SITEQUEST DESIGN LLC General Terms and Conditions of Service

BY SIGNING UP FOR AND/OR OTHERWISE ACCESSING ANY OF THE SERVICES OR PRODUCTS OFFERED BY SITEQUEST DESIGN LLC YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THESE TERMS AND CONDITIONS SUPERSEDE ALL EARLIER VERSIONS AND REQUIRE MANDATORY ARBITRATION OF DISPUTES. Please read these terms and conditions carefully, as they describe your legal rights and obligations. This agreement shall become effective as of the date of (1) your electronic signature on or acceptance of this Agreement, (2) the activation of your account or (3) your receipt of an e-mail from SITEQUEST DESIGN LLC confirming your order, whichever happens first. THIS AGREEMENT IS EFFECTIVE FOR AN INITIAL TERM OF ONE MONTH (OR LONGER IF YOU HAVE A MINIMUM OR EXTENDED TERM CONTRACT) AND IS AUTOMATICALLY RENEWABLE FOR SUCCESSIVE TERMS OF THE SAME LENGTH AS THE INITIAL TERM OR FOR SUCCESSIVE ONE MONTH TERMS, AS MORE FULLY DESCRIBED IN THE TERM AND TERMINATION PROVISIONS CONTAINED IN SECTION 2. EXCEPT AS OTHERWISE PROVIDED HEREIN, EITHER YOU OR SITEQUEST DESIGN MAY TERMINATE THIS AGREEMENT (AND YOUR ACCESS TO YOUR ACCOUNT) AT ANY TIME WITH 30 DAYS NOTICE, OR SITEQUEST DESIGN MAY TERMINATE THIS AGREEMENT OR SUSPEND YOUR ACCOUNT WITH NO NOTICE FOR A BREACH OF THIS AGREEMENT. ANY AND ALL OUTSTANDING FEES (INCLUDING WITHOUT LIMITATION THOSE THAT MAY BE OWED UNDER A MINIMUM OR EXTENDED TERM PACKAGE) SHALL BE DUE AND PAYABLE UPON TERMINATION, ALL AS MORE FULLY DESCRIBED IN SECTION 1.

1. TERM AND TERMINATION.

1.1. Except as otherwise provided in this Agreement, this Agreement shall be for an initial term of one month and shall be automatically renewed each month for additional one month periods unless and until sooner terminated pursuant to the provisions of this Section 2. SITEQUEST DESIGN may accept prepayment for services to be provided under this Agreement, but such acceptance shall not modify or extend the term of this Agreement. Notwithstanding anything herein to the contrary, SITEQUEST DESIGN offers certain other Packages for which the term of this Agreement shall be in excess of one month (the "Extended Term Packages"), at the end of which this Agreement shall automatically renew for additional terms of equal length unless you turn off the auto renew function in your account, in which case this Agreement shall terminate at the end of the then-current term. You will receive notice between 30 and 60 days prior to the end of each term of your Extended Term Package that will alert you that your term is about to renew and will provide you with instructions on how to cancel if you do not wish to renew. These notices will be provided via your Customer Control Panel in the Message Board. Any and all service fees for the Extended Term Packages are NON-REFUNDABLE AND ARE DUE AND PAYABLE UPFRONT IN ADVANCE for the entire term thereof. Should you choose to terminate your Extended Term Package prior to the end its term you will not be entitled to a refund. For the purposes of this provision, any modification of the hosting package may, in the discretion of SITEQUEST DESIGN, be deemed a termination. Fees paid for an Extended Term Package shall be refunded to you if this Agreement is terminated by SITEQUEST DESIGN without cause pursuant to Section 2.2. prior to the end of the term of your Extended Term Package in an amount equal to the service fees for the remainder of the term on a prorated basis, or as otherwise agreed to in writing by SITEQUEST DESIGN in its sole discretion. Further notwithstanding anything herein to the contrary, SITEQUEST DESIGN offers certain Packages for which the initial term of this Agreement shall be in excess of one month and shall have minimum term requirements (the "Minimum Term Contract Packages"), at the end of which such initial term this Agreement shall renew automatically on a month-to-month basis pursuant to the terms herein. Any and all service fees for the Minimum Term Contract Packages are due and payable for the entire initial term thereof. Should you choose to terminate your Minimum Term Contract Package prior to the end of its term you authorize SITEQUEST DESIGN to charge the Payment Account for all such fees and charges for the remainder of such initial term. For the purposes of this Section, any modification of the server package may, in the discretion of SITEQUEST DESIGN, be deemed a termination and entitle SITEQUEST DESIGN to the Fees owing on the Minimum Term Contract Package.

1.2. Except as otherwise provided herein, you or SITEQUEST DESIGN may terminate this Agreement at any time for any reason, with or without cause, upon thirty days' written notice. You may terminate your account by email.

