WEB DESIGN & DEVELOPMENT AGREEMENT
THIS CUSTOMER SERVICES AGREEMENT ("AGREEMENT") FOR WEB SITE SERVICES IS ENTERED INTO BETWEEN VOLCANIC WEB SOLUTIONS ("VOLCANIC WEB SOLUTIONS") AND THE PERSON OR ENTITY THAT ACCEPTS IT ("CUSTOMER"). VOLCANIC WEB SOLUTIONS IS WILLING TO ENTER INTO THIS AGREEMENT ONLY ON THE CONDITION THAT CUSTOMER PAYS THE APPROPRIATE FEES AND ACCEPTS ALL OF THE TERMS IN THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY BEFORE ACCEPTING THIS AGREEMENT, AS BY ACCEPTING THIS AGREEMENT YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO ALL THESE TERMS, VOLCANIC WEB SOLUTIONS IS UNWILLING TO ENTER INTO THIS AGREEMENT, AND YOU SHOULD NOT NOT ACCEPT IT. Volcanic Web Solutions provides web site design and development services via the Internet and other platforms (the "Services") through Volcanic Web Solutions' web site (the "Web Site"). Customer agrees to use the Services in accordance with this Agreement and as requested by Volcanic Web Solutions. Hosting Services are provided by Volcanic Web Solutions in accordance with the Hosting Agreement found at VolcanicWebSolutions.com. Volcanic Web Solutions is willing to provide Customer with the Services as set forth below. In consideration of the foregoing and the mutual covenants set forth below, the parties hereby agree as follows: Provision of Services and License Provided that Customer pays Volcanic Web Solutions the fees set forth in the order summary, Volcanic Web Solutions will provide Customer with the Services ordered and the web site created by Volcanic Web Solutions ("Deliverable") described in the order summary under the terms and conditions of this Agreement. Subject to the terms and conditions of this Agreement, Volcanic Web Solutions hereby grants to Customer a limited, personal, non-exclusive, non-transferable license to use the Deliverables set forth in the Customer order summary. This is a license, not a transfer of title, and is subject to the following restrictions: Customer may not (1) modify the Deliverables except with the tools incorporated into the Deliverables (2) use Deliverables for any third party commercial purpose; (3) decompile, reverse engineer, or disassemble software Deliverables, (4) remove any copyright or other proprietary notices from the Deliverables; or (5) transfer the Deliverables to another person. Customer agrees to prevent any unauthorized copying of the Deliverables. With respect to any Volcanic Web Solutions logos and/or hypertext link logos provided with the Deliverables, Customer is granted a non-assignable, non-exclusive, royalty free license solely to use the logos and/or link logo as a hypertext link icon to allow users to link from Customer's web page to the Volcanic Web Solutions web pages, based on the following terms and conditions: Customer acknowledges the validity and Volcanic Web Solutions' exclusive ownership of all right, title, and interest in and to the Volcanic Web Solutions, Hosted by Volcanic Web Solutions and Powered by Volcanic Web Solutions logos and link logo marks or other Volcanic Web Solutions logos and link logo marks (the Marks) and, during or after the term of this Agreement, shall not, in any way, contest, or help others to contest, such ownership or the validity of any registrations or rights of Volcanic Web Solutions now owned or obtained relating to the Marks. Customer shall not use any names, marks, terms, graphics, or other materials on its Web page or site that are likely to cause confusion with or dilute the distinctiveness of either of the Marks or to damage the reputation or commercial image of Volcanic Web Solutions or any of its products. Volcanic Web Solutions, in its sole discretion, may terminate this license immediately for any reason. Upon termination of this license, Customer shall immediately cease all further use of the Marks, or any other similar mark, name or logo, including, without limitation, any name or mark comprising the term "Volcanic Web Solutions." Ownership Volcanic Web Solutions and its suppliers will at all times retain all title to and ownership of the Deliverables. Deliverables are copyrighted and are protected by worldwide copyright laws and treaty provisions. Except as provided herein, the Deliverables may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Volcanic Web Solutions' prior written permission. Except as expressly provided herein, Volcanic Web Solutions does not grant any express or implied right to Customer under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to Customer by Volcanic Web Solutions in writing or incorporated elsewhere in the Deliverables. Obligations of Volcanic Web Solutions Except for initial edits made prior to final delivery, Volcanic Web Solutions will have no obligation under this Agreement to correct any bugs, defects or errors in the Services or Deliverables or to otherwise support or maintain the Services or Deliverables. Notwithstanding the foregoing, Volcanic Web Solutions agrees to provide reasonable technical support to Customer in the form of telephone consulting and e-mail to Customer during Volcanic Web Solutions' normal business hours and at Volcanic Web Solutions' standard pricing. Term and Termination This Agreement is effective on the date Customer accepts the terms of this Agreement and shall continue unless terminated. Customer may terminate this Agreement without cause upon notice to Volcanic Web Solutions. Volcanic Web Solutions may terminate this Agreement after five (5) days written notice to Customer if customer materially breaches this Agreement, including, without limitation, failure to pay and fails to cure such breach during such five (5) day period. Upon the termination of this Agreement, Customer will return to Volcanic Web Solutions all copies of any Deliverables provided to it by Volcanic Web Solutions. Disclaimer of Warranty and Limitation of Liability THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE, WHICH ARE HEREBY DISCLAIMED. VOLCANIC WEB SOLUTIONS SHALL NOT BE LIABLE FOR (1) ANY LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS OR (2) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) REGARDLESS OF THE FORM OR ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF VOLCANIC WEB SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VOLCANIC WEB SOLUTIONS' LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO VOLCANIC WEB SOLUTIONS DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND ABSENT SUCH LIMITATIONS VOLCANIC WEB SOLUTIONS WOULD NOT ENTER INTO THIS AGREEMENT. Miscellaneous This Agreement shall be governed solely by the laws of the State of Pennsylvania, excluding its principles of conflicts of laws. Any action under or relating to this Agreement shall be brought solely in the state and federal courts located in Luzerne County, Pennsylvania and each party hereby submits to the personal jurisdiction of such Courts. Each Party agrees that its performance under this Agreement shall in all respects conform to all applicable laws, rules and regulations of the United States governing the export of technical information. Customer may not assign this Agreement without the prior, written permission of Volcanic Web Solutions. Any purported assignment will be void and without any effect. This Agreement may not be modified or amended except in writing, signed by both Parties. Any purported oral modification or amendment of this Agreement in derogation of the foregoing shall be without any effect. Neither Party may waive any right hereunder except expressly and in writing. Any other purported waiver of any such right shall be without any effect. This Agreement is the entire agreement between the Parties with respect to this subject matter, and supersedes all prior and contemporaneous discussions, negotiations, communications and agreements with respect thereto.

