The Terms of Service in this Agreement (the "Agreement") are entered into by and between the subscriber ("you," "your" or "Subscriber") and Telecom Evolutions, LLC dba DSLExtreme ("DSLExtreme," "us" or "we"). You are deemed to have accepted this Agreement upon the earliest of: (a) your submission of an order; (b) your accepting the terms and conditions electronically during the ordering process; or (c) your use of the Service (as defined herein). This Agreement includes the terms set forth herein, the Acceptable Use Policy, the Privacy Policy, and all other materials specifically referenced in this Agreement, all of which are incorporated by reference herein. This Agreement sets forth the terms and conditions under which you agree to use the Service.

1. SERVICE. DSLExtreme will provide you with web hosting and or email hosting, subject to the terms and conditions set forth herein (the "Service"). DSLExtreme reserves the right to refuse service to anyone.

2. SUBSCRIBER INFORMATION. You acknowledge that you are eighteen (18) years of age or older, and you agree that you have the legal authority to enter into this Agreement and affirm that the information you supply to us is correct and complete. You understand that DSLExtreme relies on the information you supply and that providing false or incorrect information may result in Service delays or the suspension or termination of your Service. You agree to promptly notify DSLExtreme whenever your personal or billing information changes, including without limitation, your name, address, telephone number, and credit card number and expiration date, if applicable.

3. GENERAL PRICING AND FEES. DSLExtreme's prices are shown in the Pricing Schedule and you will be charged based on the Plan and Options you select during the ordering process. All Subscribers are on a "Month to Month" Plan (a "Monthly Subscriber") and will pay the monthly price(s) listed on the Pricing Schedule corresponding to the Plan and Options chosen by such Monthly Subscriber at the time of order. However, such monthly prices are subject at any time to increase to DSLExtreme's then current prices. A one time twenty-five dollar ($25.00) set up fee is applied to all Plans unless specifically written in a special one time promotion. All Subscribers are responsible for all applicable taxes, telecommunication surcharges or other governmental charges due on the Services, all of which are subject to change at any time. DSLExtreme will break out such charges on the monthly invoice. Promotional packages are only available to first time DSLExtreme Subscribers.

4. PAYMENT, LATE FEES AND OTHER CHARGES. There is no money back guarantee for any Services unless specifically written in a special one time promotion. There are no pro-rated refunds for unused time. DSLExtreme will invoice you based on the Plan and Options you select during the ordering process. New Subscribers who enter into this Agreement after the first day of any month will be billed on a pro-rated basis for their first month of paid Service. This charge will pay for a partial month to catch you up to our calendar month billing cycle and your first full payment period. All subsequent charges will be for one (1) prepayment period beginning the 1st day of the billing cycle. You are required to pay all fees by an automatic payment method. DSLExtreme accepts credit cards (MasterCard, Visa, American Express and Discover) and debit cards with MasterCard and Visa logos. You agree to pay within twenty (20) days from receipt of an invoice. If you do not pay an invoice within such twenty (20) day period, DSLEXtreme may deny, discontinue or otherwise suspend your Service until full payment is received. You are responsible for paying monthly subscription fees while Services are suspended due to non-payment. All accounts suspended for non-payment are subject to a ten dollar ($10.00) re-activation fee. Subscribers are responsible for any disputed charges beyond sixty (60) days from the date of the charge. Any account which goes into collection status will be transferred to a collection agency and incur a twenty-five dollar ($25.00) processing fee and all other applicable fees and charges. You must pay a twenty-five dollar ($25.00) service charge on all returned checks, disputed credit cards, and credit card chargebacks. Past due accounts will accrue a monthly charge of one and one-half percent (1.5%) of the past due balance or one dollar ($1.00), whichever is greater.

5. SOFTWARE. In connection with our provision of the Service, we may provide to you, via download, CD, other media, or other delivery method, the use of certain software which is owned by DSLExtreme or its third party licensors, providers and suppliers, and which may be provided free or for a fee (the "Software"). We reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of or for use with the Service and for no other purpose. The Software may be accompanied by an end user license agreement from DSLExtreme or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes an end user license agreement unless you first agree to the terms and conditions of the end user license agreement.

