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Order, Acceptance and Service

When Accepted by Effervescent Communications, the Order submitted by Customer creates a contract between Customer and Effervescent Communications, consisting of the Order, the applicable Service Description and these Terms of Service. An Order is "Accepted" by Effervescent Communications when

(i) With respect to Orders submitted online, Effervescent Communications provisions Services in response to the order or bills Customer for payment and

(ii) With respect to Orders reduced to writing and signed on an approved Effervescent Communications form, when an authorized representative of Effervescent Communications executes and delivers such form signed by Customer.

Effervescent Communications will provide, and Customer will purchase and pay for, the Services specified in the Order for the service fees specified in the Order and the applicable Service Description (the "Service Fees").

In connection with any Hosting Services, Customer will not use storage space in excess of the storage limits established for the Services in the Service Descriptions, plus any storage space purchased by Customer. If Customer uses storage space in excess of such amounts, Effervescent Communications may, without limiting its other rights or remedies, assess Customer with additional fees.

In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds the limit, Customer will pay Effervescent Communications such additional fees as may be specified in the Service Description.

Fees, Taxes and Payment. Customer will pay to Effervescent Communications the Service Fees in the manner set forth in the Order. Effervescent Communications may increase the Service Fees (i) in the manner permitted in the Service Description and (ii) at any time on or after expiration of the Initial Term by providing ten (10) days prior written notice thereof to Customer. The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on Effervescent Communications's net income). All such taxes will be added to Effervescent Communications's invoices for the Service Fees as separate charges to be paid by Customer. All fees are fully earned when due and non-refundable when paid. Unless otherwise specified, invoices for the Service Fees and related charges shall be due and payable within 30 days after the date of the invoice. Any amounts payable to Effervescent Communications not paid when due will bear interest at the rate of one and one half percent (4.5%) per month or the maximum rate permitted by applicable law, whichever is less. If Effervescent Communications collects any payment due at law or through an attorney / lawyer at law or under advice there from or through a collection agency, Customer will pay all costs of collection, including, without limitation, all court costs and reasonable attorneys' / lawyer's fees. If any check is returned for insufficient funds, Effervescent Communications may impose a processing charge of $20.

Hosting Services will commence on the Effective Date indicated in the Order and continue for the duration of the Initial Term. Thereafter, the Order will automatically renew for successive periods (i) of twelve months (with respect to Non-Prepaid Plans) or (ii) as specified in the Service Description (with respect to Prepaid Plans) unless the Order is earlier terminated in accordance with its terms, or either party gives written notice to the other party of non-renewal at least 30 days prior to expiration of the then-current term.

Either party may terminate this Agreement immediately upon the occurrence of any one or more of the following events: (i) the other party fails to pay when due any amounts required to be paid under this Agreement; (ii) the other party breaches any material term or provision of this Agreement (other than a breach described in subsection (i) above), and if capable of cure, such breach remains uncured 30 days after the non-breaching party gives written notice thereof to the breaching party; or (iii) the other party becomes insolvent, makes an assignment for the benefit of its creditors, institutes or becomes subject to any proceeding under any bankruptcy or similar laws for the relief of debtors, or seeks the appointment of, or becomes subject to the appoint of, any trustee or receiver for all or any portion of such party's assets.

Effervescent Communications may terminate this Agreement (i) if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable or (ii) immediately if Effervescent Communications determines in good faith that Customer's use of the Customer Web site or the Customer Content violates the Acceptable Use Policy.

Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. The provisions of Sections 3(d), 3(e), 4, 8, 10, 11, 13 and 14 of this Agreement shall survive the expiration or termination of this Agreement for any cause or reason whatsoever, and, notwithstanding the expiration or termination of this Agreement, the parties shall each remain liable to the other for any indebtedness or other liability theretofore arising under this Agreement. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which Effervescent Communications may be entitled.

With respect to Non-Prepaid Plans, within 30 days after the termination of this Agreement, Customer will pay the Termination Charge to Effervescent Communications unless (i) Effervescent Communications terminated the Order under Section 3(c) or (ii) Customer terminated the Order under Section 3(b). With respect to Prepaid Plans, Customer will pay the Termination Charge as provided in the Service Description. The parties agree that the Termination Charge constitutes consideration f