American IT Incorporated General Terms and Conditions of Service

BY SIGNING UP FOR and / or OTHERWISE ACCESSING ANY OF THE SERVICES OR PRODUCTS OFFERED BY American IT Incorporated YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THESE TERMS & CONDITIONS REQUIRE MANDATORY ARBITRATION OF DISPUTES. Please carefully read these terms and conditions as they describe your legal rights and obligations.

1. DEFINITIONS

For the purposes of this Agreement:

1.1

"American IT Incorporated's Equipment" shall mean computer and telecommunications device, Internet access and / or transmission rights owned, leased, operated, and / or maintained by American IT Incorporated and / or American IT Incorporated's affiliates, agents, or assigns which function to provide the American IT Incorporated Services.

1.2

"American IT Incorporated, "us," "we," "our" and grammatical variants thereof shall refer to American IT Incorporated, a corporation organized and existing under the laws of the State of New York, United States of America, and its assigns and successors in interest.

1.3

"American IT Incorporated Services" shall mean the products and services provided by American IT Incorporated at any given time, including but not limited to the design & development of Websites; Web Applications; Software; Data Management Solutions; Industry Specific IT Solutions; Web Hosting; e-Mail Hosting; Graphic Designing; Animations; Multimedia Presentations, Applications & Solutions, Advertising Materials and any associated support services, which services may be changed, amended, and / or otherwise altered at any time in American IT Incorporated's sole discretion.

1.4

"American IT Incorporated Software" shall mean any software provided by American IT Incorporated at any given time, whether downloaded to your computer, provided to you on CD or another form of removable media, or utilized online as part of the American IT Incorporated Services. The American IT Incorporated Software includes the program and any and all copies or portions thereof, whether standing alone or in combination with other programs, as well as the documentation and other materials delivered or provided in connection with the software, if any.

1.5

"Bandwidth" shall refer to the rate of data transmission in bits per second using American IT Incorporated's Equipment.

1.6

"Content" shall mean the downloadable files which are interpreted, displayed or played by a client web browser or a media player with or without plug-ins.

1.7

"Customer Service" shall refer to communication from us to you dealing with problems or questions relating to services provided by us to you.

1.8

"Fee" shall mean monies and other consideration you are obligated to pay to American IT Incorporated for the right to use the American IT Incorporated Services, Equipment and Bandwidth subject to the terms and conditions of this Agreement.

1.9

"Fee Schedule" shall mean the fees for the American IT Incorporated Services as published on the American IT Incorporated website, which may be modified at any time in American IT Incorporated's sole discretion pursuant to the provisions of 24.1.

1.10

"International Customers" shall mean customers residing in or accessing the American IT Incorporated Services from outside of the United States and Canada.

1.11

"Laws" shall mean the laws, statutes, and regulations then in effect in the United States of America and its states and dependencies as well as the laws of Your country of residence or the country in which you use or access the American IT Incorporated Services and the laws of any provinces, states or dependencies thereof.

1.12

"Parties" shall collectively refer to American IT Incorporated and you.

1.13

"Suspend" or "Suspension" shall include the disabling of and the cessation of transmission of data to or from Your Web Site and / or Your Control Panel.

1.14

"Technical Support" shall refer to communications from us to you dealing with problems or questions relating to technical matters involving software or services provided by us to you.

1.15

"Web Site Space" shall mean a quantity of hard disk memory allocation on one or more computer storage devices and measured in units of megabytes (MBs) wherein data comprising Your Web Site is stored.

1.16

"You", "your" and grammatical variants thereof shall mean you, any other entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or other beneficial interest.

1.17

Your Data shall mean any data, including but not limited to documents, e-mails, images, web pages, or other Content, related to your use of the American IT Incorporated Services and stored on or transmitted by the American IT Incorporated Equipment.

1.18

"Your Web Site" shall mean data transmittable via the Internet by American IT Incorporated which is stored in your Web Site Space.

1.19

"Your Services" shall mean the specific American IT Incorporated Services for which you have contracted.

2. DESCRIPTION

Subject to and conditioned upon American IT Incorporated's retained rights and all other terms and conditions set forth in this Agreement, American IT Incorporated offers the American IT Incorporated Services as soon as practicable after registration for and payment of any and all fees due or according to the terms of a specific contract in writing that puts down the details of specifications, timeline and fees etc.

2 B

You are responsible for maintaining the confidentiality of both your password and your account and are fully responsible for all activities that occur under your password and your account. You agree to immediately notify American IT Incorporated of any unauthorized uses of the account or any other breaches of security. American IT Incorporated cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will American IT Incorporated be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. The American IT Incorporated Services are subject to the following conditions and restrictions:

2.1. Web Hosting Services

2.1.1

American IT Incorporated shall provide to you a a non-transferable, revocable, non-sub-licensable, non-exclusive and limited license to use American IT Incorporated's Hosting Services  for the exclusive purpose of storing Your Web Site / IT Solution data and disseminating said data via the Internet through the use of American IT Incorporated's Equipment for purposes consistent with this Agreement.

2.1.2

American IT Incorporated, either directly or through its assignee or licensee, shall provide Customer Service relating to Your Web Site / IT Solution consisting of replying to customer questions or complaints regarding services provided by us to you relating to Your Web Site / IT Solution. American IT Incorporated is not obligated to provide any Customer Service except as specified in this Section. Any and all requests for additional Customer Service may be refused by American IT Incorporated with or without reason. Any additional Customer Service which American IT Incorporated may subsequently agree to provide to you shall be at American IT Incorporated's sole discretion and once commenced, may be terminated at any time by American IT Incorporated without notice to you and without any liability to American IT Incorporated. Notwithstanding the foregoing, American IT Incorporated at its sole discretion may at any time alter or cease providing the Customer Service which it has agreed to provide to you relating to Your Web Site pursuant to this Agreement without any liability to American IT Incorporated.

