Welcome to the Arcadia Publishing, Inc dba Pagetrends.com, web hosting services Agreement. For purposes of this Hosting Agreement, Arcadia Publishing, Inc. dba Pagetrends.com will be reffered to herein as "ARCADIA" and all Clients which host with ARCADIA will be know herein as "Account Holder" and sometimes be refferred to as you or your when applicable.

This Hosting Agreement governs all Account Holder's purchase and use, in any manner, of all web hosting services, including the Shared Hosting Services and the Dedicated Hosting Services, (collectively, the "Services") as described herein, ordered by the Account Holder and accepted by ARCADIA, and describes the terms and conditions that apply to such purchase and use of the Services.

If you have registered for Co-Location Services, then the term "Services" shall also include such Co-Location Services so that this Agreement will govern your purchase and use of all such Services (including Co-Location Services); provided, however, that your purchase and use of the Co-Location Services shall also be governed by the terms and conditions set forth in the Co-Location section to this Agreement. If you did not register for Co-Location Services, however, then the Co-Location section is inapplicable to your purchase and use of the Services.

For purposes of this Agreement, the Shared Hosting Services include the E-Commerce Services.

By using ARCADIA hosting services, you hereby acknowledge that you have read and agree to be bound by the terms and conditions stated in this Agreement. For purposes of revisioning and providing the entire conditions and terms of this Agreement as they exist and for notification purposes, ARCADIA shall publish this Agreement at www.pagetrends.com and shall link to this and other Agreements from ".com Agreements" link located on the front page of the pagetrends.com website. The Account Holder further agrees that he/she is responsible for reviewing the Agreement from time to time to ensure that the Account Holder is in full compliance with the conditions and terms as specified herein.

BY ACCEPTING THIS AGREEMENT, AND REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, AND WILL CONTINUE TO RE-VISIT THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.

ARCADIA reserves the right to change or modify any of the terms and conditions contained in this Agreement, and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the Pagetrends.com website. ARCADIA will post a notice of such changes or modifications to this Agreement or the Addendum on the Web Site for thirty (30) days. ARCADIA may post changes or modifications to referenced policies and guidelines without notice to the Account Holder. Your continued use of the Services following ARCADIA's posting of any changes or modifications will constitute your acceptance of such changes or modifications.

Term and Payment for Services

Term
This Agreement shall be for an "Initial Term" of twelve (12) months from the order date if you register for Dedicated Hosting Services, or Shared Hosting Services. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term unless you provide ARCADIA with notice of termination either (a) at least thirty (30) days prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, if you registered for and are receiving Shared Hosting Services or (b) at least sixty (30) days prior to the end of the Initial Term or Renewal Term, whichever is then applicable, if you registered for and are receiving Dedicated Hosting Services. You must provide ARCADIA with your notice of termination in writing by sending your termination letter to 1146 Hurricane Creek Rd, Chattanooga, TN 37421 in the form of a certified letter that is to be signed by the recipient. Upon canceling your service, you must provide your cancellation notice on the Account Holder's company letter head along with sufficient customer identification information so that ARCADIA may properly identify you and your account. Any notice of termination will be effective upon ARCADIA's receipt thereof provided it has been sent within the sufficient notice as stated herein.

Termination Policy
If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) ARCADIA shall not refund to you any fees paid prior to such termination. Your termination request must be submitted to ARCADIA in the manner described above.  Client further understands that any outstanding balances owed on the account will become immediately due.

 ARCADIA may terminate this Agreement at any time and for any reason by providing to you thirty (30) days prior written notice of termination. If ARCADIA terminates this Agreement without cause, ARCADIA shall refund to the Account Holder, the pro-rata portion of pre-paid fees attributable to Services not yet rendered as of the termination date unless otherwise expressly provided herein.

Liability and Obligations on Termination
Should the Agreement expire or be terminated for any reason, ARCADIA will not be liable to you because of such expiration or termination for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from such termination or expiration. Any termination of this Agreement shall not relieve the Account Holder of any obligations to pay fees and costs accrued prior to the termination date and any other amounts owed by you to ARCADIA as provided in this Agreement.

