Thank you for visiting JAMSpiritSites.com ("Site"). Please review the following basic terms that govern your use of our Site. JAMSpiritSites.com, a division of JAM Web Designs, Inc., provides the services within pursuant to the terms, conditions and notices set forth below. Please read them carefully. By using this Site, you (referred to below as “you”, or “customer” or “user”) are agreeing to use JAMSpiritSites.com’s services in a manner consistent with the terms and conditions of this Agreement and with all applicable laws and regulations. JAMSpiritSites.com may modify this Agreement at any time.

NOTE: IF YOU DO NOT AGREE TO COMPLY WITH THIS AGREEMENT, PLEASE DO NOT USE THIS SITE OR THE SERVICES IT OFFERS.

1.0 General.
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.

2.0 Site Contents.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by JAMSpiritSites.com collectively, and its subsidiaries and/or affiliates. The Site as a whole is protected by copyright and trademarks, both statutory and at common law, all worldwide rights, titles and interests in and to which are owned by JAMSpiritSites.com and all other JAMSpiritSites.com trademarks, whether statutory or common law, appearing at this Site are trademarks of JAMSpiritSites.com.

Any website/s designed by JAMSpiritSites.com for your use and benefit shall include advertising which shall be at JAMSpiritsites.com’s sole and absolute discretion. Additionally, by use of this website, you are authorizing JAMSpiritSites.com to use any material presented to our company by you that may or may not be contained on your website, to include, but not limited to, likenesses, images, logos, text, whether print, television, internet, digital or the like for advertising purposes.

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

3.0 User Comments, Feedback and Other Submissions.
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to JAMSpiritSites.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain JAMSpiritSites.com's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to JAMSpiritSites.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, JAMSpiritSites.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. JAMSpiritSites.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You agree that JAMSpiritSites.com may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that JAMSpiritSites.com may use your information for marketing and promotional purposes.

4.0 JAMSpiritSites.com's Communication To You.
You agree that JAMSpiritSites.com may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of JAMSpiritSites.com 's products or services, or for such other purpose(s) as JAMSpiritSites.com deems appropriate.

5.0 Links To Other Websites and Services.
To the extent that this Site contains links to outside services and resources, the availability and content of which JAMSpiritSites.com does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

6.0 Indemnification.
You agree to defend, indemnify and hold JAMSpiritSites.com harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

7.0 Miscellaneous.
This Agreement shall be construed in accordance with the laws of the State of Oklahoma, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Oklahoma and the parties specifically waive any legal right to bring an action in any other forum.

8.0 Uniform Domain Name Dispute Resolution Policy (As Approved by ICANN on October 24, 1999 and implemented by JAM Web Designs, Inc., on July 17th, 2004)

8.1 Purpose.
This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at http://www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.

8.2 Your Representations.
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.

8.3 Cancellations, Transfers, and Changes.
We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.

8.4 Mandatory Administrative Proceeding.
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at http://www.icann.org/udrp/approved-providers.htm (each, a "Provider").
a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that
(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
(ii) you have no rights or legitimate interests in respect of the domain name; and
(iii) your domain name has been registered and is being used in bad faith.
In the administrative proceeding, the complainant must prove that each of these three elements are present.
b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").
f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

8.5 All Other Disputes and Litigation.
All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

8.6 Our Involvement in Disputes.
We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

8.7 Maintaining the Status Quo.
We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.

8.8 Transfers During a Dispute.
a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

8.9 Policy Modifications.
We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at www.JAMSpiritSites.com at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.

9.0 Termination.
This Agreement is effective unless and until terminated by either you or JAMSpiritSites.com. You may terminate this Agreement at any time. JAMSpiritSites.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in JAMSpiritSites.com's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or JAMSpiritSites.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

10.0 SpiritSite Terms of Service.
This Agreement sets forth JAMSpiritSites.com's terms of service. All services provided by JAMSpiritSites.com are provided in accordance with this document. JAMSpiritSites.com may modify this document from time to time as needed by publishing it online.

