• This CBS Service Level Agreement ("SLA") applies to all hosting services. The Client agrees that CBS’s internal measurements establish the eligibility for any applicable Performance Credit. In the event that the Client determines that a discrepancy in such measurement exists, Client shall promptly notify CBS and CBS and Client will mutually agree upon the validity and accuracy of the measurement, and upon Client’s eligibility for any applicable Performance Credits.

• ("Hard/Soft Manual Reboots") is defined as your request being processed for server reboot requests. The CBS Support team prefers the soft/hard reboot system as it preserves overall integrity of hardware and operating systems. The turnaround time is defined as the time you place the request until the power or reboot command is issued. In some cases additional time is required by operating system software to perform necessary functions on the server. Best effort is made to make server reboots as quick as possible.

• ("24x7x365 Technical Support") is defined as having direct access to our technical support team 24 hours a Day, 7 Days a week, 365 days a year. Support is provided via phone number, e-mail, and live chat, where not all modes are available throughout, but at least one will be. All support provided is free of charge depending on the task that is being requested. All chargeable tasks performed require prior approval from client with proper authentication.

• In the event of a server failure in a dedicated environment, the customer will initiate contact with CBS and provide the procedure to perform. Recovery of the server may be billable and is dependant on the nature of the procedure that takes place.

• (" HTTP Monitoring") is defined as port based monitoring on your server for either the PING or HTTP protocol. Server Port Monitoring is performed every 5 minutes and a failure is defined as 3 consecutive failures (15 minutes). In the event of a failure if no communication is made with the Technical Support Department the procedures you have outlined will be performed. CBS is not liable for the damages or possible losses due to the non-recovery of the server's services. It is the responsibility of server owner to define the action to perform in the event of a failure.

• All servers are protected and monitored under the overall core network security that CBS provides every customer and its own servers. This security is provided on the network level and includes secure router configurations, frequent network scans, and overall knowledge of maintaining a secure network. This service does not imply any server based security, firewalls, DDOS/Attack protection on the server level, or Anti-Virus based protection.

• ("Auto O/S updates and patches") is defined as automatic operating system updates and patches as part of our routine procedures. This will be a part of a schedules update that takes place on a regular basis. As new kernels, security patches, service packs, and hot fixes are released the servers will be updated automatically. Notification of updates are provided when they occur.

• CBS Network is defined as the equipment, software, and facilities within the CBS network segment or its affiliated partners, including CBS contracted ISP services to which the CBS network segment or its affiliated partners segment is connected and collectively utilized by CBS to provide dedicated and other services.

• Service Uptime is the total time in a calendar month that the CBS's service(s) is available through the Internet, provided that Client has established connectivity. CBS takes responsibility for the Service Availability within its immediate network segment, and cannot be held liable for problems directly related to an upstream bandwidth provider. The CBS Network will be available to clients free of Network Outages for 99.5% of the stipulated time.

• Service Downtime is any unplanned interruption in Service Availability during which the Client is unable to access the services as described in preceding section, provided the interruption is determined to have been caused by a problem in the immediate CBS network segment as confirmed by CBS. Service Downtime is measured as the total length of time of the unplanned interruption in Service Availability during a calendar month. CBS provides direct support and expertise in any software it directly provides, while any unplanned outages due to third-party software failure are the direct responsibility of the software publisher and not of CBS.

• Scheduled Service Downtime is any CBS interruption of services. Scheduled Service Downtime occurs during a CBS standard server maintenance window, which occurs in conjunction with a 24 hour notice to the Client via electronic communication. Said downtime is coordinated with the Client to the best of CBS's abilities as to align the window of maintenance with the Client’s explicit wishes.

• Performance Credit occurs when 99.5% uptime is not met. CBS will refund the customer 5% of the monthly fee for each 30 minutes of downtime (up to 100% of the customer's monthly fee). Network downtime is measured from the time a trouble ticket is opened by a customer to the time the services are once again back to their normal conditions.

• Monitoring is the service CBS carries out in order to analyze availability of TCP/IP based services and applications through its internal monitoring system throughout all its servers and platforms. In shared environements, CBS will engage its best services to revert services to their normal best if otherwise. To extend this in dedicated environments, CBS must have valid administrative access to repair the server in the event of a service or operating system failure.

• Chargeable Technichal tasks comprise of but not exactly limited to operation, configuration, performance tuning, security configurations, and any interaction with the operating system or software installed on the server in question that is not already provided within the service plan of the server or the service package in question. Support provided to the client that requires CBS to login to the server can normally be considered as such. Fees for said services are billed out at a minimum hourly charge of $75.00 with variable rates depending on the tasks pending.

