1.1 The 444.Net Express Service ("444.Net Express"or the"Service"), owned and operated by 444.Net, LTD. ("444.Net") is provided to you ("you"or"Applicant") under the terms and conditions of this 444.Net Express Service Agreement (the"Agreement").

1.2 BY COMPLETING THE SERVICE REGISTRATION FORM AND CLICKING THE"I ACCEPT"BUTTON, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU AGREE TO PROVIDE TRUE AND ACCURATE INFORMATION AS PROMPTED BY THE REGISTRATION FORM, AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.

1.3 444.Net reserves the right, in its sole discretion, to change, modify, add or remove all or part of the Agreement at any time with or without notice. Please refer back to this Agreement often.

2.1 444.Net Express is a fee-based service that allows you to pay for expedited consideration of your web site for possible inclusion in 444.Net's directory of web sites (the"Directory"). Inclusion in the Directory is not guaranteed. Subject to the terms below, and in 444.Net's sole discretion, if your web site is accepted for inclusion in the Directory through 444.Net Express on or after December 01, 2004, then your web site's continued inclusion in the Directory will be subject to an additional review each year and to the applicable, then current NON-REFUNDABLE recurring annual fee ("Recurring Annual Fee"). Either wait for an editor to find it and add it, or submit your URL along with the submission fee. 444.Net cannot guarantee a response within a particular time period. By submitting through 444.Net Express, 444.Net's directory team will review your site for compliance with minimum site criteria (see section 3.0 below) and respond to your request for inclusion in the Directory on an expedited basis. In consideration of your payment and participation in 444.Net Express in accordance with this Agreement, 444.Net agrees that its directory team will review you site for possible inclusion in the Directory, and respond to you within seven (7) business days from the date that you submit your site for consideration (excluding holiday periods observed by 444.Net and any delays due to problems processing your request). Response times are measured on 444.Net's mail servers.

2.2 In order for 444.Net to consider your site for inclusion in the Directory, you must submit a valid credit card number as part of the registration form. You agree that your credit card will be charged the then current, applicable NON-REFUNDABLE fee for expedited review and response. If your site is included, you agree that each year, your site will be subject to an additional review for minimum site criteria and your credit card will be charged the then-current Annual Fee. 444.Net reserves the right to remove your site from the Directory for any reason, in our sole discretion, including but not limited to failure to meet the minimum criteria in section 3.0 below.

2.3 If your site offers services on a subscription basis, you must provide 444.Net a trial password or subscription ID as part of the registration form. The password/subscription ID will be used by 444.Net solely as part of its evaluation of whether your site meets and maintains the minimum site criteria explained below

2.5 NOTHING IN THIS AGREEMENT OBLIGATES 444.Net TO LIST, LINK TO, ACCEPT OR OTHERWISE HOST YOUR SITE ANYWHERE ON 444.Net OR IN THE DIRECTORY. IN ADDITION, IF YOUR SITE IS ACCEPTED, NOTHING IN THIS AGREEMENT OBLIGATES 444.Net TO PLACE YOUR SITE WITHIN A SPECIFIC CATEGORY OR SUBCATEGORY OF THE DIRECTORY, OR TO PROVIDE ANY COMMENTS OR ANNOTATIONS WITH THE LISTING OF YOUR SITE.

2.7 YOUR REPRESENTATIONS REGARDING YOUR SITE

You represent and warrant that the site you are submitting for consideration does not and will not infringe the rights of any third party, including without limitation any Intellectual Property Rights, rights of publicity, rights of personality, rights of privacy, rights to payment of royalties, or any other rights of third parties not specifically identified in this Section. Further, you warrant and represent that all aspects of the site submitted for consideration comply with all applicable laws and regulations.

3.1 All web sites submitted to 444.Net Express must meet the following minimum criteria:

• If the site is a commercial web site, the official business name must be visible to any visitor to that site;
• The site must clearly define its purpose, products, and/or services;
• The site may not appear in the Directory under a different URL;
• If the site is applicable to a specific geographic region, the address must be visible to any visitor to that site;
• The site must not contain any parts under construction;
• All links on the site must function properly;
• The site must be in the English, Dutch, French, German, Spanish language (or have an English, Dutch, French, German, Spanish version available);
• The site must support multiple browsers and capabilities (e.g., no Java-only sites);
• The site must be up and running 24 hours a day, 7 days a week;
• The site must not be dedicated to directing the user to another page;
• The page may not give the search engine different content than what the end-user sees;

THESE CRITERIA ARE MINIMUM REQUIREMENTS ONLY, AND 444.Net, IN ITS SOLE DISCRETION, MAY CONSIDER OTHER CRITERIA BEFORE ACCEPTING, REJECTING OR REMOVING A SITE.

4.1 444.Net reserves the right to decide whether, where, and how a site is listed in the Directory. If 444.Net accepts your site for inclusion in the Directory, 444.Net will consider your preferences, but reserves the right to list your site in any category or subcategory as 444.Net deems appropriate, in its sole discretion. 444.Net reserves the right not to include any specific keywords, comments, or annotations with the listing of a site in the Directory.