WEB HOSTING AGREEMENT
This is a legal and binding agreement between you, the Customer, and Volcanic Web Solutions. By using, installing or accessing the Volcanic Web Solutions website, the Services and certain Products that are offered, as our Customer you agree to all of the terms and conditions of this agreement. If you do not agree to these terms, the Acceptable Use Policy or any other Terms and Conditions posted on the Volcanic Web Solutions web site, all services will be discontinued, activation of the account will cease and your account terminated. END USER LICENSE AGREEMENT LICENSE GRANT. Subject to the provisions contained herein and payment of applicable fees, Volcanic Web Solutions hereby grants to you a non-exclusive, nontransferable, license to use its accompanying proprietary software application products offered on the Volcanic Web Solutions web site ("Software",) for your own use. Such Software is protected by the Volcanic Web Solutions laws of the United States and international Volcanic Web Solutions treaties. RESTRICTED USE. All rights not expressly granted herein are retained by Volcanic Web Solutions and its licensors. Except as stated above, this Agreement does not grant the Customer any intellectual property rights in the Software. Customer shall not rent, lease, transfer or sublicense the Software. Customer shall not under any circumstances nor shall Customer permit a third party to (i) decompile, disassemble, reverse engineer or otherwise attempt to reconstruct or discover the source code of the Software or (ii) prepare derivative of the Software or (iii) remove any product identification, Volcanic Web Solutions, trademark or other notice from the Software. Any such copy made by you shall be subject to this Agreement and shall contain all of Volcanic Web Solutions's notices regarding Volcanic Web Solutions's, trademarks and other proprietary rights as contained in the Software originally provided to you. TITLE. The Software's organization, structure, sequence, logic, and source code are valuable to the Company. Any and all title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain at any and all times in Volcanic Web Solutions and/or its suppliers. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable Volcanic Web Solutions or other law. This License does not give Customer any rights to such content. LIMITED WARRANTY. Volcanic Web Solutions warrants to the Customer, for a period of ninety (90) days from the date of this agreement, installation of Software, or use of services, whichever is earlier, that it will replace any defective media on which the Software is provided and that the Software, if not modified and if properly installed and used, will substantially conform to the material specifications set forth in the documentation, Such warranties are for the Customer's benefit only and are not transferable. Volcanic Web Solutions does not warrant that the Software will operate error free or uninterrupted or will meet your requirements. Except for the express warranties stated in this section, the Software are licensed "as is" and Volcanic Web Solutions specifically excludes and disclaims all warranties of merchantability, fitness for a particular purpose, statutory noninfringement of third party intellectual property rights and any warranty that may arise by reason of trade usage, custom or course of dealing and Customer hereby expressly waives any and all such warranties. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Volcanic Web Solutions OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTIER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTFER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF Volcanic Web Solutions'S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION, EYEN IF Volcanic Web Solutions SHALL HAVE BEEN INFORMED OF TFE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTFER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. EXPORT CONTROLS. You may not download, use or otherwise export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded, used or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. TERMINATION. This Agreement is effective until terminated. Volcanic Web Solutions may terminate this Agreement immediately if Customer attempts to reverse engineer the Software or otherwise violate any of the restrictive uses as described herein. Otherwise, this Agreement may be terminated by either party for a breach of any of its material terms, provided the non-breaching party provides to the breaching party 30 days written notice describing such breach and offering the breaching party an opportunity to cure. Failure to cure a material breach within the notice period shall result in automatic termination of this Agreement. Should this Agreement be terminated for your material breach, Customer agrees to remove all copies of the Software or any part of the Software from any and all computer storage devices, and destroy the Software and all Documentation. At Volcanic Web Solutions's request, Customer or any of Customer's authorized signatory on the account, shall certify in writing to Volcanic Web Solutions that all complete and partial copies of the Software and the Documentation have been destroyed and that none remain in Customer's possession or under its control. MISCELLANEOUS. This Agreement represents the complete and exclusive statement of the agreements concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO TIE TFRMS SET FORTH HEREIN, AND Volcanic Web Solutions AGREES TO FURNISH THE SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make. If enforceable, and such decision shall not affect the enforceability (i) of such provision under other circumstances or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting this Agreement. This Agreement shall be governed by and construed under the law of Pennsylvania as such law applies to agreements between Pennsylvania residents entered into and to be performed entirely within Pennsylvania, except as governed by Federal Law. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(l)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor / manufacturer is Volcanic Web Solutions. 707 Luzerne Avenue, West Pittston, PA 18643