WHEREAS, Stingray, Inc. is an information provider connected to the Internet. Stingray, Inc. offers storage and transfer services over the Internet through access to its Web Server;

WHEREAS, Client seeks to utilize Stingray, Inc. server for its own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Stingray, Inc. can make no guarantee that any given reader shall be able to access Stingray, Inc. server at any given time. Stingray, Inc. represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

I. Financial Arrangements

Setup fees, domain name fees and first and last month's hosting payment shall be due upon receipt of the order.

Client is responsible for all activities and charges resulting from use of your principal account on with Stingray, Inc.

Client agrees to pay Stingray, Inc. monthly charges for Stingray, Inc.'s services, along with any connect time charges, surcharges, applicable taxes and other charges incurred by you or other users of your account via valid credit or other agreed upon method of payment.

Client may find information regarding current rates for using Stingray, Inc. service by calling (410) 579-1300, or by viewing Stingray's home page at http://www.stingrayinternet.com under the section designating the service you have chosen.

Payment By Credit Card: Client agrees that Stingray, Inc. may pre-charge Client's monthly service fee to the credit card supplied by Client during registration.

Payment By Check: Monthly service fees are due on the first of every month. Fee for returned personal or company check is $25.00.

Payment of invoices must be received at the office of Stingray, Inc., 308 E. 25th Street, Baltimore, MD 21218 USA, by 5pm EST on the first of each month.

Service fees are due on the first of every month. Payment of invoices must be received at the office of Stingray by 5pm EST on the due date or client agrees to pay a $15.00 late payment charge. If payment has not been received by 5pm on the tenth (10) day after the invoice due date, the account will be frozen (made inaccessible to the outside public) and you will be denied access via FTP, Web, E-mail or by any other means to the account until payment has been resolved. If Customer fails to make payment within 30 days of invoice date, Customer shall be permanently removed from Stingray web servers without notice. All overdue accounts shall incur a 1.5% per month or 18% annual interest charge until balance is paid in full.

This agreement will automatically renew monthly unless canceled in writing 30 days prior to the quarterly or yearly renewal date.

II. Taxes

Stingray, Inc. shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or Stingray, Inc.'s server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

III. Material and Products

Stingray, Inc. will exercise no control whatsoever over the content of the information passing through the network. Stingray, Inc. makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Stingray, Inc. also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of Stingray, Inc. is at the Client's own risk, and Stingray, Inc. specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Stingray, Inc. expressly limits its damages to the Client for any non-accessibility time or other down time to the pro rata monthly charge during the system unavailability. Stingray, Inc. specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

Use of any information obtained via this service is at The Client's own risk.

The Client assumes full responsibility for use of this account by others to whom The Client has granted access.

IV. Hardware, Equipment & Software

The Client is responsible for all charges and must provide all telephone, computer, hardware and software equipment and services necessary to access Stingray, Inc.. Stingray, Inc. makes no representations, warranties or assurances that the Client's equipment will be compatible with the Stingray, Inc.'s service.

V. Age

The Client must be 18 years of age or older. If The Client is under 18 years of age, then a parent or legal guardian must sign this form. The Parent or legal guardian assumes responsibility for this account.

VI.Disk Storage:

Your storage space and bandwidth utilization on the Stingray, Inc. Service must remain within the Storage Space and Bandwidth Allocations associated with the access plan you have selected. For personal dial-up accounts, Stingray, Inc. will provide 2 megabytes of electronic mail storage. You are responsible for ensuring that stored electronic mail will not exceed this limit. For Stingray, Inc. and similar accounts, these allocations are set forth in the account plan selected during registration. Additional storage space and bandwidth may be available at an additional charge. Please contact Stingray, Inc. if you are interested.

VII. Web Servers:

Our web servers are PUBLIC ACCESS. The information stored on them is for public access. Sensitive or other materials should not be stored on a public web server, should not be connected to the internet and should only be on stand-alone systems.

If specific security measures need to be implemented for a web site client we will consult and work with that client to build a system or server to meet the security objectives. Upon finding out a client's hosting needs, we will then provide a proposed solution and cost estimate for their review and approval.

Stingray, Inc. is not responsible or liable to any Client for security of client data. It is the responsibility of the Client to secure sensitive data stored in their accounts or databases. The Client understands and agrees that Stingray has no obligation to preserve or protect any rights which the Client may have in any information placed on the System, and shall not be responsible for backing up information placed on the System.

