** Please read and click agree link at the bottom. **


EES-GENERAL WEB HOSTING SERVICE AGREEMENT TERMS AND CONDITIONS

This agreement made between E.E.S. COMPANIES, INC. ("EES") and you ("CUSTOMER") for internet/
web services selected by the CUSTOMER as outlined in the Service Plan Agreement (attachment A), incorporated
herein by reference and attached hereto.

1.                   SERVICES. This General Web Hosting Service Agreement ("Agreement") applies to the purchase
from EES of all services (collectively, the "Services") selected in the Service Plan Agreement. In
addition, if CUSTOMER engages EES COMPANIES for web site design services, and/ or domain name registration,
CUSTOMER shall also execute the agreements specific to those services.

                   TERM. This Agreement shall be for the initial term specified by the CUSTOMER on the Service Plan
Agreement (the "Initial Term"), with automatic renewals on a month to month basis (at the then current rate
of billing by EES COMPANIES) at the end of the Initial Term. The term for Domain Name Registration shall be
1 year, with automatic renewals on a month to month basis (at the then current rate of billing by EES
COMPANIES). The Initial Term and all month to
month extensions thereof are collectively referred to herein
as the "Term" of this Agreement.


3. BILLING AND PAYMENT. (a)
     Pricing: During the Term of this Agreement, CUSTOMER agrees to pay
fees for the Services set forth on the Service Plan Agreement. Such fees shall not include taxes, fees or
assessments by governmental agencies, unless so specified, and such other costs shall be the obligation of the
customer. EES COMPANIES shall have the right, at any time, to directly invoice the CUSTOMER for any new or
increased taxes, fees, assessments or other charges (other costs) imposed on or required to be collected by
EES COMPANIES by any governmental agency or otherwise and such costs shall be payable by the customer
upon receipt of invoice.

(b)     Terms and Form Payment: Invoices are due and payable upon receipt. All payments shall be made in
U.S. currency. Acceptable forms of payment include valid credit card (Visa, MasterCard, and American
Express), personal and business checks and money order (domestic or international). A $ 35.00 service fee
will be charged to CUSTOMER for all invalid, rejected or incorrect credit card information, returned checks or
other such improper form of payment. EES COMPANIES at any time during the term of this contract shall
have the right to require the CUSTOMER to pay a retainer in the amount of three months fees which shall
be replenished as required by EES COMPANIES, and also to provide a Letter of Credit from an institution
acceptable to EES COMPANIES securing the balance of the fees and costs connected with this agreement.

(c)     Service Continuation After Initial Term: The fees set forth in the Service Plan Agreement are
guaranteed during the Initial Term of this Agreement. If CUSTOMER continues to receive the Services
following the expiration of the Initial Term without entering into a new agreement or agreement extension,
CUSTOMER will be charged the standard EES COMPANIES rates for such services, without discount,
determined month to month.

(d)     Late Fees: CUSTOMER will be charged a Late Fee equal to 1.5% of the outstanding balance of any
unpaid invoice, or the highest amount permitted by law, whichever Is lower, per month or portion thereof,
on the outstanding balance of any invoice remaining unpaid ten (10) days after the date upon which
payment is due.

(e)     Suspension Or Interruption Of Service For Non-Payment: In the event the CUSTOMER'S account
becomes past due for thirty (30) days or more, or has incurred late fees in three consecutive months, or
has failed to submit or replenish the retainer or security as requested, or has otherwise evidenced that it
is financially insecure, EES COMPANIES may, in its sole discretion, suspend, interrupt or disconnect the
Services. In the event of such suspension, interruption or disconnection, CUSTOMER may, in addition to
being required to pay all outstanding balances, be required to post a cash deposit or such other security,
as EES COMPANIES deems necessary, in order to restore Services. In addition, if EES COMPANIES in its sole
discretion, deems the CUSTOMER to be financially insecure, EES COMPANIES may require such action of the
CUSTOMER, including letters of credit, security deposit(s), restrictions on available credit or other financial
surety's as EES COMPANIES may determine regardless of the CUSTOMER'S current status or payment history.
Failure to satisfy EES COMPANIES' request for such surety's within timelines set by EES COMPANIES may result
in immediate termination of Service without further notice.