10.1 SERVICE.
JAMSpiritSites.com, as an Internet World Wide Web service provider, provides a server computer that is integrated into the Internet. This server computer sends and receives information as related to the World Wide Web. Customer desires to connect to and utilize the software and hardware facilities of JAM within the SpiritSite network. The use of any data or material by the Customer via the service provided by JAMSpiritSites.com is at the Customer's sole and absolute risk. JAMSPIRITSITES.COM SPECIFICALLY DISCLAIMS AND DENIES ANY RESPONSIBILITY FOR THE COMPLETENESS AND/OR ACCURACY OF QUALITY OF ANY AND ALL INFORMATION OBTAINED THROUGH THE SERVICES TO BE PROVIDED HEREBY.

10.2 USE OF SERVICE.
This agreement hereby is intended for the use of only one web site unless otherwise stated in service plan. It is for the exclusive use of the Customer whose name specifically appears on the order and/or contract and does not extend to any other person or entity. Customer may assign SpiritSite privileges, if desired, to third parties with the knowledge of and written permission by JAMSpiritSites.com, which shall not be unreasonably withheld. Client is responsible for the content of any website assigned to a third party and the third party shall be bound by the terms under this agreement. The domain name, along with all template(s), graphics, multimedia content and components (collectively, the "SpiritSite"), available from the entry point of the domain (the "Site") and all related code within Customer's site are the property of JAMSpiritSites.com and/or its affiliates. All material provided by Customer, including copyrighted, trademarked, or word marked images, text, audio clips and video clips is the sole property of the Customer or any third party assigned by Customer. JAMSpiritSites.com is not and will not be held responsible for the loss or damage of any customer materials and/or data.

10.3 DISCLAIMER

JAMSpiritSites.com, at its sole discretion, may change the terms, conditions and operation of this website (the "Site") at anytime. By using this service the user agrees to the terms of this disclaimer and further waives any rights or claims it may have against JAMSpiritSites.com.
From time to time there may be information on JAMSpiritSites.com that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

The content available through the Site is the sole property of JAMSpiritSites.com or its advertisers, suppliers or licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, JAMSpiritSites.com-owned content received through the Site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. Content owned by JAMSpiritSites.com advertisers, suppliers or licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Site to anyone, including but not limited to others in the same company or organization without JAMSpiritSites.com 's express prior written consent.

WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS PROVIDE JAMSPIRITSITES.COM AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.

WITHOUT LIMITING THE FOREGOING, JAMSPIRITSITES.COM SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THE USE OF THIS SITE OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.

YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS MAY ADVERTISE THEIR PRODUCTS AND SERVICES ON THE JAMSPIRITSITES.COM WEBSITE AND THAT JAMSPIRITSITES.COM MAY FORM PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS JAMSPIRITSITES.COM MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES, NOR WILL JAMSPIRITSITES.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST JAMSPIRITSITES.COM WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10.4 INDEMNIFICATION.
Customer agrees that it shall defend, Indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney's fees ("Liabilities") against JAMSpiritSites.com, its agents, its customers, servants, officers, employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns, within their SpiritSite. Customer agrees to defend, indemnify and hold harmless JAMSpiritSites.com against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with JAMSpiritSites.com's server or services, material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party, copyright infringement and any defective product which Customer sold on JAMSpiritSites.com's servers. As a result of this, Customer agrees that JAMSpiritSites.com shall not be liable to Customer for any claims of actual, compensatory and/or consequential damages which may be suffered by Customer, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of JAMSpiritSites.com. Notwithstanding the above mentioned, Customer's exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which Customer paid and retained by JAMSpiritSites.com during the quarter in which the dispute occurred.

