1. General. This agreement (this "Agreement") is between ViaWest Internet Services, Inc. ("ViaWest") and the customer ("Customer"). This Agreement sets forth the terms and conditions pursuant to which ViaWest shall provide shared server web hosting service and/or dial-up service (collectively, the "Service") to Customer. This Agreement shall be effective on the date that the Service is provided to Customer (the "Effective Date"). Customer acknowledges and agrees that use of the Service by Customer constitutes acceptance by Customer of the terms of this Agreement.

2. Billing Information. Customer agrees to pay the standard rates and charges for the Service pursuant to the terms of ViaWest's billing and cancellation policy ("Billing and Cancellation Policy"), which policy is posted on ViaWest's web site at www.viawest.net. ViaWest reserves the right in its sole discretion to change the Service or the standard rates for the Service upon 30 days prior notice to Customer. Recurring charges shall be invoiced monthly unless otherwise agreed upon in writing, and non-recurring charges, including set-up and installation fees, shall be payable upon commencement of the work. Equipment charges shall be invoiced upon shipment and shall not include shipping and handling unless otherwise set forth in writing. Customer agrees to pay interest on all amounts not paid by the applicable due date at the rate of the lesser of (a) 1.5% per month or portion thereof or (b) the highest rate permitted by applicable law. Customer agrees to pay all taxes and fees assessed in connection with the Service and the sale of any equipment, except for taxes based on ViaWest's net income. ViaWest's acceptance of this Agreement is subject to satisfactory completion by Customer of a credit check, and ViaWest reserves the right to condition provision of the Service on reasonable assurance of payment.

3. Term; Termination. This Agreement shall be effective on the Effective Date and shall continue on a month-to-month basis unless earlier terminated pursuant to this Section 3. Either party may terminate this Agreement by providing written notice to the other party no less than 10 business days prior to the next billing cycle to be effective on the last day of the current billing cycle, provided that Customer must comply with the notification provisions set forth in ViaWest's Billing and Cancellation Policy. In addition, ViaWest may terminate this Agreement or suspend provision of the Service immediately upon an event of default of Customer. An event of default includes (a) failure to pay any amount within thirty (30) days of the applicable due date; (b) the filing of a petition in bankruptcy by or against Customer; or (c) any material breach of this Agreement, including, without limitation, ViaWest's acceptable use policy ("AUP"), which policy is posted on ViaWest's web site at www.viawest.net. Termination or suspension of the Service shall not relieve Customer of its obligation to pay charges for the Service accrued through the date of termination or suspension.

4. Representations, Warranties, and Obligations of Customer. Customer represents and warrants that (a) it has and shall have full right and authority to enter into this Agreement and (b) its use and its customers' and other third-party users' use of the Service and the Customer Data (as defined below) shall not violate the terms of ViaWest's AUP. Customer at all times shall retain copies of the Customer Data and shall be responsible for the editorial supervision of the Customer Data. For purposes of this Agreement, "Customer Data" shall mean the text, data, images, sounds, photographs, illustrations, graphics, programs, code, and other materials transmitted or stored through the Service.

5. Rights and Obligations of ViaWest. Customer shall have no right to access ViaWest's data center or the Equipment (as defined below) or any software installed or used by ViaWest on the Equipment, and the Equipment and such software shall remain the sole and exclusive property of ViaWest. At Customer's request for shared server web hosting service, ViaWest shall use commercially reasonable efforts to secure domain names and to assign Internet address space for Customer during the Term and to route those addresses on ViaWest's network. Customer shall have no right to route such IP addresses. ViaWest shall retain ownership of all such IP addresses at all times, and Customer's access to such IP addresses shall cease immediately upon termination of the Agreement. For purposes of this Agreement, "Equipment" shall mean all equipment provided by ViaWest or any third-party to provide the Service pursuant to this Agreement.