2.1.3

American IT Incorporated, either directly or through its assignee or licensee, shall provide Technical Support relating to Your Web Site / IT Solution consisting of replying to communications from and to you with problems or questions relating to technical matters involving software or services provided by us to you. While American IT Incorporated is not obligated to provide any Technical Support except as specified in this Section, you may contact us to request additional Technical Support on a fee for service basis to be arranged between American IT Incorporated and you. Any and all requests for additional Technical Support may be refused by American IT Incorporated with or without reason, in its sole discretion. Any additional Technical Support which American IT Incorporated may subsequently agree to provide to you shall be at American IT Incorporated's sole discretion and once commenced, may be terminated at any time by American IT Incorporated without notice to you and without any liability to American IT Incorporated. Notwithstanding the foregoing, American IT Incorporated at its sole discretion may at any time alter or cease providing the Technical Support which it has agreed to provide to you relating to Your Web Site / IT Solution pursuant to this Agreement without any liability to American IT Incorporated.

2.1.4

All use of Web Site Space and provision of services to you by American IT Incorporated shall be subject to all terms and conditions set forth herein. You may not attempt to expand or alter these rights or American IT Incorporated's services by entering into multiple agreements.

2.1.5

Unless provided otherwise in the specifications for your Services, Bandwidth use, including but not limited to data retrieval from your Web Site, e-mail traffic, and downloads, shall not exceed six gigabytes per month. You agree that American IT Incorporated may charge you for usage in excess of permitted amounts at the rates set forth in the then-current Fee Schedule.

2.1.6

Some American IT Incorporated Services may not be available to International Customers, and American IT Incorporated reserves the right to alter, amend, or discontinue the provision of some or all of the American IT Incorporated Services to International Customers in a particular market at any time in its sole discretion.

2.1.7

American IT Incorporated may suspend performance under or terminate this Agreement, cease transmission of data associated with your domain name immediately and without notice, permanently remove Your Data from the American IT Incorporated Equipment, and take any other actions it deems necessary, in its sole discretion, immediately and without notice, to comply with the relevant Laws if it is informed or otherwise believes, in its sole discretion, that Your Web Site / IT Solution violates the intellectual property rights of any third party or is otherwise the subject of a dispute. As more completely set forth in Sections 5, 6, and 9, you waive any and all clams you may have, now and forever, against American IT Incorporated relating to the content, use, and operation of Your Web Site / IT Solution and agree to indemnify and hold harmless American IT Incorporated from and against any such claims.

2.1.8

American IT Incorporated backs up data on its servers on a regular basis. However, in case of a failure, whether attributable to accident, negligence or whatever, American IT Incorporated is not responsible for the loss of you data and any other loss that may be closely or remotely relatable to the loss of that data. Therefore, You are responsible for backing up Your Data on your own computer.  If any of Your Data is damaged, deleted, lost or corrupted in any way, or becomes otherwise unavailable due to termination or suspension of your account pursuant to this Agreement, American IT Incorporated will have no obligation or liability to you.

2.2. Domain Name Registration

2.2.1

Should you choose to register a domain name through American IT Incorporated, American IT Incorporated will register a second level domain name on your behalf, provided such domain name is available for registration. American IT Incorporated acts only as an intermediary between you and the organization providing the domain name, and has no influence over the assignment of domain names. The registration of your domain name is subject to the terms and conditions of those third-party registrars, and is also subject to the terms of the Uniform Domain Name Dispute Resolution Policy ("UDRP"). You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions of the UDRP in effect at the time of the dispute. American IT Incorporated assumes no liability in the event the domain name is unavailable or otherwise not assigned to you, and does not warrant or guarantee that assigned domain names do not infringe the rights of third parties, or that you will retain the rights to that domain name for any period of time. Upon payment in full of any and all registration fees, American IT Incorporated shall not own or otherwise legally control any domain name registered on your behalf. You agree that you are responsible for any and all fees and costs related to the registration of your domain name, and you authorize American IT Incorporated to charge you for any such fees and costs. Should Your bank or financial institution fail to honor such debit, American IT Incorporated may, in its sole discretion, release, cancel, or otherwise dispose of or utilize Your domain name as it sees fit, with no obligation to You whatsoever.

2.2.2

You acknowledge and agree that American IT Incorporated or its agents, assignees or licensees may, upon registration of your domain name, associate any data of any kind, in American IT Incorporated's sole discretion, with the Domain Name registered in association with Your Web Site / IT Solution or any URL incorporating said Domain Name until your Website / / IT Solution is up and has its own content.

2.2.3

You represent and warrant that your domain name does not infringe the copyright, trademark, or any other intellectual property rights of any person or company and that your domain name is otherwise in compliance with the terms of this agreement, in particular the provisions of Section 7.

2.2.4

You shall inform American IT Incorporated of any claim or potential claim against your domain name, including but not limited to the initiation of a dispute under the UDRP, within five days of notification of same. You shall provide American IT Incorporated of notice of any negotiations with third parties with respect to the ownership and / or intellectual property rights to your domain within five days of the commencement of such negotiations. Should you lose your right to use a domain name which is used in connection with the American IT Incorporated Services, whether through expiration of the domain name, judicial decree, administrative decisions of the UDRP or otherwise, you agree to inform American IT Incorporated immediately of the party to whom the domain name is to be transferred and you authorize American IT Incorporated to take any and all action necessary to effect such transfer.

2.2.5

American IT Incorporated will accept the transfer of domain names from other registrars, provided however, that you will be liable for the registration and renewal fees as and when they become due regardless of the fact that the domain was prepaid for a specific period to the previous registrar.