1.2.1. if SITEQUEST DESIGN, in its sole discretion, deems that you have breached any part of this Agreement, including, without limitation, any warranty or obligation set forth in Section 6,

1.2.2. if your Payment Account provider refuses payment of fees or charges or you refuse authorization for same, or

1.2.3. if payment for the SITEQUEST DESIGN LLC Services is more than fifteen days overdue.

1.3. After termination, you will no longer have access to your account and Your Data, including but not limited to e-mails, log files, databases, or other data files associated with your account may be deleted. SITEQUEST DESIGN accepts no liability for such deleted information or content.

2. DESCRIPTION

Subject to and conditioned upon SITEQUEST DESIGN’s retained rights and all other terms and conditions set forth in this Agreement, SITEQUEST DESIGN offers the SITEQUEST DESIGN LLC Services as soon as practicable after registration for and payment of any and all fees due. You will receive a password, account and instructions upon completion of the registration process. You are responsible for maintaining the confidentiality of both your password and your account and are fully responsible for all activities that occur under your password and your account. You agree to immediately notify SITEQUEST DESIGN of any unauthorized uses of the account or any other breaches of security. SITEQUEST DESIGN cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will SITEQUEST DESIGN be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. The SITEQUEST DESIGN LLC Services are subject to the following conditions and restrictions:

3.1. Translation Services

3.1.1 SITEQUEST DESIGN shall provide to you a non-transferable, revocable, non-sublicensable, non-exclusive and limited license to use the Document Translation Services for your non-exclusive use for the exclusive purpose of translating documents through the use of SITEQUEST DESIGN’s Equipment and Software for purposes consistent with this Agreement.

3.1.2 Any and all requests for Customer Service may be refused by SITEQUEST DESIGN with or without reason. Any additional Customer Service which SITEQUEST DESIGN may subsequently agree to provide to you shall be at SITEQUEST DESIGN’s sole discretion and once commenced, may be terminated at any time by SITEQUEST DESIGN without notice to you and without any liability to SITEQUEST DESIGN. Notwithstanding the foregoing, SITEQUEST DESIGN at its sole discretion may at any time alter or cease providing the Customer Service which it has agreed to provide to you relating to Document Translation Services pursuant to this Agreement without any liability to SITEQUEST DESIGN.

3.1.3 Some SITEQUEST DESIGN LLC Services may not be available to International Customers, and SITEQUEST DESIGN reserves the right to alter, amend, or discontinue the provision of some or all of the SITEQUEST DESIGN LLC Services to International Customers in a particular market at any time in SITEQUEST DESIGN’s sole discretion.

3.1.4 SITEQUEST DESIGN may suspend performance under or terminate this Agreement, cease transmission of data associated with your domain name immediately and without notice, permanently remove Your Data from the SITEQUEST DESIGN Equipment, and take any other actions it deems necessary, in its sole discretion, immediately and without notice, to comply with the relevant Laws if it is informed or otherwise believes, in its sole discretion, that Your Web Site violates the intellectual property rights of any third party or is otherwise the subject of a dispute. As more completely set forth in Sections 6, 7, and 10, you waive any and all claims you may have, now and forever, against SITEQUEST DESIGN relating to the content, use, and operation of Your Web Site and agree to indemnify and hold harmless SITEQUEST DESIGN from and against any such claims.

3.1.5 You are responsible for backing up Your Data on your own computer. SITEQUEST DESIGN does not warrant or otherwise guarantee that it will back up your data or that data which has been backed up can be retrieved, and will not be responsible for any archiving or backup of Your Data. If any of Your Data is damaged, deleted, lost or corrupted in any way, or becomes otherwise unavailable due to termination or suspension of your account pursuant to this Agreement, SITEQUEST DESIGN will have no obligation or liability to you.

3.2. Software

3.2.1. SITEQUEST DESIGN may, in its sole discretion, provide you with SITEQUEST DESIGN Software in combination with Your Services. Upon payment of all fees due and owing to SITEQUEST DESIGN under this Agreement, SITEQUEST DESIGN hereby grants, and you hereby accept, a nontransferable, revocable, non-sublicensable, and non-exclusive license to use the SITEQUEST DESIGN Software and all related documentation for your own personal or business use during the term of this Agreement. Any rights not expressly granted herein shall be reserved for SITEQUEST DESIGN. Source code or other information pertaining to the logic DESIGN of the SITEQUEST DESIGN Software is specifically excluded from the license granted hereunder.

3.2.2. Although certain SITEQUEST DESIGN Software may be provided free of charge, SITEQUEST DESIGN reserves the right to charge for the SITEQUEST DESIGN Software or any updates thereto or upgrades therefor at any time.

3.2.3. You recognize that the SITEQUEST DESIGN software and all related information, including but not limited to any and all updates, improvements, modifications, enhancements, and information related to installation of the SITEQUEST DESIGN Software at your home or office, are proprietary, and that all rights thereto, including copyright, are owned by SITEQUEST DESIGN. You further acknowledge that you have been advised that the SITEQUEST DESIGN Software, including updates, improvements, modifications, enhancements, and information related to installation, constitutes a trade secret of SITEQUEST DESIGN, is protected by civil and criminal law, and by the law of copyright, is valuable and confidential to SITEQUEST DESIGN, and that its use and disclosure must be carefully and continuously controlled.

