Revised October 12, 2000

1. Introduction

Thank you for choosing Quickcase LLC as your source for quality Webhosting Services. We believe that this service sets the standard in features and value, in large part because of the following policies.

This entire Webpage at http://www.quickcase.com/termsofservice.htm describes the basis upon which we will provide Webhosting Services to you. "We," "us" and "our" means QuickCase LLC, an Ohio limited liability company and our affiliates. "You" or "your" of course refers to you, the customer who purchases Internet webhosting and other services from us, and your employees and agents. By initiating and using our Webhosting Services and Products, you agree to be bound by all of these Terms of Service, the first one being that you agree to reply to our email indicating your acceptance of these Terms of Service, and that you have read and made a copy of this Webpage for your business records. If you do not agree to these Terms of Service, do not initiate or use our Webhosting Services and Products.

Many of the provisions contained in these Terms of Service have been created to promote the integrity, security, reliability and privacy of the Webhosting facilities, network, and your uploaded data. We want to make sure that you understand important principles, guidelines and requirements that govern your use of our Webhosting Services and Products. If you have any questions about these Terms of Service and your compliance with them, do not hesitate to contact us.

2. You must comply with the Law

You agree not to post, transmit, re-transmit or store any Webpages, data or electronic files of any kind on or through any Webhosting Services that (i) violates local, state, federal or non-United States laws or regulations, (ii) materials that threatens or otherwise adversely affects any person, group or entity, (iii) materials that violates the rights of person, group or entity, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for your use or (iv) Web pages, data or electronic files of any kind that are obscene, indecent or defamatory. We and our affiliates are the sole and absolute arbiter of who and what violates these Terms of Service. You agree to indemnify, save, defend and hold us harmless from any claims or causes of action for damages, injunctive relief or any other remedies asserted by any person, group or entity resulting from your use of Webhosting Services, and in addition, you are liable for all of our reasonable attorneys' fees and litigation costs incurred in defending same. You are responsible for determining what laws or regulations apply to you. Under no circumstances do we give legal advice concerning this or any other matter. Consult with your own attorney.

3. Prohibited Uses of Webhosing Services

You are only permitted to use Webhosting Services in a manner that, in our sole and absolute judgment, is consistent with the purposes of such Webhosting Services. If you are unsure of whether any contemplated use or action is permitted, please contact and discuss this with us, immediately. The fact that you are granted Webhosting Services does not imply that your intended or actual use complies with these Terms of Service. Moreover, it does not waive our right, in are sole and absolute discretion, to assert any prohibited uses against you. By way of illustration and not limitation, the following uses of Webhosting Services are expressly prohibited:

3.1. General

3.1.1. All pornography and pornographic related merchandising is prohibited under all catagories of Webhosting Services. This includes sites that provide links to pornographic content elsewhere. Further examples of unacceptable content or links include pirated software, "hacker" programs, archives of "Warez Sites", game rooms or MUDs, Chat Rooms, IRC Bots, Egg Drop programs, and any kind of illegal software or shareware.

3.1.2. You may not violate the rights of any person, group or entity protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations,and this includes, but not limited to, the installation (uploading) or distribution of "pirated" or other software products that are not appropriately licensed to you.

3.1.3. You may not take any action that may directly or indirectly restrict, inhibit or impinge upon anyone else's use or enjoyment of Webhosting Services. By way of illustration and not limitation, you may not SPAM.

3.2. System and Network

3.2.1. Generally, you may not undertake any action that we and our affiliates determine, in our sole and absolute discretion, will reflect poorly on us or negatively impact Webhosting operations.

3.2.2. You may not directly or indirectly induce or affect security breaches or disruptions the Webhosting Services, network and Internet communications generally. Security breaches include, but are not limited to, accessing data when you are not an intended recipient, or logging into a server or account when you are not expressly authorized to access same. For purposes of this paragragh, "disruptions" include, but are not limited to, port scans, flood pings, packet spoofing and forged routing information.

3.2.3. You may not initiate or use any form of network monitoring that intercepts data not intended for you or your Webhosting Services.

3.2.4. You may not directly or indirectly circumvent any user authentication or security of any host, network or account.

3.2.5. You may not directly or indirectly interfer with or deny service to any user other than to your own Webhosting Services, Webpages, data and your other electronic files. By way of illustration and not limitation, you may use pasword protection to access your Website, but you may not cause a denial of service attack against others.

