Digital Outlook Web Hosting Services are provided on the following terms and conditions:

Prior to the inception of Client's Web hosting services, Digital Outlook shall establish an "Account" in Client's name, shall assign a user ID to that Account, and shall provide Client or Client's designee with a temporary password for Client's first access to said Account. Upon initial access to the Account, Client shall select a personal password, agrees not to disclose that password except to persons authorized to access the Account on Client's behalf, and acknowledges that Client shall be entirely liable for all activities conducted through Client's Account thereafter. (Client may permit a Designer, or another entity or individual, to use the Account subject to Client's supervision and Client's assumption of all resulting liabilities.)

Current rates and surcharges for using Digital Outlook Web Hosting Services may be obtained by calling (925) 803-1540. Client understands that detailed e-mailed or faxed invoices will be provided monthly by Digital Outlook and agrees that any obligation on the part of Digital Outlook's to provide the detailed components of accumulated charges shall be satisfied by providing the Client with password protected access to Client billing information on the Digital Outlook web site and through the client administrative control panel.

Monthly service charges are billed in advance. The first month's bill will reflect a total of set-up fee, prorated service fees for the partial month from date of service initiation to first monthly billing date, and advanced monthly billing. Digital Outlook reserves the right to change its fees and billing methods at any time effective upon thirty (30) days' prior notice. If any change in fees or billing methods is unacceptable to the Client, the Client may immediately terminate its Account as provided in Section 10 below. Client's continued use of Digital Outlook Web Hosting Services following any such changes in fees or billing methods shall be deemed acceptance of such changes. Upon cancellation or termination of Client's Account, it will be credited for any pre-paid, unused service fees.

There shall be added to all fees provided for in this Agreement amounts equal to all taxes, however designated, levied, or based, including (but not limited to) sales and use taxes imposed in connection with services provided pursuant to this Agreement.

Client shall be solely responsible for uploading to Client's directory on Digital Outlook's web server material and data ("Client's Web Pages") in a condition that is "server-ready". Digital Outlook shall not be responsible for designing, developing, modifying, or maintaining Client's Web Pages, nor will Digital Outlook validate this material and data for content, correctness, or usability. The Client represents that it has the necessary knowledge to create Client's Web Pages and agrees that it is not the responsibility of Digital Outlook to provide this knowledge or support. However, Digital Outlook is available for assistance and/or edits when requested by Client.

Digital Outlook is responsible for maintaining at least one back up copy of the current version of Client's Web Pages. Digital Outlook, if required, to restore the operation of Client’s Web Pages, will use this back up copy. This back up copy is stored at Digital Outlook's premises, on Digital Outlook's computers.

Client is solely responsible for promoting its web site and paying all costs associated with this effort.

Due to the public nature of the Internet, all information contained on Client's Web Pages should be considered publicly accessible, and any information of a confidential or proprietary nature should not be uploaded to Client's Web Pages. Digital Outlook is not liable for protection or privacy of electronic mail, files stored on Digital Outlook's web servers, or other information uploaded to Client's Web Pages.

Digital Outlook acknowledges Client's claim of ownership of all rights to the Client's Web Pages, including the HTML source code uploaded to Digital Outlook's web server, and Digital Outlook disclaims any ownership thereof or license thereto (except insofar as is necessary for Digital Outlook to perform its obligations pursuant to the WHA). Digital Outlook is the sole owner of all applications running on the servers that are offered as a service to clients for use.

Client represents and warrants that its use of the Digital Outlook Web Hosting services shall comply with any and all applicable laws; that the Client's Web Pages do not contain material: that is obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, or offensive; that is defamatory or disparaging; that invades any right of privacy; or that infringes upon the copyrights, trade secret rights, trademark rights, or other intellectual property rights of any third party.

Client shall indemnify and hold harmless Digital Outlook and its affiliated companies from all liabilities, claims, and expenses (including, without limitation, reasonable attorney's fees) arising from any breach of the foregoing representations and warranties. Digital Outlook will notify the Client of any claim, action, or proceeding, and Digital Outlook may use counsel of its own selection to defend the same. The Client may participate in the defense, at the Client's own expense, and with counsel of the Client's own choosing. The Client shall not be responsible for any settlement of a claim, action, or proceeding with respect to which the Client has reasonably withheld the Client's approval.

Digital Outlook shall host the Client's Web Pages on a multi-client platform and shall provide Client with a shell account for direct access to it. Digital Outlook shall use commercially reasonable efforts to maintain the server in a fully operational condition, and the Client's Web Pages accessible, 24 hours per day, 365 days per year, excluding only down time for necessary maintenance and repair. Firewall security is in place with state of the art hardware and software with battery and gas generator backups.

Digital Outlook will act as the Client's agent, at Client's request, for the sole purpose of applying for a Domain Name Registration with Network Solutions, Inc. ("NSI") or other appropriate entity including Verisign Secure Certificates or other appropriate entity similar products. Fees assessed for all registrations effected by Digital Outlook on Client's behalf shall be added to Client's Account.

Client warrants that it has reviewed and agrees to be bound by the NSI Domain Name Registration Agreement and NSI'S Domain Name Dispute Policy (or the comparable policies, if any, of such other entity as may be used for Domain Name registration), all of which are incorporated herein by reference.

Client warrants that it has reviewed and agrees to be bound by the Verisign Registration Agreement and Verisign Dispute Policy (or the comparable policies, if any, of such other entity as may be used for secure certificates), all of which are incorporated herein by reference.

Digital Outlook does not pre-screen Client's Web Pages as a matter of policy. However, if Digital Outlook becomes aware, through complaints or otherwise, of any material contained in Client's Web Pages that Digital Outlook, in its sole discretion, considers to be in breach of the Client's representations and warranties as set forth in Section 6 above, Digital Outlook shall have the right, but not the responsibility, to remove such material or to block public access to the Client's Web Pages without notice to Client, pending resolution of Digital Outlook's concerns as to same.

Digital Outlook may elect in its sole discretion to monitor some, all, or none of Client's Web Pages for adherence to the WHA. Digital Outlook reserves the right to delete or render inaccessible any of Client's Web Pages that Digital Outlook suspects in the good faith exercise of it's judgment, contain material in violation of the WHA. Digital Outlook intends to respect Client's privacy and will not randomly monitor or disclose the contents of private communication (e.g., e-mail). However, Digital Outlook reserves the right, as permitted by law, to monitor or disclose the contents of private communication, if it in good faith believes that such action is necessary (i) to comply with applicable law or valid legal process (e.g., warrant, court order), (ii) to protect the rights or property of Digital Outlook, or (iii) in emergencies when physical safety is at issue.

Either Client or Digital Outlook may terminate the Account at any time by emailing an unequivocal request for termination to admin@digitaloutlook.com. Client's only right with respect to any dissatisfaction with any (i) WHA term or revision thereto, (ii) policy or practice of Digital Outlook in operating the Digital Outlook Web Hosting Service, or (iii) amount or type of fees or billing methods, is to terminate Client's Account by delivering notice to Digital Outlook. Any such notice of termination will be effective upon its actual receipt by Digital Outlook. If a client is on a 12 month or 24 month contract and leaves Digital Outlook within the 12/24-month term then client is still liable for services agreed to for the 12/24-month term. We also offer month-to-month contracts.