SERVICES

1.    Luminary Technologies Company provides web hosting services for its clients. Web hosting is defined as the storing of web page files through use of a web hosting account on the servers of Luminary Technologies Company, which can be accessed internationally via the Internet.

2.    Luminary Technologies Company will provide access to activity reports to the Client.

TERMS

1.    Luminary Technologies Company provides services on a month by month basis, beginning the first day of each month. This agreement automatically renews the first day of each month. First month's service shall be pro-rated for number of days remaining in the month (based on a 30 day month).

2.    This Agreement may be terminated upon ten (10) days prior written notice, by either party to the other party. Accounts terminated mid month will be subject to that full month's fees for service. There will be no pro-rating of the final month's fees for canceled accounts.

3.    Luminary Technologies Company agrees to release, upon request, to the Client the domain name(s) assigned to the Client's program. Luminary Technologies Company will require ten (10) days notice of the desired release date. Luminary Technologies Company will coordinate with InterNIC, to have the domain name(s) transferred to the termination point so designated by the Client. Prior to release, Client agrees to pay Luminary Technologies Company for all InterNIC related costs that Luminary Technologies Company has incurred on Client's behalf for domain name(s).

FEES

1.    Client shall pay Luminary Technologies Company a monthly fee as set forth in the Attachments for all indicated and accepted Services. A one time initial set-up fee will be charged to all accounts.

2.    Luminary Technologies Company will not guarantee accessibility of web pages of any Client with past due invoices. Invoices will be considered past due if payment is not received by the 5th day of any month. Past due accounts are subject to late fees which must be paid in full prior to restoring the accessibility to said Client's web pages.

3.    Clients who exceed their disk space quota by more than 100 kilobytes will be charged a $5 fee for disk space over their allotted quota, charged in 5 megabyte allotments. Luminary Technologies Company reserves the right to charge this fee on a monthly basis or until the amount of disk space usage is renegotiated.

4.    Clients who exceed their monthly bandwidth quota will be charged a $10 fee for each gigabyte over their allotted quota, in 1 gigabyte allotments. Luminary Technologies Company reserves the right to charge this fee on a monthly basis until the disk usage once again falls below the maximum amount or the amount of bandwidth is renegotiated.

5.    The Client understands that Luminary Technologies Company web hosting setup charge does not include charges for any additional modifications their preexisting web page may require to be stored on the provider's servers and accessible to the Internet community. All web pages designed by the provider will be designed to function on our servers and will not be subject to any additional initial editing charges beyond the original design quote and standard setup fee. Web page editing requested after the initial design and posting of the webpage will be subject to labor charges.

LIMITATION OF LIABILITY

1.    Luminary Technologies Company agrees to use its best efforts to provide and maintain the system operating the Service in accordance with the operating requirements. Luminary Technologies Company assumes, however, no responsibility to Client for any interruption of Services which is caused by malfunction or failure of equipment or circumstances beyond the control of Luminary Technologies Company.

2.    In the event that Client claims that Luminary Technologies Company has breached this Agreement, has failed to act in a commercially reasonable manner, has negligently performed its obligations or duties hereunder, or that Client has sustained any loss, liability or damages by reason of its use of Luminary Technologies Company's products or services, Client's exclusive remedy shall be either (A) the repair or replacement of the non-conforming or defective products or services, or (B) the repayment of the fees paid hereunder for the use of Luminary Technologies Company's Services during the period of continuance of said defect or non-conformance. In no event shall Luminary Technologies Company be liable for any special, consequential, exemplary or incidental damages arising from the performance or failure to perform of Luminary Technologies Company's products or services, or for any claim by a third party arising out of or related to the use of the Service.

3.    Client shall indemnify and hold harmless Luminary Technologies Company from any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities including attorneys' fees arising out of, connected with, or resulting from the use of the Service provided by Luminary Technologies Company.

