PiviksNetwork Terms of Service

This is PiviksNetwork Service Agreement Version 1.0

1. INTRODUCTION. In this Service Agreement ("Agreement"), "you" and "your" refer to each customer ("Customer") and its designated agents, and "we", "us" and "our" refer collectively to PiviksNetwork. This Agreement explains our obligations to you, and your obligations to us in relation to the PiviksNetwork's service(s) you purchase. By purchasing PiviksNetwork service(s) you agree to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional PiviksNetwork service(s) or to modify or cancel your PiviksNetwork service(s) (even if we were not notified of such authorization), this Agreement covers any such service or actions. Any acceptance of your application(s) or requests for our services and the performance of our services will occur at our offices in Casper, Wyoming.

2. VARIOUS SERVICES. Sections 1 through 26 apply to any and all PiviksNetwork services that you purchase. The terms and conditions set forth in Schedules A through B of this Agreement apply only to customers who have purchased the PiviksNetwork services referenced in those Schedules. In the event of any inconsistency between the terms of Sections 1 through 26 and the terms of Schedules A through B, the terms of Schedules A through B shall control with regard to the applicable PiviksNetwork service.

3. FEES, PAYMENT AND TERM OF SERVICE. As consideration for the services you purchased, you agree to pay PiviksNetwork the applicable service(s) fees set forth on our Web site at the time of your selection, or, if applicable, upon receipt of your invoice from PiviksNetwork. All fees are due immediately and are non-refundable, except as otherwise expressly noted in one or more of Schedules A through B. Unless otherwise specified herein or on our Web site, each PiviksNetwork service is for a one-year initial term and renewable thereafter for successive one year terms, as set forth during the renewal process. Any renewal of your services with us is subject to our then current terms and conditions, including, but not limited to, successful completion of any applicable authentication procedure, and payment of all applicable service fees at the time of renewal. Except with respect to service to which you subscribe on a monthly basis, we will endeavor to provide you notice prior to the renewal of your services at least fifteen (15) days in advance of the renewal date. Additional payment terms may apply to the PiviksNetwork services you purchase, as set forth in the applicable Schedules to this Agreement. We may provide you with an opportunity to "opt in" to our automatic renewal process in accordance with the instructions (and subject to your agreement to the terms and conditions pertaining to that process) on our Web site. In any event, you are solely responsible for the credit card information you provide to PiviksNetwork and must promptly inform PiviksNetwork of any changes thereto (e.g., change of expiration date or account number). In addition, you are solely responsible for ensuring the services are renewed. PiviksNetwork shall have no liability to you or any third party in connection with the renewal as described herein, including, but not limited to, any failure or errors in renewing the services. You agree to pay all value added, sales and other taxes (other than taxes based on PiviksNetwork income) related to PiviksNetwork services or payments made by you hereunder. All payments of fees for PiviksNetwork services shall be made in U.S. dollars. Set up fees, if any, will become payable on the applicable effective date for the applicable PiviksNetwork services. All sums due and payable that remain unpaid after any applicable cure period herein will accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less.

4. ACCURATE INFORMATION. You agree to: (1) provide certain true, current, complete and accurate information about you as required by the application process; and (2) maintain and update according to our modification procedures the information you provided to us when purchasing our services as needed to keep it current, complete and accurate. We rely on this information to send you important information and notices regarding your account and our services. You agree that PiviksNetwork (itself or through its third party service providers) is authorized, but not obligated, to use Coding Accuracy Support System (CASS) certified software and/or the National Change of Address program (and/or such other systems or programs as may be recognized by the United States Postal Service or other international postal authority for updating and/or standardizing address information) to change any address information associated with your account (e.g., registrant address, billing contact address, etc.), and you agree that PiviksNetwork may use and rely upon any such changed address information for all purposes in connection with your account (including the sending of invoices and other important account information) as though such changes had been made directly by you.

