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1. General Legal Matters. Use of this Web site is subject to CafeID's Terms of Use.

2. CafeID's Privacy Policy governs CafeID's collection, storage, and use of information gathered through this Web site.

3. CafeID's customers are subject to CafeID's Acceptable Use Policy and CafeID's Terms of Service.

4. Customers purchasing domain name renewal from CafeID are subject to CafeID's Domain Name Registration Terms and Conditions.

5. CafeID's Resellers are subject to CafeID's Reseller Program Description and the Reseller Program Terms and Conditions.

6. Vendors Purchase orders issued by CafeID to vendors incorporate by reference CafeID's Purchase Order Terms and Conditions.

7. Copyright Notice

The contents of this Web site are Copyright © 2002, CafeID, Inc. All rights reserved.

8. Trademark Notices

CafeID, the CafeID logo, and certain other marks in this Web site are the trademarks, trade names, and service marks of CafeID. Any use of such marks without the prior written consent of CafeID is prohibited. Other trademarks and logos are the property of the parties to whom they are attributed.

9. Telephone Monitoring

To ensure CafeID's customers receive quality service, CafeID randomly selects phone calls for monitoring. These calls, between CafeID's customers and employees are evaluated by supervisors. This is to guarantee that prompt, consistent assistance and accurate information is delivered in a professional manner.

Terms of Use

(Last Updated March 2, 2002)

IMPORTANT! THESE TERMS AND CONDITIONS (THESE "TERMS AND CONDITIONS") GOVERN THE USE OF THE CafeID WEB SITE (THE "WEB SITE") BY YOU AND YOUR FAMILY MEMBERS, FRIENDS AND ACQUAINTANCES, EMPLOYEES AND AGENTS, AND ALL OTHER PERSONS WHOM YOU AUTHORIZE OR ENABLE TO USE THE WEB SITE (COLLECTIVELY REFERRED TO AS "YOU"). BY USING THE WEB SITE, YOU AGREE TO ALL OF THE PROVISIONS CONTAINED OR REFERRED TO IN THESE TERMS AND CONDITIONS. CafeID (THE "COMPANY") RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION. YOUR USE OF THE WEB SITE AFTER SUCH CHANGES ARE POSTED TO THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS REGULARLY.

1. Scope. These Terms and Conditions govern Your use of the Web site. These Terms and Conditions, however, do not apply to the Company's other products or services that may be the subject of separate agreements.

2. Permitted Use. You have a nonexclusive, nontransferable, limited, revocable right to use the Web site solely for Your informational use in evaluating the Company and its products and services. You may not use the Web site for any other purpose without the Company's express prior written consent, including, without limitation, any commercial purpose. For example, You may not and may not authorize any other person or entity ("Person") to (i) frame the Web site or any portion thereof (whereby the Web site or a portion thereof will appear on a user's screen with a portion of another Web site, or with content or advertising of any Person without the Company's consent), or (ii) Co-brand the Web site or any portion thereof. "Co-branding" means the display of a name, logo, trademark, or other means of attribution or identification of any Person in such a manner reasonably likely to give a user of the Web site the impression that such the Person is associated or affiliated with the Company, or has the right to display, publish, transmit or distribute the Web site or content accessible within the Web site. In addition, You may not and may not authorize any Person to link to any part of the Web site without the Company's prior written consent. You agree to cooperate with the Company in causing any unauthorized framing, Co-branding, linking or similar activity to immediately cease. You may not take any action that violates our Acceptable Use Policy.

3. Proprietary Information. You acknowledge and agree that as between the Company and You, the Company is the owner of all right, title and interest in the Web site and all content accessible within the Web site (the "Content"), including, without limitation, all trademarks, service marks, trade names, patent rights, copyrights, and other intellectual property or proprietary rights with respect thereto. You will not reproduce, transmit, publish or distribute sublicense or otherwise transfer or make available to others, or edit, modify or create any derivative works of all or any part of the Web site or the Content, without the express written consent of the Company, other than limited printed copies of materials that you may need for Your own use and that contains all of the Company's copyright and other notices.

4. Disclaimer. You will have access to a variety of third-party sources of content through the use of the Web site and the Internet. The Company has made no effort to verify the accuracy or suitability of any information contained in any such sources, including, without limitation, any other Web site that you can link to from the Web site. Accordingly, the Company has no liability or responsibility whatsoever for any content provided by any other Person contained on or obtained through the Web site. You acknowledge and agree that any access, use or reliance on any such third party content is at Your own risk. You understand that, except for information, products or services clearly identified as being supplied by the Company, the Company does not operate, control or endorse any information, products or services of any other Person on the Web site or the Internet in any way. You also understand and agree that the Company does not guarantee or warrant that files available for downloading from the Web site or through the Internet will be free of infection or viruses, worms, Trojan horses or other malicious code that may adversely effect You, Your computer or computer systems, or Your data or files. In addition, You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to the Web site for the reconstruction of any lost data. ACCESS TO AND YOUR USE OF THE WEB SITE AND ANY INFORMATION OR SERVICES CONTAINED THEREIN ARE PROVIDED "AS IS." THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, NATURE OR DESCRIPTION EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO YOUR USE OF THE WEB SITE OR THE CONTENT CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ARISING THROUGH COURSE OF DEALING, USAGE OR TRADE PRACTICES, AND THE COMPANY HEREBY DISCLAIMS THE SAME.

