Parties
This agreement is between Whole Brain Technologies, LLC ( PROVIDER ) and the party as specified in the application ( CLIENT ).

INTERNET Services only
This agreement covers INTERNET services only. Not covered by this agreement are hardware, communication lines and/or software for access to the INTERNET, although the provider can sell those to the client subject to a different contract.

Price change
PROVIDER has the right to change the price of the services at any time with 30 days notice. Notice will be made to the primary email addresses listed in our billing system. It is the responsibility of the CLIENT to notify PROVIDER of the correct contact email address. If said notice is sent to primary email address and CLIENT has not updated PROVIDER the CLIENT agrees to all terms of price changes.

Start of services
The Services will be activated usually the same or next working day provided that the CLIENT has everything needed to be on the Internet. A schedule will be provided otherwise. The Schedule for line installation, domain activation, equipment and software setup and services activation is an estimate only.

Quality of Services
PROVIDER will make the best efforts to provide quality and uninterrupted services.

Fees
CLIENT agrees to pay a setup fee, a monthly fee, a usage fee (if any), and a web traffic fee (if any). The setup fee and first month fee is due upon sign up. PROVIDER will present a fee schedule to CLIENT before sign up. For DSL services, client agrees to pay early termination fee of $40 if CLIENT cancels in the first 90 days of service.

Non-Payment
The CLIENT is responsible for payment of services regardless of receipt of an invoice for payment. If CLIENT does not receive an invoice from PROVIDER then the CLIENT must call the PROVIDER and make arrangements to pay the service fee agreed to by the CLIENT. CLIENT agrees that by using service in a month that he is responsible for payment of a full month of service in advance.

Late Payment
The CLIENT shall pay a service charge for all overdue amounts of 18% per year (1.5% per month), compounded daily. Any payment not received within 10 standard business days is considered overdue. If account should be sent to collections, client will be responsible for those costs. If payment has not been received within 30 days, WBT will suspend service until payment in full is received. If service is suspended due to nonpayment, a reinstatement fee equal to the initial set up fee will be charged in addition to any service charges due.

Billing information updates
CLIENT agrees to provide to PROVIDER any changes to the billing information promptly. Billing information includes but is not limited to credit card info, address, phone, checking account info.

Credit Card Policy
Customers providing credit cards for annual or monthly contracts will be automatically recharged on anniversary date for the full amount of services. The PROVIDER is not responsible for any overdraft fees or bank charges related to charges for service on cards provided by the CLIENT. The CLIENT is solely responsible to provide alternate payment methods prior to the date of the charge.

Policies
CLIENT agrees to comply strictly with PROVIDERS "Acceptable Use Policy" (See Below under Acceptable Use Policy). CLIENT understands that services are subject to immediate termination without compensation for non-compliance with the policies. Further, CLIENT will be responsible for the full amount of any tangible and intangible damages such non-compliance may cause. PROVIDER reserves the right to change the policies to reflect the dynamic nature of the Internet. Both policies are available on-line any time or as a hard copy by request only.

Indemnification
CLIENT shall indemnify, defend by counsel reasonably accepted by PROVIDER, protect and hold PROVIDER harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to the web hosting and other services provided by PROVIDER to the CLIENT.

Account sharing
CLIENT agrees to keep his account information confidential. PROVIDER shall not be responsible for lack of privacy, large overtime bills or any other consequences of account sharing. Sharing of unlimited accounts is not allowed. PROVIDER will cancel without any compensation any unlimited account used by more than one user at one time.

Unlimited usage accounts
All unlimited usage accounts are subject to the following restrictions: A. They are for personal use only. B. any kind of reselling, sharing, service providing to other parties, public use, hook up of servers unless agreed to prior to start of service, use of software for purposes other than regular Internet browsing etc. is strictly prohibited. C. violators accounts will be upgraded without notice to a metered plan or canceled without compensation. Unlimited usage is for the Internet and does not include News Server access. News Server Access limited to 5 gigabytes per month. Larger accounts can be purchased directly form our News provider GigaNews located at http://www.giganews.com.

Right of refusal
PROVIDER has the right to refuse services to anyone.

No solicitation
CLIENT agrees not to approach PROVIDER's employees with proposals to hire them as his own employees or contractors. If CLIENT were to hire any of REGISTRAR's employees, CLIENT agrees to pay PROVIDER for each employee thus hired the greater amount of: three years salary for that employee as CLIENT is to pay such employee, or $200,000.

LIMITED LIABILITY
PROVIDER shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with this agreement or the product, including but not limited to damages for lost profits, loss of use, lost data, phone bills, communication lines bills, loss of privacy, damages to third party even if PROVIDER has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claims based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise. Further, PROVIDER will not censor any content on the INTERNET. It will be the CLIENT's responsibility for the usage of his account and any consequences of this usage.

Returns
PROVIDER will not return collected fees for services. DSL service annual accounts are subject to refund after 90 days of service or payment of a $40 cancellation fee. Refunds are calculated monthly and not daily.