10.5 SPIRITSITE NETWORK ACCESS FEE.
Billing for a SpiritSite shall be as follows: Customer shall be billed in accordance with the above stated terms, unless otherwise agreed upon in writing and executed by both parties. Payments of the service fee will be due upon inception (sign-up date). Monthly network access fees will be In the event that Customer shall fail to pay in advance for the services provided herein or in the event there shall exist any delinquency in the Customer's account then, in such event, JAMSpiritSites.com reserves the right, in its sole, absolute and unfettered discretion, to terminate this agreement and discontinue service to the Customer without notice or liability for actual, compensatory or consequential damages to Customer for the interruption in service. JAMSpiritSites.com shall be entitled to unilaterally terminate this agreement, in which case the provisions of paragraph 1, 2, 3, 4 and 5 shall continue in full force and effect, and/or, at its sole discretion, JAMSpiritSites.com may discontinue or suspend service to Customer until payment is made. Any service disconnection or suspension will result in the requirement of re-connect fee.

10.6 30 DAY-MONEY BACK GUARANTEE.
JAMSpiritSites.com's 30 day money back guarantee will only apply to hosting services (Business Site, Business Site Plus and Virtual Server). The 30 day money-back shall apply to the refund on the agreed upon monthly plan fees and shall exclude, without limitation, the refund of any or all setup fees, service fees, transfer fees, domain registration fees, design/development fees, software purchase fees, and any promotional discounts, etc. ONLY web hosting monthly fees are refundable. Customer will automatically be charged non-refundable additional fees in the event that this Customer is in excessive use of the agreed upon services, including, but not limited to, the use of additional bandwidth, file transfers in excess of plan limits, or mega byte space.

10.7 CANCELLATION AND EARLY TERMINATION.
The "term" of this SpiritSite agreement will be from one month from the sign-up date unless explicitly expressed in writing and agreed upon both by Customer and an authorized SpiritSites.com representative. All cancellations in accordance with the terms and conditions contained herein must be submitted in writing via facsimile transmittal or Customer may submit a request for cancellation in writing via registered mail. A 30 Day Notice is required for all cancellation requests. All Customer accounts must be paid in full before the transaction will be considered complete. Any contracts terminated prior to the end of said term will be subject to an early cancellation fee equal to fifty (50%) percent of the remaining service fees unless otherwise stated in a service contract between Customer and JAMSpiritSites.com.

10.8 TAXES.
Customer shall be responsible for paying all taxes of any nature except for taxes on JAMSpiritSites.com's income, irrespective of which party may be responsible for reporting or collecting such taxes.

10.9 MODIFICATIONS.
JAMSpiritSites.com reserves the right to make changes to any of the above terms and conditions of this agreement immediately and without notice to Customer. Changes in monthly service fees are effective only at the end of any calendar quarter for which Customer has already prepaid. The use of the service by the Customer following the effective date of such change shall be proof of acceptance of Customer of such change(s).

11.0 ENTIRE AGREEMENT AND SEVERABILITY.
Unless otherwise provided in a companion document or contract, this instrument constitutes the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter contained in this agreement. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences shall remain in full force and effect. IN WITNESS WHEREOF the parties intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument with each party warranting their ability to enter into this agreement for the person or entity pursuant to the law of the State of Oklahoma. This Agreement will be held in accordance with the laws of the State of Oklahoma. Any actions brought against JAMSpiritSites.com must be done in the County of Oklahoma in Oklahoma and the parties specifically waive any legal right to bring an action in any other forum.

12.0 RESTRICTIVE USE.
The Customer may only use JAMSpiritSites.com's service for lawful purpose. In the event that at any given time, JAMSpiritSites.com believes that the service is being used by the Customer in contravention with any of the terms and provisions contained in this agreement, JAMSpiritSites.com has the right to immediately discontinue such service to Customer without liability whatsoever. The following are restrictive uses and shall be cause for the immediate termination of web services and this agreement without notice and without refund to the Customer. JAMSpiritSites.com will act as the sole judge as to what constitutes a violation.

