Glasstree, Inc. Web Hosting - hereafter referred to as Glasstree - provides Internet web page hosting, programming and development.

Glasstree's general policy is to act as a provider of internet presence. Glasstree has various ethical concerns regarding the use of its servers as detailed in the following Terms of Usage agreement below. Glasstree reserves the right to suspend or cancel a customer's access to any or all services provided by Glasstree if it is decided that the account has been inappropriately used as defined by this agreement.

PLEASE READ THIS AGREEMENT CAREFULLY. BY ORDERING ONE OF OUR HOSTING PLANS, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. Glasstree reserves the right to reject this agreement for any reason or no reason, prior to acceptance thereof by Glasstree. Activation of the services shall indicate Glasstree's acceptance of this Agreement. Subject to the terms and conditions of this Agreement, Glasstree will provide to customer the services selected.

Usage Policy.
Under this agreement, the customer shall comply with Glasstree's then current "Terms of Usage Policy", as amended, modified or updated from time to time by Glasstree, which currently can be viewed at http://www.glasstree.com/hosting_terms.asp, and which is incorporated in this agreement for reference. Glasstree may amend, modify or update this agreement or The Terms of Usage Policy at our sole discretion, and customer shall be bound by any such amendment, modification or update. Glasstree may, but is under no obligation to, provide notice of any amendment, modification or update of this agreement or the The Terms of Usage Policy.

Glasstree does not intend to systematically monitor the content which is uploaded to, stored on or distributed or disseminated by any customer via our services (the "Customer Content"). Accordingly, under this agreement, the client will be responsible for all content and activities surrounding or related to any content distributed via Customer Content. Not withstanding anything to the contrary contained in this agreement, Glasstree may immediately take corrective action, including removal of all or a portion of the customer content and place a hold on the customer's account in the event of any violation of The Terms of Usage Policy. In the event Glasstree takes corrective action due to a violation of The Terms of Usage Policy, Glasstree shall not refund to customer any fees paid in advance of such corrective action. Customer hereby agrees that Glasstree shall have no liability to customer or any of customer's customers due to any corrective action that Glasstree may take (including, without limitation, discontinuation of Services).

Cancellation Policy & Term of Agreement.
The initial term of this agreement is determined in the original order form or request (the "Initial Term"). The Initial Term shall commence on the day the account is setup on our servers and notification about such services and been sent to the customer via e-mail. After the initial term, this agreement shall automatically renew for successive terms of equal length as the initial term, unless terminated or cancelled by either party as provided in this section. The initial term and all successive renewal periods shall be referred to, collectively, as the "Term".

Glasstree, Inc reserves the right to cancel any subscription in writing with cause. This notification can be via e-mail, fax transmission, or 1st class mail.

Important Notes:

Cancellation requests received after the required cancellation time frame (30 days prior to the annual anniversary date) will become effective at the next annual anniversary date. All cancellations must be submitted in writing via fax transmission, 1st class mail or by an authorized e-mail account.

Billing and Payment.
All fees for the services shall be in accordance with Glasstree's fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein.

Fee Structure: Fees will become due with as a anniversary billing mode (daily) or monthly anniversary mode. Glasstree reserves the right to charge your account up to 21 days prior to the due date.

Late Fees: Glasstree will assess a 1.5% late fee on any unpaid balances over 30 days.

Credit Card Chargebacks: If the customer submits a chargeback Glasstree will secure the following remedies.

• A chargeback fee of $50.00 will become immediately due and payable.
• A minimum research fee of $200 will become immediately due and payable.
• Beyond 2 hours of research time Glasstree will bill the customer in half hour increments at a rate of $93.50 per hour. All hours will be recorded and submitted to the customer for payment which will become immediately due on the date of the invoice.
• Each chargeback will incur the above referenced expenses.

Check by Phone Payment NSF or Cancellation: If the customer either cancels the check or submits a check which is returned for any reason Glasstree, Inc. will secure the following remedies:

• A minimum service fee of $35.00 will become immediately due and payable.
• If an alternate payment has not been made with 24 hours Glasstree will assess a collection fee of $200 or double the check amount whichever is greater, which will become immediately due and payable.
• Beyond 2 hours of research time Glasstree will bill the customer in half hour increments at a rate of $93.50 per hour. All hours will be recorded and submitted to the customer for payment which will become immediately due on the date of the invoice.
• Each check cancellation or NSF will incur the above referenced expenses.

