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Internet Services and Colocation Agreement

Definitions. As used in this Agreement, "Service" means the provision of bandwidth for the transmission of data to and from the Internet through the Network together with Colocation services including 24x7connectivity to the Internet and Colocation Space, as further defined in this Agreement and in the Quotation of Services ("Quote(s)"). "Network" means the network of routers, switches and communication channels that are owned or controlled by Lagomorphics. The Quote is attached and marked as Exhibit A. Customer and Lagomorphics may enter into subsequent Quote(s), which will automatically become part of this Agreement. "Colocation Space" means the physical area within Lagomorphics' Colocation facility identified in a Quote. "Customer Equipment" means the computer equipment, software, networking hardware or other materials placed by or for Customer in the Colocation Space, other than Lagomorphics Equipment. "Lagomorphics Equipment" means all computer equipment, software, networking hardware or other materials belonging to or furnished by Lagomorphics. Additional terms are defined in the Lagomorphics Terms and Conditions, below. Lagomorphics will begin installation and Service only after it receives and accepts: (i) the Quote; (ii) this Agreement signed by a Customer authorized representative; and (iii) the Initial Payment due under Section 1.1 of this Agreement. "Personnel" refers to employees, representatives, agents, contractors, or subcontractors.

1. Service Fees And Billing. Customer agrees to pay the monthly charges for Service, the activation and other charges indicated on the Quote or otherwise due hereunder (collectively, "Service Charges"). Service Charges do not include applicable taxes, shipping charges (if any), or telephone company charges, all of which shall be billed in addition to the Service Charges (or billed by third party providers) and shall be the responsibility of the Customer.

1.1 Initial Payment. Upon Lagomorphics' acceptance of the Quote and full execution of this Agreement, Customer shall be invoiced for all Service Activation Charges and the first month's Service Charges which shall be due upon installation, but in no event later than 30 days after the execution of this Agreement.

1.2 Recurring Charges. Lagomorphics will bill Customer monthly in advance for the Colocation Space ("Colocation Space Fees") and committed bandwidth and monthly in arrears for any additional bandwidth used above the committed bandwidth billed in the prior month. Additional bandwidth will be billed in 0.1 (tenth) Mbps increments. "Bandwidth Fees" is defined as charges for usage of bandwidth provided under this Agreement as set forth in the Quote. Billing for monthly Service Charges will begin on the earlier of: (a) the Installation Date, which shall be thirty (30) business days after the Effective Date set forth above or (b) the date that Customer places Customer Equipment in Lagomorphics' premises. If, however, Customer is unable to use the Services commencing on the Installation Date due solely to delays caused by and within the reasonable control of Lagomorphics, then the date on which monthly Service Charges billing begins will be extended by one day for each such day of delay.

1.3 Payment. All Service Charges and other fees will be due in U.S. dollars on or before the first day of that service period. Late payments will accrue interest at a rate of one and one-half percent (1.5%) per month or the highest rate allowed by applicable law, whichever is lower. If payment is returned to Lagomorphics with insufficient funds, Customer is considered to not to have paid and subject to a returned check charge of $25 and may be terminated for Nonpayment as described in 13.1.

1.4 Bandwidth Measurement. Bandwidth usage will be calculated by one of the two following methods, according to whether the Customer has elected a Sustained Usage plan or a Metered GB plan:

2. Colocation.

2.1 Use of Space. Lagomorphics grants Customer the right to operate Customer Equipment at the Colocation Space, as specified on Customer's Quote. Except as specifically provided herein, Customer expressly assumes all risk of loss to Customer Equipment in the Colocation Space. Customer shall be liable to Lagomorphics for any damage to the Colocation facility, Lagomorphics Equipment or equipment of other Lagomorphics customers caused by Customer, Customer Equipment or Customer's personnel.

2.2 Customer Equipment Installation and Removal. The installation of all installation and removal of customer equipment will be performed by Lagomorphics.

2.3 Remote Hands Service. Customer may request, via means designated by Lagomorphics, technicians to perform "remote hands" service on Customer's equipment within the Colocation facilities. There is no charge for Lagomorphics' remote hands service. Remote hands service involves designated personnel physically touching Customer's equipment. Remote hands tasks are limited to simple tasks such as pressing a button, flipping a switch, or hooking up a monitor and reporting what is on the screen, or typing customer-supplied commands that take no longer than 15 minutes to perform. Remote hands tasks do not include configuration of customer equipment. Remote hands service does not include daily scheduled tasks such as tape changing. Customer may request a maximum of 8 hours of remote hands service per month. Lagomorphics offers consulting separate from this agreement at additional charge. Customer understands that computers and telecommunications equipment (hardware) are electromechanical devices and may fail. Customer is solely responsible for the maintenance and replacement of its hardware. Lagomorphics does not warrant either the results to be obtained from the remote hands service or that the remote hands service will be error free. Customer agrees to indemnify and hold harmless Lagomorphics against any loss, damage, cost and expense due to claims from Customer or third parties arising out of Customer's remote hands requests.

2.4 Acceptable Use Guidelines. Customer will at all times comply with and conform its use of the Service to the Lagomorphics Acceptable Use Guidelines, as updated from time to time. In the event Customer violates Lagomorphics' Acceptable Use Guidelines, Lagomorphics shall have the right to immediately suspend Service. Lagomorphics will provide notice and opportunity to cure, if and to the extent Lagomorphics deems practicable, depending on the nature of the violation and availability of the Customer. Lagomorphics, in its reasonable discretion, may re-enable the Service upon satisfaction that all violations have ceased and with adequate assurance that such violations will not occur in the future.

2.5 Updates. Lagomorphics may update the Lagomorphics Acceptable Use Guidelines from time to time by posting such updates on Lagomorphics' website. References herein to the Lagomorphics Acceptable Use Guidelines shall mean the most updated version of such policies or procedures posted on Lagomorphics' web site. Lagomorphics shall notify Customer of any material changes to its policies and procedures.