13.0 ACCEPTABLE ACCOUNT USAGE.
To better serve our customers and offer a more reliable service, JAMSpiritSites.com has developed this acceptable use policy to define the types of behavior that will not be permitted on SpiritSite network. The SpiritSite network, including the websites hosted by JAMSpiritSites.com (collectively, the 'SpiritSite network'), may be used only for lawful purposes. Users may not use the SpiritSites network in order to transmit, distribute or store material (a) in violation of any applicable law, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or (c) that is obscene, threatening, abusive or hateful, including the advocating of terrorism and/or the killing of any individual or group, and (d) as more specifically described herein.

14.0 RESPONSIBLE USAGE.
The Customer must take responsibility for their actions on the SpiritSites network, and any systems accessed through said network. This includes, but is not limited to, statements made through electronic mail, chat and discussion forums, and Usenet news groups. If the Customer, or Customer's assignee is found to have exercised irresponsible behavior, whether intentional or unintentional, endangering the SpiritSites network or another network's systems, company or individual, JAMSpiritSites.com may suspend Customer's access at any time, without prior notice. JAMSpiritSites.com management shall be the final and sole judge of whether abuse or violations have occurred.

14.1 System and Network Security.
Users are prohibited from violating or attempting to violate the security of the SpiritSites network, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, 'flooding', 'mailbombing' or 'crashing', (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (e) taking any action in order to obtain services to which such User is not entitled. Violations of system or network security may result in civil or criminal liability. JAMSpiritSites.com will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

14.2 Mass Electronic Mail.
This section outlines JAMSpiritSites.com's policy on unsolicited mass e-mail and newsgroup postings, commonly known as, and referred to herein as "SPAM". For the purpose of this document, "unsolicited e-mail" shall be defined as: any electronic mail sent to a given list of address(es) for which the owner(s) have not given permission, express or otherwise, for the Customer's use in mass communication. SpiritSites network resources may not be used by Customer to e-mail or mass e-mail any user, or groups of users who have not indicated a willingness to receive said mailings. Any violation of this policy may result in termination of this agreement and service disconnection without prior notice to Customer. JAMSpiritSites.com management will act as final and sole judge in determining if a violation has occurred.

14.3 Relaying of Electronic Mail.
JAMSpiritSites.com does not allow our systems to be used for RELAY from non-SpiritSite customers or networks.

14.4 Censorship.
JAMSpiritSites.com has a policy of no-censorship, either from or to our systems, UNLESS, the information transmitted is illegal in nature, or clearly used to commit fraudulent activity. Additionally, the SpiritSites network may not be used to host Adult-oriented websites or materials, including those depicting nudity or acts of a sexual nature. At the sole discretion of JAMSpiritSites.com management, any violation of the above will result in service disconnection and termination of this agreement without notice or liability to actual, compensatory or consequential damages to Customer.

14.5 Child Pornography.
JAMSpiritSites.com will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the SpiritSite network, and will be liable for illegal material posted by their clients. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. No credits will be issued for any interruption in service resulting from policy violations. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at icpicc@customs.treas.gov.

14.6 Shared Resource Usage.
Customer hereby acknowledges that JAMSpiritSites.com may, from time to time, establish general practices and limits concerning the use of the SpiritSite Network, including without limitation (a) the maximum limits on bandwidth usage and (b) maximum limits on storage space for each SpiritSite package. Any foregoing limits will be consistent with the package (including upgrades) for which Customer has registered. JAMSpiritSites.com, in its sole discretion, will not allow Customer to consume excessive system resources on the SpiritSite network. Customer agrees that any excessive use of system resources will be billed at a predetermined rate specified by JAMSpiritSites.com in the service agreement. Customer further acknowledges that JAMSpiritSites.com reserves the right to change the general practices and limits at any time, in its sole discretion, with or without prior notice.