(f) Additional information:

i.) If the CUSTOMER contracts for services after the first day of the month the first months
service fee will be prorated. All monthly service fees thereafter will be billed on the first day of each
month for the entire month and will not be prorated upon cancellation.

ii.) An invoice will be sent to CUSTOMER via e-mail confirming the CUSTOMER'S order of
Services within 2 business days after EES COMPANIES receipt of the order. The initial setup fee and
the first full month's service fee, plus any prorated monthly fee, will be billed to the CUSTOMER
S
credit card, and cleared, prior to the activation of CUSTOMER'S Services. If CUSTOMER chooses an
alternate payment method (check, money order, transfer, etc.) the set-up fee and the first full
month's service fees, plus any prorated monthly fee, and costs must be received at EES Companies,
Inc., Web Hosting, 841 Worcester Rd. Suite 503, Natick, MA 01760 prior to EES COMPANIES

activation of CUSTOMER'S account. All setup fees and the first month's fees and charges are
non-refundable.

iii.) All new customers must agree to EES Companies Online Server Agreement (attachment B).
A copy of the agreement also will be sent to the email address listed on the account.

iv.) If EES COMPANIES register a domain name through InterNIC (or other provider) on the
CUSTOMER'S behalf, InterNIC (or other provider) will bill the CUSTOMER separately for the domain
name at InterNIC's (or other provider's) current registration fee. Renewal fees for domain name
registration are charged at standard EES COMPANIES rates. There is no charge
associated with transferring the administration of an existing domain to EES COMPANIES. If there are
any questions about the InterNIC Fees (or other provider), please refer to the
www.networksolutions.com or www.register.com.

v.) Once an order has been processed, the Server configuration information and first invoice
will be sent to the CUSTOMER directly via e-mail.

vi.) All accounts are billed according to the calendar month. CUSTOMER will receive a monthly
invoice on or before the 25th of day of each month via e-mail (no paper copy of the invoice will be
sent). The invoice charges will be due upon receipt, but in any event no later than the 1st day of
the following month. If the CUSTOMER is paying with a credit card, the credit card will be charged
on or about the 1st of day of the month. If the CUSTOMER is paying other than by credit card,
(money order, check, etc), payment must be received at EES Companies, Inc., Web Hosting, 1257
Worcester Rd. Suite 332, Framingham, MA 01702 on or before the 1st day of the month following
receipt of the invoice.

vii.) All inquiries regarding accounts, including but not limited to changes and modifications in
account status, including but not limited to and anything that may result in a charge on invoice,
must be sent via e-mail to EES service staff at webmaster@simbaweb.com. Such inquires also
include, with out limitation, adding additional MB of space to a virtual server, or requests for
termination or disablement or Server account.

viii.) The CUSTOMER is soley responsible for backing up his/her files. EES Companies provides
a backup service once a week. There is a minimum of a $20.00 service charge for each request
to restore files from EES Companies.

4. ACCEPTABLE USE POLICY. The CUSTOMER agrees to use the Services provided by EES COMPANIES
in compliance with all laws and regulations. The CUSTOMER shall read and at all times also adhere to the EES
COMPANIES
latest Acceptable Use Policy, as same may be amended from
time to time by EES COMPANIES. Amendments to the Acceptable Use Policy become effective upon posting at
the URL. Notwithstanding anything to the contrary contained herein, EES COMPANIES may immediately act,
including the disconnection or discontinuance of any and all Services, as well as the termination of this Agreement,
in the event of notice to EES COMPANIES or information leading to a reasonable belief of an intended violation by
the CUSTOMER of the EES COMPANIES Acceptable Use Policy. In the event EES COMPANIES acts due to a
violation of the EES COMPANIES Acceptable Use Policy, EES COMPANIES shall not be obligated to refund to the
CUSTOMER any fees paid in advance of such action.