5. PRIVACY.  See our privacy policy at http://www.piviksnetwork.com/privacy/default.asp

6 . EXCLUSIVE REMEDY. YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY PIVIKSNETWORK SERVICE(S) PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE(S) DURING THE TERM OF THIS AGREEMENT. IN NO EVENT SHALL PIVIKSNETWORK, ITS LICENSORS AND CONTRACTORS (INCLUDING THIRD PARTIES PROVIDING SERVICES AS PART OF THE SUBSCRIPTION SERVICE FOR WEBSITES FROM PIVIKSNETWORK) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF PIVIKSNETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN PIVIKSNETWORK LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES. PiviksNetwork and its licensors and contractors disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data miss-delivery; (3) loss or liability resulting from acts of god; (4) loss or liability resulting from the unauthorized use or misuse of your account number, password or security authentication option; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your web site or your PiviksNetwork web site; (8) loss or liability from your inability to use our e-mail service or any component of the subscription service (for websites from Piviksnetwork);

7. DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF OUR SERVICE(S) OR OUR LICENSORS' SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL OF SUCH SERVICES ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. WE AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER PIVIKSNETWORK NOR OUR LICENSORS MAKE ANY WARRANTY THAT SERVICE(S) LICENSED HEREUNDER WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE OR OUR LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

8. INDEMNITY. You agree to release, indemnify, defend and hold harmless PiviksNetwork, and any of our (or their) contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (a) this Agreement or the breach of your warranties, representations and obligations under this Agreement, (b) the PiviksNetwork services or your use of such services, including without limitation infringement or dilution by you, or someone else using our service(s) from your computer, (c) any intellectual property or other proprietary right of any person or entity, (d) a violation of any of our operating rules or policies relating to the service(s) provided, (e) any information or data you supplied to PiviksNetwork, including, without limitation, any misrepresentation in your application, if applicable, (f) the inclusion of meta-tags or other elements in any website created for you or by you via the PiviksNetwork services, or (g) any information, material, or services available on your  Web Site . When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. We shall have the right to participate in any defense by you of a third-party claim related to your use of any of the PiviksNetwork services, with counsel of our choice at our own expense. We shall reasonably cooperate in the defense at your request and expense. You shall have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of this Agreement.

9. TERMINATION.

a.      By You. You may terminate this Agreement upon at least thirty (30) days written notice to PiviksNetwork for any reason.

b.      By Us. We may terminate this Agreement or any part of the PiviksNetwork services at any time in the event you breach any obligation hereunder, fail to respond within ten (10) calendar days to an inquiry from us concerning the accuracy or completeness of the information referred to in Section 4 of this Agreement, or if we determine in our sole discretion that you have violated the PiviksNetwork Acceptable Use Policy, incorporated herein and made part of this Agreement by reference. The current version of the PiviksNetwork Acceptable Use Policy may be found at our Web Site: http://www.piviksnetwork.com/legal/aup.asp.

c.      Effect of Termination. PiviksNetwork will cease charging your credit card, if applicable, for any monthly service fees as of the expiration of the monthly billing cycle in which the termination is effective. Unless otherwise specified in writing by PiviksNetwork, you will not receive any refund for payments already made by you as of the date of termination, and, you may incur additional fees (in the case of a monthly or annual subscription being paid over time, as provided in various Schedules below). If termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs PiviksNetwork incurs in closing your account. You agree to pay any and all costs incurred by PiviksNetwork in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the PiviksNetwork service, if applicable. In addition to the terms set forth herein, certain PiviksNetwork services may have additional terms regarding termination, which are set forth in the applicable Schedule.

10. REPRESENTATIONS AND WARRANTIES. You agree and warrant that: (i) neither your registration nor use of the any of the PiviksNetwork services nor the manner in which you intend to use such PiviksNetwork services will directly or indirectly infringe the legal rights of a third party, (ii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder, (iii) you are of legal age to enter into this Agreement (or you are at least 13 years of age and have your parents' permission to apply for services hereunder); and (iv) you agree to comply with all applicable laws and regulations.

11. MODIFICATIONS TO AGREEMENT. Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and/or (2) change part of the services provided under this Agreement at any time. Any such revision or change will be binding and effective 30 days after posting of the revised Agreement or change to the service(s) on PiviksNetwork's Web sites, or upon notification to you by e-mail or United States mail. You agree to periodically review our Web sites, including the current version of this Agreement available on our Web sites, to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice. Notice of your termination will be effective on receipt and processing by us. Any fees paid by you if you terminate your Agreement with us are nonrefundable, except as noted in one or more of Schedules A through B, but you will not incur any additional fees. By continuing to use PiviksNetwork services after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes. We are not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you may use to apply for our services; or in (ii) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of PiviksNetwork is authorized to alter or amend the terms and conditions of this Agreement.

12. ACCOUNT ACCESS. To access or use the PiviksNetwork services or to modify your account, you may be required to establish an account and obtain a login name, account number, password and/or pass phrase. You authorize us to process any and all account transactions initiated through the use of your login name, account number, password and/or pass phrase. You are solely responsible for maintaining the confidentiality of your login name, account number, password and pass phrase. You must immediately notify us of any unauthorized use of your login name account number, password or pass phrase, and you are responsible for any unauthorized activities, charges and/or liabilities made on or through your login name account number, password or pass phrase. In no event will we be liable for the unauthorized use or misuse of your login name, account number, password or pass phrase or security authentication option.