14.7 Security.
JAMSpiritSites.com actively and automatically monitors all of our systems for attempts at breaching our security, or attempts to access systems or resources that are not available for customers to use or access. This is commonly known as "hacking." Any attempt to access or modify unauthorized computer system information or to interfere with normal system operations, whether on the equipment of JAMSpiritSites.com or of any other computer system or network that is accessed by our services, will result in immediate and permanent cancellation of your account(s) and may lead to other legal proceedings against you. ANYONE FOUND ACCESSING OR ATTEMPTING TO ACCESS UNAUTHORIZED JAMSPIRITSITES.COM OR SPIRITSITE CUSTOMER EQUIPMENT WILL HAVE THEIR ACCOUNT IMMEDIATELY TERMINATED AND THE INCIDENT REPORTED TO THE OKLAHOMA CITY BUREAU OF THE FBI and respective Attorney General's office. JAMSpiritSites.com fully cooperates with authorities during such an investigation.

14.8 Unlawful Usage.
JAMSpiritSites.com’s network of information services may only be used for lawful purposes. Transmission of any material in violation of any federal, state or local regulation is prohibited. This includes copyrighted material, including but not limited to, MP3 audio files, photographs and other media not licensed to the individual. Additionally, material judged to be threatening, obscene, or material protected by trade secret is prohibited.

14.9 Privacy.
While every attempt is made to keep all information passing to and from our systems, and to and from our customers, private, you must assume that any information that you transmit or receive may not be private. JAMSpiritSites.com does not monitor or record normal usage of our systems. However, JAMSpiritSites.com will fully cooperate with any authority in the investigation of illegal activity and may turn over logs and records upon receipt of proper orders. JAMSpiritSites.com fully reserves the rights to conduct an audit if JAMSpiritSites.com believes there has been a violation of this Agreement or the Law. Any User interacting with our site and providing JAMSpiritSites.com with name, address, telephone number, e-mail address, domain name or URL or any other personally identifiable information permits JAMSpiritSites.com to use such information for commercial purposes of its own, including contacting Users about products and services which may be of interest. For each visitor to our Web Site, our Web server recognizes only the visitor's domain name, not the e-mail address. We collect information volunteered by the visitor, such as form submittals and/or site registrations. This information is used to improve the content of our Web site, it is not shared with other organizations for commercial purposes. Any User who does not wish to receive further contacts from JAMSpiritSites.com should send JAMSpiritSites.com a specific request (i.e., stating do not use or do not share or both) by certified mail or by regular mail clearly marked 'Privacy-Urgent' addressed as follows: JAMSpiritSites.com, 119 N Robinson, Suite 420, Oklahoma City, OK 73102.

14.10 JAMSpiritSites.com’s Children's Privacy Policy.
JAMSpiritSites.com provides a safe, fun, personalized, and informative online community for connecting players, coaches and families to the sports they love. To uphold this community, JAMSpiritSites.com is committed to safeguarding our users' privacy, especially the privacy of our child users. (For the purposes of this policy a child is a person 12 years of age or younger).

While JAMSpiritSites.com uses its own measures to protect the privacy of its child users (U13 user accounts must receive parental permission), we are also compliant with the Children's Online Privacy Protection Act, otherwise known as COPPA. We have posted the JAMSpiritSites.com Children's privacy policy to help both children and parents understand how a child's personal information will be treated as that child uses and enjoys the JAMSpiritSites.com Web site. This policy may be modified from time to time to better address your concerns or to reflect new changes in online policy, so please check back frequently.

15.0 About the Children's Online Privacy Protection Act (COPPA).
Whether playing, shopping, studying or just surfing, today's kids are taking advantage of all that the Web has to offer. But when it comes to their personal information online, who's in charge? In an effort to put parents in the driver's seat, the Federal Trade Commission has established new rules for Web site operators to make sure that kids' privacy is protected while they're online. These rules, which went into effect on April 21, 2000, are part of the 1998 Children's Online Privacy Protection Act.

