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 Just Lightning, a division of Thunder-Rain Internet Publishing, (the "Services"). As used in this Agreement, "JL" means Just Lightning, 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 JL Site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "JL Site" refers to the Site located at the URL: http://www.justlightning.net, or any other successor Sites owned or maintained by Just Lightning.

1. APPROPRIATE USE OF THE SERVICES.

   JL provides the Services exclusively through Thunder-Rain Internet Publishing Corp. and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.

   1. 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 other client's website or email address 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 Virtualis 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 JL policy posted on the JL Site including, but not limited to, our Adult Content Policy, UCE (SPAM) Policy, Copyright Policy, CGI Abuse Policy, and Privacy Policy.
      • contain viruses or other computer programming defects which result in damage to JL and Thunder-Rain or any third party.
      • slow down or greatly hamper system resources and/or security. Programs that are not allowed or are limited to restriction include the following:
        • Chat Rooms. We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as a account option.
        • IRC. We currently do not allow IRC or IRC bots to be operated on our servers.
        • Background Running Programs. We may allow programs to run continually in the background, these are considered on a one to one basis and a extra charge will be incurred based on system resources used and operational maintenance needed.
        • Cron Jobs. We do allow Cron Jobs to be conducted on our servers. You can setup and manage the cron jobs for your account from the "Cron" section of CPanel.
        • Shell Access. Shell access is provided on an as-needed basis. It does not come enabled on accounts by default. A request for this feature must be sent to support@justlightening.net before it can be utilized. The request must include a domain name, user name and explanation of why shell access is required. In addition, you must use SSH to transmit to the server. We reserve the right to refuse this service to any customer.

   2. Bandwidth. Client may occupy only the amount of disk space on the JL Server and utilize no more than the network bandwidth which is allotted by JL. Client may be charged a penalty for over-utilization of either disk space or network bandwidth.

   3. 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 JL, or otherwise, that mention or reference any domain hosted on the JL server or parked on JL DNS server.

   4. Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

   5. Back-Up Files. Client will have the ability to reinstate files which are automatically archived by JL; however, JL 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.

   6. Use By Minors. Just Lightning does not sell its products and services to minors under the age of 18. Just Lightning sells such products and services to adults, who can purchase with a credit card or can pay by check. Minors under the age of 18 may purchase such products and services of Just Lightning only with the involvement of a parent or guardian in the transaction.

   7. Use of JL Banners. Just Lightning provides free advertising banners to for clients that wish to market JL?s products and services through JL's Affiliate Program. Placement of JL advertising banners on web sites that do not comply with Section 1(a) of the JYT terms and conditions of use Services Agreement shall be forbidden. All participants of the Affiliate Program must agree with the terms and conditions of the Affiliate Program.

   8. Termination. Just Lightning, 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@justlightening.net.

2. PAYMENT OBLIGATIONS

   Service Fees. By the Seventh (7th) of each month, JL shall either (i) debit Client's checking account via bank draft (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 for the current month. Where an invoice is delivered to Client, Client shall remit payment to Just Lightning by no later than the specified payment due date. Just Lightning shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to Just Lightning. Certain services carry a set-up fee charged by Just Lightning 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 Just Lightning and agrees to pay any and all fees incurred by Client. Because 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 Virtualis for such Services, Client agrees that no refunds will be issued for any unused portion of the Services regardless of when Client cancels the Services. Therefore, if Client's account is cancelled at any point during the one (1) year term, Client will not be entitled to a pro-rated refund.

   Domain Names. If Client chooses to register a domain name(s) through Just Lightning, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. JL does not offer refunds for domain name registrations for any reason, including misspelling of the domain name. In addition, Client agrees to the terms contained in the Registration Agreement and understands and has read the Uniform Domain Name Dispute Resolution Policy.

   Currently, the fee is Fifteen Dollars ($15) to register one (1) domain name for a One (1) year period to Ten (10) year period per year. This fee is subject to change without notice to Client.

   From time to time, Just Lightning may run special pricing on initial (new) domain name registration prices. When this occurs, when a domain name is up for renewal, Client will be billed renewal fees at the normal rate in place at renewal time based on the number of years Client chooses to renew the domain.

3. CLIENT LIABILITY AND INDEMNIFICATION

   The parties agree that in no event shall Just Lightning 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 Just Lightning and Thunder-Rain Internet Publishing 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 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 this Agreement is being terminated by Client, Client must follow instructions for cancellation provided on the Server Cancellation Information page. The essence of this page states that Client must contact the Just Lightning Customer Satisfaction department to receive a cancellation number, which Client shall retain as proof of termination, and all cancellation requests must be received by the Twenty Fifth (25th) of the respective month of cancellation. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. 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. Just Lightning will maintain an archival copy of Client's Web site for Seven (7) days after Just Lightning receives notice of cancellation. Thereafter, Client will need to place a new order if it wishes to subscribe to the Services.

5. TAXES

   Client will pay and indemnify and hold Just Lightning 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 JUST LIGHTNING SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE JUST YOUR TYPE SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. JUST LIGHTNING 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, JUST LIGHTNING 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 JUST LIGHTNING BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE JUST LIGHTNING SITE OR ANY JUST LIGHTNING 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 JUST LIGHTNING'S CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).

8. MISCELLANEOUS

   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 Just Lightning. 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 and construed in accordance with the laws of State of Louisiana, U.S.A., regardless of its choice of law provisions. The state and federal courts located in East Baton Rouge Parish in the city of Baton Rouge, Louisiana, will have exclusive jurisdiction. This Agreement and Just Lightning's policies are subject to change by Just Lightning without notice. Continued usage of the Services after a change to this Agreement by Just Lightning or after a new policy is implemented and posted on the Just Lightning Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Just Lightning Site for any changes or additions.