1. SERVICES
All 1 Media Web Solutions, Inc. Services, including InteleCommerce™, and it’s related Services, unless otherwise specified, are provided as hosted on-demand service applications. With InteleCommerce™, 1 Media Web Solutions, Inc. will provide You with the ability to create, manage and maintain an online storefront provided, however, that You abide by the terms and conditions set forth herein and in each of 1 Media Web Solutions, Inc.'s policies and procedures.

InteleCommerce™ allows You to:
add, access, manage and maintain a catalog of products and/or services and present said catalog on the Internet through a compiled storefront rendered as a domain (web site) or sub-domain;
engage in the selling of physical and downloadable goods over the Internet;
arrange for the collection of payment related to applicable tax and shipping fees;
collect credit card and personal information for the purpose of conducting transactions;
perform order management and processing activities; and
generate business reports related to storefront business activity

Storefront Content. You shall be solely responsible for providing, updating, uploading and maintaining Your storefront and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your storefront, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Services.

Intellectual Property. Except as expressly stated elsewhere in this Agreement, this Agreement does not grant You any rights in InteleCommerce™ and or Services, and all rights are reserved by 1 Media Web Solutions, Inc. or its licensor . You agree that all 1 Media Web Solutions, Inc. Services such as InteleCommerce™ and related Services, the names and logos of 1 Media Web Solutions, Inc. and all related product and service names, design marks and slogans, software, and code, are the property of 1 Media Web Solutions, Inc.. 1 Media Web Solutions, Inc. cannot and will not transfer or FTP InteleCommerce™ to another hosting provider. Furthermore, you are not authorized to use any of them in any advertising, publicity, or other commercial venture without the prior written consent of 1 Media Web Solutions, Inc..

Your Web site Content is the text, images, and related customer and product information. Your Web site Content remain your property and if requested by You, 1 Media Web Solutions, Inc. can provide you a copy of your Content as an Excel or .CSV document while all images will be provided as a compressed document such as a .zip file.

If the content on your Web site was created by 1 Medi aWeb Solutions, Inc. for you as marketing services rendered, and you failed to compensate 1 Media Web Solutions, Inc. you agree that the content provided can taken off of your site and that the content will remain 1 Media Web Solutions, Inc sole ownership. 1 Media Web Solutions, Inc. will remain the sole copyright owner; and in this regard, you agree that 1 Media Web Solutions, Inc. will have full rights to reuse the content developed with out exception.

You are responsible for ensuring that Your web site conforms to all local, state, federal, and international laws. Further, You are responsible for securing permission to use any copyrighted, trademarked or otherwise legally protected images, text, or other web site elements that are not provided by 1 Media Web Solutions, Inc.. You affirmatively acknowledge 1 Media Web Solutions, Inc. is relying on Your representation concerning Your proper use of all content on any web site You create or control.

Assett Domains. From time to time 1 Media Web Solutions, Inc. may offer it's registered domains to you as a marketing resource. 1 Media will be the sole owner of the domain. You may rent or lease these domains on a monthly basis. You agree to pay the agreed amount on a monthly or annual basis. If you fail to make the monthly payments for more than three (3) payments then you agree that you have forfited your rights to use the domain indefinitely; and 1 Media Web Solutions, Inc. has the right to rent or lease the domain to another customer. You agree and understand that the new customer may be in a similar business as you. You agree to indemnify all 1 Media Web Solutions, Inc. customers completely from using the domains that you have forfeighted.

If you do not want to continue marketing by using a 1MWS Assett Domain, then 1MWS will remove it’s asset domain and replace your primary URL with your choice of your own domain as the primary domain. You will agree to provide at least 30 days for 1 Media to make this modification. Using a 1MWS domain does not mean in any way that 1 Media is the owner of the site. It simply means that you’re using one of 1MWS resources to help market your company. You will remain the sole owner of your online site. You will also maintain 100% liability for all businesses relating to your business with out exception. You will need to provide 1MWS in writing a request to stop your services. You will remain responsible for paying all outstanding balances. All remaining balances are due immediately upon cancellation of service.