• Service Exclusions

• Service Downtime Exclusions

• Hardware replacement amongst all platforms will occur within 24 hours of the reported problem, CBS will refund 25% of the monthly fee per additional 24 hours of down time (up to 100% of customer's monthly fee)

• Restoration is defined as returning all services to its original conditions, as per the date the services first went live to the user. If hardware failure causes corrupted operating system, data files, or damaged service configurations, CBS will restore the system to original state

• CBS is not responsible for the restoration of data to all services. If hardware failure is experienced and subsequent data loss occurs, client is ultimately responsible for data restoration. CBS shall not be liable for loss of data under any circumstance. Though CBS maintains its own version of backups, it will be indemnified against all charges of data loss as the client is responsible for his own data security and restoration.

• CBS does not take responsibility for the overall security of dedicated servers. If servers are compromised in any way, CBS reserves the right to immediately audit the server. CBS reserves the right to cancel service if servers are compromised via the implementation of weak password schemes or via other blatant disregard to simple security measures. A fee of $150 per hour will be incurred in respect to any security related work performed due to any such server being compromised

• All Payments To CBS (Creative Business Solutions International LLC.) are Non-Refundable unless they fall under the Free Trial Period or otherwise explicitly stated

• Use of CBS's Service constitutes acceptance and agreement to CBS's AUP, CBS's TOS (Terms of Service) as well as CBS's (Service Level Agreement) under its respective products and services compliance

• All provisions of this contract are subject to the TOS (Terms of Service) of CBS, AUP (Acceptable Use Policy) and CBS (Service Level Agreement). The AUP may be changed from time to time at the discretion of the Company. Client understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment

• This Agreement shall be construed in all respects in accordance with the laws of the state of Las Vegas, Nevada applicable to contracts enforceable in that state. Venue will be Nevada, Las Vegas

• The AUP specifically prohibits the use of CBS's service for illegal activities. Therefore, Client agrees that the Company may disclose any and all Client information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Client. In addition CBS shall have the right to terminate all service set forth in this Agreement

• Client acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Client. Client is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers. All rates however will be advised to the client prior to the actual chargin of the new rates, and it is at the Client's discretion to be charged and continue services

• Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup or upon the birth of a new fiscal date, whichever with due agreement between both parties

• Credit cards that are declined for any reason are subject to a $10.00 declination fee if they are unable to be processed on the 3rd attempt. These 3 attempts will be made over a period of 3 days if no communication is established with the Client or at 3 grace periods advised by the client if otherwise. Service will be interrupted on accounts that reach 7 days past due or after 3 grace periods, with the latter overwriting in authority. Service interrupted for nonpayment is subject to a 15% reconnection charge. Accounts that are not collectable by CBS will be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee deemed acceptable by the firm

• All payments after the initial 30 days of service to CBS International, LLC. are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in CBS's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay CBS an "Administrative Fee" of not less than $50 and not more than $150

• The Company may temporarily deny service or terminate this Agreement upon the failure of Client to pay charges when due. Such termination or denial will not relieve Client of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees

• All requests for canceling accounts should be made 48-72 hours before renewal date of the account. Upon submitting the cancellation request, services access will be disabled. If for any reason after submitting cancellation, access is requested to be re-enabled, a $50.00 fee may / may not be applied. CBS does not guarantee the full restoration of all contents within the services deployed after voluntary service cancellations and subsequent re-connections.

• Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Client further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury

• CBS, provides 24x7x365 technical support to our Clients. We limit our technical support to our area of expertise. The following is our guidelines when providing support: CBS provides support related to your account or its proper functioning. CBS does not offer tech support for application specific issues such as cgi programming, html or any other such issues, unless explicitly requested. CBS does not provide technical support for YOUR Clients directly. All issues have to be liased with your intervention. CBS is not liable for any damages or implications due to the disclosure of our existence to your clients, intentionally or un-intentionally, unless otherwise stated

• CBS takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Clients of CBS may not use or permit others to use our network to transact in UCE. Clients of CBS may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service

• Violation of CBS's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, CBS will initiate an immediate investigation (within 48 hours of notification). During the investigation, CBS may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, CBS may, at its sole discretion, restrict, suspend or terminate customer's account. Further, CBS reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. CBS will notify law enforcement officials if the violation is believed to be a criminal offense

• First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that CBS personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account

• As our Clients are ultimately responsible for the actions of their clients over the CBS network, it is advisable that Clients develop a similar, or stricter, policy for their clients

• If CBS assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to CBS, and Customer shall have no right to use that Internet Protocol address except as permitted by CBS in its sole discretion in connection with the Services, during the term of this Agreement. CBS shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by CBS, and CBS reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting

• Customer agrees that bandwidth that exceeds the given rate on a monthly basis will pay an "overage" as detailed on the CBS website. CBS will monitor Customer's bandwidth via MRTG. CBS shall have the right to take corrective action if Customer's bandwidth is excessive and interrupts service for other customers. Such corrective action may include the assessment of additional charges, dis-connection or dis-continuation of any and all Services, or termination of this Agreement, which actions may be taken is in CBS's sole and absolute discretion. If CBS takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, CBS may, at its sole discretion, collect a deposit, in an amount determined by CBS, against customer's credit card on file with CBS

• Users are prohibited from violating or attempting to violate the security of the CBS Network. Violations of system or network security may result in civil or criminal liability. CBS will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
  These violations include, without limitation;

• CBS is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities though it will do its knowledgeable best to prevent all perpetration.

• Any User, which CBS determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at CBS's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations or any other pre-emptive understanding, which is deemed acceptable by CBS as this will be first warning.

• Users that CBS determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice. Further actions may be dealt with at the discretion of CBS, depending on the severity and implications of the incidents occured

• CBS reserves the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as it possible

• CBS reserves the right to suspend network access to any customer if in the judgment of the CBS network administrators, the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which CBS chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended

• CBS reserves the right to amend its policies at any time. All Sub-Networks, resellers, clients, un-managed servers ,managed servers and any other services affiliated with CBS must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy

• CBS wishes to emphasize that in agreeing to the CBS Acceptable Use Policy (AUP) and Terms of Service (ToS), Client indemnifies CBS for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to CBS or the bringing of any claim against CBS by any third-party. This means that if CBS is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against CBS, plus all costs and attorney's fees

• Client must provide us with, and keep current, good contact information. E-mail, fax, and telephone contacts are used, in that order of preference

• A waiver by the Company of any breach of any provision of this Agreement by Client shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof

• Client shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Client. Company reserves right to cancel Clients rights under this contract at anytime without further obligation

• CBS takes no responsibility for any material input by others and not posted to the CBS Network by CBS. CBS is not responsible for the content of any other websites linked to the CBS Network; links are provided as Internet navigation tools only. CBS disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy

• CBS is not responsible for any damages your business may suffer. CBS does not make implied or written warranties for any of our services. CBS denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by CBS

• You, as CBS's customer, and are solely responsible for the content stored on and served by your CBS service platform. There shall not be any room for justification claiming that the contact party was unaware of the happenings.

• CBS's Acceptable Use Policy ("AUP") is provided to give our clients a clear understanding of what CBS expects of them while using the service. All users of CBS's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service)

• Use of CBS Service constitutes acceptance and agreement to CBS's AUP as well as CBS's TOS (Terms of Service)

• *All Payments To CBS (Creative Business Solutions International LLC.) Are Non-Refundable*

• In accordance with our TOS (Terms of Service), CBS may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. CBS may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your CBS account or other actions as detailed in preceding sections. We support the free movement of ideas on the net and we will not act under the earlier notions unless absolutely necessary.

• The following are guidelines for the establishment and enforcement of CBS's AUP:

• CBS intends to provide its customers access to everything the Internet has to offer. While CBS is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both CBS and the Internet and cannot be permitted under the guise of free speech. The resources of the CBS and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community, which will not be clearly permitted

• We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service

• You may not use your dedicated server, service platform, or any other account and its resources under the issue of CBS which CBS determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings

• If a CBS account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time

• As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at info@cbs-international.com or abuse@cbs-international.com

• The following constitute violations of this AUP:

- Use of the CBS service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization anddistribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software

• Subscribers of CBS will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy

• You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server

• Your password provides access to your account. It is your responsibility to keep your password secure and continuously scrambled to prevent unauthorized access

• Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use

• Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service

• You must adopt adequate security measures to prevent or minimize unauthorized use of your account

• You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Users who violate systems or network security may incur criminal or civil liability. CBS will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations

• CBS accounts operate on shared resources, from shared servers to shared networks. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account

• CBS requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@cbs-international.com

• CBS may take any one or more of the following actions in response to complaints or any other initiations which would require us to act in accordance with our policies::

• CBS will continue to provide an IP count of the following to the various services;
  E-mail services - NIL unless otherwise, or upon request
  EndUser Webhosting - NIL unless otherwise, or upon request
  Reseller Webhosting - 2 IP address unless otherwise, or upon request
  Server Hosting - 2 IP address unless otherwise, or upon request