Charges
The Account Holder agrees to pay for all charges attributable to your use of the Services at the then current ARCADIA prices. This shall include but is not limited to all development charges for work performed at the current rate of $80.00 per hour, which shall be exclusive of any applicable taxes. The Account Holder shall be responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services. The Account Holder shall be responsible for paying any banking fees associated with the Services, including but not limited to returned check fees, chargeback fees, wire transfer fees, and processing fees. The Account Holder's account will be assessed a $29 returned check fee for each returned check associated with their account, a $29 chargeback fee for each credit card chargeback associated with their account, and a $25 wire transfer fee for each payment received by wire transfer. These fees are non-refundable and subject to change without notice.

Payment
All charges for Hosting Services must be paid in advance according to the then current price applicable to the Services. All Charges for development relating to any account is to be paid half in advance and half on completion.  Upon registration for Shared Hosting Services or Dedicated Hosting Services, you must choose to pay for the Services either by credit card or upon your receipt of an invoice. If you choose to pay by credit card upon registering for Shared Hosting Services or Dedicated Hosting Services, you thereby authorize ARCADIA to charge your credit or debit card to pay for any charges that may apply to your account. You agree that ARCADIA may accumulate any supplemental charges, as described in the Order Form, incurred by you in your use of the Services ("Supplemental Charges") until such charges exceed $20 and then charge your card. You must notify ARCADIA of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit ARCADIA from charging your account. If you choose to be invoiced upon registration for Shared Hosting Services or Dedicated Hosting Services, ARCADIA will send an invoice to you for the Services applicable to the period for which you have registered for the Services. ARCADIA may also send periodic invoices to you for any applicable Supplemental Charges associated with your use of the Services. You agree to pay to ARCADIA the amount indicated in each invoice by the due date reflected on the invoice. If you fail to pay any fees and taxes within ten (10) days from applicable due date for credit card or invoice payments, late charges of the lesser of one and one-half per cent (1.5%) per month or the maximum allowable under applicable law shall also become payable by you to ARCADIA. In addition, your failure to fully pay any fees and taxes within ten (10) days after the applicable due date will be deemed a material breach of this Agreement, justifying ARCADIA's suspension of its performance of the Services and/or termination of this Agreement. You are responsible for any fees associated with reinstating of Services. Any such termination would not relieve you from paying past due fees plus interest. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees.

Non-Payment of Services
If there is an outstanding balance owed on any account for development or any other services rendered, Client understands that Arcadia can, at will, suspend and disconnect said account until all outstanding balances are paid in full. If Client refuses to pay any outstanding balance upon invoice, Client further understands that any ownership rights, title and interest pertaining to development, domain names, intellectual property rights and the like residing within their account will be forfeited to Arcadia in an attempt for Arcadia to recoup its losses through the sale of these intellectual assets to a third party should no other resolution for payment be satisfied. If payment is satisfied through successful litigation or mediation, Arcadia will, at time of payment in full, transfer all intellectual property rights back to the Account owner. 

If an account has been suspended due to non payment, Client agrees that a $500.00 re-instatement fee will be applied and will be appended to any outstanding  balances owed.

Use of Services

Applicable Policies
The ARCADIA Acceptable Use Policy governs the general policies and procedures for use of the Services. ARCADIA's Privacy Policy governs how ARCADIA collects, stores, processes and uses information associated with your use of the Services. The Acceptable Use Policy and the Privacy Policy are posted on ARCADIA's web site and may be updated from time to time.

YOU SHOULD CAREFULLY READ THE ACCEPTABLE USE POLICY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE ACCEPTABLE USE POLICY AND ANY MODIFICATIONS THERETO. ARCADIA RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE USAGE GUIDELINES OR THIS AGREEMENT.

Account Information
You agree to provide ARCADIA with accurate and updated account information. This includes but is not limited to name, address, phone number, e-mail address, and payment information. It is not ARCADIA's responsibility if we are unable to contact you as a result of inaccurate account information.