2.2.6

American IT Incorporated may suspend performance under or terminate this Agreement, cease transmission of data associated with your domain name, permanently remove Your Data from the American IT Incorporated Equipment, and take any other actions it deems necessary, in its sole discretion, immediately and without notice, to comply with the UDRP or relevant Laws if it is informed or otherwise believes, in its sole discretion, that your domain name violates the intellectual property rights of any third party or is otherwise the subject of a dispute. As more completely set forth in Sections 5, 6, and 9, you waive any and all claims you may have, now and forever, against American IT Incorporated relating to the registration, use, and subsequent transfers of your domain name and agree to indemnify and hold harmless American IT Incorporated from and against any such claims.

2.3. Software

2.3.1

American IT Incorporated may, in its sole discretion, provide you with American IT Incorporated Software in combination with Your Services. Upon payment of all fees due and owing to American IT Incorporated under this Agreement, American IT Incorporated hereby grants, and you hereby accept, a nontransferable, revocable, non-sub-licensable, and non-exclusive license to use the American IT Incorporated Software and all related documentation for your own personal or business use during the term of this Agreement. Any rights not expressly granted herein shall be reserved for American IT Incorporated. Source code or other information pertaining to the logic design of the American IT Incorporated Software is specifically excluded from the license granted hereunder.

2.3.2

American IT Incorporated Software is generally provided as a part of package, however, in the absence of a contract or a clear term of the package to the contrary, American IT Incorporated reserves the right to charge for the American IT Incorporated Software or any upgrades thereof at any time.

2.3.3

You acknowledge that the American IT Incorporated Software and all related information, including but not limited to any and all updates, improvements, modifications, enhancements, and information related to its online usage or installation of the American IT Incorporated Software at your home or office, are proprietary, and that all rights thereto, including copyright, are owned by American IT Incorporated. You further acknowledge that you have been advised that the American IT Incorporated Software, including updates, improvements, modifications, enhancements, and information related to installation, constitutes a trade secret of American IT Incorporated, is protected by civil and criminal law, and by the law of copyright, is valuable and confidential to American IT Incorporated, and that its use and disclosure must be carefully and continuously controlled.

2.3.4

American IT Incorporated shall at all times retain title to all the American IT Incorporated Software and all related information, including all updates, improvements, modifications and enhancements, furnished to you hereunder.

2.3.5

Unless provided otherwise in the specifications for Your Services, the American IT Incorporated Software supplied hereunder is for the personal or business use. You shall not permit any third party to use the American IT Incorporated Software or allow access to the American IT Incorporated Software. The American IT Incorporated Software is to be used only for the purposes specified in this Agreement and specifically as restricted in the following three subparagraphs of this Section 2.

2.3.6

While this Agreement is in effect, or while you have custody or possession of any of the Software, you will not: (i) reproduce, copy, reverse engineer or publicly display, or permit anyone else to reproduce, copy, reverse engineer or publicly display, any of the American IT Incorporated Software, whether such American IT Incorporated Software is in written or magnetic form or in the form of online access or any other form.

2.3.7

You agree to notify American IT Incorporated forthwith if you obtain information as to any unauthorized possession, use or disclosure of any American IT Incorporated Software by any person or entity, and further agree to cooperate with American IT Incorporated at American IT Incorporated's expense, in protecting American IT Incorporated's proprietary rights.

2.3.8

Unless agreed otherwise in writing by American IT Incorporated, the American IT Incorporated Software may be used only on a single computer or workstation. American IT Incorporated software designed for use on portable workstations may be installed on both a portable and a stationary computer but may not be used on both simultaneously. You may not install the American IT Incorporated Software on a network except to facilitate permissible installation of the American IT Incorporated Software on computers attached to the network, provided that you have the applicable license. You warrant and guarantee that all users of the software shall be aware of and comply with the terms of this license.

2.3.9

Certain American IT Incorporated Software may be provided for online use as part of the American IT Incorporated Services (the "American IT Incorporated Online Software"), and the use of such software may be subject to fees. The American IT Incorporated Online Software is hosted software which runs directly on American IT Incorporated's servers, and you may not download, install, store or make any copies of the American IT Incorporated Online Software, nor may you sublicense the American IT Incorporated Online Software. You agree not in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the American IT Incorporated Online Software or any copies thereof and not to assist any third party in doing so. The American IT Incorporated Online Software is designed to be used through the American IT Incorporated user interface and, as such, may be utilized by any authorized user from any computer or workstation. This license is automatically revoked upon termination of this Agreement. American IT Incorporated reserves the right to modify or discontinue the American IT Incorporated Online Software at any time without notice.

2.3.10

In the event of termination of this Agreement, or upon any act which shall give rise to American IT Incorporated's right to terminate, or upon the expiration of the license for American IT Incorporated Software which is subject to a limited-duration license, any and all licenses granted under this Section 2.3 shall terminate automatically, and you will remove, erase or destroy the American IT Incorporated Software and documentation and all copies thereof, wherever located, without demand or notice.

2.3.11

American IT Incorporated may stop providing the Software or any updates thereto, including but not limited to the Third-Party Software, at any time without notice or any further liability to You.

3. FEES

3.1

Certain American IT Incorporated Services are subject to set-up, service, and hosting fees, and by registering for such American IT Incorporated Services you authorize American IT Incorporated to charge you for any and all such fees.

3.2

American IT Incorporated agrees to host Your Web Site / Web Solution in exchange for your payment to American IT Incorporated of a monthly Fee for service in any given month, not later than the first of that month. In the event that American IT Incorporated determines that the services of a collection agency are necessary or appropriate to collect amounts due under this paragraph, which determination shall be made in American IT Incorporated's sole and unfettered discretion, any and all collection agency fees and other costs of collection shall be added to the amount due under this provision.

