Terms of Service Agreement for Web Projects

1. Authorization.

The named client is engaging Louisville Geek, as an independent contractor for the specific web design project of developing and/or improving a web site, hereinafter referred to as "web design project" to be installed on the client's account on an Internet Service Provider (ISP) / Web Presence Provider (WPP) computer, hereinafter refer to as "Hosting Service". The client hereby authorizes Louisville Geek Service to access this account, and authorizes the Hosting Service to provide Louisville Geek Service with "full access" to the client's account, and any other programs needed for this web design project that are included as part of the client's service agreement/level. The client also authorizes Louisville Geek Service to submit the completed web design project to major Web Search Engines.

2. Development.

The following is included in the quoted web design project rate:

• Client Web Design Project Detail (State of Work)
• Web Design Package Features (Deliverables)
• Web Design Additions or Options (Maintenance Packages)
• Browser Compatibility

Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. Louisville Geek Service guarantee that the web site we design for you will work in:

Microsoft Internet Explorer versions 5 and up

Netscape Navigator/Communicator version 4 and up

If the client requires the implementation of DHTML then Louisville Geek Service guarantee that the web site we design for you will work in:

Microsoft Internet Explorer versions 4 and up

Firefox/Netscape Navigator/Communicator version 4 and up

While Louisville Geek Service will make every effort, always, to design a fully functional web site, our guarantee does not cover AOL, text-based browsers, or any requested special effect that we have advised you against.

Accessibility for People with Disabilities

Louisville Geek Service standard is to meet as many as possible of the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.

3. Assignment of web design project.

Louisville Geek Service reserves the right to assign subcontractors to this web design project to insure that the terms of this agreement are met as well as on-time completion.

4. Copyright and Trademarks.

The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Louisville Geek for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Louisville Geek Service and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

5. Web Site Maintenance.

This agreement allows for minor web site maintenance to pages over a 1-month period, up to an average of one half hour per regular web site, including updating lines and making minor changes to a sentence or paragraph. It does not include updating replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, attempted updates by client repairs or web design projects delivered to the client via diskette. The period of 1 months begins on the date the clients web design site has been published to client's hosting service or 30 days from the date this agreement was signed, which ever comes first. If the client's web design package includes database access using Active Server Pages (ASP), then very minor page code changes will be accepted under this maintenance plan, major page code and/or database structural changes will be charged at current hourly rates.

6. Completion Date.

Louisville Geek Service and the client must work together to complete the web design project in a timely manner. We agree to work expeditiously to complete the web design project no later than 30 days after the client has submitted all necessary materials. If the client does not supply Louisville Geek Service with complete text and graphic content for this web design project within 45 days of the date this agreement was signed, the entire amount of the agreement becomes due and payable. If the client still has not submitted all the required contents within 60 days after signing this agreement, an additional continuation fee of 15% of the total agreement price will be assessed for each month until the web design project is published or the client cancels the web design project in writing.

7. Project Delivery.

The web site design project will be published to the client's hosting service upon receipt of the second payment or delivered via diskette upon receipt of full payment. The client understands that Louisville Geek Service does not provide any hosting services in connection with this web design project. Hosting services require a separate contract with the Louisville Geek Service. The client agrees to select a hosting service which allows Louisville Geek Service full access to the client's account via FTP. The client will be solely responsible for all hosting service charges.

Publishing:

All content is published using Dreamweaver CS3

Diskette:

The client assumes all responsibility for the use and functionality of the web design project.

8. Electronic Commerce Laws.

The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend Louisville Geek Service and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client's exercise of Internet electronic commerce.

9. Web Design Project Copyright.

Louisville Geek Service owns copyright to the finished web design site produced by Louisville Geek Service. The client will be assigned rights to use the web design project as a web site, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Louisville Geek Service and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios. All web design projects will contain a copyright/legal page with a link to Louisville Geek web site.

10. Payments.

Payments must be made promptly based on the schedule below. Delinquent bills will be assessed a $15 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. Louisville Geek Service reserves the right to remove any web design project from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by Louisville Geek Service. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this agreement was entered into in Louisville, KY, US and any dispute will be litigated or arbitrated in Louisville, KY, US. Please pay on time. Adding of Meta Tags (Description and Keywords) and the submission of the web design project to Web Search engines and updating only occur after the full final payment is made. All payments will be made in US $ funds. No Refunds. Milestones are set up to protect Client and Consultant from scope creep. If at any time the Client feels dissatisfied with project they may request for a project termination which will result in any furture balance due for future milestones. At that time Consultant and Client will sign off on all work completed at which that point and the content will be delivered to Client.

