IN ORDER TO LICENSE A WEBFH WEBSITE (as defined below), USE THE WEBFH WEBSITE MANAGER SERVICE (as defined below), AND USE THE WEBFH HOSTING SERVICE (as defined below), ALL AS PART OF A SUBSCRIPTION SERVICE (as defined below), YOU ARE REQUIRED TO AGREE TO THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBFH PRODUCTS AND SERVICES ON THIS WEBSITE. BY CHECKING THE BOX NEXT TO THE PHRASE "I have read and agree to the WebFH Website License Agreement", YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, AS AMENDED FROM TIME TO TIME BY WEBFH (THE "AGREEMENT"). IF YOU DO NOT AGREE, YOU WILL NOT BE ABLE TO LICENSE A WEBFH WEBSITE OR USE THE WEBFH WEBSITE MANAGER SERVICE, OR OTHERWISE USE THE SUBSCRIPTION SERVICE.

1. Definitions
In this Agreement, the following capitalized terms shall have the meanings ascribed to them below:

a. "WEBFH WEBSITE" means any pre-designed, customizable WebFH Website template licensed by WebFH to end users as part of a Subscription Service.

b. "SUBSCRIPTION SERVICE" means any of the WebFH subscription service packages that are available for purchase by end users on a monthly basis, for a monthly fee, that combine the WEBFH WEBSITE license, the WEBSITE MANAGER SERVICE and the WEB HOSTING SERVICE, all as described on the WebFH Website located at the URL www.webfh.com.

c. "WEBFH WEBSITE MANAGER SERVICE" means the WebFH on-line tool that allows customers to access their WEBFH WEBSITE, add/modify certain content, include/exclude Website sections, upload images and make generic changes to their WEBFH WEBSITE.

d. "WEB HOSTING SERVICE" means the Web hosting services provided WebFH as part of a SUBSCRIPTION SERVICE.

2. Registration Process
To use any SUBSCRIPTION SERVICE, you must, in addition to selecting the SUBSCRIPTION SERVICE you desire to purchase, submit certain registration data. Such registration data shall include, but shall not be limited to, your name, address, e-mail address, and your credit card number and other billing information. You hereby certify that all of the registration data you provide to WebFH is accurate and complete, and you agree to notify WebFH within twenty (20) days of any changes to such data. WebFH reserves the right, in its sole discretion, to refuse to provide a SUBSCRIPTION SERVICE to you for any reason. You agree that the WEB HOSTING SERVICE may alternatively be provided by a third party selected by WebFH, in its sole discretion.

3. Payment
Billing for the SUBSCRIPTION SERVICE shall be by valid credit card (acceptable to WebFH) at the time of purchase. Your monthly payments for the SUBSCRIPTION SERVICE will be automatically charged to the credit card provided by you (and acceptable to WebFH) at the time of your purchase (with such payments being charged in advance on a monthly basis, excluding any applicable free trial periods, if any) ("Monthly Subscription Service Fee"), and you hereby agree that WebFH is authorized to so charge your credit card. WebFH, in its sole discretion, shall determine the prices it will charge for the SUBSCRIPTION SERVICE, and the terms and conditions applicable to the same, and WebFH may, upon providing thirty (30) days' notice to you, amend such pricing and/or terms and conditions. If you do not agree to the change(s), you may terminate your SUBSCRIPTION SERVICE as provided herein within that thirty (30) days; otherwise all such changes shall thereafter be effective with respect to your account, and you agree that we are authorized to charge your credit card for the new monthly SUBSCRIPTION SERVICE fee.

4. Limited License
WebFH grants you a non-exclusive, non-transferable, limited license to use the WEBFH WEBSITE for the sole purposes of creating and operating a Website pursuant to the terms and conditions set forth herein. This Agreement does not constitute a license to use WebFH's trade names, service marks, trademarks, or any other WebFH proprietary marks.

5. Usage Guidelines
You may not use the SUBSCRIPTION SERVICE (or any component thereof) for the activities listed below. In the event you violate this provision, this Agreement will immediately be terminated and you will no longer be able to use the SUBSCRIPTION SERVICE (or any component thereof). You may not use the SUBSCRIPTION SERVICE (or any component thereof) to display or otherwise use any material, content, software or information that contains any of the following: (a) material that violates local, state, federal or international laws; (b) any material that violates or infringes in any way the rights, including copyrights, trademark rights or other intellectual property rights of any third party; (c) hate propaganda; (d) fraudulent material or fraudulent activity; (e) any material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable or inappropriate, all as determined by WebFH at its sole discretion; (f) any material that promotes, encourages, or provides instructional information about illegal activities; (g) any software, information, or other material that contains a virus, "Trojan Horse," corrupted data; or (h) any software or information to promote or utilize software or any of WebFH's services to deliver unsolicited e-mail.

