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TERMS OF SERVICE / SERVICE AGREEMENT

This Service Agreement ("Agreement") sets forth the terms and conditions of your use of various services of Cydian Technologies, LLC ("Cydian"). By requesting services from Cydian, you represent that you have read and agreed to be bound by all terms and conditions of this Agreement, including the Dispute Policy, and any rules or policies that are or may be published by Cydian. Cydian is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") under an agreement between Cydian and ICANN ("ICANN Agreement"). You acknowledge that Cydian may modify this Agreement if necessary to comply with its ICANN Agreement, or as otherwise provided herein. In this Agreement, "you" and "your" refer to the party requesting services from Cydian, and "we", "us" and "our" refer to Cydian.

1. Dispute Policy You agree to be bound by the current INWW Domain Name Dispute Policy ("Dispute Policy") which is incorporated into this Agreement by reference. The Dispute Policy can be found at http://direct.inww.com/inww-rules.shtml, http://direct.inww.com/inww-terms.shtml, http://direct.inww.com/inww-dispute.shtml Any disputes regarding the right to use your domain name will be subject to the Dispute Policy. INWW may modify the Dispute Policy in its sole discretion at any time. Your continued designation of INWW as the registrar of your domain name after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time a third party challenges your domain name.

2. Use of Your Information As part of the registration process, you are required to provide certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (iv) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (v) the name, postal address, e-mail address, voice telephone number, and fax number if available of the zone contact for the domain name; and (vi) any remark concerning the registered domain name that should appear in the Whois data. You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name without refund of fees paid. If you license use of a domain name to a third party, you are nonetheless the holder of record of the domain name and are responsible for providing your own full contact information and for providing and updating accurate technical, administrative, and zone contact information. You acknowledge that INWW will make some of the information that you provide during the registration process publicly available as required by ICANN. Additionally, you acknowledge that ICANN may impose guidelines, limits and/or requirements that relate to the amount and type of information that Cydian may or must make available to the public or to private entities. Additionally, as further consideration for the services provided by Cydian, we may disclose such information to other third parties. You may request a copy of your information in Cydian's possession to review, modify or update such information.

3. Use Policies You agree to use your domain name only in accordance with applicable laws.

4. Fees As consideration for the services provided to you by Cydian, you agree to pay to Cydian the applicable fees for such services. With respect to domain name registration and related services, if at any time any fees or other charges payable to the registry for a domain name registered by Cydian on your behalf, or fees or other charges payable to ICANN or any other regulatory body on account of such domain name, shall increase (for example, upon renewal), or any additional fee, tax or charge shall become due and payable to any third party related to a domain name registered by Cydian on your behalf, fees payable by you to Cydian under this Registration Agreement will increase by such amount. All fees are non-refundable. You will be notified when renewal fees are due. Should these fees go unpaid by the time specified in the renewal notice, Cydian or INWW shall have the right to cancel your registration and delete your domain name. Unless otherwise agreed, payment shall be made by credit card and your domain name will not be registered unless we receive appropriate authorization from your credit card company. You agree that Cydian shall have the exclusive right to act as registrar of your domain name for the initial term of registration plus three (3) years, and any renewal of your domain name registration in that period shall be processed using Cydian's services.

5. Agents and Licenses You agree that if your domain name is registered on your behalf by anyone acting as your agent (e.g., an Internet Service Provider, employee, etc.), you are nonetheless bound as a principal by all terms and conditions provided herein, including the Dispute Policy. You agree that if you license the use of your domain name to a third party, you re-main the domain name holder, and remain responsible for all obligations under this Agreement.

6. Limitation of Liability YOU AGREE THAT CYDIAN WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (A) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (B) THE USE OF YOUR DOMAIN NAME, (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO CYDIAN'S REGISTRATION SYSTEM; (D) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND CYDIAN; (E) EVENTS BEYOND CYDIAN'S REASONABLE CONTROL; (F) THE PROCESSING OF YOUR APPLICATION; (G) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (H) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (I) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, CYDIAN WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF CYDIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CYDIAN'S MAXIMUM LIABILITY EXCEED THE FEES PAID TO US ON THAT SINGLE DOMAIN NAME APPLICATION. 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.

