services rendered. AWN’s liability will be limited to the current months hosting fees.

7. Additional bandwidth usage over the amount allotted in the hosting plan or the pre-arranged, pre-paid amount will be billed at the end of that month to the pre-arranged credit account. Billing of additional bandwidth usage is subject to all other terms of this agreement.

8. Use of Active Web Networks, LLC systems constitutes acceptance of these Terms and Conditions.

1.The phrase "the Company" refers to Active Web Networks, LLC abbreviated as AWN. The phrase "the subscriber" refers to the person or entity which uses Active Web Networks, LLC systems. The use of Active Web Networks constitutes acceptance of these Terms and Conditions.

2.Services provided to the subscriber by the Company may only be used in accordance with all applicable laws, statutes, regulations and rules and solely for lawful purposes. Transmission, promulgation, theft, procurement of, communication, alteration, publication or storage of any information, protected material/property, data or material in violation of any National Law of any sovereign nation, or of International Law, the United States Code, or of any state or local law, statute, regulation or rule is strictly prohibited. This includes, but is not limited to any material, data, matter, software/software code, intellectual property, protected by copyright, trade mark, privacy or other proprietary, personal or property right, trade secret, or any other statute. It is unlawful and a violation of this Contract to communicate, transmit, or promulgate in any matter, means or medium, material legally judged to be threatening, any threatening or harassing communication of any sort, or to otherwise use these services for any illegal or unlawful purposes.

3.Any attempt to violate the security, stability, or integrity of any Active Web Networks servers is strictly prohibited and grounds for cancellation of services and legal action.

4.All Trademarks are property of their respective owners.

5.The subscriber agrees to indemnify and hold harmless AWN, its officers, shareholders, agents and employees and its other subscribers from any and all claims, costs, expenses, judgments, causes of actions, attorneys fees, litigation and court costs resulting from the subscriber's use of Hosting Services in any manner, whether directly, indirectly or by any act of commission or omission.

6.The subscriber is solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining
(i) to the subscriber's use any Hosting Services, and
(ii) the communications means by which the subscriber connects their terminal or PC to Hosting Services or any other service provided by the Company.

7.Hosting payments are due the on the first day of each month. Payment is for the current month (e.g. April's fee is due April 1). Payments not made by the 15th day of the commencement of the payment period are to be considered delinquent and will be charged interest at the rate of 1.75% per month (21% per cent per annum), or the maximum permitted legal rate, whichever is higher. Returned checks will be charged a fee of the maximum pecuniary penalty permitted by law.

8.In the event the Company is required to engage the services of an attorney because of a breach by the subscriber of any of the terms herein contained, the subscriber agrees to pay all of the Company's reasonable attorneys fees and court costs. Upon breach of this Contract, all of subscriber's rights and privileges shall be immediately terminated and upon any such termination for breach of the provisions of this Contract, or the breach of any applicable law or statute governing the use of the services provided, all subscriber fees shall be forfeited as liquidated damages to the Company.

9.It is the responsibility of the client to maintain current copies of all files in their own possession at all times. The subscriber agrees that the Company has the right to delete all data, files or other information that is stored in the subscriber's account if the subscriber's account is terminated, for any reason, by either the Company or the subscriber. This does NOT apply to subscribers who have contracted Active Web Networks to create their site. Upon payment of all monies owed, these subscribers will have their files available for them to download via ftp for a period of 30 days after the date that service is terminated. After that period, all files associated with the account will be deleted. Upon written request, subscribers may have site content delivered to them by email or via 3.5" floppy disk via postal mail in the event the subscriber's account is terminated.

10.The subscriber rights herein granted cannot be transferred, shared, sold, or used by anyone other than the subscriber.

11.Accounts on Hosting services can be canceled at any time by either the Company or the subscriber, upon receipt of written notice sent by the subscriber to the address of the Company listed in this Contract, or by the Company, upon 10 days written notice sent to the last mailing address listed with the Company by the subscriber on the Account Application. It shall be the responsibility of the subscriber to update the Company informed with a valid mailing address to which notice can be sent. The foregoing provisions to the contrary notwithstanding, the Company can immediately terminate the subscriber's access to Hosting Services for breach of paragraph 2.

12.The Company shall have the right to suspend service to the subscriber at any time, for reasonable cause (such as Unsolicited Commercial Email).

13.The subscriber certifies that he or she is at least 18 years of age, and agrees to assume the responsibility of a parent or guardian for any minors who may have access to the subscriber's account provided by Hosting.

14.LIMITED WARRANTY. AWN WARRANTS THAT, IF A SUBSCRIBER IS DISSATISFIED WITH THE SERVICE, AWN WILL, UPON WRITTEN NOTIFICATION RECEIVED FROM THE SUBSCRIBER TO THE COMPANY, REFUND THE SERVICE FEES FOR THE CURRENT MONTH OF THE DATE OF RECEIPT OF WRITTEN NOTICE AND ANY PREPAID FEES FOR FUTURE MONTHS. OTHER THAN THE FOREGOING, NO WARRANTY IS MADE BY AWN REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH, IN CONNECTION WITH, OR LOCATED ON THE COMPUTER SYSTEMS OF THE HOSTING SERVICES OF OTHER SERVICES PROVIDED BY AWN, AND THEREFORE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (i) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; AND (ii) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

15.LIMITED LIABILITY. ANY LIABILITY OF THE COMPANY INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE CURRENT MONTH.

16. SPAM. Active Web Networks does not allow email, usenet, or BBS spamming from accounts on our machines or from any machine not on AWN 's network where the recipient of the bulk mailing response is either a web site hosted by AWN or an email account on a AWN server. "Spamming" is defined as sending unsolicited email to a list of email addresses. We judge whether an email spam has occurred by the nature and volume of complaints we receive from people who receive the email. When you have Web space with us and spam from another account or machine advertising a site you have hosted with us, you could LOSE YOUR ACCOUNT, no questions asked.

17.Netscape, Netscape Navigator, and the Netscape Logo are registered trademarks of Netscape Communications, Inc. Windows, Windows 95, Windows NT, and The Microsoft Internet Explorer are registered trademarks of Microsoft, Inc.

18.No warranties are expressed or implied. No warranties with respect to the service to be provided hereunder, client acknowledges that AWN makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness of this service for a particular purpose. As a result, client agrees that AWN shall not be liable to client or any of its customers for any claims or damages which may be suffered by client or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of AWN. Client hereby agrees to indemnity and hold harmless AWN from any and all claims of whatever nature brought by any of client’s customers against AWN.

19.Upon acceptance of the subscriber's Account Application and upon payment as provided therein, the subscriber will be provided with the subscriber's personal access instructions and access to the Hosting services selected, which permissions shall remain valid and in force and effect during the term of this Contract.

20.This Contract represents the complete understanding between the parties as to the subject matter hereof, and supersedes all prior written or oral negotiations, representations, guaranties, warranties, promises, orders, statements or agreements between the parties or any statement or representation made or furnished by any other person representing or purporting to represent either party.

21.These Terms and Conditions supersede all previous representations, understandings or agreements. If any part of this agreement is decided by a jury to be contrary to law, the rest of the agreement remains in full force and effect. Use of Active Web Networks, LLC systems constitutes acceptance of these Terms and Conditions.