Privacy Policy The Company collects, stores and uses data collected from You in accordance with the Company's Privacy Policy. The Company does not intentionally release data collected from you to third parties, but may use the data to furnish you information about the products offered by the Company.

Limitation on Liability THE COMPANY, ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO YOU OR ANY OTHER PERSON (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY) EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID TO THE COMPANY TO USE THE WEB SITE AS PROVIDED IN THESE TERMS AND CONDITIONS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity You will indemnify and hold the Company, its licensors, content providers, service providers, employees, agents, officers, directors and contractors (the "Indemnified Parties") harmless from Your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures contained on the Web site, including, without limitation, any use of Content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed from the Web site.

Trademarks CafeID is a registered trademark, and the CafeID logo and other CafeID marks appearing on the Web site are either registered or unregistered trademarks of the Company. Other trademarks, service marks and logos appearing in this Web site are the property of either the Company, its content providers or other third parties. The Company, its content providers and such third parties retain all rights with respect to any of their respective trademarks, service marks or logos.

Miscellaneous

Headings The headings of sections of these Terms and Conditions are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any section hereof.

Governing Law and Jurisdiction The validity and effect of these Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the State of South Carolina, without regard to its conflicts of laws principles. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEB SITE, ITS USE, THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF THE COMPANY REGARDING USE OF THE Web site, MUST BE BROUGHT IN A STATE OR FEDERAL COURT LOCATED IN RICHLAND COUNTY, South Carolina, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

Entire Agreement; Amendments These Terms and Conditions, together with the Acceptable Use Policy and the Privacy Policy, supersede any prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and these Terms and Conditions, together with the Acceptable Use Policy and the Privacy Policy, constitute the sole and entire agreement between the parties with respect to the matters covered hereby.

Severability The provisions of these Terms and Conditions may be exercised and are applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms and Conditions illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms and Conditions are held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions thereof shall apply with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Waiver No failure or delay on the part of the Company to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by the Company preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by the Company to any breach of or default in any of these Terms and Conditions shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

Acceptable Use Policy - CafeID, Inc.

Scope

This Acceptable Use Policy (this "Policy") governs the usage of CafeID's products and services (the "Services"). This Policy is incorporated by reference into each contract CafeID enters into with a customer (each, a "Customer") for the use of such Services. CafeID may modify this Policy at any time without notice. In addition, this Policy is incorporated by reference into the Terms and Conditions applicable to CafeID's Web site so that no person who utilizes CafeID's Web site (regardless of whether that person is a Customer) may take any action utilizing CafeID's Web site that a Customer would be prohibited to take utilizing the Services.

Purpose The purpose of this Policy is to enhance the quality of the Services and to protect CafeID's customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to each Customer and its family, friends and acquaintances, employees, agents, contractors or other users of such Customer who obtain Services from CafeID (each such person being a "User"). Each User should use common sense and good judgment in connection with the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet.

Prohibited Uses Users may not:

1. Utilize the Services to send mass unsolicited e-mail to third parties.

2. Utilize the Services in connection with any illegal activity.

Without limiting the general application of this rule, Users may not:

1. Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;

2. Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;

3. Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;

4. Utilize the Services in any manner that violates applicable law;

5. Utilize the Services in connection with any tortuous or actionable activity. Without limiting the general application of this rule, Users may not:

a. Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person's consent or (C) otherwise violates the privacy rights of any person;

b. Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.

6. Utilize the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not:

a. Utilize the Services to cause denial of service attacks against CafeID or other network hosts or Internet users or to otherwise degrade or impair the operation of CafeID's servers and facilities or the servers and facilities of other network hosts or Internet users;

b. Post messages or software programs that consume excessive CPU time or storage space;

c. Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or auto responders other than for the User's own account;

d. Utilize the Services to resell access to CGI scripts installed on CafeID's servers;

e. Utilize the Services to subvert, or assist others in subverting, the security or integrity of any CafeID systems, facilities or equipment;

f. Utilize the Services to gain unauthorized access to the computer networks of CafeID or any other person;

g. Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;

h. Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous re-mailers or Internet nicknames);

i. Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services;

j. Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator);

k. Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;

l. Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam;

m. Utilize the Services in any manner that might subject CafeID to unfavorable regulatory action, subject CafeID to any liability for any reason, or adversely affect CafeID's public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by CafeID in its sole discretion; or

n. Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.

Violations

Disclaimer CafeID expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. CafeID has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site.

Reporting Non-Copyright Violations CafeID encourages Users to report violations of this policy by e-mail to: [email protected], including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.

Reporting Copyright Violations CafeID complies with the Digital Millennium Copyright Act ("DMCA"). CafeID encourages Users to report an alleged copyright infringement involving a user by sending a notice that complies with the DMCA to: DCMA Notice, Bagnell & Eason, LLC, PO Box11852, Columbia, SC 29211.

Remedies If CafeID learns of a violation of this Policy, CafeID will respond to the applicable Customer and may, in CafeID's sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:
Warning the Customer;

Suspending the offending Customer from the Services;

Terminating the offending Customer from the Services;

Imposing fees or charges on the offending Customer account in accordance with the applicable service contract;

Removing the offending content; and

Taking other action in accordance with this Policy, the applicable service contract or applicable law.