13. RESERVED.

14. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to register you for PiviksNetwork service(s). In the event we do not register you for PiviksNetwork service(s) within such thirty (30) calendar day period, we agree to refund any applicable fee(s) you have paid. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register you for PiviksNetwork service(s).

15. NOTICES AND ANNOUNCEMENTS. (a) Except as expressly provided otherwise herein, all notices to PiviksNetwork shall be in writing and delivered to PiviksNetwork, Attention: Legal Department, 406 East M Street, Casper, Wyoming 82601. All notices to you shall be delivered to your mailing address or e-mail address as provided in your account information (as updated by you pursuant to this Agreement). Either of us may change our respective address by written notice delivered to the other party. All notices hereunder must be sent in writing (which shall include e-mail only where expressly provided for herein). All notices delivered in writing (and not via e-mail) hereunder must be sent by either overnight courier or certified mail, return receipt requested. (b) You authorize us to notify you as our customer of information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails, telephone calls and other notices describing changes, upgrades, new products and services or other information pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters.

16. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.

17. ENTIRE AGREEMENT. You agree that this Agreement, the rules and policies incorporated by reference in this Agreement (including, without limitation, the dispute policy and the privacy statement) are the entire, complete and exclusive agreement between you and us regarding our services and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement, including, without limitation, any purchase order provided by you for the Services.

18. ASSIGNMENT AND RESALE. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. You agree not to resell any of the Services without PiviksNetwork's prior express written consent.

19. GOVERNING LAW.

a.      You and PiviksNetwork agree that this Agreement and any disputes hereunder including disputes related to the services provided under Schedules A through B shall be governed in all respects by and construed in accordance with the laws of Wyoming, United States of America, excluding its conflict of laws rules.

b.     The parties hereby waive any right to jury trial with respect to any action brought in connection with this Agreement.

c.      The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

20. AGREEMENT TO BE BOUND. By applying for a PiviksNetwork service(s) through our online application process or otherwise, or by using the service(s) provided by PiviksNetwork under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.

21. INDEPENDENT PARTIES. Neither party nor their employees, consultants, contractors or agents are agents, employees or joint ventures of the other party, and they do not have any authority to bind the other party by contract or otherwise to any obligation. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

22. WAIVER. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of PiviksNetwork. The remedies of PiviksNetwork under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.

23. EXPORT RESTRICTIONS. You acknowledge and agree that you shall not import, export, or re-export directly or indirectly, any commodity, including your products incorporating or using any PiviksNetwork services in violation of the laws and regulations of any applicable jurisdiction.

24. FORCE MAJEURE. Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Piviksentwork.com may immediately terminate this Agreement.

25. HEADINGS. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

26. SURVIVAL. In the event this Agreement terminates as provided herein, Sections 1, 2, 3, 6, 7, 8, 9(c), 13, and 15 through 26 of this Agreement shall survive such expiration or termination.

SERVICE SPECIFIC TERMS: The following terms apply in addition to Sections 1 through 26 only if you have selected the particular service described:

 

SCHEDULE A TO PIVIKSNETWORK SERVICE AGREEMENT
E- MAIL SERVICES


1. Description of Service. PiviksNetwork is providing you with the capability of sending and receiving electronic mail via the Internet. You must: (a) provide all equipment, including a computer and modem, necessary to establish a connection to the Internet; and (b) provide for your own connection to the Internet and pay any telephone service fees associated with such connection. PiviksNetwork has set no fixed upper limit on the number of messages you may send or receive through the e-mail service; however, PiviksNetwork retains the right, at PiviksNetwork's sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our services to other customers and to protect our computer systems. We, in our sole discretion, will determine whether or not your conduct is consistent with this Agreement and any PiviksNetwork operating rules or policies and may suspend or terminate your e-mail service if your conduct is found to be inconsistent with this Agreement or such rules or policies. The e-mail service is subject to scheduled (from 12:01am eastern United States time to 2:00 am eastern United States time every Saturday) and unscheduled outages that will impact your ability to use the service. We will use commercially reasonable efforts to restore the service after any unscheduled outages. Moreover, in order to receive the e-mail service we must host your domain name record. If you transfer your domain name record to a third party in conjunction with a live web site or for any other reason or allow your domain name registration to expire, you will no longer be able to use the e-mail service. We will not refund the fees you paid for our e-mail service if you elect to transfer your domain name record to a third party.


