SBC Services

GENERAL SERVICES

This Service Agreement ("Agreement") applies to the purchase from Sbc-Services.com and its affiliates (collectively, "Sbc-Services.com") of all services selected by Customer on the Order Form and the Domain Name Registration Form, as applicable, (collectively, the "Services"); provided, however, if Customer is also ordering colocation and/or web site production services, Customer is also required to sign the agreements specific to those services. Sbc-Services.com reserves the right to modify its network and facilities used to provide the Services for purposes any reason, including, but not limited to, accommodating evolving technology and increased network demand, and providing enhanced services. Sbc-Services.com shall use reasonable efforts to notify Customer of any planned changes to Sbc-Services.com's network or facilities that may adversely affect the Services provided hereunder. This agreement does not apply to customers which resell Sbc-Services.com services. Such resellers must sign the Sbc-Services.com Reseller Agreement.

TERM AND CANCELLATION POLICY

This Agreement shall commence on the date of Sbc-Services.com's acceptance hereof and continue for a term which corresponds to the payment option specified by Customer on the Order Form or Domain Name Registration Form, as applicable (the "Initial Term"). This Agreement will be automatically renewed for a similar term at the end of the Initial Term or any renewal there of not less than five (5) days prior to the end of the then current term (a) customer notifies Sbc-Services.com in writing that it elects a different payment option and thereafter the new payment option shall control the term or (b) either party provides written notice to the other of its election to terminate this Agreement at the end of the then current term. If Customer cancels any services it shall remain obligated to pay all fees due therefore for the remaining portions of the current term, and if Sbc-Services.com has purchased any equipment on behalf of Customer, including but not limited to circuits and/or routers, Customer shall assume responsibility for the payments for such equipment. In the case of credit card orders, all termination requests should be signed by Customer's primary contact person on the account who must provide the last four digits of the credit card on file with Sbc-Services.com. Sbc-Services.com shall not be liable for unauthorized termination of an account. Any termination by Sbc-Services.com or Customer shall not relieve Customer of its obligation to pay fees incurred prior to such termination. Sbc-Services.com reserves the right to terminate this Agreement without cause prior to the end of the term upon thirty (30) days written notice to Customer.

30 DAY MONEY BACK GUARANTEE -

If at any time during the first 30 days of hosting, starting on the day the order was initially accepted the customer notifies Sbc-Services.com that it is dissatisfied with Sbc-Services.com's hosting services and wants Sbc-Services.com to terminate such hosting services, Sbc-Services.com will forthwith terminate its hosting services and will refund 100% of all Hosting fees paid by the customer to Sbc-Services.com. This "fee" refund does not include; setup, domain name registration, excessive bandwidth, and/or termination fee.

All Refunds will be made to the credit card the initial charge was made on. To obtain a refund simply send an e-mail to info@Sbc-Services.com from the e-mail account you opened the account with (for security purposes), requesting a cancellation of service. Please provide your account number, and domain name(s). If you have any questions about the cancellation process, please e-mail us at info@sbc-services.com

BILLING AND PAYMENT

Pricing: During the term of this Agreement, Customer shall pay the fees for the Services that are set forth on the Order Form and Domain Name Registration Form, as applicable. All fees are due in advance. Such fees may include taxes, fees or assessments by governmental agencies and Sbc-Services.com shall have the right, at any time, to pass through and invoice to Customer any new or increased taxes, fees, assessments or other charges imposed on or required to be collected by Sbc-Services.com by any governmental agency.

Terms Of Payment: Invoices are due and payable upon receipt. All payments shall be made in U.S. currency.

Service Continuation After Initial Term: The fees set forth in the Order Form or Domain Name Registration Form are guaranteed during the Initial Term of this Agreement. If Customer continues to receive the Services after the Initial Term without entering into a new agreement or agreement extension, the fees charged after the Initial Term shall be at the then standard Sbc-Services.com rates for such services.

Service Charge: Customer will pay a late payment charge equal to 1.5% (or the highest amount permitted by law, whichever is lower) per month or portion thereof on the outstanding balance of any invoice.

Suspension Or Interruption Of Service For Non-Payment: In the event Customer does not pay its account when due, Sbc-Services.com may, in its sole discretion, suspend, interrupt or disconnect the Services. In the event of such suspension, interruption or disconnection, Customer may be required to post a deposit or such other security, as Sbc-Services.com deems necessary in order to resume receiving the Services. Suspension of website services occurs 5 days after original bill date. Suspension of email services occurs 15 days after original bill date. A reactivation fee of $9.95 will be assessed to reinstate any account that has been interrupted for Non-Payment. This fee is not waivable.

