PART I: APPLICABLE TERMS

These eStoreware Web Hosting Terms of Service comprise a legal agreement between YOU and eStoreware Inc. and govern YOUR use of eStoreware Inc.'s Web Hosting Services.

BY PURCHASING ESTOREWARE INC.'S WEB HOSTING SERVICE YOU AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME. If YOU do not agree to these Terms then do not purchase or use the EStoreware Inc.'s Web Hosting Services.

The eStoreware Inc. Web Hosting Services include a wide variety of resources including web sites, web pages, email, domain address and other services operated by eStoreware and its affiliates and of various products and services which are provided by eStoreware, its affiliates or third party service providers. These products and services will be collectively referred to in these Terms of Services as the "SERVICES." The terms "CUSTOMER", "YOU" and "YOUR" means YOU, YOUR Company, YOUR Employees, and anyone who has access to use YOUR SERVICES account and will be referred to in these Terms of Services as "YOU." YOU must be at least eighteen (18) years of age to subscribe to and use any of the SERVICES.

Each applicable element or part of these SERVICES may have other posted guidelines or rules (the "Additional Terms"). All such Additional Terms are incorporated by reference into these Terms of Service.

The SERVICES are offered to YOU on the condition that YOU accept these Terms of Service and any Additional Terms as may be published from time to time without modification. YOU agree to familiarize yourself with, and to regularly review, the Terms of Service, and any other terms and guidelines that may be published from time to time and abide by them if YOU choose to use the SERVICES, or accept the products, services or benefits, to which such terms apply. eStoreware reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If eStoreware makes a material change to the Terms of Service, eStoreware Inc. will give YOU notice by email at the email address which YOU use administrative email account for SERVICES account thirty days before such change is scheduled to take effect. If YOU continue to use the SERVICES after any such changes, YOUR continued use will constitute YOUR consent to such changes.

Any rights not expressly outlined or granted herein are reserved by eStoreware Inc.

In addition, YOUR account information and other information about YOU is subject to our Privacy Statement located at www.estoreware.com/privacy

If YOU do not have the ability to print or otherwise wish to obtain a hard copy of these Terms of Service, please send an email to info@estoreware.com requesting a hard copy. YOU may also click on the link to "Terms of Service" or "Terms of Use" at the bottom of each page of the eStoreware web site for copy of these Terms of Service, which may be printed and saved through the printing and saving capability of YOUR browser and printer.

YOUR WARRANTIES

By subscribing to any service offered on the eStoreware site, YOU make the following representations and warranties. eStoreware shall have the right to terminate YOUR SERVICES account, without notice at any time, if any representation warranty made by YOU proves to be false in any respect.

YOU represent and warrant that:

YOU and all users of the SERVICES approved by YOU are at least eighteen (18) years of age; YOU have the legal capacity and authority to;

(a) enter into binding contracts for the sale and purchase of goods and services,
(b) be bound by these Terms of Service and the Additional Terms,
(c) to subscribe to and use the SERVICES, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service and any Additional Terms and
(d) if YOU are acting in a corporate capacity, to bind YOUR company; YOU will not use the SERVICES for any purpose that is unlawful, or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time); All information supplied by YOU or by others using YOUR account is true and accurate, including information submitted as part of the registration, account and billing process; Any products or services advertised, sold or otherwise distributed by YOU on or in connection with YOUR use of the SERVICES are legal for sale or distribution; that YOU have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law; and YOU have and control all of the intellectual property, proprietary and similar rights necessary for all material used by YOU in connection with YOUR use of the SERVICES, all submissions, and all products and services sold or otherwise distributed by YOU or on YOUR behalf via the SERVICES provided by eStoreware Inc.
By using the SERVICES, YOU agree that YOU will defend and indemnify eStoreware and its suppliers from any third party claim related to a breach of any of the foregoing warranties.

