This Website and Domain Name Services Agreement ("Agreement") is a valid legal agreement between WebPageProductions ("MXWebsites.com") and you, the individual or business entity ordering WebPageProductions web services ("Services") either via an on-line order form or via WebPageProductions customer service call center ("Sign-up Process"). This Agreement governs your purchase and use of WebPageProductions Services ordered by you during the Sign-up Process.

Individuals, organizations, and businesses located in countries subject to United States embargoes as well as any person, listed on the U.S. Treasury Department's list of Specially Designated Nationals, or listed on U.S. Commerce Department's Table of Denial Order or Entities List may not enter into agreements associated with the Products or Services available from WebPageProductions. Restricted countries currently include (and are subject to change per guidance from the United States government) Cuba, Iran, North Korea and Syria. By placing your order with WebPageProductions, you acknowledge that you are not such a person, organization or business.

WebPageProductions may amend or otherwise modify this Agreement at any time and from time to time without notice. You will be bound by the amended Agreement upon your continued use of the Services after the revised Agreement is posted at www.mxwebsites.com. You may identify whether WebPageProductions has revised this Agreement by referring to the Effective Date in Section 8.9 below.

1. Services

WebPageProductions offers various website and web marketing plans as well as optional add-on services which are published on MXWebsites.com. Subject to these Terms of Service and during the term of this Agreement, WebPageProductions agrees to provide to you the Services you select during the Sign-up Process. WebPageProductions reserves the right to amend its Services offerings and to add, delete, suspend or modify the terms and conditions of the Services, at any time, and to determine whether and when any such changes apply to both existing and future customers.

2. Fees and Payment Terms

2.1 WebPageProductions may charge set up fees, recurring service fees, and other one-time fees for the services you have ordered (collectively "Service Fees"). The rate you will be billed for the Services is determined during the sign up process and will not change during the term of this agreement.

2.2 All Service Fees are due on the first day of the billing cycle. All Service Fees and other monetary payments must be made in U.S. Dollars. If you are not billed by invoice, you authorize WebPageProductions to charge the credit card (your "Payment Process") that you provide to WebPageProductions for payment of the Service Fees for Services you order before WebPageProductions activates the Services. You further authorize WebPageProductions to charge you according to your Payment Process for the amount of all subsequent periodic Service Fees (at WebPageProductions then-current rates) prior to the commencement of any renewal period for such Services as described in Section 3 of this Agreement and for the amount of all other fees and charges (at WebPageProductions then-current rates) as they become payable pursuant to this Agreement. Services Fees and all other fees and charges that become due during any renewal period will be charged according to your previous payment option and/or Payment Process. All Payment Process payments are deemed authorized by you and will be assessed in real time.

2.3 If WebPageProductions does not receive payment from your Payment Processor (i.e., credit or debit card issuer or other financial institution), you agree to pay WebPageProductions all amounts due upon demand. WebPageProductions may charge you for a late payment fee equal to one percent (1.0%) on any overdue balance, or the maximum amount allowed by law if less, for as long as the overdue amount remains unpaid. WebPageProductions may also charge you for a reasonable administrative fee for any returned checks or if your Payment Processor declines payment. You agree to pay WebPageProductions collection costs, including reasonable attorneys' fees, if WebPageProductions is required to take action to collect any amounts that you fail to pay when due pursuant to this Agreement.

2.4 WebPageProductions may, in its sole and exclusive discretion, immediately suspend or terminate your Services without notice to you if you fail to provide valid Payment Processor information or authorization or fail to pay for any Services when due. WebPageProductions may charge a Ten Dollar ($10.00) fee to reinstate any Service that has been suspended or terminated.

2.5 There is a non-refundable registration fee for all new domains that you purchase through WebPageProductions. WebPageProductions may automatically pay this fee as well as all annual non-refundable renewal fees (both fees also "Service Fees") up to thirty (30) days in advance of the renewal date on your behalf provided your account is active and current. These Service Fees will appear on your next billing statement unless prior arrangements are made with the WebPageProductions customer service department. You agree that you are responsible for reimbursing WebPageProductions for all Service Fees advanced on your behalf.

