This Web Site Hosting Agreement ("Agreement") constitutes the terms of service between you and David Isenhower DBA Promethean Solutions ("Promethean Solutions") in your use of Promethean Solutions' hosting services ("Services").  By using the Services, you agree to be bound by the terms as listed herein.

1. Service Description

Promethean Solutions will host your web site on its own servers or via third-party vendor services or products, provided that you abide by the terms and conditions set forth herein.

Term of Agreement and Modifications

You agree that you will be responsible for notifying Promethean Solutions should you desire to terminate your use of Promethean Solutions' Services. Notification of your intent to terminate must be provided to Promethean Solutions no earlier than 30 days prior to your billing date but no later than five days prior to your billing date.

You agree that Promethean Solutions may modify this Agreement and the Services from time to time. You agree to be bound by any changes Promethean Solutions may reasonably make to this Agreement when such changes are made. The term of this Agreement shall continue in full force and effect as long as you take advantage of and use the Services. In the event you terminate your usage, Promethean Solutions will not refund any amounts you have paid.

Availability of Services

Subject to the terms and conditions of this Agreement, Promethean Solutions shall attempt to provide the Services for twenty-four (24) hours per day, seven (7) days per week throughout the term of this Agreement. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation:

1. equipment malfunctions;
2. periodic maintenance procedures or repairs; or
   
3. causes beyond the control of Promethean Solutions

You agree that Promethean Solutions has no control of availability of the Services on a continuous or uninterrupted basis.

Service Availability Guarantee

1. periodic scheduled maintenance or repairs;
2. errors caused by you from custom scripting or coding;
3. outages that do not affect the appearance of the web site but merely affect access to the web site such as FTP and email;
4. causes beyond the control of Promethean Solutions or that are not reasonably foreseeable by Promethean Solutions.

Total Service Uptime shall be solely determined by Promethean Solutions and shall be calculated on a monthly basis.

Web Site Content

You shall be solely responsible for maintaining the content of your web site ("Content") and shall be responsible for the Content distributed through your website by any means of transmission. Your web site shall not consist of any of the following types of content:

1. pornographic, obscene or excessively profane content;
2. content intended to advocate or advance computer hacking or cracking;
3. gambling;
4. illegal activity;
5. drug paraphernalia; or
6. hate, violence or racial or ethnic intolerance.

SSL Certificates

Any SSL certificate you purchase through Promethean Solutions to use in conjunction with the Services provided by Promethean Solutions cannot and will not be exported.  Furthermore, Promethean Solutions cannot and will not release your private key. SSL Certificates purchased through Promethean Solutions are not refundable.

Information Shared with Vendors and Partners

As a condition of purchasing and using the Services, you acknowledge and agree that Promethean Solutions may provide your personal information to their partners and/or vendors, as required to provide the plans for which you are purchasing.

Upon the expiration of your initial hosting service term, your hosting service shall automatically renew for the same period of time and your payment method shall be charged for the renewal term on the renewal date. you acknowledge and agree that in the event you do not desire to automatically renew your hosting services for the same period of time, it is your responsibility and obligation to notify Promethean Solutions that you do not intend to renew your service.  Your failure to notify Promethean Solutions shall be deemed acceptance of the renewal term.

You represent and warrant to Promethean Solutions that your Content does not and shall not violate any applicable law or regulation and does not infringe upon the intellectual property rights of any person. You also warrant that your web site will not be used in connection with any illegal activity. You are responsible for ensuring there is no excessive overloading on Promethean Solutions' (or Promethean Solutions' vendors or partners) DNS or servers. In the event you exceed your allotted bandwidth or disk space, you shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use the Services as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Promethean Solutions reserves the right to remove sites containing information about hacking or links to such information. Use of your web site as an anonymous gateway is prohibited. Promethean Solutions prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by Promethean Solutions. You agree Promethean Solutions reserves the right to terminate the Services temporarily or permanently if Promethean Solutions is the recipient of activities that threaten the stability of its service. You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to: (i) disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email, or unreasonably large volumes of email on a daily basis; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which you do not have authorization to access or at a level exceeding your authorization; (vii) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; or (viii) engage in any other activity deemed by Promethean Solutions to be in conflict with the spirit or intent of this Agreement or any Promethean Solutions policy.

