Web Site Creation Terms and Conditions
As used throughout the following agreement (“Agreement”), the term “Customer” shall refer to any party utilizing Web site creation services at http://siteracer.com (“the Site”); the term “Developer” shall refer to Intercosmos Media Group, Inc., the party providing Web site creation services at the Site; the terms “you” and “your” shall refer to Customer where applicable; the terms “we,” “our” and “us” shall refer to Developer where applicable.

1. Description of Service.
SiteRacer (“SiteRacer”) is free service provided by Developer that allows you to download pre-defined Web sites from a wide array of templates. SiteRacer is an easy way for you to take your idea to the Web in a few easy steps.

2. Price.
There is no charge for downloading any of our templates.

3. Support.
This service and all of our templates are provided to you on an "as-is" and "as available" basis. We do not offer any support for your use of our service. Developer makes no representations, warranties or guarantees that any of our templates will function properly or will otherwise meet your needs. You agree and understand that you shall assume full responsibility for the use of any templates you choose to download from us.

4. Domain Name Registration and Hosting.
Customer agrees and understands that our service does not include the cost of registering the domain name that is used to associate Customer’s Web site. Customer agrees and understands that our service does not include the cost of hosting the domain name that is used to associate Customer’s Web site. Customer agrees and understands that Customer shall be solely responsible for registering and hosting the Internet domain name. For low cost domains, we recommend that Customer utilize the domain registration services at http://directnic.com. For hosting we recommend that Customer utilize the hosting services at http://directnic.com or http://zipa.com.

5. Use of Service.
You can begin utilizing Developer's services by going to http://siteracer.com. Our easy-to-use interface will guide you through the rest of the steps.

6. Using Your Web site.
Once you have determined which template best fits your needs, you may download it from SiteRacer. Then you will be able to upload the site to whatever hosting service you desire.

7. Hosting Options.
Customer may utilize Developer's hosting services at http://directnic.com to host Customer's Web site or Customer may choose to utilize a third party hosting provider. In the event Customer chooses to utilize either Developer's free or paid hosting services, Customer agrees to be bound at all times by Developer's terms and conditions of service at http://www.directnic.com/legal/free_hosting.php or http://www.directnic.com/legal/paid_hosting.php, respectively.

8. Disclaimer of Warranties.
WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT THAT YOUR WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF YOUR WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU FURTHER AGREE THAT WE PROVIDE OUR SERVICES TO YOU ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. NEITHER WE NOR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL HAVE ANY LIABILITY TO YOU FOR ANY FAILURE OR DELAY TO MAINTAIN OR PROVIDE TO YOU ANY SERVICE OFFERED BY US.

9. Limitation of Liability.
YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (A) ANY ACT OR OMISSION BY YOU OR YOUR AGENT (WHETHER AUTHORIZED OR UNAUTHORIZED); (B) ANY LOSS OF CONTENT UTILIZED BY YOU OR YOUR AGENT; (C) THE USE OF YOUR WEBSITE; (D) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (E) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND US; (F) EVENTS BEYOND OUR REASONABLE CONTROL; (G) THE PROCESSING OF ANY ORDER SUBMITTED BY YOU OR YOUR AGENT; (H) THE PROCESSING OF ANY MODIFICATION TO YOUR ORDER; OR (I) THE FAILURE BY YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER. FURTHERMORE, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO US. TO THE EXTENT APPLICABLE, STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. Ownership Rights.
Developer retains all ownership rights to the style and graphics used in Developer's Web templates. Nevertheless, Developer grants to you a non-exclusive, limited license to use the graphics and images contained in these templates.

11. Force Majeure.
Developer shall not be responsible for any failure to perform any obligation or provide service hereunder because of any Act of God, strike, work stoppage, governmental acts or directives, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunications services generally, or other similar force beyond Developer’s reasonable control.

12. Severability.
In the event that any provision of this Agreement should be found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained shall not in any way be affected or impaired thereby.

13. Venue and Choice of Law.
This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of Louisiana, USA without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Orleans Parish, Louisiana, USA.