3.3

All Fees must be paid by Check drawn in the name of American IT Incorporated, however, recurring monthly fees as hosting etc. may be paid by a major credit card in United States Dollars. American IT Incorporated will charge the monthly fee and any additional fees to the credit card account provided by you on the 1st of each month in advance. You also agree that American IT Incorporated may automatically charge your credit card for any subsequent renewal term, additional services, and any related Fees or expenses applicable to Your Services or Your Website / Web Solution, including but not limited to fees for services in excess of those included within Your Services or Your Web Site / Web Solution, without further authorization from you. If payment in full is not received by American IT Incorporated from your credit card issuer or its agents, you agree to pay all amounts due from you for Your Services upon demand by American IT Incorporated. In case you want to pay hosting or any other recurring fee by check, it must be paid for the whole year or the remainder of a year if the payment becomes due after the 1st day of January.

3.3.1

Starting June 01, 2008 the following minimum charge period will apply to all recurring payments:

In case an account is cancelled before the end of a period that has already been charged, the client will be entitled to a pro-rata refund.

3.4

American IT Incorporated may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for Your Services. Any such promotions or modifications shall not effect your obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement , shall govern those packages / services. Promotional fees and special offers may not be combined.

3.5

To the extent Your Services are subject to the terms and conditions of American IT Incorporated's Money Back Guarantee (the "T&C Money Back Guarantee"), they are incorporated herein by reference.

3.6

American IT Incorporated offers a service uptime guarantee for the American IT Incorporated Services, which provides for a credit to You in the event the total availability of American IT Incorporated hosted web pages falls below 99.99% ("Uptime"). If You can demonstrate to American IT Incorporated's satisfaction, in American IT Incorporated's sole discretion, that American IT Incorporated has failed to maintain the Uptime, You may contact American IT Incorporated and request a credit for that month proportional to the amount of downtime, to be put towards the purchase of future American IT Incorporated Services. Credits cannot be redeemed for cash, and are exclusive of any applicable taxes. The credit does not apply to service interruptions caused by (i) periodic scheduled maintenance or repairs undertaken by American IT Incorporated from time to time; (ii) downtime caused by You; (iii) outages that do not limit browser access to Your web site (for example, interruptions to your ftp service or e-mail); (iv) suspension of Your account due to legal action taken or threatened against You or Your Services; (v) suspension of Your account due to violations of the G T&C, as determined in American IT Incorporated's sole discretion, including but not limited to excessive use of system resources, non-payment or other billing issues, or identification by the abuse team as fraudulent or otherwise in violation of the G T&C; or (vi) causes beyond the control of American IT Incorporated or that are not reasonably foreseeable by American IT Incorporated.

3.7

You shall pay all costs of collection, including reasonable attorney's fees and costs, in the event any invoice requires collection efforts. All accounts referred to a collection agency shall be subject to an additional fee of $25, which must be paid in full before the account is reactivated.

3.8

International Customers bear the risk of currency fluctuations and any fees or taxes associated with the conversation of foreign currencies into United States Dollars. Certain American IT Incorporated Services will not be available to International Customers until American IT Incorporated is able to receive satisfactory confirmation from such customer's credit card provider, in American IT Incorporated's sole discretion, that the funds will be available for debit from the International Customer's account. Orders from International Customers will not be accepted unless the country provided in the contact information matches that on file for the credit card used for payment of the Fees.

3.9

Upon cancellation of this Agreement you will receive a prorated refund of any pre-paid, refundable fees for the remainder of any term. Fees for certain services, including but not limited to domain name registration and maintenance, set up fees, shipping and handling, SSL certificate fees, are not refundable unless provided otherwise by applicable local law. American IT Incorporated may, in its sole discretion, refund other amounts as it deems necessary or advisable.

4. NO EXPRESS OR IMPLIED AGREEMENT TO DISSEMINATE MATERIALS WHICH ARE INCONSISTENT WITH YOUR WARRANTIES

Receipt by American IT Incorporated of data for storage in Web Site Space and / or transmission via American IT Incorporated's Equipment which are inconsistent with your warranties set forth in Section 7 herein shall not constitute an agreement by American IT Incorporated to allow the American IT Incorporated Services or the American IT Incorporated Equipment to be used to disseminate such information or data in whole or in part, by any means, or if once disseminated via the use of American IT Incorporated's Services or Equipment, to continue to disseminate such data.

5. NO WARRANTIES BY American IT Incorporated

THE American IT Incorporated SERVICES AND American IT Incorporated SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE American IT Incorporated SERVICES IS AT YOUR SOLE RISK. American IT Incorporated DOES NOT WARRANT THAT THE American IT Incorporated SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES American IT Incorporated MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE American IT Incorporated SERVICES. NO WARRANTY IS MADE BY American IT Incorporated REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT, AND American IT Incorporated HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF SERVICES OR GOODS PROVIDED TO YOU HEREUNDER, INCLUDING BUT NOT LIMITED TO YOUR SERVICES AND YOUR WEB SITE / WEB SOLUTION; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. American IT Incorporated DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE American IT Incorporated SERVICES WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR OTHER HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT NO REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO YOU REGARDING THE POTENTIAL VOLUME OF PATRONAGE OF YOUR WEB SITE / WEB SOLUTION OR ANY OTHER PERSON'S OR ENTITY'S WEB SITE  / WEB SOLUTION.

