1. Terms of Service

This Service Agreement (“Agreement”) applies to the purchase of any and all Services (“Services”) from TheNth.com, LLC (“Provider”), except if the Customer (“Client”) is ordering services which require Client to sign agreements specific to those services.

1.2 Acceptable Use

Client shall at all times adhere to Provider’s Acceptable Use Policy Agreement (“AUP”) located at http://www.thenth.com, as amended from time to time by Provider effective upon posting of the revised policy. Client agrees to use the Services in a manner consistent with any and all applicable laws. Client agrees to follow the AUP of any network accessed pursuant to this Agreement. In the event corrective active is taken due to a violation of the AUP, Provider shall not refund to Client any fees paid in advance of such corrective action.

1.3 Term

This Agreement shall be for the term specified by Client on the Order Form (“Initial Term”). The Initial Term and all month to month extensions thereof are collectively the Term (“Term”) of this Agreement.

1.4 Responsibilities

Client is responsible for use and confidentiality of Client’s account information. Provider will suspend access or change access to Client's account(s) within a reasonable time upon written notification by Client that his/her password(s) or information has been lost, stolen, or otherwise compromised.

1.5 Payment

During the term of this Agreement, Client shall pay the fees for the Services that are set forth on the Order Form. Such fees may include taxes, fees or assessments by governmental agencies and Provider shall have the right, at any time, to invoice to Client any new or increased taxes, fees, assessments or other charges imposed on or required to be collected by Provider. Invoices are due and payable upon receipt. All payments shall be made in U.S. currency. Use of Provider's Services shall constitute acceptance of Agreement and the rates, prices, and storage charges.

Client's access to service may be suspended at Provider's sole discretion if Client exceeds his/her service limits or account becomes delinquent unless prior arrangements have been made. This review and approval shall be in Provider's sole and absolute discretion. Provider shall have the right to require a change in the method of the Client's payment of fees hereunder throughout the term of this Agreement. Client is responsible for charges at the time the service is used and Provider may apply the amount due to Client's credit card (if then the applicable form of payment) at any time for services due. Provider reserves the right, in its sole and absolute discretion, to suspend access to service for Client's account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges, or returned or bad checks. The Client grants to Provider the broadest possible lien rights available in all domain names of the Client which it utilizes in conjunction with the Internet Site Services provided for under this Agreement. In the event that the Client shall be delinquent in the payment of any amounts due hereunder, Provider shall have the right to unilaterally terminate this Agreement and cease all such domain names as collateral until the entire amounts due, including costs of collection, are received in full by Provider.

Client will pay a late payment charge equal to 1.5% (or the highest amount permitted by law, whichever Is lower) per month or portion thereof on the outstanding balance of any invoice remaining unpaid thirty (30) days after the date upon which payment is due.

1.6 Continuation of Services after Initial Term

The fees set forth in the Order Form are applicable during the Initial Term of this Agreement. If Client continues to receive the Services after the Initial Term without entering into a new agreement or agreement extension, the fees charged after the Initial Term shall be at the then standard Provider rates for such services, without discount, determined month to month.

1.7 Cancellation

Client may terminate this Agreement by giving Provider at least thirty (30) days prior written notice. However, Client remains obligated to pay all amounts remaining in the Initial Term, and if Provider has purchased equipment on behalf of Client, including but not limited to servers, switches, and ups equipment, at Provider’s sole discretion, Client shall assume responsibility for payments for such equipment, until paid in full.

In order to terminate early, Client’s primary contact person on the account should notify Provider of such request to do so. In the case of credit card orders, all termination requests should be signed by Client’s primary contact person on the account who must provide the last four digits of the credit card on file with Provider. However, Provider shall not be liable for unauthorized termination of an account. Any termination by Provider or Client shall not relieve Client of any obligations to pay fees accrued prior to such termination.

1.8 IP Address Ownership

Provider shall maintain and control ownership of all IP numbers and addresses that may be assigned to Client and Provider reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

1.9 Bandwidth and/or Disk Usage

Client agrees that bandwidth and/or disk usage shall not exceed the number of megabytes per month for the Services ordered by Client on the Order Form. Provider shall monitor Client’s usage. If bandwidth or disk usage exceeds the agreed upon number of megabytes per month, Provider, in its sole discretion, may assess additional standard charges, disconnect or discontinue any and all Services, or terminate this Agreement. In the event that Provider elects to take such action, Client shall not be entitled to a refund of any fees paid in advance of such corrective action.

1.10 Disclaimer of Warranty

The Services are provided on an “as is, as available” basis. No warranties, expressed or implied, are made with respect to the Services, information or software therein. Provider shall in no way be liable for any monetary, incidental or consequential damages to Client including, but not limited to, losses of income due to disruption of service by Provider, or its Services. Under no circumstance shall Provider be liable to Client for Services for the period during which such damages occurred. Provider is not liable for the content or loss of any data transferred either to or from Client or stored by Client or any of Client’s clientele via Provider’s Services.

1.11 Limitation of Liability

Provider is not liable for, does not review, edit, censor, or take responsibility for any information its Clients may create. Provider reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill. In no event will Providers liability for any damages, losses or causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by Client for the Services which gave rise to such damages, losses and causes of actions during the thirty (30) day period prior to the date the damage or loss occurred or the cause of action arose.

1.11 Indemnification

Client will indemnify, save harmless, and defend Provider and all managers, members, directors, officers, employees, and agents of Provider (collectively "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys’ fees) arising out of or relating to the use of the Services by Client, including any violation of the AUP.

1.12 Force Majeure

Provider shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, but not limited to, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.

1.13 Network Modification

Provider reserves the right to modify its network and facilities used to provide the Services. Provider shall use reasonable efforts to notify Client of any planned changes to Providers network or facilities that may adversely affect the Services provided hereunder.

2. Miscellaneous

2.1 Agreement Validity

In the event that this Agreement is in part found invalid by a court of competent jurisdiction, the remaining portions of this Agreement shall continue to be in full force and effect. This agreement shall represent the complete understanding of the parties hereto relating to the subject matter herein. Non­enforcement of any section of this Agreement by either party does not constitute a waiver or consent and both parties reserve the right to enforce this Agreement at their discretion. If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, Client's and Provider's agreement on all other paragraphs shall remain valid.

The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of Nevada.

2.2 Amendment or Waiver

Except for the Acceptable Use Policy Agreement or as otherwise provided herein, this Agreement may not be amended except upon the written consent of Client and Provider. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.

2.3 Assignability

The rights and benefits described in this Agreement are non-transferable. Use of the rights and benefits described in this Agreement is expressly limited to Client. Client may not assign this Agreement without the prior written consent of Provider.

2.4 Acceptance of Services

Acceptance of this agreement by Provider is in the absolute discretion of Provider. Activation of service shall indicate Provider’s acceptance of this agreement. Use of Provider’s Services constitutes acceptance of this agreement by Client. By signing this Agreement, Client warrants that signer has full authority to enter into the terms of this Agreement. If Client's representations concerning this article are fraudulent, then Provider has the right to immediately terminate all services and collect any damages caused as a result of the misrepresentation or warranty.