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PAYMENT SERVICE NETWORK, INC. SERVICE AGREEMENT
<br />b. PSN shall be responsible for providing all customer support regarding the Services or the
<br />Site and Account Holder may redirect to PSN any associated customer support inquires.
<br />c. PSN's privacy policy shall make any disclosures, or obtain any Customer consent
<br />necessary, to make the disclosures about Customers back to Account Holder required
<br />by this Agreement.
<br />d. Account Holder hereby grants to PSN a non-exclusive, worldwide, revocable right to use
<br />Account Holder's domain names, trademarks and logos reasonably necessary for PSN
<br />to perform under this Agreement (collectively, the "Marks"). Account Holder may
<br />terminate the foregoing right to use the Marks if, in Account Holder's sole discretion,
<br />PSN's use of the Marks is not related to PSN's performance under this Agreement or
<br />PSN's use of the Marks tarnishes, blurs, diminishes, or dilutes the quality associated with
<br />the Marks or the associated goodwill and such inappropriate use is not cured within thirty
<br />(30) days of notice of such inappropriate use. Title to and ownership of the Marks shall
<br />remain with Account Holder, and PSN shall have no ownership interest in the Marks.
<br />PSN shall not take any action inconsistent with Account Holder's ownership of the Marks,
<br />and any benefits accruing from the use of such Marks shall automatically vest in Account
<br />Holder.
<br />12. PSN WARRANTS THAT IT WILL PERFORM THE SERVICES IN ACCORDANCE WITH
<br />THE TERMS OF THIS AGREEMENT. EXCEPT AS SET FORTH IN THE PREVIOUS
<br />SENTENCE AND PARAGRAPH 11 ABOVE, PSN AND ITS SUBCONTRACTORS MAKE
<br />NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR
<br />STATUTORY REGARDING OR RELATING TO ANY OF THE SITE, TECHNOLOGY OR
<br />SERVICES AND/OR ACCESS TO OR USE OF THE SITE SERVICES OR TECHNOLOGY
<br />PROVIDED TO ACCOUNT HOLDER AND/OR ITS CUSTOMERS HEREUNDER. PSN
<br />AND ITS SUBCONTRACTORS SPECIFICALLY DISCLAIM ANY AND ALL IMPLIED
<br />WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
<br />NON-INFRINEGEMENT. PSN AND ITS SUBCONTRACTORS ALSO DO NOT
<br />GUARANTEE THAT ACCOUNT HOLDER'S AND/OR ITS CUSTOMERS' ACCESS TO
<br />THE SITE OR SERVICES PROVIDED UNDER THIS AGREEMENT WILL BE
<br />UNINTERRUPTED, ERROR FREE OR SECURE. PSN AND ITS SUBCONTRACTORS
<br />DO NOT GUARANTEE THE ACCURACY OF, AND SPECIFICALLY DISCLAIM LIABILITY
<br />FOR, INFORMATION OR DATA THAT IS SUPPLIED OR KEY -ENTERED BY ACCOUNT
<br />HOLDER, ACCOUNT HOLDER'S CUSTOMERS OR ACCOUNT HOLDER'S EMPLOYEES
<br />OR AGENTS. PSN AND ITS SUBCONTRACTORS DO NOT WARRANT THE
<br />ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT OF
<br />INTERNET WEB SITES OR OTHER DATA RECEIVED BY ACCOUNT HOLDER OR
<br />ACCOUNT HOLDER'S CUSTOMERS VIA THE INTERNET.
<br />NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT WILL
<br />PSN'S LIABILITY TO ACCOUNT HOLDER, CUSTOMERS, OR ANY THIRD PARTY FOR
<br />ANY DAMAGES OF ANY KIND, WHETHER ARISING IN CONTRACT, TORT (INCLUDING
<br />NEGLIGENCE) OR OTHERWISE, EXCEED AN AMOUNT EQUAL TO THE FEES PAID BY
<br />ACCOUNT HOLDER AND ITS CUSTOMERSTO PSN FOR THE SERVICES DURING THE
<br />SIX (6) MONTHS PRECEDING THE DATE ON WHICH THE CLAIM FIRST ACCRUED
<br />(THE "LIABILITY CAP"). PSN SHALL NOT BE LIABLE TO ACCOUNT HOLDER,
<br />CUSTOMERS OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
<br />CONSEQUENTIAL (INCLUDING LOSS OF BUSINESS PROFITS) OR PUNITIVE
<br />DAMAGES FOR ANY MATTER ARISING OUT OF OR RELATING TO THE SITE, THE
<br />SERVICES, THIS AGREEMENT OR ITS SUBJECT MATTER, EVEN IF PSN HAS BEEN
<br />APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
<br />13. PSN agrees that all information of Account Holder and Customers, including without
<br />limitation, Customers' names, addresses and account numbers, shall be treated as
<br />confidential by PSN, shall not be disclosed to any third party (other than to credit card issuers
<br />or PSN's processing bank in the performance of this Agreement) except as required by law.
<br />PSN agrees not to exploit or use such information except as expressly permitted by this
<br />Agreement, and shall not sell, purchase, provide or exchange credit card account number
<br />Note: Bank interchange rates are subject to change, therefore, this quote is valid for 15 days from date of issue. 5
<br />Payment Service Network, Inc. 12901 International Lane, Madison WI 53704 1 www.PaymentServiceNetwork.com
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