READ THESE TERMS CAREFULLY BEFORE REGISTERING FOR 1NOFRILLS SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES. SUBMISSION OF ANY ONLINE APPLICATION FORM VIA 1NOFRILLS WEB SITE AND YOUR CONTINUED USE OF THE SERVICES INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ, ACCEPTED AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AS SET FORTH HEREIN. WE RECOMMEND PRINTING A COPY OF THIS AGREEMENT FOR YOUR FILES.

DEFINITIONS

‘Plan’ means a proposal for offering various services to be provided by 1NOFRILLS. ‘Plans’ does not include the use of any Intellectual Properties (trademarks, trade names, service marks, logos, other names and marks, and related product and service names, design marks and slogans…) owned by 1NOFRILLS or 1NOFRILLS hosting partners.

‘Customer’ means an end user who is utilizing services provided by 1NOFRILLS.

1. SERVICES

1.1 Hosting Environment. Pursuant to the terms of this Agreement and the Plan selected by Customer, 1NOFRILLS agrees to provide Customer with: (i) space on a server (“Virtual Server”) to host a site on the Internet (“Web Site”), (ii) services to configure the web server and the hosting account for use, (iii) a license to use 1NOFRILLS proprietary software (“Software”), and (iv) various other services as more specifically set forth in Customer’s Plan (collectively, “Services”). Customer hereby agrees that 1NOFRILLS is responsible only for providing the Services set forth in Customer’s Plan and this Agreement, and 1NOFRILLS is not responsible for providing any other services or tasks. After the hosting account is configured, Customer will be solely responsible for all account content management.

1.2 Availability of Web Site. The Web Site shall be generally accessible to third parties via the Internet twenty-four hours a day, seven days a week, except for scheduled maintenance and required repairs, deems reasonably necessary to maintain the continuous operation of the hosting account, and except for any loss or interruption of Services due to causes beyond the control of 1NOFRILLS or which are not reasonably foreseeable by 1NOFRILLS, including but not limited to interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures. Customer acknowledges such maintenance, or loss or interruption or failure of Services, may require Web server and hosting account downtime, and such downtime will not count against any uptime guarantees. 1NOFRILLS will attempt to provide prior notice of maintenance downtime except when circumstances beyond 1NOFRILLS's control limit 1NOFRILLS's ability to do so. PLEASE SEE SECTION 3.2 FOR 95% UPTIME GUARANTEE.

1.3 Caching. Customer grants 1NOFRILLS the rights to cache the entirety of Customer's Web site (including content provided by third parties) hosted by 1NOFRILLS, and agrees such caching is not an infringement of any of Customer's intellectual property rights or any third party's intellectual property rights.

1.4 IP Address Ownership. 1NOFRILLS and/or 1NOFRILLS's service providers shall maintain and control ownership of all IP numbers and addresses that may be assigned to Customer by 1NOFRILLS, and 1NOFRILLS reserves in 1NOFRILLS sole discretion, the right to change or remove any and all such IP numbers and addresses.

1.5 Updates. As part of the Services, 1NOFRILLS shall provide Customer with a system and the necessary Software for Customer to transmit to 1NOFRILLS any revisions, updates, deletions, enhancements or modifications (“Updates”) to the Virtual Server. 1NOFRILLS shall update the Virtual Server provided that (i) Customer is not in default of its payment obligations hereunder, (ii) such Updates are within the scope of this Agreement; and (iii) such Updates are Server Ready (as defined below).

1.6 Other Services. Where data backup and restoration services are a part of 1NOFRILLS' provision of a service, such services are not intended to be a comprehensive disaster recovery solution, and 1NOFRILLS or 1NOFRILLS hosting partners will not be liable for data loss, or for damage to servers or other equipment.

2. TERM AND RENEWAL

This Agreement will begin upon the date Customer registers the Plan (“Initial Term”) and shall continue for a calendar year, unless earlier terminated according to the provisions of Section 7 below. This Agreement will renew automatically on a yearly basis equal to the Initial Term (each, a “Renewal Term”) or Renewal Term unless either party provides notice at least thirty (30) calendar days prior to the end of the Initial Term or Renewal Term, as applicable, that it has elected not to renew the Agreement. For security reasons and the general protection of all Customers, 1NOFRILLS requires all notices not to renew the Agreement, containing the account name, password, reason for cancellation and signature of Customer, be delivered by either email, fax, or express mail to the email address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.

