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.

Focus Today, Inc. 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 Focus Today, Inc. Web site, FocusToday.com Your continued use of Services following Focus Today, Inc.'s posting of any changes or modifications will constitute your acceptance of such changes or modifications.

NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. SERVICE DESCRIPTION: As a World Wide Web service provider, Focus Today provides server computers which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web. Customer wishes to connect a web site(s) to the World Wide Web utilizing the hardware and software resources of Focus Today to establish an Internet web presence on one of Focus Today's server computers.

1a. SPAM (unsolicited email): Focus Today has a strict NO SPAM policy. If you have any plans of sending out SPAM, regardless of what server/computer sends it out it, please do not continue with the order. Any account that ignores this policy and sends SPAM anyway will be terminated. Also, if this period is within the first 30 days, you will lose the 30 day free period and will lose the 30 day money back guarantee. In other words, the account would be billed, and no refunds would be allowed. By completing this contract, you agree you will not send any SPAM related to your site from any computer.

1b. ADULT SITES: Focus Today does NOT host adult sites, nor sites which generally would be perceived as being of adult nature based on language, content, photos, images, including nudity of any form. If any of these occur on an account, the same account termination procedures and forfeitures apply as indicated above on line 1a.

1c. HATE SITES: Focus Today does NOT host sites which promote hate or violence. If any of these occur on an account, the same account termination procedures and forfeitures apply as indicated above on line 1a.

1d. ILLEGAL INFORMATION: Focus Today does NOT host any site which contains or promotes illegal products or information of any kind. If any of these occur on an account, the same account termination procedures and forfeitures apply as indicated above on line 1a.

1e. MISCELLANEOUS CONDITIONS: Client hereby agrees that all domain names and any material submitted for publication on Focus Today's servers through client's account(s) will not contain anything leading to an abusive or unethical use of the web hosting product(s) or the host server(s). Abusive and unethical materials and uses include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, hacking, warez, and any harassing, offensive and/or harmful materials or uses. Focus Today management retains the right and final opinion regarding whether any portion of a site falls within one of these categories. Client hereby agrees to indemnify and hold harmless Focus Today from any claim resulting from your publication of materials or your use of those materials. Violations of Focus Today's Terms Of Service may result in immediate account termination and Focus Today reserves the right to charge up to $50.00 clean-up fee.

1f. MISCELLANEOUS FEES: If the Company is required to move a domain to an alternate server due to a Client request for a service, such as ColdFusion, Client will be subject to a $9.95 Server Switch Fee. If Company registers a domain name on behalf of Client, and Client subsequently requests to host the domain with another web hosting company, in order for Company to manage the domain, Client is required to change to a "Domain Name Management" plan. The cost is $20 per year, and includes domain name renewal for one year. In this case, Company will maintain the DNS entries for the domain name. If Client does not want Company to manage the DNS, Client can choose to transfer the domain name to a registrar of their choice, and for such, there is no charge.

2. CONDITIONS: The application and this Agreement constitute a binding contract between Focus Today and the Customer and does not extend to any other person or entity. Cancellations after the application is received and web space is set-up will still hold the Customer responsible for server space and the set-up fee (if any) of the web space, unless the cancellation is within the first 30 days, then the customer, upon request, will be refunded the current account setup fee (if any) which the customer was charged. This does not apply to MS SQL database charges and/or setup fees.

3. WARRANTIES, LIMITATIONS AND EXCLUSION OF LIABILITY: With respect to the service to be provided herein, the Customer acknowledges that Focus Today makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that Focus Today shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data (including, but not limited to, database data in any format), email data, delays, non-deliveries, or service interruptions. The customer also acknowledges that by using any shopping cart system, whether provided by Focus Today or not, Focus Today will not be held responsible for charge backs, errors, loss of revenue, loss of data, web server failure, downtime, or any disputes that may arise from the use of any shopping cart system.

ADDITIONALLY, IN NO EVENT SHALL FOCUS TODAY, INC. HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO FOCUS TODAY, INC., DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. FOCUS TODAY, INC. SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF FOCUS TODAY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF FOCUS TODAY, INC. TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO FOCUS TODAY, INC. BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED OR $25.00, WHICHEVER IS GREATEST. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION AND NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY FOCUS TODAY, INC. UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE FOCUS TODAY, INC. FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION. WITHOUT THIS LIMITATION, FOCUS TODAY, INC. WOULD NOT BE ABLE TO OFFER THIS SERVICE.

4. INFORMATION: The utilization of any data or information received by the Customer from the utilization of the service to be provided by Focus Today is at the Customer's sole and absolute risk. Focus Today specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.

5. DOMAIN NAME: If Focus Today shall acquire an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against Focus Today, for any loss, damage, claim or expense arising out of or in relation to the registration or renewal of such Domain Name, including but not limited to, registration in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by Focus Today for any reason.

