Appendix G— ShopKart End User License Agreement (EULA)Appendix G— ShopKart End User License Agreement (EULA)\9.0— Miscellaneous:

9.1

Public Nature of Internet. Please understand that all information submitted on the ShopKart Server shall be considered publicly accessible. Important and private information should be protected by you. For example, we are not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use.

9.2

Unsolicited Electronic Mail. You are expressly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it via opting into e-mail lists.  Opting into lists at third party e-mail providers does not constitute opting in to receive e-mails from your company. Malicious or threatening emails are also prohibited. Although we will make reasonable efforts to alert you to such activities and allow you an opportunity to cure them within a 12-hour period after discovery, we reserve the right to immediately deactivate your use of our service if we discover such activity.  Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this agreement.

9.3

Governing Law and Attorneys' Fees. This agreement will be interpreted and applied in accordance with the laws of the state of Nevada and shall be heard in a court of competent jurisdiction in Washoe County, Nevada, without regard to the conflicts of law provisions. In any action or proceeding to enforce rights under this agreement, the prevailing party will be entitled to recover costs and attorneys' fees, whether or not a suit is actually filed.

9.4

Control and Ownership of IP. We maintain and control ownership of all IP numbers and addresses that may be assigned to you, and we reserve, in our sole discretion, the right to change or remove any and all IP numbers and addresses.

9.5

Excessive CPU Usage.  ShopKart Servers which use, in our discretion, CPU processing capacity on the Physical Server in excess of the designed processing capacity will be subject to immediate deactivation. Upgrades to the processing capacity are available.

9.6

Resale of Services and Flow-down of Obligations. You may not resell space on your own ShopKart Servers under any circumstances; however you may resale ShopKart Software solutions, provided you ensure your clients also agree to these terms and conditions. All web stores must be for the benefit of the company named in this agreement and is further clarified as for the benefit of    NetSoft

9.7

Age. You certify that you are at least 18 years of age.

9.8

Transfer. You may not transfer or assign this agreement without the written consent of NetSoft Studio.

9.9

NetSoft Studio, its parent companies or associate companies reserves the right to refuse service at our discretion without notice and/or with or without cause with exception of race, nationality, creed, sexual orientation, religion or gender.