3.2.6. You may not directly or indirectly, by any means, locally or via the Internet, use any program, script or command, or send messages of any kind, designed to interfere with or to disable a user's terminal session.

3.2.7. You may not create an "active" full time connection to your Webhosting account by using artificial means involving software, programming or any other method. By way of illustration and not limitation, you may not maintain your FTP client connection to your site 24 hours a day.

3.2.8. You may not attempt to circumvent or alter any monitoring, bandwidth tracking or utilization reporting, or undertake any other actions that affects normal Webhosting operational procedures, including, but not limited to altering, removing or in any way modifying or tampering with Website log files.

3.2.9. You may not directly or indirectly introduce malicious programs such as viruses or worms into the bhosting network or server.

3.2.10. You may not undertake any action which we and our affiliates deem, in our sole and absolute discretion, to be an unacceptable use of resources, business practice or otherwise unacceptable to us.

3.3. Billing

3.3.1. You may not furnish us with false or incorrect data for any order form, contract or online application. By way of illustration and not limitation, you may not fraudulently use credit card numbers or bank account information.

3.3.2. You may not attempt to circumvent or alter billing or any other procedure to measure time, bandwidth utilization, or other methods to document your "use" of the Webhosting Services.

3.4. Email

3.4.1. You may not send unsolicited commercial email messages ("UCE"), including sending "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previously your customers or with whom you do not have an existing business relationship (this is commonly referred to as "SPAM").

3.4.2. You may not send any UCE that references an email address connected in any way with your Webhosting Services, Webpages, data and your other electronic files, or other domain or IP address hosted by us and/or our affiliates.

3.4.3. You may not post any advertisements on IRC, ICQ, or any other public chat system containing an email address connected in any way with your Webhosting Services, Webpages, data and your other electronic files, or other domain or IP address hosted by us and/or our affiliates.

3.4.4. We and our affiliates will be the sole and absolute arbiter as to what constitutes a violation of these provisions.

3.4.5. You may not directly or indirectly harassment and person, group or entity, whether through language, frequency or size of message.

3.4.6. You may not forge or use without specific authorization, any mail header information.

3.4.7.. You may not solicit email for any other email address with the intent to harass or collect replies.

3.4.8. You may not create or forward what is commonly referred to as "chain letters" or "pyramid schemes" of any type.

3.4.9. You may not use or collect unsolicited email or replies to UCE originating from within our Webhosting Services or that of our affiliates, or the network of any Internet Service Providers, whether for your own account or on behalf of anyone else.

3.4.10. You may not engage in any activities deemed to be unsolicited marketing efforts or otherwise harassing in any way.

3.4.11. You will be charged as liquiated damages, and not as a penalty, a minimum $500.00 service charge for each instance of a verifiable UCE that is reported to us and our affiliates. Moreover, you face immediate account suspension and/or termination, as well as further penalties, more particularly set forth below.

4. Bandwidth & Utilization

You are provided the allotted Web Space (you Plan's Disk Space) and unlimited monthly data transfer in good faith for only legitimate business purposes of running a Website, so that you may create and maintain Websites without the fear of running over any Web traffic allocation. We recognize, however, that others may try to take advantage of this policy and use the Web Space and traffic in ways not intended. In the best interests of you and all of our other customers, the following common sense rules apply to you so that we can maintain the integrity of Webhosting Services:

4.1. You and your site will use and store only Webpages, data and other electronic files that relate to your Website at the IP address that we or our affiliates designate.

4.2. You will not resell or give away Web Space under your domain name. Moreover, you will not build Websites that house "sub domain" Websites on behalf of other persons, groups or entities.

4.3. You neither will use your Website to store Webpages, data or other electronic files for other IP addresses or domain names, nor use your Website as a repository for electronic file, data or "Warez group" download transfers. We and our affiliates reserve the right to make this determination in our sole and absolute discretion.

4.4. You are provided the allotted Web Space (you Plan's Disk Space) and unlimited monthly data transfer for active Webpages only. Accordingly, you will not use the Web Space as a "storage space" for data and other electronic files unrelated to the active Webpages. By way of illustration and not limitation, you may not use the Web Space for "electronic storage" of large archives of images, compressed files, movies, or sound files. The Webhosting Service does permits up to 15 megabytes of archive storage, such as avi or wav files, images, compressed files, shareware, games, programs, etc., but your Website's active Web pages MUST be linked to these files.