3. Term and Termination

3.1 The Agreement will continue for the term stated during the Sign-up Process or, if no term is stated, on a month-to-month basis. The Agreement will automatically renew for successive terms, each equal in length to that of the initial term. Each renewal will be governed by the Agreement in effect (posted on our website) at the time of the renewal. Either party may terminate this Agreement effective at the end of the then current term, whether annual, month-to-month or some other fixed term, upon at least forty five (45) days notice prior to the end of the then current term and such termination will be effective upon expiration on the last day of the then current term. The termination of this Agreement will constitute the termination of all of your Services.

3.2 If you breach any term of this Agreement WebPageProductions may, in its sole and exclusive discretion, suspend or terminate your Services immediately and without notice to you.

3.3 IF THIS AGREEMENT IS TERMINATED FOR ANY REASON PRIOR TO THE EXPIRATION OF THE INITIAL TERM, WEBPAGEPRODUCTIONS WILL NOT PROVIDE ANY REFUND OR CREDIT TO YOU FOR ANY SERVICE FEES THAT YOU PAID IN ADVANCE, BY CREDIT CARD OR OTHERWISE

4. Warranty Disclaimers and Limitations of Liability

YOU AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 4 ARE REASONABLE AND ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND WEBPAGEPRODUCTIONS.

4.1 WEBPAGEPRODUCTIONS PROVIDES THE SERVICES AND THE LICENSED MATERIAL TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEBPAGEPRODUCTIONS MAKES NO EXPRESS WARRANTIES OF ANY KIND AND DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT REGARDING ANY SERVICES OR ANY EQUIPMENT THAT WEBPAGEPRODUCTIONS MAY PROVIDE TO YOU OR REGARDING THE LICENSED MATERIAL. WEBPAGEPRODUCTIONS DOES NOT WARRANT THAT THE SERVICES, THE LICENSED MATERIAL OR THE USE OF EITHER WILL BE WITHOUT INTERRUPTION, ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WEBPAGEPRODUCTIONS MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE LICENSED MATERIAL OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES, THE LICENSED MATERIAL OR THE INTERNET. WEBPAGEPRODUCTIONS IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CUSTOMERS VIA THE SERVICES PROVIDED BY WEBPAGEPRODUCTIONS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY WEBPAGEPRODUCTIONS, ITS EMPLOYEES, REPRESENTATIVES, AGENTS, AFFILLIATES OR CONTRACTORS WILL CREATE A WARRANTY, EXPRESS OR IMPLIED, NOR MAY YOU RELY ON ANY SUCH ADVICE OR INFORMATION.

4.2 Customer shall indemnify, defend and hold harmless WebPageProductions and its affiliates from and against any claims, causes of action, losses, damages, costs or expenses (collectively, "Claims") arising out of or relating to use by or through Customer of the Services in any way, including any breach of the AUP.

4.3 Information obtained by you from the Internet may be inaccurate, offensive or in some cases illegal. WebPageProductions has no control over information contained on the Internet and accepts no responsibility for any information that you may receive via the Internet.

4.4 You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you disseminate or display in connection with your use of the Services or obtain from the Internet.

4.5 You agree that if WebPageProductions takes any corrective action under this Agreement in response to your or your end users' actions or failures to act, that corrective action may adversely affect you or your end users and you agree that WebPageProductions shall have no liability to you or your end users due to any corrective action taken by WebPageProductions.

4.6 WebPageProductions strongly encourages you to back-up your data regularly. You agree that WebPageProductions has no obligation to back-up any data related to your website unless WebPageProductions expressly agrees otherwise in writing and you have currently paid for such back-up Services. Customer acknowledges and agrees that while WebPageProductions may perform certain backups as part of its internal operations with respect to the Services, such backups are not meant to be a complete disaster recovery solution for Customer and, as such, Customer is solely responsible for backup of its software and data residing on WebPageProductions servers.

