Internet Terms of Service Agreement

General. This Agreement governs Customer use of the following Rivergy internet services (the "Rivergy Services"), which may be amended from time to time:

1. Hosting of website
2. Hosting of e-commerce applications
3. Hosting of Internet applications
4. Hosting of email
5. Rental of usage of the Internet Application Back End
   1. Web Piston Site Builder
   2. Web Piston Village
   3. Web Piston Directory
   4. Web Piston Store Builder
   5. Web Piston ICE
   6. Rivergy CMS

Rights and Limitations on Use of Rivergy Services. The Customer shall comply with Rivergy's rules (as may be in effect during the term of this Agreement) appropriate to any network to which Rivergy provides access. The Customer is not permitted to post any material that is illegal, libelous, tortuous, indecent or is likely to directly or indirectly cause harm to Rivergy. Rivergy reserves the right to refuse or terminate service at any time for violation of this Section.

Customer agrees that Customer and its Authorized Users will not: (a) sell, lease, license or sublicense the Rivergy Services; (b) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the Rivergy Services; (c) disclose or make available the Rivergy Services to any third party; (d) copy any part of the Rivergy Services; (e) engage in spamming, mailbombing, spoofing or any other illegal or unauthorized use of the Rivergy Services; (f) knowingly introduce into or transmit through the Rivergy Services any virus, worm, trap door, back door, timer, clock, counter or other limiting routine, instruction or design; (g) alter any copyright notice, trademarks or other proprietary rights notices affixed to or contained within the Rivergy Services; or (h) engage in or permit any action involving the Rivergy Services that is inconsistent with the terms and conditions of this Agreement.

Rivergy and the Customer acknowledge that Customer shall have the right to post files including but not limited to MP3, PDF and DOC, provided that Rivergy shall assume no liability for any copyright or other infringement related thereto. Customer acknowledges that any such infringement shall result in immediate termination of the Rivergy Services, without notice.

Disclaimer of Service Warranties. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT:

1. CUSTOMER'S USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. RIVERGY AND ITS SUPPLIERS PROVIDE THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, AND THE CUSTOMER SITE(S) "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
2. RIVERGY AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER THROUGH THE SERVICE WILL MEET CUSTOMER'S EXPECTATIONS.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, OR CUSTOMER SITES IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK, AND CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Limitation of Liability. IN NO EVENT SHALL RIVERGY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF RIVERGY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH

1. THE USE OR INABILITY TO USE THE SERVICE,
2. THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
3. FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE,
4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR
5. ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO CUSTOMER. IN NO EVENT SHALL RIVERGY'S AGGREGATE LIABILITY TO CUSTOMER AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT CUSTOMER ACTUALLY PAYS TO RIVERGY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS.

Without limiting the foregoing, neither Rivergy nor its suppliers is responsible for any of Customer's data residing on the Service or Rivergy's suppliers' hardware. Customer is responsible for backing-up Customer's data and information that may reside on the Service or Rivergy's suppliers' hardware, whether or not such information is produced through the use of the Service. It is Customer's responsibility to take the necessary steps to ensure that Customer's primary means of business is maintained (if applicable).

Trademarks. Rivergy Services trademarks, tradenames, service marks, logos, trade dress, other names, marks and domain names, and other related product and service names, design marks and slogans, are the sole and exclusive property of Rivergy Services, and Customer shall not use any of the foregoing in any advertising, publicity or in any other commercial manner, except with express written permission of Rivergy Services.

1. Customers must have a prominently posted working abuse@domain.com address from every domain associated with the email campaign.
2. Customers must have a working unsubscribe link and must honor all unsubscribe requests within 72 hours.
   1. Customers must clearly list the intended recipient's email address in the body of the message or in the "To:" line of the email.
   2. All commercial or bulk email must describe where the email address was obtained in the body of the email. For example: "You opted-in to receive this email promotion from our web site or from one of our partner sites."
   3. Customers must have up-to-date contact information on file with their registrar for any domain hosted on the Rivergy network.
   4. Rivergy reserves the right to determine in its sole discretion the validity of Customer's email list and, must remove immediately any AIJP violations. Customer's failure will be subject to immediate suspension or termination without notice.
   5. Rivergy reserves the right to test portions of Customers' email lists in response to complaints and to request opt-in information from a random sample of that list at any time.
      

Suspension. If Rivergy in its sole discretion determines that a Customer's server has become the source or target of any violation hereunder, Rivergy reserves the right to suspend network access to that server. Rivergy will use its best efforts to contact the Customer before suspending network access to the Customer's server. Rivergy may, at its discretion, contact law enforcement and other agencies regarding these activities. Customers are responsible for all costs relating to such investigation, suspension, administration and handling of their servers before, during and after the suspension period.

Customer Contact Information. Customer must keep Contact Information, including email, fax and mailing address, current using the self-updating procedures provided by Rivergy for Customer's account. Rivergy is not responsible for attempting to keep Customer Contact Information current by any other method, and

FAILURE OF CUSTOMER TO UPDATE CONTACT INFORMATION MAY DELAY OR PREVENT CUSTOMER FROM RECEIVING IMPORTANT NOTICES AND AMENDMENTS TO THIS AGREEMENT. NOTICE SHALL BE DEEMED DELIVERED BY EMAIL TRANSMISSION, FAX TRANSMISSION INDICATING RECEIPT OK, DELIVERY BY CERTIFIED MAIL WITH RETURN RECEIPT OR INDICATION OF ATTEMPTED DELIVERY TO THE ADDRESS PROVIDED IN THE CURRENT CONTACT INFORMATION BY FEDERAL EXPRESS OR OTHER DELIVERY SERVICE PROVIDER, WHICHEVER METHOD IS CHOSEN BY RIVERGY, AT RIVERGY'S SOLE DISCRETION.