3.2.4. SITEQUEST DESIGN shall at all times retain title to all the SITEQUEST DESIGN Software and all related information, including all updates, improvements, modifications and enhancements, furnished to you hereunder.

3.2.5. Unless provided otherwise in the specifications for Your Services, the SITEQUEST DESIGN Software supplied hereunder is for your personal or business use. You shall not permit any third party to use the SITEQUEST DESIGN Software or allow access to the SITEQUEST DESIGN Software from sites outside of your home or business premises except as specifically authorized in writing by SITEQUEST DESIGN. The SITEQUEST DESIGN Software is to be used only for the purposes specified in this Agreement and specifically as restricted in the following three subparagraphs of this Section 3.

3.2.6. While this Agreement is in effect, or while you have custody or possession of any of the Software, you will not: (i) reproduce, copy or publicly display, or permit anyone else to reproduce, copy or publicly display, any of the SITEQUEST DESIGN Software, whether such SITEQUEST DESIGN Software is in written, magnetic or any other form, except pursuant to reasonable backup procedures, or for use in Your Web Site pursuant to this Agreement, nor; (ii) provide or make the SITEQUEST DESIGN Software available to any person or entity other than your employees or agents who have a need to know consistent with your use thereof under this Agreement, nor; (iii) create or attempt to create, or permit others to create or attempt to create, by disassembling, reverse engineering or otherwise, the source programs or any part thereof from the object program or from other information (whether oral, written, tangible or intangible) made available to you under this Agreement, nor; (iv) copy for your own use or the use of others operator manuals, system reference guides, training materials and other user-oriented materials without the prior written consent of SITEQUEST DESIGN. In order to protect SITEQUEST DESIGN’s trade secrets and copyrights in the SITEQUEST DESIGN Software, you agree to reproduce and incorporate SITEQUEST DESIGN’s trade secrets or copyright notice in any copies, modifications or partial copies.

3.2.7. You agree to notify SITEQUEST DESIGN forthwith if you obtain information as to any unauthorized possession, use or disclosure of any SITEQUEST DESIGN Software by any person or entity, and further agree to cooperate with SITEQUEST DESIGN at SITEQUEST DESIGN’s expense, in protecting SITEQUEST DESIGN’s proprietary rights.

3.3.8. Unless agreed otherwise in writing by SITEQUEST DESIGN, the SITEQUEST DESIGN Software may be used only on a single computer or workstation. SITEQUEST DESIGN software DESIGNed for use on portable workstations may be installed on both a portable and a stationary computer but may not be used on both simultaneously. You may not install the SITEQUEST DESIGN Software on a network except to facilitate permissible installation of the SITEQUEST DESIGN Software on computers attached to the network. You warrant and guarantee that all users of the software shall be aware of and comply with the terms of this license.

3.3.9. Certain SITEQUEST DESIGN Software is provided for online use as part of the SITEQUEST DESIGN LLC Services (the "SITEQUEST DESIGN Online Software"), and the use of such software may be subject to fees as outlined in the current Fee Schedule in accordance with this Agreement. The SITEQUEST DESIGN Online Software is hosted software which runs directly on SITEQUEST DESIGN’s servers, and you may not download, install, store or make any copies of the SITEQUEST DESIGN Online Software, nor may you sublicense the SITEQUEST DESIGN Online Software. You agree not in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the SITEQUEST DESIGN Online Software or any copies thereof and not to assist any third party in doing so. The SITEQUEST DESIGN Online Software is DESIGNed to be used through the SITEQUEST DESIGN user interface and, as such, may be utilized by any authorized user from any computer or workstation. This license is automatically revoked upon termination of this Agreement. SITEQUEST DESIGN reserves the right to suspend the use of, modify or discontinue the SITEQUEST DESIGN Online Software for any or all customers at any time without notice. Certain Online Software is also Third Party Software, and is subject to the applicable provisions of 2.3.10. SITEQUEST DESIGN may limit the functionality of any such third party Online Software, in its sole discretion.

3.3.10. In the event of termination of this Agreement, or upon any act which shall give rise to SITEQUEST DESIGN’s right to terminate, or upon the expiration of the license for SITEQUEST DESIGN Software which is subject to a limited-duration license, any and all licenses granted under this Section 3.3 shall terminate automatically, and you will remove, erase or destroy the SITEQUEST DESIGN Software and documentation and all copies thereof, wherever located, without demand or notice.

3.3.11. SITEQUEST DESIGN may stop providing the Software or any updates thereto, including but not limited to the Online Software or the Third-Party Software, at any time without notice or any further liability to You.

