This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, Dedicated Servers, e-commerce, Domain Registrations, Colocation and other Internet-related services provided by TH Media, Inc. (the "Services"). As used in this Agreement, "TH Media" means TH Media, Inc. and "Client", "you", or "your" means you. By clicking on the "Submit Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the TH Media site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "TH Media Site" refers to the Site located at the URL http://www.thmedia.net, or any other successor Sites owned or maintained by TH Media.

In addition to the following, the Acceptable Use Policies provide more detailed information regarding what is acceptable use of our products and services.

Appropriate Use of the Services
      Client Content
      Disk Space
      Bandwidth
      Licensed Software
      Back-up Files and Processing
     Termination
Payment and Term
      Service Fees
      Late Payments
     Returned Items Fees
      Taxes
      Domain Names
Client Liability and Indemnification
Term, Termination and Reinstatement
Taxes
Disclaimer of Warranty
Limitation of Liability
Miscellaneous

Appropriate Use of the Services

TH Media provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services.

Client Content

The following Terms of Service (herein named TOS) applies to all websites/domains hosted by TH Media, Inc.. The term "applies" is defined as total content of each website/domain, as well as "links" from any website/domain, or to any website/domain. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any TH Media server in connection with Client's use of the Services which:

1. Pornography and sex-related merchandising are prohibited. This includes sites that may infur sexual content, or links to pornography elsewhere. Nude "art" is permitted.

2. You may not upload any material that violates or infringes on the copyright, intellectual property rights, trademark rights, or proprietary rights of TH edia, Inc or any individual or organization.

3. Piracy, hacking, cracking, phreaking, warez, pyrotechnics, exploitive software or text that educates or encourages this activity and/or use are not allowed.

4. You may not upload ROMs and Emulators. This is non-negotiable.

5. You may not publish any material that is grossly offensive, including , exploitation of children, blatant expressions of bigotry, hatred, harassment, defamation, invasion of privacy, or slanderous or trade libelous. This includes material that defames, abuses, harasses or threatens any person or group.

6. Spam is not allowed, and you may not reference TH Media, Inc. in any unsolicited email that you send.

7. You may not use your service in the commission of any crime that violates the laws of local, state, and federal government of the United States of America.

8. You are solely and fully responsible for the contents of your account. Any and all repercussions will be born solely by you as the account holder.

9. In no event will TH Media, Inc. be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use TH Media, Inc.'s services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.

10. We reserve the right to terminate any account without warning or notice if any of the above restrictions are violated and to examine the contents of any account at any time.

Disk Space

Virtual, Reseller, and Bulk Reseller Accounts: Client may occupy only the amount of disk space on the TH Media Server that is allotted by TH Media. Additional fees, specified in the hosting plans, will be charged for exceeding the disk space. Disk space measurement includes all customer content and generated content from their web site and includes but is not limited to MySQL data, Mailing List data and data in /home/user directories for virtual accounts. TH Media is not responsible for measurements provided by individual control panel software, which is 3rd party software not controlled by TH Media, which may or may not include all of the customer data in their measurements.

Virtual Private Servers and Dedicated Servers: The Disk Drive and/or Disk Space Quota for these accounts is hard quota based and clients have full access and rights to the disk space. Available disk space for the Client excludes the space required for the Operating System, Control Panel and other Services that come with the server set up which is selected by the client. Client has full control of all disk space for these accounts and may remove, delete and/or alter the installed files and configurations. However, removing, altering or deleting the files and base configurations installed by TH Media and/or in the case of the Control Panels, is not part of the 3rd party software released packages, patches, fixes and or upgrades, places all software support for that account/server into a fee based category. Refer to our Support Policy for details regarding free versus fee based support.

Bandwidth

We do not, by default, limit the amount of bandwidth to the account/server quota unless required by the control panel software. If a Virtual/Shared Server Client wishes to have their bandwidth capped, we will do so upon request, software permitting. Virtual Private Server (VPS), Dedicated and Colocation Accounts are limited only to port speed. Default port setting is 10 Meg. Additional fees, specified in the account plan will be charged for exceeding the network bandwidth allowance of your selected plan/server.

Licensed Software Only

Client agrees to use only properly licensed third party software in connection with Client's use of the services.

Back-up Files and Processing

Virtual/Shared Hosting Clients will have the ability to reinstate files which are automatically archived by TH Media upon request for a minimal fee; however, TH Media does not guarantee the existence, accuracy, or regularity of its backup services, and therefore, Client is responsible for making back-up files in connection with its use of the services. The accuracy and quality of backup processes provided by 3rd party software, such as the individual 3rd party control panels, is not guaranteed by TH Media.