Reservation of Rights CafeID reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving CafeID's Services, Customers and other Users. CafeID reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations.

Terms of Service

Order, Acceptance and Service

When Accepted by CafeID, the Order submitted by Customer creates a contract between Customer and CafeID, consisting of the Order, the applicable Service Description and these Terms of Service. An Order is "Accepted" by CafeID when (i) with respect to Orders submitted online, CafeID provisions Services in response to the Order or bills Customer for payment and (ii) with respect to Orders reduced to writing and signed on an approved CafeID form, when an authorized representative of CafeID executes and delivers such form signed by Customer.

CafeID will provide, and Customer will purchase and pay for, the Services specified in the Order for the service fees specified in the Order and the applicable Service Description (the "Service Fees"). If the Customer elects to pay by credit card or other electronic means and chooses to receive continuing monthly services, by entering into this contract the Customer authorizes CafeID to submit continuing monthly requests or payment orders from such electronic payment sources until such time the Customer explicitly cancels such authorization. If such authorization is canceled, CafeID may treat the contract terminated unless the Customer arranges for an alternative means of payment.

In connection with any Hosting Services and related services, if the operating system for any server hosting the Customer Web site is a Microsoft software product or if Customer otherwise uses any Microsoft software products made available or distributed by CafeID in connection with the Services, Customer agrees to comply with the terms and conditions set forth in Addendum A.

In connection with any Hosting Services, Customer will not use storage space in excess of the storage limits established for the Services in the Service Descriptions, plus any storage space purchased by Customer. If Customer uses storage space in excess of such amounts, CafeID may, without limiting its other rights or remedies, assess Customer with additional fees.

In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds the limit in the Service Description, Customer will pay CafeID such additional fees as may be specified in the Service Description.

Fees, Taxes and Payment Customer will pay to CafeID the Service Fees in the manner set forth in the Order. CafeID may increase the Service Fees (i) in the manner permitted in the Service Description and (ii) at any time on or after expiration of the Initial Term by providing ten (10) days prior written notice thereof to Customer. The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on CafeID's net income). All such taxes will be added to CafeID's invoices for the Service Fees as separate charges to be paid by Customer. All fees are fully earned when due and non-refundable when paid. Unless otherwise specified, invoices for the Service Fees and related charges shall be due and payable within 30 days after the date of the invoice. Any amounts payable to CafeID not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less. If CafeID collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, Customer will pay all costs of collection, including, without limitation, all court costs and reasonable attorneys' fees. If any check is returned for insufficient funds, CafeID may impose a processing charge of $25.

Term and Termination
Hosting Services will commence on the Effective Date indicated in the Order and continue for the duration of the Initial Term. Thereafter, the Order will automatically renew for successive periods (i) of twelve months (with respect to Non-Prepaid Plans) or (ii) as specified in the Service Description (with respect to Prepaid Plans) unless the Order is earlier terminated in accordance with its terms, or either party gives written notice to the other party of non-renewal at least 30 days prior to expiration of the then-current term.

Either party may terminate this Agreement immediately upon the occurrence of any one or more of the following events: (i) the other party fails to pay when due any amounts required to be paid under this Agreement; (ii) the other party breaches any material term or provision of this Agreement (other than a breach described above), and if capable of cure, such breach remains uncured 30 days after the non-breaching party gives written notice thereof to the breaching party; or (iii) the other party becomes insolvent, makes an assignment for the benefit of its creditors, institutes or becomes subject to any proceeding under any bankruptcy or similar laws for the relief of debtors, or seeks the appointment of, or becomes subject to the appoint of, any trustee or receiver for all or any portion of such party's assets.

CafeID may terminate this Agreement (i) if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable or (ii) immediately by giving written notice to Customer, if CafeID determines in good faith that Customer's use of the Customer Web site or the Customer Content violates the Acceptable Use Policy.

Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. The provisions of this Agreement shall survive the expiration or termination of this Agreement for any cause or reason whatsoever to the extent necessary to give them their intended effect and, notwithstanding the expiration or termination of this Agreement, the parties shall each remain liable to the other for any indebtedness or other liability theretofore arising under this Agreement. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which CafeID may be entitled.

With respect to Non-Prepaid Plans, within 30 days after the termination of this Agreement, Customer will pay the Termination Charge to CafeID. With respect to Prepaid Plans, Customer will pay the Termination Charge as provided in the Service Description. The parties agree that the Termination Charge constitutes consideration for CafeID's time, effort and expense in preparing and reserving the capacity to perform its obligations hereunder and obtaining a domain registration for Customer, as actual damages are difficult to ascertain. If Customer terminates the Order for cause CafeID shall return to Customer, and Customer shall accept, as Customer's sole and exclusive remedy for CafeID's breach of the Order, any Service Fees paid in advance by Customer hereunder attributable to Services not yet rendered as of the date of termination.

Customer's Representations and Warranties

Customer hereby represents and warrants to CafeID, and agrees that during the Term Customer will ensure that: Customer is the owner or valid licensee of the Customer Content and each element thereof, and Customer has secured all necessary licenses, consents, permissions, waivers and releases for the use of the Customer Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by CafeID to pay any fees, residuals, guild payments or other compensation of any kind to any Person; Customer's use, publication and display of the Customer Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any Person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any Person, including, without limitation, any contractual, statutory or common law right or any "moral right" or similar right however denominated; Customer will comply with all applicable laws, rules and regulations regarding the Customer Content and the Customer Web site and will use the Customer Web site only for lawful purposes; and Customer has used its best efforts to ensure that the Customer Content is and will at all times remain free of all computer viruses, worms, trojan horses and other malicious code.

