Visteva Hosting Services Agreement (HSA)
Modified January 1, 2004

Formation of Agreement. This agreement is entered into by and between VISTEVA CORPORATION, a California Corporation, (hereinafter referred to as "Visteva") and any and all users of the services (hereinafter collectively referred to as "Client").

Services and Rates. Visteva agrees to provide web hosting services to Client according to the service levels specified by the hosting plan selected by Client (hereinafter referred to as the "Hosting Plan"). Client shall pay compensation to Visteva for the Services to be provided hereunder at the rate specified by the Hosting Plan. Client understands and acknowledges that the fees and features of hosting plans are subject to change.

Invoices for services are due according to the terms stated on the invoice. If invoices becomes 10 days or more overdue, Visteva reserves the right, at its sole discretion, to charge the entire unpaid account balance to Client's credit card, charge late fees, charge reactivation fees and/or suspend or terminate service until payment is made.

Service Periods and Termination. Hosting service is provided on a monthly basis. For the purposes of this contract, a "Service Period" is counted from the first day of a calendar month through the last day of the calendar month. Either party may terminate this agreement in writing at any time. If Client's service commitment has not yet expired, Client agrees to pay all remaining fees under this contract, or a termination fee equal to six months of hosting service, whichever is lower.

If the service commitment has expired and Client has prepaid for hosting service, Visteva agrees to credit and refund any fees for unused Service Periods. Client acknowledges that no credit is available for any partially used Service Period. To avoid charges for partially unused Service Periods, provide written notice of termination by 5:00PM Pacific Time three days prior to the beginning of the next Service Period.

Prohibited Uses of Network. Client agrees not to use Visteva's servers or network to send unsolicited or high volume e-mail messages, or to promote a Visteva-hosted domain name in any unsolicited or high volume e-mail message. Client agrees not to upload, transmit, display, facilitate, provide access or link to any materials (a) of a pornographic or sexual nature, (b) of a racist or discriminating nature, or (c) of a violent or illegal nature.

Violation of any prohibited uses of Visteva's networks and servers or your account may result in immediate termination or suspension without notice. Client will be liable for any amounts due for early termination.

Ownership of Stored Digital Information. The parties agree that there are two classifications of digital information stored in the online space provided under this contract.

Web sites, software, images, documents, reports, concepts, inventions, trade secrets or other materials developed by Visteva and provided to Client under license are owned by Visteva. Visteva acknowledges responsibility to maintain master or backup copies of all such digital information.

Databases, original content, images, documents, reports or other materials developed by Client or generated automatically through the use of Client's web site are owned by Client. Client acknowledges responsibility to maintain master or backup copies of all such digital information.

Visteva agrees not to voluntarily disclose or facilitate disclosure of any digital information stored in Client's online space without the express permission of Client or court order. Visteva makes no warranties or guarantees on the integrity or safety of the storage of the digital information, as events beyond its control make such guarantee impossible.

Remedies. To the maximum extent permitted by applicable law, in no event shall Visteva or its suppliers be liable for any special, incidental, punitive, indirect or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the hosting services, the provision of or failure to provide support or other services, information, software and related content through the Services or otherwise arising out of the use of the Services, or otherwise under or in connection with any provision of this agreement.

Complete Agreement. This agreement contains the complete agreement of the parties and supersedes any other agreements, written or oral, between the parties. No agreement or understanding, oral or written, in any way modifies the terms and conditions set forth herein, unless submitted to Visteva in writing and signed by an officer of Visteva Corporation. If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

Applicable Law and Venue. This agreement shall be governed by the laws of the State of California and if suit is necessary, it is agreed that venue shall be with the Municipal/Superior Court of Placer County, State of California, located at Auburn, California. If suit is necessary to collect under the contract, both parties agree to pay the prevailing party any reasonable court costs, expenses and/or attorney's fees.

Binding Guarantee. This Agreement shall be binding upon, and inure to the benefit of, the parties. By accepting the services under this contract, Client and its Representative hereby agrees to the terms and conditions set forth above and does personally guarantee payment for all services rendered.