This Agreement between MAX Graphics and you the "Customer" will become effective upon provision of services to the Customer. The Customer's submission of a subscription request on any order form of MAX Graphics constitutes acceptance of this Agreement by the Customer.

1. Customer's Representations, Warranties and Responsibilities - The Customer represents and warrants that the Customer is authorized and has the right: (1) to provide the product or services to be advertised; and (2) to use any copy, illustration, personal or corporate name, copyrighted material, graphic or pictorial reproduction, trade names, trademarks, endorsements, language and any other items used in the web site pursuant to this Agreement. The Customer agrees to indemnify and defend MAX Graphics, its officers, shareholders, employees, representatives and agents from any and all damages (including attorney fees assessed against MAX Graphics, as well as those incurred by MAX Graphics in its defense) arising out of any breach of these representations and warranties. Customer assumes sole responsibility for protection of its copyright, trademark, trade secret, or other right or interest in any copy, illustration, language and any other items used.

2. Signer's Representations and Warranties - The person authorizing and accepting this Agreement represents and warrants that he/she: (1) is of legal age to enter into this Agreement; (2) has the authority on behalf of Customer to enter into this Agreement and to legally bind Customer to this Agreement; and (3) agrees to indemnify and defend MAX Graphics, and its officers, shareholders, employees, representatives and agents, from any and all damages (including attorney fees assessed against MAX Graphics, as well as those incurred by MAX Graphics in its defense) arising out of any breach of these representations and warranties. The person authorizing and accepting this Agreement and/or the business entity represented will be referred to jointly and individually as "Customer".

3. Termination and Refunds - This Agreement and related services may be terminated by the Customer by giving a written notice of termination in the manner provided for in this Agreement. MAX Graphics reserves the right to terminate this Agreement and related services at any time for any reason, and to so notify Customer of any such termination in any commercially reasonable manner. In the event of termination of this Agreement and related services by MAX Graphics within 5 calendar days of Agreement conception, a full or partial refund will be issued. In the event of termination of this Agreement and related services by the Customer, all deposits and payments, if any, will be forfeited as liquidated damages. If this Agreement and related services are terminated: (1) all work performed will belong solely to MAX Graphics and the Customer will have no claim to any work done; (2) MAX Graphics has the right to remove and discard the content on the server; (3) Customer will have no claim to the server contents; and (4) MAX Graphics will have no responsibility to preserve the server contents in any manner. Absolutely no refunds will be issued to any Customer found to be in violation of the Acceptable Use Policy (refer to paragraph 11 for more information).

4. Limitation of Liability - The Customer agrees that the entire liability of MAX Graphics, in the event of any damages related to this Agreement and services provided, including any damages resulting from any errors or omissions shall be limited to an amount not exceeding the charges paid by the Customer for the service during period effected. In no event shall MAX Graphics be liable for any indirect, special, incidental or consequential damages in connection with or arising out of its performance or failure to perform pursuant to this Agreement, even if MAX Graphics has been informed of the possibility of such damages in advance.

5. Disclaimer - MAX Graphics shall not be liable for any and all losses, damages or liability of any kind resulting from, but not limited to: (1) loss of data; (2) loss of software or hardware; (3) access delays or access interruptions; (4) computer viruses; (5) non-delivery or mis-delivery of data; (6) errors, omissions, or misstatements in any and all information, goods or services obtained on or through MAX Graphics, and; (7) acts of God, acts of war, acts of unauthorized persons, such as computer "hackers", or acts of terrorism or civil unrest.

6. Loss of Data - Customer assumes full responsibility for data storage and maintaining backups or copies of their files and web site programs and any other data that is owned by Customer and resides on the MAX Graphics servers. Customer accepts and agrees that MAX Graphics is not liable for the loss of Customer files and web site programs and any other data that is owned by the Customer that resides on the MAX Graphics servers. In the event of technical difficulties, MAX Graphics will employ its best efforts to resolve the difficulties in the shortest time frame technically and physically practicable under the circumstances. MAX Graphics agrees to perform faithfully, industriously, and to the best of its ability, experience, and talent, all of the duties that may be required by the express and implicit terms of this Agreement.

7. MAX Graphics shall not be responsible for failing to register a domain name, should another party register the same domain name between the time Customer submits its request for a domain name to MAX Graphics and the time that the domain name is actually attempted to be registered by MAX Graphics. Customer agrees that any domain name registered by MAX Graphics for use by the Customer is property of MAX Graphics. MAX Graphics reserves the right not to sell or otherwise release any domain name that it has registered for use by any Customer should the Customer or MAX Graphics terminate their service. MAX Graphics reserves the right to declare any domain name to have a monetary value of no less than 10 years of the Customer's current revenue stream and may require payment of that amount before the domain is released to the Customer. It is therefore highly recommended that each Customer register and maintain renewals of their own domain name(s) in order to avoid potential legal issues at the time of service termination.

8. Force Majeure - MAX Graphics shall not be deemed in default or otherwise liable under this Agreement due to its inability to perform due to reason of any fire, earthquake, tornado, flood, epidemic, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of God, embargo, war, public enemy, or any municipal, county, state, national, or international ordinance, or law, or any executive, administrative, judicial or similar order or regulation, or any other essential thing required, or similar causes beyond the control of MAX Graphics.

9. Disparagement - Customer will not disparage MAX Graphics, MAX Graphics' web site, or any product or service of MAX Graphics, or display any item or thing in a derogatory or negative manner on any Customer or MAX Graphics hosted site.

