Net501

IP ADDRESS OWNERSHIP

Owens Enterprises Lbk. (DBA Net501.com) shall maintain and control ownership of all IP numbers and addresses that may be assigned to Customer and reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

CANCELLATION POLICY

Customer may terminate this Agreement by giving Owens Enterprises Lbk. at least thirty (30) days prior written notice. However, Customer remains obligated to pay all amounts remaining in the Initial Term.
In order to terminate early, Customer's primary contact person on the account should notify Net501.com of such request to do so. 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 Net501.com. However, Net501.com shall not be liable for unauthorized termination of an account.
Any termination by Net501.com or Customer shall not relieve Customer of any obligations to pay fees accrued prior to such termination. In the event that a Customer primary account holder cancels a service, service will be cancelled immediately, and the remainder of any payment that has been received forfeited. Set-up fees and domain name fees are not refundable. Net501.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.

CACHING

Customer expressly (i) grants to Net501.com a license to cache the entirety of Customer's Web Site, including content supplied by third parties, hosted by Net501.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 Service Order Form. If bandwidth or disk usage exceeds the agreed upon number of megabytes per month, Net501.com, in its sole discretion, may assess additional standard charges, disconnect or discontinue any and all Services, or terminate this Agreement, in each case, upon ten (10) days advance written notice to Customer. In the event that Net501.com elects to take such action, Customer shall not be entitled to a refund of any fees paid in advance of such corrective action.

CUSTOMER'S RESPONSIBLITIES

Customer is solely responsible for the quality, performance and all other aspects of the Customer Content and the goods or services provided through the Customer Web site.

Customer will cooperate fully with NET501.COM in connection with NET501.COM's performance of the Services. Customer must provide any equipment or software that may be necessary for Customer to use the Services. Delays in Customer's performance of its obligations under this Agreement will extend the time for NET501.COM's performance of its obligations that depend on Customer's performance on a day for day basis. Customer will notify NET501.COM of any change in Customer's mailing address, telephone, e-mail or other contact information.

Customer assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the Customer Web site and any goods or services described therein, as well as any rules, terms or conditions of use.

Because the Services permit Customer to electronically transmit or upload content directly to the Customer Web site, Customer shall be fully responsible for uploading all content to the Customer Web site and supplementing, modifying and updating the Customer Web site, Unless Customer has hired Net501.com to maintain web site .Customer is also responsible for ensuring that the Customer Content and all aspects of the Customer Web site are compatible with the hardware and software used by NET501.COM to provide the Services, as the same may be changed by NET501.COM from time to time. Specifications for the hardware and software used by NET501.COM to provide the Services will be available on NET501.COM's Web site. Customer shall periodically access NET501.COM's Web site to determine if NET501.COM has made any changes thereto. NET501.COM shall not be responsible for any damages to the Customer Content, the Customer Web site or other damages or any malfunctions or service interruptions caused by any failure of the Customer Content or any aspect of the Customer Web site to be compatible with the hardware and software used by NET501.COM to provide the Services.

Unless provided otherwise, Customer is solely responsible for making back-up copies of the Customer Web site and Customer Content.

Customer's Representations and Warranties.

Customer hereby represents and warrants to NET501.COM, and agrees that during the Initial Term and any Term thereafter Customer will ensure that:

Customer is the owner or valid licensee of the Customer Content and each element thereof, and Customer has secured all necessary licenses, consents, permissions, waivers and releases for the use of the Customer Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by NET501.COM to pay any fees, residuals, guild payments or other compensation of any kind to any Person;

Customer's use, publication and display of the Customer Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any "moral right" or similar right however denominated;

Customer will comply with all applicable laws, rules and regulations regarding the Customer Content and the Customer Web site and will use the Customer Web site only for lawful purposes; and

Customer has used its best efforts to ensure that the Customer Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.

Customer shall be solely responsible for the development, operation and maintenance of Customer's web site, online store and e-commerce activities, for all products and services offered by Customer or appearing online and for all contents and materials appearing online or on Customer's products, including, without limitation

the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products,

ensuring that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and

ensuring that the Customer Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. Customer shall be solely responsible for accepting, processing and filling customer orders and for handling customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its web site and online store.

Customer grants NET501.COM the right to reproduce, copy, use and distribute all and any portion of the Customer Content to the extent needed to provide and operate the Services.

License to NET501.COM. Customer hereby grants to NET501.COM

non-exclusive, royalty-free, worldwide right and license during the Initial Term and any Term thereafter to do the following to the extent necessary in the performance of Services under the Order: (a) digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the Customer Content; and (b) make archival or back-up copies of the Customer Content and the Customer Web site. Except for the rights expressly granted above, NET501.COM is not acquiring any right, title or interest in or to the Customer Content, all of which shall remain solely with Customer.

YOU ACKNOWLEDGE, AGREE AND AUTHORIZE NET501.COM TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED.

Home Page