Hosting terms

Terms Of Service

Louisville Geek LLC Web Hosting Services Agreement:

The Terms and Conditions set forth herein constitute the full and complete agreement between you and Add2Net, Inc. (doing business as and hereinafter referred to as "Louisville Geek LLC") Your agreement to be bound by these terms is acknowledged by your use of the Louisville Geek LLC Web Site, Hosting Services, Support Services and any Louisville Geek LLC software made available to you. The terms contained herein supersede and replace any other agreement or negotiation between you and Louisville Geek LLC whether oral, written or otherwise including any statements made by any representative of Louisville Geek LLC at any time.

1 FEES; PAYMENT OF FEES

1.1 Fees - Louisville Geek LLC charges the following fees where applicable. All such fees are subject to change with 30 days notice. Not all fees are applicable to all accounts.

1.1.1 Set-Up Fee – This is a one-time fee that may that be charged in connection with the establishment of a new account.

1.1.2 Service Fee – This is the fee for your monthly, annual, bi-annual, or greater web hosting services.

1.1.3 Domain Registration Fee – This is the fee for the registration of a domain name and is non-refundable.

1.1.4 Other Service Related Fees – These are fees for additional services that you may choose to add to your account.

1.2 Louisville Geek LLC also reserves the right to alter, change, amend or delete fees at its sole discretion. Louisville Geek LLC further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.

1.3 Louisville Geek LLC reserves the right to offer subsequent promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not affect the then existing rights and responsibilities of each party. Louisville Geek LLC also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.

1.4 Payment of Fees - Louisville Geek LLC accepts payment by Credit Card (Visa, MasterCard, Discover, American Express, and by personal check, cashier's check, electronic check, or money order. In addition, Louisville Geek LLC may from time to time allow additional forms of payment; however, the offering of a particular form of payment does not obligate Louisville Geek LLC to continue to offer that form of payment in the future. The current list of payment options will be displayed during the order process. If you have any questions concerning the current available payment options contact us.

1.5 Payment by Credit Card and Electronic Check

1.5.1 Prior to activation of your user account and at any applicable time thereafter you agree to allow Louisville Geek LLC to charge your provided credit card or bank account. You also agree at stated regular intervals the agreed service fee amount for the stated period (together with any Louisville Geek LLC set-up charges, registration fees, or any other charges outlined herein) may be applicable. You further authorize Louisville Geek LLC to charge your credit card or bank account for all subsequent period fees at (or a reasonable period in advance of) the commencement of any such subsequent period. You agree to maintain current valid existing credit card or bank account information with Louisville Geek LLC for the purpose of satisfying the Louisville Geek LLC charges as they become due. Refusal or rejection of any such charge or any portion thereof is grounds for account suspension and termination at the sole option of Louisville Geek LLC under Paragraph 8 herein. An administrative fee of $25.00 may be charged for the refusal, rejection or return of any such charge for any reason whatsoever or any portion thereof. In addition, refusal, rejection or return of any such charge for any reason whatsoever or any portion thereof is grounds for account suspension and termination at the sole option of Louisville Geek LLC under Paragraph 8 herein.

1.6 Payment by Check, Money Order

1.6.1 Prior to activation of your user account you agree to submit a check payable in U.S. dollars against a bank located within the United States. Louisville Geek LLC is under no obligation to initiate service until the proceeds of such check have been cleared by such financial institution and have been received by Louisville Geek LLC. Invoices will be submitted to the email address on file for you as a courtesy only and you agree to receive such invoices via email. Payments for subsequent fees are due and payable immediately upon invoice and in no instance later than the expiration of the last day of the previous period without regard to any invoice. It is your responsibility when paying by check to make sure that your payment is received by Louisville Geek LLC. An administrative fee of $25.00 may be charged for the refusal, rejection or return of any such check for any reason whatsoever or any portion thereof. In addition, refusal, rejection or return of any such check for any reason whatsoever or any portion thereof is grounds for account suspension and termination at the sole option of Louisville Geek LLC under Paragraph 8 herein.

1.6.2 It is recommended that in order to avoid any service interruption that you submit your payment to Louisville Geek LLC a sufficient time before the expiration of the current service period so that it reaches Louisville Geek LLC in advance of the renewal date.