6. TERM. This Agreement is effective upon Subscriber's acceptance as provided above and shall continue until terminated by Subscriber or DSLExtreme pursuant to this Agreement. Each Subscriber is on automatically renewing periodic term on a Month-to-Month prepayment basis beginning on the first day of the first calendar month of such period (or, in the case of the first term, beginning with Subscriber's acceptance as provided above).

7. TERMINATION BY SUBSCRIBER. Subscriber may terminate this Agreement at any time for any reason by providing DSLExtreme with a thirty (30) day written notice in the form of a valid written termination request and paying all fees and other charges accrued or otherwise payable under the terms of this Agreement. Such thirty (30) day period begins on the date on which DSLExtreme receives Subscriber's valid written termination request. The termination of a Subscriber on monthly periods will be effective on the later of (a) the end of last day of the calendar month during which such thirty (30) day period ends (e.g., a valid written termination request received by DSLExtreme any time during January will result in termination effective at the end of February) or (b) the end of last day of the calendar month requested by the Subscriber. For a Subscriber other than one on monthly periods, their termination, if received by DSLExtreme at least thirty (30) days prior to the end of their periodic term, will be effective at the end of such term, unless such Subscriber requests an earlier date. Notwithstanding the foregoing provisions of this section 8, if DSLExtreme receives a written termination request from a Subscriber, DSLExtreme may, in its sole discretion, terminate this Agreement on a date earlier than the date otherwise prescribed by this section 8. If this Agreement is terminated prior to the end of a prepaid term, a Subscriber will not receive a refund of any prepaid fees or other charges. DSLExtreme does not monitor Subscriber accounts for activity, and absence of activity will never constitute a termination request. A written termination request is valid only if it includes your main username, date you wish the service to be cancelled and the reason for canceling and is submitted using one of the following methods:

1. Online at http://www.dslextreme.com/cancel/
2. Via email at [email protected]
3. Via fax at 818-206-0326
4. Via mail to: DSLExtreme.com

Attn: Cancellation Department
9221 Corbin Ave, Suite 260
Northridge, CA 91324

8. TERMINATION BY DSLEXTREME. If, in DSLExtreme's sole discretion, (a) a Subscriber is in breach of any of the terms of this Agreement (including but not limited to the Acceptable Use Policy); (b) a Subscriber's use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, DSLExtreme's servers or other equipment, or the use and enjoyment of other users; (c) a Subscriber acts in an abusive or menacing manner when dealing with DSLExtreme's technical support staff, customer service staff or any other DSLExtreme employees or representatives; (d) DSLExtreme receives an order from a court to terminate a Subscriber's Service; or (e) DSLExtreme for any reason ceases to offer the Service, then DSLExtreme at its sole election may terminate or suspend such Subscriber's Service immediately without notice. For a termination in accordance with this paragraph, Subscriber remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreement.

9. TERMINATED SUBSCRIBER. DSLExtreme, in its sole discretion may refuse to accept a Subscriber's application for renewal or resubscription following a termination or suspension of such Subscriber's use of the Service. If a Subscriber's Service is terminated for any reason, such Subscriber, upon approval by DSLExtreme, may enter into a new Agreement and must pay any applicable setup or activation fees at such time. Upon the termination of a Subscriber's use of the Service, DSLExtreme has the right to immediately delete all data, files and other information stored in or for the Subscriber's account without further notice to the Subscriber.

10. TECHNICAL SUPPORT. DSLExtreme assumes that the Subscriber has a basic understanding of their computer and the use of any third party website design or file transfer protocol (FTP) applications. DSLExtreme will not train you in basic computer skills (e.g., deleting files, creating directories or designing web pages). Technical support is intended to facilitate the setup of your properly functioning web or email hosting storage space. Our technical support staff is not trained to, has no obligation to and will not assist you in installing and/or troubleshooting or providing support for any third party Software. It is the Subscriber's responsibility to initiate and be available for technical support during DSLExtreme's hours of operation. If a Subscriber wishes to utilize DSLExtreme's technical support, the Subscriber must be available to help troubleshoot the connection or computer setup. DSLExtreme does not provide on-site technical support.