6. PAYMENT: Focus Today currently does not charge a setup fee. Any set-up fee (when applicable) is due at the time the application is filled out, and submitted to Focus Today. Subsequent payments are due according to the selected fee schedule following the establishment of the web space on the Internet. After the first free month, web space will be billed a minimum of one (1) month in advance depending on the selected fee schedule. Subsequent payments are due on the renewal date per the selected fee schedule. In the event that the Customer fails to pay for such services in advance, Focus Today shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made.

Contract Renewal: All contracts are automatically renewed for another term unless a written notice of cancellation submitted through our cancellation form at least two weeks in advance of the renewal date / anniversary date. If no correct notice of cancellation is given, all contracts will be automatically renewed for another term under the same conditions.

If client disputes justified charges by FocusToday.com and/or Focus Today, Inc, Focus Today has the right to charge a $25 administration fee and immediately discontinue service.

Focus Today reserves the right to refuse service to anyone at any time. Focus Today reserves the right, in its sole discretion, to deactivate your account(s) without further warning upon an indication of credit problems including delinquent payments, or if this service contract is violated, or if Client's account or the traffic on this account causes any kind of network or server problem or disturbances.

7. UNILATERAL SERVICE REVOCATION: In the event that Focus Today may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, Focus Today may immediately discontinue such service to the Customer without liability.

SPAM: In the event that Focus Today determines the account to be participating in any way with SPAM, including mining of email addresses, sending unsolicited email, or any other form of SPAM, Focus Today may immediately discontinue such service to the Customer without liability. FURTHER, if this occurs within the first free month, Customer forfeits the right to a free month, and will be billed for that month, and service will be terminated.

Indirect Storage and/or Processing: Focus Today does not allow our servers to be used as a storage location for download or access of files of any type (.exe, .doc, .pdf, .asp, .htm, .gif, .jpg etc.) that are not directly related to the account which we host. Also, Focus Today does not allow our servers to be used to process scripts and forms which do not directly relate to the account which we host. Basically, if it's related to your site, that's fine. If it's related to someone else's site, it should be on their server.

Email Services: Email accounts (POP3) are intended to be used directly by the individual/company/organization associated with the domain that we host. It is strongly recommended to use an email program like Outlook Express to retrieve the email from the POP3 account and store the emails locally. Due to the ever changing nature of email, the email POP3 accounts are not backed up, and in accordance with Item 3 above, Focus Today shall not be liable for any loss of email data stored on the email server(s). Storage of received, sent and any other format of email is considered in determining the total disk space used for the account. Likewise, email traffic is considered in determining the total traffic/bandwidth used by the account. A domain may not use more than 200MB disk space for total email usage. The maximum disk space a POP account may use individually is 15MB.

8a. Interruption of Service: You hereby acknowledge and agree that Focus Today, Inc. will not be liable for any temporary delay, outages or interruptions of the Services. Further, Focus Today, Inc. shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).

8b. Maintenance: You hereby acknowledge and agree that Focus Today, Inc. reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. Focus Today, Inc. will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.

9. MATERIAL and INDEMNIFICATION: Client hereby agrees that all domain names and any material submitted for publication on Focus Today's server(s) through client's account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. Client hereby agrees to indemnify and hold harmless Focus Today for any claim resulting from the submission of illegal materials, any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against Focus Today on the grounds of such violation. Violations to Focus Today's Terms Of Service will result in immediate account termination and Focus Today reserves the right to charge up to $50.00 clean-up fee.

10. CHANGES IN TERMS OF AGREEMENT: Focus Today reserves the right to make changes to the terms and conditions of this Agreement. It is the Customer's responsibility to periodically review the Web Hosting Contract and Terms of Service Agreement). Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).

11. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the application for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.

12. GOVERNING LAW: This Agreement shall be governed by the laws of the State of Florida in the United States of America. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect.

13. CGI-SCRIPTS: You are free to use any CGI scripts you wish, as long as it does not negatively affect another site on the internet, nor can it be used for anything illegal. Focus Today reserves the right to disable any CGI script or script access on an account.

14. REFUSAL OF SERVICE: We reserve the right to refuse or cancel service at our sole discretion. Failure to comply with any of our policies will result in immediate termination of services. No refunds will be issued under these circumstances.

15. LOG FILES: Log files may be deleted on a periodic basis. Users are responsible for downloading their log files if user needs the log files. It is recommended that clients who wish to maintain a history of their log files download them monthly.

16. CPU, MEMORY, DISK SPACE: It is a violation for anyone to post information or to include programs, scripts, images on the web space provided through the Focus Today services which consume excessive bandwidth, CPU time or storage space. For most web sites (probably over 90%) this isn't even an issue. If your site(s) violate this agreement, Focus Today reserves the right to de-activate or terminate your site(s) service immediately. We understand sites grow, and may need more disk space. That isn't the concern here. Extremely excessive disk space usage is not permitted.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto.