WEB HOSTING SERVICE CONTRACT

This Agreement is between Thunderbolt Computing, Inc. (hereafter referred to as "Provider") a Washington based business with it's principal office located in Seattle, Washington, and the client named hereafter. The Provider agrees to provide, and Client agrees to accept through Provider access to web hosting services according to the following terms and conditions:

1. TERM AND COMPENSATION:

1. The parties agree to a month to month contract (or longer billing cycle if mutually agreed upon), beginning after Provider's receipt of payment of the initial monthly and/or other service fees.
2. This Agreement will automatically renew for successive single month (or agreed upon) billing periods unless canceled in writing prior to the monthly renewal date which shall be that date thirty days (or agreed upon term) from receipt by Provider of payment of Clients compensation payable to Provider. Client will receive an invoice for charges and payment is due upon receipt of the invoice. Such charges and fees are subject to change. Continuation of use of services by Client indicates agreement to such changes or revisions.
3. A one time per billing cycle late charge of Ten Dollars ($10.00) will be charged to Client if payment is not received within 5 days from the due date. If payment is not received by Provider within 5 days of the due date, Provider, at it's sole discretion, also has the option to terminate or otherwise deactivate the Client's account without any notice.

2. TAXES:

Provider shall not be liable for any taxes or other fees to to be paid in accordance with or related to sales made from the Client using Provider's server. The Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold by Client.

3. DISCLAIMER OF WARRANTY:

1. PROVIDER'S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. DUE TO PROVIDER'S RELATIONSHIP WITH ON LINE NETWORKS, THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE WEB HOSTING SERVICES PROVIDED, INCLUDING WITHOUT LIMITATION, WARRANTY OF THE MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY EXPRESSLY DISCLAIMS ANY RIGHT TO REIMBURSEMENT FOR DIRECT OR CONSEQUENTIAL LOSSES, INCLUDING BUT NOT LIMITED TO LOSSES OF INCOME, DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES.
2. Client expressly agrees that use of Provider's service is at Client's sole risk. Provider, its employees, affiliates, agents, third party information providers, merchants licensors or the like, indicate Provider's Web Hosting service may be interrupted and is not likely to be error free. Provider makes no warranty as to the results that may be obtained from the use of the Web Hosting service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Web Hosting service, unless otherwise expressly stated in this Agreement.
3. Under no circumstances, including negligence, shall Provider, its offices, agents or anyone else involved in creating, producing or distributing Provider's Web Hosting service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Provider's Web Hosting services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Provider's records, programs or services. Client maintains sole responsibility for data backups and restoration, unless Provider has provided those services and a rider is attached to this contract. Client hereby acknowledges that this paragraph shall apply to all content on Provider's Web Hosting services.
4. Use of any information obtained by way of Provider is at Client's own risk and Provider 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 does not represent guarantees of available end to end bandwidth.
5. Provider disclaims liability for any damages arising from Client's use of Provider or by Client's Server(s). Provider disclaims liability for Client's data, files, or directories residing on Provider's equipment or its Providers equipment. Client is solely responsible for maintaining data, file, and directory structure back-ups.
6. 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.

4. TRADEMARKS AND COPYRIGHTS:

1. Client warrants that it has the right to use the applicable trademarks of Client, and grants to Provider the rights to use such trademarks, if any, in connection with Provider's motion of, referencing of, cataloging of, or indexing of Provider's Web Hosting clients.
2. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. CLIENT WILL HOLD PROVIDER HARMLESS AND INDEMNIFY PROVIDER FROM ANY DAMAGES, FINES, OR COSTS INCLUDING ATTORNEY FEES WHICH MAY ARISE FROM ANY SUCH VIOLATION OR INFRINGEMENT.

5. CAPACITY:

Client certifies that he or she has full right and authority to enter into this agreement to bind Client hereto.

6. INTERNET ETIQUETTE:

1. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.
2. Use of distribution list via unsolicited electronic mail or other electronic mailings is strictly prohibited. The Provider reserves the right to deactivate the Client's Web Hosting account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless the Provider from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's Web Hosting account(s).

7. TERMINATION:

This Agreement may be terminated by either party, without cause, by giving the other party thirty (30) days written notice. Notwithstanding the above, Provider may terminate service under this Agreement at any time, without penalty, if Client fails to comply with the terms of this Agreement. Provider reserves the right to charge a reinstatement fee. Client may be liable for certain fess relating to termination when such termination is due to Unsolicited Commercial E-Mail. Such fees shall include, but not be limited to, time required to clean up/correct any problems on our servers caused by client, and any legal fees or other costs we may incur while dealing with the incident. Client shall not be entitled to any refund of any monies under and circumstances should this agreement be terminated due to violation of the terms by the Client.

8. INDEMNIFICATION:

1. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE WEB HOSTING PRODUCT(S) OR THE HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDES, BUT IS NOT LIMITED TO, PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, ANY HARASSING AND HARMFUL MATERIAL OR USES, ANY ILLEGAL ACTIVITY, OR MATERIAL ADVOCATING ILLEGAL ACTIVITY, AND ANY INFRINGEMENT OF PRIVACY OR LIBEL.
2. Client agrees that it shall defend, indemnify, save and hold Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Provider, agents, its clients, servants, officers and employees, that may arise or result from publication or use of client's materials, 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 Provider against Liabilities arising out of (i) any injury to person or property caused by any products or services sold or otherwise distributed in connection with Provider's Web Hosting service; (ii) any material supplied by Client infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Web Hosting.

9. CONTRACT REVISIONS:

Revisions to this Contract will be considered agreed to by Client on renewal of Provider's Web Hosting services as specified in Section 1(c).

10. ENTIRE UNDERSTANDING:

1. This Agreement contained in this Contract constitutes the sole agreement between Provider and Client regarding its Web Hosting service. It is construed in accordance with the laws of the State of Washington. Any litigation or lawsuits incidental to this Agreement shall be filed and be determined in King County, Washington unless otherwise agreed to in writing by Provider.
2. Client will use the Web Hosting services in a manner consistent with any and all applicable laws of the State of Washington, any other state and the United States. Signing up for an account binds the clients to the above contract, and our Acceptable Use Policy referenced here.

Acceptable Use Policy (Please Read)

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Signed                                         Print Name                            Client/Company                           Date