11. ANTI-SPAM AND ANTI-VIRUS FILTERS. The anti-spam and anti-virus filters are services that may be available for Subscribers. The anti-virus server software is a commercially available third party product designed to stop viruses before they reach your mail box. DSLExtreme takes no responsibility for your computer and any viruses not blocked by the software. DSLExtreme highly recommends using third party virus protection software that runs on your computer in addition to the anti-virus filter to better ensure virus protection. DSLExtreme takes no responsibility for legitimate virus free email that is blocked by virus software. The anti-spam product allows Subscribers to enable default or customized settings for spam protection. The spam that is filtered will be moved to a folder labeled "SPAM" and can be accessed from the webmail interface. Messages will be stored in the SPAM folder and can be retrieved for up to 10 days. Messages ten (10) days or older will automatically be permanently deleted by the server. It is the Subscriber's responsibility to check these messages to ensure no legitimate email was filtered. DSLExtreme is not responsible for any email messages, legitimate or not, that are filtered or deleted by the spam filtering software.

12. ACCEPTABLE USE. Subscriber agrees to use the DSL Service in accordance with DSLExtreme's acceptable use policy ("Acceptable Use Policy") published at http://www.dslextreme.com/aup.htm. DSLExtreme reserves the right to make changes to the Acceptable Use Policy without notice.

13. ILLEGAL USE. DSLExtreme servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing DSLExtreme services, all DSLExtreme customers certify that they and/or the organization they represent in procuring services from DSLExtreme are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

14. SPAMMING. Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to DSLExtreme's customers. DSLExtreme web hosting customers are bound to the DSLExtreme Acceptable Use Policy and can find specific information about spamming policies in section three of that document. http://www.dslextreme.com/aup.htm

15. SYSTEM AND NETWORK ABUSE. Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

16. VIRUSES AND OTHER DESTRUCTIVE ACTIVITIES. Use of DSLExtreme's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use DSLExtreme's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet. Eggdrops and other forms of bots
ran on our servers are not allowed and could result in service termination.

17. CGI SCRIPTS. Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. DSLExtreme does not permit CGI script sharing with domains not hosted by DSLExtreme or any scripts that may be abused for UCE purposes.

18. COPYRIGHT VIOLATIONS. The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All DSLExtreme customers are subject to the requirements of the DMCA. Customers who are the subject of a DMCA notification may be subject to account termination at DSLExtreme's sole discretion.

19. CHILD PORNOGRAPHY. The use of DSLExtreme's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. DSLExtreme is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

20. CUSTOMER RESPONSIBILITY. Customers are required to use the DSLExtreme network responsibly. This includes respecting the other customers of DSLExtreme. DSLExtreme reserves the right to suspend and/or cancel service with any customer who uses the DSLExtreme network in such a way that adversely affects other DSLExtreme customers. While DSLExtreme may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, DSLExtreme does not monitor its customers' communications or activities to determine whether they are in compliance with the Terms and Conditions. However, when DSLExtreme becomes aware of any violation of the Terms and Conditions or other user agreements, DSLExtreme may take any action to stop or correct such violation, including, but not limited to, denying access to DSLExtreme's services and equipment or to the Internet. In addition, DSLExtreme may take action against a customer or a customer of such customer because of the activities of such customer. DSLExtreme anticipates that customers who offer Internet services will cooperate with DSLExtreme in any corrective or preventive action that DSLExtreme deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of DSLExtreme policy and DSLExtreme reserves the right to take any such action even though such action may affect other customers of the DSLExtreme customer.

