This contract constitutes an agreement between Above the Limit, Inc. hereafter referred to as ATL and the Client in use of ATL services and/or products, hereafter referred to as the Client.

The Client will receive all services paid for as listed on the invoice and on the relevant ATL website pertaining to that product and/or service.

ATL and the Client must both work together to complete the product and/or serive in a timely manner for both parties to remain profitable.

We agree to work expeditiously to complete this project no later than the estimated completion dates given on the invoice and/or the ATL website pertaining to that product and/or service.

Work begins upon ATL’s reception of the first payment indicated by the invoice.

It is the Clients responsibility to pay the full amount incurred by requesting and receiving the product and/or service by the time indicated on the invoice sent by ATL. Payments not received by ATL on the payment due date for products and/or services that have been either delivered or have been worked on will accrue interest at a rate of 2% per month.

ATL reserves the right to disable all products and/or services if payment is not made as indicated by the invoice. All custom work developed for the Client will remain the property of ATL, until the full payment for that custom work is made, or otherwise agreed upon by ATL and the Client.

Payment must be made by credit card (Visa, Mastercard, Discover or American Express), check, cash, or money order. In the event of a returned check, a $20 service fee will be due to ATL from the Client. ATL reserves the right to refuse to accept a check as a payment method from its Clients if the first check is returned.

Cancellation of the project at the request of the Client must be made by certified letter. In the event that work is postponed or canceled at the request of the Client, ATL shall have the right retain the payments already received. In the event this amount does not cover payments for services and/or software purchased by ATL for the Client additional payment will be due. If additional payment is due, this will be billed to the Client within 10 days of notification via certified letter to stop work. Final payment will be expected under the same terms as listed in the Payment Terms / Work Flow section.

Cancellation of the hosting service at the request of the Client must be made by certified letter 1 month in advance of the cancellation date. In the event that work is postponed or canceled at the request of the Client, ATL shall have the right to retain the payments already received. In the event this amount does not cover payments for services and/or software purchased by ATL for the Client additional payment will be due. If additional payment is due, this will be billed to the Client within 10 days of notification via registered letter to stop work. Final payment will be expected under the same terms as listed in the Payment Terms / Work Flow section.

Authorized representative(s) of the Client certifies that he or she is at least 18 years of age and legally capable of entering a contract in the State of California on behalf of the Client.

ATL prides itself in providing excellent customer service. That is the spirit of our agreement and the spirit of ATL’s business. To that end, we encourage input from the Client during the design process.

ATL understands, however, that Clients may request significant design changes to pages that have already built to the Client's specification. To that end, please note that our agreement does not include a provision for "significant page modification" or creation of additional pages. If significant page modification is requested after a page has been built to the Author's specification, we must count it as an additional page.

Some examples of significant page modification at the request of the Author include:

•  Developing a new table or layer structure to accommodate a substantial redesign at the Client's request.

•  Recreating or significantly modifying the company logo graphic at the Client's request.

•  Replacing more than 75% of the text to any given page at the Client's request.

•  Creating a new navigation structure or changing the link graphics at the Author's request.

•  Significantly reconfiguring the Client's shopping cart with new product, shipping or discount calculation if an e-commerce enabled site has been selected by the Client.

•  Changes to the layout of the web page.

Clients who anticipate frequently changing the look of their site during the design process and Clients who desire to be intricately involved design of each page are encouraged to negotiate an agreement prior to accepting the proposal. If significant page modification is requested by the Client after the work has been completed according to approved specifications additional charges will apply. Basic changes, however, will always be covered during our development of the site.

We strive to accommodate the needs of each Client and we maintain a liberal redesign policy. We can not, however, provide major redevelopment services to the in excess of the maximum outlined in the signed proposal.

Hosting packages can not be downgraded after payment is received or the contract expires. A 1 month written notification must be made in order to upgrade. Payment for the upgrade will be due no later than 10 days from the upgrade date.

ATL reserves the right to outsource the project and/or assign certain subcontractors to this project to insure the right fit for the job as well as on-time completion.

The above named Client is engaging Above the Limit, Inc., a California C Corporation, located at 320 N. E Street Suite 501, San Bernardino CA, 92401 as a contractor for the specific purpose defined in the invoice or through the selections made through the ATL web site.

The Client hereby authorizes ATL to access any related web hosting and domain name accounts, and authorizes the host and domain registration provider’s to allow ATL complete access to all items related to publishing the web site.

The Client will be responsible for granting access to ATL.

Client agrees to reimburse ATL for any critical Client requested products and/or services necessary for the completion of the project. Examples would be:

•  Purchase of specific fonts at the Client's request,

•  Purchase of specific photography at the Client's request.

•  Purchase of specific software at the Client's request.

The Client represents to ATL and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to ATL for inclusion in the Client's web site are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend ATL and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

You may only host one domain name per account. Pointing other domains to your account, or pages within your existing web site is not acceptable and is grounds for termination. Client may not exceed monthly bandwidth included with the web hosting package. If bandwidth is exceeded, the account will be terminated.

You are responsible for your sites and all sites that you host to be in accordance with all rules on this page. Misuse by you may result in termination your account.

Allowing email to be sent through Client's system by a third party (i.e. neither to nor from Client or Client's accounts) is grounds for termination.