DATA CONFIDENTIALITY

1.    Luminary Technologies Company shall hold in strictest confidence all information relating to the transactions processed and business affairs of Client. Nothing in this paragraph, however, shall prevent or prohibit Luminary Technologies Company from providing access to such information upon request for purpose of regulation, program approval examination, or investigation upon order by applicable city, state or federal regulatory agencies and authorities as may be required by law or judicial or administrative process.

DISCLAIMER

1.    Luminary Technologies Company has NO TOLERANCE for pornography, warez (pirated software), spam (unsolicited bulk e-mail), material promoting terrorism, or anti-government material. See below for more details. Any sites found to contain, promote, or link to such content are subject to immediate removal from our service.

2.    Luminary Technologies Company can not be held responsible for the content of pages hosted on our server. Luminary Technologies Company does not review pages for content before they are posted, and does not verify, endorse or otherwise take responsibility for the contents of any user-created pages. However, we reserve the right to remove any page from our servers which we determine is in violation of our rules and guidelines. Users are solely responsible for all files contained in their own directory, and can be held legally liable for the contents of their Web site.

3.    Luminary Technologies Company may terminate user accounts at any time, without notice for conduct that violates these guidelines, or for any other reason, and may terminate user accounts and delete any and all user information for conduct that Luminary Technologies Company believes is harmful to the business of Luminary Technologies Company, or any of its users or partners. Pages found in violation of these items may be subject to immediate deletion and removal from our servers, and their Webmasters subject to banishment from the Luminary Technologies Company network. The following is a non-exclusive list of content and behaviors that are UNACCEPTABLE on a Luminary Technologies Company Web site.

1. Content that contains or contains links to: nudity, pornography, adult content, sex, or foul language.
2. Content that condones, promotes, contains, or links to warez, cracks, hacks, theirassociated utilities, or other piracy related information, whether for educational purposes or not.
3. Content that has been promoted through the sending of unsolicited e-mail (spamming), inappropriate newsgroup postings, mail fraud schemes, or pages that promote or condone such activities. Users who utilize Luminary Technologies Company resources, including e-mail addresses for spam are also subject to prosecution to the fullest extent of the law.
4. Content that commits acts of copyright, trademark, patent, trade secret or other intellectual property infringement.
5. Content that is racist, or otherwise extremely offensive to others, including content which aggravates, harasses, threatens, defames, or abuses others.

4.    Luminary Technologies Company is not responsible for any deletion, alteration, or loss of data or business due to network or system outages, file corruption, accidental deletion, or any other reasons. Luminary Technologies Company makes no guarantees as to server reliability, speed, or consistency, and cannot be held liable for such.

1. Users are responsible for regularly monitoring and creating backups of their own files, and agree to use the Luminary Technologies Company resources and infrastructure at their own risk. This service is provided on an as is basis without warranties of any kind, either expressed or implied. Neither Luminary Technologies Company nor its partners makes any warranty with respect to any content, information, services, or products provided through or in conjunction with this service.
2. Luminary Technologies Company and its partners make no guarantee of the accuracy, correctness, or completeness of any information on these web pages and are not responsible for any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any content or services contained on our servers; or losses or damages arising from the use of the content or services provided by Luminary Technologies Company.
3. Luminary Technologies Company may also link to or include on its Web site resources and information provided by third-party partners and providers. We do not guarantee the reliability of this information, nor does the inclusion of this information imply our recommendation of these services; it is merely provided to assist you in the creation of your Web site and provide added value to our service.
4. You agree to indemnify Luminary Technologies Company and its partners against any and all claims and expenses, including attorneys' fees, arising from the use of this service. This expressly includes your responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and any libelous or unlawful material contained within your Web site.

5.    Luminary Technologies Company requires all advertising to be suited to general audiences.

6.    Each user is responsible for building and updating his/her Web site, and regularly backing up any related data.

7.    Luminary Technologies Company reserves the right to amend or change these guidelines at any time without notice.