(a) Unsolicited E-mail Policy. Forwarding or sending Unsolicited e-mail or "Spam" from an EES
COMPANIES account or an account associated with one of CUSTOMER'S EES COMPANIES accounts
is prohibited. This INCLUDES any e-mail that promotes web sites hosted on an EES COMPANIES
account but is sent from an e-mail address not associated with that account. Use of distribution lists
via unsolicited electronic mail or other mass electronic mailings is strictly prohibited. EES Companies
reserves the right to deactivate or disconnect any and all of the Services and/or to terminate this
Agreement upon an indication of such activity.

(b)                 Other Activities Subject to Immediate Deactivation. EES Companies may also immediately
deactivate any server and/or Services that are used for illegal, abusive, fraudulent, or unethical
activity without notice or warning to the CUSTOMER. Illegal, abusive or unethical activities may
include, but is not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer
virus, gambling, promotion of gambling, and any harassing or harmful materials or uses as determined
by EES Companies.

(c)                 The CUSTOMER agrees to indemnify and hold EES Companies harmless from any claim
resulting from the CUSTOMER
S publication or use of illegal, abusive, or unethical activities. EES
Companies may (but shall not be required to) make reasonable effort to alert the CUSTOMER to
such activities and may allow the CUSTOMER an opportunity to cure them within a 12-hour period
after alert, however EES Companies is not required to give such notice before deactivating
CUSTOMER'S use of EES COMPANIES' Services if, in EES COMPANIES' discretion, CUSTOMER'S
activity or use is or results in or is likely to result in illegal, abusive, or unethical activities being used
in connection with the Services. If a Server and/or Services are disabled pursuant to this Agreement,
the regular monthly fee will apply unless and until the CUSTOMER terminates the Service Agreement.

5. IMPROVEMENTS TO NETWORK. EES COMPANIES reserves the right, at its discretion to modify its
network and facilities used to provide the Services. EES COMPANIES shall make reasonable efforts to notify
CUSTOMER of any planned modifications to EES COMPANIES' network or facilities that may adversely affect the
Services provided hereunder.

6. CANCELLATION POLICY. Following the Initial Term, the CUSTOMER may terminate this Agreement
by notifying EES COMPANIES of COSTOMER
S intent to cancel in writing sixty (60) days prior to the proposed
date of termination in the manner described below. If cancellation occurs during the Initial Term, CUSTOMER will
remain obligated for payment of all fees incurred during the Initial Term. In addition, if EES COMPANIES has
purchased any equipment on behalf of the CUSTOMER, including, but not limited to, circuits and routers,
CUSTOMER will remain liable for payment of such equipment. All requests for termination must be made by the
CUSTOMER'S current primary contact person as defined in EES COMPANIES' Service Agreement. In the case of
credit card orders, all termination notifications shall be in writing preferably signed by the CUSTOMER'S primary
contact person on the account and include the last four digits of the credit card number to which invoices are
billed. EES COMPANIES shall not be liable for unauthorized or improper termination of an account. Any
termination by EES COMPANIES based upon a purported notice or violation of terms or any termination by the
CUSTOMER shall not relieve the CUSTOMER of any obligations to pay fees, charges or costs accrued prior to such
termination. EES COMPANIES also reserves the right to terminate this Agreement without cause prior to the end
of the Initial Term upon sixty (60) days written notice to CUSTOMER.

7. IP ADDRESS OWNERSHIP. EES COMPANIES shall retain, maintain and control ownership of all IP
numbers and addresses that may be assigned to the CUSTOMER by EES COMPANIES. EES COMPANIES reserves,
in its sole discretion, the right to change or remove any and all such IP numbers and addresses without notice.

8. CACHING. The CUSTOMER expressly grants to EES COMPANIES (i) a license to cache the entirety of
the CUSTOMER'S Web Site, including, but not limited to, content supplied by third parties hosted by EES
COMPANIES under this Agreement and (ii) Customer represents that such caching is not an infringement of any
of the CUSTOMER
S intellectual property rights or any third party's intellectual property rights and CUSTOMER
agrees to indemnify and hold harmless EES COMPANIES from all allegations of alleged intellectual property
infringement or other such matters arising therefrom.

