General Service Agreement

This agreement is between the parties FastVirtual (hereafter referred to as "we", "us", "our"), and Customer (hereafter referred to as "you" or "your").

You agree to the terms and conditions of this User Agreement, and its attachments and appendixes, as they may change from time-to-time, including:

• Hosting Services Acceptable Use Policy
• Domain Registration Terms
• Domain Registration Personal Data Statement
• Domain Dispute Resolution Policy
• Billing Terms
• Termination & Suspension of Services
• Privacy Policy

Ownership Rights and Licenses

Customer is the owner of customer's domain name (if applicable) and all of customer's content. FastVirtual is the owner of FastVirtual's domain name. Customer grants to FastVirtual, in conjunction with customer's web site only, a nonexclusive, nontransferable royalty-free, worldwide license to reproduce, distribute, publicly display, and digitally perform the content and the tools and work product (such as the HTML, Java applets, CGI scripts, and ActiveX controls) for customer's web site. Customer further grants to FastVirtual a nonexclusive, nontransferable, royalty-free, worldwide license to use customer's domain names, trade names and other commercial designations for purposes of creating content directories and indexes and for marketing and promoting the web site. The licensing rights granted in this paragraph will automatically terminate with the termination of FastVirtual's service for customer.

Termination For Cause

Customer and FastVirtual shall each have the right to terminate this agreement in the event of any material breach of this agreement. Notice prior to termination may or may not be given, depending on the severity of the violation.

Referrals Following Termination

If Customer is required to move its domain name following any termination of this agreement, FastVirtual will, for a maximum period of 30 days upon customer's request, maintain the web site's URL. At such URL, FastVirtual will provide one web page (including a hypertext link) that customer may use to direct its users to their new web site or other URL of customer's choosing. However, FastVirtual will have no obligation to provide such referral if FastVirtual reasonably believes customer was engaged in activities on the web site that violate any laws.

Non-Transferability

Your account and the right to use our services, equipment, and infrastructure, are non-transferable unless we give our consent in writing. User agrees to protect their account password and to keep it secure from unauthorized users. If FastVirtual discovers that the user's account is being used improperly for any reason, FastVirtual, at its discretion, can at any time suspend or cancel the user's account.

Changes to Service

The services that we provide are expected to change as technology changes and systems are upgraded. We reserve the right to change any service or feature that we offer with 10 days notice to you. This includes changes to network access, and all system hardware and software.

Customer Data

You are responsible for keeping a current and complete copy of your data in your own possession. Although we may maintain backups of your data for disaster recovery purposes, it is ultimately your responsibility to keep a copy of all files in your own possession.

FastVirtual Limited Warranties

FastVirtual represents that it will provide the quality and quantity of services, as ordered by customer, and as described on the FastVirtual web site.

Customer Warranties

Customer represents that it will not at any time post, upload, display, or otherwise distribute any content that violates FastVirtual's Acceptable Use Policy.

Disclaimer of Warranties

EXCEPT AS SET FORTH HEREIN, FASTVIRTUAL AND CUSTOMER EACH EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN SOME CASES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER. CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE.

Indemnification

Customer and FastVirtual each agree to indemnify, defend and hold harmless the other from and against any third party claim, action, suit, or proceeding arising out of the inaccuracy of any respective representation stated in paragraphs 7 and 8 above. Such indemnity shall apply to all losses, damages, liabilities, and reasonable attorney's fees and costs incurred by the party receiving the benefit of this paragraph.

Limitations of Liability

Subject to each party's respective indemnity obligations in section 10, in no event shall either party be liable for any special, incidental or consequential damages, or for interrupted communications, lost data or lost profits, arising out of or in connection with this agreement and/or FastVirtual's services. Some states do not allow the exclusion of limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to customer. FastVirtual's liability to customer for actual damages for any cause whatsoever, regardless of the form of the action, will be strictly limited to a maximum of the total fees paid by customer to FastVirtual.

Miscellaneous Provisions

1. This Agreement will be governed by California law without giving effect to principles of conflict of laws. Both parties agree to submit to jurisdiction in California, and that any action brought regarding the enforcement or interpretation of this agreement shall be filed in San Diego County, California. The prevailing party in any action will be entitled to reasonable attorney's fees and costs.
2. If any provision of this agreement is held to be unenforceable for any reason, the remaining provisions shall remain in full force and effect.
3. The waiver of any breach of this agreement will not operate as a waiver of any other or subsequent breach.
4. This agreement, including all appendices, constitutes the entire understanding and agreement between FastVirtual and customer. This agreement may only be amended in writing signed by both parties.
5. The parties to this agreement are independent contractors, and no agency, partnership, joint venture, or employer-employee relationship is intended or created. Neither party shall have the power to obligate or bind the other.
6. Any notices required or permitted hereunder may be given by electronic mail or fax if receipt is confirmed by the recipient, or if the notice is also sent by first class mail. Notice will be deemed given on the date the electronic mail is sent.

FastVirtual reserves the right to refuse service to anyone at its sole discretion. FastVirtual may cancel specials or promotions at any time for any reason.

FastVirtual reserves the right to reject this agreement by notifying customer by email within 96 hours of receipt of this agreement. Customer will receive a 100% refund if the agreement is rejected.

BY CREATING AN ACCOUNT, SUBMITTING AN APPLICATION FORM, OR SIGNING THIS DOCUMENT, THE CUSTOMER ACKNOWLEDGES READING THIS AGREEMENT AND ENTERING INTO A LEGAL, BINDING CONTRACT WITH FASTVIRTUAL.

Rev. 09/04/2004