6. American IT Incorporated's LIMITED LIABILITY

YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT. IN NO CASE SHALL American IT Incorporated, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR OTHERWISE RELATING TO THE American IT Incorporated SERVICES. SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH COUNTRIES, STATES OR JURISDICTIONS, American IT Incorporated'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, American IT Incorporated DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING THE American IT Incorporated SERVICES, AND American IT Incorporated WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES. YOU HEREBY RELEASE American IT Incorporated FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS. THE TOTAL LIABILITY OF American IT Incorporated FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL SERVICE FEES PAID BY YOU TO American IT Incorporated IN THE SIX MONTHS PRECEDING SUCH ALLEGED BREACH, BUT IN NO EVENT TO EXCEED $500.

7. YOUR ADDITIONAL OBLIGATIONS AND WARRANTIES

7.1

You agree and warrant that the contact information you have provided to American IT Incorporated is complete and accurate, and you further agree to notify American IT Incorporated within fifteen days of a change to any such contact information. Contact information includes your full legal name, e-mail address, and mailing address and the name, mailing address, telephone number, facsimile number, and e-mail address of the technical and administrative contacts for your domain / website / web solution, if any.

7.2

You agree to provide American IT Incorporated notice of any changes in the primary or secondary DNS address of your name servers, to the extent you have installed and are operating those name servers or to the extent your domain name is held by another registrar and points to a website hosted by American IT Incorporated.

7.3

You agree and warrant that your use of the American IT Incorporated Services and American IT Incorporated's Equipment, and all sales and distributions, by any and all means, of any type of Content including, but not limited to, executable files (such as .EXE), digitized audio/visual files, or archived copies of copyrighted works (such as .ZIP); goods, including, but not limited to, videotapes and CD-ROM products, and any type of services by you, which are advertised and / or promoted by, or are in any other way directly or indirectly associated with your use of the American IT Incorporated Services or American IT Incorporated Equipment, shall at all times comply with all applicable Laws.

7.4

You agree and warrant that you will neither store on nor allow to be transmitted by American IT Incorporated's Equipment any data or other matter which constitutes, contains, or links to child pornography or which involves depictions of sexuality by an age-inappropriate-looking performer (i.e. someone who looks younger than eighteen years of age, regardless of their actual age) or by a performer who is portrayed or made to appear as a person under the age of eighteen years of age by virtue of the advertising, script, make-up, demeanor, costuming, setting, etc., or which could otherwise result from or cause harm to minors.

7.5

You agree and warrant that all data, visual materials, advertising and other matter you store on or allow to be transmitted by American IT Incorporated's Equipment shall be solely for business, entertainment and / or educational purposes and that you shall assume the sole responsibility and duty to ensure that all such data, visual materials, advertising and other matter shall be transmitted exclusively to willing adults and only to places in which such materials comply with contemporary community standards.

7.6

You agree and warrant that all data, visual materials, advertising and other matter you store on or allow to be transmitted by American IT Incorporated's Equipment shall not violate any settled universal Norms & Concepts concerning obscenity and shall not contain or link to any nudity, pornography, or depictions of bestiality, incest, rape, sexual assault, actual physical violence, torture or disfigurement, or other content deemed objectionable by American IT Incorporated, in its sole discretion.

7.7

You agree that you shall install and maintain appropriate and effective screening  procedures on Your Web Site / Web Solution to avoid access to, or communication of, any harmful matter or indecent communications to minors or unwilling adults.

7.8

You agree that if, in American IT Incorporated's sole and exclusive discretion, American IT Incorporated concludes that Your Web Site / Web Solution displays, contains or links to any harmful matter or indecent materials or communications which are available to, or accessible by, minors or unwilling adults, or displays or contains any material that consists of child pornography or which could otherwise result in harm to minors; then American IT Incorporated may, without prior notice to you and in American IT Incorporated's sole and exclusive discretion, either remove and erase the material from Your Web Site / Web Solution, and / or disable public access to the material on Your Web Site / Web Solution, and / or terminate your service at any time without prior notice and without any liability of any kind to American IT Incorporated from either you or any third party.

7.9

You agree that in the event that American IT Incorporated is informed by any party that your domain name or any material on Your Web Site / Web Solution infringes the copyright of any party, or violates the right of publicity or privacy of any party, or consists of any other claim or violation of intellectual property rights of any kind, then American IT Incorporated may, without prior notice to you and in American IT Incorporated's sole and exclusive discretion, either remove the material from Your Web Site / Web Solution, and / or disable public access to your domain name or the material on Your Web Site / Web Solution, and / or terminate this Agreement, without any liability of any kind to American IT Incorporated from either you or any third party. As more completely set forth in Sections 5, 6 and 9, you waive any and all claims you may have, now and forever, against American IT Incorporated relating to any action taken in response to the claim that you have infringed the intellectual property rights of a third party, and agree to indemnify and hold harmless American IT Incorporated from and against any such claims.

7.10

You affirmatively represent, agree and warrant that you have and at all times shall have all necessary intellectual property rights, including, but not limited to, all copyrights, trademark and service mark rights and rights of publicity, both in the United States and throughout the world, to reproduce and disseminate, via the Internet, all data which you store in Web Site / Web Solution or which you otherwise promote, advertise, disseminate and / or distribute to anyone by your direct or indirect use of the American IT Incorporated Services or American IT Incorporated's Equipment, including, without limitation, all advertising and promotional materials, prior to and at all times during the time such materials are promoted, advertised, disseminated or distributed through any direct or indirect use of the American IT Incorporated Services or American IT Incorporated's Equipment.

7.11

You agree and warrant that no data or other matter you store on or allow to be transmitted by American IT Incorporated's Equipment shall constitute or contain or link to material which is libelous, slanderous, defamatory, or which will violate or infringe upon or will otherwise give rise to any adverse claim with respect to any common law or other right of any person or other entity, including, without limitation, privacy rights and all other personal and proprietary rights. You agree not to collect the personally identifiable data of any person without that person's consent, records of which shall be maintained throughout the term of this Agreement and for three years afterward. If you collect this data through Your Web Site / Web Solution you shall do so only pursuant to a posted privacy policy disclosing any and all uses of such identifiable data and in compliance with applicable law.