3. LIMITED WARRANTIES

3.1 30-Days Money Back Guarantee. 1NOFRILLS extends an unconditional money-back guarantee to Customer during the first thirty (30) calendar days of the Initial Term (“30-Day Guarantee”). The 30-Day Guarantee shall begin upon completion of the setup of Customer’s Plan. In order to avail itself of the 30-Day Guarantee, Customer must notify 1NOFRILLS by faxing a request with an authorized signature to the email address, fax number, or address most recently provided. Upon receipt, all Services shall be terminated and all fees paid EXCLUDING SETUP FEE AND OVERAGE shall promptly be returned by cheque.

3.2 95% Uptime Guarantee. Subject to the limitations contained herein, 1NOFRILLS hereby warrants that the following services will have an average monthly uptime of no less than 95% as determined exclusively by the http, ftp, Telnet, SSH, SMTP and POP3 (“95% Uptime Guarantee”). The month begins on the first day of each month and continues until the last day of that month. In the event of any loss or interruption of Services resulting in less than 95% uptime and which is due to (i) causes other than scheduled maintenance and required repairs, (ii) causes beyond the control of 1NOFRILLS, or (iii) causes which are not reasonably foreseeable by 1NOFRILLS, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures, Customer shall receive, and 1NOFRILLS’s sole and exclusive liability for any loss or interruption of Services shall be, a credit equal to one month’s Services of the Customer’s present Plan fees. The percentage as provided shall be the sole and final determination of the 95% Uptime Guarantee.

3.3 Price Freeze Guarantee. Provided Customer is at no time in breach of this Agreement, 1NOFRILLS hereby agrees to not raise the fees set forth in Customer’s Plan (“Price Freeze Guarantee”).

4. FEES AND PAYMENT

4.1 Fees. Customer shall pay all fees according to the prices and terms listed in this Agreement and Customer’s Plan. The prices listed in Customer’s Plan at the date of this Agreement shall remain in effect during the Initial Term. Except as provided in the Prize Freeze Guarantee, 1NOFRILLS may change the fees it charges Customer for Plans upon thirty (30) calendar days prior notice to any Renewal Term.

4.2 Payments and Late Payment Charge. Payment for all Set-Up Fees (as set forth in the Plan) shall be due immediately upon Customer’s registration of the Plan. Fees for Services shall be in the amount and frequency set forth in the Plan selected by Customer (“Payment Date”). This Agreement is for the entire Initial Term or applicable Renewal Term and Customer is hereby obligated to pay the fees for the entire amount of the Plan voluntarily selected by Customer. All such fees shall be received at 1NOFRILLS by 2:00 p.m. on the Payment Date. Customer shall pay a late charge of 5% of the amount payable, or the maximum rate permitted by applicable law, whichever is less, on any unpaid amount or fraction thereof that payments are in arrears to 1NOFRILLS. All fees that have not been timely paid may be sent by 1NOFRILLS to a collection agency. Customer agrees to be responsible for paying all costs of collection, including, but not limited to, reasonable attorney’s fees and, where lawful, collection agency fees.

4.3 Cheques or Money Order. Customer may pay fees by cheque or money order in Singapore dollars only. 1NOFRILLS will not accept international cheques in foreign currency. In the event a cheque is returned as unpaid, Customer will be charged a $25.00 returned cheque fee. If due to bank charges, transfer fees, or the like, 1NOFRILLS should receive less than 1NOFRILLS invoice amount, 1NOFRILLS will re-invoice Customer for the shortfall. If Customer fails to pay all fees by the Payment Date, Customer will be sent a suspension of Services e-mail which will grant Customer fourteen (14) calendar days to make payment.