3.3.12. Certain Software (including Third-Party Software) may not be available to International Customers.

3.4. Premium Services.

3.4.1. SITEQUEST DESIGN offers certain Premium Services to use with the SITEQUEST DESIGN products and services. By ordering the SITEQUEST DESIGN Premium Services, you agree to the terms and conditions set forth in this Section 3.4, in addition to the other terms in this Agreement.

3.4.2. The SITEQUEST DESIGN Premium Services can only be used with the SITEQUEST DESIGN products and services and only by account owners and persons with authority on the account. There will be no Premium Services provided to end users, unless consent has been provided by the account holder, in writing, to the SITEQUEST DESIGN Premium Services Team. Any SITEQUEST DESIGN Premium Services Team Member may ask for verification of identity and it shall be at the discretion of the SITEQUEST DESIGN Premium Services Team Member whether the individual is, in fact, the account holder or has been otherwise properly authorized by the account holder.

3.4.3. The SITEQUEST DESIGN Premium Services are available on request (subject to the availability of a SITEQUEST DESIGN Premium Services Team Member). You are charged a fee for the Premium Service ordered. Such fee is in addition to the normal subscription fees for the relevant SITEQUEST DESIGN package. The scope of each Premium Service ordered is detailed within the service description at the time of purchase.

3.4.4. The SITEQUEST DESIGN Premium Services Team is available Monday – Saturday between 8:00am EST and 5:30om EST (excluding federal holidays). Outside the applicable business hours, a 24-hour-hotline support center can be reached for customers to make appointments for SITEQUEST DESIGN Premium Services within the business hours.

3.4.5 Upon booking any Premium Service, you will be required to provide SITEQUEST DESIGN with a credit or debit card or another valid payment method to pay for the service. You will be advised at the time of booking what the fee is based on the particular service or services ordered. You will be charged the amount of said fee upon the earlier to occur of (a) fulfilment of the services ordered; or (b) 30 days following the booking of said service(s). The booked service must be used within 30 days of purchase. Service-specific consultation calls with a SITEQUEST DESIGN Premium Services Team Member are only available following a purchase of a Premium Service and must take place within 30 days of purchase.

3.4.6. Once booked, there is no refund of the Premium Service. You may cancel the order for Premium Services by e-mail or phone at any time but due to the nature of this customized service and the work involved, you will not receive a refund of the service fee. The 30-day money-back guarantee that is offered for some other SITEQUEST DESIGN products is not available for Premium Services. Cancelling the Premium Services has no effect on any other existing SITEQUEST DESIGN contracts.

3.4.7. You may be asked to provide files, materials, and information (“Customer Materials”) for the setup of the SITEQUEST DESIGN Premium Services. You shall submit all Customer Materials required in electronic file format by e-mail in a format acceptable to the SITEQUEST DESIGN Premium Services Team Member (such as Word, jpeg, gif, etc.). Customer Materials must be of good quality and suitably sized for its intended use. Customer Materials must not be illegal or offensive in nature, and you must be the owner, or have the relevant permission from the copyright holder if using non-open source third party materials. You must retain a current back-up of any such Customer Materials. Any Customer Materials may be deleted by SITEQUEST DESIGN after the Premium Service has been performed and will not be returned to you.

3.4.8. You will be notified by SITEQUEST DESIGN via email (at your email address on file with SITEQUEST DESIGN) when your Premium Services or Services has been completed. Following notification of completion, you will have five days to request any changes to be made. All such requests must be made to the SITEQUEST DESIGN Premium Services Team. Any and all change requests must fall within the scope of the SITEQUEST DESIGN Premium Services ordered and paid for. Any change request falling outside such scope is considered a separate service order.

3.4.9. If SITEQUEST DESIGN deems any change request to fall outside of the scope of the service, you may request further services from the Premium Services Team, who will provide you with an estimate of price and expected time for the additional services. Any estimate of pricing and timing may be subject to change. You shall be billed for such additional services upon completion of said services and payment shall be due within 30 days of the date of the invoice. Prior to SITEQUEST DESIGN providing any additional services, you must retain a backup of all their data and confirm to the SITEQUEST DESIGN Premium Services Team that this has been done. You will have an additional 14 days to notify the SITEQUEST DESIGN Premium Services Team of any issues you may have after the additional services have been performed.

3.4.10. In addition to the limitations set forth elsewhere in this Agreement, SITEQUEST DESIGN does not warrant that the SITEQUEST DESIGN Premium Services will meet your requirements or that they will result in a desired outcome and SITEQUEST DESIGN shall not be liable for any loss or damage of any nature suffered by you arising out of or in connection with your use of or reliance upon the SITEQUEST DESIGN Premium Services.