Storage and Security

At all times, you shall bear full risk of loss and damage to your web site and all of your web site content. You are entirely responsible for maintaining the confidentiality of your password and account information. You agree you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with your web site or any of your web site content displayed, linked, transmitted through or stored via the Services. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to your web site content; (ii) maintain independent archival and backup copies of your web site content; (iii) ensure the security, confidentiality and integrity of all your web site content transmitted through or stored via the Services; and (iv) ensure the confidentiality of your password. Promethean Solutions shall have no liability to you or any other person for your use of the Services in violation of these terms. You shall at all times use the Services as a conventional and/or traditional web site. You shall not use the Service in any way that shall impair the functioning or operation of the Services or equipment. Specifically by way of example and not as a limitation, you shall not use the Services as: (i) a repository or instrument for placing or storing archived files; and/or (ii) placing or storing material that can be downloaded through other web sites. You acknowledge and agree that Promethean Solutions has the right to carry out a forensics examination in the event of a compromise to your server or account.

You hereby authorize Promethean Solutions to log into Your server for purposes of maintaining the Services.

In the event you terminate, moving your web site off of the Promethean Solutions shared hosting servers is your responsibility. Promethean Solutions will not transfer or FTP your web site to another provider. In the event your use of the Services is terminated, Promethean Solutions will not transfer or manage your Services or your web site content.

You agree you are entirely responsible for maintaining the confidentiality of your login and password. You agree you are entirely responsible for any and all activities that occur under your account. You agree to notify Promethean Solutions immediately of any unauthorized use of your login or any other breach of security. You agree Promethean Solutions will not be liable for any loss that you may incur as a result of someone else using your login, either with or without your knowledge. You further agree you could be held liable for losses incurred by Promethean Solutions or another party due to someone else using your login. You agree that you will be responsible for all activity in your account, whether initiated by you, or by others on your behalf, or by any other means. Promethean Solutions specifically disclaims liability for any activity in your account, whether authorized by you or not.

As a condition of your use of the Services, you agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions. You agree you will not be entitled to a refund of any fees paid to Promethean Solutions if, for any reason, Promethean Solutions takes corrective action with respect to your improper or illegal use of its Services.

Promethean Solutions reserves the right at all times to disclose any information as Promethean Solutions deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Promethean Solutions's sole discretion. Promethean Solutions reserves the right to terminate Services at any time, without notice, for any reason whatsoever.

You agree Promethean Solutions may immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay Promethean Solutions liquidated damages of $1 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Promethean Solutions' actual damages.

As consideration for the Services purchased by you and provided to you by Promethean Solutions, you agree to pay Promethean Solutions at the time you order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. Promethean Solutions expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by you by providing a personal check or money order.  Promethean Solutions reserves the right to cancel your Services in the event you fail to pay the fees due on your account.  Promethean Solutions reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to you. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties

IN NO EVENT SHALL Promethean Solutions BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Promethean Solutions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, Promethean Solutions' liability is limited to the full extent permitted by law. You agree that in no event shall Promethean Solutions' maximum aggregate liability exceed the total amount paid by you for the particular Software or Service in dispute purchased from Promethean Solutions.

Promethean Solutions EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Promethean Solutions MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Promethean Solutions DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THAT FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

You agree to defend, indemnify and hold harmless Promethean Solutions and its contractors, agents, employees, officers, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to your use of the Services you purchased from Promethean Solutions or your breach of this Agreement. In addition, you agree to indemnify and hold Promethean Solutions harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by ou, or any allegation that your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of you elsewhere. Should Promethean Solutions be notified of a pending law suit, or receive notice of the filing of a law suit, Promethean Solutions may seek a written confirmation from you concerning your obligation to indemnify Promethean Solutions . Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Promethean Solutions shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Promethean Solutions of any such claim promptly in writing and to allow Promethean Solutions to control the proceedings. You agree to cooperate fully with Promethean Solutions during such proceedings.

You agree you will not be entitled to a refund of any fees paid to Promethean Solutions if, for any reason, Promethean Solutions takes corrective action with respect to your improper or illegal use of its services.

This agreement shall be deemed entered into in the State of Ohio. You agree that the laws and judicial decisions of Clermont County, Ohio, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Clermont County, Ohio.

You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.

You agree that all notices (except for notices concerning breach of this Agreement) from Promethean Solutions to you may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address you have on file with Promethean Solutions. In either case, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from you to Promethean Solutions shall be made either by email, sent to the address provided on the Promethean Solutions Web site, or first class mail to Promethean Solutions' address at:

Promethean Solutions, 5760 Willnean Drive, Milford, OH  45150.

You agree that this Agreement including the policies and agreements it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only Agreement between you and Promethean Solutions regarding the Services contemplated herein.

You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

The failure of Promethean Solutions to enforce any of the provisions within this Agreement or its incorporated agreements and policies against you or others shall not be construed to be a waiver of the right of Promethean Solutions thereafter to enforce such provisions.

Promethean Solutions will make every effort to keep its Web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Promethean Solutions liable for any of the consequences of such interruptions.