The Software Design Group Incorporated Web Site Hosting (the “Service”) is an online information and communications service provided by Software Design Group, Incorporated, (“SDGi”), subject to your compliance with the terms and conditions set forth below. 1. Operating Policies. You agree to comply with the Operating Policies, set forth below and available at http://www.sdgi.com/terms.htm, which are the rules that govern your activity in connection with the Service. SDGi has the right but not the obligation to remove any communications and materials that SDGi believes in its sole discretion violate the Operating Policies. SDGi will remove any communications and materials when informed by court order to do so. 2. Indemnification. You agree to indemnify, defend and hold harmless SDGi, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your Service account 3. Payment Terms. Invoices are due and payable on the first day of each month. Invoices are considered delinquent if remittance is not received by the 5th of each month. SDGi reserves the right, upon failure of the Client to pay any invoice when due, to terminate all Services provided under this Agreement upon (3) three days notice. 4. Miscellaneous. This Agreement shall be governed and construed in accordance with the laws of the State of California applicable to agreements made and to be performed in California. You agree that any legal action or proceeding between SDGi and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. SDGi's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. SDGi may assign its rights and duties under this Agreement to any party at any time without notice to you. OPERATING POLICIES SDGi cannot and does not screen content provided by users of the Service. Notwithstanding the foregoing, SDGi reserves the right to monitor content on the Service and to remove content which SDGi, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these Operating Policies. In order to maintain an informative and valuable service that meets the needs of the users of the Service and avoids the harm that can result from disseminating statements that are false, malicious, violate of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse: (i)You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person without their consent. You may not post any data, image or program which is indecent, obscene or pornographic. (ii)You may not post or transmit any data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion. (iii)You may not use the facilities and capabilities of the Service to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others. Operating Policies and Maintenance Schedules are changed or updated from time to time without notice. Current Operating Policies and Maintenance Schedules are available at http://www.sdgi.com/terms.htm.