For Clients using 'paid for' Back up processing services, TH Media will disclose their guarantee within the products page for that service. On Dedicated Servers with the on-board backup option, they are paying for the additional disk drive only. TH Media will provide and install the backup script for our clients upon request. Additionally, most control panels now offer backup processing and setup within the respective control panels. Running of cron jobs and backup services within the control panel is the responsibility of the server owner. The backup script can be set up to generate a daily e-mail with results to assist Client in monitoring. For mission critical data, TH Media highly recommends higher quality off-server backup services than what an on-board backup drive can provide. Doing periodic local backups is also highly recommended and prudent business practice.

Termination

TH Media reserves the right to refuse service to anyone. TH Media, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the services, please contact abuse@thmedia.net.

Payment and Term

By submitting the order, Subscriber hereby agrees to the following:

• Subscriber agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
• Dedicated Server and Colocation Subscriber agrees to a no-refund policy in advance. Setup fees and monthly services fees are non-refundable.
• Server rental charges will be incurred immediately at signup. The first full month will be charged and the second month prorated based on the date the server was released.

Service Fees. All recurring billing takes place on the anniversary of account creation. TH Media shall either (i) debit Client's credit card (where such information is provided by Client) or (ii) deliver by e-mail an invoice to Client in accordance with the applicable Services fees for services rendered for the current month. Where an invoice is delivered to Client, Client shall remit payment to TH Media by no later than 10 days after the specified payment due date. TH Media shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to TH Media. Certain services carry a set-up fee charged by TH Media to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to TH Media and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, unless a contract is in place, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has agreed to a specified term in exchange for discount of fees and/or has pre-paid TH Media for such Services and received discounts for signing up for a specified term, no refunds will be issued if canceled before the pre-paid term ends. Accounts opened after August 1, 2003 who receive discounts to setup fee and/or service fees are agreeing to a specified term of service and no refunds are given if canceled prior to the end of the term. If Client has retained the Services for one (1) year and has pre-paid TH Media for such Services without a discount, refunds will be issued for any unused full month portions less one month of the Services upon Clients request. Therefore, if Client's account is canceled at any point during the one (1) year term, Client will be entitled to a refund for all but one of the full months remaining after notice given by the 25th of the preceding month.

Late Payments. Any payment not received within twenty (20) days of the invoice date, will be assessed a late fee of one and one-half percent (1 1/2%) per month or the highest rate allowed by applicable law, whichever is lower, with minimum of a $5.00 fee. Customer also shall pay to TH Media all expenses incurred by TH Media in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Customer, including, but not limited to, reasonable attorneys' fees and the fees of any collection agency retained by TH Media. Late Fees will continue to accrue as long as there is an outstanding balance.

Returned Item Fee. Accounts with returned checks and/or e-checks will be assessed a $15.00 returned item fee.

Taxes. Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.

Domain Names. If Client chooses to register a domain name(s) through TH Media, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. TH Media does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.

The parties agree that in no event shall TH Media be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless TH Media from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.

Term, Termination & Reinstatement

• Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must submit their cancellation through our online help desk. All cancellation requests must be received by 5 days prior to cancellation. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 - 8 shall survive termination or expiration of this Agreement.
• If TH Media suspends a virtual account for non-payment, Client shall be allowed to re-instate Client's use of the Services within Five (5) business days of cancellation upon approval from TH Media and full payment of balances due. A reinstatement fee of $15.00 will be applied.
• If TH Media disconnects a Dedicated Server or Colocation server for non-payment, the Client shall pay a fee of Fifty Dollars ($50) prior to any re-instatement of Client's server. Once payment has been received, Client's account will be activated within Forty-eight (48) business hours. TH Media will maintain an archival copy of Client's data files for (5) days after TH Media disconnects the server.
• If a Client terminates their account, TH Media will disable the server/account the day the client specifies the account is canceled. TH Media will not maintain an archival copy of the Clients Web site or files. It is the responsibility of the Client to remove any data off the server prior to the date provided in their cancellation notice.

Client will pay and indemnify and hold TH Media harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

Disclaimer of Warranty

THE SERVICES, THE TH Media SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE TH MEDIA SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. TH MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TH MEDIA SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

Limitation of Liability

IN NO EVENT SHALL TH MEDIA BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE TH MEDIA SITE OR ANY TH MEDIA PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL TH MEDIA CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN THE COST OF ONE MONTHS HOSTING.

Miscellaneous

Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.

If to TH Media: TH Media, Inc

PO Box 6767
Annapolis, MD 21401

If to Client:

Name and address provided for account setup.

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by TH Media. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it's conflict of law rules. This Agreement and TH Media's policies are subject to change by TH Media without notice. Continued usage of the Services after a change to this Agreement by TH Media or after a new policy is implemented and posted on the TH Media Site constitutes your acceptance of such change or policy. We encourage you to regularly check the TH Media Site for any changes or additions.