ACCEPTABLE USES

Customer shall at all times adhere to the Sbc-Services.com Acceptable Use Policy located at http://www.Sbc-Services.com/legal.html , as amended from time to time by Sbc-Services.com effective upon posting of the revised policy at the URL. Notwithstanding anything to the contrary contained herein, Sbc-Services.com may immediately take corrective action, including disconnection or discontinuance of any and all Services, or terminate this Agreement in the event of notice of possible violation by Customer of the Sbc-Services.com Acceptable Use Policy. In the event Sbc-Services.com takes corrective action due to a violation of the Sbc-Services.com Acceptable Use Policy, Sbc-Services.com shall not refund to Customer any fees paid in advance of such corrective action.

IP ADDRESS OWNERSHIP

Sbc-Services.com shall maintain and control ownership of all IP numbers and addresses that may be assigned to Customer by Sbc-Services.com and Sbc-Services.com reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

CACHING

Customer expressly (i) grants to Sbc-Services.com a license to cache the entirety of Customer's Web Site, including content supplied by third parties, hosted by Sbc-Services.com under this Agreement and (ii) agrees that such caching is not an infringement of any of Customer intellectual property rights or any third party's intellectual property rights.

BANDWIDTH AND/OR DISK USAGE

Customer agrees that bandwidth and/or disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form. Sbc-Services.com shall monitor the Customer's usage. If bandwidth or disk usage exceeds the agreed upon number of megabytes per month, Sbc-Services.com, in its sole discretion, may assess additional standard charges, disconnect or discontinue any and all Services, or terminate this Agreement. In the event that Sbc-Services.com elects to take such action, Customer shall not be entitled to a refund of any fees paid in advance of such corrective action.

EQUIPMENT

Sbc-Services.com is acting only as a reseller and/or provider of any hardware, software, circuit and equipment (collectively, the "Equipment") offered under this Agreement. All equipment will be manufactured by a third party. Sbc-Services.com shall not be responsible for any changes in Service(s) that cause Equipment to become obsolete, require modification or alteration, or otherwise effect the performance of the Service(s). Any malfunction or manufacturer's defects of Equipment either sold or provided by Sbc-Services.com to Customer or purchased directly by Customer used in connection with the Service(s) will not be deemed a breach of Sbc-Services.com's obligations under this Agreement. Any rights or remedies Customer may have regarding the performance or compliance of Equipment are limited to those rights extended to Customer by the manufacturer of such Equipment. Customer is entitled to use any Equipment supplied by Sbc-Services.com only in connection with Customer permitted use of the Service(s). Customer shall not resell, transfer, export or re-export any Equipment, or any technical data derived there from, in violation of any applicable United States or foreign law.

DISCLAIMER OF WARRANTY

Customer acknowledges and agrees that Sbc-Services.com exercises no control over, and accepts no responsibility for, the content of the information passing through Sbc-Services.com's host computers, network hubs and points of presence (the "Sbc-Services.com Network") or the Internet. NEITHER Sbc-Services.com, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT Sbc-Services.com PROVIDES. NEITHER Sbc-Services.com, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE REPRESENT OR WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. Sbc-Services.com IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CLIENTELE VIA THE SERVICE(S) PROVIDED BY Sbc-Services.com.

INDEMNIFICATION

Customer will indemnify, save harmless, and defend Sbc-Services.com and all directors, officers, employees, and agents of Sbc-Services.com (collectively "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys' fees) arising out of or relating to the use of the Services by Customer, including, but not limited to, any violation of the Sbc-Services.com Acceptable Use Policy. Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business.

LIMITATION OF LIABILITY

IN NO EVENT SHALL Sbc-Services.com BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF Sbc-Services.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sbc-Services.com's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by Customer for the Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so that the above limitations or exclusions may not apply to Customer. In such jurisdictions, Sbc-Services.com's liability (and the liability of its directors, officers, employees, affiliates, agents, content providers and service providers) shall be limited to the greatest extent permitted by applicable law.

FORCE MAJEURE

Sbc-Services.com shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.

INTELLECTUAL PROPERTY

Customer represents and warrants that Customer's use of the Services shall not infringe the intellectual property or other proprietary rights of Sbc-Services.com or any third party. Customer further acknowledges that all right, title and interest in any and all technology, including the software that is part of or provided with the Services and any trademarks or service marks of Sbc-Services.com (collectively, "Sbc-Services.com Intellectual Property") is vested in Sbc-Services.com and/or in Sbc-Services.com's licensors. Unless otherwise specifically provided in this Agreement, Customer shall have no right, title, claims or interest in or to the Sbc-Services.com Intellectual Property. Customer may not copy, modify or translate the Sbc-Services.com Intellectual Property or related documentation, or decompile, disassemble or reverse engineer the Sbc-Services.com Intellectual Property, or use it other than in connection with the Services, or grant any other person or entity the right to do so. Unless otherwise specifically provided in this Agreement, Customer is not authorized to distribute or to authorize others to distribute the Sbc-Services.com Intellectual Property in any manner without the prior written consent of Sbc-Services.com; provided, however, that nothing in this sentence would preclude Customer from using the Sbc-Services.com Intellectual Property as incorporated in the Services. This paragraph shall not operate to extinguish, restrict, vary, waive or affect in any manner whatsoever any right, title or interest which Customer may now have or hereafter acquires in, or in relation to, the third-party software that is part of or provided with the Services solely to the extent such third-party licensors publicly provide such rights, title or interest in the third-party software to Customer.