7.12

You agree and warrant that no data or other matter you store on or allow to be transmitted by American IT Incorporated's Equipment shall contain or link to any material which is harmful, violent, threatening, abusive or hateful.

7.13

You agree and warrant that any and all material(s) of every kind which you store in Web Site / Web Solutionor transmit using American IT Incorporated's Services or Equipment shall at all times be free from any and all damaging software defects, including, but not limited to, software "viruses", "worms", "Trojan Horses," etc., which may cause software or hardware disruption or failure, reduced computer operating speed, or compromise any security system. You agree that you will not attempt to access the American IT Incorporated Equipment or Web Site or another customer's Web Site / Web Solution without authorization, or use the American IT Incorporated Services to to carry out, or assist in the carrying out of, any "denial of service" attacks on any other website / Web Solution service.

7.14

You agree and warrant that you shall not use any form of mass unsolicited electronic mail solicitations, news group postings, IRC posting or any other form of "spamming," "phishing", or "mail bombing", and American IT Incorporated reserves the right to block mail from any source which American IT Incorporated believes, in its sole discretion, is being used to send such unsolicited e-mail, including but not limited to open mail relays.

7.15

You agree and warrant that you shall not engage in any false, deceptive or fraudulent activities in association with your use of the American IT Incorporated Services or American IT Incorporated's Equipment.

7.16

You shall at all times use Web Site / Web Solution exclusively as a conventional Web Site / Web Solution. All use of  American IT Incorporated's Services and Equipment shall at all times be in a manner consistent with this Agreement and shall not in any way impair the functioning or operation of American IT Incorporated's Equipment or network. Should your use of the American IT Incorporated Services result in an overly high load on the American IT Incorporated Equipment, in American IT Incorporated's sole discretion, American IT Incorporated may suspend your account until the cause of any such overload is determined and resolved.

7.17

You agree and warrant that all applicable taxes have been paid or will be paid in full by you when due regarding all businesses and employees associated with your use of the American IT Incorporated Services and that no taxing authorities shall have any claim against American IT Incorporated or any persons affiliated therewith for the payment of such taxes.

7.18

You represent and warrant that you are over eighteen years of age (twenty one in places where eighteen years is not the age of majority) and are fully competent to enter into this Agreement.

7.19

You agree to comply with all Laws rules regarding online conduct and acceptable Content.

7.20

You represent and warrant that you are not a national or resident of Burma/Myanmar, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, and Syria or any other country subject to U.S. Treasury Department embargo restrictions, and that you are not listed in the "Entity List" or "Denied Persons List" maintained by the US Department of Commerce or the list of "Specially Designated Nationals and Blocked Persons" maintained by the US Department of Treasury. You further acknowledge that you are not a national or resident of a country whose name is otherwise omitted from the registration form for American IT Incorporated Services. Residents of countries which are serviced by a American IT Incorporated affiliate are required to contract with those American IT Incorporated affiliates, and you represent and warrant that you are not a resident of one of those countries.

7.21

You agree to abide by United States and other applicable export control laws and not to transfer or permit the transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to your American IT Incorporated account / website / web solution any data, script or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

7.22

You agree not to use your e-mail account for the storage of files other than in the course of normal e-mail usage.

7.23

You shall not operate a chat room using the American IT Incorporated Services unless expressly permitted by the terms and conditions of Your Services.

8. CONFIDENTIALITY, TRADEMARK, AND COPYRIGHT

8.1

During the course of this Agreement you may gain access to certain confidential, proprietary and trade secret business or technical information belonging to American IT Incorporated in connection with American IT Incorporated's performance of the American IT Incorporated Services ("Confidential Information"). You agree to preserve the confidentiality of all Confidential Information that is provided in connection with the Agreement, and shall not, without the prior written consent of American IT Incorporated, disclose or make available to any person, or use for your own or any other person's benefit, other than as necessary in performance of your obligations under this Agreement, any Confidential Information of American IT Incorporated. American IT Incorporated retains all right and title to such Confidential Information.

8.2

American IT Incorporated is a service mark of American IT Incorporated All rights reserved. The trademarks, logos, and service marks displayed on this Web Site (collectively, the "Marks") belong American IT Incorporated and / or its affiliates or third parties which have licensed those rights to American IT Incorporated ("Partners"); American IT Incorporated and Partners retain all rights to the Marks and nothing in this Agreement grants you or anyone else any right whatsoever to the use of the Marks. You may not use, reproduce, or display any Marks without their owner's prior written consent. All other trademarks, product names, and company names and logos appearing on American IT Incorporated's Web Site are the property of their respective owners.

8.3

Unless expressly stated otherwise on the American IT Incorporated Web Site, you should assume that all content, images, and materials appearing on this Web Site (collectively the "American IT Incorporated Content") are the sole property of American IT Incorporated. Both U.S. and international copyright laws and treaties protect such American IT Incorporated Content. You may not use, reproduce, display, or sell any American IT Incorporated Content without American IT Incorporated's prior written consent. You may not link to any page within American IT Incorporated's Web Site or frame any portion of the site without American IT Incorporated's prior written consent.

9. YOUR INDEMNIFICATION OF American IT Incorporated

You agree that you shall fully defend and indemnify American IT Incorporated, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys' fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly resulting from any and all failures of you or your agents to fully comply with all duties, obligations and other provisions set forth in this Agreement, including, but not limited to, your warranties set forth in Section 7 or your violation of a third party's intellectual property rights. You further agree to defend, indemnify and hold harmless American IT Incorporated, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, loses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys' fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission of you or your agents in connection with the performance of this Agreement. You agree that American IT Incorporated shall have the right to participate in the defense of any such claim through counsel of its own choosing at your expense.

