Brady Consulting

This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by Brady Consulting (the "Services"). As used in this Agreement, "Brady Consulting" means Brady Consulting and "Client", "you", or "your" means you. By clicking on the "Submit Order" button, you acknowledge that you  have read the Agreement, and you agree to its terms and conditions and all policies posted on the Brady Consulting site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Brady Consulting Site" refers to the Site located at the URL http://www.bradyconsult.com , or any other successor Sites owned or maintained by Brady Consulting.

You must accept the terms of this Agreement in order to use the Services.

NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.

Brady Consulting Hosting reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the Brady Consulting Hosting Web site (the "Site"). Your continued use of Services following Brady Consulting Hosting's posting of any changes or modifications will constitute your acceptance of such changes or modifications.

1. APPROPRIATE USE OF SERVICES

Brady Consulting provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.

Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Brady Consulting server in connection with Client's use of the Services which:

• violate any state, federal or foreign laws or regulations;
• infringe on any intellectual property rights (e.g.,  copyright, trademark, patent or other proprietary rights) of Brady Consulting or any third party;
• are defamatory, slanderous or trade libelous;
• are threatening or harassing;
• are discriminatory based on gender, race, age or promotes hate
• violate any Brady Consulting policy posted on the Ventures Online Site including, but not limited to, our Acceptable Use Policy (includes Adult Content Policy), UCE (SPAM) Policy, and CGI Abuse Policy.
• contain viruses or other computer programming defects  which result in damage to Brady Consulting or any third party.

Bandwidth. Client may occupy only the amount of disk space on the Brady Consulting Server and utilize no more than the network bandwidth that is allotted by Brady Consulting. Additional fees, specified in the Virtual Host plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.

No "Spam". Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at Brady Consulting, or otherwise, that mentions or  reference any domain hosted on Brady Consulting servers or parked on Brady Consulting DNS servers. (Refer to our UCE (SPAM) Policy).

Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
Back-Up Files. Client will have the ability to reinstate files which are automatically archived by Brady Consulting; however, Brady Consulting does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Backup capability is available through the Client's Control Panel.
Termination. Brady Consulting reserves the right to refuse service to anyone. Brady Consulting, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact abuse@bradyconsult.com.

2. PAYMENT OBLIGATIONS

Term. This Agreement shall be for an "Initial Term" of one (1) year. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term unless you provide Brady Consulting Hosting with notice of termination thirty (30) days prior to the end of the Initial Term or the Renewal Term.

Service Fees. Brady Consulting shall either (i) debit Client's credit card (where such information is provided by Client) or (ii) deliver by e-mail or regular mail an invoice to Client in accordance with the applicable Services fees for services rendered. Where an invoice is delivered to Client, Client shall remit payment to Brady Consulting by no later than the specified payment due date. Brady Consulting shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to Brady Consulting. Certain services carry a set-up fee charged by Brady Consulting to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to Brady Consulting and agrees to pay any and all fees incurred by Client. If the Services are provided on a monthly basis, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid Brady Consulting for such Services, Client will not be refunded for the remainder of the pre-paid term unless the refund request is made in the first 30 days of the one (1) year term. If requested in the first 30 days, Client will be entitled to a refund for the months remaining in the term period. All refund requests must be made in writing and sent to Brady Consulting as stipulated in Section 8 of this agreement. Brady Consulting will not refund any Client after the initial 30 day period.

Domain Names. If Client chooses to register a domain name(s) through Brady Consulting, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. Brady Consulting does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.

3. CLIENT LIABILITY AND INDEMNIFICATION

The parties agree that in no event shall Brady Consulting be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Brady Consulting from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth  hereunder.

4. TERM, TERMINATION & REINSTATEMENT

Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month or annual basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must follow instructions for cancellation provided in Section 2 of this agreement. Note that Client is subject to restrictions outlined in Section 2 of this agreement in regard to refunds.  Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void except as outlined in Section 8. Sections 3 - 8 shall survive termination or expiration of this Agreement.

If Client terminates its account, Client shall be allowed to re-instate Client's use of the Services within Seven (7) business days of cancellation. Client shall pay a fee of Fifty Dollars ($50) prior to any re-instatement of Client's account. Once payment has been received, Client's account will be activated within Forty-Eight (48) business hours. Brady Consulting will maintain an archival copy of Client's Web site for Seven (7)  days after Brady Consulting receives notice of cancellation. Thereafter, Client will need to place a new order if it wishes to subscribe to the Services.

If Client account is terminated by Brady Consulting for violation of hosting terms, or violation of the Brady Consulting Acceptable Use Policy, then client account may not be reinstated at the discretion of Brady Consulting, and any refund for remaining hosting term are waived.

5. TAXES

Client will pay and indemnify and hold Brady Consulting  harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or  withholding thereof.

6. DISCLAIMER OF WARRANTY

THE SERVICES, THE BRADY CONSULTING SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE BRADY CONSULTING SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND  WITHOUT WARRANTY OF ANY KIND. Brady Consulting DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Brady Consulting SPECIFICALLY DISCLAIMS ANY  WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL BRADY CONSULTING BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE Brady Consulting SITE OR ANY Brady Consulting PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL Brady Consulting'S CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN  FIVE HUNDRED DOLLARS ($500 US).

8. MISCELLANEOUS

Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested.

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Brady Consulting. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing  party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it's conflict of law rules. This Agreement and Brady Consulting's policies are subject to change by Brady Consulting without notice. Continued usage of the Services  after a change to this Agreement by Brady Consulting or after a new policy is implemented and posted on the Brady Consulting Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Brady Consulting Site for any changes or additions.