SERVICE AGREEMENT

International Financial.com, hereinafter referred to as "Host-Racks.net - DNS Service" is a comprehensive hosting solutions provider. This Service Agreement, hereinafter referred to as "Agreement" governs your purchase and use, in any manner, of all services as described in the "Order Form", hereinafter referred to as "order" or "the order". By placing an order with Host-Racks.net - DNS Service for any service, you agree to accept this Agreement and be bound by the terms and conditions that apply to such order and subseuent use of such service.

NOTE: BY CLICKING THE "I AGREE, PLEASE SUBMIT" BUTTON, AND REGISTERING FOR AND USING THE SERVICE OR SERVICES OF "HOST-RACKS.NET ", YOU ACKNOWLEDGE THAT YOU HAVE READ AND COMPLETELY UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED HEREIN OR REFERENCED HEREBY.

Host-Racks.net - DNS Service reserves the right to change or modify any of the terms and conditions contained in this Agreement, the addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modifications will be effective 30 days after posting of the revisions, modifications, additions, or changes on the Host-Racks.net - DNS Service Web site (the site). Your continued use of service or services following posting of any revisions, modifications, additions, or changes will constitute your acceptance of such revisions, modifications, additions, or changes.

1. Term and Payment for Service(s)

1.1 Term. This Agreement shall be for an initial term as chosen by you in the order form located on this Site. This Agreement will be automatically renewed (ther "Renewal Term") at the end of the initial term for the same period as the initial term unless you provide Host-Racks.net - DNS Service with notice of termination thirty (30) days prior to the end of the initial term or the renewal term, whichever applies. Any notice of termination will be effective thirty (30) days following the day Host-Racks.net - DNS Service's receipt thereof.

1.2 Termination Policy. If you terminate your receipt of service(s) prior to the end of the initial term or the renewal term, whichever is then applicable, (a) Host-Racks.net - DNS Service will not refund to you any fees paid in advance of such termination and (b) you shall be required to pay 100% of Host-Racks.net - DNS Service's standard monthly charge for each month remaining in the term of service, unless otherwise expressly provided for in this Agreement. Notwithstanding the foregoing, in you terminate your receipt of service prior to the end of the first thirty (30) days of the initial term, you are entitled to a refund of the fees you paid in advance for the service(s), not including any set-up fee, or services such as Domain Registration, IP addresses, Custom Nameserver, scripting, programming, web design or other such services, if any. Your termination request or notice must be submitted to Host-Racks.net - DNS Service.
Host-Racks.net - DNS Service may terminate this Agreement at any time and for any reason . If Host-Racks.net - DNS Service terminates this Agreement, Host-Racks.net - DNS Service will refund to you the pro-rata portion of pre-paid fees attributable to Services (excluding set-up fees, or services such as Domain Registration, IP addresses, Custom Nameserver, scripting, programming, web design or other such services, if any.) not yet rendered as of the termination date unless otherwise expressly provided in this Agreement.

1.3 Default and Cure. In the event that either party hereto defaults in the performance of any of its material duties or obligations under this Agreement, including failure to make any payments due under this Agreement, and such default is not cured within fifteen (15) days after said default, then the party not in default, may elect to terminate this Agreement.

1.4. Charges. You agree to pay for all charges attributable to your use of the Service(s) at the then current Host-Racks.net - DNS Service prices, which shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Service(s), other than taxes based on Host-Racks.net - DNS Service's net income.