Material and Product Requirements
You must ensure that all material and data placed on ARCADIA's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by ARCADIA. ARCADIA will make no effort to validate any of this information for content, correctness or usability. In the event that your material is not "server-ready", ARCADIA has the option at any time to reject this material. ARCADIA will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of ARCADIA. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your web site. You must have the necessary knowledge to create and maintain a web site. It is not ARCADIA's responsibility to provide this knowledge or customer support outside of the Services agreed to by you and ARCADIA.

Bandwidth, Storage, and E-Mail Usage
You agree that use of the Services hereunder will not exceed the bandwidth that is determined as reasonable by ARCADIA. If you use any bandwidth or storage space in excess of what is determined as reasonable in the form of megabytes per month or if you exceed E-Mail storage and attachment size limitations, ARCADIA may, in its sole discretion, assess you with additional charges, suspend the performance of the Service, or terminate this Agreement. In the event that ARCADIA elects to take any corrective action, you will not be entitled to a refund of any unused pre-paid fees.

Domain Names
As part of the Services, you will provide ARCADIA with a registered domain name or names you currently own, or ARCADIA will register such domain name(s) selected by you, provided that such domain name is available for registration and does not violate any ICANN or ARCADIA DOMAIN policies, or any law or regulation. For purposes of security, Arcadia will maintain all domain names it registers under Arcadia's Administration and Registrar information to prevent scams and theft. In the event that Client intends to not renew its hosting services with ARCADIA, ARCADIA requires that the Account Holder submit an email specifying the Intellectual ownership information to be placed on record with the ICANN for their domain name or names. ARCADIA agrees that for non renewed accounts, at the time an account is disconnected from ARCADIA'S servers, ARCADIA will promptly change the registrar of record for the domain name(s) in question provided the account is in current standing. For accounts that contain multiple domain names that are associated with a unique account, the Account Holder is obligated to pay a fee of $100.00 per assigned domain that is attributed to the Account Holder's website.

In the event of any dispute or cause of action arising out of or related to your domain name, the Domain Agreement contained in this site will be used.

Co-Location Services
If you have registered for Co-Location Services, ARCADIA's provision of such services is subject to, in addition to the terms of this Agreement, the terms and conditions set forth in the Co-Location section to this Agreement. If you did not register for Co-Location Services, however, the Co-Location section is inapplicable to your receipt of the Services.

Account Referrals and Awards
Arcadia through its promotions, awards finders fees / commissions from time to time for customers and referring companies who refer business to Arcadia. Referral disbursements are limited to a percentage of the hosting fees only, as set forth by our affiliate agreement, and do not include any development fees which could accompany the creation of any given account.

Intellectual Property Rights

Your License Grant to ARCADIA
You hereby grant to ARCADIA a non-exclusive, worldwide, and royalty-free license for the Initial Term and the Renewal Term, if applicable, to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant to ARCADIA a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

Your Warranties And Representations to ARCADIA
You warrant, represent, and covenant to ARCADIA that (a) you are at least eighteen (18) years of age; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

ARCADIA Materials And Intellectual Property
All materials, including but not limited to any CMS systems created or developed, applications that customer is using to power its website features and options, computer software (in object code and source code form), data or information developed or provided by ARCADIA or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by ARCADIA to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto shall remain the sole and exclusive property of ARCADIA or its suppliers. ARCADIA shall also maintain and control ownership of all Internet protocol ("IP") numbers and addresses that may be assigned to you by ARCADIA. ARCADIA reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Enforcement

Investigation of Violations
ARCADIA may investigate any reported violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. ARCADIA will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.