4.2 444.Net also reserves the right, in its sole discretion, to remove your site from the Directory, move the listing to a different category or subcategory, and change or remove any keywords, comments, or annotations at any time, for any reason, including but not limited to, a change in the nature, business, goods, or services or content available on the site.

4.3 Any and all press releases and other public announcements related to your inclusion or possible inclusion in the Directory, including the method and timing of such announcements, must be approved in advance by 444.Net in writing. 444.Net reserves the right to withhold approval of any public announcement in its sole discretion.

5.1 444.Net will contact Applicant by email describing whether the site has been accepted or rejected. If the site is rejected, Applicant is entitled to request one reconsideration, or appeal, of the site at no additional charge by sending an email to the address provided by 444.Net. 444.Net must receive the Applicant's email within thirty days from the date that 444.Net transmits the rejection email to the Applicant. If the request is timely received, 444.Net will again review the Applicant's site and will then notify Applicant of its final decision regarding including the site in the Directory. If 444.Net reaffirms its denial of the site, no further appeals or submissions will be considered .

5.2 If 444.Net accepts a suggested site, Applicant is entitled to request one reconsideration of the placement of the site, comment fields, title, etc, at no additional charge by sending an email to the address provided by 444.Net. 444.Net must receive the Applicant's email within thirty days from the date that 444.Net transmits the acceptance email to the Applicant. If a timely request is received, 444.Net will again review the Applicant's site and will then notify Applicant of its final decision regarding the site. Once a site is included in the Directory, if Applicant makes any substantial changes to the site, Applicant must comply with 444.Net's standard change process form to make any changes to the listing in the Directory.

6.1 If you wish to terminate participation in the 444.Net Express program, you must send a notice to 444.Net as set forth in Section 11,"Notices,"below. Please state that you wish to terminate your site's inclusion in the 444.Net Directory and from 444.Net Express. To avoid your credit card being billed for the Recurring Annual Fee, requests for termination must be received by 444.Net at least five (5) business days before the end of the year that you intend to be your last year of participation. The"end of the year"is defined as 365 days from the date that your web site was added to the 444.Net Directory as noted on the confirmation emailed to you at that time. Once 444.Net receives such notification from you, your participation in the 444.Net Express program will cease and your listing will be removed at the end of the year. If you request that your listing be removed before the end of a year for which you have pre-paid the Recurring Annual Fee, you agree that 444.Net will not be required to refund any portion of such fee.

7.1 444.Net maintains information about Applicant on 444.Net servers, including but not limited to Applicant's registration information. Applicant agrees that 444.Net may use such information in aggregate form for marketing or other promotional purposes. Applicant agrees that 444.Net may disclose such information in the good faith belief that such action is reasonably necessary: (a) to comply with the law or legal process; (b) to enforce this Agreement; or (c) to protect the rights or interests of 444.Net or others; provided, however, that nothing in this section shall impose a duty on 444.Net to make any such disclosures.

7.2 444.Net may contact Applicant regarding 444.Net Express using the Applicant's email address provided during the registration process (or as updated by Applicant). Such email messages may contain opportunities regarding special offers and new products from 444.Net's advertisers.

Applicant agrees to indemnify, defend and hold harmless 444.Net, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, for all losses and costs related to any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Applicant's use of or listing in the Service, the acceptance or rejection of Applicant's suggested site, any alleged violation of this Agreement, or any alleged violation of any rights of others. 444.Net reserves the right, at its own expense, to assume the sole and exclusive defense and control of any matter subject to indemnification by Applicant, which shall not excuse Applicant's indemnity obligations.

9.1 THE SERVICE IS PROVIDED ON AN"AS IS"AND"AS AVAILABLE"BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

9.2 444.Net, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL OR EQUITABLE THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF 444.Net IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT'S USE OF OR INABILITY TO USE THIS SERVICE, 444.Net'S ACCEPTANCE OR REJECTION OF A SUGGESTED SITE, OR 444.Net'S CONTINUED LISTING OF A SITE IN THE DIRECTORY.

9.3 444.NetS LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO 444.Net UNDER THIS AGREEMENT.

10.1 444.Net is not liable for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of God, terrorism, or other causes beyond its reasonable control.

11.1 Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to 444.Net, such notices shall be addressed to service@444.net or to 444.Net Express Producer at Kuringersteenweg 295 Hasselt, 3500, Belgium . If to Applicant, such notices shall be addressed to the electronic or mailing address specified in Applicant's Service reg is tration form, or such other address as either party may give the other by notice as provided in th is Section. It is the Applicant's responsibility to provide an accurate address and to ensure that 444.Net is notified of any changes to Applicant's address as specified in th is Section.

12.1 This Agreement constitutes the entire agreement between the parties with respect to the Service and supersedes all previous or contemporaneous proposals, both oral and written, representations, writings and all other communications between the parties with respect to such subject matter, excluding the 444.Net Terms of Service and the 444.Net Privacy Policy.

13.1 The Agreement and the relationship between Applicant and 444.Net are governed by the laws of Belgium . without regard to that state's conflict of laws rules. 444.Net's failure to exercise or to enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties'intentions as reflected in the provision and in the Agreement, without statutory presumptions against the drafter, and they agree that all other provisions of the Agreement will remain in full force and effect.

13.2 The section titles in the Agreement are for convenience only and have no legal or contractual effect.