6. Ownership Rights
You agree and understand that the licensed WEBFH WEBSITE, and all graphic designs, style templates, icons, HTML code, programming code, and other graphic elements incorporated therein are the exclusive property of WebFH. In addition, WebFH owns all right, title and interest in and to WebFH's trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of the WEBFH WEBSITE MANAGER SERVICE and the WEBFH WEBSITE. To the extent any trade names, trade marks, or other proprietary marks of third parties ("Third Party Marks") are incorporated into any component of the SUBSCRIPTION SERVICE, you agree that such Third Party Marks are the intellectual property of such third parties.

7. Restrictions
You may not copy, sell, redistribute, license, sublicense or otherwise give an WEBFH WEBSITE to any third party without WebFH's written consent.

8. WEBFH'S DISCLAIMER OF WARRANTY
You agree and understand that you are using the SUBSCRIPTION SERVICE (and all components thereof) at your own risk. The SUBSCRIPTION SERVICE is provided on an AS IS, AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WEBFH EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SUBSCRIPTION SERVICE WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE, SECURE OR UNINTERRUPTED. WEBFH DOES NOT GUARANTEE YOUR RECEIPT OF SERVICE AT ANY PARTICULAR TIME OR THE INTEGRITY OF DATA STORED OR TRANSMITTED VIA ITS SYSTEM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY WEBFH, ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination or cancellation of this agreement.

9. LIMITATION OF LIABILITY
YOU AGREE THAT OUR ENTIRE LIABILITY AND THAT OF ANY THIRD PARTY PROVIDING SERVICES AS PART OF THE SUBSCRIPTION SERVICE, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE SUBSCRIPTION SERVICE, AND ANY MATTER ARISING OUT OF THIS AGREEMENT, IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SUBSCRIPTION SERVICE. WEBFH, ITS CONTRACTORS, AFFILIATES (INCLUDING THIRD PARTIES PROVIDING SERVICES AS PART OF THE SUBSCRIPTION SERVICE) AND PARENT COMPANIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SUBSCRIPTION SERVICE, OR ANY OF THE WEBFH WEBSITES, WEBFH WEBSITE MANAGER SERVICE, WEB HOSTING SERVICE OR OTHER WEBFH SERVICES OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES. 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. WE DISCLAIM ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO: (1) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS; (2) LOSS OR LIABILITY RESULTING FROM DATA NON-DELIVERY OR DATA MIS-DELIVERY; (3) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (4) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT INFORMATION (INCLUDING ANY PASSWORDS); (5) LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR SERVICE(S) PROVIDED UNDER THIS AGREEMENT; (6) LOSS OR LIABILITY RELATING TO THE DELETION OF OR FAILURE TO STORE E-MAIL MESSAGES; (7) LOSS OR LIABILITY RESULTING FROM THE DEVELOPMENT OR INTERRUPTION OF YOUR WEBFH WEBSITE OR ANY OF THE SERVICES INCLUDED IN THE SUBSCRIPTION SERVICE; (8) LOSS OR LIABILITY FROM YOUR INABILITY TO USE OUR WEBFH WEBSITE MANAGER SERVICE OR ANY COMPONENT OF THE SUBSCRIPTION SERVICE; (9) LOSS OR LIABILITY THAT YOU MAY INCUR IN CONNECTION WITH OUR PROCESSING OF YOUR APPLICATION FOR OUR SERVICES, OUR PROCESSING OF ANY AUTHORIZED MODIFICATION TO YOUR WEBFH WEBSITE OR REGISTRATION DATA, OR YOUR AGENTS FAILURE TO PAY ANY FEES, INCLUDING THE MONTHLY SUBSCRIPTION SERVICE FEE. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT WEBFH IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE THROUGH WEBFH. The terms of this Section will survive any termination or cancellation of this agreement.

10. Indemnification
You agree to defend, indemnify, and hold WebFH and its contractors, agents, employees, officers, directors, affiliates and assigns harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys' fees and expenses) of third parties arising from or related to (a) any information, material, content products, or services available on your licensed WEBFH WEBSITE; (b) your use of the WEBFH WEBSITE MANAGER SERVICE, the WEB HOSTING SERVICE or the licensed WEBFH WEBSITE; or (c) any use of your licensed WEBFH WEBSITE. The obligations in this Section will not be limited in any way by any other provisions of this Agreement, including the limitation of liability section set forth above.

