Logic 1 Design and Services -- Policy Statement

Web Hosting Policy

Phone: (602) 499-7786 Fax: (602) 938-6521

Policy Statement Version Number: 2.2      [ 2002 ]

POLICY FOR DATA STORAGE AND TRANSFER

"Policy Statement"

WHEREAS, Logic 1 Design and Services, LLC, hereafter referred to as Logic 1 is an information provider connected to the Internet. Logic 1 offers storage and transfer services over the Internet through access to its Web Server;

WHEREAS, Client seeks to utilize Logic 1's server for its own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Logic 1 can make no guarantee that any given reader shall be able to access Logic 1's server at any given time.  Logic 1 represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

I.   Financial Arrangements

1.    Client agrees to a one (1) year contract.
           Client agrees to pay Logic 1 for services rendered 
           annually. (30 day money back guarentee)

2.    First years payment shall be due upon receipt of the order.

3.    All setup, domain name or custom fees shall be due upon receipt 
           of the order.

4.    Payment of invoices must be received at the office of
           Logic 1 Design and Services, 4346 W. Acoma Dr.
           Glendale, AZ 85306, by 5pm (Arizona Time) on the due date or client 
           agrees to pay a $10.00 late payment charge.  Logic 1 reserves the
           right to deactivate any account which is overdue in payment.

5.    This agreement will automatically renew for successive one (1)
           year periods unless canceled in writing 30 days prior to the annual
           renewal date.

II.     Taxes

Logic 1 shall not be liable for any taxes or other fees to be paid in 
        accordance with or related to purchases made from Client or Logic 1's 
        server.  Client agrees to take full responsibility for all taxes 
        and fees of any nature associated  with such products sold.

III.    Material and Products

1.      Client will provide Logic 1 with material and data  in a 
        condition that is "server-ready",  which is in a form requiring no 
        additional manipulation on the part of Logic 1.  Logic 1 shall make 
        no effort to validate this information for content, correctness or 
        usability

2.      Logic 1 will exercise no control whatsoever over the content 
        of the information passing through the network.  Logic 1 makes no 
        warranties or representations of any kind, whether expressed or implied 
        for the service it is providing.  Logic 1 also disclaims any warranty 
        of merchantability or fitness for particular purpose and will not be 
        responsible for any damages that may be suffered by the Client, 
        including loss of data resulting from delays, non-deliveries or service 
        interruptions by any cause or errors or omissions of the Client. Use of 
        any information obtained by way of Logic 1 is at the Client's own 
        risk, and Logic 1 specifically denies any responsibility for the 
        accuracy or quality of information obtained through its services. 
        Connection speed represents the speed of a connection to and does
        not represent guarantees of available end to end bandwidth. Logic 1 
        expressly limits its damages to the Client for any non-accessibility 
        time or other down time to the prorata monthly charge during the 
        system unavailability.  Logic 1 specifically denies any 
        responsibilities for any damages arising as a consequence of such 
        unavailability. In the event that this material is not "Server-ready", 
        Logic 1 may, at its option and at any time, reject this material, 
        including but not limited to after it has been put on Logic 1's
        Server.  Logic 1 agrees to notify Client immediately of its refusal of
        the material and afford Client the opportunity to amend or modify the 
        material to satisfy the needs and/or requirements of Logic 1.  If the 
        Client fails to modify the material, as directed by Logic 1, within a 
        reasonable period of time, which shall be determined between the 
        parties themselves, the Agreement shall be deemed to be terminated.

3.	Excessive CPU usages - Client will not be allowed to use 
        excessive amounts of CPU processing on any of our servers or face 
        immediate suspension. This includes a maximum Transfer Bandwidth
        of 2GB per month. Exceeding this usage limit may result in additional
        charges for the months effected.

4.	Client may not at any time provide access to, or use 
        of, scripts installed on the webserver for use by a third party 
        (websites not hosted at Logic 1).
  
IV.     Trademarks & Copyrights

Client warrants that it has the right to use the applicable 
        trademarks, if any, and grants Logic 1 the right to use such trademarks 
        in connection with Logic 1's Server service.

V.      Hardware, Equipment & Software

The customer is responsible for and must provide all telephone, 
        computer, hardware and software equipment and services necessary 
        to access Logic 1.  Logic 1 makes no representations, warranties or 
        assurances that the Customer's equipment will be compatible with the
        Logic 1 service.

VI.     Age

The Customer certifies that he or she is at least 18 years of age.

