TERMS OF USE

By and between PrimoGaleria and their web hosting customer, who henceforth shall be referred to as "Customer". The parties agree to the following, which shall apply throughout the term of this agreement: 1. DEFINITIONS A. "Plans" shall refer to services offered by PrimoGaleria, as listed online at http://www.primogaleria.com/pg_solutions.cfm B. "Customer", as mentioned above, shall refer to the end user who is utilizing the web hosting services provided by PrimoGaleria. 2. PRICES All prices for Plans provided by PrimoGaleria to its Customers are in U.S. Dollars. Customers must pay for services provided by PrimoGaleria in U.S. Dollars. 3. ORDER ACCEPTANCE AND PAYMENT A. All orders are subject to acceptance by PrimoGaleria. An order will be deemed accepted when written (e-mail) confirmation of the order is sent to the Customer. PrimoGaleria may refuse to accept, or delay for any period of time, any order for any reason. B. Payment and Terms: Payment shall be made to PrimoGaleria in U.S. dollars only. Payments are due upon account activation and future account renewal, and may be made through the use of a valid credit card, personal/business check, or money order. Payment for services shall be made monthly if paid via credit card, and quarterly if paid via check or money order. Credit card payments will occur automatically until Customer requests cessation of service. If shortfalls in payment to PrimoGaleria of the full invoice amount occur due to bank fees, transfer fees, or the like, PrimoGaleria will re-invoice The Customer for the shortfall. Should payment in full of any invoice (aside from the shortfalls mentioned above) not be received by PrimoGaleria within thirty (30) days after account activation or renewal, PrimoGaleria may discontinue, withhold, or suspend services to the Customer. Customers are granted 20MB, 40MB, or 80MB of storage space depending upon the plan chosen. When Customer begins to reach the maximum limit of storage allocated, they will be notified through both the administrator console as well as through email notification to the main email address given. Upon exceeding maximum limits, PrimoGaleria will automatically upgrade the plan to an additional 20MB for the monthly charge of $10.00 US. C. Cancellations of service must be made in writing via the Customer's Administrator Console and must be made with 30 days advance notice. No charges will be made 30 days after proper cancellation of service, and can not be made without the correct account password. D. Should any Customer attempt a chargeback for services knowingly purchased from PrimoGaleria, PrimoGaleria shall immediately shut off services for that Customer and will pursue full legal recourse against the Customer to recoup any and all losses. If a chargeback occurs as a result of Customer error, a $20 fee will be assessed on top of the full chargeback amount. On a second attempt at a chargeback, PrimoGaleria shall immediately discontinue services to the Customer and pursue full legal recourse to recoup any and all losses, and future services to the Customer shall be denied. E. Setup fees, for any services or Plans, are not refundable, regardless of the length of time the service or Plan is used by the Customer. F. Billing Cycle: the Billing Cycle for any and all services commence the day following the day the services/Plans were ordered. PrimoGaleria can not, for any reason, change the Billing Cycle for a Plan or service. G. The Customer is responsible for providing PrimoGaleria with the proper and correct Billing and Payment Information. Any and all fees incurred due to incorrect Billing and/or Payment information are the sole responsibility of the Customer. H. Changes to services provided to the Customer must be submitted in writing to the Billing Department and must include the account password. Upgrades are charged a setup fee of the difference between the setup fees of the two Plans, and a prorated fee for the difference in Plan prices. Downgrades do not receive a credit. The Customer must be aware of what will be gained and/or what will be lost in changing Plans. PrimoGaleria is not responsible for lost files, data and/or information due to changes in Plans. Plans that have been shut off for 15 days are deleted from our servers. If, after 15 days and a site has been deleted, a Customer desires to reactivate a site, they will need to order a new Plan and will be held responsible for ensuring they have adequate backups/copies of their site. A site that has been deleted from our servers is not recoverable. I. PrimoGaleria is not responsible for the Customer's failure to use the services/Plans offered by PrimoGaleria. The Customer has the right to cancel the services/Plans they have purchased at any time. J. Additional Fees: You agree that use of the Services hereunder will not exceed any usage limits/allocations set forth under the Personal, Professional, or Platinum Plan details. If you do exceed any of the specified usage limits/allocations, PrimoGaleria may, at its sole discretion, assess you with additional charges (where those additional charges are listed under upgrade options within the PrimoGaleria Administrative console and website), suspend the performance of the Service, or terminate this Agreement. 