11. Modifications
WebFH reserves the right to modify this Agreement at its own discretion upon thirty (30) days written notice to you of any such modification and the effective date of such modification. If any modification to this Agreement is unacceptable to you, you may immediately terminate or cancel this agreement by providing written notice to WebFH; you will not receive any refund of fees paid by you hereunder in connection with any such termination. If you do not terminate or cancel the Agreement, or if you continue to use the SUBSCRIPTION SERVICE following any modification to this Agreement, your continued use will mean that you have accepted that modification. Otherwise, this Agreement may not be modified except by the written consent of both parties.

12. Term and Termination

12.1 Term
The term of this Agreement shall be for one (1) month, beginning on the first day of the month following the date of your agreement to the terms and conditions hereof (the "Effective Date") and shall thereafter continue on a month-to-month basis for successive monthly periods, unless either Party notifies the other of termination, in accordance herewith.

12.2 Termination without Cause


(a). By You
You may terminate this Agreement at any time upon notice to WebFH as provided herein. Unless terminated earlier as provided herein, this Agreement will be terminated as of the expiration of the monthly billing cycle in which your Notice of Service Cancellation was received and processed by WebFH.
(b). By WebFH
WebFH may terminate this Agreement at any time, without cause, upon thirty (30) days' prior written notice to you.

12.3 Termination for Default
WebFH may terminate this Agreement, without notice, if in the sole judgment of WebFH you are in violation of any of the Usage Guidelines set forth herein. WebFH may terminate this Agreement upon twenty (20) days' written notice if in the sole judgment of WebFH you are in default of any material provision of this Agreement (other than the Usage Guidelines) and you have not cured such default by the end of the twenty (20) days.

12.4 Effect of Termination
Upon any termination of this Agreement, your right to use the SUBSCRIPTION SERVICE (and, therefore, your license to use the WEBFH WEBSITE) will automatically terminate, and you shall immediately cease any use of the WEBFH WEBSITE and the SUBSCRIPTION SERVICE; WebFH shall immediately cease providing the SUBSCRIPTION SERVICE. WebFH will cease charging your credit card for the Monthly Subscription Service Fee as of the expiration of the monthly billing cycle in which the termination is effective. Unless otherwise specified in writing by WebFH, you will not receive any refund for monthly payments already made by you as of the date of termination. If termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs WebFH incurs in closing your account. You agree to pay any and all costs incurred by WebFH in enforcing your compliance with this Section.

12.5 Survival
In the event of termination of this Agreement for any reason, Sections 1, 3, 6, 7, 8, 9, 10, 12, 13, and 14 shall survive.

13. Notices
All notices must be sent either in writing or by e-mail, except as otherwise expressly provided herein. All written notices to WebFH shall be delivered to WebFH, PO Box 571437, Salt Lake City, UT 84157-1437. All notices to you shall be delivered to your mailing address or e-mail address as provided in your account information (as updated by you pursuant to this Agreement). Either of us may change our respective address by written notice delivered to the other party. All notices delivered in writing hereunder must be sent by either overnight courier or certified mail, return receipt requested.

14. Miscellaneous
This agreement constitutes the entire agreement between you and WebFH with respect to the SUBSCRIPTION SERVICE and your use of the WEBFH WEBSITE and supersedes all prior agreements between you and WebFH pertaining to the same. WebFH's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Interpretation and enforcement of this agreement will be governed by the laws of the State of Utah, United States of America (excluding its choice of law rules). You hereby consent to personal jurisdiction in the federal courts in the State of Utah and the state courts of Salt Lake County, Utah for any action arising out of or related in any way to this Agreement or relating to your use of the SUBSCRIPTION SERVICE (or any component thereof). Nothing in this agreement will be construed as creating a joint venture, partnership, employment or agency relationship between you and WebFH, and you do not have any authority to create any obligation or make any representation on WebFH's behalf. Other than as specified herein, neither party makes any representations, or assumes or creates any obligations, on behalf of the other. You may not assign this agreement, by operation of law or otherwise, without WebFH's written consent. Subject to the foregoing, this agreement will be binding on, inure to the benefit of and be enforceable against you and WebFH and their respective successors and assigns. Other than services provided as a part of the SUBSCRIPTION SERVICE, WebFH is not responsible for and shall have no liability with respect to any products and/or services purchased by you from other parties, whether through the WebFH Website or otherwise, and the provision of any such other products and/or services shall be subject to your agreement, if any, with the party providing the other products and/or services. The terms of this Section will survive any termination of this agreement.