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User Agreement

Complete this form and read through the agreement. By clicking on the I Agree button, you agree to all terms of this agreement. You will be contacted via email when your site is ready to go.


Name
Address
City State ZIP
Phone FAX
Email Address
Credit Card VISA MasterCard
Card Number Expiration Date
Desired Directory Name Alternate Directory Name FTP Access Password

1. CUSTOMER agrees to pay the proper fees, as listed in Exhibit A, for the desired type of "Internet Content Account," Internet server space provided by Web Resources to CUSTOMER to allow the CUSTOMER to place content on the Internet with a computer located at the CUSTOMER's site.

2. CUSTOMER certifies that he or she is at least 18 years of age, and will not use the Internet Access Account for illegal purposes, or for the harassment of other Internet users.

3. CUSTOMER agrees that the information accessible through Web Resources system or the Internet is offered as a community service and is not intended to be a substitute for individual professional consultation.

4. CUSTOMER shall defend, indemnify, and hold harmless Web Resources and its managers, and employees, from and against and and all loss, liability, claims, damages, costs or expenses (including attorney's fees and costs) relating to any breach of any warranties or representations made by CUSTOMER under this Agreement, or any claims which if true, would contradict any warranties or representations made by CUSTOMER under this Agreement.

5. Web Resources is not responsible for, and makes no claim to, any material placed on its systems by any user. Web Resources does not claim any copyright, trademark, or other interest in information through its system. Web Resources will not allow any pornographic (as defined by the U.S. government), or "hate" materials to be stored on its server.

6. WEB RESOURCES MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, TO CUSTOMER, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WEB RESOURCES MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, TO CUSTOMER THAT SERVICE WILL BE UNINTERUPTIBLE OR ERROR FREE.

7. Web Resources retains the right to set forth and enforce other user guidelines and policies in the future for specific services provided, such as space for User Web Page or FTP archives. Web Resources agrees that CUSTOMER shall have adequate access to such usage guidelines and policies through email, Usenet, Newsgroups or World Wide Web pages.

8. Web Resources may terminate this Agreement upon the breach of a material term herof by CUSTOMER. CUSTOMER may terminate this Agreement at any time by serving notice in writing, at which time the CUSTOMER's Internet Content Account will be terminated. CUSTOMER remains responsible for payment of charges incurred through the date on which the Agreement is terminated, including the full Internet Content Account fee for the month in which the Agreement is terminated. In the event that CUSTOMER terminates the Agreement for a"Yearly" type Internet Content Account, or the "Pre-Payment Package" type Internet Content Account. CUSTOMER waives all claim to reimbursement for any unused time remaining on the period of the Internet Content Account.

9. The term of this Agreement shall be successive periods of one (1) month, (except for the "Yearly" or "Pre-Payment Package" type accounts, whose periods shall be (1) year) unless either party provides written notice to the other party at least ten (10) days prior to the beginning of the next Successive Period, except in cases of CUSTOMER breach, in which no notice of termination is required.

10. By signing this agreement, the CUSTOMER agrees to read the Terms of Service found at the Internet address of http://gemstate.net/webres/terms.htm and agrees to be bound by such. In addition, the CUSTOMER understands that a copy of this User Agreement can be found at the Internet address of http://gemstate.net/webres/user.htm.

11. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, without regard to the conflict of laws provisions thereof.

12. Should any part, term, section, or provision of this Agreement be determined to be illegal or in conflict with any law, rule of law, statute, ordinance, or regulation, the illegal or conflicting part shall be deemed amended to the extent necessary to remove such illegality or conflict and the validity of the remaining portions shall not be affected thereby.

13. There are no representations, promises, warranties, conveniences, or undertakings other than those contained in this Agreement, which represents the entire understanding of the parties with respect to the subject matter herof. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by the parties hereto.

14. Use of an Internet Content Account also constitutes acceptance of these Terms and Conditions.

By clicking on the "I Agree" button, you agree to adhear to all of the sections of this agreement.

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