Subject to the terms and conditions hereinafter set forth, Six & Six, Inc./Daily Menuboard (Provider) offers Internet Advertising Space to "Advertiser" on the Daily Menuboard Website, plus additions and amendments thereto, as follows:

1. In consideration for the rights granted hereunder, the Provider reserves the right to prohibit, alter, or terminate this agreement and use of Provider's services without notice to Advertiser as to advertising on the Daily Menuboard Website which offers no guarantee submitted "FREE advertising" will be posted and will ensure that the Provider's use of the internet complies with all applicable federal, state and local law and regulation, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortuous interference, and export of technical or military data to prohibited countries, and that which is prohibited by federal law. Advertising or use or "linking" of pornographic content, nude photographs, or explicit language is strictly prohibited and advertising will be cancelled and Advertiser will be banned from further use of the Daily Menuboard services.

Advertiser shall indemnify and hold Provider harmless from any and all cost, expense or damages on account of any and all manner of claims, demands, actions and proceedings that may be instituted against Provider on grounds alleging that any posted material violates any of the above. At Advertiser's expense, such claim, demand, action or proceeding that may be brought against Provider providing that Provider promptly notify Advertiser with respect thereto and providing further that Provider shall give Advertiser such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.

2. In the event that Provider shall at any time initiate any proceeding or become involved in any suit to enforce any of its rights under this agreement or for any breach thereof, and obtain a settlement or recovery in its favor, Advertiser shall pay all costs thereof including attorneys fees, travel, investigations, transcriptions of depositions and court proceedings, arbitration hearings and like expenses. The parties agree that the laws of the State of Colorado (including any Federal District Court) shall apply with respect to sole and exclusive jurisdiction over all controversies arising with respect to this agreement, Subscriber waiving its right to venue to have the case transferred to a court in another state or to oppose transfer of this case from any other state to the State of Colorado.

3. Limitation of Liability: Provider's maximum liability, whether by negligence, contract, or otherwise, is expressly limited to the refund of the amount Advertiser paid (if any) for the service in dispute.

The warranty and remedy provided above are exclusive and in lieu of all other warranties, express and implied, including implied warranties of merchantability and fitness for a particular purpose. Any statements or representations by any other person are void. Except as otherwise provided. Provider shall not be liable for any loss, inconvenience, or damage, including direct, special, incidental, or consequential damages resulting from the use or inability to use its Service.

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