Actions
ARCADIA reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement or related policies, or is otherwise objectionable or potentially infringing on any third party's rights or in potentially violation of any laws. In the event of becoming aware of any possible violation by you of this Agreement, any related policies, third party rights or laws, ARCADIA may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on ARCADIA's systems, and/or (d) disabling or removing any hypertext links to third-party web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by ARCADIA which, in ARCADIA's sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes ARCADIA to civil or criminal liability or public ridicule. It is ARCADIA's policy to terminate repeat infringers. The above stated rights of action, however, do not obligate ARCADIA to monitor or exert editorial control over the information made available for distribution via the Services. In the event ARCADIA takes corrective action due to such possible violation, ARCADIA shall not be obligated to refund to you any fees paid in advance of such corrective action.

Disclosure Rights
To comply with applicable laws and lawful governmental requests, to protect ARCADIA's systems and customers, or to ensure the integrity and operation of ARCADIA's business and systems, ARCADIA may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on ARCADIA's servers and systems. ARCADIA also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. To the extent any inconsistency exists between any terms of ARCADIA's Privacy Policy and ARCADIA's right disclose under this section, ARCADIA's right to disclose under this section will control.

Disclaimed Warranties
You acknowledge and agree that ARCADIA exercises no control over, and accepts no responsibility for, the content of the information passing through ARCADIA's host computers, network hubs and points of presence, or the Internet. ALL SERVICES PERFORMED HEREUNDER ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ARCADIA DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.

Limitation and Exclusion of Liability

Limitations
IN NO EVENT SHALL ARCADIA OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER ARCADIA NOR ITS SUPPLIERS SHALL HAVE LIABILITY WITH RESPECT TO ARCADIA'S OBLIGATIONS UNDER THIS AGREEMENT, THE ADDENDUM OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF ARCADIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE FOREGOING LIMITATION OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ANY EVENT, THE LIABILITY OF ARCADIA AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO ARCADIA BY YOU UNDER THIS AGREEMENT AND THE ADDENDUM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY ARCADIA HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE ARCADIA AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION.

Interruption of Service
You hereby acknowledge and agree that ARCADIA and its suppliers will not be liable for any temporary delay, outages or interruptions of the Services. Further, ARCADIA shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications, DNS or third-party supplier failure).

Indemnification
You hereby release and hold harmless, and agree to indemnify, ARCADIA and its affiliates and suppliers (and their respective employees, directors and representatives) against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by ARCADIA or its suppliers, arising out of or relating to (a) your violation or breach of any term, condition, representation or warranty of this Agreement, the Addendum or any applicable policy or guideline; (b) your improper or illegal use the Services; or (c) your violation, alleged violation, or misappropriation of any intellectual property right (including, without limitation, trademark, copyright, patent, trade secrets) or non-proprietary right of a third party (including, without limitation, defamation, libel, violation of privacy or publicity).

MISCELLANEOUS PROVISIONS

Entire Agreement
This Agreement and all policies incorporated herein by reference, constitutes the entire agreement between you and ARCADIA with respect to the subject matter hereof and there are no representations, understandings or agreements which are not fully expressed in this Agreement and the related policies.

No Fiduciary Relationship; No Third-Party Beneficiaries
ARCADIA is not the agent, fiduciary, trustee or other representative of you. Except for the rights of ARCADIA's suppliers under this Agrement hereof, nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto.

Identification
ARCADIA may, free of any obligation to pay compensation, use your name and identify you as a ARCADIA client, in advertising, publicity, or similar materials distributed or displayed to prospective clients.

Choice of Law and Forum
THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF TENNESSEE, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN HAMILTON COUNTY, TENNESSEE, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

Compliance With Laws
You shall at all times comply with all applicable laws and regulations and shall indemnify and save ARCADIA harmless from your failure to so comply. You agree that ARCADIA shall not have to perform any obligations set forth in this Agreement if such performance would violate any present or future law, regulation or policy of any applicable government.

Non-Assignment
You may not assign this Agreement or any right or obligation hereunder, by operation of law or otherwise, without ARCADIA's prior written consent. ARCADIA may assign its rights and obligations under this Agreement, and may utilize affiliate and/or agents in performing its duties and exercising its rights hereunder, without your consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.