4. DUTIES OF PRIMOGALERIA PrimoGaleria may acquire an internet domain name on behalf of the Customer as specified in the Customer's request for services. Should the Customer acquire the domain name on their own, without the assistance of PrimoGaleria, the Customer is responsible for any and all fees necessary for the acquisition of the domain name. Any costs incurred by PrimoGaleria in the process of obtaining or maintaining a domain name for the Customer shall be immediately reimbursed to PrimoGaleria upon receipt of invoice for said services and fees. A. Domain Registration: The Customer is responsible for checking on the availability of any domain name associated with any of the services offered by PrimoGaleria. The Customer is also responsible for correctly entering any and all domain information (this includes, but is not limited to, the spelling of the domain, proper domain extension, etc.) during the course of ordering any services offered by PrimoGaleria. PrimoGaleria is not responsible for domain name availability. If a Plan is built by PrimoGaleria using an unavailable or incorrect domain name, the Customer will be charged a $20.00 fee for any resulting corrections made by PrimoGaleria. PrimoGaleria does not, in any way, alter any domain information when building sites for the Customer. Domain information is entered solely by the Customer, and is, therefore, the sole responsibility of the Customer. B. Domain Changes: If a Plan is ordered using an incorrect domain name, the Customer will be invoiced for any and all fees incurred by PrimoGaleria in the proper registration/correction/completion of the Customer's order. These fees may include, but are not limited to, any administrative costs, domain registration costs, and costs incurred in the correction of domain registration information charged by the domain Registrar. 5. LIMITATION OF PRIMOGALERIA's OBLIGATIONS AND LIABILITY A. PrimoGaleria will utilize its best efforts to maintain acceptable performance of services contracted for, but PrimoGaleria makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. PrimoGaleria cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. PrimoGaleria will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. PrimoGaleria shall not be liable to Customer for any claims or damages which may be suffered by Customer, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions whether or not caused by the fault or negligence of PrimoGaleria. B. PrimoGaleria may discontinue servicing any Plan, or may require fulfillment of conditions PrimoGaleria may choose to impose as a prerequisite for continuing to service any Plan. PrimoGaleria agrees to provide Customer with reasonable notice via e-mail or fax of any such intent to discontinue or impose conditions unless it is determined that such notice would cause harm to PrimoGaleria. The following activities are specifically not allowed by PrimoGaleria and will result in IMMEDIATE account termination: Running ADULT web sites, Running HATE web sites, participation in undirected bulk e-mail delivery (SPAMMING) either through the use of our mail servers or not, GAMBLING web sites, or any sites promoting or participating in ILLEGAL activities. C. PrimoGaleria's liability to Customer, and any end user of any Plan or other PrimoGaleria services is limited to the amount paid to and received by PrimoGaleria for services not accepted. In no event shall PrimoGaleria be liable to Customer, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if PrimoGaleria has been advised of the possibility of such damage. D. Customer will take all necessary measures to preclude PrimoGaleria from being made a party to any lawsuit or claim regarding PrimoGaleria services provided to any Customer or end user. Customer hereby agrees to indemnify and hold harmless PrimoGaleria from any and all claims of whatever nature brought by any of Customer's customers against PrimoGaleria in excess of the remedy set forth in paragraph 5(C). E. While PrimoGaleria provides backup services (with the exception of IIS .log files), and makes every effort to provide previous copies of customer files (up to two weeks and for a specified dollar amount as specified on their web site), to its customers, it is not guaranteed that these copies will be available as there are unknown issues that may arise preventing complete or acceptable restorations. F. Restoration of data from the backups PrimoGaleria provides are done during normal business hours and based on the average ticket time for all Support requests. During off hours, every attempt is made to restore data as quickly as possible. However, off hours are used to run the backups of all server data on the PrimoGaleria network. Therefore, while we are backing up server data, our ability to restore data at the same time that backups are running is limited and will generally take considerably longer that requests made during normal business hours. G. PrimoGaleria has a third party run security and vulnerability audits of their network. These audits include, but are not limited to, port scans, server configuration audits, and other security and vulnerability checks that help ensure that the network PrimoGaleria manages is as secure as possible. At times, current or potential PrimoGaleria customers request to have their own audits run on the PrimoGaleria network. PrimoGaleria prohibits third parties from running any type of security audit or check of their network, apart from those audits or checks that are initiated by PrimoGaleria or that have prior written approval from PrimoGaleria. Unauthorized scans or checks of the PrimoGaleria network will be treated as an attack against the PrimoGaleria network and will be dealt with accordingly, including, but not limited to, immediate account termination and/or any legal recourse available. 