The law requires that Web site operators post comprehensive privacy policies on their sites, notify parents about their information practices, and obtain parental consent before collecting any personal information from children under the age of 13 or allowing kids under 13 to publicly post personal information such as on web pages, bulletin boards or chat rooms without their parent's consent. For kids, this means that they will not have free reign of all that the Web has to offer, unless their parent provides consent.

Basically, the law was enacted not to restrict Web operators from providing services and capturing useful data, but to restrict kids from releasing information about themselves that could allow a stranger to contact them.

For more detailed information on COPPA, please visit: http://www.ftc.gov/bcp/conline/pubs/online/kidsprivacy.htm

JAMSpiritSites.com also recommends that you share our brief “Information for Kids” bulletin with your children so they understand how to be safe on the Internet and why we are asking for parental permission in certain instances:

16.0 Information FOR KIDS!
We're so happy to have you as a member of our community and we want you to participate in all of our online activities. We only ask that you "be smart" while you're having fun. Of course, we know you're always smart!

Just a reminder, "being smart" on the Internet means that you should never give out your personal information like your last name, addresses, phone numbers in a chat room, a bulletin board or even your own web site. A stranger could use that information to try to track you down and that's not safe. You know that you should be careful with strangers in person, and you should be on the Internet too!

We're trying to "be smart" too. That's why we're now asking that you get your parent's permission to post anything on our web site. The process is simple. So go get your parent's permission and hurry back to play at your SpiritSite!

17.0 Who collects information?
Information is collected from children on the SpiritSite Network by JAMSpiritSites.com.

JAMSpiritSites.com is located at:
4401 N Classen Blvd., Suite 500
Oklahoma City, OK 73118

You can email JAMSpiritSites.com regarding the information collection practices of JAMSpiritSites.com at theHelpDesk[at]JAMSpiritSites.com.

Some portions of the JAMSpiritSites.com Web site frame the content of third parties (for example, advertising banners) or link to third party Web sites. Content framed on the JAMSpiritSites.com Web site or third party Web sites that are linked from the JAMSpiritSites.com Web site may also collect information about you or your child. The information practices of those advertisers and Web sites often are outside of our control and are not covered by this privacy statement. In addition, we recommend that children use caution when exiting the JAMSpiritSites.com site through links or banners.

18.0 What kind of personal information is collected and how is it used?
JAMSpiritSites.com strives to be an online resource for individuals who are interested in cheerleading and spirit industry sports to share information, achievements, and ideas. We will not collect personal information about you or your child unless you provide it to us or publicly post it voluntarily and knowingly. Membership is not required for most parts of our site. However, in order to access certain sections within the site such as the Web page wizard, the message boards or a chat room, you will be asked to provide registration data through an online registration form. The information collected may include you or your child's legal name, address, telephone number, email address, areas of interest, birth date, "username," and/or password. Information about your or your child's activities may also be collected on an aggregate (i.e., group) basis, where we will not know or keep track of precisely to whom the information relates.

JAMSpiritSites.com also collects and uses information about our users to tailor the way our Web site, and associated content and advertising, are presented to you. JAMSpiritSites.com may review and research our users' demographics, interests, and behavior based on the information taken from a number of sources, including information provided during registration, through use of the Web site, and during promotions. Additional system information we may gather includes time, type of Web browser being used, the operating system/platform, your IP address, the web site from which you link to JAMSpiritSites.com, and CPU speed. We also take note of whether and how you use the information and services that we provide by recording site traffic patterns, user clickstreams and by maintaining log files of users' access to site files.