License to CafeID. Customer hereby grants to CafeID a non-exclusive, royalty-free, worldwide right and license during the Term to do the following to the extent necessary in the performance of Services under the Order: digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the Customer Content; and make archival or back-up copies of the Customer Content and the Customer Web site). Except for the rights expressly granted above, CafeID is not acquiring any right, title or interest in or to the Customer Content, all of which shall remain solely with Customer.

CafeID's Acceptable Use Policy

Customer will abide by, and utilize the Services and the Customer Web site only in accordance with, the Acceptable Use Policy (the "Acceptable Use Policy") that CafeID posts on its Web site, as such Acceptable Use Policy may be changed by CafeID from time to time. The Acceptable Use Policy is hereby incorporated herein and made a part hereof by this reference. Customer shall impose the Acceptable Use Policy on its customers and End Users to the extent necessary to ensure their compliance. Customer shall familiarize itself with the Acceptable Use Policy and periodically access CafeID's Web site to determine if CafeID has made any changes thereto.

Customer's Responsibilities

Customer is solely responsible for the quality, performance and all other aspects of the Customer Content and the goods or services provided through the Customer Web site.

Customer will cooperate fully with CafeID in connection with CafeID's performance of the Services. Customer must provide any equipment or software that may be necessary for Customer to use the Services. Delays in Customer's performance of its obligations under this Agreement will extend the time for CafeID's performance of its obligations that depend on Customer's performance on a day for day basis. Customer will notify CafeID of any change in Customer's mailing address, telephone, e-mail or other contact information.

Customer assumes full responsibility for providing End Users with any required disclosure or explanation of the various features of the Customer Web site and any goods or services described therein, as well as any rules, terms or conditions of use.

Customer will provide CafeID with a registered domain name for the Customer Web site, or, upon Customer's request and subject to the terms and conditions set forth below, CafeID will register an Internet domain name on behalf of Customer with a registrar approved by ICANN. CafeID's registration of any domain name is subject to (i) CafeID receiving from Customer all information needed from Customer in order to complete such registration, and (ii) such domain name not being in violation of any applicable law, rule or regulation or the policies of the applicable registration service. Registration of a domain name is subject to availability of such domain name for registration, and CafeID will not be responsible if a domain name is not available for any reason. CafeID will also not be responsible for any infringement of third-party rights caused by its registration of a domain name for Customer. Customer waives any claims it may have against CafeID for, and hereby releases CafeID of and from, any loss, damage, liability or expense arising out of, or relating to, the registration of such domain name in any online or offline network directories, membership lists or registration lists, or the release of the domain name from such directories or lists following the termination of services by CafeID for any reason. Customer will reimburse CafeID for all costs and expenses incurred by CafeID in registering or maintaining a domain name for Customer, including, without limitation, all fees charged by the applicable registrar. Customer acknowledges that its rights to any domain name registered by CafeID are not being granted by CafeID but are subject to the rules and regulations of the applicable registrar and applicable law. Customer agrees to be bound by the terms and policies of the applicable registrar and the policies of the national DNS registration authorities to which Customer becomes subject upon registration of the domain name. Customer's inability to use a domain name shall not entitle Customer to a refund by CafeID of any fees paid with respect to the registration of such unusable domain name. The domain name for the Customer Web site shall be the property of CafeID.

Because the Hosting Services permit Customer to electronically transmit or upload content directly to the Customer Web site, Customer shall be fully responsible for uploading all content to the Customer Web site and supplementing, modifying and updating the Customer Web site. Customer is also responsible for ensuring that the Customer Content and all aspects of the Customer Web site are compatible with the hardware and software used by CafeID to provide the Hosting Services, as the same may be changed by CafeID from time to time. Specifications for the hardware and software used by CafeID to provide the Hosting Services will be available on CafeID's Web site. Customer shall periodically access CafeID's Web site to determine if CafeID has made any changes thereto. CafeID shall not be responsible for any damages to the Customer Content, the Customer Web site or other damages or any malfunctions or service interruptions caused by any failure of the Customer Content or any aspect of the Customer Web site to be compatible with the hardware and software used by CafeID to provide the Hosting Services.

Unless the applicable Service Description provides otherwise, Customer is solely responsible for making back-up copies of the Customer Web site and Customer Content.

CafeID Intellectual Property

CafeID hereby grants to Customer a non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of this Agreement, to use applicable CafeID Technology solely for the purpose of accessing and using the Services. Customer may not use the CafeID Technology for any purpose other than accessing and using the Services. Except for the rights expressly granted above, this Agreement does not transfer from CafeID to Customer any CafeID Technology, and all rights, titles and interests in and to the CafeID Technology shall remain solely with CafeID. Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the CafeID Technology.

CafeID's trademarks, trade names, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of CafeID. Customer may not use any of the foregoing in any advertising, publicity or in any other commercial manner without the prior written consent of CafeID. CafeID shall maintain and control ownership of all Internet protocol numbers and addresses that may be assigned by CafeID to Customer. CafeID may, in its sole discretion, change or remove any and all such Internet protocol numbers and addresses.