VII.    Internet Etiquette

Electronic forums such as mail distribution lists and Use Net news 
        groups all have expectations regarding subject area and appropriate 
        etiquette for posting.  Users of these forums should be considerate 
        of the expectations and sensitivities of others on the network when 
        posting material for electronic distribution. The network resources 
        of Logic 1 may not be used to impersonate another person or
        misrepresent authorization to act on behalf of others or Logic 1.
        All messages transmitted via Logic 1 should correctly identify the
        sender; users may not alter the attribution of origin in electronic
        mail messages or posting.  
        Users may not utilize Logic 1's network resources to perform, be the
        target of, or in any way be involved in mass-mailing or "spamming" of 
        any kind.  Users must not attempt to undermine the security or 
        integrity of computing systems or networks and must not attempt to 
        gain unauthorized access.

VIII.   Termination

This Agreement may be terminated by either party, without cause, by 
        giving the other party 30 days written notice. In such event,  the 
        canceling party will be required to pay to other party an amount equal
        to the unused portion of service excluding any setup charges.
        Notwithstanding the above,  Logic 1 may terminate service under this 
        Agreement at any time, without penalty, if the Client fails to comply 
        with the terms of this Agreement.

IX.     Limited Liability

1.    Client expressly agrees that use of Logic 1's Server is at
        Client's sole risk.  Neither Logic 1, its employees, affiliates,
        agents, third party information providers, merchants licensers or
        the like, warrant that Logic 1's Server service will not be
        interrupted or error free;  nor do they make any warranty as to
        the results that may be obtained from the use of the Server
        service or as to the accuracy, reliability or content of any
        information service or merchandise contained in or provided
        through the Logic 1 Server service, unless otherwise expressly
        stated in this Agreement.

2.    Under no circumstances, including negligence,  shall Logic 1, its 
        offices, agents or any one else involved in creating, producing or 
        distributing Logic 1's Server service be liable for any direct,
        indirect, incidental, special or consequential damages that result from
        the use of or inability to use the Logic 1 Server service; or that
        results from mistakes, omissions, interruptions, deletion of files,
        errors, defects, delays in operation, or transmission or any failure of
        performance, whether or not limited to acts of God, communication
        failure, theft, destruction or unauthorized access to Logic 1's records,
        programs or services. Client hereby acknowledges that this paragraph
        shall apply to all content on Logic 1's Server service.

3.    Notwithstanding the above, Client's exclusive remedies for all 
        damages, losses and causes of actions whether in contract, tort 
        including negligence or otherwise, shall not exceed the aggregate 
        dollar amount which Client paid during the term of this Agreement 
        and any reasonable attorney's fee and court costs.

X.      Lawful Purpose

Client may only use Logic 1's Server for lawful purpose. Transmission 
        of any material in violation of any Federal, State or Local
        regulation is prohibited.  This includes, but is not limited to 
        copyrighted material, material legally judged to be threatening or 
        obscene, or material protected by trade secrets.  Logic 1 expressly
        forbids anyone from using Logic 1's servers for the propogation,
        distribution, housing, processing, storing, or otherwise handling in 
        any way lewd, obscene, or pornographic material, or any other material 
        which we deem to be objectionable, including, but not limited to,
        pornography, satanic materials, and any and all materials of an adult
        nature. The designation of any materials as such described above is 
        left entirely to the discretion of the Logic 1 management.

XI.     Indemnification

Client agrees that it shall defend, indemnify, save and hold Logic 1 
        harmless from any and all demands, liabilities, losses, costs and 
        claims, including reasonable attorneys' fees, ("Liabilities") asserted 
        against Logic 1, its agents, its customers, servants officers and
        employees, that may arise or result from any service provided or
        performed or agreed to be performed or any product sold by Client,
        its agents, employees or assigns.  Client agrees to defend, indemnify
        and hold harmless Logic 1 against Liabilities arising out of (i) any
        injury to person or property caused by any products sold or otherwise
        distributed in connection with Logic 1's Server; (ii) any material
        supplied by Client infringing or allegedly infringing on the
        proprietary rights of a third party; (iii) copyright infringement
        and (iv) any defective product which Client sold on Logic 1 Server.

XII.    Value Added Reselling

1.    Client is allowed to resell the storage and transfer services
        provided to it by Logic 1.  Client agrees to handle and is responsible
        for all third-party customer's content, support, and handling of set-up
        and maintenance.

2.    Client may not at any time resell, provide access to, or use 
        of, scripts installed on the webserver for use by a third party 
        (websites not hosted at Logic 1).
  
XIII.   Changes to Policy Statement

Client acknowledges and agrees that this Policy Statement on 
        the registration and use of data storage accounts may change from 
        time to time and that, upon thirty (30) days posting on the Internet
        at:  http://logic1design.com/policy.html, Logic 1 may modify or amend
        the terms of this Policy Statement.
      
        This Agreement constitutes the entire understanding of the parties.

Any changes or modifications thereto must be in writing and signed by 
        both parties.

This Agreement shall be governed in all respects by and construed 
        in accordance with the laws of the United States of America and the
        State of Arizona.

Legal and Copyright

For more information contact Dan Walker (602) 499-7786 or send e-mail to

websales at logic1design.com