The Web Presence Group a subsidiary of OIC Group, Inc. (WPG, we, us, our) and (you, your) agree to the following:

1.0 Definitions.
1.1 "Client" means the person who orders the WPG Services and has ownership and control rights and obligations for the WPG Services.
1.2 "Client Data" means all supporting data files and data structures provided by the Client for its WPG Service.
1.3 "WPG Service" means the server space and software services provided to the Client including but not limited to the HTTP service, FTP service, SMTP service, POP service, server extensions, third-party software, CGI library scripts and if applicable any additional contracted web design, web development, ecommerce, search engine optimization or any other add-on or contracted services as pertaining to this agreement.
1.4 "Physical Server" means the serving computers, hardware and operating- system, and software necessary to operate and support the WPG Service in accordance with this Agreement.
2.0 Scope of Services. We will provide you with the following specific services:
2.1 Physical Server Hardware and Software Services. We will provide the Physical Servers and other computer and operating system software to operate and support the WPG Service in a manner acceptable in the industry. Although we will make reasonable efforts to protect your WPG Service on a regular basis, we are not responsible for the Client Data residing on the WPG Services. You are ultimately and solely responsible for the backup of Client Data stored on your WPG Service.
2.2 Physical Server Set-Up and Updating. We will configure the WPG Service, and Client will load the Client Data onto the server computers so as to create a fully functional Internet presence. After the WPG Services are loaded, set up with the Client Data, and is fully operational, Client will be responsible for all WPG services content.
2.3 Physical Server Connection and Access. We will provide connection of the WPG Services to the Internet, including all telecommunications equipment and connections for the WPG Services to provide public access on a 24-hour-a-day, 7-day-a-week basis, with the exception of scheduled maintenance downtime. We will use our best efforts to provide uninterrupted Physical Server Connection and Access, except for scheduled maintenance downtime and any interruption to Physical Server Connection and Access beyond our control caused by, for example, acts of nature, third-party equipment or transmission failures, or security breaches.
2.4 Maintenance Services. We will perform maintenance services as we determine reasonably necessary to maintain the continuous operation of the WPG Services. You agree to periodically scheduled maintenance downtime periods. We will provide prior notice of the maintenance downtime, except when circumstances beyond our control limit our ability to do so.
2.4.1 You agree to the acceptance of email notifications in regard to scheduled outages, virus alerts, system information enhancements and changes. You also agree that failure to subscribe, remove yourself or failure of receipt of WPG Service announcements in no way can be held against WPG in the fulfilment of their duties in the day to day operations.
2.5 Hardware, Equipment and Software. You are responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access us. We make no representations, warranties, or assurances that your equipment will be compatible with our service.
3.0 Payment Terms. You agree to the following payment terms in consideration for the services provided:
3.1 Set-Up Fee. You will pay us a one-time, non-refundable set-up fee according to our current WPG Services Price Schedule, which is available on our web site (www.webpresencegroup.net) or upon request.
3.2 Contract Length. You understand and agree that your WPG Services, for one or all of the following: Virtual or Dedicated Hosting, Content Management Leasing, Special Lease Programs, Dedicated Servers and/or Colocation account plans is provided on an initial 3-month payment cycle. After your initial months, you will be on a 3 month to 3-month payment length. Your first billing cycle starts upon release of your WPG Service or within 30 days from signed date of this contract or which ever occurs first. Should you terminate your WPG Service account within the first 3 months you will be billed for the entire contract period. The first month is defined as the calendar month in which you first had access to your account, regardless of whether you actually made use of your account.
3.3 Service Fee. You will pay us a monthly Service Fee for the services we provide under this Agreement according to our current WPG Services Price Schedule, which is available on our web site or upon request. The Service Fee is billed to you at the beginning of the last service month and is due on the 1st day of the new service month in which the Service Fee is billed. If you first begin using our services after the first of the month, we will prorate your first month's Service Fee. The Service Fee is subject to adjustment, with notice, according to the current WPG Services Price Schedule.
3.4 Cancellation. In the event you cancel your service, you will be charged in full for the entire month in which you canceled your service. In the event you have elected to prepay subsequent, additional months' Service Fees, we retain the right to charge you an administrative fee and deduct the administrative fee from the subsequent, future months' Service Fees before refunding them to you. In the event you cancel your service and you are still in your initial contract period, you will be charged one additional month for the remainder of your contract period as defined by the date you first had access to your account, and section 3.2 of this agreement.
3.5 Breach. In the event we terminate this Agreement because of a breach, you will be charged in full for the entire month in which the breach occurred. In the event you have elected to prepay subsequent, additional months' Service Fees, we retain the right to charge an administrative fee and deduct the administrative fee from the subsequent, future months' Service Fees before refunding them to you. In the event we terminate this agreement because of a breach and you are still in your initial contract period, you will be charged one additional month for the remainder of your contract period as defined by the date you first had access to your account, and section 3.2 of this agreement.
