AGREEMENT

1. THIS AGREEMENT is made and entered between Dropship Magazine™ a Premier Hosting, Inc. Company hereinafter referred to doing business as Drop Ship Magazine™ and the Customer, who wishes to use the services of Drop Ship Magazine™ in accordance with Drop Ship Magazine™' standard application. Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows:

2. SERVICE DESCRIPTION: As a (WWW) World Wide Web service provider, Drop Ship Magazine™ provides dedicated server computers, which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web. Customer wishes to connect a web site(s) to the World Wide Web utilizing the hardware and software resources of Drop Ship Magazine™ to establish an Internet web eCommerce presence. NOTE: You must have the skills / knowledge of running a business, using a PC and using the Internet, as we do not provide these services.

3. CONDITIONS: The application and this Agreement constitute a binding contract between Drop Ship Magazine™ and the Customer and do not extend to any other person or entity.

4. ADULT SITES: Drop Ship Magazine™ does NOT list adult sites, nor sites, which generally would be perceived as being of adult nature, based on language, content, photos, and images, including nudity of any form. If any of these occur on an account, the same account termination procedures and forfeitures will apply.

5. ILLEGAL INFORMATION: Drop Ship Magazine™ does NOT list any site, which contains or promotes illegal products or information of any kind. If any of these occur on an account, the same account termination procedures and forfeitures apply as indicated above adult sites

6. UNILATERAL SERVICE REVOCATION: In the event that Drop Ship Magazine™ may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, Drop Ship Magazine™ may immediately discontinue such service to the Customer without liability.

7. PAYMENTS: Drop Ship Magazine™ currently does not charge a listing fee. We do however have a Fee for banners and featured sites. Any fee (when applicable) is due at the time the application is filled out, and submitted to Drop Ship Magazine™. Subsequent payments are due according to the selected fee schedule following the establishment of the web space on the Internet. Web space will be billed a minimum of one (1) month in advance depending on the selected fee schedule. Subsequent payments are due on the renewal date per the selected fee schedule. In the event that the Customer fails to pay for such services in advance, Drop Ship Magazine™ shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made.

8. RATES: Drop Ship Magazine™ currently has different a rate for different services, please review our web site for those services and rates.

9. CHARGE BACKS: A Charge Back is considered a DEFAULT in this contract and your site, email etc will be suspended. If client disputes justified charges without consulting Drop Ship Magazine™ to resolve the dispute, Drop Ship Magazine™ has the right to suspend your account and immediately discontinue service. You will be charged a $300.00 administrative fee for each charge back you file.
   
   Drop Ship Magazine™ does not allow charge backs to occur to its merchant accounts and contracts with VISA / MASTER CARD International, American Express Bank. and Discover Financial Services or PayPal. It is not recommended to initiate a charge back hence customer agreed to AGREEMENT (this document) and Terms & Conditions as outlined in this document and Drop Ship Magazine™ Policies.

10. NSF FEES: Drop Ship Magazine™ charges a $75.00 fee for all NSF items that are returned to the company.

11. INTEREST FEES: All monies that are due and will become due will be charged a monthy interest fee of 1.5 percent until the balance has been paid in full, including all miscellaneous fees.

12. MISCELLANEOUS FEES: In compliance with the Collections Department Drop Ship Magazine™ also charges $10.00 per paper invoice needed and $10.00 per Contract/Agreement that is requested by the customer and/or outside Collections Agency or Legal Representative.

13. REPOSSESSION:  We reserve the right to resell a banner spots & their slots for any of the following reasons, abandonment, charge backs, NSF, non-payment, or for reason the we think may tarnish our reputation with the general public.

