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Web Hosting Contract

The CJM Group, Inc. provides Internet World Wide Web page hosting, Marketing, and Development. The CJM Group, Inc. has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.

The CJM Group, Inc. general policy is to act as a provider of Internet presence. The CJM Group, Inc. has specific ethical concerns regarding the use of its computers detailed below. The CJM Group, Inc. reserves the right to suspend or cancel a customer's access to any or all services provided by The CJM Group, Inc. when we decide that the account has been inappropriately used.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of The CJM Group, Inc. is strictly prohibited.

Unauthorized use of other people's accounts or computers is strictly prohibited.

The CJM Group, Inc. will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a The CJM Group, Inc. customer, whether or not the attacked account or computer belongs to The CJM Group, Inc., will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE - The CJM Group, Inc. has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

Customers may not run IRC, bots or clients. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by The CJM Group, Inc. to be unacceptable use of The CJM Group, Inc.'s services including abuse of server resources.

Accounts may be terminated that include the following content or which have links to the following content:

· Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity

· Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual

· Displaying material containing obscene nudity or pornographic material

· Displaying material that exploits children less than 18 years of age

· Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities

Abuse of Traffic

The CJM Group, Inc.'s customers are privileged to be offered high traffic limits for their web sites. The intention of The CJM Group, Inc. is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on The CJM Group, Inc.'s server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of The CJM Group, Inc. management. Any customer who violates The CJM Group, Inc.'s Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages.

To maintain the integrity of our service the following limitations apply:

Sites with banners, graphics or scripts running from their domain used on other domains. Sites with picture galleries (This is any site where 50% of the files transferred is graphics). Sites offering download files or archives. (This is any site where 50% or more of their monthly traffic is from file downloads). Sites using more than 30% of system resources for longer than 60 seconds. Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3).

For those who will go over their account's allocated limit (1GB, 2 GB or 4 GB per month), traffic fees for over-the-limit usages will apply. For every over the limit GB, $20.00 per 1GB per month will be billed to your account. If you want to pre-pay for 5 GB bandwidth overages (recommended), you will only be billed $20.00 for 5 GB per month. It is therefore better to pre-pay for the 5 GB before exceeding the limit. To be sure to never exceed the limit, watch your bandwidth consumption very closely.

You will receive a notice detailing your bandwidth usage.

You will have 7 days to visit to pay for your overages. If you do not pay for your overages your site will be disabled within 7 days of your first notice.

The CJM Group, Inc. will be the sole arbiter as to what constitutes a violation of this provision.

Unsolicited Email (Spam)

Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Upon your first Spam offense your mail will be disabled for 72 hours. Upon your second Spam offense your entire domain will be disabled for 72 hours and you will be fined $100.00 per sent Spam. Upon your third offense your account with The CJM Group, Inc. will be terminated, you will be fined $200.00 per sent Spam. No refunds will be given if your account is terminated for Spam.

Uptime Guarantee

(1.) Coverage
Our uptime guarantee applies to any of The CJM Group, Inc. clients in good financial standing with The CJM Group, Inc. at the time of a service outage.

(2.) Service Level
The CJM Group, Inc. endeavors to have the content of your web site available for http access by any party in the world at all times. However, should incidents beyond our control occur (floods, earthquakes, etc. affecting you or affecting us: see restrictions below), we cannot be held responsible for the lack of Internet access to your Web site.

(3.) Credits
In the event that your web site is not available for more than a day, The CJM Group, Inc. will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month.

In order for you to receive a credit on your account, you must request such credit within ten (10) days after you experienced the down time. You must request credit by sending an electronic mail message to refunds@cjmgroup.com. For security, the body of this message must contain your account info, the dates and times of the unavailability of your website, and such other customer identification requested by The CJM Group, Inc. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage. Credits are defined as additional hosting time added to your account because of our not meeting our uptime guarantee. Thus, a one-month credit means that you will be given a free month of Web-hosting to be used towards the end of your contract term. Because refunds are not given, early termination will also cause you to lose any credit you may have earned during your hosting time with us.