4.4 Pricing Disputes. Customer must notify 1NOFRILLS in writing of any disputed charges within thirty (30) calendar days of the date of the billing for such charges. If Customer does not notify 1NOFRILLS within that time period, Customer has waived any right to dispute such amounts, either directly or indirectly or as a set-off, recoupment or defense in any action or efforts to collect amounts due to 1NOFRILLS.

4.5 Suspension of Services. Failure of Customer to fully pay any fees when due may be deemed a material breach of this Agreement justifying suspension of the performance of Services to Customer at 1NOFRILLS’s sole discretion. Any such suspension of Services does not relieve Customer from the obligation to pay all amounts due 1NOFRILLS under this Agreement for the remainder of the Initial Term or the then applicable Renewal Term. In the event of a suspension of Services and upon a reactivation request by Customer, Customer shall pay 1NOFRILLS a $25.00 reactivation fee in addition to full payment of the outstanding balance due. Reactivation of services will only be performed during 1NOFRILLS’s regular business hours (Monday through Friday, 9:00 a.m. - 6:00 p.m. Singapore Time, excluding holidays).

4.6 Taxes. Customer shall be responsible for paying all taxes of any nature which become due with regard to 1NOFRILLS services, except for taxes on 1NOFRILLS' income, irrespective of which party may be responsible for reporting or collecting such taxes.

5. CUSTOMER’S OBLIGATIONS

5.1 Account Usage. Customer shall not use (i) excessive amounts of CPU processing on Customer's Web server, or (ii) bandwidth or disk usage in excess of the monthly amount ordered. Customer acknowledges that any violation of this policy may result in corrective action by 1NOFRILLS or 1NOFRILLS hosting partners, in 1NOFRILLS sole discretion, including assessment of additional charges or disconnection or discontinuance of any Service or termination of all Services to Customer. PLEASE SEE SECTION 7.2 OF THIS AGREEMENT FOR SPECIFIC TERMINATION FEES AND PROCEDURES FOR CUSTOMER’S VIOLATION OF THIS SECTION.

5.2 Customer Content. Customer shall be solely responsible for (a) the products and all content and materials appearing within the Web site or related to Customer's products; (b) the final calculation and application of shipping and sales tax; (c) accepting, processing, and filling any Customer orders, and for handling any Customer inquiries or complaints arising therefrom; and (d) the security of any Customer credit card numbers and related Customer information Customer may have access to as a result of conducting electronic commerce transactions through the Web server software. 1NOFRILLS reserves the right, in its sole discretion, to exclude or remove from the Web Site any Customer Content for any of the following reasons: (i) inaccuracy and inappropriateness of content and materials appearing within the Web site or related to Customer's products, (ii) 1NOFRILLS has received a significant number of complaints regarding Customer’s failure to be reasonably accessible to its customers or timely fill orders, (iii) Customer has become the subject of a government complaint or investigation, or (iv) any other reason which may violate or infringe any law or third party rights or which otherwise may potentially expose 1NOFRILLS to civil or criminal liability or public ridicule, provided that such right shall not place an obligation on 1NOFRILLS to monitor or exert editorial control over the Web Site. PLEASE SEE SECTION 7.2 OF THIS AGREEMENT FOR SPECIFIC TERMINATION FEES AND PROCEDURES FOR CUSTOMER’S VIOLATION OF THIS SECTION.

5.3 Representations and Warranties. Customer represents and warrants that: (i) Customer has the power and authority to perform its obligations hereunder and the Agreement constitutes a valid and binding obligation enforceable against Customer in accordance with its terms, (ii) Customer has secured all required authorization(s) necessary for hypertext links to third party web sites, (iii) Customer holds all necessary licenses from the required jurisdictions to engage in the advertising and sale of any goods and services which may be offered on the Web Site, (iv) Customer Content does not and will not contain any content, materials, advertising or services that are inaccurate or that infringe on or violate any applicable law, regulation or right of a third party, including, but not limited to, export laws, or any proprietary, contract, moral, or privacy right or any other third party right, and (v) Customer owns the Customer Content or otherwise has the right to place the Customer Content on the Web Site. PLEASE SEE SECTION 7.2 OF THIS AGREEMENT FOR SPECIFIC TERMINATION FEES AND PROCEDURES FOR CUSTOMER’S VIOLATION OF THIS SECTION.