• In an effort to maintain organization within our network, a justification list attached to your additional IP address requests is now mandatory before we release them for your use. The cost will continue to be a low $1/mo. per IP address

• CBS respects the need for IP addresses within a hosting environment and makes all reasonable efforts to provide IPs to those in need. While trying to maintain the needs of all customers involved, a number of policies are in place to insure fair distribution of IP Address Space

• Technically, the only need for IP addresses at this point is giving your customers the ability to use a private SSL certificate or establishing Virtual Name Servers. Additionally when providing Virtual Name Servers, these IP's can still be used for hosting websites without loosing any functionality. VHOSTS which are used for IRC services are not considered justifiable IP addresses

• No more than 32 IP Addresses will be distributed at a given time

• CBS discourages the use of IP addresses for single website hosting, technically servers that are configured correctly have the ability to host multiple websites on a single IP address without loss of performance or features. CBS will from time to time request justification of IP Address. Failure to provide this will result in the revocation of the allocated IP address space you have been provided

• Just as we are asking of you, CBS must maintain justification to our upstream provider and will maintain a fair policy so that all customers that have technical needs for IP addresses, will have the opportunity to use them

• CBS provides IP address space to many customers, this space is provided on a server by server basis. When adding IP addresses to servers it is the owners responsibility to ensure accuracy and add only the specific IP addresses assigned to them. When IP addresses are added that are not specifically assigned this can cause downtime for other customers. When this occurs CBS is held responsible by the customers that are affected

• If any account is caught in contempt of using IP addresses not assigned to its authorised usage, the service will be disabled until contact is made with the System Administrator. A $150 labor fee will be applied to your account.
  If 2nd offense occurs service will be immediately cancelled without refund.

• CBS will offer its services as an outsourced-contractual work and not as work for hire. CBS shall perform its services under as an independent contractor

• Employees of CBS shall not be considered as employees of the Client

• CBS shall be under the supervision of the Client as to the result to be accomplished in performing its services under this agreement, but not as to the technical means of the manner by which such result is to be accomplished

• The Client is to fully pay CBS fees as per the plan acquired, payable in advance every month before the date of commencement of service

• The Client is fully chargeable for any work done outside the agreed services, or exceed service quota on an hourly basis

• The service range does not include the following, and not entirely limited to;

• Neither CBS's employees or the Client's employees are eligible to any benefits, priviliges or any other said / unsaid token, insurance claims, claims against bodily damages or injury, tangible or intangible which is enjoyed by the other and vice versa.

• All confidential information, basic business practices, information about the Client, its business, computer programmes, inventions, drawings, notes, writings, experimental work, business strategies, or other know how ("Company - Owned Information") will be kept to the highest confidence level possible by CBS and will not be divulged under any circumstances unless deemed suitable at the discretion of CBS.

• CBS shall both before and after the termination or ending of this agreement, hold such company owned information strictly confidential by not, directly or indirectly, making known, or permitting such company owned information to be disclosed or made known, to any person or entity who has not agreed in writing with the Client to hold such company owned information strictly confidential.

• CBS agrees to grant to the Client a non-exclusive, irrevocable, royalty free license to use, copy and modify any elements of the Material not specifically created for the Client as part of the Services

• In respect of the Material specifically created for the Client as part of the Services, CBS assigns the full title guarantee to the Buyer and any all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished

• CBS warrants that the services it performs here under do not and will not infringe any trade name, trade mark, patent, or copyright, or other personal or proprietary right whatsoever

• The Client shall indemnify and hold CBS harmless against all claims, losses, liabilities, damages, and expenses, including attorney's fees, arising out of or resulting from any action by a third party against CBS that is based on CBS's performance of its services here under or based on any actual or alleged infringement of any trade name, trade mark, patent, copyright, personal, proprietary, or other right of a third party which is attributable to its services, except to the extent such is based on any modification of the utility programme made by CBS

• The Client hereby undertakes that during the term of this agreement or following the termination of this agreement and for the period of twenty-four(24) months thereafter, whether with or without cause, the Client shall not either directly or indirectly solicit, induce, recruit or encourage any of CBS''s employees to leave their employment, or take away such employees, or attempt to solicit, induce, recruit, encourage or take away employees of CBS either for the Client or for any other person or entity, or enter into any contract with any employee of CBS, who is or has been working with CBS

• Neither Party shall be liable for failure to perform or delay in performing any obligation if the failure or delay to deliver is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion or industrial dispute. If such delay or failure continues for at least 7 days, the Party not affected by such delay or failure shall be entitled to terminate the services by notice in writing to the other

• CBS reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service)

• If you have questions about these policies please e-mail info@cbs-int.com