(4.) Restrictions
Credits shall not be provided to you in the event that you have any outage resulting from (1.) scheduled maintenance as posted from time to time at The CJM Group, Inc., (2.) your behavior or the performance or failure of your equipment, facilities or applications, or (3.) circumstances beyond The CJM Group, Inc.'s 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, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, or (4.) a client breaking any item in The CJM Group, Inc.'s "terms of conditions and acceptable use policy" causing a machine to fail as a result.

Scripts

Your account may come with various scripting ability. You are free to use any scripts you wish, however we reserve the right to disable any script, template, or program that effects normal server operation without prior warning.

Chat Rooms

We do not allow clients to install their own chat rooms, without approving it with the The CJM Group, Inc. Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.

Abuse of SMTP Mail Server

We do not allow clients to send more than 2000 pieces of e-mail per day. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $100.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact us to have your domain moved.

Background Running Programs

We MAY allow programs to run continually in the background. BUT, these are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. You need to contact us first before installing any such program.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

24 Hour Guarantee

We will setup your account within 24 hours of confirming and/or receiving your payment.

Backup Policies

We strive to backup all of our customer data every 24 hours. Customers must understand that these backups are meant for whole servers, not individual accounts. In other words, if the whole server fails, we may be able to restore ALL server accounts up to the last 48 hours, but we may not restore accounts on a per customer basis. Customer must therefore ensure that their accounts are individually backed up by themselves at least every day. It is important for customers to understand that their daily backup may at times be more current than our backup if our backup goes back to the previous night. They must also understand that restoring all account on a given server after a server crash can take up to 72 hours. A customer with a personal, current backup may, at times, be able to restore their own account faster than us. We therefore highly recommend backing up your accounts personally every day.

Payment Policies

Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing and account configurations are guaranteed only for the term of pre-payment. In other words, if you pre-paid your account for 3 months, and prices go up or account configurations change, your account will be subject to the new terms when you renew it at the end of your pre-pay term. The CJM Group, Inc. reserves the right to change prices and configurations at any time, unless other terms have been agreed upon on an individual basis. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies The CJM Group, Inc. of his/her desire to request for termination of services.

Terminations initiated by the customer may not be immediate. If you have pre-paid for service, you must use the rest of the days covered by the term of hosting. There is no refund for early termination or for any other form of termination. If an account is terminated for non-payment the account must be brought current and a $100 fee must be paid in advance to re-establish service. The CJM Group, Inc. reserves the right to require a deposit in addition to the abovementioned fees. All payment is in U.S. currency.

The CJM Group, Inc. will bill each client $50 per returned check, per wire transfer received and per credit card charge back received. All The CJM Group, Inc. accounts are setup and billed on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length unless you notify us of your desire to terminate the contract at its term. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $100.00 fee. Please contact the billing department at billing@cjmgroup.com should you wish to change your anniversary billing cycle. Customer agrees to be responsible for all collection costs incurred by The CJM Group in an effort to collect monies owed by customer to The CJM Group, Inc. Customer agrees that any and all court action associated with the collection of monies owed to The CJM Group, Inc., shall take place in the City and County of Salt Lake, Utah.

Cancellation & Refund Policy

The CJM Group, Inc. reserves the right to cancel service at any time. All fees paid in advance of cancellation cannot be refunded by The CJM Group, Inc. if The CJM Group, Inc. institutes its right of cancellation due to a fault by the customer. The CJM Group, Inc. will refund hosting fees only in case of cancellation due to the Company going out of business or being unable to satisfy a customer's request for an account within the a given amount of time. Setup fees are not refundable, unless we were unable to perform the services ordered by you. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space, etc.)

All of The CJM Group, Inc.'s Web-hosting plans are non-refundable. If you are not completely satisfied with our services or support, you may elect not to renew your contract at the expiration of your term of hosting (3, 6, 9 or 12 months). You must however notify us at least 30 days in advance. Setup and other fees paid by you for specific services are refundable only if we are unable to perform the services ordered by you within a reasonable amount of time. Due to security concerns, a number of steps will be taken to ensure that the person requesting cancellation is the person who owns the account. Phone or email requests will not constitute acceptance of any cancellation until we have implemented other checks and balances. Refunds will be made by company check (US only) or issued back to your credit card within 30 days of receipt of cancellation.