LIMITATIONS ON YOUR USE OF THE SERVICES

The SERVICES are provided to assist YOU with the operation of YOUR business. YOUR right to use the SERVICES is limited to YOU, and YOUR company and its employees. YOU are solely responsible for YOUR content and YOUR use of the SERVICES and YOUR SERVICES account.

eStoreware Inc. reserves the right, but is not obligated, to monitor or to review materials posted to Web Sites operated as a part of YOUR SERVICES and to monitor YOUR compliance with these Terms of Service and the Additional Terms. eStoreware reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service or the Additional Terms in whole or in part, without notice at any time. YOU may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the SERVICES, except as expressly provided herein. YOU may not restrict or inhibit any other user from using and enjoying such user's rights in SERVICES. YOU may not interfere with or disrupt the SERVICES or servers or any network connected to SERVICES. YOU may not use the SERVICES or the products or services provided through or in connection with the SERVICES to:

1. rent, lease, license, grant a security interest in, or otherwise transfer or sublicense YOUR rights hereunder to any third party;
2. defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person;
3. conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail ( including "spamming") or multi-level or illegal marketing campaigns;
4. harm minors in any way;
5. publish, post, distribute, disseminate, advertise or link to any:
(i) content, site, topic, name, material or information which is illegal, inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content;
(ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless YOU own, or control such rights or have received all necessary consents for YOUR publication, distribution, or linking of such software and other materials;
(iii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs;
(iv) software, content, other material or Web site that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
6. sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites or marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; Nazi memorabilia; registered or unregistered securities; goods or services that YOU cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods, services or activities that if sold via any of the SERVICES or YOUR web site would cause eStoreware to violate any law, statute or regulation; or any other illegal activity;
7. harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;
8. violate any applicable government laws or regulations. YOU may not reproduce or redistribute any Software, as that term is defined in the Section entitled "Software Available on the SERVICES." YOU may not copy or reproduce the Software to any other server or location for further reproduction or redistribution. YOU may not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in the SERVICES, or in any product, service or Software provided through the SERVICES.
The information provided by eStoreware to YOU may be proprietary in nature. YOU agree not to share any information provided to YOU by or on behalf of eStoreware with any third party.

TERMS RELATED TO FEES, PRICING AND BILLING

FEES
Some products and services available through or in connection with SERVICES require that YOU purchase an account or otherwise pay a fee. YOU are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of YOUR SERVICES account by YOU or anyone else using YOUR account. eStoreware reserves the right to modify the fees charged for SERVICES products and services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after eStoreware notifies YOU via email or otherwise of such modified fees.

PRICING
Prices for all Products exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, YOU agree to be responsible for any applicable taxes and telecommunication charges, whether or not such amounts are itemized on YOUR Billing Account or Payment Method.

The price on YOUR SERVICES Checkout page for products, services and items obtained through the SERVICES (the "Products") reflects the most recent price displayed on the item's product detail page. Please note that this price may differ from the price shown for the Product when YOU first placed it in SERVICES Checkout (e.g. YOU place an item in the SERVICES checkout, but YOU waited several days before submitting the order and the price changed between placing the item in SERVICES checkout and submitting the order). We cannot confirm the price of a Product until YOU submit YOUR order; however, we do NOT charge YOUR Billing Account until YOUR order completes the SERVICES Checkout process. Despite our best efforts, a small number of Product items may be mis-priced or the offer has expired and the following will apply:

1. If a Product's correct price is lower than our stated price, we charge YOU the lower amount.
2 If a Product's correct price is higher than our stated price, we will, at our discretion, either contact YOU for instructions or cancel YOUR order and notify YOU of such cancellation.

BILLING

CHARGES ON YOUR BILLING ACCOUNT

eStoreware bills YOU through a "Billing Account" for Products. YOU agree to pay eStoreware all charges at the prices then in effect for any Products ordered by YOU or other persons (including YOUR agents) using YOUR Billing Account, and YOU authorize eStoreware to charge YOUR chosen payment method (YOUR "Payment Method") for such Products. YOU agree to make payment using that selected Payment Method. Charges on YOUR Billing Account will be summarized for. YOU will have one Online Statement per Billing Account. eStoreware reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY ESTOREWARE IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE ESTOREWARE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT ESTOREWARE MAY CONTINUE CHARGING YOU FOR ANY PRODUCT PROVIDED UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR ACCOUNT FOR SUCH PRODUCT (CONFIRMED IN WRITING UPON REQUEST).

Currency exchange settlements will be based on YOUR Payment Method and may be determined by agreements between YOU and the financial institution, credit card issuer or other provider of YOUR chosen Payment Method (the "Payment Method Provider"). If eStoreware does not receive payment from YOUR Payment Method Provider, YOU agree to pay all amounts due on YOUR Billing Account upon demand. If the amount to be charged to YOUR Billing Account varies from the amount YOU preauthorized, YOU have the right to receive, and eStoreware shall so provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement YOU have with the Payment Method Provider will govern YOUR use of YOUR Payment Method. YOU agree that eStoreware may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

ESTOREWARE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE ESTOREWARE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION, GO TO HTTP://SUPPORT.ESTOREWARE.NET/CUSTOMERSERVICE/.