14. END USERS: We are NOT the Drop shipper, and we do NOT ship or have control on any products.  YOU understand that we will provide you with a list of our drop shippers and you MUST get an account with the Drop shipper in order to sell their products. Drop Ship Magazine™ or its affiliates are NOT responsible for ANY and ALL grievances between you and the Drop shipper We are NOT responsible for the pictures of the products or the picture quality, if they are unavailable. You agree to HOLD US HARMLESS. You agree and understand that you MUST abide by the Drop shipper policies and we are independent of any and all Drop shipper

15. REFUNDS: You the customer understand that Drop Ship Magazine™ or its affiliates will NOT return any funds to you for any reason what so ever.  We will add products to your web site from our drop shippers ONLY, you may add products from other vendors at your own expense. You may add up to 1.5 million products to your store as long as it is not illegal or pornographic in nature. You can have us add those products in for you at an additional charge based at $125.00 per hour.

16. PRIVACY: We will not give any information about you, your company or your employees to any, firm, individual, company or government office without a federal court order to do so. Your private information including email addresses will not be sold to any of the above entities as well. All critical information is encrypted and is security monitored on our servers. We will not speak to anyone who is not listed on your account for any reason what so ever. If you wish others to be able to speak with us regarding your account, web site etc. you must first provide us with a written statement signed by you and notarized that you gave them permission to act on your behalf. The Billing Department of Drop Ship Magazine™ and its subsidiaries comply with all Federal and State policies concerning the release of information. Drop Ship Magazine™ does not release personal information.

17. EMAIL: We are provideing you with a free listing service and in return you will place a links on your website back to DropshipMagazine.com. You also agree that we may send you emails from time to time informing you of potential bargains, updates etc.

18. DATA: Your data is secured and is backup offsite on a daily bases.

19. TECHNOLOGY: The technology we use and allow you to use while your web site is managed and listed by Drop Ship Magazine™ is proprietary, and is STICKILY forbidden to share with others.  You agree not to use our technology or any other proprietary services offered by Drop Ship Magazine™ in any other manner or on any other server(s) without our written consent.  YOU agree  NOT to use any of our technology or business model in any form of competition for at least 3 years after written termination of this agreement.

20. TRADEMARKS & COPYRIGHT: The use of our trademark names and copyright material is strictly prohibited, on your web site, blogs, emails, forums, etc. and YOU MUST receive permission in advance prior to the use of our trademarks and copyright material anywhere.

21. MATERIAL INDEMNIFICATION: Client hereby agrees that all domain names and any material submitted for publication on Drop Ship Magazine™ server(s) through client's account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. Client hereby agrees to indemnify and hold harmless Drop Ship Magazine™ for any claim resulting from the submission of illegal materials, any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against Drop Ship Magazine™ on the grounds of such violation. Violations to Drop Ship Magazine Terms Of Service will result in immediate account termination and Drop Ship Magazine™ reserves the right to charge up to $50.00 clean-up fee.

22. WARRANTIES: With respect to the service to be provided herein, the Customer acknowledges that Drop Ship Magazine™ makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that Drop Ship Magazine™ shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data (including database data in any format), email data, delays, non-deliveries, or service interruptions. The customer also acknowledges that by using any shopping cart system, whether provided by Drop Ship Magazine™ or not, Drop Ship Magazine™ will not be held responsible for charge backs, errors, loss of revenue, loss of data, web server failure, downtime, or any disputes that may arise from the use of any shopping cart system.

23. TORTUROUS CONDUCT: Any abuse towards any Drop Ship Magazine™ employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner, when emailing Drop Ship Magazine™ or utilizing the Ticket Desk Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at Drop Ship Magazine™ or its employees shall be considered a violation of this Agreement..
    
    Any threat; whether verbally, orally, written, or delivered by second parties directed towards Drop Ship Magazine™ or any of it's employees, partners, equipment, and concerns shall be construed as a violation of this Agreement..
    
    Any conduct viewed as violating this section shall be considered a violation of this agreement. Drop Ship Magazine™ will be the sole arbitrator in regards to what is deemed a violation.