SSL Certificates. Any SSL certificate You purchase from 1 Media Web Solutions, Inc. or its affiliates to use in conjunction with InteleCommerce™, is intended for its specific use as described in the Subscriber Agreement and will not be exported from the hosting server to be used with any other web hosting service. The SSL certificate on used on InteleCommerce™ will generate and securely store a corresponding private key. For security reasons, at no time will 1 Media Web Solutions, Inc. release Your private key. If You wish to export Your SSL certificate for use on a non 1 Media Web Solutions, Inc. hosting server, You will need to make a request to 1 Media Web Solutions, Inc. no earlier than thirty (30) days after Your initial SSL subscription began. After Your hosted on-demand InteleCommerce™ account with 1 Media Web Solutions, Inc. has been cancelled, You will have thirty (30) days to follow the 1 Media Web Solutions, Inc. Secure Certificate Registration Process and request a re-key of the SSL certificate, or Your SSL certificate will become invalid.

Availability of Services. Subject to the terms and conditions of this Agreement, 1 Media Web Solutions, Inc. shall attempt to provide InteleCommerce™ Services for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time, the InteleCommerce™ Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which 1 Media Web Solutions, Inc. may undertake from time to time; or (iii) causes beyond the control of 1 Media Web Solutions, Inc. or which are not reasonably foreseeable by 1 Media Web Solutions, Inc., including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that 1 Media Web Solutions, Inc. has no control over the availability of InteleCommerce™ Services on a continuous or uninterrupted basis.

Unlimited Product Catalog. In certain cases with Web sites with thousands of products, You agree that the performance of Your storefront may begin to slow at varying number of products depending on potential physical and practical constraints, including (but not limited to): system architecture, system capacity, system load, end-user internet connectivity and end-user computer configurations. You agree 1 Media Web Solutions, Inc. has no control over potential physical and practical constraints You may experience at an uncertain number of products in a category. In such cases 1 Media Web Solutions, Inc. may suggest to You or may provide alternate server solutions such as dedicated servers in order to further assist in providing service.

2. FEES
As consideration for the Services purchased by You and provided to You by 1 Media Web Solutions, Inc., You agree to pay 1 Media Web Solutions, Inc. a monthly or annual fee depending on the service and or product provided. A valid credit card on file is necessary to keep your account active. Your billing date will be the on the 15th of each month. Some products or services may have other billing cycles which will start on other calendar days. If You signed up for an annual payment plan, 1 Media Web Solutions, Inc. will automatically renew Your service when it comes up for renewal and will take payment from the Payment Method You have on file with 1 Media Web Solutions, Inc., at 1 Media Web Solutions, Inc.'s then current rates. Payments is to be made by You providing a valid credit card; and or an online check for charges by 1 Media Web Solutions, Inc. (collectively, the "Payment Method"). Your credit card on file is Your primary method of payment. Personal checks and money orders may only be used for payments of $1,000 or more, and issued in U.S. dollars for the full amount required at that time. All money orders will be delayed ten (10) days until the money is credited, which may delay Your usage of the product or service, and any money order that does not clear will result in a $25 processing fee. Personal checks under $1,000 are subject to the same processing fees as wire transfers. All personal checks will be delayed fourteen (14) days until the money is credited, which may delay Your usage of the product or service, and any check that bounces will result in a $25 bounced check fee.

Payment Plans
From time to time 1 Media Web Solutions, Inc will provide payment plans for services such as website design, marketing, or other related services. You agree to give1 Media Web Solutions, Inc. permission to charge your payment method on file to satisfy any and all outstading balances due in order to keep your account current and on-time. You also understand that if you do not respond to our attempts to contact you by phone, e-mail, and our support ticketing system, and therefore we cannot reach you to discuss your projects on hand (whether marketing, website design, or any other project) you understand that your outstanding bills will be considered late after 15 consecutive days, and or, 30 business days from the day of original invoice date for the service; therefore, 1 Media Web Solutions, Inc. will automatically charge the payment method on file to keep your account current and on time. In this situation, if the project or service is still incomplete, and or 1 Media Web Solutions, Inc. has finished partial work that can be done up to the last point of contact, 1MWS agrees to continue the project as agreed once you resume communication.

