Terms of Service for Training Wheels of Tennessee

Rev. 13 October 2008

1.            Introduction
This document (the “Agreement”) sets forth the principles, guidelines and requirements of the Terms of Service of CeMass Business Services (the "Company") governing the use by the customer ("Customer") of Company's services ("Services"). These Terms of Service have been created to promote the integrity, security, reliability and privacy of Company's Customer data contained within. The Company believes it provides one of the best services in the industry, and provides the following policies in the best interests of the Company and the Company's clients. The Company retains the right to modify these Terms of Service at any time and from time to time and any such modification shall be automatically effective as to all customers when adopted by Company and published at http://www.CeMassBizServices.com/terms.htm.   The Company shall be the sole and final arbiter as the interpretation of the following. By utilizing the Company's service, the Customer agrees to be bound by the terms herein outlined.

Questions or comments regarding this document should be forwarded to the Company at the following address:   ann.cuddy@CeMassBizServices.com.

2. Compliance with the Law

Customer shall not post, transmit, re-transmit or store material on or through any of Service which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer. The Customer agrees to indemnify and hold harmless the Company from any claims resulting from the use of the services, which damages the Customer or any other party. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.

3. Prohibited Uses of Services

In addition to the other requirements of these Terms of Service, Customer may only use this Service in a manner that, in the Company's sole judgment, is consistent with the purposes of such Service. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company as provided above. By way of example, and not limitation, uses described below of the Service are expressly prohibited.

3.1. General

3.1.1. Pornography and pornographic related merchandising are prohibited under all the Company's services. This includes sites that include links to pornographic content elsewhere. This also includes nudity of any kind (complete or partial), sites depicting nude images, incest, bestiality, sexual fetishes, and sensual art. Further examples of unacceptable content or links include pirated software, "hacker" programs, archives of "Warez Sites", game rooms or MUDs, IRC Bots, Egg Drop programs, any kind of illegal software or shareware, content that promotes violence, witchcraft, satanic activity or paganism. In addition sites offering online gambling, casino functionality, sports-book betting (including offshore), online banking services, Internet lotteries and online pharmacies or sites that directly sell prescription or non-prescription drugs and pharmaceuticals are prohibited. We are Christian businesspersons and as such, will not allow our Service to be used to promote these types of activities.

3.2. Billing

3.2.1. Furnishing false or incorrect data on the order form or contract, including fraudulent use of checking account information and Customer contact information.

3.3. Email

3.3.1. Sending unsolicited commercial email messages (UCE), including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of Customer or with whom Customer does not have an existing business relationship ("email spam"). Violation of this or any section of this Agreement will result in immediate account suspension and/or termination, as well as further penalties and refund ineligibility.

3.3.2. Sending UCE referencing an email address for any domain listed by the Company;

3.3.3. Sending UCE referencing a domain or web site hosted by the Company regardless of the source of the email sender (otherwise known as spamvertising a web site);

3.3.4. The Company will be the sole arbiter as to what constitutes a violation of these provisions.

3.3.5. Harassment, whether through language, frequency or size of messages.

3.3.6. Unauthorized use, or forging, of mail header information.

3.3.7. Solicitations of mail for any other E-mail address other than that of the poster's account or service with the intent to harass or to collect replies.

3.3.8. Creating or forwarding "chain letters" or other "pyramid schemes" of any type.

3.3.9. Use of unsolicited email originating from within the Company's service or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company.

3.3.10. Activities deemed to be unsolicited marketing efforts or otherwise harassing in any way.

3.3.11. Customer will be charged a minimum $300.00 service charge for each instance of a verifiable UCE that is reported to the Company and faces immediate account suspension and/or termination, as well as further penalties. Company is not obligated to provide advanced notice of account suspension due to violation of any Terms of Service and may at it's discretion immediately suspend and/or terminate any account for violations.

3.4. Customer Support

3.4.1. The Company promotes a mutually professional relationship with its customers. Abusive, threatening, demeaning, obscene or otherwise harassing communications with agents of the Company, via telephone, email, online chat or other means will result in immediate account termination not withstanding any other terms of this agreement. Violation of this or any section of this Agreement will result in refund ineligibility.

3.4.2. Customer will not receive a refund for account suspension or termination for violation of policies.

3.4.3. Customer will be charged a $15 account reactivation fee for each listing suspended due to a billing-related issue. Accounts are suspended the day after their annual renewal date if payment is not received by the renewal date. It is the customer’s responsibility to maintain a valid and working email address listed with the company billing department at all times while service is being provided. Renewal notices are sent via email to the contact email listed on customers account prior to annual renewal date. Failure to receive a renewal notice does not constitute grounds for non-payment of renewal.

3.4.4 Customer shall pay the fees and other charges for Services ordered from Company as published on this site at the time of order. Company reserves the right to change rates without notice; any changes in price will take effect upon renewal of the existing hosting account and immediately for new purchases.