In addition, the JAMSpiritSites.com Web site allows you or your child to post individually identifiable information in public forums. For example, your child may create a personal or team Web page that may contain, among other things, his or her name, picture, address, email address, schedule of game locations and telephone numbers. Similarly, your child may disclose his or her personal information on chat rooms, message boards, email and other public methods of communication. When you or your child posts information in such public forums the information can be viewed by the general public. In compliance with the COPPA, JAMSpiritSites.com requires parental permission before any individual under the age of 13 can post information to general forums. In keeping with our policy to protect our young users, JAM strongly advises that children refrain from posting information about themselves in public forums because anyone may have access to this information. See Public Forums for more information

JAMSpiritSites.com may use information collected from your child, personal and aggregate, to tell your child about products or services that may be of interest to him or her. Personal information may also be used by JAMSpiritSites.com to contact your child, either by electronic communication or by regular mail.

We will not sell or rent your child's information to third parties at all, ever, under any circumstances. If you or your child has submitted personal information to us and would like to change it or remove it from our records, simply contact us at theHelpDesk[at]JAMSpiritSites.com and we will delete the information.

19.0 What are cookies and how does JAMSpiritSites.com use them?
Cookies are small pieces of information that are stored by your browser to assist us in recognizing you as a JAMSpiritSites.com user and personalizing your use of our web site. The use of cookies is an industry standard. In fact, most major Web sites use them because they make surfing the Internet easier and less time-consuming for you by saving your data such as user name, purchases, and preferences while you're at the site. Cookies also help Web developers see which parts of their site are most popular and which are least popular. JAMSpiritSites.com uses cookies for the same reasons - to ease and tailor you or your child's experience on the JAMSpiritSites.com Web site and our client’s SpiritSite.

20.0 Opt-Out.
If you do not wish your child to receive any communications from JAMSpiritSites.com or its partners, you have the right to "opt out" during the user account registration process or at any time afterwards by sending an email to theHelpDesk[at]JAMSpiritSites.com.

Please note that "opting out" only limits JAMSpiritSites.com collection of your child's information. We do not monitor public forums to filter out personal information. If you do not wish your child to have the ability to disclose his or her individually identifiable information on public forums, you must either not allow your child to register or cancel your child's account (we use the registration process as a filter to keep people who should not be posting information in public forums out).

You may cancel your child's account at any time by sending an email to theHelpDesk[at]JAMSpiritSites.com. Once JAMSpiritSites.com has finished processing the cancellation, JAMSpiritSites.com will delete all your child's personal information from its database and your child will no longer be able to access the public forums or create personalized Web pages.

21.0 Security.
JAMSpiritSites.com maintains a secured area on the Site for transmission and storage of your child's information. Although JAMSpiritSites.com will use all reasonable efforts to safeguard the confidentiality of your child's information, transmissions made by means of the Internet cannot be guaranteed to be secure. JAMSpiritSites.com has no liability for disclosure of your child's information due to errors in transmission or unauthorized acts of third parties.

22.0 Public Forums.
When your child discloses individually identifiably information in public forums (like Web pages, chat rooms and message boards), anyone can read or use it. Your child should always be careful what he or she discloses in public forums, and should never disclose information about how to contact him or her without parental permission.

You have the option of not allowing your child to post information on public forums. We only allow registered users to create Web pages or participate in chat rooms and message boards. If you do not want your child to have access to the public forums, simply do not allow your child to register or cancel your child's account. (See the Opt-Out section above for more details on how to prevent access to public forums.)

The Children's Online Privacy Protection Act prohibits all operators (including JAMSpiritSites.com) from conditioning a child's participation in an Internet activity on the disclosure of more personal information than is reasonably necessary to participate in the activity. We do not require your child to provide more personal information than is reasonably necessary to participate in the services offered on the JAMSpiritSites.com Web site. While we may occasionally ask your child for additional information, your child only needs to provide the information identified as necessary for that specific activity. For example, if your child wishes to create his or her own Web page or participate in chat rooms or message boards, we require an email address. We need an email address so that we can contact you or your child if there are any problems with the content on your child's Web page and to prevent abuse of our public forums. The information collected during registration (including name, birth date, email address, country, and zip code) is necessary for us to provide the services that we provide.