1.5. Payment. All charges for Service(s) must be paid in advance according to the then current prices applicable to the Service(s). Upon entering this Agreement, you must choose to pay either by direct charge to a credit or debit card, or by quarterly payments by check. If you choose to pay by credit or debit card upon ordering the Service(s), you thereby authorize Host-Racks.net - DNS Service and/or PayPal to charge your credit or debit card monthly. Reselller accounts must agree to pay for any charges that may apply to your account using monthly credit or debit card charges. Yearly Hosting Accounts must be paid in advance, and are considered debit accounts the use of which constitutes debit of your total credit of 12 months hosting service.You agree that Host-Racks.net - DNS Service may accumulate any supplemental charges, incurred by you in your use of the Services ("Add on's and Extras") until such charges exceed $10 and then charge your account or bill you, whichever applies.. You must notify Host-Racks.net - DNS Service of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit Host-Racks.net - DNS Service from charging your account. If you fail to pay any fees and taxes within ten (3) days from applicable due date for credit card or invoice payments, late charges of the lesser of one and one-half per cent (1.5%) per month or the maximum allowable under applicable law shall also become payable by you to Host-Racks.net - DNS Service. In addition, your failure to fully pay any fees and taxes within fifteen (15) days after the applicable due date will be deemed a material breach of this Agreement, justifying Host-Racks.net - DNS Service's suspension of its performance of the Services and/or termination of this Agreement. You are responsible for any fees associated with reinstatement of Service(s). Any such suspension or termination would not relieve you from paying past due fees plus interest. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees.

2. Use of Services

2.1. Applicable Use Policy. The Host-Racks.net - DNS Service Acceptable Use Policy (the "Usage Policy") govern the general policies and procedures for use of the Service(s). We do not allow any Spam of any kind, Adult material of any Kind, or adult links, Warez Sites, IRC Relay site, Anything Illegal, Or Any site that uses an unusual amount of system resources so that it affects the rights of other users to have access to the system. This includes large mailing lists. YOU SHOULD CAREFULLY READ THE ABOVE USAGE POLICY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE USAGE POLICY AND ANY MODIFICATIONS. Host-Racks.net - DNS Service RESERVES THE SOLE RIGHT to make the Determination of Abuse of the Policy and the right to TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT.

2.2. Material and Product Requirements. Unless we have agreed otherwise in a separate agreement, you must ensure that all material and data placed on Host-Racks.net - DNS Service's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by Host-Racks.net - DNS Service. Host-Racks.net - DNS Service will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", Host-Racks.net - DNS Service has the option at any time to reject this material. Host-Racks.net - DNS Service will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of Host-Racks.net - DNS Service. Use of the Service(s) requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. It is not Host-Racks.net - DNS Service's responsibility to provide this knowledge or customer support outside of the Services agreed to by you and Host-Racks.net - DNS Service.

2.3. Bandwidth and Storage Usage. You agree that use of the Service(s) under this Agreement will not exceed the bandwidth and storage usage limits set out. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, you agree to pay the associated additional charges.

3 Enforcement

3.1. Investigation of Violations. Host-Racks.net - DNS Service may investigate any reported or suspected violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. Host-Racks.net - DNS Service will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.

3.2. Actions. Host-Racks.net - DNS Service reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws. If we become aware of any possible violation by you of this Agreement, any related policies or guidelines, third party rights or laws, Host-Racks.net - DNS Service may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on Host-Racks.net - DNS Service's systems, and/or (d) disabling or removing any hypertext links to third-party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by Host-Racks.net - DNS Service which, in Host-Racks.net - DNS Service's sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes Host-Racks.net - DNS Service to civil or criminal liability or public ridicule. It is Host-Racks.net - DNS Service's policy to terminate repeat infringement. Host-Racks.net - DNS Service’s right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the Service(s). If Host-Racks.net - DNS Service takes corrective action due to such possible violation, Host-Racks.net - DNS Service shall not be obligated to refund to you any fees paid in advance of such corrective action.

3.3. Disclosure Rights. To comply with applicable laws and lawful governmental requests, to protect Host-Racks.net - DNS Service's systems and customers, or to ensure the integrity and operation of Host-Racks.net - DNS Service's business and systems, Host-Racks.net - DNS Service may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on Host-Racks.net - DNS Service's servers and systems. Host-Racks.net - DNS Service also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.