7. Indemnity You agree to defend, indemnify and hold harmless Cydian, its affiliates and business partners, and any applicable domain name registry, including without limitation Network Solutions, Inc., and the directors, officers, employees and agents of each of them, from and against any and all claims, actions, losses, damages, expenses and costs, including reasonable attorneys' fees and expenses, arising out of or relating to (i) your domain name registration, (ii) any breach by you of this Agreement, including the Dispute Policy, or (iii) any third party claim, action, or demand related to your domain name or the use thereof.

8. Representations and Warranties You represent and warrant that all information provided by you in connection with your registration is complete and accurate and that you have full capacity and authority to enter into this Agreement. Cydian makes no representations or warranties of any kind in connection with this Agreement. Cydian does not represent or warrant that registration of your domain name will immunize you from challenges to your domain name.

9. Breach and Revocation You must remedy any breach of your obligations under this Agreement (including nonpayment, returned checks, charged-back credit card charges or any other event adversely effecting payment) within 15 days after notice by Cydian. If you fail to cure the breach within such period, Cydian shall have the right in its sole discretion to delete, revoke, suspend, transfer or otherwise modify your registration of the domain name, without waiving any of its rights to fees due and owing, and without creating any liability to you for such action. You also agree that Cydian shall have the right in its sole discretion to delete, revoke, suspend, transfer or otherwise modify a domain name registration at such time as Cydian receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the deletion, revocation, suspension, transfer or modification of the domain name registration.

10. Right of Refusal Cydian, in its sole discretion, reserves the right (i) to refuse to register or reserve your chosen domain name and (ii) to provide any other service requested. In the event that we do not register or reserve your domain name or provide other requested services, or we delete your domain name within such thirty (30) day period, we agree to refund your applicable fees paid. However, no such refund will be due and owing, and your obligation to pay shall not be eliminated, if the non-registration, deletion or cancellation of a domain is the result of: (1) your nonpayment for such services, (2) the fraudulent use of a credit card, (3) the dispute of a charge on your credit card, or (4) the registration of the domain name with another company by you. You agree that Cydian shall not be liable to you for any loss or damages that may result from our refusal to provide any such services, or the deletion of your domain name.

11. Fraudulent Charges / Chargebacks / Unpaid Account Balances Cydian has a "zero tolerance" policy for fraudulent charges and fraudulent chargebacks. Cydian has, and shall continue in the future, to work with law enforcement agencies to criminally prosecute all instances of credit card fraud in any amount. Any fraudulent use of a credit card to obtain a domain name, or chargeback on a credit card used to obtain a domain name, will result in the forfeiture of the domain name to Cydian, without any further recourse to you. Additionally, you agree to an administrative fee of $200 per domain name, or the maximum allowed by law, plus collection and legal fees incurred in collecting the amounts originally owed. Forfeiture of the domain name(s) does not relieve your financial obligations for the name, administrative fees and collection fees.

In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with the payments of the registration or renewal fee for your domain name registration, or in the event of an unpaid balance in connection with any service with Cydian, you agree and acknowledge that the domain name registration shall be transferred to Cydian as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We may reinstate your domain name registration solely at our discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee, currently set at US$200. Additionally, you shall remain liable for the amount of the original charge, plus a chargeback and collection fee of $200 per domain name. You agree that this agreement, coupled with the charge documentation and domain registration documentation, shall be conclusive evidence of your intent to make this purchase and consent to this agreement.

12. Cancellation of Hosting Accounts Hosting accounts are subject to quarterly or annual renewal, based on the hosting account selected. By entering into a contract for services with us, you agree that the term of service shall be the duration of the quarterly or annual cycle (depending on which is selected) and that it shall automatically renew each cycle until cancelled. All cancellations must be received in writing, by mail or fax, 15 days prior to the end of the then-current billing cycle to be effective. Cancellation requests are only effective at the end of the then-current billing cycle, assuming cancellation occurs as set forth above. Cancellations by phone or email are never acceptable and will not constitute cancellations.

13. Activation of Services. Domain orders, if paid, are processed immediately. Even when processed and registered immediately, the domain will not be available for use for 24-48 hours because of the necessity for the central registry to publish the existence of the new domain to the world. While registrations are normally complete in minutes, various events may cause delays, including but not limited to (a) errors in the customer's application, (b) unavailability of registrar system to process registrations, and (c) Internet network interruptions. In the event of delay, Cydian will use its commercially reasonable best efforts to complete the registration as quickly as practicable.