4.5. You may not store or distribute MP3 format files.

4.6. You are not permitted to use the Web Space, Webpages, data and other electronic files or maintain a Website where 20% or more of the your monthly traffic is from file downloads, or 10% or more of system resources of any Web Server that serves your Web Space. We may in our sole and absolute discretion terminate your Webhosting Services if you use your Web Space, Webpages, data or other electronic files or maintain your Website in any manner detrimental to the enjoyment of others using our Webhosting Services or that of our affiliates.

We and our afflitiates may take whatever steps necessary to ensure that you do not utilize services to the detriment of others. This includes the metering of your site. We and our affliates are the sole and final arbiter as to your Website's usages of Web Server resources and bandwidth that violates the Terms of Service. If you do not comply with these simple rules, or seek in any way to to take advantage of the unlimited monthly data transfer, we, in our sole and absolute discretion, may cancel and terminate your Webhosting Plan, Web Space and Website, including, but not limited to, the removal of your Web pages, data or other electronic files from the Web Servers.

Moreover, if you violate these Terms of Sevice, you will be charged as liquiated damages, and not as a penalty, a minimum of $500.00 for each instance of violation, plus additional charges at twice the stardard rate for (i) the bandwidth and/or other resources utilized and (ii) the removal of your Web pages, data or other electronic files from the Web Servers. Moreover, you will be deemed to have waived any claim for refund relating to the balance of Webhosting Services to be provided under your Webhosting Plan. Your payment for your Webhosting Plan constitutes your acceptance of the Terms of Services, and your use of Webhosting Services constitutes your acceptance of any and all fines, penalties or service charges that may arise out of your violation of the Terms of Service. We and our affliates are the sole and final arbiter as to usage of Web Server resources and bandwidth that constitute violation or intent to violate the Terms of Service.

5. Account Activation, Automatic Renewal and Refusal of Service

5.1. Your payment to activate your Webhosting Plan and commence Webhosting Services, including all initial setup fees, is due at the time of signup. This and all subsequent payments must be in U.S. Dollars.

5.2. Unless the cost of the Webhosting Plan changes or you decide to switch plans or you timely indicate in writing otherwise, your Webhosting Services will be based on the election of Annual Plan Cost, which will automatically renew for successive 12 month periods. We will bill you 45 days prior to the anniversary date when the Webhosting Services commenced, and full payment is due 30 days prior to the anniversary date. By submitting to us credit card or ACH information, or information relating to any other form of Internet payment system, you agree to authorize all recurring charges to the credit card or Internet payment system, as the case may be. We will initiate such recurring charges on the 30th day prior to the anniversary date, so any written instruction from you to change your Webhosting Services must be received by us prior to that date. This policy avoids the chance that your service is disrupted.

5.3. If you have a Webhosting Plan in which you are paying monthly, your Webhosting Plan will automatically renew each month. Unless the cost of the Webhosting Plan changes or you decide to switch plans or you timely indicate in writing otherwise, your account will automatically renew each month. For all monthly accounts, you are required to submit to us credit card or ACH information, or information relating to any other form of Internet payment system, and you agree to authorize all recurring charges to the credit card or Internet payment system, as the case may be. You must pay for two months of service upon commencing your Webhosting Services, and we will initiate payment of such recurring charges 30 days prior to the expiration of service. Any written instruction from you to change your Webhosting Services must be received by us prior to that date. This policy avoids the chance that your service is disrupted.

5.4. You agree to pay the fees and other charges for Webhosting Services ordered from us as published above. We reserve the right to change rates without prior notice to you. Any changes in price will take effect upon renewal of the your Webhosting Services account, and immediately for new purchases. We reserve the right to change our fees, features and discount offerings and you agree to be bound by any changes such changes.

5.5. We and our affiliates reserve the right to refuse or deny Webhosting Services in our sole and absolute discretion.

5.6. You will be assessed a $75.00 Webhosting Services reactivation fee for each time your account is suspended due to a billing-related issue.

5.7. You will not receive a refund for any setup fees. You may be entitled to a refund of monthly recurring hosting fees should you timely terminate your Webhosting Services as set forth above.

6. Indemnification

You agree to indemnify, save, defend and hold us and our affiliates harmless from any and all charges, expenses, claims and causes of action for damages, injunctive relief or any other remedies asserted by any person, group or entity resulting from your use of Webhosting Services and for any matter arising from or relating to your Website, Webpages, data or other electronic files. In addition, you are liable to us for all of our reasonable attorneys' fees and litigation costs incurred in defending same.

