THIS AGREEMENT is made and entered between The Pitcher Group, located at 24 Sterley Avenue, Saugerties, New York 12477, (hereinafter referred to as TPG) and the Customer, who wishes to use the services of TPG in accordance with TPG's policies as stated herein.

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

1. CONDITIONS: The application and this Agreement constitute a legal and binding contract between TPG and the Customer and does not extend to any other person or entity. Excess resources utilized by Customer to include data transfer, disk space and virtual host limits shall be be paid for by Customer. TPG will bill Customer and Customer shall pay for excess resources used by Customer. Cancellations after an application is received and webspace is set-up will still hold the Customer responsible for costs incurred by TPG concerning the set-up of the web space. All cancellations shall be in writing and delivered via postal mail or facsimile to the accounts receivable department of TPG with telephonic confirmation.
2. WARRANTIES: With respect to the services to be provided herein, the Customer acknowledges that TPG makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that TPG shall not be liable to the Customer for any claims, damages or loss of profit which may be suffered by the Customer or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of or in relation to the services provided herein, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.
3. INFORMATION: The utilization of any data or information received by the Customer from the utilization of the service to be provided by TPG is at the Customer's sole and absolute risk. TPG specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.
4. DOMAIN NAME: If TPG 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 TPG, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name 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 TPG for any reason.
5. SERVICE DESCRIPTION: As a World Wide Web service provider, TPG provides web site design services, web site maintenance services, and Internet web hosting services. The web servers utilized by TPG sends and receives data and information in relationship to the World Wide Web. To ensure the highest level of uninterrupted service, TPG reserves the right to utilize internal, external, leased, shared, dedicated, and otherwise non-TPG owned equipment, networks, networking equipment and resources as TPG deems necessary.
6. PAYMENT: The set-up fee and first payment are due at the time the application and Agreement are filled out, and received by TPG. Subsequent payments are due according to the selected fee schedule following the establishment of the web space or service on the Internet. Web space and services will be billed a minimum of one (1) month in advance depending on the selected fee schedule. Subsequent payments are due upon receipt of invoices generated by TPG. In the event that the Customer fails to pay for such services in advance, TPG shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made.
7. UNILATERAL SERVICE REVOCATION: In the event that TPG 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, TPG may immediately discontinue such service to the Customer without liability. This will include failure to pay, illegal content, adult or other questionable content, and/or unsolicited email.
8. INDEMNIFICATION: The Customer shall indemnify and hold harmless TPG from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgements, costs and expenses that may be initiated against TPG and TPG's officers, directors, and employees for any service provided to Customer by TPG to include web space content that violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.
9. CHANGES IN TERMS OF AGREEMENT: TPG reserves the right to make changes to the terms and conditions of this Agreement at any time, and to the application to include service pricing, advising of the change and the effective date thereof by publishing it to the appropriate TPG web site, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s). Customer is solely responsible for staying informed with respect to changes in this Agreement, the application, Acceptable Use Policy and Billing Policy, all of which are published on-line.
10. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument, the application for web space and services, TPG's AUP (Acceptable Use Policy) and TPG's BP (Billing Policy), all of which are published on TPG's web site, are incorporated by reference and constitute the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
11. RELATIONSHIP: The parties hereto are independent entities and nothing contained in this Agreement shall be construed to constitute Customer an agent, employee, partner, independent contractor, joint venturer, or any other similar entity.
12. GOVERNING LAW: This Agreement shall be governed by the laws of the State of Vermont in the United States of America. Each party agrees that jurisdiction and venue for any and all claims, disputes or other matters arising out of the services provided herein and under this Agreement will only lie in Ulster County, New York.  If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement and services provided herein, the prevailing party in such action shall be entitled to all reasonable costs to include attorney fees.
13. ARBITRATION: In the event a dispute or controversy arises out of or relating to this Agreement, such dispute or controversy (including contentions that a party is in default in performance of its obligations hereunder, but excluding questions as to the validity and binding effect of this Agreement, which shall be conclusively presumed) shall be submitted to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award may be entered in any court of competent jurisdiction.
14. SEVERABILITY: In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.
15. CONFIDENTIALITY: Customer acknowledges that any information not generally known by or disclosed to the public to include but not limited to computer programs, source code, algorithms and inventions are the property of TPG and may not be utilized or released without the express written permission of TPG.
16. INTERPRETATION: The format, words and phrases used herein shall have the meaning generally understood in the Telecommunicatons/Software/Internet Industries. This Agreement shall be construed in accordance with its fair meaning and not against the drafting party.

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. Unless TPG receives a written letter stating otherwise within 15 days of initiation of service, customer agrees to all the terms and conditions of this Agreement.