BigBiz Internet Services Web Hosting Reseller Agreement (this page last revised on Saturday February 26, 2000)

This BigBiz Internet Services Web Hosting Reseller Agreement ("Agreement") is between BigBiz Internet Services ("BigBiz"), a California corporation, and the BigBiz Authorized Reseller ("Reseller") _______________ , a _________________ corporation , with headquarters at:

Reseller Name ____________________________________

Last Name/First __________________________________

Street ___________________________________________

City _____________________________________________

State ____________________________________________

Zip code _________________________________________

Country __________________________________________

Daytime phone ____________________________________

Fax ______________________________________________

e-mail ___________________________________________

to provide Virtual Web Hosting ("Hosting") to Reseller and Reseller clients on BigBiz's network of shared servers.

1. Qualification - Reseller must be a BigBiz client with a domain account. Accounts set up by Reseller are subject to the terms and conditions of service of the BigBiz Virtual Web Hosting Agreement ("Hosting Terms").
   
   
2. Relationship - Reseller is an independent contractor and not a partner, joint venture, franchisee, agent, or employee of BigBiz. Reseller shall not represent their relationship with BigBiz as anything other than an independent contractor or reseller. As well, BigBiz shall not refer to Reseller as anything other than a reseller, independent contractor, consultant, or other designation as expressed by Reseller and agreed upon by BigBiz.
   
   
3. Billing - BigBiz will bill Reseller all services. Reseller is responsible for billing Reseller's clients. Reseller is solely responsible for income, taxes and expenses related to this Agreement. Bills for partial periods shall be prorated.
   
   
4. Discount Structure - Discounts from the BigBiz list prices shall be as stated in Exhibit A. BigBiz reserves the right to change the (i) list prices at any time with notice to Reseller and; (ii) discount structure at any time with thirty (30) days advance notice to Reseller.
   
   
5. Account Set-up - In order to ensure that Reseller is properly credited for setting up accounts, Reseller must provide BigBiz with a signed copy of the Hosting Terms to BigBiz with their company name as listed above clearly indicated.
   
   
6. Account Cancellations - Reseller must submit a signed statement to BigBiz specifying the date of account termination and web site address to be terminated.
   
   
7. Marketing - Resellers may use the BigBiz, and BigBiz Authorized Reseller Logos on their web site and on advertisements. To maintain the quality of BigBiz's advertising and promotional materials, Resellers must submit a copy of any such web pages or advertisements for approval prior to publication. BigBiz review use of logo and notify Resellers of approval within two business days of submission.
   
   
8. Termination - Either party may terminate this agreement at any time for any or no reason in such party's sole discretion.
   
   
9. Content - Although BigBiz has a policy of not monitoring or policing the content you place on our servers, when questionable material comes to BigBiz's attention, BigBiz reserves the right to remove without notice any content that, in BigBiz's sole opinion, may result in a violation of any federal, state, common or international laws or regulations or that may be offensive to BigBiz or to other users.
   
   
10. Waiver of implied warranties - With respect to the Hosting, BigBiz provides services to Reseller and Reseller clients on an "as is" basis. BIGBIZ EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    
    
11. Waiver of Damages - BigBiz assumes no liability for any loss, injury, claim, liability or damage of any kind including loss of business, lost profits, lost data, or failure of security resulting in any way from Reseller's or Reseller clients' use of the Hosting, including without limitation any errors or omissions, any content, any delay or failure of performance, or the unavailability or interruption of service. Accordingly, BIGBIZ SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT FORSEEABLE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE WEB HOSTING SERVICES OR THE FAILURE OF A PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY PARTY'S NEGLIGENCE. RESELLER ALSO AGREES TO INDEMNIFY AND HOLD HARMLESS BIGBIZ FROM ANY CLAIMS RESULTING FROM THIS AGREEMENT. Termination of this Agreement shall be Reseller's sole and exclusive remedy for any and all damages or injury.
    
    
12. General - If any provisions of this Agreement are deemed invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. BigBiz's failure to enforce any provision of this Agreement shall not constitute or be construed as a waiver of that provision or of the right to enforce it at a later time. This Agreement shall be governed by the laws of the State of California. This Agreement contains the entire understanding between BigBiz and Reseller for provision of Hosting. This Agreement supersedes and cancels any and all prior and contemporaneous oral and written understandings or agreements on this subject matter, except the Hosting Terms. Continued use of BigBiz constitutes continued acceptance of this Agreement, including any and all modified terms.
    
    

Reseller 

By ____________________________		Date __________


BigBiz Internet Services


By ____________________________		Date __________

Exhibit A