7. Relationship of Parties

Nothing contained in the Terms of Service shall be deemed to create a relationship between you and us in the nature of a partnership, joint venture, enterprise, editor/publisher or otherwise. Youacknowledge and agree that we and our affiliates have no interaction with your Webpages, data or other electronic files or the substance of your Website, except as necessary to maintain the Website on Web Servers.

8. Security and Software

8.1. You agree to take all reasonable, necessary and prudent steps to protect your login ID and password.

8.2. You agree not to attempt to undermine or cause harm to any Web Server, software, system or customer of us or our affiliates.

8.3. You agree to maintain your computer equipment in a responsible manner, including running and maintaining commerically available anti-virus software.

8.4. If you upload a virus to a Web Server, we reserve the right in our sole and absolute discretion to terminate your Webhosting Services.

8.5. You acknowledge that we and our affiliates cannot provide technical support for any software and/or script that you install or intend to use. You also acknowledge that we and our affiliates do not supply technical support for any version of Microsoft FrontPage. We provide technical support for Web hosting issues only and we, in our sole and absolute discretion will determine what constitutes a "Web host" issue.

8.6.You are solely responsible to maintain an adequate backup storage policy and procedure, and regularly backup your own local computer files, which shall include any and all versions of Webpages, data or other electronic files that you upload to the Web Space and Web Server.

9. Confidentiality and Passwords

9.1. You acknowledge that by commencing and maintaining Webhosting Services, both we and you may have access to certain products, information, user identifiactions, passwords and materials relating to the other’s business, which may include business plans, customers lists, software technology, and marketing plans ("Confidential Materials") that are confidential and of substantial value to either party, respectively, and the value of Confidential Information would be impaired if disclosed to third parties. Consequently, both we and you agree not to use Confidential Materials in any way for one's own account or for the account of any third party, and not to disclose same to any third party.

9.2. We and you further agree to take every appropriate precaution to protect the confidentiality of Confidential Information. Upon the termination of Webhosting Services for any reason, there shall be no use or disclosure by either party of any Confidential Materials in one's possession, custody or control, and all Confidential Materials shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of Webhosting Services for any reason.

9.3. Please note that in setting up your Webhostingg Services, we will set a login ID and password to access your domain, Web Space, Webpages, data and other electronic files that relate to your Website (collectively, the "Domain Passwords"). For security, it is very important that you change your domain password to something else after the new setup is complete. We will not have a record of your new Web Passwords unless you disclose same to us. If as part of the setup for your Webhosting Services, you ask us to setup your email service, then initially you must disclose to us the username IDs and associated passwords for the email service (collectively, the "Email Passwords"). If you want us to maintain a record of your Domain Passwords and Email Passwords, we may charge you an annual fee. Otherwise, we may charge you a fee if later you want such information from us and we are able to locate it within our archived records. You agree that we are not obliged to keep a record of your Domain Passwords and Email Passwords or any other access key, unless you pay us an agreed fee specifically to maintain same. If you want to disclose to us your Web Passwords and/or Email Passwords, you should send to us an email to disclose them. If you are concerned about securely transmitting this information, contact us about how to use Microsoft Word or Corel WordPerfect to prepare a disclosure document attachment with password protection. Nothing herein relieves your obligation to create and maintain an accessible confidential record of all Domain Passwords and Email Passwords and any other access keys.

10. Registration, Ownership, Transfer and Renewal of Your Domain Name

10.1. Your Webhosting Services are dependent upon your maintaining the registration of your domain, in which you have specific and exclusive ownership rights. Network Solutions, Inc. should bill you directly to activate and renew your domain registration. The activation and every renewal of your domain are solely your responsibility, and not that of us, our affiliates or anyone else. We strongly urge you regularly to review and update your account information on file with Network Solutions, Inc. to ensure accuracy. Mark your master calendar well in advance of your domain registration renewal date to track and confirm its renewal.

10.2. If the activation of your account requires the transfer of your domain, you understand that the agency known as InterNIC needs to approve your domain transfer. This process may take several business days or more, and requires the cooperation of your prior web host, as well as the company through whom you registered your domain name. Your new Webhosting Services cannot be fully accessed until your domain transfer is completed.