5.4 Acceptable Use of Virtual Server. Customer agrees to comply with all laws, rules, regulations and 1NOFRILLS’s Acceptable Use Policy (“AUP”) found at http://www.best.sg or http://1NOFRILLS.best.sg. The AUP is incorporated herein by this reference and may be updated from time to time by 1NOFRILLS in its sole discretion. Customer acknowledges that it has read and understands the AUP and that Customer has an obligation to periodically review the AUP from time to time. In addition to those activities prohibited in the AUP, Customer agrees not to utilize the Services for any activities that: (i) constitute or encourage a violation of any applicable law or regulation, including but not limited to the sale of illegal goods or the violation of export control or obscenity laws, (ii) defame, impersonate or invade the privacy of any third party or entity, (iii) infringe the rights of any third party, including but not limited to the intellectual property, business, contractual or fiduciary rights of others, (iv) involve the display, sale, distribution or creation of any pornographic, obscene or otherwise offensive goods, services, material or ideas or promote violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (v) modify any 1NOFRILLS copyright notices or scripts without obtaining 1NOFRILLS’s prior written consent, (vi) provide mirroring service for other web sites, (vii) are in any way connected with trolling, mailbombing, IRC Bots, Game-emulators, ROMs or the transmission of “junk mail,” “spam,” the unsolicited mass distribution of e-mail or with any unethical marketing practices, (ix) maintain or provide an image archive or collection for display, (viii) use an email box exclusively as a storage space for data, which includes a mailbox exceeding 30 MB, and (x) the primary website theme is related to professional wrestling, fads, “Top” sites, or otherwise “trendy” websites. In the event any provisions contained in this Agreement conflicts with any terms, conditions or clauses contained in the AUP, the provisions of this Agreement shall govern. PLEASE SEE SECTION 7.2 OF THIS AGREEMENT FOR SPECIFIC TERMINATION FEES AND PROCEDURES FOR CUSTOMER’S VIOLATION OF THIS SECTION.

6. LICENSE AND PROPRIETARY RIGHTS

6.1 Software License. During the Initial Term and any applicable Renewal Term, 1NOFRILLS grants Customer a non-transferable, non-exclusive limited license to use the Software, in object code form only, solely for purposes of using the Services on the Virtual Server. To the extent such Software belongs to a third party, 1NOFRILLS only grants such rights as it is able to under an agreement with the applicable third party. CUSTOMER MAY NOT USE WEB PAGES OR PARTS OF WEB PAGES GENERATED BY MEANS OF THE SOFTWARE ON ANY SERVER OTHER THAN THE VIRTUAL SERVER.

6.2 Software License Restrictions. Customer agrees that it will not, directly or indirectly (and it will not allow others to):

6.2.1 Copy the Software, except as is necessary to install on Hardware and for internal, archival purposes. In the event Customer makes any copies of the Software, Customer shall reproduce all proprietary notices on such copies;

6.2.2 Reverse engineer, de-compile, dissemble, modify or otherwise attempt to derive source code from the Software;

6.2.3 Sell, lease, license, transfer, give possession of, or sublicense the Software or the documentation to others;

6.2.4 Write or develop any derivative or other software programs, based, in whole or in part, upon the Software.

6.3 Proprietary Rights. Customer shall not have any right, title, or interest in the Virtual Server, Software, Hardware, documentation, or any copyrights, patents, trademarks, trade secrets and any other proprietary rights embodied or used in connection therewith, except for the limited license provided in Section 6.1.

6.4 Proprietary Rights of Customer. As between Customer and 1NOFRILLS, Customer’s Contents shall remain the sole and exclusive property of Customer, including, but not limited to, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights. Customer hereby grants to 1NOFRILLS a non-exclusive, worldwide, royalty-free license for the Initial Term and any Renewal Term to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use Customer Content as necessary to render the Services to Customer under this Agreement.