Any feedback, data, answers, questions, comments, suggestions, ideas or the like which Customer sends to CafeID relating to the Services will be treated as being non-confidential and non-proprietary. CafeID may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.

Limited Warranty

CafeID represents and warrants to Customer that the Services will be performed (i) in a manner consistent with industry standards reasonably applicable to the performance thereof; (ii) at least at the same level of service as provided by CafeID generally to its other customers for the same services; and (iii) in compliance in all material respects with the applicable Service Descriptions. Customer will be deemed to have accepted such Services unless Customer notifies CafeID within 30 days after performance of any Services of any breach of the foregoing warranties. Customer's sole and exclusive remedy, and CafeID's sole obligation, for breach of the foregoing warranties shall be for CafeID, at its option, to re-perform the defective Services at no cost to Customer, or, in the event of interruptions to the Services caused by a breach of the foregoing warranties, issue Customer a credit in an amount equal to the current monthly Service Fees pro rated by the number of hours in which the Services have been interrupted.

The foregoing warranties shall not apply to performance issues or defects in the Services (i) caused by factors outside of CafeID's reasonable control; (ii) that resulted from any actions or inactions of Customer or any third parties; or (iii) that resulted from Customer's equipment or any third-party equipment not within the sole control of CafeID.

EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, CafeID MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND CafeID HEREBY EXPRESSLY DISCLAIMS THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY SOFTWARE PROVIDED TO CUSTOMER HEREUNDER IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. CafeID DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.

Limitation of Liability

IN NO EVENT WILL CafeID'S LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE SERVICE FEES PAID TO CafeID BY CUSTOMER DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

CafeID CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. CafeID WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.

EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR (EXCEPT AS PROVIDED SPECIFICALLY ELSEWHERE) FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.

The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other legal theory (including strict liability), other than claims based on fraud or willful misconduct. The limitations contained in this Section shall not apply to liability arising on account of a party's breach or to Customer's indemnification obligations.

Indemnification of CafeID Customer shall defend, indemnify and hold harmless CafeID, its affiliates and their respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, successors and assigns (collectively the "CafeID Indemnities"), from and against any and all losses, damages, costs, liabilities and expenses (including, without limitation, amounts paid in settlement and reasonable attorneys' fees) which any of the CafeID Indemnities may suffer, incur or sustain resulting from or arising out of (i) Customer's breach of any representation, warranty, or covenant contained in the Agreement, (ii) the Customer Content, the Customer Web site or any End User's use of the Customer Content or the Customer Web site, (iii) violation by Customer or any of its officers, directors, employees or agents of the Acceptable Use Policy or any applicable law, (iv) claims or actions of third parties alleging misappropriation of trade secrets or infringement of patents, copyrights, trademarks or other intellectual property rights arising from the use, display or publication of Customer's domain names, the Customer Web site, the Customer Content, or the use of the Services in combination with hardware, software or content not provided by CafeID, (v) claims or actions by third parties relating to or arising out of Customer's use of the Services, and (vi) any failure of the Customer Content or any aspect of the Customer Web site to be compatible with the hardware or software used by CafeID to provide the Services, including any damage to CafeID's servers or other hardware caused thereby.

Indemnification of Customer Except as specifically provided otherwise, CafeID shall, at its own expense, indemnify, defend and hold Customer harmless from any claim or suit alleging that the Services infringe any United States patent, copyright or trademark existing on the Effective Date, or that CafeID has knowingly misappropriated any trade secret or other intellectual property right of any other Person, including any losses, damages or expenses arising from any such claim or suit. Customer agrees to cooperate with and assist CafeID in the defense or settlement of any such claim or suit. Customer shall be reimbursed for all reasonable out-of-pocket expenses incurred in providing any cooperation or assistance requested by CafeID, but CafeID will not be liable for any costs or expenses incurred without its prior written authorization.

Promptly after receipt by Customer of a threat of any claim or suit, or a notice of the commencement or filing of any claim or suit, against which Customer may be indemnified hereunder, Customer shall give written notice thereof to CafeID, provided that failure to give or delay in giving such notice to CafeID shall not relieve CafeID of any liability it may have to Customer hereunder, except to the extent that the defense of such claim or suit is prejudiced thereby. CafeID shall have sole control of the defense, and of all negotiations for settlement, of such claim or suit. Subject to the foregoing, Customer may participate in the defense of any such claim or suit at Customer's own expense.

If an injunction, decree or judgment is, or CafeID believes in its sole discretion is likely to be, entered providing that Customer may not use the Services as contemplated in this Agreement without violating the intellectual property rights of a third party, CafeID may, at its sole option and expense, either (i) procure for Customer the right to use the Services or affected part thereof as provided in this Agreement; (ii) replace the Services or affected part thereof with other non-infringing services or modify the Services or affected part thereof so as to be non-infringing; or (iii) terminate this Agreement upon written notice to Customer.