Late Payments
If 1 Media Web Solutions, Inc. has agreed to accept a payment by check and that check is late for more than 30 days and or it does not clear for payment, you agree that 1 Media Web Solutions, Inc. has the right to charge your credit card for file for any outstanding amounts due to 1 Media Web Solutions, Inc by You. If your monthly services bill is delingquent for more than 30 days a late payment of $5.00 may occrue every month until the your account is made current.

PAYMENTS ARE NON-REFUNDABLE. If for any reason 1 Media Web Solutions, Inc. is unable to charge Your Payment Method with the full amount of the Service provided, or if 1 Media Web Solutions, Inc. is charged a penalty for any fee it previously charged to Your Payment Method, You agree that 1 Media Web Solutions, Inc. may pursue all available remedies in order to obtain payment. In the event that You exceed the scope of the Services as set forth in Your Agreement, You shall pay 1 Media Web Solutions, Inc. for such additional service not within the scope of Your Agreement as specified. 1 Media Web Solutions, Inc. reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You may change Your Payment Method at any time by logging into Your Account Management page.

3. TERM, TERMINATION, MODIFICATIONS
Term. The term of this Agreement shall commence on the date You purchase the Services, and will continue in full force and effect as long as 1 Media Web Solutions, Inc. is providing the Services to You.
Termination. You agree that You will be responsible for notifying 1 Media Web Solutions, Inc. should You desire to terminate Your use of 1 Media Web Solutions, Inc. 's Services. Notification of Your intent to terminate must be provided to 1 Media Web Solutions, Inc. no earlier than ten (10) days prior to Your billing date but no later than three (3) days prior to Your billing date. In the absence of notification from You, 1 Media Web Solutions, Inc. will automatically continue providing access to the Services indefinitely and will charge the Payment Method You have on file with 1 Media Web Solutions, Inc., at 1 Media Web Solutions, Inc.'s then current rates. It is Your responsibility to keep Your Payment Method information current, including the expiration date of any credit cards You have on file. 1 Media Web Solutions, Inc. reserves the right, in its sole discretion and without notice, at any time and for any reason, to suspend Your access to or use of Services.
Modifications. You agree that 1 Media Web Solutions, Inc. may modify this Agreement from time to time. 1 Media Web Solutions, Inc. may also discontinue the Services it provides under this Agreement. You agree to be bound by any changes 1 Media Web Solutions, Inc. may reasonably make to this Agreement when such changes become effective.

4. YOUR OBLIGATIONS
By using the 1 Media Web Solutions, Inc., Services, You agree You are age 18 or over. 1 Media Web Solutions, Inc., Services is available only to persons who can make legally binding contracts under applicable law. You agree You have provided accurate, current and complete information in the application process and that You will notify 1 Media Web Solutions, Inc. within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by 1 Media Web Solutions, Inc. to determine the validity of information provided by You, will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if 1 Media Web Solutions, Inc. has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, 1 Media Web Solutions, Inc. has the absolute right, in its sole discretion, to terminate its Services and close Your account.