3.6 Tax. These fees are exclusive of any and all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the services provided under this Agreement, except that your income taxes and any sales or similar taxes on the sale of the Client products and services to end users shall be the sole responsibility of the Client.
3.7 Client payments made by credit card will be billed the 1^st of the month on that billing cycle as set forth in the contract terms. If a client’s credit card or debit card is refused, The Web Presence Group will attempt to run the credit card an additional time to process payment. If card is rejected for a second time, the Clients account will be suspended until payment has been made through an alternate method. An additional fee of one month’s payment as a reinstatement fee to reconnect the account may and can be applied.
3.8 All costs associated with returned checks will also be you; the client’s responsibility and such charges will be added to your account balance. An administrative fee for such returned checks may be assessed and added to your account balance by us.
3.9 In the event, it is necessary to refer your account to a collection agency in the United States or in your country of origin, a collection fee will be applied to your account by such agency for their services. This fee is in addition to the amount being collected as an outstanding balance on your account, and is payable in full. Failure to pay an outstanding balance may be reported to any and all credit reporting agencies according to the laws governing such action within the United States and/or your country. Any and all fees associated with the collection of your account, including expenses incurred by us will be passed on as part of the outstanding debt owed including but not limited to costs for long distance phone calls, fax charges, court appearances, and attorney fees, and any times required of The Web Presence Group to attempt collection as it relates to the collection of your account.
3.10 You agree to pay all fees by the due date on invoices sent by the us whether the invoice is sent by electronic mail, facsimile, or by US Postal mail. Accounts that are delinquent may be canceled for non-payment. To re-instate your account, a new setup fee equal to one months Dedicated Server fee, will be incurred at the current rates, subject to approval of credit.
3.11 Late Fees will be assessed on any account over 15 days past at the rate of 1.5% of the balance due or $5.00 which ever is greater. Each 30 day period from original invoice date that account is not paid, the late fee will be applied to that invoice for each 30 day period.
4.0 Representations and Warranties. Our obligations under this Agreement are conditioned upon the following representations and warranties:
4.1 Compliance with Law. You represent and warrant that you will comply with all applicable state and federal laws in your performance of this Agreement and in the use and operation of the Dedicated Server Services, including laws governing technology, software and trade secrets.
4.2 Authority to Contract. You represent and warrant that you have full authority and right to enter into this Agreement and that there are no conflicting claims relating to the rights granted by this Agreement.
4.3 Non-Infringement. You represent and warrant that your performance of this Agreement and providing the Web Service, including the software or data files, shall not infringe the intellectual property or other proprietary rights of any third party.
4.4 Our Performance. We represent and warrant that our services shall be performed in a professional and workmanlike manner, and the computer servers will be operated in accordance with our obligations as defined by this Agreement.
4.5 Disclaimer of Warranties. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED ABOVE, WE MAKE NO WARRANTY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, AND ALL SERVICES ARE PROVIDED ON AN "AS-IS", "AS-AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OF NON-INFRINGEMENT.
5.0 You expressly agree that use of our WPG Services Facilities is at your own risk. Neither we, our employees, affiliates, agents, third-party information providers, merchants, licensors or the like, warranty that our service will not be interrupted or error free; nor do we make any warranty as to the results that may be obtained from the use of our service or as to the accuracy, reliability or content of any information serviced or merchandise contained in or provided through our service, unless otherwise expressly stated in this Agreement.
5.1 Under no circumstances, including negligence, will we, our officers, agents or anyone else involved in creating, producing or distributing our service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our service. We will further not be liable for results from mistakes, omissions, interruptions, deletions of files, errors, defects, delays and operation, or transmission or failure of performance whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to our records, programs or services. You acknowledge that this paragraph shall apply to all content on our WPG Services, any physical server, computer, hardware, and software, paper files that we maintain, operate or store.
5.2 Your exclusive remedy for all damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) will not (a) exceed the actual dollar amount which you paid during the month in which the cause of action arose, or (b) include any incidental, consequential, extemporary or punitive damages of any kind, including without limitation, loss of data, file, profit, good will, time, savings or revenue.
6.0 Terms and Termination. The following describes the effective date, duration and methods of termination:
6.1 Effective Date. The Effective Date of this Agreement is determined to be the first date in which the WPG Services was online for use, regardless of whether or not you make use of the WPG Services on this or after this date.
6.2 Duration. This Agreement will commence on the Effective Date and continue on a month-to-month basis upon completion initial contract term.
6.3 Termination for Convenience. Subject to Section 3.4, you may terminate this Agreement at any time for your convenience by providing us with advance written notice at least 48 hours prior to the time you wish to terminate this agreement pending any monies owed as per the contracted agreement amount.
