WHEREAS, THINK! STUDIO offers storage and transfer services over the Internet through access to its Web Server, FTP Server and SMTP & POP Mail Server services;

WHEREAS, Client seeks to utilize THINK! STUDIO's server for its own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, THINK! STUDIO can make no guarantee that any given reader shall be able to access THINK! STUDIO's server at any given time. THINK! STUDIO represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

I. Material and Products:

1. Client will provide THINK! STUDIO with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of THINK! STUDIO. THINK! STUDIO shall make no effort to validate this information for content, correctness or usability.

2. THINK! STUDIO will exercise no control whatsoever over the content of the information passing through the network. THINK! STUDIO makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. THINK! STUDIO also disclaims any warranty of merchant-ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of THINK! STUDIO is at the Client's own risk, and THINK! STUDIO specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. THINK! STUDIO expressly limits its damages to the Client for any non-accessibility time or other down time to the prorated monthly charge during the system unavailability. THINK! STUDIO specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", THINK! STUDIO may, at its option and at any time, reject this material, including but not limited to after it has been put on THINK! STUDIO's Server. THINK! STUDIO agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of THINK! STUDIO. If the Client fails to modify the material, as directed by THINK! STUDIO, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.

3. THINK! STUDIO maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

II. Trademarks & Copyrights:

Client warrants that it has the right to use the applicable trademarks, if any, and grants THINK! STUDIO the right to use such trademarks in connection with THINK! STUDIO's Server service.

III. Hardware, Equipment & Software:

The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access THINK! STUDIO. THINK! STUDIO makes no representations, warranties or assurances that the Customer's equipment or software will be compatible with the THINK! STUDIO service.

IV. Internet Etiquette:

1. Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of THINK! STUDIO may not be used to impersonate another person or misrepresent authorization to act on behalf of others or THINK! STUDIO. All messages transmitted via THINK! STUDIO should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

2. Use of distribution lists via unsolicited electronic mail or other mass electronic mailings is strictly prohibited. THINK! STUDIO reserves the right to deactivate the Client's Virtual Server account(s) upon an indication of such activity.

V. Termination:

This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notwithstanding the above, THINK! STUDIO may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement or upon an indication of credit problems including delinquent payments.

VI. Limited Liability:

1. Client expressly agrees that use of THINK! STUDIO's Server is at Client's sole risk. Neither THINK! STUDIO, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that THINK! STUDIO's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the THINK! STUDIO Server service, unless otherwise expressly stated in this Agreement.

2. Under no circumstances, including negligence, shall THINK! STUDIO, its offices, agents or any one else involved in creating, producing or distributing THINK! STUDIO's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the THINK! STUDIO Server service; or that results from mistakes, omissions, interruptions, deletion or loss of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to THINK! STUDIO's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on THINK! STUDIO's Server service and is solely responsible for independent backup of data stored on THINK! STUDIO’s Server Service.

3. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.

VII. Lawful Purpose:

Client may only use THINK! STUDIO's Server for lawful purpose. Transmission of any material in violation of any regulation of the Republic of Singapore or the United States of America is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.

VIII. Indemnification:

1. Client agrees that it shall defend, indemnify, save and hold THINK! STUDIO harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against THINK! STUDIO, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless THINK! STUDIO against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with THINK! STUDIO's Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on THINK! STUDIO Server.

2. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. THINK! STUDIO is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.

BILLING/ PAYMENT TERMS

Prepayments are non refundable but customers can adjust their credits when they change services or packages.

You will be billed via email (International clients) or normal mail (local clients).

You are expected to make payment on time. Failure to do so will result in immediate server termination.

Billing dates will commence upon activation of passwords. Your first month would be pro-rated as we bill by the calendar month. All prices are subjected to change. New prices will be updated in our website.

Termination of service must be submitted with 30 days prior notice. All servers will terminate on the last day of the month. If the two weeks notice is not sufficient to cover the current month, your server will be terminated at the end of the following month. Any services that are terminated before end of term are subject to penalty fees before any refunds are given. If the penalty is greater than the calculated refund amount, no refund will be given. Early termination fees can only be taken from a balance, you will not have to make any additional payments if your calculated refund is negative. Any refunds on payments will be issued back within 8 weeks from date of cancellation. Cash or check payments will be refunded by checks.

Customers that wish to reactivate a suspended account will be assessed a S$80 reactivation fee. A $80 fee will be assessed if THINK! STUDIO restores your data files to your reactivated account.

In order to insure uninterrupted service to your website, you will be contacted by email / fax for reminder of your renewal before the end of the plan’s Billing Cycle. Plans renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please email us.

THINK! STUDIO reserves the right to amend or change our billing policy at anytime without prior notice.

Refunds Policy

In the event of payments being effected by credit card Customer shall accept prepayments to be billed and charged automatically, and that Provider may apply the amount due to the provided credit card at any time. However Provider agrees that pro-rated refunds for unused time periods shall be provided upon written request, in the event of account termination and the computation of the refund to be made shall be at the sole discretion of the Provider.

Refunds will be given at the discretion of the Company Management.