Privacy. You agree to be bound by 1 Media Web Solutions, Inc.'s Privacy Policy in its dealings with customers and others. Failure to comply with such Privacy Policy will be deemed a material breach of this Agreement. Product and Service Agreements. You agree to enter into any Third Party User Agreements necessary before You may use any of the Payment, Shipping, Tax Calculations or other options associated with the Services. You further agree to enter into any 1 Media Web Solutions, Inc. and affiliate User Agreements required for the customization and operation of Your InteleCommerce™, and including, but not limited to, agreements for domain registration, hosting, and products. Such Agreements may be found on 1 Media Web Solutions, Inc. ‘s web site.
End Customer Payment and Taxes. You understand You are responsible for collecting, and managing all end customer payments. Similarly, You are responsible for the payment of all applicable state, federal or international taxes on products You sell using the InteleCommerce™ and related Services. It is Your responsibility to read and agree to all third party and end user license Agreements required for use of Your selected Payment Methods and Tax options. 1 Media Web Solutions, Inc. is not responsible for the accuracy of information obtained through the Payment Method and Tax options. You are responsible for any additional taxes and duties imposed on the transaction. You may be subject to foreign tax obligations by selling to buyers. You are solely responsible for complying with all domestic and foreign tax, shipping, and export laws with respect to the sale of Your items to purchasers internationally.

Storage and Security. At all times, You shall bear full risk of loss and damage to Your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your web site content; (ii) in addition to 1 Media Web Solutions Inc. ‘s daily and or weekly account backups, you agree to maintain independent archival and backup copies of Your web site content; (iii) ensure the security, confidentiality and integrity of all Your web site content transmitted through or stored on 1 Media Web Solutions, Inc.'s servers; and (iv) ensure the confidentiality of Your password. 1 Media Web Solutions, Inc.'s servers, hosting services, and or on-demand software application services such as InteleCommerce™ are not an archive and 1 Media Web Solutions, Inc. shall have no liability to You or any other person for loss, damage or destruction of any of Your content. If Your password is lost, stolen or otherwise compromised, You shall promptly notify 1 Media Web Solutions, Inc., whereupon 1 Media Web Solutions, Inc. shall suspend access to Your web site by use of such password and issue a replacement password to You or Your authorized representative. 1 Media Web Solutions, Inc. will not be liable for any loss You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by 1 Media Web Solutions, Inc. or another party due to someone else using Your account or password.

Server Resources. While using 1 Media Web Solution’s InteleCommerce™ and or other hosted on-demand Services applications, You are responsible for ensuring that there is no excessive overloading on 1 Media Web Solutions, Inc.'s DNS or servers. You may not use 1 Media Web Solutions, Inc.'s servers and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and 1 Media Web Solutions, Inc. reserves the right to remove sites that contain information about hacking or links to such information. Use of Your web site as an anonymous gateway is prohibited. 1 Media Web Solutions, Inc. prohibits the use of software or scripts run on its servers that is not authorized by 1 Media Web Solutions, Inc.. You agree 1 Media Web Solutions, Inc. reserves the right to remove Your web site temporarily or permanently from its hosting servers if 1 Media Web Solutions, Inc. is the recipient of activities that threaten the stability of its network.
Sample Terms and Conditions. Sample Terms and Conditions are provided for reference purposes only. 1 Media Web Solutions, Inc. is not responsible for Your use of the sample terms and conditions -- You use them at Your own risk. The default terms and conditions provided through the InteleCommerce™ Terms and Conditions page can be used with the following disclaimer: The descriptions and suggestions are not legal, tax or financial advice. 1 Media Web Solutions, Inc. does not guarantee to the legality of any phrasing or provisions offered or derived from these descriptions and suggestions. You should consult with an attorney to ensure Your terms and conditions are sufficient to meet Your needs, appropriate for Your jurisdiction and are legally binding on Your customers.

5. 1 Media Web Solutions, Inc. 'S RIGHTS. 1 Media Web Solutions, Inc. explicitly reserves the right and sole discretion to:
modify its pricing through email notification; terminate Your Services for unsolicited, commercial e-mailing (i.e., spam, sending email to subscribers who have not "opted-in"); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of Service fees; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way, and other activities whether lawful or unlawful that 1 Media Web Solutions, Inc. determines to be harmful to its other customers, operations, or reputation; terminate Your Services if Your use of the Services results in, or is the subject of, legal action or threatened legal action, against 1 Media Web Solutions, Inc. or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit; and terminate Your Service if You have not accessed or logged into it for ninety (90) and are (90) days delinquent. If 1 Media Web Solutions, Inc. terminates Your Service, it may, at its own option, remove and destroy data and files stored by You on its servers. 1 Media Web Solutions, Inc. has no obligation to monitor Your Service, but reserves the right in its sole discretion to do so.

