Damar Group, Ltd. Web Hosting Service Agreement (Version 1.00-9/26/99)

You may print this agreement for reference purposes.

The following agreement is by and between Damar Group, Ltd., from this point to be referred to as "DGL," of PMB 616, 6030-M Marshalee Dr, Elkridge, MD 21075-5987 and any client who proceeds to register for a Damar Group, Ltd. website hosting account.

WHEREAS, DGL is an information provider connected to the Internet. DGL offers storage and transfer services over the Internet through access to its World Wide Web ;

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

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, DGL can make no guarantee that any given reader shall be able to access DGL's at any given time. DGL represents that it shall make every effort to ensure that its 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;

1. Financial Arrangements
   
   1. Client agrees to a three (3) month contract, beginning upon Damar Group, Ltd.'s receipt by fax, postal mail, or email attachment. Client agrees to pay DGL for services rendered pursuant to the charges specified on the order form. In the event of early cancellation, the client shall receive a full pro-rated refund for the remainder of their hosting period in excess of three months.

   2. First three (3) months payment plus setup charges shall be due before account is setup.

   3. This agreement will automatically renew for successive three (3) month periods unless cancelled in writing prior to the quarterly renewal date. Client will receive an invoice for charges and payment is due upon receipt.

2. Taxes
   
   1. DGL shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or DGL's . Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

3. Material and Products
   
   1. Client will provide DGL with material and data in a condition that is "-ready," which is in a form requiring no additional manipulation on the part of DGL. DGL shall make no effort to validate this information for content, correctness or usability.

   2. DGL will exercise no control whatsoever over the content of the information passing through the network. DGL makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. DGL so disclaims any warranty of merchant-ability 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 DGL is at the Client's own risk, and DGL 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. DGL 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. DGL specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "-ready," DGL may, at its option and at any time, reject this material, including but not limited to after it has been put on DGL's . DGL 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 DGL. If the Client fails to modify the material, as directed by DGL, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.

   3. Adult material in any form is not permitted. Such material is classified according to the discretion of DGL.

4. Trademarks & Copyrights
   
   1. Client warrants that it has the right to use the applicable trademarks, if any, and grants DGL the right to use such trademarks in connection with DGL's service.

5. Hardware, Equipment & Software
   
   1. The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access DGL. DGL makes no representations, warranties or assurances that the Customer's equipment will be compatible with the DGL service.

6. Domain Name Registration
   
   1. DGL will register Client's domain name with Internic providing the Domain Name form is completed. Client is solely responsible for the payment of all Internic fees, both initial and maintenance, associated therewith.

7. Support Services
   
   1. System support services shall be provided by DGL to Client and include the following:

      1. Account creation, including username and password;

      2. Consultation to resolve technical or operational issues which may exist as barriers to the Client's satisfactory use of DGL's ;

      3. usage reporting available online.
         The above system support services shall be provided by DGL to Client on demand, or on a regular schedule which the Client and DGL have mutually agreed to.

         *** Reseller only requirement of experience ***
         By signing this contract, the reseller acknowledges that he/she is responsible for all Third Party questions, technical support, billing, etc. The reseller must possess full knowledge of any feature on the DGL that he/she plans to offer.

         The reseller agrees that he/she has the knowledge to maintain the webspace and accounts of Third Party clients and that it is not the responsibility of DGL unless the situation is -related.

         Finally, the reseller acknowledges that the Third Party is not to contact DGL in any way, and violation of this policy will prohibit the reseller from receiving such discounts in the future.

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

9. Internet Etiquette
   
   1. Electronic forums such as mail distribution DGL'ss and UseNet 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 practice of bulk unsolicited email or "spamming" is prohibited in conjunction with the DGL s.

   2. The network resources of DGL may not be used to impersonate another person or misrepresent authorization to act on behalf of others or DGL. All messages transmitted via DGL 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.

10. Notices
    
    1. Any notice required or permitted to be made or given to either party hereto will be sufficiently made or given on the date of mailing if sent to such party addressed to it at its address set forth below, or to such other address as it shall designate by written notice to the other party:

       Damar Group, Ltd.
       PMB 616
       6030-M Marshalee Dr
       Elkridge, MD 21075-5987 USA
       voice 1.888.290.6200
       voice 410.567.5366
       fax 801.650.0423
       

       Client: Address

11. Assignment
    
    1. This Agreement may not be assigned or transferred by Client, in whole or in part, either voluntarily or by operation of law, without the prior written consent of DGL.

12. Termination
    
    1. This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. The cancelling party will be entitled to a prorated refund based on the unused portion of the service period, excluding set up charges.

    2. Notwithstanding the above, DGL may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement.

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

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

14. Statute of Limitations
    
    1. No action, regardless of form, may be brought by either party more than one (1) year after the cause of action has accrued, or in the case of any action for nonpayment, more than one (1) year from the date the last payment was due.

15. Severability
    
    1. If any provision of this Agreement is invalid or unenforceable then such provision shall be curtailed and limited only to the extent necessary to bring it within legal requirements and this Agreement as so modified shall continue in full force and effect.

16. Lawful Purpose
    
    1. Client may only use DGL's 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, or material protected by trade secrets.

17. Indemnification
    
    1. Client agrees that it shall defend, indemnify, save and hold DGL harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against DGL, 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 DGL against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with DGL's ; (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 DGL .

18. Waiver
    
    1. The failure of either party to exercise any of its rights or to enforce any of the provisions of this Agreement on any occasion shall not be a waiver of such right or provision, nor affect the right of such party thereafter to enforce each and every provision of this Agreement.

    2. This Agreement constitutes the entire understanding between the parties and shall supersede all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this Agreement. Any changes or modifications thereto must be in writing and signed by both parties by their duly authorized representatives.

    3. This Agreement shall be governed and construed in accordance with the laws of the State of Maryland.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement.

 

Client	Damar Group, Ltd.
Date	Date