4. Intellectual Property Rights

4.1. Your License Grant to Host-Racks.net - DNS Service. You hereby grant to Host-Racks.net - DNS Service, First International Financial Group, Inc.and any and all its agents, employees or assigns a non-exclusive, worldwide, and royalty-free license for the Initial Term and any Renewal Term to use your content as necessary for the purposes of rendering and operating the Service(s) to you under this Agreement. You expressly (a) grant to Host-Racks.net - DNS Service, First International Financial Group, Inc.and any and all its agents, employees or assigns a license to cache materials distributed or made available for distribution via the Servic(s), including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

4.2. Host-Racks.net - DNS Service Materials and Intellectual Property. All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by Host-Racks.net - DNS Service or its suppliers or agents pursuant to this Agreement, and any know how, methodologies, equipment, or processes used by Host-Racks.net - DNS Service to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of Host-Racks.net - DNS Service or its suppliers, including but not limited to any software programs, inventions, products and/or technology innovations and methodologies utilized, developed, or disclosed by Host-Racks.net - DNS Service, First International Financial Group, Inc.and any and all its agents, employees or assigns during the term of this Agreement. Unauthorized copying, reverse engineering, decompiling, and creating derivative works based on the any such software is expressly forbidden except as permitted in this Agreement. You may be held legally responsible for violation of any patent rights, copyright or trade secret rights that is caused or encouraged by failure to abide by the terms of this Agreement.

4.3.Trademarks. You hereby grant to Host-Racks.net - DNS Service, First International Financial Group, Inc.and any and all its agents, employees or assigns, a limited right to use your trademarks, if any, for the limited purpose of permitting Host-Racks.net - DNS Service, First International Financial Group, Inc.and any and all its agents, employees or assigns, to fulfill its duties under this Agreement. This is not a trademark license and no other rights relating to the trademarks are granted by this Agreement. Specifically, but without limitation, the rights granted by this Agreement do not include the right to sublicense use of your trademarks or to use your trademarks with any other products or services outside the scope of the Service(s) provided under this Agreement. The limited trademark use rights granted under this section terminate upon termination of this Agreement

.5.. Warranty; Warranty Disclaimer

.5.1. Customer and/or Third Party Acts. Host-Racks.net - DNS Service, First International Financial Group, Inc.and any and all its agents, employees or assigns is not responsible in any manner for any nonconforming Service(s) to the extent caused by you or your customers. In addition, Host-Racks.net - DNS Service is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond Host-Racks.net - DNS Service’s reasonable control.

5.2. No Express or Implied Warranty. ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY HOST-RACKS.NET UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY IN FACT OR IN LAW, WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT HOST-RACKS.NET EXERCISES NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH HOST-RACKS.NET'S COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR THE INTERNET. HOST-RACKS.NET DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, HOST-RACKS.NET DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT.

5.3 Your Warranties and Representations to Host-Racks.net - DNS Service. You warrant, represent, and covenant to Host-Racks.net - DNS Service that (a) you are at least eighteen (18) years of age or are a duly organized and validly existing entity; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

6. Limitation and Exclusion of Liability

6.1. Limitations. IN NO EVENT SHALL HOST-RACKS.NET HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. HOST-RACKS.NET SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF HOST-RACKS.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF HOST-RACKS.NET TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO HOST-RACKS.NET BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY HOST-RACKS.NET UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE HOST-RACKS.NET FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION

6.1. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW

.6.2. Interruption of Service. You hereby acknowledge and agree that Host-Racks.net - DNS Service will not be liable for any temporary delay, outages or interruptions of the Services. Further, Host-Racks.net - DNS Service shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).

7. Indemnification. You will defend, indemnify and hold harmless Host-Racks.net - DNS Service, First International Financial Group, Inc.and any and all its agents, employees or assigns, and its officers, directors, shareholders, employees, consultants, agents, affiliates and suppliers (an “Indemnitee”) from any and all threatened or actual claims, demands, causes of action, suits, proceedings (formal or informal), losses, damages, fines, penalties, liabilities, costs and expenses of any nature, including attorneys' fees and court costs, sustained or incurred by or asserted against any Indemnitee by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to: (i) your violation or breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline; (ii) your conduct, including but not limited to your negligence, gross negligence, or willful misconduct; (iii) your improper or illegal use of the Services; (iv) any claim by a former employee of yours whose employment has been or may be terminated in connection with or as a result of the execution of this Agreement and performance of the Services by Host-Racks.net - DNS Service; or (iii) any claim relating to your services or products, including but not limited to advertising, product liability claims or infringement of any trademark, copyright, patent, trade secrets or non-proprietary right of a third party (including, without limitation, defamation, libel, or violation of privacy or publicity).