Intellectual Property Rights

Material accessible to you through The CJM Group, Inc.'s services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use The CJM Group, Inc. or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the The CJM Group, Inc. network. If you use a domain name in connection with The CJM Group, Inc. or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use the CJM Group, Inc. network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. The CJM Group, Inc. will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Electronic Commerce

You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.

You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

Static / Dynamic Content Caching

You expressly (i) grant to The CJM Group, Inc. a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by The CJM Group, Inc. under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

IP Address Ownership

The CJM Group, Inc. shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by The CJM Group, Inc. and The CJM Group, Inc. reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Domain Name Registration

If requesting domain name registration through us, Customer agrees to pay The CJM Group, Inc. prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the The CJM Group, Inc. 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, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. The CJM Group, Inc. reserves the right to change fees, surcharges, and 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 we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from The CJM Group, Inc. to the email address indicated in Customer's registration application. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by The CJM Group, Inc.) 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 The CJM Group, Inc. as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. The CJM Group, Inc. will reinstate Customer's domain name registration solely at The CJM Group, Inc.'s discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Lawful Purpose

The CJM Group, Inc. reserves the right to refuse service to anyone. Customers may only use The CJM Group, Inc. 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, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of The CJM Group, Inc. management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in salt Lake County, Utah, and any dispute will be litigated or arbitrated in Salt Lake County, Utah. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in salt Lake County, UT courts. IN NO EVENT SHALL THE CJM GROUP, INC.'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD THE CJM GROUP, INC. HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST THE CJM GROUP, INC., ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLO YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE CJM GROUP, INC. AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH THE CJM GROUP, INC.'S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM THE CJM GROUP, INC.'S SERVER.

Disclaimer

THE CJM GROUP, INC. WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. THE CJM GROUP, INC. MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. THE CJM GROUP, INC. DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY THE CJM GROUP, INC. AND ITS EMPLOYEES. THE CJM GROUP, INC. RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

ALL CLIENTS, SUB-NETWORKS, AND RESELLERS OF THE CJM GROUP, INC. MUST ADHERE TO THE ABOVE POLICIES.

FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.

Privacy Statement

The CJM Group, Inc. follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.

Agreement

By hosting your account with us and by ordering any of our related services, you are, explicitly, expressly and unequivocally agreeing to the terms and provisions of this agreement, which takes a contractual effect immediately from the moment of your order to the time when the service is provided.

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Glossary

Disk Space in each of our plans comes with a specified amount of disk storage space to accommodate your different needs. The space can be used to store your HTML, graphics, audio, video and other files. Additional disk space will be charged at a rate of $.25 / MB per month or portion thereof if you exceed the disk space allotted in your plan.

Data Transfer (Traffic) is whenever there is any outbound traffic from a web site, with the exception of e-mail, it is considered data transfer. For example, each time a web page, image, midi file, quicktime video, etc. is loaded, data transfer is generated. Each of our plans includes free data transfer allowance which most website owners find plentiful. In fact, 99.9% of our customers operate within their free data transfer allowance.

Autoresponder enable your website to reply emails automatically. You can prepare standard message to be sent to all emails addressed to a certain mailbox. Many website owners find this useful to acknowledge the receipt of a subscription or an application. You can have anywhere from 2 to 25 different autoresponders set up depending on the plan you choose.

POP3 Email Accounts, you can retrieve all emails addressed to your domain on our mail server. With multiple POP3 email boxes, you can have multiple addresses, such as anna@abccompany.com, john@abccompany.com to your domain, etc. You may also set up addresses for members of your staff, or divisions within your company, such as sales@abccompany.com or info@abccompany.com. Additional email accounts can be obtained at $4 each per month.

Email Forwarding is included in each plan. Unlimited email forwarding feature which enables you to forward emails sent to various addresses to one specific email box. You can consolidate all emails, business and personal, to say, your personal mailbox at your local Internet Service Provider so that you can retrieve them all from one location.

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