Cut off period for billing errors
60 days cut off period is set for billing error claims. CLIENT agrees that he has no rights to claim any billing errors for periods earlier than 60 days from the date of the claim. All bills are final after 60 days.

Terms
CLIENT can terminate the services with advance notice in writing only to the billing department by mail or e-mail billing@wholebraintech.com. CLIENT understands that there will be no reimbursement and no pro-rate if he decides to terminate the services before the end of a prepaid term, regardless of the reason for the termination. DSL annual accounts are subject to pro rated return based on the terms of service in effect at time of subscription. PROVIDER can terminate this agreement at the end of a billing period, with a 30 days notice. PROVIDER can terminate the agreement immediately without any compensation if CLIENT does not comply with the "Acceptable Use Policy" available on-line at this address http://www.wholebraintech.com/policy.asp and see below under Acceptable Use Policy.

Entire Agreement
This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein.

Modification
Use of WBT hosting services constitutes agreement to the terms of this Agreement. If we update this Agreement, your continued use of the WBT Hosting Services following the posting of the revised Terms of Service Agreement on the WBT web site means that you accept and agree to the terms of the revised Terms of Service Agreement.

Waiver
Performance of any obligation required of a party there-under may be waived only by a written waiver signed by the other party, which waiver shall be effective only with respect to the specific obligation described therein. The waiver by either party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of this Agreement.

Separability
If any provision of this Agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed separable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this Agreement, which shall remain valid and enforceable according to its terms.

Governing Law
This Agreement was entered into in the State of Colorado and its validity, construction, interpretation and legal effect shall be governed by the laws and judicial decisions of the State of Colorado applicable to contracts entered into and performed entirely within the State of Colorado.

Authority to Execute
Each of the parties to this Agreement represents and warrants that it has full power to enter into this Agreement and that it hasn't assigned, encumbered, or in any manner transferred all or any portion of the claims covered by this Agreement.

Benefit of Successors and Assigns
This Agreement shall be binding upon and inure to the benefit of each of the parties hereto, and except as otherwise provided herein, their respective legal successors and permitted assigns.

Cumulative Remedies
Except as specifically provided herein, no remedy made available to either party hereunder is intended to be exclusive of any other remedy provided hereunder or available at law or in equity.

No Partnership or Agency
Nothing in this Agreement shall be construed as creating a joint venture, partnership, agency, employment relationship, franchise relationship or taxable entity between the parties, nor shall either party have the right, power or authority to create any obligations or duty, express or implied, on behalf of the other party hereto, it being understood that the parties are independent contractors vis-~-vis one another.

No Third Party Beneficiaries
Nothing contained in this Agreement, express or implied, shall be deemed to confer any rights or remedies upon, nor obligate any of the parties hereto, to any person or entity other than such parties, unless so stated to the contrary.

Excused Performances
Provider shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of the Services, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortages of facilities, fuel, energy, labor or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond Provider's reasonable control. In the event of any such delay or failure, the parties shall defer performance of the Services to a date and time mutually agreeable.

Captions
The section headings and captions contained herein are for reference purposes and convenience only and shall not in any way affect the meaning or interpretation of this Agreement.

Gender
Where the context so requires, the masculine gender shall include the feminine or neuter, and the singular shall include the plural and the plural the singular.

Recitals
The recitals above set forth are incorporated herein by reference.

Arbitration
Any dispute arising under this agreement shall be resolved by binding arbitration in the city of Boulder, Colorado and under the rules of the American Arbitration Association.

Questions, comments, or clarifications can be directed to billing@wholebraintech.com.

Rules are a direct result of abuses of the service. We will work with you to resolve any dispute on charges or billing issues quickly and efficiently. Please e-mail us at billing@wholebraintech.com Cancellations can be easily effected by e-mailing billing@wholebraintech.com in advance.

Acceptable Use Policy
Whole Brain Technology's Acceptable Use Policy (AUP) is designed to protect our customers and the Internet community from unacceptable use of the Internet. All customers must comply with all applicable local, state, and federal laws in addition to this policy.

Whole Brain Technology has no control over any content on the Internet and accepts no responsibility for your use of that content. We do not monitor your use of the Internet and therefore have no control over the content you use. We support an open Internet community where each user has access to all content and accepts the responsibility for appropriate legal use of the Internet. Whole Brain Technology reserves the right to revise this agreement at any time.
We expressly prohibit our customers from any of the following acts:

• Sending unsolicited bulk e-mails or mass advertising or engaging in spamming.
• Interfering, intruding, or harming any other network or network users.
• Use Whole Brain Technology's network in excess of our limits for use. You may not remain logged onto the service if you are not actively using it! You may not log in multiple times with one access account!
• Relaying mail via another mail server unless it is authorized.
• Disclosing your password.
• Deceiving or impersonating another person.
• Engaging in the distribution of any copyrighted material.
• Receiving any material that constitutes child pornography under applicable law.
• Threatening or harassing another individual online.
• Engaging in defamation of another.