TERMS AND CONDITIONS OF USE

This Red Atom Networks, LLC Website (the "Website") is provided by Red Atom Networks, LLC ("Red Atom"). By using our Website, you are agreeing to comply with and be bound by the following terms and conditions of use (the "Agreement"). If you do not wish to accept these terms, you should not review information or obtain documents, Hardware or Software or Services from this Website. We reserve the right, in our sole discretion, to edit or delete any documents, information or other content appearing on the Website at any time, without notice to you. This Agreement incorporates by reference those certain General Terms and Conditions ("General Terms and Conditions") by and between Red Atom Networks, LLC ("Red Atom") and Client.  All defined terms not expressly defined in this Agreement shall have the meaning ascribed to them in the General Terms and Conditions. 

1. Acceptance of Agreement. The Website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Please review the following terms carefully. Your use of the Website constitutes your agreement to all such terms, conditions and notices.

2. Limited Right to Use. Except as otherwise indicated on this Website, you may view, print, copy and distribute documents on this Website subject to the following terms and conditions:

(a)                 "Documents" do not include software, programs, logos, graphics, sounds or images on this Website, which may be reproduced or distributed only when expressly permitted by Red Atom;

(b)                 Documents may be used solely for informational, personal, non-commercial purposes;

(c)                 Any copy of any information on this Website must include all copyright and proprietary notices in the same form and manner as on the original;

(d)                 Any information may not be modified in any way; and

(e)                 Red Atom reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon notice from Red Atom.

3. Copyright and Trademark. The content, organization, graphics, logos, sounds, images, design, compilation and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Website, except as allowed by Section 2 above, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.

4. Privacy Policy. Our Privacy Policy, as may be modified from time to time in our sole discretion, is hereby incorporated as part of this Agreement.

5. Indemnification. In addition to the indemnification obligations contained in the General Terms and Conditions, you also agree to indemnify, defend and hold harmless Red Atom and its employees,  partners and affiliates from and against any and all claims, demands, actions, costs, liabilities, losses and expenses, including reasonable attorney's fees, resulting from: (i) your use of the Website; (ii) your decision to request authorization from and/or supply credit and other information via the Website; (iii) your decision to purchase Hardware, Software or Services from Red Atom; or (iv) breach of this Agreement. Any such indemnification shall be conditioned on our: (i) notifying you in writing within a reasonable amount of time of any such claim, demand, action, cost, liability, loss or threat of any thereof; (ii) cooperating with you in the defense or settlement thereof; and (iii) allowing you to control such defense or settlement. We shall be entitled to participate in such defense at our own cost and expense.  We reserve the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.

6. Disclaimer. RED ATOM AND/OR ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE CONTENT PUBLISHED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, CONTENT, DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED FOR YOUR USE AT YOUR OWN RISK AND "AS IS" WITHOUT WARRANTY OF ANY KIND. RED ATOM AND/OR ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL RED ATOM AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION, CONTENT, DOCUMENTS, RELATED GRAPHICS, PROVISION OF OR FAILURE TO PROVIDE SERVICES AVAILABLE FROM OR THROUGH THIS WEBSITE. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THIS WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. THE INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES, ERRORS, OR OMISSIONS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RED ATOM AND/OR ITS AFFILIATES MAY, BUT ARE NOT OBLIGATED TO, MAKE IMPROVEMENTS AND/OR CHANGES IN THE INFORMATION, SERVICE(S) AND/OR THE HARDWARE AND/OR SOFTWARE DESCRIBED HEREIN AT ANY TIME.

7. Limitation of Liability. All responsibility or liability for any damages caused by viruses contained within the Website is disclaimed. WE WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR WEBSITE.  IN NO EVENT SHALL RED ATOM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, EVEN IF RED ATOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  RED ATOM'S TOTAL LIABILITY RELATED TO THE WEBSITE REGARDLESS OF THE CLAIM SHALL NOT EXCEED $50.

8. Links to Other Websites. The Website contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Website does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third-party websites, you do so at your own risk.

9. Information and Press Releases. The Website contains information and press releases about Red Atom. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

10. Nontransferable. Your right to use the Website is not transferable. Any password or right given to you to obtain information or documents is not transferable.

11. Miscellaneous. This Agreement shall be treated as though it were executed and performed in the Commonwealth of Pennsylvania, and shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict law principles. Any cause of action by you with respect to the Website (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Allegheny County, Pennsylvania.You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement, together with the Privacy Policy and Terms and Conditions as applicable, constitutes the entire and only agreement between us and you and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website and the content and services provided by or through the Website, and the subject matter of this Agreement. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor the right to enforce such provision.

Effective January 22, 2007