10. This Service Agreement (including the Acceptable Use Policy contained in this Service Agreement) is subject to change by MAX Graphics without advance notice. Continued usage of the services provided after implementation of a change to the terms of this Service Agreement, or a modification to the Acceptable Use Policy, constitutes the Customer's acceptance of such change of term or modification of policy. MAX Graphics encourages Customer to regularly check the web site of MAX Graphics to determine if any such changes or modifications have been implemented, as all such changes or modifications will appear in the most current version of the Service Agreement and Acceptable Use Policy posted on this web site.

11. Acceptable Use Policy

MAX Graphics has established an acceptable use policy to preserve the quality and integrity of services that have been established for its Customers. This document sets forth guidelines as to what is considered to be acceptable use of the services provided by MAX Graphics. Customer's submission of a subscription request indicates acceptance of, and Agreement to abide by, these guidelines

Guidelines governing acceptable use of services by the Customer

11-A. Storage or distribution of pirated or otherwise unauthorized copies of copyright protected software or data is not allowed. MAX Graphics reserves the right to inspect any and all files stored on its servers to ensure compliance with this policy.

11-B. MAX Graphics' servers or services must not be used knowingly to violate the laws and regulations of the United States or any other nation, or the laws and regulations of any state, city, province or other local jurisdiction in any material way. MAX Graphics will cooperate with any legitimate law enforcement activity or investigation.

11-C. Pornography, nudity and other sex related content is prohibited. This includes sites that may infer sexual content, or link to adult content elsewhere. Further examples of unacceptable content or links include pirated software, warez sites, hate promotion, racism, terrorism or political extremist actions/groups, or any other kind of hacked or illegal software.

11-D. Customer will avoid violation of generally accepted guidelines of Internet usage.

11-E. Customer accounts and passwords are confidential. The Customer is expected to maintain these Customer accounts and passwords as such, and Customer is solely responsible for all activities related to their Customer accounts and passwords.

11-F. Server based functions; such as CGI programs or PHP/Perl scripts must not jeopardize the integrity of the operation, performance or security of our servers. Our servers are not to be used as training grounds for CGI programming and/or server-side scripting. You are expected to fully know what you are doing before you use these capabilities of our servers. Habitually locking up our servers with CGI programs or PHP/Perl scripts will result in immediate termination of your account.

11-G. MAX Graphics is very happy to offer very generous bandwidth allowances to its Customers so they may build their web presence without concern of usage constraints. While most Customers may never need the extra bandwidth, others may try to take advantage of the generous allowance in ways for which it is not intended. MAX Graphics has established some common sense rules to avoid this. Customer may not resell or give away web space under Customer's account. Customer may not use Customer's site to store files for other IP addresses or domain names, nor may Customer use Customer's site as a primary repository for image, data, warez, streaming audio or video files. Greeting card, and FFA link scripts are also disallowed.

11-H. Mass e-mail distributions or transmission of unsolicited e-mail and chain-letters are not allowed through MAX Graphics' mail servers. MAX Graphics has a zero tolerance spam policy and reserves the right to terminate any Customer account upon first learning of any such offense. E-Mail is a person-to-person medium, not a broadcast medium. Harassment via e-mail or sending any other abusive e-mail through MAX Graphics' mail servers will result in immediate termination of your account. Should your e-mail address or web site address appear in any spam message reported to spamcop.net (or any other real time blacklist database) whether the spam was sent through our mail servers or not, your account will be terminated. MAX Graphics cannot afford to have any of its servers blacklisted due to the actions of any customer on our servers or elsewhere. There will be absolutely no exceptions made to this policy under any circumstances.

11-I. Surcharges may be imposed when any site has considerable effects on system performance or resources. MAX Graphics is the sole and final arbiter on determining what conduct or activity is considered a violation of policy, what qualifies for a surcharge, and what the amount of surcharge should be.

11-J. MAX Graphics will notify the Customer of the intention to impose a surcharge if corrective action is not taken. Customer's continued use of MAX Graphics' services after receipt of notification of the intention to impose a surcharge, and Customer's failure to take corrective action, constitutes Customer's acceptance of the proposed surcharge.

11-K. MAX Graphics reserves the right to limit or terminate services to any Customer at any time for any reason, or for no reason at all. If termination is not for any reason, and if practicable, MAX Graphics will give Customer at least 20 days oral, written or electronic advance notice of the date on which termination will occur.

12. Billing and Payments - All accounts are billed on the tenth day of every month and are due and payable no later than the tenth day of the following month. This provides more than ample time for any customer to pay their bill by the due date on their invoice. All services are billed no less than 30 days in advance. Any web site owned by a past due account holder is subject to termination and removal after 60 days. A finance charge of 18% APR will be imposed on all past due accounts and will be turned over to a collection agency after 90 days. No exceptions will be made to this policy for any reason.

13. Parties Bound - This Agreement shall be binding upon the parties hereto, and their respective heirs, administrators, representatives, executors, successors and assigns.

14. Captions - The captions contained herein are not a part of this Agreement. They are only for the convenience of the parties and do not in any way modify, amplify, or give full notice of any of the terms, covenants or conditions of this Agreement.

15. Notices - All notices needed, required or permitted to be given to MAX Graphics shall be in writing and sent via postal mail to MAX Graphics, P.O. Box 855, Minatare, NE 69356. Notices will not be acknowleged if sent to any other address (for example, any notices sent to our street address or billing address).

16. Governing Law - This Agreement shall be construed in accordance with the laws of the State of Nebraska, USA.

17. Entire Agreement - This Agreement contains the entire Agreement between MAX Graphics and the Customer; there are no other terms, covenants, obligations or representations, oral or written, of any kind whatsoever. No modifications shall be made to this Agreement except by unanimous consent in writing signed by MAX Graphics and the Customer.