Domain renewal orders, if paid, are processed immediately. However, if renewed at or after expiration, significant renewal delays can occur. Once a domain has passed the expiration date, it requires manual processing by the registrar to renew the domain. Accordingly, renewals (and reactivation of the listing of the domain) can be delayed for several days. Cydian is not responsible for any delays or losses attributed to any delays, loss of services or loss of domain for domains renewed within the final 30 days prior to expiration or thereafter. In the event of the loss of the domain, Cydian's liability shall be limited to the refund of the renewal fees paid for the domain that was not renewed.

Hosting orders, if paid, are processed within 24 hours during normal business hours (Monday through Friday, 9am to 5:30pm EST). Because these require manual review and configuration, they are not necessarily immediately processed. Further, when ordered with a new domain registration, it will not be available for use for 24-48 hours after the initial registration because of the requirement that the name be published by the registry to the world before anyone would even be able to access the domain.

14. Cancellation of Domain Names or PreRegistrations Domain names and preregistration of domain names cannot be cancelled. Further, the spelling of domain names and preregistrations cannot be modified once submitted on our order forms. If you no longer want to keep a domain name, you may let it expire when the time for renewal arrives; however, the name cannot be cancelled prior to that time.

15. Governing Law and Forum This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of New York, as if the Agreement was a contract wholly entered into and wholly performed within the State of New York. Any action to enforce this Agreement or any matter relating to your use of this or any Cydian site, brought by either party, shall be brought exclusively in the United States District Court for the Eastern District of New York or in the state courts of Suffolk County, New York.

16. Modifications to Agreement During the term of this Agreement, you agree that Cydian may revise, amend or modify the terms and conditions of this Agreement, including the Dispute Policy. Any such change will be binding and effective immediately on the date on which the revised Agreement is posted on our web site, or on which notification of such changes is sent to you by e-mail or United States mail, as applicable. You agree to review Cydian's web site periodically to keep track of any such changes to the Agreement. Such changes will remain binding on you until such time as Cydian is no longer the registrar of your domain name. If any such change constitutes a materially adverse change to you, you may change the term of this Agreement. Except as otherwise expressly provided above, no provision of this Agreement, including the Dispute Policy, may be amended or modified by you except by means of a written document signed by Cydian.

17. General This Agreement, including without limitation the fee schedule and the Dispute Policy, together with all amendments or modifications to any of them, constitutes the complete and exclusive agreement between you and Cydian, and supersedes and governs all prior proposals, agreements, or other communications. If your domain name is parked on Cydian's servers but not in active use, you agree that Cydian may point such domain name to an under construction or registered or reserved style page designated by Cydian until you request otherwise. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Cydian to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Cydian of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Cydian will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Cydian as reflected in the original provision. All provisions of sections 2 through 13 of this Agreement shall survive the termination or other expiration of this Agreement.

Acceptable Use Policy

As an Internet Presence Provider ("IPP"), we offer our subscribers the means to acquire and disseminate a variety of public, private, commercial and non-commercial information on and across the Internet. We also want our subscribers to be fully informed of their rights and obligations -- and ours -- in connection with their use of the Internet. This Acceptable User Policy, which supplements any terms of a "Service Agreement" with us, is intended as a plain English guide to those rights and obligations.

A basic premise of the Internet is that no one entity owns or controls it. This is both a the risk and reward of being on the Internet. You must evaluate the information you see on the Internet and use your best judgment to and act responsibly. We cannot control the information that you see on the Internet, so be sure to exercise your best judgment in relying on information obtained from the Internet. Some material on the Internet is sexually explicit or otherwise offensive. Because we cannot monitor and censor the Internet, and will not attempt to do so, we cannot accept any responsibility for injury to our subscribers or the public that results from inaccurate, unsuitable or offensive Internet communications.

As a user of the Internet, you must abide by the laws that exist in the "physical world". Tort, criminal and contractual liability can arise from your activities on the Internet. There is no reduction of your responsibility simply because the activities occur on the Internet.