4. NO WARRANTIES BY SITEQUEST DESIGN.

THE SITEQUEST DESIGN LLC SERVICES AND SITEQUEST DESIGN SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SITEQUEST DESIGN LLC SERVICES IS AT YOUR SOLE RISK. SITEQUEST DESIGN DOES NOT WARRANT THAT THE SITEQUEST DESIGN LLC SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES SITEQUEST DESIGN MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITEQUEST DESIGN LLC SERVICES. NO WARRANTY IS MADE BY SITEQUEST DESIGN REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT, AND SITEQUEST DESIGN HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF SERVICES OR GOODS PROVIDED TO YOU HEREUNDER, INCLUDING BUT NOT LIMITED TO YOUR SERVICES AND YOUR WEB SITE; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SITEQUEST DESIGN DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE SITEQUEST DESIGN LLC SERVICES WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR OTHER HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT NO REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO YOU REGARDING THE POTENTIAL VOLUME OF PATRONAGE OF YOUR WEB SITE OR ANY OTHER PERSON'S OR ENTITY'S WEB SITE OR WEB PAGE.

5. SITEQUEST DESIGN ’s LIMITED LIABILITY.

YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT. IN NO CASE SHALL SITEQUEST DESIGN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR OTHERWISE RELATING TO THE SITEQUEST DESIGN LLC SERVICES. SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH COUNTRIES, STATES OR JURISDICTIONS, SITEQUEST DESIGN’s LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, SITEQUEST DESIGN DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING THE SITEQUEST DESIGN LLC SERVICES, AND SITEQUEST DESIGN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES. YOU HEREBY RELEASE SITEQUEST DESIGN FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS. THE TOTAL LIABILITY OF SITEQUEST DESIGN FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL SERVICE FEES PAID BY YOU TO SITEQUEST DESIGN IN THE SIX MONTHS PRECEDING SUCH ALLEGED BREACH, BUT IN NO EVENT TO EXCEED $150,000.

6. YOUR ADDITIONAL OBLIGATIONS AND WARRANTIES.

6.1. You agree and warrant that the contact information you have provided to SITEQUEST DESIGN is complete and accurate, and you further agree to notify SITEQUEST DESIGN within fifteen days of a change to any such contact information. Contact information includes your full legal name, e-mail address, and mailing address and the name, mailing address, telephone number, facsimile number, and e-mail address of the technical and administrative contacts for your domain, if any.

You acknowledge and agree that you shall adopt the role of Designated Agent and you warrant that you either are the registered name holder or are authorized to represent the registered name holder.

6.2. You agree and warrant that your use of the SITEQUEST DESIGN LLC Services and SITEQUEST DESIGN’s Equipment, and all sales and distributions, by any and all means, of any type(s) of Content including, but not limited to, executable files (such as .EXE), digitized audio/visual files (such as MP3), or archived copies of copyrighted works (such as .ZIP); goods, including, but not limited to, videotapes and CD-ROM products, and any type of services by you, which are advertised and/or promoted by, or are in any other way directly or indirectly associated with your use of the SITEQUEST DESIGN LLC Services or SITEQUEST DESIGN Equipment, shall at all times comply with all applicable Laws.

6.3. You agree and warrant that you will neither store on nor allow to be transmitted by SITEQUEST DESIGN’s Equipment any data or other matter which constitutes, contains, or links to child pornography or which involves depictions of sexuality by someone who is or looks younger than eighteen years of age, regardless of their actual age, or by a performer who is portrayed or made to appear as a person under the age of eighteen years of age, or which could otherwise result from or cause harm to minors.

6.4. You agree and warrant that Your Data shall be solely for business, entertainment and/or educational purposes and that you shall assume the sole responsibility and duty to ensure that all such data, visual materials, advertising and other matter shall be transmitted exclusively to willing adults and only to places in which such materials comply with contemporary community standards.

6.5. You agree and warrant that you shall not engage in any false, deceptive or fraudulent activities in association with your use of the SITEQUEST DESIGN LLC Services or SITEQUEST DESIGN’s Equipment.

6.6. You agree and warrant that all applicable taxes have been paid or will be paid in full by you when due regarding all businesses and employees associated with your use of the SITEQUEST DESIGN LLC Services and that no taxing authorities shall have any claim against SITEQUEST DESIGN or any persons affiliated therewith for the payment of such taxes.

6.7. You represent and warrant that you are over eighteen years of age (twenty one in places where eighteen years is not the age of majority) and are fully competent to enter into this Agreement.

6.8. You agree to comply with all Laws rules regarding online conduct and acceptable Content.

6.9. You represent and warrant that you are not a national or resident of Burma/Myanmar, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, and Syria or any other country subject to U.S. Treasury Department embargo restrictions, and that you are not listed in the "Entity List" or "Denied Persons List" maintained by the US Department of Commerce or the list of "Specially DESIGNated Nationals and Blocked Persons" maintained by the US Department of Treasury. You further acknowledge that you are not a national or resident of a country whose name is otherwise omitted from the registration form for SITEQUEST DESIGN LLC Srvices. Residents of countries which are serviced by a SITEQUEST DESIGN affiliate are required to contract with those SITEQUEST DESIGN affiliates, and you represent and warrant that you are not a resident of one of those countries.

6.10. You understand that your website may be hosted and accessed in the United States and in other countries around the world, and you agree to abide by United States law, the local laws of other jurisdictions where your website may be hosted or accessed, and any other applicable export control laws and not to transfer or permit the transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization; you agree that SITEQUEST DESIGN may remove content, restrict access, or shut down your website if, in SITEQUEST DESIGN’s discretion, your website or any of its content is not in compliance with applicable law. You further agree not to upload to your SITEQUEST DESIGN account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

7. CONFIDENTIALITY, TRADEMARK, AND COPYRIGHT

7.1 During the course of this Agreement you may gain access to certain confidential, proprietary and trade secret business or technical information belonging to SITEQUEST DESIGN in connection with SITEQUEST DESIGN’s performance of the SITEQUEST DESIGN LLC Services ("Confidential Information"). You agree to preserve the confidentiality of all Confidential Information that is provided in connection with the Agreement, and shall not, without the prior written consent of SITEQUEST DESIGN, disclose or make available to any person, or use for your own or any other person's benefit, other than as necessary in performance of your obligations under this Agreement, any Confidential Information of SITEQUEST DESIGN. SITEQUEST DESIGN retains all right and title to such Confidential Information.

7.2 SITEQUEST DESIGN is a service mark of SITEQUEST DESIGN LLC All rights reserved. The trademarks, logos, and service marks displayed on this Web Site (collectively, the "Marks") belong SITEQUEST DESIGN and/or its affiliates or third parties which have licensed those rights to SITEQUEST DESIGN ("Partners"); SITEQUEST DESIGN and Partners retain all rights to the Marks and nothing in this Agreement grants you or anyone else any right whatsoever to the use of the Marks. You may not use, reproduce, or display any Marks without their owner's prior written consent. All other trademarks, product names, and company names and logos appearing on SITEQUEST DESIGN’s Web Site are the property of their respective owners.

7.3 Unless expressly stated otherwise on the SITEQUEST DESIGN Web Site, you should assume that all content, images, and materials appearing on or available through this Web Site (collectively the "SITEQUEST DESIGN Content") are the sole property of SITEQUEST DESIGN and/or its licensors. Both U.S. and international copyright laws and treaties protect such SITEQUEST DESIGN Content. You may not use, reproduce, display, or sell any SITEQUEST DESIGN Content without SITEQUEST DESIGN’s prior written consent. You may not link to any page within SITEQUEST DESIGN’s Web Site or frame any portion of the site without SITEQUEST DESIGN’s prior written consent. You may not use any SITEQUEST DESIGN Content except in connection with your Services and in accordance with this Agreement without SITEQUEST DESIGN’s prior written consent.

7.4 Subject to your compliance with the terms of this Agreement and full payment of any related Fees, SITEQUEST DESIGN grant you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to certain text, photos, graphics, videos, templates, or other content to customer which is licensed from third parties and which is not owned or controlled by SITEQUEST DESIGN (the “Third Party Content”). The use of all such Third Party Content is subject to the terms of this Agreement, and you may not use the Third Party Content: (i) together with defamatory, pornographic, or unlawful content; (ii) in such a manner that it infringes upon any third party's trademark, copyright, or other intellectual property rights, whether alone or in combination with your content or data; (iii) in a way that depicts any person appearing in the Third Party Content to advertise adult entertainment clubs, escort services, or similar venues or services, or engaging in unlawful or criminal activities; (iv) as a trademark, service mark, logo, or other indication of origin, or as part thereof, or to otherwise endorse or imply the endorsement of any goods and/or services. You may not use the Third Party Content separate and apart from website creation, hosting, online marketing, or related services provided to you via the SITEQUEST DESIGN Equipment or using the SITEQUEST DESIGN SITEQUEST DESIGN LLC Services, and you may not remove any trademark, copyright, or other proprietary marks from the Third Party Content. Your right to use the Third Party Content terminates immediately upon the expiration or earlier termination of this Agreement for any reason or upon termination of SITEQUEST DESIGN’s licenses for the Third Party Content. SITEQUEST DESIGN is not responsible for and cannot be held liability for Third Party Content, and you hereby assume the risk of any liabilities or harm related thereto.

8. YOUR INDEMNIFICATION OF SITEQUEST DESIGN .

8.1 You agree that you shall fully defend and indemnify SITEQUEST DESIGN, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys' fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) of you or your agent(s) to fully comply with all duties, obligations and other provisions set forth in this Agreement, including, but not limited to, your warranties set forth in Section 8 or your violation of a third party's intellectual property rights. You further agree to defend, indemnify and hold harmless SITEQUEST DESIGN, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, loses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys' fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission of you or your agents in connection with the performance of this Agreement. You agree that SITEQUEST DESIGN shall have the right to participate in the defense of any such claim through counsel of its own choosing at your expense.

8.2 SITEQUEST DESIGN may provide the user with access to software, services or applications (“apps”) developed and published by third parties via the “App Market” functionality within SITEQUEST DESIGN products such as the online shop. Allowing the customer to access third party apps is merely a convenience to the customer and in no way constitutes an endorsement, sponsorship or any form of association of SITEQUEST DESIGN with those third parties. Third party developers or publishers are independent parties from SITEQUEST DESIGN, and SITEQUEST DESIGN has no responsibility to intervene in any way in the relationship between the third party and the customer. SITEQUEST DESIGN advises the customer that by using third party apps, the customer is in agreement with the terms and conditions set forth by the third party itself, and that the present agreement does not regulate the relationship between the customer and the third party. SITEQUEST DESIGN advises the customer that, by using any third party apps, private and/or sensitive information the customer shares with SITEQUEST DESIGN may be accessible by the third party providing the app, and that SITEQUEST DESIGN is not responsible for any disclosure, modification or deletion of data which may result from this access. The customer agrees that SITEQUEST DESIGN, its parent companies, subsidiaries and affiliates are in no way responsible for any damage incurred by the use of any third party apps, and thus will not be held liable for any claim or demand that may arise from the use of third party apps in the “App Market” functionality

9. SITEQUEST DESIGN HAS MADE NO REPRESENTATIONS REGARDING SUCCESS, MARKETS OR PROFITABILITY

9.1. You confirm that you have unilaterally decided to enter the self-service business and that these are high risk businesses. You further confirm, understand, acknowledge and expressly agree that neither SITEQUEST DESIGN, any agent or representative of SITEQUEST DESIGN, nor any other person is currently representing or otherwise directly or indirectly communicating in any manner herein or otherwise, nor has at any time in the past, represented to you or has otherwise directly or indirectly communicated in any manner to you any guarantee, reassurance or any other communication of any kind regarding:

9.1.1. the potential profitability, marketability, or likelihood of success of your endeavors through the use of the SITEQUEST DESIGN LLC ervices or SITEQUEST DESIGN’s Equipment as set forth herein or otherwise;

9.1.2. the possibility or likelihood that use of any products and/or services provided by SITEQUEST DESIGN pursuant to this Agreement can or will result in the recoupment of any funds expended by you for any purpose; or

9.1.3. the existence, nonexistence, size or any other characteristics of any market for any products or services which involve your use, in any manner, of the SITEQUEST DESIGN LLC Services or SITEQUEST DESIGN’s Equipment pursuant to this Agreement.

9.2. You expressly acknowledge and agree that the success of any business endeavors which involve your use, in any manner, of the SITEQUEST DESIGN LLC Services and/or SITEQUEST DESIGN’s Equipment pursuant to this Agreement, like any other business endeavor, is subject to numerous factors, such as the effectiveness of its advertising and promotion, your administrative capabilities, etc., and that the ultimate success or failure of your business rests with you and not SITEQUEST DESIGN. You further expressly agree not to raise any claim of any kind against SITEQUEST DESIGN and to hold SITEQUEST DESIGN harmless from any claim of financial investment or other loss to you directly or indirectly resulting from your decision to use the SITEQUEST DESIGN LLC Services and/or SITEQUEST DESIGN’s Equipment pursuant to this Agreement.

10. SERVICES RENDERED ON A NON-EXCLUSIVE BASIS.

Any and all services which are or may be provided to you by SITEQUEST DESIGN pursuant to this Agreement, including the licensure of rights herein, are non-exclusive and nothing in this Agreement shall limit or restrict SITEQUEST DESIGN from providing similar services and granting similar licenses to third parties regardless of whether such third parties are competitors of you. Nothing in this Agreement shall limit or restrict SITEQUEST DESIGN from engaging in any activities similar to yours or in competition with you.

11. NO EDITORIAL CONTROL BY SITEQUEST DESIGN.

In reliance on your express warranties regarding Your Data, SITEQUEST DESIGN shall neither have nor exert any editorial or other subjective control over the substantive content of Your Data. SITEQUEST DESIGN does not engage in any monitoring of Your Data, and exercises no control over information which is found on the internet, except for its own Web Site. SITEQUEST DESIGN cannot be held responsible for the accuracy, correctness, or legality of such information. You are solely responsible for the content of Your Web Site and for verifying the accuracy and suitability of information and services you obtain from third parties via the internet.

12. PRIVACY.

12.1. It is SITEQUEST DESIGN’s policy to respect your privacy. SITEQUEST DESIGN will not monitor, edit, or disclose any personal information about you or your account, including its contents, without your prior consent unless SITEQUEST DESIGN deems it necessary, in its sole discretion, to:

12.1.1. comply with legal process or other legal requirements, including but not limited to responding to civil or criminal subpoenas, search warrants, national security letters, or other requests for information from law enforcement officials;

12.1.2. protect and defend the rights or property of SITEQUEST DESIGN or its officers, agents, affiliates, and licensees;

12.1.3. enforce this Agreement; or

12.1.4. protect the interests of other SITEQUEST DESIGN customers.

12.2. NOTWITHSTANDING THE PROVISIONS OF THIS AGREEMENT TO THE CONTRARY, SITEQUEST DESIGN RESERVES THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW), IN ITS SOLE DISCRETION, TO MONITOR YOUR ACCOUNT, INCLUDING BUT NOT LIMITED TO THE USE OF A USER'S MAIN ACCOUNT AND ANY SUB-ACCOUNTS, FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THIS AGREEMENT OR TO ASSIST WITH CRIMINAL OR CIVIL INVESTIGATIONS.

13. SEVERABILITY.

In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision(s) of this Agreement shall not affect the validity or enforceability of any other provision.

14. NON-ENFORCEMENT DOES NOT CONSTITUTE WAIVER.

Failure of SITEQUEST DESIGN at any time to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder. No waiver of a breach of this Agreement shall be valid unless made in writing and signed by duly authorized representative of SITEQUEST DESIGN.

15. NOTICES.

15.1. SITEQUEST DESIGN may provide notice to you via e-mail sent to the e-mail address provided by you upon registration or as subsequently provided by you to SITEQUEST DESIGN. Such notice is deemed effective whether you receive it or not and shall be deemed written notice for the purposes of this Agreement.

15.2. You may provide notice to SITEQUEST DESIGN in one of the following ways:

15.2.1. by personal delivery;

15.2.2. by e-mail and registered or certified mail.

15.3. Such notice, statement or other document so delivered to SITEQUEST DESIGN, except as this Agreement expressly provides otherwise, shall be conclusively deemed to have been given when first personally delivered, on the date of delivery or on the first date of receipt. Notice by e-mail to SITEQUEST DESIGN shall be deemed ineffective, null and void unless a copy of such notice is also sent by registered or certified mail, and postmarked not more than five days subsequent to the giving of e-mail notice. Any such e-mail notice to SITEQUEST DESIGN shall be deemed effective as of the date on which SITEQUEST DESIGN receives the certified or registered mail notice.

16. FORCE MAJEURE.

16.1. In the event of "force majeure" (as defined below), SITEQUEST DESIGN may terminate this Agreement without liability to you. For purposes of the Agreement, "force majeure" shall mean circumstances or occurrences beyond SITEQUEST DESIGN’s reasonable control, whether or not foreseeable at the time of entering into the Agreement, in consequence of which SITEQUEST DESIGN cannot reasonably be required to perform its obligations hereunder or otherwise perform its obligations under the Agreement. Such circumstances or occurrences include, but are not limited to: acts of God, war, civil war, insurrection, fires, floods, labor disputes, epidemics, governmental regulations and/or similar acts, embargoes, termination or temporary unavailability of any computer hardware or software, server, or network on which the SITEQUEST DESIGN LLC Services are located or maintained or through which the SITEQUEST DESIGN LLC Services are provided, and nonavailability of any permits, licenses and/or authorizations required by governmental authority.

16.2. SITEQUEST DESIGN reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the SITEQUEST DESIGN LLC Services (or any part thereof) with or without notice. You agree that SITEQUEST DESIGN shall not be liable to you or to any third party for any modification, suspension or discontinuance of the SITEQUEST DESIGN LLC Services.

17. NO ASSIGNMENT BY YOU; ASSIGNMENT BY SITEQUEST DESIGN.

This Agreement and the rights pertaining hereto may not be assigned, resold, or otherwise transferred in whole or in part by you without SITEQUEST DESIGN’s prior written consent. In particular, you may not sell accounts or subaccounts to third parties. Notwithstanding the above, this Agreement shall be binding upon your successors and assigns, if any. SITEQUEST DESIGN may assign or license any or all of its rights and/or obligations hereunder in its free, sole, and unfettered discretion.

18. ENTIRE AGREEMENT.

This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral. No officer, employee or representative of SITEQUEST DESIGN or you has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement, and SITEQUEST DESIGN and you hereby acknowledge and agree that neither SITEQUEST DESIGN nor you have executed this Agreement in reliance upon any such representation or promise.

19. MODIFICATION.

19.1. This Agreement may be materially altered by SITEQUEST DESIGN by posting the new version of the Agreement at www.diamondedi.com and if posted in this manner, shall be effective immediately upon posting such notice. In the event that SITEQUEST DESIGN does materially change the terms of this Agreement, you accept and shall be bound by such changed terms unless you opt to terminate the Agreement within thirty days of the posting of notice of such change.

19.2. You may not modify this Agreement, in whole or in part, and any such modification or attempt to modify shall not be enforceable unless reduced to writing and signed by a duly authorized representative of SITEQUEST DESIGN. No additional or conflicting term in any other document used by you will have any legal effect.

20. STATUTE OF LIMITATIONS.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.