YOUR non-termination or continued use of the Products on YOUR Billing Account reaffirms that eStoreware is authorized to charge YOUR Payment Method. eStoreware may submit those charges for payment and YOU will be responsible for such charges. Those submissions will not waive eStoreware's right to seek payment directly from YOU. YOUR charges may be payable in advance, in arrears, per usage, or as otherwise described when YOU initially ordered the applicable Product.

All SERVICES sold as "12 Month Plans" require a 12 month commitment. YOU agree that if you subscribe to these services, cancellation prior to the 13th Month will result in YOU being billed for any remaining months in your 12 month contract. YOU agree to accept these charges.

DUE DATE; LATE CHARGE; COLLECTION COSTS

The amount due to eStoreware for YOUR Billing Account must be paid in full by YOUR Payment Method Provider on the date such payment is requested by eStoreware, not later than 30 days after the billing date; YOU are not entitled to carry forward a balance. YOU agree to pay late charges that may be assessed by eStoreware on amounts due but not timely paid. The late charge will be 1.5% per month (or 18% per annum) on the total amount due but not paid; but if such rate is in excess of any allowable rate under applicable laws, then YOU will instead be charged the maximum rate that is permitted by law. eStoreware reserves the right to refer YOUR Billing Account to a third party for collection in the event of default. YOU agree to pay all costs incurred in the enforcement of these Terms of Use and in collection of any delinquent amounts due, including reasonable attorneys' fees and costs.

DEFAULT

If eStoreware does not receive payment for any charge to YOUR Billing Account, YOU will be in default and eStoreware may suspend or cancel YOUR Billing Account and YOUR access to any or all eStoreware Products. If YOUR Payment Method Provider seeks return of payments previously made to eStoreware, but eStoreware in good faith believes that YOU are liable for the charge and applicable law allows the Payment Method Provider to seek payment from YOU, YOU will also be in default and eStoreware may cancel YOUR Billing Account and YOUR access to any or all Products. CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, ESTOREWARE MAY STOP DELIVERY OF ANY PRODUCT, AND ANY INFORMATION YOU HAVE STORED ON A ESTOREWARE SERVICE MAY NOT BE RETRIEVED AT A LATER DATE.
REFUNDS AND CANCELLATIONS

Software

eStoreware software is eligible for a full refund if requested within 30 days from the date the software is activated. However, eStoreware software that includes the application source code, are not eligible for refund due to the intellectual property exposed. Many eStoreware products include one month of hosting and a consultation with an e-business consultant. See the section below for more information on services refunds.

Services

Refunds for unused professional services, minus a 20% administrative fee, are provided if requested within 30 days of the order date. Completed services will be billed at the full published rate in one hour increments. The amount of services delivered is assessed by eStoreware services personnel and is not negotiable. Setup service fees are not refundable.

Hosting and Subscription Services

Recurring services can be cancelled with 10 business days notice. No refunds will be provided for recurring hosting, marketing, or payment services, including any pre-paid annual service plans.

Note: Any products and services purchased through eStoreware Partners, retailers or distributors, are not eligible. Products and services resold by eStoreware may be subject to the cancellation and refund policies set forth by the vendor.

To request a refund or service cancellation, please contact support@estoreware.com. A request is not official until return form has been completed. A verbal or e-mail request will not be considered a refund until responded and authorized by eStoreware.

GENERAL

YOU represent and warrant that YOU are an individual (or in the case of an entity, an agent of the entity) authorized to use the designated Payment Method. YOU agree to pay for all charges (including charges by other persons) and to comply with YOUR responsibilities and obligations as stated in these Terms of Service. If YOU are an agent of an entity user, YOU represent and warrant that YOU are duly authorized to legally bind the entity to all terms and conditions of these Terms of Service and that YOU have made the entity aware of them. YOU agree not to assign, transfer or sublicense any rights in YOUR Billing Account.