9. BANDWIDTH AND/OR DISK USAGE. The CUSTOMER agrees that bandwidth and/or disk usage shall
not exceed the number of megabytes per month as contracted for by the CUSTOMER in the Service Plan
Agreement. If CUSTOMER'S bandwidth or disk usage exceeds the agreed upon number of megabytes per month,
EES COMPANIES, in its sole discretion, may assess additional standard charges, disconnect or discontinue any and
all Services, or terminate this Agreement. In the event that EES COMPANIES elects to take such action, the
CUSTOMER shall not be entitled to a refund of any fees, charges and costs paid in advance of such action.

10. EQUIPMENT.

a)                  CUSTOMER acknowledges that EES COMPANIES is acting only as a reseller and/or distributor
of all hardware, software, circuit and equipment (collectively, the "Equipment") offered under this
Agreement which was manufactured by a third party. CUSTOMER also acknowledges that EES COMPANIES
has the right to upgrade and change its network, equipment or Services. EES COMPANIES shall not be
responsible for any changes in Service or Equipment that causes CUSTOMER'S Equipment to become
obsolete, require modification, upgrading or alteration thereto, or otherwise affect the performance of the
Service(s). It is the CUSTOMER'S obligation to determine the fitness of any Equipment to be used by the
CUSTOMER in connection with the Services. Any malfunctions, manufacturer's defects in, problems with
performance or noncompliance of Equipment either sold or distributed by EES COMPANIES to the
CUSTOMER or purchased directly by the CUSTOMER and used in connection with the Service(s) will not be
deemed a breach of EES COMPANIES' obligations under this Agreement. THE CUSTOMER
S SOLE REMEDY
REGARDING PROBLEMS, DEFECTS AND/OR THE PERFORMANCE OR COMPLIANCE OF EQUIPMENT ARE
LIMITED TO THOSE RIGHTS EXTENDED TO THE CUSTOMER BY THE MANUFACTURER OF SUCH
EQUIPMENT. The CUSTOMER is entitled to use any Equipment supplied by EES COMPANIES only in
connection with the CUSTOMER'S permitted use of the Service(s).

b) In no event shall the CUSTOMER resell, transfer, export or re-export any Equipment, or any
technical data derived therefrom in violation of any applicable United States or foreign law.

11. DISCLAIMER OF WARRANTY. The CUSTOMER acknowledges and agrees that EES COMPANIES does
not produce, review or control content and accepts no responsibility for the content of the information passing
through EES COMPANIES host computers, network hubs and points of presence (the "EES COMPANIES Network")
or the Internet. NEITHER EES COMPANIES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS,
SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE, 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 OF THE SERVICES
OR OF ANY EQUIPMENT EES COMPANIES PROVIDES. NEITHER EES COMPANIES, ITS EMPLOYEES, AFFILIATES,
AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE WARRANT THAT THE
SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR 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 OR BY
EES COMPANIES. EES COMPANIES SHALL NOT BE LIABLE FOR THE CONTENT OR LOSS OF ANY DATA
TRANSFERRED EITHER TO OR FROM THE CUSTOMER OR STORED BY THE CUSTOMER OR ANY OF THE
CUSTOMER'S CLIENTELE VIA THE SERVICE(S) PROVIDED BY EES COMPANIES.

12. INDEMNIFICATION. The CUSTOMER agrees to indemnify, save harmless, and defend EES COMPANIES,
its directors, officers, employees, agents, and affiliates (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 attorneys fees) arising out of or relating to the use of the Services,
Equipment and any matters arising in connection therewith by CUSTOMER in violation of the EES COMPANIES
Acceptable Use Policy, this Agreement or any attachment thereto or any violation of law or regulation to which
CUSTOMER'S use is applicable. 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.