No Waiver
ARCADIA's failure to enforce the strict performance of any provision of this Agreement or the Addendum will not constitute a waiver of ARCADIA's right to subsequently enforce such provision or any other provisions hereunder or thereunder.

Severability
Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement and the Addendum, if applicable, shall nonetheless remain in full force and effect and, if the subject term or provision is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.

Headings
The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof.

Survival
All provisions of this Agreement and the Addendum relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration hereof and thereof.

Co-Location Services

Additional Terms
Additional terms applicable to co-location services as stated in on the Co-Location section of the Agreement, if you have registered for Co-Location Services, the term "Services," as defined in the opening paragraph of the Agreement, shall include the Co-Location Services so that ARCADIA's provision of all such services is governed by both the terms and conditions set forth in the Agreement as well as the terms and conditions set forth in this Section. To the extent there are any contradictions between the terms of the Agreement and the terms of this Section with respect to your receipt of the Co-Location Services, then the terms of this Section shall control.

ARCADIA will permit you to locate certain network and computer equipment and software (the "Co-Location Equipment") in our data center (the "Facility"). ARCADIA shall provide or cause to be provided certain services ("Co-Location Services") as outlined in the applicable Order Form. In connection with providing the Co-Location Services, ARCADIA shall also perform or provide, at no additional charge to you, the following services which support the overall operation of the Accessible Space: environmental systems maintenance, power plant maintenance and janitorial services. You shall be responsible for any extraordinary maintenance, including, but not limited to, replacement of hardware or software that shall be required for the operation of Co-Location Equipment.

The Accessible Space is hereby accepted by you "as is". You may use the Accessible Space only for the purposes of installing, maintaining and operating hardware and software necessary to support local access communications facilities and/or links to ARCADIA or to other entities located outside of the Accessible Space.

You will provide, maintain, repair and/or replace the Co-Location Equipment, as needed, at your sole cost and expense. You shall setup, install, configure and generally make ready the Co-Location Equipment necessary to provide Co-Location Services. ARCADIA agrees that it shall cooperate fully with and assist you as reasonably requested thereby with the installation of you Equipment and the connection thereof to ARCADIA's network.

You shall be solely responsible for the handling, processing and filling any orders by customers generated by the Co-Location Equipment, if any, and for handling your customers' inquires and/or complaints arising therefrom.

During the Term, ARCADIA may, in its sole discretion, relocate the Co-Location Equipment and provide the Co-Location Services from a location other than the Facility. In such event, ARCADIA shall notify you of the new facility within ten (10) days of relocating Co-Location Equipment.

Term
Any Co-Location Services provided hereunder shall be provided to you for the initial term set out in the applicable Order Form. Your receipt of the Co-Location Services shall be automatically renewed under the Agreement and this Addendum as provided in this Agreement, and may be terminated by you only as provided under this Agreement. The termination of the Co-Location Services remains subject to This entire Agreement.

Fees And Payment
Upon registration for Co-Location Services, you must choose to pay for the services either by credit card or upon your receipt of an invoice. Your payment for all charges and fees are subject to the terms and conditions of this Agreement.

Warranties and Limitation on Liability
YOU ACKNOWLEDGE THAT YOUR RECEIPT OF THE CO-LOCATION SERVICES IS SUBJECT TO THE LIMITATIONS ON WARRANTIES AND ARCADIA'S AND ITS SUPPLIERS LIMITATIONS ON LIABILITY AS PROVIDED IN THIS AGREEMENT. YOU FURTHER ACKNOWLEDGES THAT THE INTERNET IS NEITHER OWNED NOR CONTROLLED BY ANY ONE ENTITY; AS A RESULT, ARCADIA AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE CO-LOCATION EQUIPMENT SHALL BE ABLE TO ACCESS THE INTERNET AT ANY GIVEN TIME. ARCADIA REPRESENTS THAT IT SHALL MAKE EVERY GOOD FAITH EFFORT THAT THE CO-LOCATION EQUIPMENT HAS INTERNET AVAILABILITY AS TO AS MANY USERS WITH AS MINIMAL INTERRUPTIONS OF CO-LOCATION SERVICE AS POSSIBLE; NEVERTHELESS, ARCADIA AND ITS SUPPLIERS CANNOT AND DO NOT WARRANT THAT THERE WILL BE SATISFACTORY AND/OR UNINTERRUPTED CONNECTIONS TO THE INTERNET.