7. TERMINATION OF AGREEMENT

7.1 Termination upon Breach or Insolvency. Subject to Section 7.3 below, this Agreement may be terminated by either party upon written notice, (i) if the other party breaches any obligation hereunder and the breaching party fails to cure such breach within thirty (30) calendar days after such notice, or (ii) if the other party is the subject of a voluntary or involuntary bankruptcy, insolvency, reorganization or liquidation proceeding, makes an assignment for the benefit of creditors or admits in writing its inability to pay debts when due. Notwithstanding the foregoing, this Agreement may be terminated by 1NOFRILLS at any time upon written notice to Customer if Customer fails to make any payment within five (5) calendar days after such payment was due.

7.2 Termination for Customer’s Breach of Sections 5.1, 5.2, 5.3, 5.4. Notwithstanding Section 7.1 above, 1NOFRILLS may immediately terminate this Agreement and remove Customer’s Web Site from the Virtual Server if it is determined, in 1NOFRILLS’s sole discretion, that Customer has breached Sections 5.1, 5.2, 5.3, or 5.4 of the Agreement. Any termination under this Section 7.2 shall take effect immediately and Customer expressly agrees that it: (i) shall not have any opportunity to cure, (ii) shall not be entitled to a refund of any fees paid to 1NOFRILLS, and (iii) shall promptly pay a $150.00 clean-up / disconnection fee.

7.3 Rights and Remedies upon Termination. In the event either party terminates the Agreement pursuant to Sections 7.1 or 7.2, 1NOFRILLS shall be entitled to immediately receive payment for all Services incurred through the date of termination. In addition, it is agreed to that, if Customer is the breaching party, then 1NOFRILLS will suffer damages that would be difficult to ascertain. Therefore, Customer agrees to pay 1NOFRILLS all amounts due hereunder for the remainder of the Initial Term or then applicable Renewal Term as liquidated damages and not as a penalty. Such liquidated damages shall be in addition to all other rights and remedies available to 1NOFRILLS in law and in equity which may be granted by a court of competent jurisdiction.

8. WARRANTY DISCLAIMER; LIMITATION ON LIABILITY & INDEMNITY

8.1 Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 3 OF THIS AGREEMENT, 1NOFRILLS DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. 1NOFRILLS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.

8.2 Limitation on Liability. IN NO EVENT SHALL 1NOFRILLS BE LIABLE:

8.2.1 TO CUSTOMER, CUSTOMER’S USERS OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR NONCONTRACTUAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY SERVICES, EVEN IF 1NOFRILLS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

8.2.2 FOR FAILURE OR DELAY IN PERFORMING ITS OBLIGATIONS HEREUNDER IF SUCH FAILURE OR DELAY IS DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF ANY GOVERNMENTAL BODY, WAR, INSURRECTION, SABOTAGE, EMBARGO, FIRE, FLOOD, STRIKE OR OTHER LABOR DISTURBANCE, INTERRUPTION OF OR DELAY IN TRANSPORTATION, UNAVAILABILITY OF OR DELAY IN TELECOMMUNICATIONS OR THIRD PARTY SERVICES, FAILURE OF THIRD PARTY SOFTWARE OR INABILITY TO OBTAIN RAW MATERIALS, SUPPLIES, OR POWER USED IN OR EQUIPMENT NEEDED FOR PROVISION OF THE SERVICES.

8.2.3 FOR THE INADVERTENT DISCLOSURE OF, OR CORRUPTION OR ERASURE OF, DATA TRANSMITTED OR RECEIVED OR STORED ON 1NOFRILLS SYSTEM. 1NOFRILLS SHALL NOT BE LIABLE TO CUSTOMER OR ANY OF 1NOFRILLS CUSTOMERS FOR ANY CLAIMS OR DAMAGES WHICH MAY BE SUFFERED BY CUSTOMER OR 1NOFRILLS CUSTOMERS, INCLUDING, BUT NOT LIMITED TO, LOSSES OR DAMAGES OF ANY AND EVERY NATURE, RESULTING FROM THE LOSS OF DATA, INABILITY TO ACCESS INTERNET, OR INABILITY TO TRANSMIT OR RECEIVE INFORMATION, CAUSED BY, OR RESULTING FROM, DELAYS, NON-DELIVERIES, OR SERVICE INTERRUPTIONS WHETHER OR NOT CAUSED BY THE FAULT OR NEGLIGENCE OF 1NOFRILLS OR 1NOFRILLS HOSTING PARTNERS.

