Internet Email and Web Site Hosting Services Agreement

Customer agrees to purchase, and Service Provider (DataSpeak Incorporated) agrees to deliver the Web Site and/or Email Hosting Services (hereinafter referred to as "Hosting Services"), subject to the terms and conditions contained herein and charges in the appropriate DataSpeak Inc. Web Site and Email Hosting Services Price List,

Terms and Conditions

1. Effective Date

This Agreement shall become effective upon the date accepted by DataSpeak Incorporated, and Customer pays first start-up or service fees.

2. Service Start Date

The service start date shall commence when DataSpeak Incorporated begins development of Customer’s Web Site, or Customer initiates migration of an existing site by contacting the host of the existing site, or when DataSpeak Incorporated initiates setup of a new site on our servers or Domain Name with InterNIC or CIRA, at Customer's request, whichever of the above occurs first.

3. Changes

Prices, terms and conditions are subject to change at any time upon written notice to the customer. Prices are based upon price in effect at time of order, except in the event of published price increase. In the event of published price change, orders placed prior to the price change, and delivered within thirty days of the change, will receive the lesser of the new price and the price in effect at time of order. Prepaid services will receive the price in effect at the time of prepayment, for the term of the contracted service period. Scheduled deliveries of service after 30 days will be invoiced at the price in effect at time services are rendered. If any change is unsatisfactory to the Customer, the Customer may cancel the contract by mailing written notice to DataSpeak Incorporated within thirty (30) days from the effective date of the change. In the event of such cancellation after an announced change, deliveries made prior to cancellation will be billed at the contract rates prevailing prior to the change.

4. Warranty

   A. Customer warrants to have the full right and power to grant the rights to use the materials embodying the names, words, recordings, likenesses, identity, and performances of the photographers, artists and/or performers, free and clear of any rights or claims by the owners or any others, and shall indemnify and hold DataSpeak Incorporated, its agents, owners, employees, licensees, successors and assigns wholly harmless from any loss, liability, damage, cost of expense (including reasonable legal fees) from any claims by the owners or others arising from the use or any derivatives of the materials given to DataSpeak Incorporated to incorporate into the Customer’s Internet and Web Presence for promotional purposes.

   B. DataSpeak Incorporated warrants that the services to be provided will be performed in a reasonable time frame and be consistent with the specification of services outlined in the prevailing price list.

   C. THE FOREGOING WARRANTIES ARE EXCLUSIVE REMEDIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DataSpeak Incorporated WILL NOT BE RESPONSIBLE UNDER ANY PART OF THIS AGREEMENT FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.

5. Renewal

This contract will automatically be renewed for successive twelve month periods at the prices, terms and conditions prevailing at the time of renewal. DataSpeak Incorporated will mail written notice of the renewal within thirty (30) days of the commencement of the renewal period.

6. Cancellation

Customer may cancel the renewed contract period by mailing written notice of cancellation to DataSpeak Incorporated within thirty (30) days from receipt of the renewal notice. In the event of such cancellation after automatic renewal, deliveries made prior to cancellation will not be re-billed.

In the event Customer requests cancellation prior to the expiration of the Contract Period, the full amount due for the duration of the Contract Period shall be deemed to be fully earned by Service Provider. Payment of any unpaid balance shall be due within ten days after presentation of a Final Invoice by Service Provider. Upon receipt of payment of Final Invoice, Service Provider shall cooperate fully with Customer by promptly initiating transfer of any domain names belonging to Customer to another Service Provider of Customer's choice, or to Customer. Other assistance required by Customer in completing said transfer shall be provided by Service Provider, to the extent of its available capabilities, within a reasonable time period, and Service Provider shall receive compensation based upon a reasonable Estimate of time and expense expected to be incurred. 80% of said estimate shall be payable in advance by Customer, and the balance, based upon records of actual time and expense incurred, shall be payable within ten days of: (1) the date the service becomes effective at the new site, or (2) the date the transfer as described in the Estimate is completed, whichever occurs first.

7. General

Invoices shall be delivered to customers prior to delivery of the next month's, quarter’s (3 months’), or year's services, as applicable. Payment terms are due and payable upon receipt. DataSpeak Incorporated is not responsible to release any domain names until all billing is paid in full and can hold rights to a domain name until such billing is paid in full.

DataSpeak Incorporated shall not be liable for non-performance caused by circumstances beyond its control including, but not limited to, work stoppages of DataSpeak Incorporated employees or employees of others, fires, disruptions in the overall performance of the Intenet network, civil disobedience, civil commotions, riots, rebellions, insurrections, acts of God and similar occurrences. To the extent possible, Service Provider shall provide advance notice to Customer of any major planned maintenance or upgrades to its Systems that may affect the delivery of services for more than a fifteen minute period.

The contract prices, terms and conditions, in effect on the date of delivery, shall constitute the entire agreement between the Customer and DataSpeak Incorporated with respect to its subject matter, irrespective of inconsistent or additional terms and conditions in the Customer’s purchase order, in any other document submitted to DataSpeak Incorporated by Customer, or in representations made by DataSpeak Incorporated sales personnel.

8. Rights Reserved