1.7 Louisville Geek LLC 30 Day Limited Money-Back Guarantee

1.7.1 Louisville Geek LLC is proud to offer a 30 day money-back guarantee period. Upon receipt by Louisville Geek LLC of proper notice from you of the termination of your account within thirty (30) days of the creation of a new account or within thirty (30) days of the renewal of an existing account, Louisville Geek LLC will refund all service fees for the new term. Terminations after this period are not eligible for refund. There are no refunds of account Set-Up Fees or Domain Name Registration Fees. If you were provided a Free Domain Registration, the current cost of the domain registration will be deducted from your refund. Louisville Geek LLC may grant refunds under any other circumstance it deems appropriate without waiving any other rights hereunder.

1.7.2 Waiver. Certain promotional services are offered to existing Louisville Geek LLC customers from time to time for free or at a reduced cost. Where such services are made available to new customers still within the 30 day guarantee period such services may be offered subject to a waiver of the remainder of the 30 day guarantee period. Such waiver will be identified together with the offer where it applies. Presently this includes but is not limited to: Microsoft® Expression® Web and Total Training.

2 WEB HOSTING SERVICES

For the term of the agreement as set forth herein Louisville Geek LLC agrees to provide Web Hosting Services according the plan selected by you upon activation of your account. Louisville Geek LLC reserves the right to change, amend and otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you. The specifics of any particular offer are contained within the offer itself as published on the Louisville Geek LLC website at the time you create your account and remain in effect throughout the term of your agreement. The specifics of all current offers are located within the Louisville Geek LLC Website located at www.Louisville Geek LLC.com. Web Hosting Services shall be defined as server space and data transfer allowances for the purposes of displaying a business or personal website.

3 DOMAIN REGISTRATION AND OTHER SERVICES

3.1 Domain Registration. At Customer's request, Louisville Geek LLC may also acquire a Second-Level Domain Name ("Domain Name") on behalf of any Customer. Louisville Geek LLC is an authorized domain name reseller of and utilizes Tucows for all domain registration services. Your purchase of domain name registration services is specifically subject to your agreement to the terms of this agreement and also the TUCOWS DOMAIN REGISTRATION AGREEMENT which is incorporated fully into this agreement and made available to you at http://www.Louisville Geek LLC.com/content/legal/exhibita.htm.

3.2 Louisville Geek LLC will not own or otherwise control any domain name registered on your behalf under this paragraph. Louisville Geek LLC provides the Domain Registration Service only as a convenience to you and you hereby waive any and all claims which you may have, or which may later arise, against Louisville Geek LLC for any and all damages, losses, claims or expenses arising out of or related to the acquisition, registration and use of the Domain Name. You hereby agree to pay any costs incurred by Louisville Geek LLC to register and maintain the Domain Name on your behalf by Louisville Geek LLC under the payment provisions of this agreement elsewhere herein.

3.3 Other Services. Louisville Geek LLC offers a listing of additional services in conjunction with its Domain Registration and Web Hosting Services. The terms of these services are governed by this agreement.

3.4 Private Registration Service. Upon requesting the Louisville Geek LLC Private Registration Service you agree to be bound by the terms of the Louisville Geek LLC Private Domain Registration Services Addendum which may be found on the Louisville Geek LLC Website located at http://www.Louisville Geek LLC.com/content/legal/exhibita.htm. The terms of the Private Registration Policy are incorporated into this agreement as though they were fully set forth at length herein. You agree to maintain your registration information with Louisville Geek LLC in full compliance with this agreement and the terms of the Private Registration Policy. Failure to so comply is cause for immediate suspension and termination of your account under paragraph (8) herein or at the option of Louisville Geek LLC cancellation of any domain name registered under this section.

3.5 The Registered Name Holder shall provide to Louisville Geek LLC accurate and reliable contact details and promptly correct and update them during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation.

3.6 A Registered Name Holder's willful provision of inaccurate or unreliable information, willful failure to promptly update information provided to Louisville Geek LLC, or failure to respond for over fifteen calendar days to inquiries by Louisville Geek LLC concerning the accuracy of contact details associated with the Registered Name Holder's registration shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for cancellation of the Registered Name registration.

3.7 Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it promptly discloses the identity of the licensee to a party providing the Registered Name Holder reasonable evidence of actionable harm.

4 ACCEPTABLE USE

Louisville Geek LLC strictly enforces compliance with its Acceptable Use Policy which may be found on the Louisville Geek LLC Website located at http://www.Louisville Geek LLC.com/acceptable-use/. The terms of the Acceptable Use Policy are incorporated into this agreement as though they were fully set forth at length herein. You agree to maintain your website in full compliance with the terms of the Acceptable Use Policy. Failure to so comply is cause for immediate suspension and termination under paragraph (8) herein. Louisville Geek LLC reserves the right to refuse to provide service to anyone at their sole option.

