PLEASE READ THIS AGREEMENT AND POLICY CAREFULLY BEFORE USING ANY OF THE SERVICES DESCRIBED BELOW. BY USING THE SERVICES YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND POLICY AND THAT YOU AGREE TO BE BOUND BY THEIR TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND POLICY, PROMPTLY EXIT THIS PAGE WITHOUT ACCESSING OR USING ANY OF THE SERVICES.

CLICKHERE2 NETWORK STREAMING AGREEMENT

1. The Service: ClickHere2 Network's Web Hosting Service (the "Service") provides the Internet services for you to host and stream audio and video content. The specific features of the Service depend on the level of Service you select. You are responsible for providing and maintaining all computer equipment and software and telecommunications services necessary to access the Service. As provided in Section 6, ClickHere2 Network currently intends to make the Service available 24 hours per day, seven days per week, but ClickHere2 Network may in its discretion and without notice limit the availability of the Service for maintenance or other necessary activities. ClickHere2 Network makes no representation or warranty that the Service will be uninterrupted. Subject to the terms of this Agreement, you are granted a non-exclusive license to use the Service to develop your web site. Nothing in this Agreement grants or transfers to you any ownership rights in the service, including the software and other intellectual property rights related thereto.

2. Payment: For access to and use of the Service, you agree to pay the amounts set forth in the Fee Schedule that is posted online at www.ClickHere2.com for the level of Service you select. The Basic Subscription Fee will be charged whether you use the Service or not. You are responsible for any taxes, including personal property taxes or sales taxes, resulting from your use of the Service. All past due amounts will bear interest at the rate of 1% per month or the maximum amount permissible by law until paid in full. You agree to pay all attorney and collection fees arising from efforts to collect any past due amounts from you. Should payment is more than 30 days overdue, ClickHere2 Network reserves the rights to suspend the Service till full payment is made. You are still responsible for the Subscription Fee while the Service is suspended,

3. 30 Day Money Back Guarantee: Each of ClickHere2 Network package carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration; and overage fees.

4. Customer's Responsibilities: You agree to comply with the Acceptable Use Policy attached to this Agreement and all applicable laws and regulations, including, but not limited to, those related to pornography, obscenity, copyright, trademark, other intellectual property rights, data privacy, international communications, import and export regulations and tax laws and regulations. Otherwise, you are solely responsible for any content contained on your Web site. You may not resell, re-market, or otherwise redistribute the Service or any portion thereof or offer services to others for the creation of Web sites using the Service without written permission of ClickHere2 Network. You agree to notify ClickHere2 Network promptly if you suspect unauthorized use of your ClickHere2 Network account. Until you notify ClickHere2 Network, you remain solely responsible for such unauthorized use and any damages that may result there from. You further agree to notify ClickHere2 Network immediately in the event you become subject to any lawful order or process that would prohibit or limit your use of the Service.

5. Termination: This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. The Client agrees that upon termination of this Agreement, the Client will pay any and all outstanding fees, charges and payments due to ClickHere2 in full within 30 days after termination. If your account comes with a free domain name, you are liable for the last year of domain name fee based on the prevailing rate as published on ClickHere2's web site. ClickHere2 Network may at any time and without advance notice modify or restrict your use of the Service if ClickHere2 Network determines in its sole discretion that your use of the Service violates the Acceptable Use Policy, any laws or regulations, any intellectual property rights of ClickHere2 Network or a third party, or any export or import regulations, is disruptive or causes a malfunction of the Service. If you do not correct the violation within ten days thereafter, ClickHere2 Network may terminate this Agreement. ClickHere2 Network may terminate this Agreement on ten days notice for any other breach of this Agreement if you fail to cure the breach within the ten-day period. ClickHere2 Network may otherwise terminate this Agreement for any reason or no reason on thirty days notice and refund to you any prepaid fees.

6. Refund Policy: Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days.

7. Credit Card Disputes/Chargebacks: ClickHere2 Network has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at ClickHere2 Network discretion. A charge of S$30.00 per chargeback will be assessed to all accounts that receive a chargeback.

8. Rights and Duties Upon Termination: Upon termination of this Agreement, all rights to the Service terminate immediately. You remain liable for the full monthly charge for the month during which your Service is suspended or terminated and for any usage-based fees. If this Agreement is terminated by ClickHere2 Network, you agree not to re-register for or otherwise access the Service without ClickHere2 Network's prior written approval. ClickHere2 Network may delete any data files associated with your use of the Service upon termination of this Agreement.

9. Web Site Availability: Your Web site will be accessible to third parties via the World Wide Web portion of the Internet twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required repairs, and except for any loss or interruption of hosting services due to causes beyond the control of ClickHere2 Network or which are not reasonably foreseeable by ClickHere2 Network, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures.

10. Disclaimer of Warranties: THE SERVICE IS PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. CLICKHERE2 NETWORK EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT. CLICKHERE2 NETWORK DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. CLICKHERE2 NETWORK DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CLICKHERE2 NETWORK OR CLICKHERE2 NETWORK'S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SERVICE. YOU SHOULD NOT USE THE SERVICE IN HIGH-RISK ACTIVITIES WHERE SUBSTANTIAL DAMAGE COULD RESULT IF AN ERROR OCCURRED. CLICKHERE2 NETWORK DOES NOT WARRANT OR REPRESENT THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OF OR IMPROPER ACCESS TO YOUR DATA. ClickHere2 Network IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.

11. Limitation of Liability: IN NO EVENT SHALL CLICKHERE2 NETWORK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS AGREEMENT OR THE SERVICES, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF CLICKHERE2 NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF CLICKHERE2 NETWORK TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO CLICKHERE2 NETWORK IN THE THREE MONTHS PRIOR TO THE EVENT CAUSING LIABILITY.