13. LIMITATION OF LIABILITY. IN NO EVENT SHALL EES COMPANIES BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNATIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER,
INCLUDING WITHOUT LIMITATION TO LOSS OF PROFITS, REVENUE, DATA OR USE SUFFERED BY THE
CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR
OTHER LEGAL THEORY, EVEN IF EES COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL EES COMPANIES LIABILITY OR CUSTOMER
S SOLE REMEDY 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 THE CUSTOMER. IN SUCH JURISDICTIONS, EES COMPANIES

LIABILITY (AND THE LIABILITY OF ITS AFFILIATES, AGENTS, CONTENT PROVIDERS AND SERVICE PROVIDERS)
SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

14. FORCE MAJEURE. EES COMPANIES 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, and hardware, or inability to obtain raw materials, supplies, or power
used in or equipment needed for provision of the Services.

15. INTELLECTUAL PROPERTY. CUSTOMER acknowledges that all right, title and interest in any and all
information, trade secrets, know-how, copyrights, derivative works, methodology information, technology,
including the software that is part of or provided with the Services and any trademarks or service marks of EES
COMPANIES (collectively, "EES COMPANIES Intellectual Property") is solely owned by EES COMPANIES and/or,
as the case may be, EES COMPANIES licensors. CUSTOMER represents and warrants that CUSTOMER'S use of
the Services shall not infringe upon the intellectual property or other proprietary rights of EES COMPANIES or
any third party. Unless otherwise specifically provided in this Agreement, CUSTOMER shall have no right, title,
claims or interest in or to EES COMPANIES
Intellectual Property. The CUSTOMER may not copy, infringe, modify
or translate EES COMPANIES
Intellectual Property or related documentation, or decompile, disassemble or reverse
engineer EES COMPANIES' Intellectual Property, and may not use it other than in connection with the Services
during the term of this agreement, and may not 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 EES COMPANIES' Intellectual Property in any manner without the prior written consent of EES
COMPANIES; provided, however, that nothing in this sentence precludes CUSTOMER from using EES COMPANIES

Intellectual Property as incorporated in the Services pursuant to the terms of this Agreement to the extent
necessary for its legitimate business use in connection with this Agreement. 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 may hereafter acquire in, or in relation to, 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.

16. CONFIDENTIAL INFORMATION. The CUSTOMER agrees and acknowledges that in the course of the
performance of this Agreement, the CUSTOMER may have access to information and communications, including
proprietary information claimed to be unique, secret, or confidential, and which constitutes the exclusive property,
know-how and trade secrets of EES COMPANIES ("Confidential Information"). Except as provided in EES
COMPANIES' Acceptable Use Policy (AUP), CUSTOMER 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 EES COMPANIES or upon termination or expiration of this
Agreement, CUSTOMER shall return the Confidential Information of EES COMPANIES in its possession. Nothing in
this Agreement shall prohibit or limit CUSTOMER'S use of information (a) which at the time of disclosure is the in
public domain; or (b) which, after disclosure, becomes part of the public domain by publication or otherwise, except
by breach of this Agreement; or (c) which is disclosed to the CUSTOMER without a confidential or proprietary
restriction by a third party who has a lawful right to possess and disclose the information; or (d) which is
independently developed by the CUSTOMER without any breach of this Agreement; or (e) which is the subject
of a written permission to disclose provided by EES COMPANIES; or (f) which is required by law to be disclosed.
CUSTOMER further agrees and acknowledges that EES COMPANIES may disclose CUSTOMER'S account information
in accordance with EES COMPANIES
AUP and Privacy Policy, as same may be amended from time to time by EES
COMPANIES.Amendments to the AUP and Privacy Policy are effective upon posting of the revised policy at the URL.

17. THE CUSTOMER DATA. CUSTOMER is solely responsible for its content residing on EES COMPANIES servers
and for the backup thereof.

18. GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by and construed in
accordance with the Laws of the Commonwealth of Massachusetts. This Agreement shall be subject to the
exclusive jurisdiction of the state court of the Commonwealth of Massachusetts and all parties irrevocably submit to
the jurisdiction of such courts with respect to any claim arising out of or in connection with this Agreement; however,
the parties agree that prior to institution of any litigation, any dispute arising from this transaction or this Agreement
shall be first submitted to arbitration to ADR Solutions, Inc. pursuant to its Mediation and Arbitration Procedural rules.
Such arbitration to take place at a mutually agreed location and if no location is so agreed, such arbitration shall take
place in Boston, Massachusetts.

19. ENFORCEMENT OF AGREEMENT. In the event it is necessary for EES COMPANIES to enforce its rights
under this Agreement or in defense of any claims arising in connection with this Agreement, CUSTOMER agrees to
pay all fees incurred by EES COMPANIES (including, but not limited to, attorney s fees and collection agency fees)
in enforcing EES COMPANIES
rights.

20. AMENDMENT OR WAIVER. Except as otherwise provided herein, this Agreement may not be amended
except upon the written consent of CUSTOMER and an authorized officer of EES COMPANIES. 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,
nor 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.

21. SUCCESSION AND ASSIGNMENT. This Agreement shall be binding upon and inure to the benefit of the
parties named herein and their respective successors and permitted assigns, however, CUSTOMER may not assign
this Agreement or any of the rights, interests or obligations, including web services hereunder without the prior
written consent of EES COMPANIES, which may not be unreasonably withheld to an affiliated entity of the
CUSTOMER provided sufficient financial worthiness is evidenced to EES COMPANIES along with all necessary sureties.
EES COMPANIES may assign any or all of its rights and interests hereunder to any person or entity that acquires
the business of either EES Company, Inc. or its affiliates, or to any entity with which EES COMPANIES merges or
consolidates.

22. SEVERABILITY. If any provision of this Agreement is determined to be illegal or unenforceable, such
provision will be deemed amended to the extent necessary to conform to applicable law. If it cannot be so
amended without materially altering the intention of the parties, it will be deemed stricken and the remainder of
the Agreement will remain in full force and effect.

23.                NOTICES. Any notice, request for information or other document to be given hereunder to any
party by another party shall be in writing and sent by registered, certified or express mail, postage prepaid,
addressed to the following:

EES COMPANIES

Legal Department

EES COMPANIES, INC.

841 WORCESTER RD. SUITE 503

Natick, MA 01760

Facsimile: 508-650-1872

Any party may change the address to which notices are to be sent by giving written notice of such change of
address as provided above.

24. ENTIRE AGREEMENT. This Agreement and the documents incorporated herein by reference and
attached hereto, constitute the entire agreement between the parties hereto and supercede all prior
agreements and understandings, oral or written, between the parties relating to the subject matter hereof.

25. ACCEPTANCE OF SERVICES. ACCEPTANCE OF THIS AGREEMENT BY EES COMPANIES MAY BE SUBJECT
, IN EES COMPANIES' ABSOLUTE DISCRETION, TO SATISFACTORY COMPLETION OF A CREDIT CHECK AND
CONTINUED CREDIT WORTHINESS OF THE CUSTOMER. ACTIVATION OF SERVICE SHALL INDICATE EES COMPANIES'
ACCEPTANCE OF THIS AGREEMENT. CUSTOMER REPRESENTS AND WARRANTS THAT CUSTOMER IS EIGHTEEN (18)
YEARS OLD OR OLDER AND HAS FULL AUTHORITY AND RIGHT TO ENTER INTO THIS AGREEMENT.

26. By execution herefor, the CUSTOMER accept all policies, services, liabilities, procedures, terms, and conditions
outlined in the General Web Hosting Service Agreement, Service Plan Agreement, Acceptable Use Policy and other
attachments as provided hereto.

27. Signatures transmitted via facsimile or any other electronic transmission of acceptance of this Agreement
shall be deemed as original for the purposes of this Agreement and enforcement thereof.

 

 

Ees/service agreement-15

Copyright 2009 EES Companies, Inc. All rights reserved. Information in this document and entire site is subject to
change without notice. Other products and companies referred to herein are trademarks or registered trademarks of their respective companies or mark holders.