8.Miscellaneous

8.1 Confidentiality. The parties each agree that all Confidential Information (as defined below) communicated to it by the other is done so in confidence and will be used only for the purposes of this Agreement and will not be used to compete with the other party or disclosed to any third party without the prior written consent of the other party except as permitted under this Agreement. “Confidential Information” means all information in any form, including, without limitation, printed or verbal communications and information stored in printed, optical or electromagnetic format, which relates to the Services; or computer, data processing or electronic commerce programs and software; electronic data processing applications, routines, subroutines, techniques or systems; information which incorporates or is based upon proprietary information of either party; or information concerning business or financial affairs, product pricing, financial conditions or strategies, marketing, technical systems of either party; or any information concerning customers or vendors of either party; or any data exchange between a party and any customers or vendors. Exceptions to Confidential Information include (1) information in the public domain; (2) information developed independently by a party without reference to information disclosed under this Agreement; or (3) information received from a third party without restriction and/or breach of this or a similar Agreement. It is not a violation of this provision to disclose Confidential Information in compliance with any legal, accounting or regulatory requirement beyond the control of either Party or, but in such case, prior to disclosure, the disclosing Party shall give written notice to the other Party to permit that Party an opportunity to challenge such disclosure. If either Party is subpoenaed, such Party shall give written notice to the other Party to permit that Party an opportunity to challenge the disclosure of Confidential Information. Upon the termination of this Agreement and upon written request of the disclosing Party, each Party shall promptly return all Confidential Information of the other Party. This provision shall survive the termination of this Agreement for two (2) years.

8.2. Notices. All notices, reports, requests, or other communications given pursuant to this Agreement shall be made in writing, shall be delivered by hand delivery, overnight courier service, fax, or electronic mail, shall be deemed to have been duly given when delivered.

8.3. Choice of Law and Forum. THIS AGREEMENT, WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF ILLINOIS, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN ILLINOIS, COUNTY OF COOK, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

8.4. Entire Agreement. This Agreement and all policies and guidelines incorporated in this Agreement by reference constitutes the entire Agreement of the parties and may not be modified or altered orally but only by an agreement in writing signed by both parties.

8.5. No Fiduciary Relationship; No Third-Party Beneficiaries. Host-Racks.net - DNS Service is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto.

8.6. Assignments. You may not transfer or assign your rights, duties, or obligations under this Agreement without Host-Racks.net - DNS Service's prior written consent. Host-Racks.net - DNS Service may assign its rights and obligations under this Agreement and may utilize affiliate and/or agents in performing its duties and exercising its rights under this Agreement, without your consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assignees.

8.7. No Waiver. Host-Racks.net - DNS Service's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Host-Racks.net - DNS Service's right to subsequently enforce such provision or any other provisions under this Agreement

8.8. Severability. If any provision of this Agreement is deemed illegal, invalid, void or otherwise unenforceable in whole or in part, that provision shall be severed or shall be enforced only to the extent legally permitted, and the remainder of the provision and the Agreement shall remain in full force and effect. If any provision of this Agreement is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.

8.9. Survival. All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement.

Prohibited Uses. In addition to the terms and conditions set forth in the Agreement relating to your use of the Service(s), you acknowledge and agree not to use, nor permit the use of or by any person, of Co-Location Equipment or any part thereof, including any links to other Web space, (i) to transmit any obscene communications with intent to annoy another person or persons or to any person under 18 years of age, (ii) in violation of any patent, trademark, service mark, or copyright law, or (iii) to transmit unsolicited advertisements of services or products, a practice also known as “spamming” or "UCE (unsolicited commercial e-mail)" or relay “spamming". Current rates for using Host-Racks.net - DNS Service's Services may be obtained by going to the pricing schedule on our web site at www.firstglobalhosting.com. Host-Racks.net - DNS Service reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time.