8.3 Amount Liable. 1NOFRILLS’S LIABILITY, IF ANY, TO CUSTOMER OR TO ANY THIRD PARTY, HEREUNDER, IS LIMITED TO THE TOTAL AFTER TAX PROFITS EARNED BY 1NOFRILLS FOR SERVICES COVERED IN THE PLAN IN THE LAST TWELVE MONTHS. THE PARTIES ACKNOWLEDGE THAT 1NOFRILLS HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATION AND EXCLUSIONS OF LIABILITY WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

8.4 Indemnity. Customer will indemnify, defend and hold 1NOFRILLS or 1NOFRILLS hosting partners, and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”) harmless from and against any and all costs, liabilities, losses and expenses, including, but not limited to, reasonable attorneys’ fees (collectively, “Losses”) resulting from or arising out of any claim, suit, action, arbitration or proceeding (each, an “Action”) brought by a third party against Indemnified Party relating to: (i) a breach or alleged breach by Customer of any of its representations, warranties, covenants or obligations hereunder, (ii) infringement or misappropriation of any intellectual property rights, including but not limited to rights of privacy, patent, copyright, trade secret, trademark rights and/or licenses, (iii) injury caused by any negligence or willful misconduct of Customer, or (iv) use of the Services, including use of the Services without the consent of Customer

9. GENERAL PROVISIONS

9.1 Privacy Policy. In an effort to address Customer’s privacy concerns, 1NOFRILLS has instituted a privacy policy (“Privacy Policy”) page which may be found at http://www.best.sg or http://1NOFRILLS.best.sg and is incorporated herein by this reference. 1NOFRILLS reserves the right to change the Privacy Policy at any time. Customer acknowledges that it has read and understands the Privacy Policy and that Customer has an obligation to periodically review the Privacy Policy from time to time. In the event any provisions contained in this Agreement conflicts with any terms, conditions or clauses contained in the Privacy Policy, the provisions of this Agreement shall govern.

9.2 Independent Contractor. 1NOFRILLS and Customer are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between 1NOFRILLS and Customer. Neither 1NOFRILLS nor Customer will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.

9.3 Binding Nature of Agreement. Except as otherwise provided herein, all the terms and provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns, except that Customer may not assign or transfer its rights or obligations under or interest in this Agreement without first obtaining the prior written consent of 1NOFRILLS. 1NOFRILLS may, in its sole discretion, assign its obligations under this Agreement in connection with any merger, sale of all or substantially all of the assets of 1NOFRILLS, or sale of a majority of the outstanding shares of stock of 1NOFRILLS.

9.4 No Lease. This Agreement is a service agreement and is not intended to and will not constitute a lease for any real or personal property. Customer acknowledges and agrees that (i) it has been granted only a license to use the Services and equipment provided by 1NOFRILLS in accordance with this Agreement, (ii) Customer has not been granted any real property interest in any equipment, and (iii) Customer has no rights as a tenant or otherwise under any real property or landlord/tenant laws, regulations or ordinances.

9.5 No Third-Party Beneficiaries. The terms and provisions of this Agreement are intended solely for the benefit of each party hereto and their respective successors and permitted assigns, and it is not the intention of the parties to confer third-party beneficiary rights upon any other person.

9.6 Attorneys’ Fees. In the event of any litigation or arbitration between the parties hereto arising from or related to a party’s non-performance or breach of this Agreement, the prevailing party in any such action shall be entitled to reimbursement of all costs and expenses incurred in connection with such litigation or arbitration, including but not limited to, reasonable attorney’s fees.

9.7 Alteration. No alteration, modification, or change of this Agreement shall be valid unless made in writing and executed by the parties hereto.

9.8 Governing Law. This Agreement shall be governed by and shall be construed, interpreted and enforced in accordance with the laws of the Republic of Singapore, without reference to principles of conflicts of law. The parties agree that the sole and exclusive venue for any and all disputes arising hereunder shall be in any trial court located in Singapore. The parties hereby irrevocably consent to the jurisdiction of the appropriate court in Singapore.