11. Products

You may inquire of us about, and we may feature, recommend and sell to you, certain products including computer hardware and software, peripherals, merchandise and other electronic or mechanical equipment ("Products") and configuration and integration services for same. By purchasing Produicts and/or configuration and intergration services from us, you agree to be bound by the provisions contrained in the Terms of Service. You are responsible for obtaining the benefit of any and all product warranties directly from the manufacturer. You represent that you are not relying upon any recommendation or warranty from us. You must fill out all Product warranty registration forms and return same to the manufacturer. Payment for such Products and our configuration and integration services, if any, is due in full at the time you place the order with us.

12. Estimates

All quotes involving installation and configuration services are based on an estimate of the number of hours of work to complete a project, installation or configuration or any phase thereof, based on impressions at the time of the quote. Actual time required will vary based on many variables that are difficult to predict. Some of the variables that cause unforeseen integration issues include but way of example and not limitation: your existing hardware and software and its installation and maintenance; your resolution of issues addressed at time you place the order; your change of scope of the installation or configuration; the technical ability of you and your staff; the degree of you or your staff's involvement in project, installation and configuration; work conditions present at your facility; latent bugs in software that you selected for integration, and other situations that are beyond the our control. We reserve the right to change our quotes at any time.

13. Delays

You acknowledge that the Webhosting Services and Products provided pursuant to the Terms of Service may have to be ordered from and be made subject to availability and/or delivery by vendors, manufacturers, distributors, wholesalers, or transport companies not subject to our control. We shall not be liable for any claims for damages, whether direct, indirect, special, incidental, consequential, exemplary or of any other nature, for delay in delivery or installation, or for the failure to give notice of such delay, including by way of example and not limitation, delays in transportation, scheduling or unavailability of labor, delays due to labor strife or acts of God, delays in delivery by manufacturers, distributors or other third-party vendors, and delays due to or reasonably within your control, whether by your action or inaction.

14. IMPORTANT: READ CAREFULLY -- DISCLAIMER AND LIMITATION OF DAMAGES

14.1 DISCLAIMER. YOUR PURCHASE AND USE OF WEBHOSTING SERVICES, PRODUCTS, CONFIRGURATION AND INTEGRATION SERVICES ARE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AGENTS, SUPPLIERS AND AFFILIATES PROVIDE TO YOU WEBHOSTING SERVICES, PRODUCTS, CONFIRGURATION AND INTEGRATION SERVICES AS IS; AND WE AND OUR AGENTS, SUPPLIERS AND AFFILIATES HEREBY DISCLAIM WITH RESPECT TO ALL WEBHOSTING SERVICES, PRODUCTS, CONFIRGURATION AND INTEGRATION SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO: TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, LACK OF ERROR, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, INTERRUPTION OF WEBHOSTING SERVICES, LOSS OF YOUR DATA (WHETHER RESULTING FROM DELAYS, FAILURE OF DELIVERY, WRONG OR INADVERTENT DELIVERY), AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY US, OUR EMPLOYEES, AGENT AND AFFILIATES OR ANY OTHER CAUSES. MOREOVER, NEITHER WE NOR OUR AGENTS, SUPPLIERS AND AFFILIATES MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF WEBHOSTING SERVICES, PRODUCTS, CONFIRGURATION AND INTEGRATION SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION CONTAINED OR PROVIDED THROUGHOUT THIS WEBSITE, QUICKCASE.COM. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF WEBHOSTING SERVICES, PRODUCTS, CONFIRGURATION AND INTEGRATION SERVICES AND ANY SUBSEQUENT SUPPORT SERVICES REMAINS WITH YOU.

14.2 EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND OUR AGENTS, SUPPLIERS AND AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE WEBHOSTING SERVICES, PRODUCTS, CONFIRGURATION AND INTEGRATION SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF WE AND OUR AGENTS, SUPPLIERS AND AFFILIATES, OR ANY OF US, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU OR ANY OTHER PERSON OR ENTITY ASSERT A CLAIM AGAINST US, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT OR STRICT LIABILITY, OUR SOLE CUMULATIVE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO US BY YOU.

14.3 LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT CLAIM OR INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF US AND OUR AGENTS, SUPPLIERS AND AFFILIATES AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF $25.00 OR THE AMOUNT THAT YOU ACTUALLY PAID TO QUICKCASE LLC, WITHIN THE PAST 12 MONTHS FROM THE DATE YOU ASSERT SUCH CLAIM , FOR THAT PARTICULAR WEBHOSTING SERVICES AND PRODUCTS OR CONFIRGURATION AND INTEGRATION SERVICES, IF ANY, THAT YOU COMPLAIN ABOUT. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. ANY ACTION AGAINST US MUST BE BROUGHT WITHIN 12 MONTHS AFTER THE CAUSE OF ACTION ARISES.