CONFIDENTIAL INFORMATION

Each party acknowledges that, in the course of the performance of this Agreement, it may have access to customer information and communications, including proprietary information claimed to be unique, secret, or confidential, and which constitutes the exclusive property and trade secrets of the other party ("Confidential Information"). Except as provided in Sbc-Services.com's Acceptable Use Policy (AUP), each party agrees to maintain the confidentiality of the Confidential Information and to use the Confidential Information only to the extent necessary for legitimate business uses in connection with this Agreement. Upon request of either party or on termination or expiration of this Agreement, each party shall return the Confidential Information of the other party then in its possession. Nothing in this Agreement shall prohibit or limit either party's use of information which (a) is now, or hereafter becomes, publicly known or available through lawful means; (b) is rightfully in receiving party's possession, as evidenced by receiving party's records; (c) is disclosed to the receiving party without confidential or proprietary restriction by a third party who rightfully possesses and rightfully discloses the information; (d) is independently developed by the receiving party without any breach of this Agreement; (e) is the subject of a written permission to disclose provided by the disclosing party; or (f) is required by law to be disclosed. Customer further agrees and acknowledges that Sbc-Services.com may disclose Customer account information in accordance with Sbc-Services.com's AUP and Privacy Policy, located at http://www.sbc-services.com, as amended from time to time by Sbc-Services.com effective upon posting of the revised policy at the URL.

CUSTOMER DATA

Customer is responsible for its content residing on sbc-services.com servers, and except as otherwise agreed with sbc-services.com, for the backup thereof.