Customers may only use our services for lawful purposes.
We reserve the right to immediately discontinue any service to customers without liability, refund, or continuance of any prepaid service fees in the event of unacceptable use. The following are unacceptable uses which shall be cause for the immediate termination of web services without notice to the customer:

Illegal Activity
Any illegal activities shall result in immediate discontinuance of services. These activities include, but are not limited to: unauthorized distribution or copying copyrighted software; violation of US export restrictions; child pornography; trafficking in obscene material; drug dealing; harassment; fraud and other illegal activities. We reserve the right to report such illegal activities to any and all-regulatory, administrative and/or governmental authorities for appropriate prosecution.

Spamming
Sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user, or sending tremendous numbers of emails to generate responses for spamming purposes.
Also prohibite is the practice of spamming by third parties to promote a web site hosted by us, using a non-existing email return address on a commercial solicitation, subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of or to inappropriate newsgroups are in violation of our AUP and of certain State laws.

This applies whether you use our servers or a colocated server. Spamming is particularly harmful not only because of its negative impact on consumer attitudes toward us, but also because it can overload our equipment and disrupt service to our subscribers.

In addition to termination of service, our will charge Five Dollars ($5.00) per email recipient for any such activity.

List Services
List services are not included in your hosting package. Each email account may send no more than 200 emails per day. This is a soft limit and your account will not be immediately deactivated for sending more. However, we reserve the right to cancel if outgoing mail usage becomes excessive, over these levels.

If your mail volume includes sending to lists of people such that your mail volume exceeds 200 messages per day, you agree to pay us the market rate for the high volume mail services.

Our current pricing for list volume mailings are:

$200 for up to 40,000 messages in a month
$500 for up to 100,000 messages in a month
$2500 for up to 500,000 messages in a month
For larger volume plans, please contact our sales department

Note that while additional fees are charged and list mailing is permitted, SPAMMING is not. Each and every recipient MUST be an opt-in member to your list or the account will be suspended and the administrative charges of $5 per piece of email, as opposed to the Opt-In List Rate, will apply.

Mail-bombing
Sending multiple messages without significant new content to the same user

Bandwidth Limitations
Each web hosting account is allocated a certain amount of bandwidth usage per month. Accounts exceeding their allocation shall be charged an additional $10 per GB for bandwidth used, rounded up to the nearest GB. Cydian reserves the right to terminate any hosting account without notice which uses excessive bandwidth or places excessive burdens on the server CPU.

Web Site Contents
Posting information, violating trademarks, copyrights or other intellectual property rights or intentionally inflicting emotional distress, posting of private, defamatory, scandalous, or information about a person without their consent violates our AUP. In all instances, Our reserves the right to determine what defines the term 'Net abuse'.

Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive Activities
Distribution of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability under federal and state law.

Copyright Violation
Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer. Acts of copyright violation will result in termination of services.

Misuse of system resources
Service will be terminated for misuse of system resources. Misuses include attempting without authorization to enter into a secured computer system; hacking or otherwise altering of a site owned and operated by another person; attempting to modify, transfer or terminate the domain registration of another without authority; attempting to disable any service on any server. We reserves the right to report such illegal activities to any and all-regulatory, administrative and/or governmental authorities for appropriate prosecution.

Modification of Acceptable Use Policy
We reserve the right to modify or otherwise amend this AUP without prior notice or warning.

Notification of Alleged Violations
All complaints about alleged violations of this AUP should be forwarded to abuse@cydian.com. These complaints will be investigated fully.

Avoiding Offending Acts is the Responsibility of the Customer
The responsibility for avoiding the harmful activities just described rests primarily with the subscriber. We will not, as an ordinary practice, monitor the communications of our subscribers to ensure that they comply with our policy or applicable law. When we become aware of harmful communications, however, we may take any of a variety of actions. We may remove information that violates our policies, implement screening software designed to block offending transmissions, or take any other action we deem appropriate, including termination of a subscriber's contract with us.

We also are aware that many of our subscribers are, themselves, providers of Internet services, and that information reaching our facilities from those subscribers may have been originated by customers of those subscribers or other third parties. We do not require our subscribers who offer Internet services to monitor or censor transmissions created by customers of its subscribers. At the same time, subscribers who knowingly transmit materials that violate law or our policy are, themselves, in violation of our policy. Similarly, we anticipate that subscribers who offer Internet services will cooperate with us in any corrective action that we deem necessary, in order to correct and prevent the transmission of material that is harmful to us or our subscribers. Failure to cooperate with such corrective and preventive measures is a violation of our policy.