Notwithstanding other provisions hereof, CafeID assumes no liability for infringement claims arising from (i) use of the Services with third-party products or services where the third-party products or services cause the infringement, (ii) any modification of the Services not authorized by CafeID in writing, (iii) the Customer Content, the Customer Web site or any content, data or information provided or supplied by an End User, or (iv) Customer's use of any third-party software provided hereunder. THE FOREGOING DEFENSE AND INDEMNIFICATION PROVISIONS STATE THE ENTIRE LIABILITY AND OBLIGATION OF CafeID, AND THE EXCLUSIVE REMEDY OF CUSTOMER, WITH RESPECT TO ANY ACTUAL OR ALLEGED INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT BY THE SERVICES PROVIDED HEREUNDER.

Confidentiality; Non-Solicitation.

Each party will not, without the prior written consent of the other party, use or disclose to any Person any Proprietary Information of the other party disclosed or made available to it, except for use of such Proprietary Information as required in connection with the performance of its obligations or use of the Services hereunder. Subject to specific provisions to the contrary, each party will (i) treat the Proprietary Information of the other party as secret and confidential, (ii) limit access to the Proprietary Information of the party to those of its employees who require it in order to effectuate the purposes of this Agreement, and (iii) not disclose the Proprietary Information of the other party to any other Person without the prior written consent of the other party.

Notwithstanding other provisions hereof, the following shall not be considered Proprietary Information: (i) any information that the receiving party can demonstrate by written documentation was within its legitimate possession prior to the time of disclosure by the disclosing party; (ii) any information that was in the public domain prior to disclosure by the disclosing party as evidenced by documents that were published prior to such disclosure; (iii) any information that, after disclosure by the disclosing party, comes into the public domain through no fault of the receiving party, (iv) any information that is disclosed to the receiving party without restriction by a third party who has legitimate possession thereof and the legal right to make such disclosure; or (v) any information that, two years after expiration or termination of this Agreement, does not constitute a trade secret under applicable law.

Each party acknowledges that disclosure of any aspect of the Proprietary Information of the other party shall immediately give rise to continuing irreparable injury to the other party inadequately compensable in damages at law, and, without prejudice to any other remedy available to the other party, shall entitle the other party to injunctive or other equitable relief. Upon expiration or termination of this Agreement for any reason, each party shall promptly return to the other party all Proprietary Information of the other party (including all copies thereof) in its possession or control.

During the term of this Agreement and for two years following expiration or termination of this Agreement, Customer will not, directly or indirectly, solicit or recruit the services of any employee of CafeID performing services under this Agreement, while such employee is employed by CafeID and for a period of six months after such employee has left the employment of CafeID.

Optional Services. In connection with any Optional Services:

Customer must provide CafeID with any information, login identifications, passwords or other information or access to facilities that CafeID may reasonably require to provide the Optional Services CafeID will have no responsibility for any delays or increased costs or expenses associated with Customer's failure to provide any of such information. If Customer does not provide any such information or access requested by CafeID within thirty (30) days of CafeID's request therefor, CafeID may terminate the Order and retain any Service Fees paid.

If Customer requested that CafeID perform the Optional Services by a particular deadline or that CafeID achieve some particular result or outcome, CafeID will use commercially reasonable best efforts to perform the Services by any such deadline and achieve the result requested by Customer; provided, however, that (i) CafeID's ability to perform the Services is subject to Customer's provision of information and access as provided above and (ii) CafeID has no liability or obligation to complete the Services by any deadline or achieve any particular outcome of result.

If Customer wishes to convey documents or files to CafeID, Customer should deliver to CafeID a copy or duplicate of such documents or files and not the original copy. CafeID will not return to Customer any documents or files conveyed to CafeID.

Miscellaneous

Independent Contractor. CafeID and Customer are independent contractors and nothing contained in this Agreement places CafeID and Customer in the relationship of principal and agent, master and servant, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

Governing Law; Jurisdiction. The validity and effect of this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of South Carolina, without regard to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. ANY SUIT, ACTION OR PROCEEDING CONCERNING THIS AGREEMENT MUST BE BROUGHT IN A SOUTH CAROLINA STATE OR FEDERAL COURT LOCATED IN RICHLAND COUNTY, SOUTH CAROLINA, AND EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

Headings The headings herein are for convenience only and are not part of this Agreement.

Entire Agreement; Amendments This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of Customer or CafeID, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorized representative of Customer and CafeID. This Agreement may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that these Terms of Service may be modified from time to time by CafeID in its sole discretion, which modifications will be effective upon posting to CafeID's Web site.

Severability. All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Notices. All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service, upon receipt if delivered by facsimile the receipt of which is confirmed by the recipient, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties' signatures. Either party may change its address or facsimile number for purposes of this Agreement by notice in writing to the other party as provided herein. Shared Customers may give, and be given, notice by electronic means in certain circumstances as provided in the Service Description.

Waiver No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

Assignment; Successors Customer may not assign or transfer this Agreement, or any of its rights or obligations hereunder, without the prior written consent of CafeID. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. CafeID may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of Customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Limitation of Actions No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than two years after the cause of action has arisen.

Counterparts If this Agreement is signed manually, it may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If this Agreement is signed electronically, CafeID's records of such execution shall be presumed accurate unless proven otherwise.

Force Majeure Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

No Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights, legal or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Customer acknowledges and agrees that Microsoft, and any supplier of third-party supplier that is identified as a third-party beneficiary in the Service Description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against Customer as if it were a party to this Agreement. Without limiting the foregoing, MSLI, GP, a wholly-owned subsidiary of Microsoft Corporation, is an intended third-party beneficiary of the terms and conditions set forth in Addendum A with the right to enforce those provisions as provided in the preceding sentence.