24. DAMAGE LIMITATION: Our cumulative liability to you for any and all claims relating to or arising out of your web site or usage shall not exceed the total amount of the monies or fees you have paid to us within the prior year. Drop Ship Magazine™ and its affiliates shall in no event be liable for any punitive or consequential damages, or lost profits, even if we have been advised of the possibility of such damages, and even if any exclusive remedy provided for in this agreement fails of its essential purpose. It is understood that if the customer believes that they have incurred damages that the damages the customer can suffer will NEVER be greater than the amount that the customer has paid to Drop Ship Magazine™ or any if its subsidiaries in the past year The customer agrees that if the monies or fee that were paid to Drop Ship Magazine™ are less than $5000,00 the only remedy the customer has is by using Small Claims Court in Winnebago County, Wisconsin, USA.CGI-SCRIPTS: You are free to use any CGI scripts you wish, as long as it does not negatively affect another site on the Internet, nor can it be used for anything illegal. Drop Ship Magazine™ reserves the right to disable any CGI script or script access on an account.

25. CPU, MEMORY, DISK SPACE: It is a violation for anyone to post information or to include programs, scripts, images on the web space provided through the Drop Ship Magazine™ services which consume excessive bandwidth, CPU time or storage space. For most web sites (probably over 90%) this isn't even an issue. If your site(s) violate this agreement, Drop Ship Magazine™ reserves the right to de-activate or terminate your site(s) service immediately. We understand sites grow, and may need more disk space. That isn't the concern here. Extremely excessive disk space usage is not permitted.

26. CANCELLATION POLICY: Wwe do not have a cancellation window. Our policy is once you sign up for one of our services, you are responsible for your first month listing fee. You may cancel at anytime thereafter.

27. TERMS: All terms for listing is based upon a 1 month contract.

28. COMPETITORS: Are strictly forbidden to access our servers for any reason what so ever with out our permission. Competitors are forbidden to sign up for an account or gain access to any of our customers web sites or our list of drop shippers, database's, products, descriptions etc. Competitors may NOT use any of our information, text, pictures, logo's trademarks, company name etc. on their web sites with out our written approval.

29. REFUSE SERVICE: Drop Ship Magazine™ reserves the right to refuse service to anyone at any time for any reason. Drop Ship Magazine™ reserves the right, in its sole discretion, to deactivate your account(s) without further warning upon an indication of credit problems including delinquent payments, or if this service contract is violated, or if Client's account or the traffic on this account causes any kind of network or server problem or disturbances. If client contacts our customers or breeches this contract in any form or manner. Drop Ship Magazine™ reserves the right to refuse service to you  or your company for any type of slander, defamation or harassment to our companies, staff, clients or to our affiliates and there will no NO REFUND.

30. CHANGES IN TERMS OF AGREEMENT: Drop Ship Magazine™ reserves the right to make changes to the terms and conditions of this Agreement. It is the Customer's responsibility to periodically review the Web listing Contract and Terms of Service Agreement). Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).  This agreement will be displayed to YOU each time you log onto your store manager, you will need to agree to these terms to enter the back end of your estore

31. GOVERNING LAW: The laws of the State of Wisconsin in the United States of America shall govern This Agreement. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect. You are deemed to be entered into this contract / agreement performed in Menasha, Wisconsin. These Rules shall be governed by and construed in accordance with the laws of the State of Wisconsin and without regard to conflicts of law provisions. You consent to exclusive personal jurisdiction and venue in Winnebago County, Wisconsin, and agree that it shall be the sole forum and venue for any and all disputes between you and Drop Ship Magazine™.

32. ARBITRATION. Any controversy, dispute or claim of any nature whatsoever arising out of, in connection with your web site or these Rules, or involving you and Drop Ship Magazine™, including the issue of any such claims in the amount of $5001.00, or more will be resolved by binding arbitration before a retired judge located in Winnebago County, WI. At the sole discretion of Drop Ship Magazine™.  The prevailing party will be awarded all costs and expenses, including without limitation all arbitration, expert witness and attorney fees, costs and expenses.

33. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the application for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.

34. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity. Customer hereby represents that he, she or it is either, an individual entering this Agreement for his or her personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.By joining our service you agree to these terms.