Using a false identity, using pyramid/ponzi scheme, storage or transmission of any intentionally incorrect data or packet is grounds for termination.

The deliberate transmission of computer viruses, worms or trojan software is grounds for termination.

Using any technique to intentionally degrade or disable the delivery of any legitimate data is grounds for termination.

Sending unsolicited commercial bulk email ("UCE"), news postings or chain letters, advertising transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate sending UCE, use of web pages that allow "spam"ing (known as "ghost sites") that directly or indirectly refers to domains or IP addresses hosted by ATL. ATL reserves the right to determine in its sole discretion what constitutes UCE based on the information available. Sending any email to purchased lists or lists obtained by any other method (such as harvesting) is not acceptable. Clients may only send email to recipients who have joined mailing lists directly from their web site.

Oversized storage of any files that would be unreasonably large: ie. having hundreds of JPGS (such as fan or celebrity sites, photo galleries, cartoon or Japanese anim) are not allowed. There can be no applications stored in your web space, including but not limited to files with .exe extensions. Also, files typically used to store compressed data are not allowed. This is including but not limited to zip files. You may also not have any single file that is over 25 megabytes in size. There can be no live video or audio feeds on your site...i.e. webcams. Your web space is not for data back up. It is only for hosting real sites. Any violation of this clause is grounds for termination.

Attempting to gain unauthorized entry to any site or network, or any network or host scanning, probing, monitoring or other information gathering associated with such activity; using the Service to guess passwords is grounds for termination.

Inappropriate postings to newsgroups, chat rooms, electronic bulletin boards and any other public forum on, or using, the Service is grounds for termination.

Clients may not send bulk email of any type other than email to their own subscribers. Safelists or any other rented or purchased lists are not allowed. The email subscriber must have joined your list from your site. Client must include the source of the addressee's address in each email message.

Sites may not use extreme unwarranted CPU usage. This includes usage of "heavy" scripts or Flash/shockwave files. By heavy we mean scripts that place consistent high demands on the server. This includes but is not limited to web traffic management scripts, traffic exchange scripts, surf for hits sites as well as large advertising management scripts or proxy server scripts. No single site may consume 30% of CPU usage for a sustained period of time.

Client may not resell the Service or any portion of the Service.

Client is responsible for protecting passwords and for any authorized or unauthorized use.

Generally the Client may not with out permission have sound/video files in any format (MP3, ASX, ASF, RA, RAM , QTV etc.) due to the high rate of illegal transfer of copy written material. Even with permission, there is a 5 file maximum on all audio and video files and each file must be smaller than 5 MB due to the demands they place on the server. Any exceptions are noted on the pricing plan.

Client agrees to provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material that Client publishes via any Service.

Client is responsible for all content or information residing on, or obtained or transmitted via, the Service, regardless of whether such use is by Client.

Client may not use disk space as a file repository, or dump site. This includes but is not limited too; warez, serialz, sound files, applications, zip files. This includes using the space in order to store content used on other sites (remote linking). Examples of this would be using the web space to store images for auction descriptions, flash or any other files used on another site but stored on our server. This also includes the hosting of 'sig' images for use on message boards. Client may not exceed disk space allocated in hosting package. If Client exceeds the storage space specified in the hosting packaged, the account may be terminated.

We do not permit the free giving or selling of POP email accounts or the issuing of free hosting. This includes near free (1 penny per year for instance) and any other form of paid email services.

Client may not use account to park domains. You MUST have an actual website to go with each of your domain names.

Client agrees that it shall defend, indemnify, save and hold ATL harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees associated with ATL's development of the Client's web site. This includes Liabilities asserted against ATL, its subcontractors, its agents, its Clients, officers, directors and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assignees.

Client also agrees to defend, indemnify and hold harmless ATL against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client's web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.

The Client agrees that it is responsible for complying with the laws, taxes, and tariffs related to e-commerce, and will hold harmless, protect, and defend ATL and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client's use of Internet electronic commerce.

Author also understands that ATL can not provide legal advice.

Any copyrights to the finished assembled custom software produced by ATL and graphics shall be vested with the Client upon final payment for the project. This ownership is to include the produced html code, graphics (not including ATL copyrighted graphics), and any program(s) specifically purchased on behalf of the Client for completion of this project. ATL retains the copyrights to its source code with exception to html generated for display on the World Wide Web.

Client agrees that ATL may put a byline on the bottom of their web page establishing design and development credit. Client also agrees that the web site created for the Client may be included in ATL's portfolio.

ATL, its employees and subcontractors agree that, except as directed by the Client, will not at any time during or after the term of this agreement disclose any confidential information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about ATL to another party.

Any disputes in excess of $1,000 (or the maximum limit for small claims court) arising out of this Agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon Arbitrator suitor pursuant to the rules of the American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Author shall pay all arbitration and court costs, reasonable attorney's fees and legal interest on any award or judgment in favor of ATL.

This contract constitutes an agreement between ATL and the Client regarding a purchased product and/or service. It becomes effective when the purchase is complete. It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Client and ATL.

Both parties warrant that they have read and understand the terms set forth in this agreement.

It is the Clients repsonsibility to check the ATL web site for updates to this agreement.

This agreement shall be governed and construed in accordance with the laws of the State of California.