If fees are not paid to Glasstree for open contracts or service fees the customer understands that Glasstree works with an external collection agency for purposes of debt collection. Glasstree reserves the right to use our internal attorney or an external collection agency in an attempt to collect on balances due. The customer acknowledges that additional fees will be required for debt collection. The current debt collection fees range between 30-35% above the amounts due. If court proceedings become necessary all attorney fees as well as court courts will be the responsibility of the customer.

CPU Usage.
Customer agrees that customer shall not use excessive amounts of CPU processing on any of Glasstree's servers. Any violation of this policy may result in corrective action by Glasstree, including assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this agreement, which actions may be taken in Glasstree's sole and absolute discretion. If Glasstree takes any corrective action under this section, customer shall not be entitled to a refund of any fees paid in advance prior to such action.

Bandwidth Usage.
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by customer. Glasstree will monitor customer's bandwidth and disk usage. The bandwidth provided for each account is as follows: 75MB account is provided up to 7,500 MB and the 100 MB account is provided up to 10,000 MB Glasstree shall have the right to assess additional fees if the customer's bandwidth or disk usage exceeds the agreed usage amounts.

Additional Usage.
Customer shall be responsible for the security and confidentiality of any customer information (including, without limitation, customer credit card numbers) that customer may receive as a result of its web site or online store.

Prohibited Content
Any type of pornographic materials, hate materials, racial materials, or unlawful practices, MP3's, Warez or other illegal content and materials are strictly prohibited and grounds for immediate termination of account.

Customer represents and warrants to Glasstree that the customer owns or has the right to use the customer content and material contained therein, including all text, graphics, sound, music, video, programming, scripts and applets, and the use, reproduction, distribution and transmission of the customer content and any information and materials contained therein does not, and will not, (i) infringe or misappropriate any copyright, patent, trademark, trade secret or any other proprietary right of a third party, or violate any criminal laws or constitute false advertising, unfair competition, defamation, an invasion of privacy, violate a right of publicity or violate any other law or regulation.

Disclaimer of Warranty.
The customer agrees to use all Services and any information obtained through or from Glasstree, at customer's own risk. Customer acknowledges and agrees that Glasstree exercises no control over, and accepts no responsibility for, the content of the information passing through Glasstree's host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF GLASSTREE, SUBSIDIARIES OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A "GLASSTREE PERSON") MAKE ANY 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 GLASSTREE PROVIDES. NO GLASSTREE PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES 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. GLASSTREE IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY GLASSTREE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY GLASSTREE PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.

Indemnification.
Customer agrees to indemnify, defend and hold harmless Glasstree, subsidiaries and affiliated companies, and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, 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 attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to customer's use of the services, any violation by customer of The Terms of Usage Policy, any breach of any representation, warranty or covenant of customer contained in this agreement or any acts or omissions of customer. The terms of this section shall survive any termination of this agreement.

Under no circumstances, including negligence, shall any Glasstree Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by customer, any of its customers, or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if Glasstree has been advised of the possibility of such damages. No Glasstree Person shall be liable to customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Glasstree's records, programs, equipment or services.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this agreement. The terms of this section shall survive any termination of this agreement.

All provisions of this Agreement shall be governed by and construed in accordance with the laws of the State of Michigan. Customer consents and agrees that venue shall be in Kalamazoo County, Michigan for any action brought with regard to this Agreement and that the courts in Kalamazoo County, Michigan shall have personal jurisdiction over Customer to the extent that personal jurisdiction may be necessary to enforce any of the provisions of this Agreement.

Force Majeure.
Glasstree shall not be liable for failure or delay in performing it 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, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the services.

Entire Agreement; Severability.
This Agreement represents the entire agreement between the parties, and supercedes all previous representations, understandings or agreements. 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.

Customer hereby represents that he, she or it is either, an individual entering this agreement for his or her personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of customer is duly authorized to accept, execute and deliver this agreement on behalf of customer.

Glasstree has zero tolerance for UBE/UCE (unsolicited bulk email/unsolicited commercial email). This policy protects our customers as well as the internet community from the negative effects of "spam" related activity. Glasstree defines UBE/UCE as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender.

Our Policies:
Glasstree customers, and customers of Glasstree customers or any user of bandwidth and/or services on our network (herein described as 'users') are prohibited from sending UBE/UCE. Users may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. Glasstree may consider the lack of such proof of explicit affirmative permission of a questionable mailing UBE/UCE at its sole discretion.

Valid complaints received by Glasstree may lead to immediate termination or suspension of the service. Glasstree may block traffic without prior notice to and from the IP address involved in the UBE/UCE complaint until the problem is resolved and preventative measures have been implemented to prevent the violation from recurring.