4.7 YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD WEBPAGEPRODUCTIONS OR ITS LICENSORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WEBPAGEPRODUCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS WEBPAGEPRODUCTIONS LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

4.8 YOU AGREE THAT YOU WILL NOT HOLD WEBPAGEPRODUCTIONS OR ITS LICENSORS LIABLE UNDER ANY CIRCUMSTANCE FOR ANY DAMAGES THAT YOU SUFFER THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SERVICES OR LICENSED MATERIAL, (II) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, LOSS OR CORRUPTION OF DATA AND/OR BACK-UP DATA, FAILURE TO PERFORM DATA BACK-UP FUNCTIONS (OTHER THAN THOSE EXPRESSLY AGREED TO BY WEBPAGEPRODUCTIONS AND CURRENTLY PAID FOR BY YOU), ERRORS, VIRUSES, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, NON-DELIVERIES, MISDELIVERIES OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT CAUSED BY WEBPAGEPRODUCTIONS NEGLIGENCE, ACTS OF GOD, ANY FAILURE OF WEBPAGEPRODUCTIONS NETWORK OR SYSTEMS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WEBPAGEPRODUCTIONS RECORDS, PROGRAMS, EQUIPMENT OR SERVICES; (III) YOUR ACTS OR OMISSIONS; OR (IV) THE ACTS OR OMISSIONS OF THIRD PARTIES.

4.9 YOU AGREE THAT WEBPAGEPRODUCTIONS MAXIMUM LIABILITY TO YOU UNDER THIS AGREEMENT FOR ALL DAMAGES, LOSSES, COSTS AND CAUSES OF ACTIONS FROM ANY AND ALL CLAIMS (WHETHER IN CONTRACT, TORT OR OTHER LEGAL THEORY) SHALL BE LIMITED TO THE LESSER OF (A) THE TOTAL AMOUNT OF SERVICE FEES ACTUALLY PAID BY YOU TO WEBPAGEPRODUCTIONS FOR THE THREE MONTH PERIOD IMMEDIATELY PRECEEDING THE DATE ON WHICH THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE, (B) PROVEN DIRECT DAMAGES, AND (C) ONE THOUSAND DOLLARS ($1,000.00).

4.10 The terms of Section 4 shall survive any termination of this Agreement.

5. Restrictions on Use

5.1 Your use of the Services is subject to WebPageProductions Acceptable Use Policy, as revised from time to time (the "AUP"), which is incorporated herein by reference. The AUP is available on MXWebsites.com. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern.

5.2 WebPageProductions does not intend to systematically monitor the content that is submitted, stored, distributed or disseminated by you via the Services (the "Your Content"). Your Content includes content of your end users and/or users of your website. Accordingly, you are responsible for your end users' content and all activities on your website. WebPageProductions, in its sole and exclusive discretion, may immediately take corrective action, including, but not limited to, removal of all or a portion of Your Content and suspension and/or termination of your Services, in the event of notice of any possible violation of the AUP by you or your end users. You agree that WebPageProductions will have no liability to you or any of your end users due to any corrective action that WebPageProductions may take and that you will not be entitled to a refund of any fees paid in advance prior to the corrective action.

5.3 You warrant that Your Content does not violate or infringe any copyright, trademark, patent or intellectual or other proprietary property right of any third party or contain any obscene or libelous material or otherwise violate any law or regulation.

5.4 Your use of networks or computing resources provided to WebPageProductions by third party providers and made available to you as part of the Services is subject to the respective permission and usage policies of such third parties.

5.5 You expressly (i) grant to WebPageProductions a license to cache the entirety of Your Content and your web site, including content supplied by third parties, hosted by WebPageProductions under this Agreement, and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

5.6 If WebPageProductions assigns to you an Internet Protocol address for your use, you may use that Internet Protocol address only as expressly permitted by WebPageProductions in connection with your use of the Services during the term of this Agreement. WebPageProductions will maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to you by WebPageProductions. WebPageProductions reserves the right, in its sole and exclusive discretion, to change or remove any and all such Internet Protocol numbers and addresses.

5.7 You agree that you will not use excessive amounts of CPU processing on any of WebPageProductions servers. WebPageProductions, in its sole and exclusive discretion, may immediately take corrective action, including, but not limited to, assessment of additional fees and suspension and/or termination of Services, in the event you violate this policy. You agree that WebPageProductions will have no liability to you or any of your end users due to any corrective action that WebPageProductions may take and that you will not be entitled to a refund of any fees paid in advance prior to the corrective action.