The Client also understands and agrees that the use of beta programs is strictly prohibited within Stingray's servers. The Client further agrees not to use any software, java programs, cgi scripting or other executable coding that may cause harm or excessive wear to Stingray systems.

The Client agrees NOT to use any monitoring service, ping program or traceroute program to monitor Stingray systems, services or servers.  Stingray monitors its' network 24 hours per day, and monitoring by clients without the express written consent (additional fees will apply if approved) of Stingray is strictly prohibited and can lead to immediate suspension or cancellation without notice at the sole discretion of Stingray. 

The Client further agrees not to misuse system resources, including but not limited to employing posts or programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for the customer's own account; resale of access to CGI scripts installed on Stingray's servers; or attempting to use a single customer account for third party web sites by allowing more than one domain pointer to be used to reference pages within the customer's site.

Stingray defines unlimited bandwidth as the customer will not be charged for actual bandwidth usage. However if the site is determined by the System Administrator as a continually high (greater than 1 gig per month) bandwidth consumption site, Stingray then reserves the right to upgrade the customers account to any higher level of hosting services and/or increase monthly pricing to cover the cost of bandwidth/system resources.

Through your uses of the Stingray, Inc. Service, you may have opportunities to order and purchase merchandise or services from other subscribers to the Stingray, Inc. service and users of other communications outlets such as the Internet. You further acknowledge that all transactions relating to merchandise or services offered by you through the Stingray, Inc. service, including but not limited to the purchase terms, payment terms, warrantees, guarantees, maintenance and delivery terms for such transactions are agreed to solely between you and third party purchasers. Stingray, Inc. and its affiliates make no warranties or representations whatsoever with respect to your goods and services, or with respect to the qualifications of any third party purchaser.

VIII. Termination

This agreement will become effective on the date Stingray, Inc. receives your first payment, and will remain in effect billing-month-to-billing-month unless terminated by either party pursuant to this agreement. You may terminate the agreement and your subscription with 30 days written notice for any reason or no reason. Stingray, Inc. may immediately restrict, suspend or terminate without notice, your access to and use of Stingray, Inc. service upon any breach of this agreement, including the then-current Acceptable Use Policy. Stingray, Inc. may also terminate the agreement at any time for any reason or no reason, upon 30 days' prior notice. In the event of any termination for breach of this agreement, you may not establish a new subscription with Stingray, Inc. for one year from the date of termination. Upon and after termination, Stingray, Inc. will not be obligated to provide you with access to any stored e-mail or content related to your account. Your only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of Stingray, Inc. in operating the Stingray, Inc. Service, any change in the content of the Stingray, Inc. Service, or any change in the amount or type of fees charged in connection with the Stingray, Inc. Service, is to terminate this agreement by delivering notice to Stingray, Inc., effective the day Stingray, Inc. receives notification of termination. If Client requests to terminate service without 30 days notice, Client forfeits the unused portion of his or her service.

IX. Limited Liability

Client expressly agrees that use of Stingray, Inc.'s Server is at Client's sole risk. Neither Stingray, Inc., its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Stingray, Inc.'s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Stingray, Inc. Server service, unless otherwise expressly stated in this Agreement.

Under no circumstances, including negligence, shall Stingray, Inc., its officers, agents or any one else involved in creating, producing or distributing Stingray, Inc.'s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Stingray, Inc. Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Stingray, Inc.'s records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Stingray, Inc.'s Server service.

Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.

X. Lawful Purpose

Client may only use Stingray, Inc.'s Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secrets. Stingray, Inc. expressly forbids anyone from using Stingray, Inc.'s servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way, any material which we deem to be objectionable, including, but not limited to, CHILD pornography, & satanic materials. The designation of any materials as such described above is left entirely to the discretion of the Stingray, Inc. management.

XI. Indemnification

Client agrees that it shall defend, indemnify, save and hold Stingray, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Stingray, Inc., its agents, its Clients, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Stingray, Inc. against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Stingray, Inc.'s Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party and any defective product which Client sold on Stingray, Inc.'s Server.

XII. Changes to Policy Statement

Client acknowledges and agrees that this Policy Statement on the registration and use of data storage accounts may change from time to time and that, upon thirty (30) days posting, Stingray, Inc. may modify or amend the terms of this Policy Statement.

This Agreement constitutes the entire understanding of the parties.

This Agreement shall be governed in all respects by and construed in accordance with the laws of the United States of America and the State of Maryland.

Updated: 12.15.02