9.9 Clause Enforcement. Each provision of this Agreement shall be treated as a separate and independent clause, and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clauses herein.

9.10 Entire Agreement and Modifications. This Agreement, along with the AUP, Privacy Policy and Customer’s Plan, shall be the entire agreement among the parties with respect to the transactions contemplated among them and, except as otherwise provided, supersede all previous negotiations, commitments, and writings. 1NOFRILLS may amend this Agreement at any time by posting the amended Agreement on its web site and the effective date of any such amendment will be the date on which the amended Agreement is posted. Customer agrees that it has read and understands this Agreement and acknowledges a duty to periodically check these terms and conditions. Without limiting the generality or effect of the foregoing, 1NOFRILLS may also add, delete or modify some or all of its Services at any time and in its sole discretion.

9.11 Acceptance of Services. By accepting this Agreement, Customer (i) represents and warrants that he or she is at least 18 years of age and is the authorized representative of the organization or entity that he or she purports to represent, and (ii) agrees to provide true, accurate, current and complete information about Customer.

10. WEB DESIGN SERVICES

10.1 Legal Notice. Notwithstanding anything to the contrary contained in this contract, neither 1NOFRILLS nor any of its employees or agents, warrant that the functions contained in the Web Design Service will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Service is with the Customer. In no event will the web designer and/or 1NOFRILLS be liable to the Customer or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Service, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor's computer or internet software, even if 1NOFRILLS has been advised of the possibility of such damages

10.2 Copyrights and Trademarks. The Customer represents to 1NOFRILLS and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to 1NOFRILLS for inclusion in Web pages are owned by the Customer, or that the Customer has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend 1NOFRILLS from any claim or suit arising from the use of such elements furnished by the Customer.

10.3 Web Design Service Copyright. Copyright to the finished web design site produced by 1NOFRILLS will be owned by the web designer and/or 1NOFRILLS. The Customer will be assigned rights to use the Web Design Service as a web site, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Customer, and remain the property of their respective owners. 1NOFRILLS and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. All Web Design Services will contain a copyright/legal statement with a link to 1NOFRILLS Web Site. The link is removable with an additional fee of $300 or 10% of the entire Web Design Service cost, which ever is higher.

10.4 Payment Terms. It is imperative that payments be made promptly and as detailed in this web design contract. Source files will be stored temporarily, for Customer review, on 1NOFRILLS server or the Customer's ISP account and will be uploaded to go live when full payment is received. If an amount remains delinquent thirty (30) calendar days after its invoice date, an additional 5% penalty will be added for each month of delinquency. 1NOFRILLS reserves the right to remove Web pages from viewing on the Internet until final payment is made. If case collection proves necessary, the Customer agrees to pay all fees incurred in that process.

10.5 Initial Payment and Refund Policy. All Web Design Service agreement begins with an initial payment of 50% of the entire project cost. If the Customer halts work and applies for a refund within thirty (30) calendar days, to 1NOFRILLS, work completed shall be billed at the basic web design rate and the number of completed pages with the per page rate as agreed upon, and deducted from the initial payment, the balance of which shall be returned to the Customer. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the Customer shall be liable to pay for all work completed at the basic web design and per page rate as agreed upon.

11. INTERNET DOMAIN NAME SERVICES

11.1 Domain Name Registration. 1NOFRILLS will acquire, on request, an Internet Domain Name on behalf of the Customer. In such case the Customer hereby waives any and all claims which it may have against 1NOFRILLS for any loss, damage, claim or expense arising out of, or in relation to, the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of services by 1NOFRILLS for any reason. Any costs of 1NOFRILLS in obtaining or maintaining a domain name for Customer or 1NOFRILLS Customers shall be immediately reimbursed to 1NOFRILLS upon invoice from 1NOFRILLS to Customer.

11.2 Third Party Data. In the event that, in registering the domain name, Customer is providing information about a third party, Customer hereby represents that Customer has (1) provided notice to that third party of the disclosure and use of the party's information as set forth in this Agreement, and (2) that Customer has obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.

