Splash100.com e-COMMERCE SERVICES

For the Splash100.come-Commerce Website Services, along with the Services Agreement located at www.Splash100.com/legal, the following additional terms and conditions also apply (collectively, the “Agreement”):

In conjunction with Splash100.com’s e-Commerce Website Services, Splash100.com will provide a software program (“Software”) that enables you to build an on-line store (the “Store”) through which you can sell your products and services on-line. Splash100.com or their affiliates also provides other related services, including hosting of the Store, site design, email services, marketing services, domain name registration, and other such services, that along with the Software, may be offered to you (collectively, the “e-Commerce Services”).

The Agreement is effective upon your use of the Software, whereby subject to all of the terms and conditions of this Agreement, Splash100.comwill provide you with a limited license to use the Software. Subject to the terms and conditions of the Agreement, Splash100.comshall grant to you a non-exclusive, non-transferable, revocable, limited license to remotely access and use the Software on servers operated by or for Splash100.com(“Splash100.com Servers”) through a Splash100.com website (the “Splash100.com Site”) solely for the purpose of building, maintaining, and hosting the Store on which you offer products or services. The Store shall be hosted on a Splash100.com Server on which several merchants may share the resources and network capacity of that Splash100.com Server. You authorize Splash100.comto process any and all of your account transactions initiated through the use of the password and/or passphrase that you establish through registration on the Splash100.com Site and activation of your e-Commerce Services account and you are solely responsible for maintaining the confidentiality of such password and/or passphrase.

Whenever or wherever open source software is used, use will be subject to all terms and conditions of open source licensing including General Public License (GNU). Open source licenses may be viewed at http://www.opensource.org/licenses.

Upon activation of your e-Commerce Services account and subject to the payment of applicable fees, Splash100.com will also provide certain hosting, support and other e-Commerce Services to you during the term of this Agreement. Subject to payment of applicable fees, Splash100.com will provide design and customization Services for your Store as provided herein and in accordance with this Agreement and Splash100.com’s then current customization terms and policies. You shall provide all Content for the Store, such as text, music, sound, photographs, video, graphics, logo data, software, design, and related information in a format and within a time period designated by Splash100.com.

Splash100.com reserves the right to change, amend and/or otherwise alter the Services provided with equivalent or otherwise equal Services without prior notice to you. You agree to receive administrative communications from Splash100.com in regards to the Software, Services, your account, policy changes and system updates.

For the e-Commerce Services and Software license, Splash100.com will invoice you and you agree to pay (i) all non-refundable recurring subscription and other annual or one-time fees, in advance, for the license of Software and e-Commerce Services to be rendered to you by or on behalf of Splash100.com during the upcoming billing period, and (ii) all transaction fees and all other fees designated to be paid in arrears based on the value of goods and services sold through your Store during the previous billing period in the following month, and further in accordance with the invoicing and payment requirements. Splash100.com will debit all fees payable by you to Splash100.com directly from the credit card or PayPal account designated by you when you register for your e-Commerce Services account in order to receive a license to the Software.

Additionally, the license for Software and e-Commerce Services may require you to use PayPal as the Payment Solution for your Store. Using PayPal as a “Payment Solution” means that you use PayPal exclusively to process on-line payments from your Store customers. Other licenses will have the option of using PayPal as a Payment Solution or a “Payment Mark” or you may choose not to use PayPal. Using PayPal as a Payment Mark means that you are providing PayPal as a payment option to customers of your Store in conjunction with a third party on-line payment processing solution. In order to use PayPal with your Store, you are required to sign up for a Business or Premier PayPal account and comply with the PayPal User Agreement, PayPal Privacy Policy and other related terms, conditions, rules and policies.