14.4 ARBITRATION. ANY CONTROVERSY, CLAIM OR OTHER MATTER THAT YOU ASSERT AGAINST US ARISING OUT OF OR RELATING TO THE TERMS OF SERVICE, OR THE ALLEGED BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT, IF ANY, UPON THE AWARD RENDERED BY ONE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. WE SHALL NOT BE LIABLE TO YOU FOR ANY COST THAT YOU INCUR FOR ARBITRATION AND/OR LITIGATION, INCLUDING YOUR ATTRONEY'S FEES, FILING FEES AND ARBITRATOR'S FEES.

15. Default and Termination

15.1 Without prior notice to you, we reserve the right in our sole and absolute discretion to immediately deactivate your Web Account and Webhosting Services, terminate your Webhosting Plan, and remove your Web Pages, data or other electronic files from the Web Servers upon the occurrence of any of the following events:

15.1.1. Your failure to pay any charges when due. Accounts that have balances outstanding shall be deemed to be in default and subject to termination of Webhosting Services.

15.1.2. Your breach of any term or condition of the Terms of Service.

15.1.3. The commencement of any lawsuit, arbitration or other legal proceeding against you that arises from or relates to your Website or use of the Web Space, whether or not such lawsuit, arbitration or other legal proceeding names us or seeks any recovery or other remedy from us.

15.2. You are liable to us for all costs of collection, including reasonable attorney's fees and court costs, if we initiate legal action against you for nonpayment of any amounts due to us pursuant to the Terms of Service. You agree that the Terms of Service is an Agreement between you and us made in Hamilton County, Ohio, and you irrevocably submit to the jurisdiction of the municipal and common pleas courts located in Hamilton County, Ohio should we need to institute any legal action against you for violating the Terms of Service.

16. Miscellaneous Provisions

16.1 We retain the right to modify the Terms of Service at any time and from time to time. Any such modification shall be immediately effective when adopted by us and published at http://www.quickcase.com/terms of service.htm, and you agree to be bound thereby. If you have a Web Account, any modification in Terms of Service and price shall be immediately effective upon your renewal of the your Web Account.

16.2 The headings in the Terms of Service are inserted for convenience and identification only, and are in no way intended to describe, interpret, define or limit the scope, extent or intent of the Terms of Service or any provision.

16.3 Our waiver or consent, express or implied, to or of any breach or default by you in the performance of your obligations hereunder is not a consent or waiver to or of any other breach or default in your performance of the same or any other obligations. Failure on our part to complain of any act or to declare you in default hereunder, irrespective of how long that failure continues, does not constitute our waiver of any of our rights with respect to that default.

16.4 If any provision of the Terms of Service or the application of any provision to any person or circumstance shall be held invalid, the remainder of the Terms of Service, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected.

16.5 The Terms of Service contain the entire agreement between you and us with regard to the matters set forth herein. There are no other understandings or agreements, verbal or otherwise, in relation thereto between you and us, except as herein expressly set forth.

16.6 These Terms and Conditions will supersede any previous communications, representations or agreements by us, whether verbal or written. Your request for a subsequent modification of the Terms of Service as applied to you must be in writing and signed by our authorized representative in order to bind us thereto.

16.7 This Agreement shall become effective on the date entered into and shall be binding upon and inure to the benefit of you and us, and your and our respective executors, administrators, heirs, successors, delegates, affiliates and/or assigns.

16.8 If you are a corporation, partnership, limited liabilty company or entity other than an individual, you represent that you have been duly authorized and empowered to enter into the Terms of Service.

16.9 The Terms of Service shall be governed in all respects under the laws of the State of Ohio applicable to contracts made, accepted and performed wholly in Ohio, without application to principles of conflict of laws.

16.10 Unless you email us to indicate otherwise, we may include your name and brief description of your business (with hot link to your Website, if any) along with other QuickCase customers on a customer listing Webpage that is maintained within the QuickCase.com Website.

If you have any questions or comments regarding the Terms of Service, you may contact us as follow:

email: stonehill@quickcase.com
mail: QuickCase LLC, PO Box 15795, Cincinnati, OH 45215-0795
or, telephone or fax: 513-761-7899