Government Regulations Customer may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction Customer operates or does business.

Marketing Customer agrees that during the term of this Agreement CafeID may publicly refer to Customer, orally and in writing, as a customer of CafeID. Any other public reference to Customer by CafeID requires the written consent of Customer.

Telephone Monitoring To ensure CafeID's customers receive quality service, CafeID randomly selects phone calls for monitoring. These calls, between CafeID's customers and employees, are evaluated by supervisors. This is to guarantee that prompt, consistent assistance and accurate information is delivered in a professional manner.

Definitions

For purposes of this Agreement, the following terms have the meanings specified below:

"Agreement" means each contract created between CafeID and Customer for the provision of Services consisting of an Order, the applicable Service Description and these Terms of Service.

"Customer Content" means all data, graphics, text, names, marks, logos, hypertext links to other Web sites and other information incorporated in, transmitted through or published or displayed on the Customer Web site.

"Customer Web site" means Customer's site on the World Wide Web portion of the Internet that CafeID hosts under this Agreement.

"End User" means any Person who accesses or uses the Customer Web site via the Internet.

"CafeID Technology" means CafeID's proprietary technology, including, without limitation, CafeID services, software tools, hardware designs, algorithms, software (in source code and object code forms), user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), network designs, know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by CafeID or licensed to CafeID from a third party), and also including any derivatives, improvements, enhancements, updates, modifications or extensions of CafeID Technology conceived, reduced to practice or developed during the term of this Agreement by either party.

"Person" means any individual, partnership, joint venture, corporation, limited liability company, trust, unincorporated association or organization, or government or any agency or political subdivision thereof.

"Proprietary Information" means all technical, business and other information of a party (i) that is not generally known to the public, (ii) that derives value, economic or otherwise, from not being generally known to the public or to other Persons who can obtain value from its disclosure or use, and (iii) which information is subject to efforts that are reasonable under the circumstances to maintain the secrecy thereof.

"Order" means the Order submitted by the Customer to CafeID for Services, whether such Order is submitted online through CafeID's Web site or on a written Order form.

"Prepaid Plan" means Hosting Service provided by CafeID to Customer where the Order provides that the Customer must pay for the Hosting Service in advance for the Initial Term. "Non-Prepaid Plan" means any Hosting Service provided by CafeID to Customer that is not a Prepaid Plan.

"Termination Charge" means, with respect to Non-Prepaid Customers only, as of any date of calculation, an amount equal to one hundred percent (100%) of the fees that would become due over the balance of the then-current Term.

"Terms of Service" means these Terms of Service, as the same may be modified, altered or amended from time to time by CafeID.

"Service" means either Hosting Service or Optional Service. "Hosting Service" means the Service provided by CafeID in response to an Order whereby CafeID provides the Customer with specified connectivity, storage space and bandwidth for the hosting of a Customer Web site as more particularly described in the applicable Service Description. "Optional Service" means any additional Service (other than Hosting Service) CafeID may provide in response to an Order, as more particularly described in the applicable Service Description.

"Service Description" means the applicable documents made available by CafeID to Customer to describe the applicable Services at the time the Order is accepted by CafeID.

"Term" means the duration of any Agreement between CafeID and Customer. With respect to Hosting Services, the "Initial Term" is the initial term specified in the Order and the "Renewal Term" is the period of time beginning on the expiration of the Initial Term and ending on the termination of expiration of the Order in accordance with its terms. With respect to Optional Services, the "Term" begins when CafeID accepts the Order and ends on the first to occur of (i) CafeID's completion of performance, or (ii) the earlier termination of the Order in any manner permitted by these Terms of Service.

ADDENDUM A

USE OF MICROSOFT SOFTWARE PRODUCTS

This document ("License") concerns your use of certain Microsoft software products provided to you as a service by CafeID, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (collectively "Software Products").

CafeID does not own the Software Products and the use thereof is subject to certain rights and limitations of which you need to be informed. Your right to use the Software Products as a service is pursuant to your agreement with CafeID and is subject to your understanding of and compliance with the following terms.

DEFINITIONS "Client Software" means software that allows a Device to access or utilize the services or functionality provided by the Server Software. "Device" means each of a computer, workstation, terminal, handheld PC, pager, telephone, "smart phone," or other electronic device. "Server Software" means software that provides services or functionality on a computer acting as a server. "Other Software" means the software described in Paragraph 14 ("Other Rights and Limitations") below.

OWNERSHIP OF SOFTWARE PRODUCTS The Software Products are licensed to CafeID from MSLI, GP ("Microsoft"), a Nevada general partnership and a wholly-owned subsidiary of Microsoft Corporation. All title and intellectual property rights in and to the Software Products (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the Software Products) are owned by Microsoft or its suppliers. All title and intellectual property rights in and to the content that may be accessed through use of the Software Products are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. Nothing herein grants you any rights to use such content.