CHANGES TO SERVICES, TERMINATION BY SERVICES

eStoreware may change any of the SERVICES at any time and from time to time without notice, including terminating the offering of any SERVICES service altogether. eStoreware may terminate YOUR account, YOUR access to SERVICES or any of YOUR SERVICES (in whole or in part) at any time, with or without cause, and with or without notice. YOU may be barred from accessing any of YOUR SERVICES or from using the SERVICES or from receiving any products, services or benefits from SERVICES, if eStoreware determines YOU have violated these Terms of Service or any Additional Terms, if YOU have failed to remit any applicable account fees when due, if any representation or warranty made by YOU is untrue in any respect or if eStoreware receives a court order or other legal action relating to YOUR account. In addition, if YOU violate any of these Terms of Service, or any applicable Additional Terms YOU will forfeit all in-kind credits and any other amounts accruing to YOU (if any) in connection with the SERVICES network and there will be no refund of any fees prepaid by YOU. If YOU subscribe to a SERVICES which is made up of two or more individual services and YOU violate the Terms of Service applicable to one of such individual services, (1) YOUR use of the particular individual service will be terminated, but the remaining services will remain active and (2) there will be no refund (in whole or in part) of YOUR annual fee for the SERVICES service terminated. YOU will be responsible for all fees incurred during YOUR account and payment of such fees shall be due immediately upon termination of YOUR account.

LINKS TO THIRD PARTY SITES

Links within the SERVICES may let YOU leave the SERVICES. YOU acknowledge that the linked sites are not under the control of eStoreware and that eStoreware is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. eStoreware is providing these links to YOU only as a convenience, and the inclusion of any link does not imply endorsement by eStoreware of the linked site or any association with their operators.

LICENSE YOU GRANT TO SERVICES

eStoreware does not claim ownership of the materials YOU provide to eStoreware (including feedback and suggestions) or that YOU post, upload, input or submit in connection with YOUR use of SERVICES or any Web site ("YOUR Web Site") created by YOU or on YOUR behalf in connection with the use of SERVICES (collectively "Submissions"). However, YOU grant eStoreware a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat YOUR Submission, and to publish YOUR name in connection with YOUR Submission) YOUR Submission only in connection with the operation and promotion of SERVICES. YOU also grant eStoreware the right to publish YOUR name in connection with any such use. No compensation will be paid or due YOU with respect to eStoreware's or its sublicensee's use of the materials as licensed above. eStoreware is under no obligation to post or use any materials YOU may provide, and may remove such materials at any time in eStoreware's sole discretion. By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the SERVICES, YOU represent and warrant that YOU own or otherwise control the rights necessary to do so and to grant eStoreware the license set forth above, and YOU will defend and indemnify eStoreware and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.

SOFTWARE AVAILABLE ON THE SERVICES

Software (if any) that is made available to download from or otherwise used through the SERVICES, excluding software that may be made available by third parties via SERVICES, ("Software") is the copyrighted work of eStoreware and/or its suppliers. YOUR use of the Software is governed by these Terms of Service, and the applicable Additional Terms, and the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). To the extent that the License Agreement conflicts with the Terms of Service or Additional Terms, the terms of the License Agreement shall govern YOUR use of the Software. YOU may not install or use any Software that is accompanied by or includes a License Agreement unless YOU first agree to the License Agreement. For any Software not accompanied by a license agreement, eStoreware Inc. hereby grants to YOU, the user, a personal, non- exclusive, non-transferable license to use the Software for viewing and otherwise using the particular SERVICES Web Site or SERVICES in accordance with the License Agreement, the Terms of Service and Additional Terms and for no other purpose. In addition, YOU shall keep intact all and may not alter any copyright and other proprietary notices contained in such Software. All Software is owned by eStoreware and/or its suppliers, and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER. YOU acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. YOU agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. YOU are responsible for ensuring the Software is marked with the "Restricted Rights Notice" or "Restricted Rights Legend," as required. All rights not expressly granted are reserved.

LIMITATIONS OF LIABILITY AND DISCLAIMERS

The information, software, products, services and other material included in or available through the SERVICES may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via the SERVICES should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. YOU acknowledge that YOU should consult an appropriate professional for specific advice tailored to YOUR situation.

YOUR access to and use of the SERVICES, and products and services of SERVICES, is at YOUR own risk. eStoreware makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the SERVICES, or such products or services. Without limiting the foregoing, NEITHER ESTOREWARE NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ESTOREWARE AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. IN NO EVENT SHALL ESTOREWARE OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:
DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF SERVICES OR RELATED SERVICES, OR WITH THE DELAY OR INABILITY TO USE SERVICES OR RELATED SERVICES;
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH SERVICES; OR OTHERWISE ARISING OUT OF THE USE OF SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ESTOREWARE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND ITS RELATED SERVICES AND PRODUCTS.