10. NO JOINT VENTURE OR PARTNERSHIP

Nothing in this Agreement is intended by the Parties to create or constitute an agency, joint or collaborative venture, or partnership of any kind between American IT Incorporated and you, nor shall anything in this Agreement be construed as constituting or creating any such agency, joint or collaborative venture, or partnership between American IT Incorporated and you. American IT Incorporated shall have no control or ownership interests of any kind in your business. American IT Incorporated shall have no direct financial or other interest in, nor in any way "own" any online "store" or other online venture pertaining to your use of the American IT Incorporated Services or American IT Incorporated's Equipment. American IT Incorporated's relationship to you shall be restricted to matters pertaining to the provision of the American IT Incorporated Services as set forth in this agreement.

11. American IT Incorporated HAS MADE NO REPRESENTATIONS REGARDING SUCCESS, MARKETS OR PROFITABILITY

11.1

You confirm that you have unilaterally decided to enter the online and / or Web Site / Web Solution service / business and that these are high risk businesses. You further confirm, understand, acknowledge and expressly agree that neither American IT Incorporated, any agent or representative of American IT Incorporated, nor any other person is currently representing or otherwise directly or indirectly communicating in any manner herein or otherwise, nor has at any time in the past, represented to you or has otherwise directly or indirectly communicated in any manner to you any guarantee, reassurance or any other communication of any kind regarding:

11.1.1

The potential profitability or likelihood of success of your endeavors through the use of the American IT Incorporated Services or American IT Incorporated's Equipment as set forth herein or otherwise;

11.1.2

The possibility or likelihood that use of any products and / or services provided by American IT Incorporated pursuant to this Agreement can or will result in the recovery of any funds expended by you for any purpose; or

11.1.3

The existence, nonexistence, size or any other characteristics of any market for any products or services which involve your use, in any manner, of the American IT Incorporated Services or American IT Incorporated's Equipment pursuant to this Agreement.

11.2

You expressly acknowledge and agree that the success of any business endeavors which involve your use, in any manner, of the American IT Incorporated Services and / or American IT Incorporated's Equipment pursuant to this Agreement, like any other business endeavor, is subject to numerous factors, such as the demand or usefulness of the product or service, effectiveness of its advertising and promotion, your administrative capabilities, etc., and that the ultimate success or failure of your business rests with you and not American IT Incorporated. You further expressly agree not to raise any claim of any kind against American IT Incorporated and to hold American IT Incorporated harmless from any claim of financial investment loss to you directly or indirectly resulting from your decision to use the American IT Incorporated Services and / or American IT Incorporated's Equipment pursuant to this Agreement.

12. SERVICES RENDERED ON A NON-EXCLUSIVE BASIS

Any and all services which are or may be provided to you by American IT Incorporated pursuant to this Agreement, including the licensure of rights herein, are not exclusive and nothing in this Agreement shall limit or restrict American IT Incorporated from providing similar services and granting similar licenses to third parties regardless of whether such third parties are competitors of you. Nothing in this Agreement shall limit or restrict American IT Incorporated from engaging in any activities similar to yours or in competition with you.

13. NO EDITORIAL CONTROL BY American IT Incorporated

American IT Incorporated and you agree that, consistent with the strict policy of American IT Incorporated, and in reliance on your express warranties regarding the substantive content of data, advertisements, communications, messages and other materials which you shall store in Web Site / Web Solution, and / or otherwise disseminate via the use of American IT Incorporated's Services or Equipment, American IT Incorporated shall neither have nor exert any editorial or other subjective control over the substantive content of such data, advertisements, communications, message or other materials. American IT Incorporated does not engage in any monitoring of the substantive content comprising Your Web Site / Web Solution or Web Site Space. American IT Incorporated exercises no control over information which is found on the internet, except for its own Web Site, and cannot be held responsible for the accuracy, correctness, or legality of such information. You are solely responsible for the content of Your Web Site / Web Solution and for verifying the accuracy and suitability of information and services you obtain from third parties via the internet.

14. TERM AND TERMINATION

14.1

Unless sooner terminated pursuant to other terms of this Agreement, and except as otherwise provided in this Agreement, this Agreement shall be for an initial term of one month and shall be automatically renewed each month for additional one month periods unless and until sooner terminated pursuant to the provisions of this Section 14. American IT Incorporated may accept prepayment for services to be provided under this Agreement, but such acceptance shall not modify or extend the term of this Agreement.

14.2

Notwithstanding the provisions of Paragraph 14.1. to the contrary, American IT Incorporated offers certain services / solutions for which the initial term of this Agreement shall be in excess of one month ("Extended Term Services"), at the end of which this Agreement shall renew automatically on a month-to-month basis pursuant to the terms of Section 14.1. Any and all service fees for the Extended Term Packages are due and payable for the entire initial term thereof, and should you terminate, attempt to terminate, or otherwise default on this Agreement prior to the end of the initial term you authorize American IT Incorporated to charge you for all such fees and charges for the remainder of such initial term. Fees paid for the Extended Term Services are not refundable unless this Agreement is terminated by American IT Incorporated without cause pursuant to Section 14.3. or as otherwise decided by American IT Incorporated in its sole discretion.

14.3

You or American IT Incorporated may terminate this Agreement at any time for any reason, with or without cause, upon thirty days' written notice. American IT Incorporated may suspend performance under or terminate this Agreement and cease transmission of data associated with Your Web Site  / Web Solution immediately and without notice:

14.3.1

If American IT Incorporated, in its sole discretion, deems that you have breached any part of this Agreement, including, without limitation, any warranty or obligation set forth in Section 7,

14.3.2

If your credit card issuer refuses payment of fees or charges or you refuse authorization for same, or

14.3.3

If payment for the American IT Incorporated Services is more than fifteen days overdue.

