1. DEFINITIONS: 

A. "Plans" means proposals for offering various services to be provided by NET ASPECTS, as listed online at: http://www.netaspects.com.

B. "Customer" means an end user who is utilizing Web Hosting services provided by NET ASPECTS.

2. ORDER ACCEPTANCE, PAYMENT

A. All orders are subject to acceptance by NET ASPECTS. An order will be deemed accepted by NET ASPECTS when written (e-mail) confirmation of the order is sent to Customer. NET ASPECTS may refuse to accept or delay acceptance of any order for any reason. 

B. Payment and Terms: Payment shall be made in US dollars to NET ASPECTS. Payments are due upon account activation and by monthly renewal. If due to bank charges, transfer fees, or the like, NET ASPECTS should receive less than its invoice amount, NET ASPECTS will re-invoice Customer for the shortfall. Should payment in full of any invoice (aside from such shortfalls) not be received by NET ASPECTS within thirty (30) days after activation or monthly renewal invoice date, NET ASPECTS may discontinue, withhold, or suspend services to Customer.

3. DUTIES OF NET ASPECTS

NET ASPECTS will acquire an Internet Domain Name (only from the InterNIC) on behalf of the Customer, as specified. Any costs of NET ASPECTS in obtaining or maintaining a domain name for Customer shall be immediately reimbursed to NET ASPECTS upon invoice from NET ASPECTS to Customer. NET ASPECTS does not warranty that it's registration services are successful, whether a domain is actually acquired or reserved on behalf of Customer. Under no circumstances will NET ASPECTS be held reliable for losses or damages suffered by Customer resulting from delays in the registration process or failure to acquire such said intellectual property.

4. LIMITATION OF NET ASPECTS's OBLIGATIONS AND LIABILITY

A. NET ASPECTS will utilize its best efforts to maintain acceptable performance of services contracted for, but NET ASPECTS makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. NET ASPECTS cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. NET ASPECTS will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. NET ASPECTS shall not be liable to Customer for any claims or damages which may be suffered by Customer, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, 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 NET ASPECTS.

B. NET ASPECTS may discontinue servicing any Plan, or may require fulfillment of conditions NET ASPECTS may choose to impose as a prerequisite for continuing to service any Plan. NET ASPECTS agrees to provide Customer with reasonable notice via e-mail or fax of any such intent to discontinue or impose conditions unless it is determined that such notice would cause harm to NET ASPECTS. The following activities are specifically not allowed by NET ASPECTS and will result in IMMEDIATE account termination: Running ADULT websites, Running HATE websites, participation in undirected bulk e-mail delivery (SPAMMING) either through the use of our mail servers or not, GAMBLING websites, or any sites promoting or participating in ILLEGAL activities.

C. NET ASPECTS's liability to Customer, and any end user of any Plan or other NET ASPECTS services is limited to the amount paid to and received by NET ASPECTS for services not accepted. In no event shall NET ASPECTS be liable to Customer, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if NET ASPECTS has been advised of the possibility of such damage.

D. Customer will take all necessary measures to preclude NET ASPECTS from being made a party to any lawsuit or claim regarding NET ASPECTS services provided to any Customer or end user. Customer hereby agrees to indemnify and hold harmless NET ASPECTS from any and all claims of whatever nature brought by any of Customer's customers against NET ASPECTS in excess of the remedy set forth in paragraph 4(C).

5. PROPERTY RIGHTS

NET ASPECTS owns all rights, titles and interests in NET ASPECTS's trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of Plans and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This agreement does not constitute a license to Customer to use NET ASPECTS's trade names or service marks. The use by Customer of the other property rights mentioned here is authorized only for the purposes of marketing and selling Plans.

6. RELATIONSHIP OF THE PARTIES

The relationship between NET ASPECTS and Customer is that of vendor and vendee. They shall not be construed as being joint ventures, franchiser/franchisee, or employer/employee. This agreement is a commercial agreement between businesses, not a consumer agreement. Customer has no authority, apparent or otherwise, to contract for or on behalf of NET ASPECTS, or in any other way legally bind NET ASPECTS in any fashion, nor shall Customer be authorized to make any representations about NET ASPECTS or its services other than to set forth NET ASPECTS's responsibilities as outlined in this agreement.

7. APPLICABLE LAW, JURISDICTIONAL MATTERS

This agreement takes effect when accepted by NET ASPECTS in California. It is to be governed by and construed under the laws of the State of California and the United States of America. The federal and state courts of the State of California shall have exclusive jurisdiction to adjudicate any non-arbitral dispute arising out of this agreement. Customer hereby expressly consents to (1) the jurisdiction of the courts of California and (2) service of process being effective upon it by registered mail sent to the address set forth at the beginning of this document, as may be changed from time to time by written notice actually received by NET ASPECTS. To the extent permissible by the law of Customer's jurisdiction, Customer waives any requirement that service of process or of any documents be made upon it pursuant to the provisions of the Hague Convention.

8. ENTIRE AGREEMENT; MODIFICATIONS 

This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. NET ASPECTS may make changes to this agreement upon thirty (30) days' written notice to Customer, advising of the change and the effective date thereof. Utilization of NET ASPECTS services by Customer and/or its Customers following the effective date of such change shall constitute acceptance by Customer of such change(s). Otherwise, this agreement may not be modified except by the of written consent of both parties.