USER AGREEMENT

SERVICES - This User Service Agreement ("Agreement") applies to the purchase of all services (collectively, the "Services") ordered by YOU from Pangea Webhosting ("Pangea"). This agreement is valid for all MSN.Net Hosting customers of Pangea (formerly MSN.Net Hosting). Pangea reserves the right to amend its Service offerings and add, delete, suspend or modify the terms and conditions of the Services, at any time and from time to time, and to determine whether and when any such changes apply to both existing or future customers.

SERVICE LEVEL - Pangea endeavors to have the content of YOUR web site available for access by third parties 99% of the time ("Web Site Availability").

BILLING AND PAYMENT - YOU shall pay the fees and other charges for each Service as detailed on page one (1) of this contract. Pangea reserves the right to change rates by notifying YOU sixty (60) days in advance of the effective date of the change. Billing for Services will commence upon the activation by Pangea of the Service(s) ordered. Service charges shall be invoiced in accordance with the terms and conditions set forth both herein and detailed on page one (1) of this contract. All payments shall be made in U.S. currency. YOU will pay a late payment charge equal to 1.5% (or the highest amount permitted by law, whichever Is lower) per month or portion thereof on the outstanding balance of any invoice remaining unpaid thirty (30) days after the date upon which payment is due ("Due Date"). Accounts unpaid thirty (30) days after the Due Date may have service suspended or terminated. Such suspension or termination shall not relieve YOU of YOUR obligation to pay the monthly fee due. YOU agree to pay Pangea its reasonable expenses, including attorney's fees and collection agency fees, incurred in enforcing its rights under this Agreement. YOU shall pay all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services and the sale of hardware, software or equipment to YOU, except that taxes based on Pangea net income shall be the responsibility of Pangea.

TERM - This Agreement shall be for the term specified upon creation of your hosting account. This Agreement will be automatically renewed on a month to month basis at the end of such term unless YOU provide written notice to Pangea of termination of this Agreement.

ACCEPTABLE USES - YOU shall at all times adhere to the Pangea Acceptable Use Policy located at http://www.pangeawebhosting.com/webTOS.html, as amended from time to time by Pangea effective upon posting of the revised policy at the URL. Notwithstanding anything to the contrary contained herein, Pangea may immediately take corrective action, including disconnection or discontinuance of any and all Services, or terminate this Agreement in the event of notice of possible violation by YOU of the Pangea Acceptable Use Policy. In the event Pangea takes corrective action due to a violation of the Pangea Acceptable Use Policy, Pangea shall not refund to YOU any fees paid in advance of such corrective action.

CANCELLATION POLICY - In the event of early cancellation of this Agreement by YOU prior to the end of the term, Pangea shall NOT refund to YOU any fees paid in advance of such cancellation and YOU will be required to pay the remaining balance due for the term specified plus a $100 cancellation fee. For security, all cancellation requests must be in writing and signed by the primary contact person on the account. Any cancellation request shall be effective upon receipt, unless another date is specified in such cancellation request. Any cancellation by Pangea or YOU shall not relieve YOU of any obligations to pay fees associated with the term you have selected (ie: cancellation of service six months into a one-year term hosting contract will not relieve you of the prior six month’s service charges and these charges will be due upon cancellation). Acceptance/use of hosting services validates acceptance of these terms.

EQUIPMENT - Pangea is acting only as a reseller of any hardware, software and equipment offered under this Agreement that was manufactured by a third party. Pangea shall not be responsible for any changes in Service(s) that cause hardware, software or equipment to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of hardware, software or equipment either sold or provided by Pangea to YOU or purchased directly by YOU used in connection with the Service(s) will not be deemed a breach of Pangea's obligations under this Agreement. Any rights or remedies YOU may have regarding the performance or compliance of hardware, software or equipment are limited to those rights extended to YOU by the manufacturer of such hardware, software or equipment. YOU are entitled to use any software supplied by Pangea only in connection with your permitted use of the Services. YOU shall use YOUR best efforts to protect and keep confidential all intellectual property provided by Pangea to YOU through any hardware, software or equipment and shall make no attempt to copy, alter, reverse-engineer, or tamper with such intellectual property or to use it other than in connection with the Services.