11.3 Accuracy of Data. Customer acknowledges that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of Customer's domain name registration. (In addition, under certain Singapore and International laws, such provision of inaccurate or false information is one factor in determining whether Customer may have violated the intellectual property rights of another party in registering a domain name confusingly similar to such party's intellectual property.) Customer is responsible for notifying 1NOFRILLS in writing of changes in the contact information. In addition, Customer agrees that Customer's failure to respond for over thirty (30) calendar days to inquiries by 1NOFRILLS concerning the accuracy of contact details associated with Customer's registration shall constitute a material breach of this Agreement.

11.4 Domain Name Registered a Through A Third Party. If Customer has registered a .com, .net, or .org domain name through a third party, or Customer asked 1NOFRILLS to register the domain name for Customer, Customer is bound by the domain registration policies of that registrar.

11.5 Domain Name Transfers. If Customer has requested that the domain name registrar of record for Customer's domain name(s) (as identified by Customer during the registration process) be transferred to 1NOFRILLS and 1NOFRILLS hosting or registrar partners, the following terms shall apply: In making the transfer request, Customer represents and warrants that:

11.5.1 Customer is the rightful holder of the registration for the domain name(s) that Customer seeks to transfer.

11.5.2 Customer is not in default with respect to any obligations that Customer owes to the current registrar of record.

11.5.3 Customer is not the subject of any pending bankruptcy proceeding, nor is Customer a party to any dispute concerning the use or registration of the domain name(s).

11.5.4 The domain name(s) are not currently the subject of any dispute or collection effort, including any attachment, levy, lien, garnishment, escrow or other proceedings.

11.5.5 Customer is authorized to request the transfer and to enter into this Agreement.

More than sixty (60) calendar days have passed since the domain name(s) was registered, transferred to a new registrar, or renewed. CUSTOMER MAY NOT TRANSFER A DOMAIN NAME TO A NEW REGISTRAR WITHIN sixty (60) calendar DAYS OF INITIAL REGISTRATION, OR ANY SUBSEQUENT TRANSFER OR RENEWAL. Customer agrees that neither 1NOFRILLS nor 1NOFRILLS hosting or registrar providers will have any responsibility for any obligations that Customer may owe to the current registrar of record for the domain name(s) Customer seeks to transfer, and that Customer will be responsible, pursuant to the indemnification provision herein, for any costs that 1NOFRILLS may incur in resolving any claims brought by any third party (including the current registrar of record) relating to this transfer. Customer will not be entitled to a refund or credit for any amounts that Customer may have paid to the current registrar of record. Upon the completion of the transfer process, however, the term of Customer's registration will be extended by the period for which Customer has paid 1NOFRILLS. Customer agrees that 1NOFRILLS may charge Customer an additional maintenance fee in order to maintain Customer's domain name for any term carried over from the current registrar of record. Upon receipt of a request to transfer a domain name from another registrar (losing registrar) to 1NOFRILLS, 1NOFRILLS requires validation of the request from the Administrative Contact on record at the time of the transfer request. Customer authorizes 1NOFRILLS to take all actions reasonably necessary to transfer the domain name(s), including contacting and updating Customer's registration information with the current registrar of record and the registry. Except as noted above, 1NOFRILLS will treat Customer's transfer request as an initial domain name registration and will provide all subsequent domain name services in accordance with the terms and conditions herein. The term ‘register’ or ‘registration,’ as used in this Agreement, shall be read to include the transfer of a domain name registration from Customer's current registra of record to 1NOFRILLS or 1NOFRILLS registar partners.

11.6 Third-Party Proprietary Rights: Customer shall be solely responsible for ensuring, and hereby represents and warrants to 1NOFRILLS, that Customer's domain name does not infringe upon any trademarks, trade names, service marks, logos, other names and marks, and related product and service names, design marks and slogans, or other proprietary rights owned by a third party.

11.7 Domain name search process. 1NOFRILLS does not guarantee availability of domain names and the registration process is not complete until the domain name requested by Customer has been registered in Customer's name with the appropriate registry. Because there are delays in the actual registration of a domain name with the appropriate registry, 1NOFRILLS is not responsible if domain names requested by Customer are actually registered to third parties.