14.4

You further agree that in the event that American IT Incorporated believes, in its sole discretion, that you have breached any provision of Section 7 of this Agreement, or any of its sub-parts, by storing or allowing material such as that described in the aforementioned Section 7, or any of its sub-paragraphs, to be transmitted by American IT Incorporated's Equipment, that American IT Incorporated may without any liability to you, and in addition to any other remedies, erase or purge such materials from American IT Incorporated's Equipment without prior notice to you.

14.5

After termination, you will no longer have access to your account and all information or content, including but not limited to e-mails, web pages, image folders, animations, multimedia files, log files, databases, or other data / content files associated with your Account / Website / Web Solution / Control Panel may be deleted. American IT Incorporated accepts no liability for such deleted information or content. American IT Incorporated may, in its sole discretion, make such information or content available to you to the extent it has not been deleted.

14.6

You acknowledge and agree that American IT Incorporated or its agents, assignees or licensees may, upon termination for any reason, associate any data of any kind, in American IT Incorporated's sole discretion, with the Domain Name registered in association with Your Web Site / Web Solution as long as American IT Incorporated or American IT Incorporated's agent, assignee or licensee continue to be listed as the hosting entity with InterNIC or another domain name registry used to register Your Web Site's / Web Solution's domain name.

15. PRIVACY

15.1

It is American IT Incorporated's policy to respect your privacy. American IT Incorporated will not monitor, edit, or disclose any personal information about you or your account, including its contents, without your prior consent unless American IT Incorporated deems it necessary, in its sole discretion, to:

15.1.1

Comply with legal process or other legal requirements, including but not limited to responding to subpoenas or other requests for information from law enforcement officials;

15.1.2

Protect and defend the rights or property of American IT Incorporated or its officers, agents, affiliates, and licensees;

15.1.3

Enforce this Agreement; or

15.1.4

Protect the interests of other American IT Incorporated clients / customers.

15.2

NOTWITHSTANDING THE PROVISIONS OF THIS AGREEMENT TO THE CONTRARY, American IT Incorporated RESERVES THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW), IN ITS SOLE DISCRETION, TO MONITOR YOUR ACCOUNT, WEBSITE, WEB SOLUTION OR CONTROL PANEL INCLUDING BUT NOT LIMITED TO THE USE OF A USER'S MAIN ACCOUNT AND ANY SUB-ACCOUNTS, FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THIS AGREEMENT OR TO ASSIST WITH CRIMINAL OR CIVIL INVESTIGATIONS.

15.3

Your IP address is transmitted and recorded with each message you send using the services of American IT Incorporated, its Agents, Affiliates or Third Party Providers. American IT Incorporated,  its Agents, Affiliates or Third Party Providers may provide certain information in aggregate form collected from and relating to you to third persons such as advertisers. For a more detailed description of the types and uses of personal information collected from you, please read the American IT Incorporated Privacy Policy.

15.4

INTERNATIONAL CUSTOMERS UNDERSTAND AND AGREE THAT American IT Incorporated MAY DISCLOSE PERSONAL INFORMATION ABOUT THEM AND THEIR WEBSITE / WEB SOLUTION OR DOMAIN NAMES PURSUANT TO THIS SECTION, AND WAIVE ANY RIGHTS TO PRIVACY OR PROTECTION OF PERSONAL DATA RELATING TO SUCH INFORMATION TO THE FULLEST EXTENT PERMITTED UNDER NATIONAL AND INTERNATIONAL LAW.

16. SEVERABILITY

In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been included. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision.

17. NON-ENFORCEMENT DOES NOT CONSTITUTE WAIVER

Failure of American IT Incorporated at any time to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision (s) or the exercise of any other right hereunder. No waiver of a breach of this Agreement shall be valid unless made in writing and signed by duly authorized representative of American IT Incorporated.

18. NOTICES

18.1

American IT Incorporated may provide notice to you via e-mail sent to the e-mail address provided by you to American IT Incorporated. Such notice is deemed effective whether you receive it or not and shall be deemed written notice for the purposes of this Agreement.

18.2

You may provide notice to American IT Incorporated in one of the following ways:

18.2.1

By registered or certified mail, postage prepaid, delivered at the registered corporate office of American IT Incorporated.

18.2.2

By UPS, delivered at the registered corporate office of American IT Incorporated.

18.2.3

By Federal Express, delivered at the registered corporate office of American IT Incorporated.

18.2.4

By e-mail addressed to legal@aitincorporated.com provided that the sender must have auto responder message as proof of his e-mail. In case a message sent to legal@aitincorporated.com does not receive an auto generated response, apparently, the message has not been received, therefore, you must send notice using any other delivery option authorized in this agreement and the e-mail shall have no effect at whatsoever. Further, notice by e-mail to American IT Incorporated shall be deemed ineffective, null and void unless a copy of such notice is also sent by registered or certified mail, and postmarked not more than five days subsequent to the giving of e-mail notice. However, where all these conditions have been complied with, the effective date of notice will be the date of e-mail as substantiated by the auto responder.

18.3

Such notice, statement or other document so delivered to American IT Incorporated, except as this Agreement expressly provides otherwise, shall be deemed to have been given / served on the date of delivery or on the date of receipt.

19. FORCE MAJEURE

19.1

In the event of "force majeure" (as defined below), American IT Incorporated may terminate this Agreement without liability to you. For purposes of the Agreement, "force majeure" shall mean circumstances or occurrences beyond American IT Incorporated's reasonable control, whether or not foreseeable at the time of entering into the Agreement, in consequence of which American IT Incorporated cannot reasonably be required to perform its