Without limiting the foregoing, eStoreware is not responsible for any of YOUR data residing on eStoreware and SERVICES hardware or systems, including such hardware or systems provided to eStoreware by third parties. YOU are responsible for maintaining and backing-up YOUR data and information that may reside on the eStoreware or SERVICES hardware or systems, including such hardware or systems provided to eStoreware by third parties, whether or not such information is produced through the use of SERVICES, including any information regarding the operation or use of YOUR Web site, catalogs, lists, order records, and other information YOU are providing or using in connection with YOUR use of the SERVICES Network. It is YOUR responsibility to take the necessary steps to ensure YOUR primary means of business is maintained. eStoreware will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) YOUR use of the SERVICES, its services or products; (b) YOUR CUSTOMERS' use of YOUR Web site hosted by or created through SERVICES and YOUR products and services; (c) use of the SERVICES by any other party to whom YOU have given access to YOUR company information for use of the SERVICES; (d) errors, bugs or other defects in the SERVICES; (e) lost company, CUSTOMER or vendor information (e.g., billing information, credit card numbers, lost orders, etc.); (f) illegal or criminal activities, including but not limited to reliance on any information obtained on the SERVICES Web Hosting service; or (g) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to eStoreware's records, programs or services. YOU are solely responsible for maintaining and backing-up any information regarding the operation or use of YOUR Web site, catalogs, lists, order records, and other information YOU are providing or using in connection with YOUR use of the SERVICES Network.

eStoreware is not liable for YOUR actions with YOUR CUSTOMERS or vendors, or the use of their information, or for any other actions arising from YOUR use, or the use of other parties to whom YOU have given access to YOUR SERVICES information, through the use of the SERVICES.

eStoreware is not involved in any transaction between YOU and YOUR buyer or seller or other third parties with whom YOU may have transactions through YOUR Web site or between YOU and any user of any products or services offered or provided by YOU or by a third party through the SERVICES. eStoreware is not responsible for screening, censoring or otherwise controlling YOUR Web Site, or any listings or transactions offered or conducted via YOUR Web Site. YOU are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with YOU via YOUR Web site or through SERVICES.

eStoreware is not acting as YOUR or any third party's agent in connection with the operation of SERVICES. YOU are solely responsible for: (a) processing CUSTOMER orders or other transactions; (b) verifying the validity of incoming CUSTOMER orders before finalizing the order; (c) informing CUSTOMERS of the status of such orders or transactions; (d) providing all CUSTOMER support related to such orders or transactions (e.g., lost orders, billing disputes, payments, etc.); and, (e) determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions. Further, because eStoreware is not involved in any orders or other transactions between YOU and other users of SERVICES or other marketplace forums, eStoreware cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise.

Unless otherwise expressly stated in these Terms of Service, YOUR payments for orders or transactions conducted via YOUR Web Site or on any SERVICES service will be paid to YOU directly from YOUR designated acquiring bank, CUSTOMERS or other appropriate source ("payor"). eStoreware is not responsible for such payment, and will have no liability for any lost, disputed or fraudulent payment or tenders of payment, or other disputes arising between YOU and CUSTOMERS or payors. eStoreware makes no guarantee about the reliability or accuracy of these products or services, or the results obtained from using SERVICES.

INDEMNITY

YOU agree to defend, indemnify and hold eStoreware Inc. and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from YOUR violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of YOUR relationship with eStoreware or YOUR use of SERVICES.

ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS

eStoreware reserves the right to deny in its sole discretion any user access to SERVICES or any portion thereof without notice.

YOU are responsible for safeguarding the confidentiality of YOUR account information (including password(s) and user name(s) issued to YOU) and for any use or misuse of YOUR account or the SERVICES resulting from any third party using a password or user name issued to YOU. YOU agree to notify ESTOREWARE immediately of any known or suspected unauthorized access to or use of YOUR account, YOUR password, the password of any individual user to whom YOU have issued a login ID or any other breach of security or misuse of the SERVICES known to or suspected by YOU. YOU may change YOUR password at any time by following instructions on the SERVICES Web site.