6.4 Breaches or Default. The following constitute a breach or default of this Agreement:

a. your failure to pay the current month's Service Fee by the last day of the current month,
b. your violation of Section 8.0,
c. your violation of 9.2, or
d. your violation of Sections 4.1, 4.2 or 4.3.

6.5 Special Lien on Personal Property. We retain a special lien on all of your personal property in our possession to secure any payment amount you may owe us under this Agreement, including but not limited to, domain names, data residing on the WPG Services, email or any other form of property whether in electronic or physical form.
7.0 Ownership Rights. We acknowledge that all right, title and interest in the Client Data shall be solely owned by the Client. We own or have licensed all server software. In the event that we elect, at our option, to provide custom software to you, this software will be licensed to you for use only on our WPG Services on a non-exclusive, royalty-free, fully paid basis according to the terms of this Agreement.
8.0 Activities Subject to Immediate Deactivation. PLEASE REVIEW OUR ACCEPTABLE USE POLICY online at www.webpresencegroup.net/aup.php. We may immediately deactivate any WPG Service that is used for Illegal, Abusive or Unethical Activity without warning to you. Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials. Although we will make reasonable efforts to alert you to such activities and allow you an opportunity to cure them within a 12-hour period after discovery, we are not required to give notice before deactivating your use of our services if, in our discretion, your use is or results in Illegal, Abusive or Unethical activities. If a WPG Service is disabled, the regular monthly fees still apply.
9.0 Miscellaneous.
9.1 Public Nature of Internet. Please understand that all information submitted on the WPG Service shall be considered publicly accessible. You should protect important and private information. For example, we are not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use.
9.2 Unsolicited Electronic Mail. You are expressly prohibited from sending unsolicited bulk mail messages ("junk mail" or "Spam"). This includes, but is not limited to, bulk mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited. Although we will make reasonable efforts to alert you to such activities and allow you an opportunity to cure them within a 12-hour period after discovery, we reserve the right to immediately deactivate your use of our service if we discover such activity. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement.
9.2.1 You are also liable for any and all damages that may occur from the unlawful transmission of UCE/Unsolicited Electronic Mail/SPAM as pertains to laws within the State of Illinois (815 ILCS 511/ Electronic Mail Act. CLICK HERE FOR MORE INFORMATION) This includes penalties of $10.00 per UCE or $25,000.00 in fines by the State of Illinois as well as any civil remedies allowed under the law. Additional laws may apply with those governing states and bodies and such request from those lawful authorities will be honored by WPG in the lawful pursuit of those claims and charges. WE DO NOT TOLERATE UCE/SPAM at any level.
9.2.2 If you the "client" are found to have originated any UCE/Spam or created a phishing email and or web site or violated any actionable article of this agreement, you could be charged an additional fee of no less then $500.00.
9.2.3 All WPG Virtual and Dedicated Hosting, Content Management leases, ecommerce application, Dedicated Server and Colocation services using our MailHub Filtering services and/or Special Lease programs agree to and allow WPG to use methods as set forth as industry standard to monitor, scan and delete email communications that are of a UCE and or spam nature and can not hold WPG responsible for any errors or omissions of your email communications in the filtering or monitoring of email communications.
9.3 Governing Law and Attorneys' Fees. This Agreement will be interpreted and applied in accordance with the laws of the state of Illinois, without regard to the conflicts of law provisions. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees, whether or not a suit is actually filed.
9.4 Control and Ownership of IP. We maintain and control ownership of all IP numbers and addresses that may be assigned to you, and we reserve, in our sole discretion, the right to change or remove any and all IP numbers and addresses.
9.5 Excessive Bandwidth Usage. WPG Services, which use, in our discretion, unnecessary Bandwidth capacity on the Physical Server in excess of the designed Bandwidth capacity will be subject to immediate deactivation. Upgrades to your Bandwidth capacity are available.
9.5.1 Streaming Media files and there accepted use. Any Mp3, .MOV, .MP4, .MPEG or any related media file used for audio or video download or streaming will be required to be placed in special locations as specified by WPG. Any related media files not in the accepted locations upon discovery will be deleted without notice. Repeated violations could result in fines of $100.00 per file and/or suspension of their account without notice.
9.6 Resale of Services and Flow-down of Obligations. You may resell space on your own WPG Services but you must first obligate any such resale to the same terms of this Agreement and incorporate into that resale all of our rights, including our rights regarding content and activity.
9.7 Age. You certify that you are at least 18 years of age.
9.8 Transfer. You may not transfer or assign this Agreement without the written consent of The Web Presence Group.
9.9 The Web Presence Group, it's parent companies or associate companies reserves the right to refuse service at our discretion without notice and/or with or without cause with exception of race, nationality, creed, sexual orientation, religion or gender.