5 LICENSE

Louisville Geek LLC, subject to the terms and conditions set forth herein, hereby grants you a non-exclusive, limited, personal, license to use the Louisville Geek LLC Web Hosting Service for the term of the agreement as set forth herein. Your rights under this agreement may be assigned only upon prior notice and express approval by Louisville Geek LLC. Any other assignment is null and void.

6 OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY

6.1 It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of Louisville Geek LLC including but not limited to the Louisville Geek LLC customer service and maintenance tools. You acknowledge that all right and title to any such Louisville Geek LLC intellectual property shall remain the sole property of Louisville Geek LLC and that you have no right, title or interest therein. You further agree not to provide access to the Louisville Geek LLC services to any third party. You agree that you are not to assist any third party or to instigate yourself in any way to use, translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Louisville Geek LLC Services. Any and all right or title to any engineering, coding, programming or customer service work-around or other modification of the Louisville Geek LLC service shall also remain the sole property of Louisville Geek LLC.

6.2 During the term of this agreement you may have access to certain information and materials relating to the Louisville Geek LLC business, customers, software technology and marketing which Louisville Geek LLC treats as confidential (hereinafter "Confidential Information"). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any "Confidential Information" without the express prior written consent of Louisville Geek LLC; and (ii) not use or disclose any of the "Confidential Information" for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.

6.3 You are the sole owner of any information that you post within your account area. Louisville Geek LLC does not normally review or edit the information posted within your account. Notwithstanding the above Louisville Geek LLC specifically reserves all right to edit, change, remove or delete any information posted in violation of this policy, the Louisville Geek LLC Acceptable Use Policy or any applicable law, order or public policy. Louisville Geek LLC is not your partner, associate, joint venturer or agent with respect to any information placed by you on the Louisville Geek LLC servers.

7 TERM

The initial term of this agreement shall be the period selected by you at the commencement of your account. Periodic accounts (monthly, annual, biannual) are automatically renewed and are charged in the same manner you selected at the commencement of your account. Any Additional services are renewed for the same period as the corresponding hosting service. A listing of all the presently available plans is available on the Louisville Geek LLC website located at www.Louisville Geek LLC.com.

8 SUSPENSION AND TERMINATION

8.1 Suspension - At the sole option of Louisville Geek LLC for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to Section 1 (Payment of Fees) or any violation of the Louisville Geek LLC Acceptable Use Policy, Louisville Geek LLC may suspend your account by deactivating any access by you and by web users to any information contained on the Louisville Geek LLC servers related to your account while maintaining the information and data related to your account upon the Louisville Geek LLC servers. Suspension shall specifically include the disabling of your hosted domain and any access to information or data related to your account. In the event of any such suspension you will be notified. At the option of Louisville Geek LLC you may be given an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected the account may be terminated under paragraph 8.2. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.

8.2 Termination - This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the Louisville Geek LLC servers. Such information or data may or may not be made available to you by Louisville Geek LLC after any such termination. This agreement may be terminated either (a) after a period of suspension as set forth in paragraph 8.1 or (b) except as otherwise stated herein by either party upon 45 days notice in advance of a renewal period for any reason.

8.3 In the event of termination under paragraph 8.2(a) there will be no refund provided to you. In addition, Louisville Geek LLC may charge you an additional termination fee not to exceed $100.00 at its sole option. The assessment of this termination fee shall not affect the rights of Louisville Geek LLC to recover from your losses, damages, indemnity, defense costs, expert costs, collection costs and attorney’s fees or other costs of any kind as may be applicable under California Law

9.0 INFORMATION USAGE AND COMMUNICATIONS

9.1 You hereby consent and agree that as to any information which Louisville Geek LLC may collect from you and maintain with respect to you, including but not limited to your account information, dates of service, billing address, billing records, usage statistics, site statistics, services purchased, domain name purchases, correspondence to or from Louisville Geek LLC concerning you or your account, or other information which in Louisville Geek LLC sole judgment is reasonable, Louisville Geek LLC may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or otherwise reasonable shall be within the sole discretion of Louisville Geek LLC and may include but shall not be limited to (1) compliance with court order, subpoena or other request of any State or Federal government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act (3) compliance with the Louisville Geek LLC Terms of Service or other policies.

9.2 During and after the term of this agreement you agree to receive periodic emails, telephone calls, or SMS messages containing commercial offers from Louisville Geek LLC and certain approved marketing partners in regards to Louisville Geek LLC or such partner products and services. We may also contact you concerning your account, system conditions, changes, updates and schedules.