YOU hereby authorize eStoreware to rely on any data, notice, instruction or request furnished by YOU to eStoreware, or that eStoreware reasonably believes to have been furnished by YOU. YOU are solely responsible for maintaining the confidentiality of YOUR account information and monitoring usage of YOUR account. eStoreware is not responsible for fraud of participants or of other users of YOUR account.

GENERAL

If YOU have made this agreement with ESTOREWARE, these Terms of Service and the Additional Terms are governed by the laws of the State of Kansas, U.S.A. Regardless of whether YOU have contracted with ESTOREWARE, YOU hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Johnson County, Kansas, USA in all disputes arising out of or relating to the use of the SERVICES. YOU agree not to represent yourself to be a representative, agent, or employee of ESTOREWARE and that ESTOREWARE will not be liable by reason of any representation, act or omission to act by YOU.

YOU agree that no joint venture, partnership, employment, or agency relationship exists between YOU and ESTOREWARE as a result of these Terms or Service or use of SERVICES.

ESTOREWARE'S performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of ESTOREWARE'S right to comply with governmental, court and law enforcement requests or requirements relating to YOUR use of the SERVICES or information provided to or gathered by ESTOREWARE with respect to such use.

If any part of these Terms of Service or the Additional Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service and the Additional Terms shall continue in effect.

Unless otherwise specified herein, these Terms of Service, the Additional Terms and the Privacy Statement constitute the entire agreement between the user and eStoreware with respect to the SERVICES and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and eStoreware with respect to the SERVICES Network.

A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. eStoreware may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove YOUR agreement or consent in any manner, including without limitation, by showing that a procedure existed by which YOU must have provided consent or engaged in conduct to obtain the applicable services or Products.

The example companies, organizations, products, people and events depicted the demonstration sites within the SERVICES are fictitious. No association with any real company, organizations, product, person or event is intended or should be inferred.
eStoreware is not obligated to monitor the content on SERVICES. eStoreware reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with eStoreware's Privacy Statement located at http://www.eStoreware.net/privacy.asp. eStoreware reserves the right to edit, refuse to post or to remove any information, content, or materials, in whole or in part, from the SERVICES Web sites, in eStoreware's sole discretion, without notice at any time.

Any rights not expressly granted herein are reserved by eStoreware, including all legal and equitable remedies available to eStoreware or violation of any of these Terms of Service. COPYRIGHT AND TRADEMARK NOTICES All contents of the SERVICES are: Copyright (c) 1996 - 2001 eStoreware, Inc. and/or its suppliers, c/o eStoreware , 1850 Dekalb Avenue, Sycamore, Illinois 60178 U.S.A. All rights reserved. TRADEMARKS SERVICES is either a trademark or registered trademark of eStoreware Corporation. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. eBay and the eBay logo are trademarks of eBay Inc. Any rights not expressly granted herein are reserved by eStoreware. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent.

Part II: EStoreware Hosting Acceptable Use Policy

eStoreware maintains the right to take action to correct or relieve any issues arising from the abnormal use or unlawful use of the hosting and co-location facilities. In most cases, eStoreware will make or attempt to make documented contact with the offending customer prior to taking corrective action. In the case of customer-sourced network attacks, eStoreware reserves the right to disable the customer's network access, therefore protecting the overall network, prior to customer contact.

eStoreware provides the services listed herein for the service of legitimate business customers, and will not tolerate or allow the following activities:

• Delivery of or storage of pornography or pornographic materials in any media format
• Delivery of or storage of any non-corporate use or pirated software or other media
• Delivery of or servicing of any business activities related to Unsolicited Commercial E-mail (UCE), otherwise known as Spam
• Performance of or tolerance of (through failure to correct or direct facilitation) unlawful or unruly internet activity ("Hacking"), including denial of service, port scanning (without prior permission of ESTOREWARE), or other attacks
• Facilitation, Delivery, or participation in any illegal online activity
• Delivery of or storage of non-traditional business web content such as hate sites or other blatantly controversial materials (e.g. pictures of Princess Diana's car crash)

Acceptable Use Termination

eStoreware Inc. maintains the right to permanently disable the facilities of any customer violating the above terms on a repeat basis, any customer who refuses to take corrective action after repeat warnings from eStoreware. In the event of such termination, eStoreware shall hold the customers assets until such time as a settlement is reached concerning any remaining payments due on the term contract. In short, don't violate the above (AUP).