12. Exclusive Remedy. Your sole right and exclusive remedy for breach of this Agreement by ClickHere2 Network if you are dissatisfied for any reason with the Service is to terminate this Agreement as provided herein.

13. Indemnity: You shall indemnify and hold ClickHere2 Network harmless against any and all liabilities, losses, damages, judgments, claims, causes of action, and costs (including attorneys fees and disbursements) which ClickHere2 Network may hereafter incur, suffer, or be required to pay, defend, settle (subject to any limitations set forth in this Agreement), or satisfy as a result of your use of the Service, including the content of your Web site or any information contained therein. To qualify for such defense and payment, ClickHere2 Network must: (i) provide you with prompt written notice of a potential third party claim; and (ii) allow you to control, and fully cooperate with you in, the defense and all related negotiations. 11. Choice of Law and Venue: This Agreement and Acceptable Use Policy shall be governed by the law of Singapore. You agree that all actions or proceedings arising in connection with this Agreement or Acceptable Use Policy shall be tried and litigated exclusively in the state or federal (if permitted by law and a party elects to file an action in federal court) courts located in Singapore. This choice of venue is intended by the parties to be mandatory and not permissive in nature, and to preclude the possibility of litigation between the parties with respect to, or arising out of, this Agreement or Acceptable Use Policy in any jurisdiction other than that specified in this Section. Each party waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this Section.

14. Arbitration. Except as provided below, any controversy or claim arising out of or relating to this Agreement or Acceptable Use Policy, including, without limitation, the interpretation or breach thereof, shall be submitted to a panel of three (3) arbitrators in Singapore. Such panel shall include only those persons with experience in the areas of information technology and software. Each party shall choose one (1) arbitrator, and the third arbitrator shall be chosen by the two (2) arbitrators selected by the parties. The award of the arbitrators shall be made in writing, with findings of fact and conclusions of law. The written decision shall be final, binding, and convertible to a court judgment in any appropriate jurisdiction. Notwithstanding the foregoing, this Section shall not preclude either party from seeking temporary, provisional, or injunctive relief from any court. In any action/arbitration brought under this Agreement, the prevailing party shall be entitled to recover its actual costs and attorneys' fees and all other litigation costs, including expert witness fees, and all actual attorneys' fees and costs incurred in connection with the enforcement of a judgment arising from any action or proceeding.

15. Modifications. ClickHere2 Network may revise in its sole discretion this Agreement and Acceptable Use Policy, without prior notice. Any such changes shall be posted by ClickHere2 Network on its Web site (www.ClickHere2.com). You shall be responsible for periodically reviewing the online ClickHere2 Network Hosting Agreement and Acceptable Use Policy to apprise yourself of any changes thereto.

16. General Terms: Except as provided in this Agreement, any changes to this Agreement must be in writing and signed by ClickHere2 Network and you. Your rights and obligations under this Agreement may not be assigned or transferred without written permission of ClickHere2 Network. If any provision of this Agreement is determined to be invalid, all other provisions will remain in force. Notice or other communication between you and ClickHere2 Network may be given by conventional first-class mail or by e-mail. An electronic communication appearing to be from the e-mail address you supply to ClickHere2 Network establishes you as its originator and has the same effect as a document with your written signature on it.

1.2 Net Abuse:

- Spamming or sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user
- Trolling or posting outrageous messages to generate numerous responses
- Mail-bombing or sending multiple messages without significant new content to the same user;
- Spamming by third parties to promote a web site hosted by Clickhere2 Network, 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.

1.3 Commercial Advertising - Email:

Spamming, or the sending of unsolicited email, from a ClickHere2 Network server or using an email address or domain that is maintained on a Clickhere2 Network machine as reference is STRICTLY prohibited. ClickHere2 Network will be the sole arbiter as to what constitutes a violation of this provision.

1.4 Misuse of System Resources:

Any attempt to undermine or cause harm to a server, or customer, of ClickHere2 Network is strictly prohibited. This includes, but is not limited to: using programs that consume excessive CPU time; allowing the use of mail services, mail forwarding capabilities, or autoresponders other than for the customer's own account; resale of disk space without an appropriate reseller agreement; use of servers for backup of files unrelated to the web site of the account; or resale or remote access to CGI scripts installed on our servers. No IRC related software is permitted on our servers. This includes servers, bots, bouncers, or any other software that is used for the purpose of creating, maintaining, or providing access to IRC servers or channels. Accounts that are found to have such software uploaded to their web space are subject to immediate suspension and/or termination without notice.

2. Violation of any user policy will be handled in the following manner:

- First Violation of any policy: User will be warned via email of violation, and required to cease such activity immediately.
- Second Violation of any policy (not limited to a repeat of the first violation): User's account access will be suspended. It is the user's responsibility to contact Smartnet for remedy. User's account will be reactivated at the discretion of ClickHere2 Network Management or System Administration staff. User is still responsible for account fees while account is suspended, as account suspension is NOT equivalent to cancellation.
- Third Violation of any policy (not limited to repeat of the first two violations): User's account will be terminated.

Exceptions:
- Violation of the "NO SPAMMING" rule will result in immediate account termination.
- Non-payment of account fees by due date will result in immediate suspension of account. User may reactivate account within 10 business days by arranging payment. User is still responsible for fees while account is suspended, as suspension is NOT equivalent to account cancellation.

3. ClickHere2 Network may revise in its sole discretion this Acceptable Use Policy, without prior notice. Any such changes shall be posted by ClickHere2 Network on its Web site (www.ClickHere2.com). You shall be responsible for periodically reviewing the online ClickHere2 Network Hosting Agreement and Acceptable Use Policy to apprise yourself of any changes thereto. You agree to be bound by all such changes.