23.0 How can parents review the personal information collected about their children?
Parents can review or delete the personal information collected about their child or refuse to allow any further collection or use of their child's personal information by submitting a request via email to theHelpDesk[at]JAMSpiritSites.com. Access to and control over your child's data requires authentication of the parent's identity.

24.0 What if I have more questions about our children’s privacy policy or practice?
If you have any questions or comments about our children's privacy policy or practices, please send an email to theHelpDesk[at]JAMSpiritSites.com. JAMSpiritSites.com does not and will not sell or transfer any information about our customer base to any third party for the purpose of using that information for marketing or direct sales. JAMSpiritSites.com does cooperate with other Internet and communications services providers and may release customer information to those parties in the event of security or credit-related problems. The following discloses the information gathering and dissemination practices for JAMSpiritSites.com.

25.0 Information we may collect.
Occasionally, we may conduct online surveys or run a contest for promotional purposes, during which, we may ask users for contact information (like email addresses) and demographic information (like zip code, age, or income level). We use contact data to send consumers information about our company and, of course, to notify people if they win the contest. We understand, though, that you may want to participate in these surveys or contests but may not want us to send you email. Accordingly, as part of these surveys or contests, we will always give you the option of declining to receive information from JAMSpiritSites.com. Hey, if you don't want to receive email, just let us know, and we won't send it. It is as simple as that. [Of course, we will notify you if you win the contest.] Like other web sites, your IP number is visible to us when you visit our web site. What is an IP address, you may ask? It is a number automatically assigned to your computer whenever you're connected the Internet. Your IP number is visible to most of the websites that you visit. Don't worry, though, at JAMSpiritSites.com, we only use IP numbers to help diagnose problems with our servers, to administer our Web site. Other sites may use your IP number for marketing purposes. We don't. From time to time, we may share with third parties aggregate information-- such as, how many of our users are men, or how many JAMSpiritSites.com consumers search on Internet-related topics. Such information will not contain any personal identifying information.

26.0 Cookies.
Like many sites, JAMSpiritSites.com uses cookies. Cookies are data files that are stored on your computer. They contain identification information that enables us to see how our users are interacting with our site and how frequently they are returning. Cookies do not contain any personally identifiable information. We use cookies for the benefit of our users. Cookies let us know if we have repeat visitors (a strong indication of happy consumers) and if we are delivering a quality product to our consumers. We also use cookies to identify which sites our repeat visitors are coming from, so that we can place more of our online advertising on these sites. Essentially, it is an anonymous way to survey how we are doing and to look for other consumers who we think will like our site. If you do not want to accept cookies from JAM or other sites, your browser software should allow you to not accept cookies. Look in the Preferences (Netscape) or Internet Options (Microsoft Internet Explorer) feature to do this. However, disabling cookies may disable your ability to visit portions of JAMSpiritSites.com and many of our SpiritSites.

27.0 Links to other Web sites.
JAMSpiritSites.com contains many links to other sites. JAMSpiritSites.com is not responsible for the privacy practices or the content of such Web sites. JAMSpiritSites.com does not share any of the individual personal information you provide JAMSpiritSites.com with the sites to which JAMSpiritSites.com links, although JAMSpiritSites.com may share aggregate data with such sites (such as how many people use our site). This includes other third party sites on the Internet for which JAMSpiritSites.com provides search services. Please check with those sites to determine their privacy policy.

28.0 Banner Advertisement.
We use third-party advertising companies to serve ads when you visit our web site. These companies may use information (not including your name, address, e-mail address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.

29.0 Contacting JAMSpiritSites.com.
If you have any questions about this statement, the practices of this site, or your dealings with JAMSpiritSites.com, please contact:

JAMSpiritSites.com
4401 N Classen Blvd., Suite 500
Oklahoma City, OK 73118
theHelpDesk[at]JAMSpiritSites.com

Local: (405) 239-9308
Toll-Free: (877) 239-9308
Fax: (405) 239-9309

Last revised 10mar05