5.8 You agree that you will not use bandwidth and disk usage amounts that exceed the limits applicable to your Services as published on the WebPageProductions website for the particular brand of Services you ordered ("Agreed Usage"). WebPageProductions will monitor your bandwidth and disk usage. WebPageProductions, in its sole and exclusive discretion, may immediately take corrective action, including, but not limited to, assessment of additional fees and suspension and/or termination of Services, in the event you exceed the Agreed Usage. You agree that WebPageProductions will have no liability to you or any of your end users due to any corrective action that WebPageProductions may take and that you will not be entitled to a refund of any fees paid in advance prior to the corrective action.

6. Trademarks and Proprietary Rights

6.1 WebPageProductions and other pending and/or registered trademarks and service marks, and other graphics, logos, and service names used by WebPageProductions in connection with the Services or other products or services offered by WebPageProductions and its subsidiaries and affiliates, to identify the products or Services of WebPageProductions or its subsidiaries and affiliates (collectively the "WebPageProductions Trademarks") are the trademarks of WebPageProductions and its subsidiaries and affiliates. You agree not to use the WebPageProductions Trademarks in connection with your products or services, or any third-party's products or services, or in any manner that disparages or discredits WebPageProductions. All other brands and names (including third-party product names) used in connection with the Services or other products or services offered by WebPageProductions and its subsidiaries and affiliates are the property of their respective owners.

6.2 WebPageProductions acknowledges that it claims no proprietary rights in Your Content or any intellectual property right contained therein. You acknowledge and agree that WebPageProductions and its licensors own all right, title, and interest in: (a) the Services and any other products or services offered by WebPageProductions and its subsidiaries and affiliates; (b) the technology available to you as part of the Services; (c) and all content, including but not limited to text, software, music, sound, photographs, video, graphics, or other material contained or maintained on the websites maintained by WebPageProductions and its subsidiaries and affiliates (collectively "WebPageProductions Content"), excluding Your Content.

7. Notices

It is your responsibility to provide accurate and complete account and contact information, including a valid e-mail address, to WebPageProductions during the Sign-up Process. It is also your responsibility to inform WebPageProductions promptly of any changes to your account or contact information. WebPageProductions has no responsibility for communications that are misdirected as a result of your failure to provide WebPageProductions with updated contact information or as a result of the suspension or termination of your Services.

WebPageProductions may provide notice to you required by this Agreement via e-mail at the address provided by you or by posting on the Customer's control panel. You agree that notice to you at this address is deemed sufficient regardless of your receipt of such email. You must provide all notices to WebPageProductions required in writing to our email or mailing address as posted on our website (www.mxwebsites.com).

8. General

8.1 WebPageProductions is committed to protecting your privacy. You may review WebPageProductions current Privacy Policy at www.mxwebsites.com.

8.2 WebPageProductions will 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, earthquakes, hurricanes, tropical storms and depressions, inclement weather, labor disputes and strikes, riots, war and governmental requirements.

8.3 The validity, interpretation, enforceability and performance of this agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts or choice of laws.

8.4 If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with all other provisions of this Agreement remaining in full force and effect.

8.5 WebPageProductions failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by WebPageProductions in writing.

8.6 This Agreement, together with the order form, if any, you submitted on-line to order your Services, the AUP, the Privacy Policy and all documents referenced herein and therein, comprise the entire agreement between you and WebPageProductions and supersedes all prior agreements between the parties regarding the subject matter contained herein. This Agreement shall apply to all additional products and services that you purchase from WebPageProductions or its subsidiaries and affiliates, whether or not you complete the acceptance process with respect to additional products and services (all such additional products or services purchased, also "Services"), and this Agreement will govern your purchase and use of all additional Services.

8.7 This Agreement shall be binding upon and inure to the benefit of Customer, WebPageProductions and WebPageProductions successors and assigns. Customer may not assign this Agreement without the prior written consent of WebPageProductions, which consent will not be unreasonably withheld or delayed.

8.8 You represent and warrant that, if you are an individual and warrant that you are 13 years of age or older or have been given consent from an adult 18 years of age or older and that your use of the MXWebsites.com shall not violate any applicable law or regulation, that you have read this Agreement, including WebPageProductions AUP, and that you agree to be bound by the terms and conditions of the Agreement. You acknowledge and agree that WebPageProductions can and will rely on all representations, warranties, covenants and agreements that you make herein.

8.9 Effective date: this version of the Services Agreement was last updated on March 29, 2005.