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This is an agreement between you, , and Polaris Consulting regarding designing and hosting your Internet services. Our intent is to have a clear understanding of our mutual obligations and to help ensure that our business relationship will remain enjoyable and profitable for each of us.

We will design your Web site using several software packages which allow both exact placement of objects and graphics on the page and specific control over the actual html coding.

You have considerable control over the design of your Web site, including the use of graphics, logos, and navigation tools. In the end, the design will reflect your wishes and business interests.

Your Web site will physically reside on a Dynapolis server. The address for your site will be:

If you would like, you can reserve a domain name for your organization, such that your web site address becomes:

If you choose this option, we will work with you to find a domain name which is available and will register that name with InterNIC, the national domain name organization. InterNIC will bill you directly for $70 to cover name reservation fees for two years, and $35 a year after that.

Some older versions of Web browsers – AOL before version 3.0, Netscape Navigator and MS Internet Explorer before version 2, and others – do not support an information field essential in directing those visitors to your site. If a visitor is using one of these older browsers, they will be presented with a page from which they can choose your site and proceed with their visit. In essence they have one additional step to take when searching for your site. We estimate that fewer than 3% of your visitors use these older browsers and this number will diminish over time.

You own and can copyright the Web pages presented on your site, provided that they do not include material copyrighted by some other party.

By submitting materials for your Web site to us, you are assuring us that you have the legal right to use all of those materials and their contents. If someone else claims that those materials infringe on any rights they have (including copyright or other intellectual property rights), you agree to indemnify us for any expenses or liabilities we incur as a result of that claim (including our attorney’s fees). This indemnity applies whether or not the claim has merit. This indemnity continues, even after this Agreement is terminated by either of us.

You also own the source code (HTML programming information) which makes up your site. Subject to the section on terminating this Agreement, you can ask for and receive the source files and other material used in producing your site. We cannot use your material or source code for any other client without your permission.

We are aware that there is available on the Internet a great deal of sexually explicit material, and material that generally can be described as "hate-speech." We do not wish to participate in adding any more such content on the Internet. So, we will not accept any material that we consider, in our sole discretion, to be offensive. The inclusion of any such content in your Web site materials, or the presence of hyperlinks to such materials will be a breach by you of this Agreement.

In addition to your Web site, we may agree together to offer one or more e-mail lists for use with your members, customers, officers, committees, or others. These e-mail lists may take several forms:

• Announcement list – where one (or several) key people can send a broadcast message to a list of subscribers
• Public discussion list – where any member of the list can post messages which go to the entire list of subscribers, and you allow members of the public to subscribe to this list without screening
• Private discussion list – where any member of the list can post messages which go to the entire list of subscribers, but membership in the list is controlled by you.
• Moderated discussion list – where each message to the list is reviewed and approved by a moderator before it is distributed to the subscribers.

In general we will be responsible for setting up the list, configuring it to work in the manner you wish, and testing its functions. In general, you will be responsible for watching over the messages on this list, moderating when necessary, and maintaining standards of decorum and protocol. We can, by our mutual agreement, shift these responsibilities if you wish.

You own the email addresses and names which make up the subscribers of any list we host for you. We may not use those addresses for any other purpose than to support your organization, without your prior, written permission.

Subject to the section on terminating this Agreement, you can ask for and receive the computer files with the addresses and names from your lists.

We have agreed that you will pay Polaris Consulting according the list of services and fees on Schedule A.

We may agree on additional features and services in connection with this site, and the fees associated with these changes. They may include design and set-up fees, and may also include a change to the quarterly hosting/maintenance fees. Any agreement between us regarding additional services must be listed in a revised Schedule A, dated and signed by both of us.

Either of us may terminate this Agreement, for any reason, or no reason, by giving 30 days notice to the other. Once the termination notice has been given, we have until the end of the notice period to provide you with your materials, source code, and NetObjects Fusion files. In addition, we may terminate this Agreement immediately, and immediately cease providing services to you, in the event that you breach any provision of this Agreement.

Examples of a breach include a failure to pay for services (by, for example, canceling your credit card authorization or disputing a valid credit card charge), using materials that are subject to the copyright or intellectual property rights of others, or submitting "offensive" materials, as described above.

In the event of a termination resulting from your breach, we will provide you with your materials, source code, and relevant graphics files within 30 days of our receipt of your payment in full of all fees then owing, if any.

We and our Internet connection hosts make every reasonable effort to keep our server and your site up and available 24 hours per day, seven days per week. There are occasions, however, when actions or problems, including problems with our upstream provider or the telephone network, temporarily prevent access to our sites, or otherwise interfere with the presentation and availability of your Web site. If, for any reason, your site cannot be accessed for more than 48 continuous hours, we will credit your account for the pro rata portion of your hosting fee represented by the service interruption.

The credit to which you are entitled shall be your sole remedy in the event of service interruption from any cause whatsoever. The credit will be in lieu of any other remedy for damages to which you might otherwise be entitled under law. Under no circumstances will we be liable for any consequential, exemplary, or punitive damages, nor for any lost profits, income or opportunities, arising out of any alleged breach by us of this Agreement. We make no other warranty except as is specifically described in this Agreement, and no additional warranties are implied by or may be inferred from the terms of this Agreement.

In the event of any dispute between us arising out of this Agreement or the services which we will be providing, you and we agree to submit the dispute to binding arbitration in Alameda County, California, in accordance with the arbitration rules of Judicial Arbitration and Mediation Services/Endispute. The arbitration fee shall be shared equally between us. Each party shall be responsible for its own attorneys’ fees and expenses.

This Agreement

1. contains the entire Agreement between us regarding the services to be provided,
2. may be amended or modified only by a written document signed by both of us, and
3. will be governed by and construed in accordance with California law.

POLARIS CONSULTING

By

DOUGLAS GENTRY, Principal

Date:

<client>

By

Date:

One-time design and set-up fee, payable once the site is accessible to the public.

Per quarter hosting fee, payable on the first day of the first month of the quarter for

which hosting is performed. This covers the Internet connection and minor (less than

one hour per month) maintenance activities on your site and storage of up to 500 photo images .

Per quarter hosting fee addition: For storage and access for additional 500 photo images

Per hour of maintenance work on your site, in excess of one hour per month

To design and set-up a database connection to your site for purposes of displaying or

updating information in the database through your web site.

Per quarter hosting/maintenance fee for database and Web access to database.

Set-up fees per email list

Per quarter hosting fees per email list.

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