9.3 You agree to provide and at all times during the term of this agreement maintain true and accurate account information on file with Louisville Geek LLC specifically including your Name, Address, Email address, telephone number, billing information and any other account information requested at any time during the sign up process. You further agree that the failure to provide or maintain such accurate information is a material breach of this agreement and subjects your account to suspension and termination as set forth in paragraph eight (8) herein.

9.4 You agree to the terms of the Louisville Geek LLC Privacy Policy located at http://www.Louisville Geek LLC.com/privacy-policy/.

10 NOTICE

10.1 Any notice under this agreement shall be given by Louisville Geek LLC to you via email at the address provided by you to Louisville Geek LLC at the commencement of this agreement or as Louisville Geek LLC is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do so by contacting customer service via the Louisville Geek LLC website located at http://www.Louisville Geek LLC.com/contact/.

10.2 Any notice by you to Louisville Geek LLC shall be made by telephone to a customer service representative at 1-714-521-8150 during Louisville Geek LLC regular business hours of 7:00 a.m. to 7:00 p.m. Pacific Time and is effective only upon receipt by Louisville Geek LLC of any such notice. Such notice may also be sent via United States Mail to the following Address:

Add2Net, Inc.
Louisville Geek LLC Division
1360 N Hancock St.
Anaheim, CA 92807

11 SURVIVAL

Sections 1, 3 through 6, 8, 9, 10, 12, 13, and 15 through 21, inclusive, of this agreement shall survive the termination of this agreement and shall remain in full force and effect after any such termination.

12 WARRANTEES AND LIMITATIONS

12.1 Louisville Geek LLC makes every reasonable effort to maintain operation of the Louisville Geek LLC service; however, because many events and circumstances are beyond the control of Louisville Geek LLC, Louisville Geek LLC does not in any way warrant or otherwise guarantee the availability of the Louisville Geek LLC system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Louisville Geek LLC.

12.2 THE Louisville Geek LLC SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

12.3 In general, Louisville Geek LLC has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. Louisville Geek LLC accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. Louisville Geek LLC provides no warranty for any goods or services which you obtain over the Internet nor the compatibility of any such services with the Louisville Geek LLC system.

12.4 You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.

12.5 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO Louisville Geek LLC IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL Louisville Geek LLC BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.

13 INDEMNITY

13.1 You agree to fully defend and indemnify and hold harmless Louisville Geek LLC of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of Louisville Geek LLC in any way related to your use of the Louisville Geek LLC service or any portion thereof.

13.2 You agree to fully defend and indemnify and hold harmless Louisville Geek LLC of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the Louisville Geek LLC service or any portion thereof. Choice of counsel remains exclusively that of Louisville Geek LLC

13.3 You agree that upon the assignment of your user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless Louisville Geek LLC of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of Louisville Geek LLC.

14 FORCE MAJEURE

Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

15. U.S. EXPORT CONTROLS

Software available in connection with the Louisville Geek LLC services is subject to United States export controls. No Software may be downloaded from Louisville Geek LLC or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the any downloaded Software or software component is at your sole risk.

16 ASSIGNMENT

Your rights under this agreement may be assigned only upon prior notice and express approval by Louisville Geek LLC. Louisville Geek LLC may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Louisville Geek LLC. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.

17 SEVERABILITY

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

18 CHOICE OF LAW

This Agreement shall be interpreted under the laws of the State of California without regard to any conflict of laws or provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be enforced in the Superior Court of the State of California, County of Los Angeles. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.

19 NO AGENCY

Notwithstanding any other provision of this agreement, Louisville Geek LLC is not your agent, partner or joint venturer in any respect.

20 AMENDMENT Louisville Geek LLC may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the Louisville Geek LLC web site in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.

21 REQUIRED NOTICES

21.1 Copyright Infringement Claims - Any notice concerning any claim of copyright infringement should be addressed to Add2Net, Inc - Louisville Geek LLC Division, COPYRIGHT INFRINGEMENT CLAIM, 100 East La Habra Blvd., La Habra, CA 90631 Telephone (714) 521-8150 Facsimile (714)521-8195

21.2 California - Pursuant to the terms of The Electronic Commerce Act of 1984 please be advised that as may be applicable to you under California Law if you are unsatisfied with the manner in which a complaint that you may have regarding the Louisville Geek LLC service you may contact the complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.

ICANN Uniform Domain-Name-Dispute-Resolution Policy.

Recycle Electronics

Safely dispose of old CPU's, monitors and electronics with Louisville Geek