CPU USAGE - YOU agree that YOU shall not use excessive amounts of CPU processing on any of Pangea's servers. Any violation of this policy may result in corrective action by Pangea, in its sole discretion, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement. In the event that Pangea elects to take any corrective action, YOU shall not be entitled to a refund of any fees paid in advance prior to such corrective action.

BANDWIDTH USAGE - YOU agree that bandwidth usage shall not exceed the number of megabytes per month for your plan. This usage shall be monitored and measured by Pangea. Any bandwidth usage in excess of the agreed upon number of megabytes per month may result in corrective action by Pangea, in its sole discretion, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement. In the event that Pangea elects to take any corrective action, YOU shall not be entitled to a refund of any fees paid in advance prior to such corrective action.

DOMAIN NAME REGISTRATION - YOU shall be responsible for all costs and fees associated with the registration of YOUR domain name including, but not limited to, all costs and fees for moving such domain name. Under no circumstances shall Pangea be responsible for this cost. Pangea makes no representations concerning and does not guarantee that YOUR domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. YOU agree to be bound by the terms of InterNIC's current domain name policy which is available at: http://www.networksolutions.com/legal/agreement.html for .com, .net or .org domains. The inability to use a domain name shall not entitle YOU to a refund by Pangea of any fees paid with respect to the registration of such unusable domain name.

E-COMMERCE - YOU will be solely responsible for the content of your online store and products and all contents and materials appearing online or on YOUR products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products, (b) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom. YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through the Software. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with YOUR confidential information.

INDEMNIFICATION - YOU will indemnify, save harmless, and defend Pangea and all employees, officers, directors and agents of Pangea (collectively "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to the use of the Services, including any violation of the Pangea Acceptable Use Policy.

LIMITATION OF LIABILITY - IN NO EVENT SHALL PANGEA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF PANGEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Pangea's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by YOU for the Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

WEBSITE DESIGN LEASING - Your free professional website design comes with a qualifying hosting account with Pangea. There is no charge for your website design/redesign as long as you remain hosting with Pangea. Upon cancellation/transfer of hosting you may NOT use any content designed by Pangea or any similar like-ness thereof. The website design is leased content and remains property of Pangea. Upon cancellation/transfer any parties continuing use of Pangea's design will be responsible for ALL design charges incurred by Pangea. Stipulations and payment of fees is at the sole discretion of Pangea and Pangea reserves the right to legal action. All logos and branding pertaining to customer remain copyright of the customer.

CORPORATE/FRANCHISE DESIGN/IDENTITY - We maintain license of all identity/design for our corporate/franchise hosting accounts. No part of the design may be used without consent of Pangea. A pre-negotiated licensure fee will be required to move to another provider (if allowed by agreement between Pangea and corporate/franchise group). Please contact your Pangea or corporate/franchise representative for further information.

FORCE MAJEURE - Pangea shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, 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, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.

GOVERNING LAW - The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of Florida.

AMENDMENT OR WAIVER - Except as otherwise provided herein, this Agreement may not be amended except upon the written consent of YOU and Pangea. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.

ASSIGNMENT AND SEVERABILITY - This Agreement shall be binding upon and inure to the benefit of YOU, Pangea and our respective successors, and assigns. YOU may not assign this Agreement without the prior written consent of Pangea. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

BY HOSTING OF YOUR WEBSITE ON OUR SERVERS YOU ARE OBLIGATED AND BOUND BY THIS AND ALL OTHER APPLICABLE CONTRACTS AND STIPULATIONS DEEMED VALID SOLEY AT THE DISCRETION OF PANGEA WEBHOSTING.

ENTIRE AGREEMENT - This Agreement, and any other document or agreements specifically identified in this Agreement, supersedes all previous representations, understandings.

ACCEPTANCE OF SERVICES - ACCEPTANCE OF THIS AGREEMENT BY PANGEA WEBHOSTING MAY BE SUBJECT, IN PANGEA'S ABSOLUTE DISCRETION, TO SATISFACTORY COMPLETION OF A CREDIT CHECK. ACTIVATION OF SERVICE SHALL INDICATE PANGEA'S ACCEPTANCE OF THIS AGREEMENT. USE OF THE PANGEA HOSTING NETWORK CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.