USE OF SOFTWARE PRODUCTS You may only use the Software Products in accordance with the instructions, and in connection with the application services, provided to you by CafeID. You are only authorized to remotely access the functionality of the Software Products except for certain Client Software and Other Software that may be installed on your Devices as expressly authorized by CafeID. Other than such Client Software and Other Software, you may not install any other components of the Software Products on your Devices. Microsoft may add new Software Products or reasonably modify the use rights with respect to existing Software Products. You will be provided notice of such changes by email or by posting of the changes on CafeID's Web site. Your use of any new Software Products will be subject to the terms and conditions of this License. Your use of an existing Software Product whose use rights are modified after CafeID has provided notice of the modifications constitutes your acceptance of such modifications.

COPIES You may not make any copies of the Software Products; provided, however, that you may install one (1) copy of certain client Software on your Device as expressly authorized by CafeID; and you may install copies of certain Other Software as described in Paragraph 14 (Other Rights and Limitations) below. You must erase or destroy such Client Software and/or the Other Software upon termination of your agreement with CafeID, upon notice from CafeID or upon transfer of your Device to another person or entity, whichever first occurs. You may not copy the printed materials accompanying the Software Products.

LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY You may not reverse-engineer, decompile, or disassemble the Software Products, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

RENTAL You may not rent, lease, or lend or directly or indirectly transfer the Software Products to any third party.

TERMINATION Without prejudice to any other rights, CafeID may terminate your rights to use the Software Products if you fail to comply with these licensing terms. In addition, your rights to use the Software Products will automatically terminate upon the termination for any reason whatsoever of the agreement under which the Software Products are licensed to CafeID from Microsoft (the "License Agreement"). Upon expiration of the License Agreement, your rights to use the Software Products will terminate on the earlier of (i) the expiration or termination of your agreement with CafeID or (ii) three years from the date of expiration of the License Agreement. Your rights to use any Software Product may be terminated if Microsoft ceases licensing the Software Product to CafeID due to an intellectual property infringement claim or in accordance with a court or other governmental order. In any such event of termination, you must cease using and destroy all copies of the Software Products and all of the component parts thereof.

NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT. YOUR AGREEMENT IS WITH CafeID AND ANY WARRANTIES, ASSUMPTION OF LIABIILITY FOR DAMAGES AND REMEDIES, IF ANY, ARE PROVIDED BY CafeID AND NOT BY MICROSOFT.

PRODUCT SUPPORT Product support for the Software Products, if any, is provided to you by CafeID and is not provided by Microsoft or its affiliates or subsidiaries.

NOT FAULT-TOLERANT THE SOFTWARE PRODUCTS MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE SOFTWARE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

EXPORT RESTRICTIONS You acknowledge that the Software Products are of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Software Products, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.Microsoft.com/exporting/.

NOTE ON JAVA SUPPORT The Software Products may contain support for programs written in Java. Java technology is not fault-tolerant and is not designed, manufactured, or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Java technology could lead directly to death, personal injury, or severe physical or environmental damage. Sun Microsystems, Inc. has contractually obligated Microsoft to make this disclaimer.

U.S. GOVERNMENT RIGHTS All Software Products provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All Software Product 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 FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.

Domain Name Registration Terms and Conditions

Domain Name Services

This document describes the rights and obligations of CafeID and the Customer in connection with CafeID's renewal of domain names owned by the Customer.

Domain Name Registration Upon Customer's request and subject to the terms and conditions set forth below, CafeID will register an Internet domain name on behalf of Customer with a registrar approved by ICANN.

Customer Responsibilities CafeID's registration of any domain name is subject to (i) CafeID receiving from Customer all information needed from Customer in order to complete such registration, and (ii) such domain name not being in violation of any applicable law, rule or regulation or the policies of the applicable registration service. Registration of a domain name is subject to availability of such domain name for registration, and CafeID will not be responsible if a domain name is not available for any reason. CafeID will also not be responsible for any infringement of third-party rights caused by its registration of a domain name for Customer. Customer waives any claims it may have against CafeID for, and hereby releases CafeID of and from, any loss, damage, liability or expense arising out of, or relating to, the registration of such domain name in any online or offline network directories, membership lists or registration lists, or the release of the domain name from such directories or lists following the termination of services by CafeID for any reason.

ICANN and Other Authority Customer acknowledges that its rights to any domain name registered by CafeID are not being granted by CafeID but are subject to the rules and regulations of ICANN, the applicable registrar and applicable law. Customer agrees to be bound by the terms of the applicable registrar's then-current domain name policies and the policies of the national DNS registration authorities to which Customer becomes subject upon registration of the domain name. Customer's inability to use a domain name shall not entitle Customer to a refund by CafeID of any fees paid with respect to the registration of such unusable domain name. The domain name for the Customer Web site shall be the property of CafeID.

Domain Name Renewals If Customer requests CafeID to renew for multiple years a prior registration of Customer for a domain name, Customer represents and warranties that all information it provides to CafeID in connection with such request will be true and correct. CafeID's sole responsibility in connection with any such request will be to process the renewal using the renewal mechanism provided by the Registrar. CafeID will have no responsibility or liability for any loss, interruption in service, service error or loss of data caused by the Registrar. If Customer requests CafeID to renew a prior registration of Customer for a domain name with a different Registrar than held the prior registration, Customer agrees that it will designate CafeID as the billing contact and be subject to all of the terms and conditions of such different Registrar.

Applicable Registrar

CafeID will process any domain name registrations or domain name renewals through its preferred registrar. CafeID's preferred registrar is Dotster and Dotster's registration terms and conditions are available for review at http://www.dotster.com/Register/Agreement/.