2. Additional Storage. PiviksNetwork may make available to you the ability to purchase additional storage for a particular e-mail box in the specific increments described on our Web site. The additional storage will be attributed to the e-mail box designated by you during the application process, and your designation cannot be changed once made. The term of the additional storage services will run concurrently with the then-remaining term of the domain name to which the designated e-mail box(es) is/are associated, and the price of the additional storage services will be prorated accordingly (unless the designated e-mail box(es) is/are associated with a domain name that is part of a monthly service, in which case the monthly price will be added to the monthly invoices for that monthly service). Termination or transfer of the domain name registration associated with the e-mail box(es) to which the additional storage is/are attributed, will result in the termination of both the e-mail box(es) and any related additional storage services, and such termination shall be without refund of any fees paid. Unless provided otherwise on our Web site, in no event may a customer have more than 100 Megabytes of total data storage.

4. Privacy. PiviksNetwork will not monitor, edit or disclose the contents of your private communications with third parties unless required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the law or comply with legal process served on PiviksNetwork; (b) protect and defend the rights or property of PiviksNetwork; or (c) act under exigent circumstances to protect the personal safety of our customers or the public. You acknowledge and agree that PiviksNetwork neither endorses the contents of any of your communications nor assumes responsibility for such content, including but not limited to any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. You acknowledge and agree that certain technical processing of e-mail messages and their content may be required to: (a) send and receive messages; (b) conform to connecting networks' technical requirements; (c) conform to the limitations of the e-mail service; or (d) conform to other similar requirements.

5. Customer Conduct. You agree to be bound by the applicable provisions of the PiviksNetwork Acceptable Use Policy, incorporated herein and made part of this Agreement by reference, in connection with your use of the services described in this Schedule.


 

SCHEDULE B TO PIVIKSNETWORK SERVICE AGREEMENT
WEB SITES FROM PIVIKSNETWORK


1. Definitions. For purposes of this Schedule, the following capitalized terms shall have the meanings ascribed to them below:

a.      "Subscription Service" means any of the PiviksNetwork subscription service packages that are available for purchase by end users on a monthly basis, for a monthly fee, on a quarterly basis, for a quarterly fee, or on an annual basis, or for an annual fee, the Web Hosting Service, all as described on the PiviksNetwork Web site" located at the URL http://www.piviksnetwork.com.

b.      "Web Hosting Service" means the Web hosting services provided by PiviksNetwork as part of a Subscription Service.

2. Payment.

PiviksNetwork, in its sole discretion, shall determine the prices it will charge for the Subscription Service, and the terms and conditions applicable to the same, and PiviksNetwork may, upon providing thirty (30) days' notice to you, amend such pricing and/or terms and conditions. If you do not agree to the change(s), you may terminate your Subscription Service as provided herein within that thirty (30) days; otherwise all such changes shall thereafter be effective with respect to your account, and you agree that we are authorized to charge your credit card for the new monthly, quarterly or, annual Subscription Service fee.

3. Charges for Excess Hosting Space Usage. If you are purchasing a Web Site or  Subscription Service, the amount of hosting space included with your purchase shall be as set forth on our web site located at the URL www.piviksnetwork.com (the "Maximum Hosting Space"). You agree that in the event you exceed the Maximum Hosting Space, PiviksNetwork may, in its sole discretion, (i) charge you, and you agree to pay, an overage fee for any such excess usage as set forth on the www.piviksnetwork.com web site; or (ii) terminate your Web Site and/or Subscription Service (as applicable), and all related services.

4. Conduct. You agree to be bound by the applicable provisions of the PiviksNetwork Acceptable Use Policy, incorporated herein and made part of this Agreement by reference, in connection with your use of the services described in this Schedule.

5. Term and Termination.

a.     Term . Your Subscription Service shall be on a month-to-month basis for successive monthly periods, a quarter-to-quarter basis for successive quarterly periods, or a year-to-year basis for successive annual periods unless either party notifies the other of termination in accordance with this Agreement.

b.     Notice of Service Cancellation by You. Unless terminated earlier as provided herein, this Schedule, and the Agreement if you have no other services with PiviksNetwork, will be terminated as of the cancellation of your Subscription Service and/or Web Site.

     Survival . In the event of expiration or termination of this Schedule or the Agreement for any reason, Sections 1 and 5 of this Schedule shall survive.