6. PROPERTY RIGHTS PrimoGaleria owns all rights, titles and interests in PrimoGaleria's trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of Plans and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This agreement does not constitute a license to Customer to use PrimoGaleria's trade names or service marks. The use by Customer of the other property rights mentioned here is authorized only for the purposes of marketing and selling Plans. 7. CONFIDENTIALITY Customer acknowledges that by reason of its relationship with PrimoGaleria hereunder, it may have access to certain information and materials relating to PrimoGaleria's business, plans, customers, software, and marketing strategies that is confidential and of substantial value to PrimoGaleria, which value would be impaired if such information were disclosed to third parties. Customer agrees that it will not use in any way for its own account nor for the account of any third party, nor disclose to any third party, any such information revealed to it by PrimoGaleria. Customer further agrees that it will take every reasonable precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by the Customer of any such confidential information in its possession, and all confidential materials shall be returned to PrimoGaleria or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, PrimoGaleria shall be entitled to injunctive relief, which relief shall not be contested by Customer. PrimoGaleria, for its part, recognizes that PrimoGaleria, in providing the services outlined in this Agreement, has certain obligations with respect to Customer confidentiality and acknowledges a reciprocal agreement relating to the protection of Customer information, including any and all contact information, payment information, web site content, coding and scripting. Therefore, PrimoGaleria agrees that it will not use in any way neither for its own account nor for the account of any third party, nor disclose to any third party, any confidential information revealed to it by the Customer. On occasion, PrimoGaleria partners with companies who may provide the Customer with certain products and/or services that may be of benefit the Customer. In such circumstances, the Customer will be informed of these partnerships via email from PrimoGaleria. However, at times the Customer may be required to sign up for said services directly with the third parties, and thus provide personal information willingly and by themselves to the third party. PrimoGaleria does not, and can not, warranty any information provided by the Customer to a third party. PrimoGaleria further agrees that it will take every reasonable precaution to protect the confidentiality of such information. In the event of termination of this Agreement, there shall be no use or disclosure by PrimoGaleria of any such confidential information in its possession, and all confidential materials shall be returned to the Customer or deleted from the PrimoGaleria servers. The provisions of this section shall survive the termination of the Agreement for any reason. 8. RELATIONSHIP OF THE PARTIES The relationship between PrimoGaleria and Customer is that of vendor and vendee. They shall not be construed as being joint ventures, franchiser/franchisee, or employer/employee. This agreement is a commercial agreement between businesses, not a consumer agreement. Customer has no authority, apparent or otherwise, to contract for or on behalf of PrimoGaleria, or in any other way legally bind PrimoGaleria in any fashion, nor shall Customer be authorized to make any representations about PrimoGaleria or its services other than to set forth PrimoGaleria's responsibilities as outlined in this agreement. 9. APPLICABLE LAW, JURISDICTIONAL MATTERS This agreement takes effect when accepted by PrimoGaleria in California. It is to be governed by and construed under the laws of the State of California and the United States of America. The federal and state courts of the State of California shall have exclusive jurisdiction to adjudicate any non-arbitrable dispute arising out of this agreement. Customer hereby expressly consents to (1) the jurisdiction of the courts of California and (2) service of process being effective upon it by registered mail sent to the address set forth at the beginning of this document, as may be changed from time to time by written notice actually received by PrimoGaleria. To the extent permissible by the law of Customer's jurisdiction, Customer waives any requirement that service of process or of any documents be made upon it pursuant to the provisions of the Hague Convention. 10. ENTIRE AGREEMENT; MODIFICATIONS This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. PrimoGaleria may make changes to this agreement. However, no significant changes (the significance to be determined by PrimoGaleria) can be made without thirty (30) days' written notice provided to Customer, advising of the change and the effective date thereof. Utilization of PrimoGaleria services by Customer and/or its Customers following the effective date of such change shall constitute acceptance by Customer of such change(s). 11. ACCEPTANCE OF TERMS BY CLICKING ON THE "AGREE" BUTTON, AND REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL POLICIES AND GUIDELINES INCORPORATED