3.4.5. Customer agrees that the Company reserves the right to change its fees, features, and discount offerings and the Customer agrees to be bound by any changes of fee, feature, and/or discounts for future purchases if so made.

3.4.6 Customer agrees that all monies paid in advanced for work to be completed are non-refundable.

3.4.7 A fee of $25.00 returned check fee will be charged for all checks returned for insufficient payment.

4. Terminating the Agreement

4.1. The Company reserves the right to terminate this agreement, immediately upon the occurrence of any of the following events:

4.1.1. Non payment of any charges due from Customer;

4.1.2. Breach of any term or condition of this agreement by Customer;

4.1.3. Commencement of any lawsuit or proceeding against Customer arising from or relating to its use of the Website, whether or not such suit names the Company as a party or seeks any recovery from the Company.

4.1.4. Payment for any charges are due at the time of signup and renewal respectively. All payments must be in U.S. Dollars. Accounts, which have balances outstanding, shall be deemed to be in default and subject to termination of service. Customer shall be responsible for all costs of collection, including reasonable attorney's fees and court costs, in event of a default for nonpayment of any amounts due the Company.

5. Customer Responsibility

5.1 It is the customer's responsibility to maintain an active email address and notify company of any changes to the account administrative contact. Customers needing to update their information must do so by contacting the company. Failure to maintain accurate contact information and a working email address will prevent the Customer from receiving important account notices and information and therefore is a serious matter.

6. Indemnification of Provider/Relationship of Parties

6.1. Customer agrees to indemnify and hold the Company harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to Customer's Website provided hereunder.

6.2. Nothing contained herein shall be deemed to create a relationship between the Company and Customer in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that the Company has no interaction with the data or substance of Customer's Website, except as necessary to maintain the Website on the web server.

7. Violation

Any attempt to undermine or cause harm to the Company service or another customer's Web presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; the Company reserves the right to remove any account without prior notice. Violation of these Terms of Service may result in legal action, service charges or a combination thereof.

8. Confidentiality

Customer acknowledges that by reason of their relationship, both the Customer and the Company may have access to certain products, information and materials relating to the other part’s business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both the Company and the Customer agree that it will not use in any way for its own account or for the account of any third part, nor disclose to any third part, any such information revealed to it by either part, as the case may be.

The Customer and the Company further agrees that each will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or the Company.

9. Refusal of Service

9.1. The Company reserves the right to refuse service to anyone it so deems as a potential risk of violation of these Terms of Service.

9.2. If any of these Terms of Service are failed to be followed it will result in grounds for immediate account deactivation, termination or suspension and the Customer's web site listing and permanently deleted from Company.

10. Disclaimer

10.1. Use of the company’s services is at customer’s sole risk. Neither the company nor its employees, agents, resellers third party information providers, merchants licensers or the like, make any warranties, including any implied warranties of merchantability or fitness for a particular purpose, that the company’s services will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the company’s services or as to the accuracy, or reliability of any information service or merchandise contained or provided through the company’s service, unless otherwise expressly stated in this agreement. this includes loss of data, whether resulting from delays, on deliveries, wrong delivery, and any and all service interruptions caused by the company and its employees or other causes.

10.2. The sole cumulative liability of the company for all claims made by the customer, or any other party, regardless of form, including any cause of action based on contract, tort or strict liability, shall not exceed the total amount of all fees and charges paid to the company by the customer.

10.3 We also are concerned with the privacy of on-line communications. In general, the Internet is neither more nor less secure than other common communications media, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, we urge our customers to assume that all of their on-line communications are insecure.

We cannot take any responsibility for the security of communications transmitted over our facilities. We will comply fully, however, with all applicable laws concerning the privacy of our customers' on-line communications. In particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our customers unless required to do so by law. We may, however, monitor our service electronically to determine that our facilities are operating satisfactorily. Also, we may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, we may disclose information transmitted over our facilities where necessary to protect us and our customers from harm, or where such disclosure is necessary to the proper operation of the system.

We expect that our customers who provide web-hosting services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A customer's failure to comply with those laws will violate our policy. Finally, we wish to emphasize that in signing up for services and therefore agreeing to the Terms of Service, customers indemnify us for any violation of the customer of the Terms of Service, or of law or corporate policies, that results in loss to us or the bringing of any claim against us. This means that if we are sued because of activities of the customer that violate any law, the Terms of Service, the customer will pay any damages awarded against us, plus costs and reasonable attorneys' fees.

We hope this Policy Statement is helpful in clarifying the obligations of Internet users, including us and our customers, as responsible members of the Internet.

10.4. The Company reserves the right to revise or change these Terms of Service at any time.

10.5. This Agreement shall be governed in all respects under the laws of the State of Massachusetts applicable to contracts made, accepted and performed wholly in Massachusetts, without application to principles of conflict of laws, and the Customer and the Company agree that the sole venue and jurisdiction for any disputes arising from this Agreement shall be the appropriate federal or state court located in the State of Massachusetts.