Risk of Loss
You acknowledges that your are accepting ARCADIA's Co-Location Services at your own risk. Neither ARCADIA nor its suppliers shall bear any risk of loss or damage of the Co-Location Equipment, which shall be borne exclusively by you. ARCADIA shall bear the risk of loss or damage only of equipment that ARCADIA provides for the Co-Location Services. Neither you nor ARCADIA shall bear the risk of loss or damage of third party equipment used in providing the Co-Location Services.

Rights
During the Term and provided you are not then in default of any of the material terms of the Agreement or this Addendum, including, without limitation, any payment terms:

You will be allowed root access to the Co-Location Equipment. You shall have sole access to the Co-Location Equipment for programming purposes. You agree not to attempt or allow any of its users to attempt access to other Web servers, computers, routers, hubs or any other devices connected to any ARCADIA network to which you do not have an account. Further, you shall not interconnect the Co-Location Equipment with equipment or services of any entity without the prior written consent of ARCADIA. If any of the foregoing provisions are breached, in addition to any other remedies ARCADIA may have available at law, in equity or under the Agreement or this Addendum, ARCADIA will immediately deny root access to you without penalty to ARCADIA.

You are entitled to physical access of the Co-Location Equipment during normal business hours of the Facility or other facility where you Equipment is located. Each such visit shall be subject to ARCADIA's rules and regulations then in effect concerning access to the Facility or such other facility. In addition, you must maintain, at your expense, during the entire time this Agreement is in effect (1) Comprehensive General Liability Insurance in an amount not less than One Million U.S. Dollars ($1,000,000) per occurrence for bodily injury and property damage, (2) Employer's Liability Insurance in an amount not less than Five Hundred Thousand U.S. Dollars ($500,000) per occurrence, and (3) Worker's Compensation in an amount not less than that prescribed by statutory limits. Within ten (10) days of the date hereof, you shall furnish ARCADIA with certificates of insurance which evidence the minimum levels of insurance set forth herein and which name ARCADIA as additional insured.

The Co-Location Equipment, including all software not belonging to ARCADIA which constitutes a part thereof, is and shall remain proprietary to you. Title and all ownership and property rights in and to the Co-Location Equipment and all copyrights, trademarks, trade names, service marks and all other intellectual property rights of you and/or its suppliers are and shall remain the sole and exclusive property of you and/or its suppliers.

ARCADIA agrees that it shall not (i) modify the Co-Location Equipment, including any software, in any way, except for the purpose of resolving any issues which may effect other systems adversely, (ii) copy, except for backup or archival purposes, any software belonging to you included in the Co-Location Equipment, (iii) sell, lend, rent, lease or otherwise transfer or dispose of the Co-Location Equipment or any portion, component or copy thereof, (iv) use the Co-Location Equipment or any portion, component or copy thereof for any purpose other than the provision of the Co-Location Services to you as contemplated in this Addendum.

Content
ARCADIA will exercise no control whatsoever over, nor have any responsibility or liability whatsoever for, the content of the information passing through the Co-Location Equipment, which shall be your sole responsibility. ARCADIA shall make no effort to validate any information passing through the Co-Location Equipment for content, correctness, usability or for any other reason.

Prohibited Uses
In addition to the terms and conditions set forth in this Agreement relating to your use of the Services, you acknowledge and agree not to use, nor permit the use of or by any person, of Co-Location Equipment or any part thereof, including any links to other web space, (i) to transmit any obscene communications with intent to annoy another person or persons or to any person under 18 years of age, (ii) in violation of any patent, trademark, service mark, or copyright law, or (iii) to transmit unsolicited advertisements of services or products, a practice also known as "spamming" or mail relay "spamming".