6. Disclaimer of Warranties. ViaWest exercises no control over and accepts no responsibility for the information or content accessible on the Internet. The Internet is not a secure network; confidential or sensitive information should not be transmitted over the Internet or stored on computers directly connected to the Internet. ViaWest disclaims any liability for loss or theft of information transmitted over the Internet or stored on computers directly connected to the Internet. THE SERVICE AND ANY RELATED SOFTWARE AND/OR EQUIPMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER VIAWEST NOR ITS EMPLOYEES, AFFILIATES, CONTRACTORS, OR AGENTS WARRANT THAT THE SERVICE SHALL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR PRODUCE PARTICULAR RESULTS OR THAT THE INFORMATION OBTAINED ON THE INTERNET SHALL BE RELIABLE OR UNOBJECTIONABLE. NO ADVICE OR INFORMATION GIVEN BY VIAWEST OR ITS EMPLOYEES, AFFILIATES, CONTRACTORS, OR AGENTS SHALL CREATE A WARRANTY.

7. Indemnification. Customer shall indemnify, defend, and hold harmless ViaWest and its employees, affiliates, contractors, and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, without limitation, reasonable attorneys' fees) arising from or related to (a) any breach of this Agreement, including, without limitation, ViaWest's AUP; (b) any use of the Service or Equipment or acts or omissions by Customer or any of its customers, employees, affiliates, contractors, or agents; or (c) any claims for infringement of any third-party rights arising from or related to the Customer Data.

8. Limitation of Liability. IN NO EVENT SHALL VIAWEST OR ITS EMPLOYEES, AFFILIATES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST OR IMPUTED PROFITS, REVENUE, DATA, OR USE, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED, INCLUDING, WITHOUT LIMITATION, LEGAL THEORIES OF CONTRACT, TORT, OR STRICT LIABILITY, EVEN IF VIAWEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IN NO EVENT SHALL VIAWEST'S LIABILITY FOR ANY SUCH DAMAGES EXCEED THE ACTUAL DOLLAR AMOUNT PAID BY CUSTOMER FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO THE DATE THE DAMAGES OCCURRED OR THE CAUSE OF ACTION AROSE. ViaWest shall not be responsible for performance of its obligations hereunder where delayed or hindered by events beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, accident, strike or other labor disturbance, interruption of or delay in transportation or telecommunication service, act of its vendors or suppliers, or inability to obtain raw materials, supplies, or power used in or equipment needed for the provision of the Service.

9. Assignment. Customer shall not assign this Agreement without the prior written consent of ViaWest.

10. Governing Law; Arbitration. This Agreement shall be governed by the laws of the State of Colorado. Any dispute related to this Agreement shall be submitted for binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, and judgment on any award entered therein may be entered in any court of competent jurisdiction. The venue for any such arbitration shall be Denver, Colorado.

11. Dial-Up Information. Customer and members of Customer's household or business are the only authorized users of the dial-up service, and Customer warrants their compliance with this Agreement. Customer must keep its password confidential so that no one else may access the dial-up service through Customer's account. Customer is responsible for notifying ViaWest immediately upon discovering any unauthorized use of Customer's account. Customer acknowledges that (a) ViaWest may terminate Customer's dial-up connection if Customer is connected for more than 2.5 consecutive hours in order to protect ViaWest's network resources and maintain availability of the dial-up service for other customers and (b) ViaWest may disconnect a dial-up connection if there appears to be no interactive activity within a 15 consecutive minute time period. "Interactive activity" shall not include activity that is automatically generated by Customer's computer system through automated programs, scripts, re-dialers, or any other device. Customer agrees (x) to keep a dial-up connection only when actively using the dial-up service and (y) not to use any automatic method to avoid inactivity or disconnect or otherwise to maintain a connection unless actively using the dial-up service. Customer acknowledges that local access dial-up numbers may not be available in all areas and that Customer is solely responsible for determining if use of a particular dial-up number shall result in long-distance, toll, or other charges. ViaWest reserves the right in its sole discretion to change the dial-up numbers at any time.

12. Miscellaneous. This Agreement, including ViaWest's AUP and Billing and Cancellation Policy, constitutes the entire agreement between the parties with respect to the Service and supercedes all prior representations, understandings, and agreements between the parties with respect to the Service. ViaWest's AUP and the Billing and Cancellation Policy may be amended from time to time in ViaWest's sole discretion. No failure by either party to insist upon strict performance of any provision of this Agreement shall be construed as a waiver of any of its rights hereunder. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed as nearly as possible to reflect the original intent of the parties and the remainder shall remain in full force and effect. All terms and provisions of this Agreement that should be their nature survive the termination of this Agreement shall so survive, including, without limitation, Sections 3, 4, 6, 7, 8, 10, 11, and 12.