21. ACTIONS TAKEN BY DSLEXTREME. The failure by a customer to meet or follow any of the Terms and Conditions is grounds for account deactivation. DSLExtreme will be the sole arbiter as to what constitutes a violation of the Terms and Conditions. DSLExtreme reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When DSLExtreme becomes aware of an alleged violation of its Terms and Conditions, DSLExtreme will initiate an investigation. During the investigation, DSLExtreme may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, DSLExtreme may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, DSLExtreme will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the Terms and Conditions if it is illegal, irresponsible, or constitutes disruptive use of the Internet. DSLExtreme does not issue credits for outages incurred through service disablement resulting from Terms and Conditions violations. DSLExtreme customers agree to indemnify and hold harmless DSLExtreme from any claims resulting from the use of our services that damages them or any other party. The DSLExtreme 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. DSLExtreme expressly disclaims any representation or warranty that the DSLExtreme service will be error-free, secure or uninterrupted. No oral advice or written information given by DSLExtreme, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. DSLExtreme and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by DSLExtreme.

22. PRIVACY POLICY. DSL Extreme will treat each Subscriber's personal information in accordance with DSLExtreme's privacy policy ("Privacy Policy") published at http://www.dslextreme.com/privacy.php. Subscriber agrees to the terms of the Privacy Policy. DSLExtreme reserves the right to make changes to the Privacy Policy without notice.

23. WARRANTIES AND LIMITATIONS OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE AND ANY SOFTWARE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT. DSLEXTREME (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY DSLEXTREME OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF DSLEXTREME TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED. DSLEXTREME DOES NOT WARRANT THAT THE SERVICE OR ANY SOFTWARE PROVIDED BY DSLEXTREME WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. DSLEXTREME SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. DSLEXTREME MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE OR THE INTERNET. DSLEXTREME MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE, THE SOFTWARE OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE, THE SOFTWARE AND THE INTERNET GENERALLY. YOU AGREE NOT TO USE THE SERVICE OR THE SOFTWARE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS. IN NO EVENT SHALL DSLEXTREME (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE OR THE SOFTWARE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF DSLEXTREME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 20 ALSO APPLY TO DSLEXTREME'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH DSLEXTREME (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), DSLEXTREME'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. DSLEXTREME RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE OR THE SOFTWARE OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)

24. INDEMNIFICATION. You agree to defend, indemnify and hold harmless DSLExtreme from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service, the Software or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Service, Software, or the Internet.

25. REVISIONS. DSLExtreme may revise the terms and conditions of this Agreement from time to time (including any of the policies which may be applicable to usage of the Service) by posting such revisions to our website at http://www.dslextreme.com/terms/. Subscribers agree to visit this page and the links thereon periodically to be aware of and review any such revisions. Increases to the periodic price of the Service shall be effective beginning with the first full prepayment period following posting. Revisions to any other terms and conditions shall be effective upon posting. By continuing to use the Service after revisions are in effect, a Subscriber accepts and agrees to the revisions and to abide by them. Any Subscriber who does not agree to the revision(s) must terminate their Service immediately.

26. ASSIGNMENT. You agree not to assign or otherwise transfer, this Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be void. DSLExtreme may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.

27. CHOICE OF LAW. You and DSLExtreme agree that the substantive laws of the State of California, without reference to its principles of conflicts of aws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND DSLEXTREME CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN LOS ANGELES COUNTY, CALIFORNIA FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including California laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

28. COMPLIANCE. DSLExtreme's failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.

29. THINGS BEYOND DSLEXTREME'S CONTROL. DSLExtreme will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.

30. ENTIRE AGREEMENT. This Agreement, including all policies posted on DSLExtreme's website, which are fully incorporated into this Agreement by reference, constitutes the entire agreement between you and DSLExtreme with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.

31. NOTICE. Notices by DSLExtreme to you shall be deemed given: (a) when sent to your DSLExtreme email address, (b) when deposited in the United States mail addressed to you at the address you have specified in your account options or (c) when hand delivered to your home, as applicable.

32. SURVIVAL. All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including without limitation, those provisions relating to Warranties and Limitation of Liability and Indemnification, shall survive such termination, cancellation or expiration.