6. INDEMNIFICATION. You agree to protect, defend, indemnify and hold harmless 1 Media Web Solutions, Inc. and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by 1 Media Web Solutions, Inc. directly or indirectly arising from (i) your use of and access to all 1 Media Web Solutions, Inc. services (ii) your violation of any provision of this Agreement or the corporate policies which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of InteleCommerce™ and or 1 Media Web Solutions, Inc. services.

7. LIMITATION OF LIABILITY. IN NO EVENT SHALL 1 Media Web Solutions, Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT 1 Media Web Solutions, Inc. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to InteleCommerce™ or related Services by 1 Media Web Solutions, Inc. must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall 1 Media Web Solutions, Inc.’s total aggregate liability exceed $500.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

8. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF InteleCommerce™ AND 1 MEDIA WEB SOLUTIONS, INC. ‘s SERVICES SHALL BE AT YOUR OWN RISK AND THAT THEY ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”.
1 Media Web Solutions, Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY 1 Media Web Solutions, Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO 1 Media Web Solutions, Inc. OR IT’S PRODUCTS AND OR SERVICES. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of InteleCommerce™, and 1 Media Web Solutions, Inc. products, and or the Services.

9. TERMINATION. With a written notice, both parties may terminate the Agreement and/or your participation in any Program (unless otherwise provided in the relevant Program Terms), without prejudice. Upon termination, suspension, or discontinuation of any Program or your participation therein, all outstanding payment obligations incurred under such Program will become immediately due and payable. These Master Terms and Conditions shall survive any termination of the Agreement.

10. NOTICES. 1 Media Web Solutions, Inc. may give general notices to you by posting on any 1 Media Web Solutions, Inc. Web site, or by electronic mail to the e-mail address provided by you to 1 Media Web Solutions, Inc.. It is your responsibility to ensure that your e-mail address and any other contact information you provide to 1 Media Web Solutions, Inc. is updated, current and correct. All notices to 1 Media Web Solutions, Inc. shall be sent via recognized overnight courier or certified mail, return receipt requested, to: 1 Media Web Solutions, Inc. , 5200 SW Macadam Ave., Suite 400, Portland, Oregon, 97239.

11. CHOICE OF LAW. Any dispute referring or relating to the Agreement or between the parties shall be governed by the laws of the State of California, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California or another location designated by 1 Media Web Solutions, Inc.. Any claim against 1 Media Web Solutions, Inc. arising from the Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party.

12. MEDIATION OF DISPUTES. You and 1 Media Web Solutions, Inc. agree to mediate any dispute or claim arising between us out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediation after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action.

13. BINDING ARBITRATION OF DISPUTES. (1) You and 1 Media Web Solutions, Inc. agree that any dispute or claim in Law or equity arising between us out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration, including and subject to paragraphs 18(a) below. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of commercial law and contract law experience, unless the parties mutually agree to a different arbitrator, who shall render an award in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure Section 1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part III of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Interpretation of this agreement to arbitrate shall be governed by the Federal Arbitration Act.

13 (a) EXCLUSIONS FROM MEDIATION AND ARBITRATION: The following matters are excluded from mediation and arbitration: (I) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver of the mediation and arbitration provisions.

“NOTICE: BY USING 1 MEDIA WEBS SOLUTIONS, INC. PRODUCTS AND SERVICES, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESSTHOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.”

“CLIENTS AGREES THAT HE/SHE UNDERSTANDS THE FOREGOING AND AGREES TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION TO NEUTRAL ARBITRATION.”