We can not take any responsibility for the security of communications transmitted over our facilities. We will comply fully, however, with all applicable laws concerning the privacy of our subscribers' on-line communications. In particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our subscribers unless required to do so by law. We may, however, monitor our service electronically to determine that our facilities are operating satisfactorily. Also, we may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, we may disclose information transmitted over our facilities where necessary to protect us and our subscribers from harm, or where such disclosure is necessary to the proper operation of the system.

We expect that our subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate our policy. Finally, we wish to emphasize that in entering a service plan, subscribers agree to indemnify us for any violation of the subscriber of the Services Agreement, or of law or our Acceptable User Policy, that results in loss to us or the bringing of any claim against us. This means that if we are sued because of activities of the subscriber that violate any law, the Services Agreement or this policy (which is part of the Services Agreement), the subscriber will pay any damages awarded against us, plus costs and reasonable attorneys' fees.

> Domain Registrations
We endeavour to process all domain name applications as quickly as possible. However, we cannot guarantee that any domain name applied for will actually be available or registered to you. In the event that you apply for a domain name that is registered to a third party, or for a domain name for which you have submitted an application to another registration company, our total liability to you shall be limited to processing another domain name application on your behalf.

Limitation of Liability

We are not responsible for the content of any client's site. The client is solely responsible for their content and agrees to indemnify us, including all legal fees incurred, in connection with any action arising from our services.

We make every effort to maintain 100% uptime on our network. However, no company can guarantee that service will be completely uninterrupted. In the event of interruption of services, our liability to you is strictly limited to the price paid to us for that billing month, prorated based on the duration of the service outage.

DISCLAIMER OF WARRANTY
OUR WEB HOSTING, MARKETING AND DOMAIN NAME PRODUCTS AND SERVICES SOLD OR RENDERED OR DELIVERED ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. WE MAKE NO REPRESENTATION OR GUARANTEE THAT YOU WILL RECEIVE ANY DOMAIN NAME THAT YOU APPLY FOR. IN THE EVENT THAT YOU DO NOT RECEIVE A DOMAIN NAME YOU APPLY FOR, OUR TOTAL LIABILITY TO YOU IS STRICTLY LIMITED TO THE PRICE PAID TO US FOR THAT DOMAIN NAME REGISTRATION.

LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA), WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT OR INDEMNITY, ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SERVICES, EVEN IF WE ARE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT ANY PART OF THIS SECTION SHALL BE HELD UNENFORCEABLE OR INVALID UNDER THE LAWS OF AN APPLICABLE JURISDICTION, THE REMAINING PARTS HEREOF SHALL NEVERTHELESS CONTINUE TO BE VALID AND ENFORCEABLE AS THOUGH THE OFFENDING PORTIONS HAD NOT BEEN A PART HEREOF. IN ADDITION, IF THE LIMITATIONS ON WARRANTY OR LIABILITY THEREUNDER ARE HELD TO BE UNENFORCEABLE UNDER THE LAWS OF AN APPLICABLE JURISDICTION, SUCH LIMITATION SHALL, FOR PURPOSES OF THIS SECTION, BE REDUCED SUCH THAT OUR LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY THE CLAIMANT TO US WITHIN THE BILLING CYCLE IN WHICH ANY CLAIM IS ORIGINALLY MADE, OR SHALL BE REDUCED TO THE EXTENT NECESSARY TO RENDER THEM ENFORCEABLE.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE PROGRAM EXCEED THE TOTAL FEES PAID TO US UNDER THIS AGREEMENT.

INDEMNIFICATION
IN THE EVENT THAT YOUR USE OF ANY OF OUR SERVICE OR PRODUCTS GIVES RISE TO A CAUSE OF ACTION BY ANY THIRD PARTY UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, TRADEMARK VIOLATION, YOU AGREE TO DEFEND AND INDEMNIFY US AGAINST ANY AND ALL LIABILITY AT YOUR SOLE EXPENSE, AND THAT IF WE CHOOSE TO DEFEND OURSELVES IN ANY SUCH ACTION, YOU SHALL PAY ALL OF OUR LEGAL FEES INCURRED WITH SUCH DEFENSE.