SERVICES

DOMAIN NAME REGISTRATION

1. Bulk Register Services. Sbc-Services.com has entered into an agreement with an accredited domain name Bulk Register, Bulk Register (Bulk Registers) ("Bulk Register") to provide Customer with domain name registration services, for any requests by Customer to Sbc-Services.com to register an Internet domain name. As consideration for the domain name registration services provided by Bulk Register to Customer, on behalf of Sbc-Services.com, Customer agrees to pay Sbc-Services.com, prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the Sbc-Services.com price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. Sbc-Services.com reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until Sbc-Services.com has received actual payment of the registration fee, and has confirmed Customer's registration in an email from Sbc-Services.com to the email address indicated in Customer's registration application.
2. Cancellation; Reinstatement. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Sbc-Services.com) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to Sbc-Services.com as the paying entity for that registration to the registry and that Sbc-Services.com reserves all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Sbc-Services.com will reinstate Customer's domain name registration solely at Sbc-Services.com's discretion, and subject to receipt of the initial registration or renewal fee and the then-current reinstatement fee.
3. Renewal. Customer will be notified when renewal fees are due. Should these fees go unpaid Customer's registration will be cancelled. Payment must be made by credit card or such other method as Sbc-Services.com may indicate in the registration application or renewal form. Sbc-Services.com will renew Customer's name for Customer provided Customer's credit card or other billing information is available and up to date, unless Customer instructs Sbc-Services.com otherwise within the time specified.
4. Transfer. Customer will be responsible for all costs and fees associated with the registration of Customer's domain name including, but not limited to, all costs and fees for moving or transferring such domain name. Under no circumstances shall Sbc-Services.com be responsible for this cost.
5. Use of Personal Information; Updated Information. Bulk Register and/or Sbc-Services.com will collect certain personal information (including, without limitation, contact information such as name, address, email address and telephone number) ("Personal Information") from Customer during the registration process. Customer agrees and acknowledges that Bulk Register will share Personal Information that Customer provide (or that is gathered about Customer during the registration process, including, for example, Customer's primary domain name server and the like), or that Bulk Register or Sbc-Services.com otherwise maintains, with one another, with the Internet Corporation for Assigned Names and Numbers ("ICANN"), with registry administrator(s), and with other third parties as ICANN and applicable laws and/or policy may require or permit. Customer further agrees and acknowledges that Bulk Register and/or Sbc-Services.com shall be permitted (and in some cases may be required) to make publicly available, or directly available to third party vendors, some, or all, of the Personal Information or domain name registration information Customer provides, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by ICANN and applicable laws. Customer may access Customer's Personal Information and/or domain name registration information in Bulk Register's or Sbc-Services.com's possession to review, modify or update such information, through a Sbc-Services.com information maintenance interface ("Sbc-Services.com Interface") that is accessible on the Sbc-Services.com website. We will not process data about any identified or identifiable natural person that we obtain from Customer in a way incompatible with the purposes and other limitations which we describe in this Agreement. Bulk Register will take reasonable precautions to protect the information it obtains from Customer from loss, misuse, unauthorized access or disclosure, alteration or destruction. Customer hereby irrevocably waives any and all claims and causes of action Customer may have arising from such disclosure or use of Customer's Personal Information and/or domain name registration information by Bulk Register or Sbc-Services.com.
6. ICANN Guidelines. Additionally, Customer acknowledges that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that Bulk Register or Sbc-Services.com may or must make available to the public or to private entities, and the manner in which such information is made available. Customer hereby consents to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by Customer in connection with the registration of a domain name (including any updates to such information), whether during or after the term of Customer's registration of the domain name.
7. Third Party Data. In the event that, in registering the domain name, Customer is providing information about a third party, Customer hereby represents that Customer has (1) provided notice to that third party of the disclosure and use of the party's information as set forth in this Agreement, and (2) that Customer has obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.
8. Accuracy of Data. Customer acknowledges that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of Customer's domain name registration. (In addition, under certain federal laws, such provision of inaccurate or false information is one factor in determining whether Customer may have violated the trademark rights of another party in registering a domain name confusingly similar to such party's trademark.) Customer further agrees that Customer's failure to respond for over fifteen (15) calendar days to inquiries by Bulk Register and/or Sbc-Services.com concerning the accuracy of contact details associated with Customer's registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of Customer's domain name registration.
9. Third-Party Proprietary Rights: Sbc-Services.com makes no representations concerning and does not guarantee that Customer's domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Customer agrees to be bound by the terms of the Domain Name Registration Agreement, Domain Name Dispute Policy which is posted at http://www.icann.org/udrp, and related agreements that Customer will be asked to review and indicate Customer's acceptance of during the domain name registration process.
10. Welcome Page. Customer consents to Sbc-Services.com's activation ("parking") of the registered domain name on a "Welcome Page" containing a notice, "Welcome to my Future Website." Such "Welcome Page" indicates that Sbc-Services.com registered the domain name, and links to Sbc-Services.com websites. This "Welcome Page" may be replaced by the Customer when the Customer contracts for web hosting and posts Customer's own content.

MISCELLANEOUS

GOVERNING LAW AND JURY TRIAL WAIVER. The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey. The parties hereto specifically waive any right they may have to a trial by jury in any action hereunder.

ENFORCEMENT OF AGREEMENT

In the event it is necessary for Sbc-Services.com to enforce its rights under this agreement, Customer agrees to pay all fees incurred by Sbc-Services.com (including, but not limited to, attorney's fees and collection agency fees)

AMENDMENT OR WAIVER

Except as otherwise provided herein, this Agreement may not be amended except upon the written consent of Customer and an officer of Sbc-Services.com. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.

ASSIGNMENT AND SEVERABILITY

This Agreement shall be binding upon and inure to the benefit of Customer, Sbc-Services.com and their respective successors, and assigns. Customer may not assign this Agreement without the prior written consent of Sbc-Services.com, which consent will not be unreasonably withheld. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

NOTICES

All notices to Customer hereunder shall be given at the Billing Address provided on the signature page hereto. All notices to Sbc-Services.com hereunder shall be given to:

Sbc-Services.com

Attention: Legal Department

Any notice hereunder shall be in writing and shall be given by registered, certified or Express mail, or reliable overnight courier addressed to the addresses in this Agreement, or by confirmed e-mail or facsimile. Notice shall be deemed to be given upon the earlier of actual receipt or five (5) days after it has been sent, properly addressed and with postage prepaid.

ENTIRE AGREEMENT

This Agreement, and any other document or agreements specifically identified in this Agreement, supercedes all previous representations, understandings or agreements and represent the entire agreement between the parties hereto.

ACCEPTANCE OF SERVICES

ACTIVATION OF SERVICE SHALL INDICATE Sbc-Services.com's ACCEPTANCE OF THIS AGREEMENT. USE OF THE Sbc-Services.com NETWORK CONSTITUTES ACCEPTANCE OF THIS AGREEMENT BY THE CUSTOMER. CUSTOMER represents and warrants that Customer has full authority and right to enter into this Agreement. Customer further represents and warrants that Customer is at least 18 years of age.