Pampa Web Connections

User Agreement

This User Agreement ("Agreement") is an agreement between DBrown Enterprises ("Pampa Web Connections"), and the party set forth in the related order form incorporated herein by reference (together with any subsequent order forms submitted by Customer, the "Order Form"), and applies to the purchase of all services (collectively, the "Services") ordered by Customer on the Order Form. Such party is referred to in this Agreement as "Customer" or "you". PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE BUTTON ON THE ORDER FORM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING PAMPA WEB CONNECTIONS' USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

Pampa Web Connections reserves the right to reject this Agreement for any reason or no reason, prior to acceptance thereof by Pampa Web Connections. Activation of the Services shall indicate Pampa Web Connections' acceptance of this Agreement. Subject to the terms and conditions of this Agreement, Pampa Web Connections will provide to Customer the Services selected by Customer set forth on the Order Form.

Under this Agreement, Customer shall comply with Pampa Web Connections then current "Usage Policy", as amended, modified or updated from time

to time by Pampa Web Connections, which currently can be viewed at http://www.pampaweb.net/legal.php, and which is incorporated in this Agreement by reference. Customer hereby acknowledges that it has reviewed the Usage Policy and that the terms of the Usage Policy are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the

Usage Policy, the terms of the Usage Policy shall govern. Pampa Web Connections does not intend to systematically monitor the content which is submitted to, stored on or distributed or disseminated by Customer via the Service (the "Customer Content"). Customer Content includes content of Customer's

Amendment:

Pampa Web Connections may amend, modify or update this Agreement or the Usage Policy at any time in its sole discretion, and Customer shall be bound by any such amendment, modification or update. Pampa Web Connections may, but is under no obligation to, provide notice of any amendment, modification or update of this Agreement or the Usage Policy. Any modification is effective on the earlier of two days after posting on Pampa Web Connections website or two days after the sending of a notice by Pampa Web Connections to Customer by e-mail or conventional mail. If any material modification to this Agreement or the Usage Policy is unacceptable to you, you may terminate your subscription as provided in Section 3. However, if you do not terminate the Agreement, or if you continue to use the Services following effectiveness of the modification, your continued use will mean that you have accepted that modification. Pampa Web Connections reserves the right to amend its service offerings and add, delete, suspend or modify the terms and conditions of the Services, at any time and from time to time, and to determine whether and when any such changes apply to both existing and future customers.

Term; Termination; Cancellation Policy.

The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".

This Agreement may be terminated (i) by either party by giving the other party 30 days prior written notice (subject to an early cancellation fee as provided below), (ii) by Pampa Web Connections, in the event of nonpayment by Customer, (iii) by Pampa Web Connections, at any time, without notice, if, in Pampa Web Connections judgment, Customer is in violation of any term or condition of the Usage Policy or Customer's use of the Service disrupts or, in Pampa Web Connections judgment, could disrupt, Pampa Web Connections business operations and (iv) by Pampa Web Connections in accordance with Sections 1, 9, and 10 of this Agreement.

If you cancel this Agreement prior to the end of the Term, (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation, (ii) Pampa Web Connections shall refund to you all pre-paid fees for basic hosting services (shared, dedicated and/or managed) for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees and any discount applied for prepayment, (iii) you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term (other than basic hosting fees as provided in (ii) above) and (iii) Pampa Web Connections shall have the right to charge you an early cancellation fee of $25.00. Any cancellation request shall be effective 30 days after receipt by Pampa Web Connections, unless a later date is specified in such request.

If Pampa Web Connections cancels this Agreement prior to the end of the Term, Pampa Web Connections shall not refund to you any fees paid in advance of such cancellation and (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation, (ii) you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term and (iii) Pampa Web Connections shall have the right to charge you an early cancellation fee of $25.00.

Billing and Payment.

All fees for the Services shall be in accordance with Pampa Web Connections fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. A $5.00 late fee will apply to accounts past due more than ten (10) calendar days from the due date. Pampa Web Connections may, with 30 days notice to Customer, amend the Services and/or the rates and fees it charges for the Services. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. Pampa Web Connections may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due Pampa Web Connections remains unpaid twenty (20) days after such payment is due, Pampa Web Connections, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. There will be a $25.00 charge to reinstate accounts that have been suspended or terminated. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of Pampa Web Connections) shall be paid by Customer.

Customer agrees that Pampa Web Connections may pre-charge Customer's fees for the Services to the credit card supplied by Customer during registration.

Returned checks will be assessed a $30.00 charge. Wire transfers will be assessed a $30.00 charge.

Caching.

Customer expressly (i) grants to Pampa Web Connections a license to cache the entirety of the Customer Content and Customer's web site, including content supplied by third parties, hosted by Pampa Web Connections under this Agreement and (ii) agrees that such caching is not an infringement of any of Customer's intellectual property rights or any third party's intellectual property rights.

CPU Usage.

Customer agrees that Customer shall not use excessive amounts of CPU processing on any of Pampa Web Connections servers. Any violation of this policy may result in corrective action by Pampa Web Connections, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Pampa Web Connections sole and absolute discretion. If Pampa Web Connections takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

Bandwidth and Disk Usage.

Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Pampa Web Connections will monitor Customer's bandwidth and disk usage. Pampa Web Connections shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Pampa Web Connections sole and absolute discretion. If Pampa Web Connections takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

Property Rights.

Pampa Web Connections owns all right, title and interest in and to the Services and Pampa Web Connections trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Services and the related hardware, software and systems ("Marks"). Noting in this Agreement constitutes a license to Customer to use or resell the Marks.

Customer Web Site; E-Commerce; Customer Warranties.

Customer shall be solely responsible for the development, operation and maintenance of Customer's web site, online store and e-commerce activities, for all products and services offered by Customer or appearing online and for all contents and materials appearing online or on Customer's products, including, without limitation (i) the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products, (ii) ensuring that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and (iii) ensuring that the Customer Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. Customer shall be solely responsible for accepting, processing and filling customer orders and for handling customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its web site and online store.

Customer shall be responsible for the security and confidentiality of any customer information (including, without limitation, customer credit card numbers) that Customer may receive as a result of its web site or online store.

Customer represents and warrants to Pampa Web Connections that Customer owns or has the right to use the Customer Content and material contained therein, including all text, graphics, sound, music, video, programming, scripts and applets, and the use, reproduction, distribution and transmission of the Customer Content and any information and materials contained therein does not, and will not, (i) infringe or misappropriate any copyright, patent, trademark, trade secret or any other proprietary right of a third party, (ii) violate any criminal laws or (iii) constitute false advertising, unfair competition, defamation, an invasion of privacy, violate a right of publicity or violate any other law or regulation. Customer grants Pampa Web Connections the right to reproduce, copy, use and distribute all and any portion of the Customer Content to the extent needed to provide and operate the Services.

Disclaimer of Warranty.

Customer agrees to use all Services and any information obtained through or from Pampa Web Connections, at Customer's own risk. Customer acknowledges and agrees that Pampa Web Connections exercises no control over, and accepts no responsibility for, the content of the information passing through Pampa Web Connections host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF Pampa Web Connections, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, AN "Pampa Web Connections PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT PAMPA WEB CONNECTIONS PROVIDES. NO PAMPA WEB CONNECTIONS PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. PAMPA WEB CONNECTIONS IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CLIENTS VIA THE SERVICES PROVIDED BY PAMPA WEB CONNECTIONS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY PAMPA WEB CONNECTIONS PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.

Indemnification.

Customer agrees to indemnify, defend and hold harmless Pampa Web Connections and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) Customer's use of the Services, (ii) any violation by Customer of the Usage Policy, (iii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iv) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.

Limitation of Liability.

Customer agrees that no Pampa Web Connections Person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Pampa Web Connections at the time) which may exist in the Services or Pampa Web Connections equipment used to provide the Services.

Under no circumstances, including negligence, shall any Pampa Web Connections Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, any Reseller Customer or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if Pampa Web Connections has been advised of the possibility of such damages. No Pampa Web Connections Person shall be liable to Customer, any of its customers, any Reseller Customer or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Pampa Web Connections records, programs, equipment or services.

Notwithstanding anything to the contrary in this Agreement, Pampa Web Connections maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

Customer understands, acknowledges and agrees that if Pampa Web Connections takes any corrective action under this Agreement because of an action of Customer or one if its customer or a Reseller Customer, that corrective action may adversely affect other customers of Customer or other Reseller Customers, and Customer agrees that Pampa Web Connections shall have no liability to Customer, any of its customers or any Reseller Customer due to such corrective action by Pampa Web Connections.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.

Force Majeure.

Pampa Web Connections shall not be liable for failure or delay in performing it obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

Governing Law; Jurisdiction; Arbitration.

This Agreement shall be governed in all respects by Texas law without regard to the conflict of law provisions thereof. Both parties submit to personal jurisdiction in Texas . Any controversy or claim arising out of, relating to or in connection with this Agreement, or the breach thereof, shall be subject to arbitration administered by the American Arbitration Association ("AAA") in accordance with its then existing Commercial Arbitration Rules (collectively, the "AAA Rules") and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be Pampa , Texas , or any other place selected by mutual agreement of the parties. An award rendered in connection with an arbitration pursuant to this Section shall be final and binding upon the parties and the parties agree and consent that the arbitral award shall be conclusive proof of the validity of the determinations of the arbitrations set forth in the award, and any judgment upon such an award may be entered and enforced in any court of competent jurisdiction. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The parties hereby waive all in personam jurisdictional defenses in connection with any arbitration hereunder or the enforcement of an order or award rendered pursuant thereto. In any legal action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this section shall survive any termination of this Agreement.

Assignment.

Customer shall not have the right to assign this Agreement without the prior written consent of Pampa Web Connections. This Agreement shall be binding upon and inure to the benefit of Customer and Pampa Web Connections and their successors and permitted assigns.

Entire Agreement; Severability.

This Agreement, together with the Order Form and any other documents or agreements specifically identified in this Agreement, represents the entire agreement between the parties, and supercedes all previous representations, understandings or agreements. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

Customer hereby represents that he, she or it is either, an individual entering this Agreement for his or her personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.