DIYthemes Membership Terms and Conditions of Service ## QUICK AND EASY VERSION As a paid customer of DIYthemes, youre a member

of the DIYthemes.com website community. This allows you to get upgraded versions of Thesis, support in the forums, access to related products and services, and other benefits of membership, all subject to the terms and conditions contained in this document. ## Personal Membership: This membership entitles you to install Thesis on two (2) domains that you or your company owns. ## Developer Membership: This membership entitles you to install Thesis on an unlimited number of domains that you or your company owns. Use or distribution of Thesis in violation of the terms and conditions of membership contained in this document will result in termination of your membership, without refund. Also, please be civil and considerate when making use of the DIYthemes forums, as bad behavior is also grounds for termination of your membership. ## LAWYER VERSION: Use and enjoyment of services (Service) from DIYthemes (DIYthemes), owned and operated by DIYthemes LLC, is provided to you (you or Member) under the DIYthemes Membership Terms and Conditions of Service (Terms and Conditions of Service or Agreement). DIYthemes reserves the right to update and change the Terms and Conditions of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to the Terms and Conditions of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Member can review the most current version of the Terms and Conditions of Service at any time at this URL: http://diythemes.com/thesis/downloads/tos-07-2010/ Violation of any of the terms below will result in the termination of your Membership. You agree to use the Service at your own risk. ## 1. Membership and Account Terms DIYthemes.com is a membership website. Use of enjoyment of membership benefits, such as product access, updates, support, training and other benefits of membership are provided to paid Members in good standing only. You are responsible for updating your information, including contact names, addresses, telephone numbers and credit card information (as applicable) in a timely manner. Members are responsible for maintaining the security of accounts and passwords. DIYthemes cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. Members are responsible for all Content posted and activity that occurs under your account. Members may not use the Service for any illegal or unauthorized purpose.

You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and trademark law s). ## 2. Intellectual Property License ## Thesis General PHP License The PHP code portions of Thesis are subject to the GNU General Public License, version 2. All images, cascading style sheets, and JavaScript elements are released under the Thesis Proprietary Use License below. ## Thesis Proprietary Use License The Thesis Proprietary Use License is a GPL compatible license that applies only to the images, cascading style sheets, and JavaScript files contained in Thesis. These elements are the copyrighted intellectual property of DIYthemes and cannot be redistributed or used in any fashion other than as provided in thi s Agreement. NOTICE: Distribution of Thesis in its entirety inherently violates the Thesis Proprietary Use License. Further, use of the Thesis brand (trademark) to distribute the GPL portions of Thesis is a violation of trademark law. ## 3. Forum Content License, Acknowledgements, and Warranties DIYthemes Members submitting content in forums grant DIYthemes the rights to distribute, display, reproduce, reformat, translate, archive, license, edit, mod ify and create derivative works and/or excerpts of any such material for purposes of distributing the material as part of DIYthemes products and services (and the promotion of same). No Member Content submitted by Member shall contain any content that is obscene, libelous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of an y person, and the Member Content will not contain any viruses, scripts, macros, or programs or links to macros, scripts, programs, or any code that alters, destroys or inhibits the operation of, or infiltrates, computer systems or data run through such computer systems. Member shall indemnify and hold harmless DIYthemes, its affiliates and agents, and those licensed or otherwise authorized by DIYthemes to process, transmit or distribute Member Content from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys fees) arising out of or relating to any breach by Member of the foregoing representations and warranties or otherwise arising out of or relating to the contents or nature of the Member Content. ## 4. Modification to the Service and Prices DIYthemes reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to upgrade packages and

membership fees, are subject to change at anytime. DIYthemes shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. ## 5. Payments and Refunds Payment A valid credit card or PayPal account is required for purchasing upgrade s or additional products or services. Refunds You have 30 days to request a refund for any purchase from DIYthemes. ## 6. Term Term of membership is perpetual from date of purchase as long as Member continues to use DIYthemes services, or until such time as either party notifies the other to terminate with or without cause. These Terms and Conditions, including any revisions, remain in effect for the duration of membership. ## 7. Access During the Term, you are authorized to access the Service solely to manage your Thesis member account(s) or as otherwise authorized by DIYthemes in writing. You agree that you will not use the Service or any content therein or d ata obtained there from for any other purpose and that you will not disseminate any of this information. Your right to access your account with the Service (includi ng, without limitation, any login or other access information) is personal to you, n ontransferable and non-assignable, and is subject to any limits established by DIYthemes. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access or manage your account with the Service or to monitor or copy the Service websites or the content contained therein except those automated means expressly made available by DIYthemes, if any, or authorized in advance and in writing by DIYthemes (for example, DIYthemes-approved third party tools and services). Without limitation to the foregoing, you further agree that you will not take an y action that imposes an unreasonable or disproportionately large load on the Service as determined by DIYthemes. ## 8. Indemnity and Limitation of Liability Member will indemnify and hold harmless DIYthemes and its, affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by DIYthemes to transmit and distribute materials, from any and all liabilities, damages, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims alleging conduct that would amount to a breach of any of Companys representations and warranties in the Membership Agreement, including these Terms and Conditions. DIYTHEMES SHALL NOT BE LIABLE TO MEMBER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF DIY THEMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATED IN ANY WAY TO ANY PROVISION OF THIS AGREEMENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE

OR ANTICIPATED PROFITS OR LOST BUSINESS. IN NO EVENT SHALL DIYTHEMES BE LIABLE TO MEMBER FOR AN AMOUNT GREATER THAN THE PAYMENTS MADE BY MEMBER TO DIYTHEMES FOR PRODUCTS AND SERVICES PROVIDED PURSUANT TO THE TERMS OF THIS AGREEMENT. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so some or all of the above exclusions or limitations may not apply. ## 9. Cancellation and Termination DIYthemes, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other DIYthemes service, for violation of these Member Terms of Service. Such termination of the Service will result in the deactivation or deletion of y our Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. DIYthemes reserves the right to refuse service t o anyone for any reason at any time, and to refund your payment and terminate your account in the sole discretion of DIYthemes. If Member is dissatisfied with any aspect of the Service(s) after the 30-day ref und period, your sole and exclusive remedy is to terminate the Agreement and/or the Service(s) Terms by requesting your account be closed. Reasons for DIYthemes determination to so terminate, suspend or discontinue your account or participation may include, but is not limited to, if DIYthemes believes that you violated the Agreement or other policies or guidelines of the Service, a Third Party Product, or if DIYthemes believes Member conduct may be harmful to other consumers, members or licensees who participate in (or offer to its users) the Service Web Sites (and/or any part thereof). All decisions made by DIYthemes in this matter will be final and neither DIYthemes nor any of the DIYthemes Entities shall have any liability regarding such decisions. ## 10. Force Majeure If Service is prevented or delayed in or from performing any of its obligations under the Agreement due to circumstances beyond its control, including but not limited to governmental acts, war, riots, strikes or trade disputes (including b y and with our own employees), technical failure, general availability of the inte rnet, power failure, communications failure, weather, flood, fire or explosion, natura l or local emergency, DIYthemes shall not be liable for any resulting failure to prov ide services hereunder. ## 11. Notices Any notices or communications under the agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to DIYthemes, such notices shall be addressed to diythemes@gmail.com or to Samantha Clark, Esq., 4925 Greenville Avenue, Suite 200, Dallas, Texas 75206, USA. If to Member, such notices shall be addressed to the electronic or mailing

address specified in Memberss service registration form, or such other address as either party may give the other by notice as provided in this section. It is the applicants responsibility to provide an accurate address and to ensure that the Service is notified of any changes to applicants address as specified in this section. ## 12. Governing Law, Venue and Attorneys Fees The Membership Agreement, including these Terms and Conditions, shall be governed by and construed in accordance with the laws of the United States and the State of Texas. Any dispute arising under or related in any way to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Dallas, Texas. In the event of litigation to enforce any provision of the Membership Agreement, including these Terms and Conditions, the prevailing party will be entitled to recover from the other party its costs and fees, inclu ding reasonable legal fees. ## 13. Electronic Signatures Effective The Agreement is an electronic contract that sets out the legally binding terms of your use of the Services products and services, including, without limitation, the Service Web Sites. You indicate your acceptance of the Agreement and all of the terms and conditions contained or referenced in the Agreement and these Member Terms of Service and in any Programs Terms by clicking on the Register and Purchase button in connection with your enrollment. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. By clicking on the Register and Purchase button, you accept the Agreement, including, without limitation, the Programs Terms and agree to th e terms, conditions and notices contained or referenced therein. When you click on the Register and Purchase button during enrollment, you also consent to have the Agreement provided to you in electronic form. You have the right to receive the Agreement in non-electronic form. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access webbased content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including, without limitation, a computer and modem or other access device. Please print a copy of the Agreement for your records. To retain an electronic copy of the Agreement, you may save it into any word processing program. We will notify you of any changes in the hardware or software requirements needed to access and/or retain the Agreement that create a material risk that you will not be able to continue to access and/or retain th e electronic Agreement. ## 14. General Conditions Each Member uses the Service at Members sole risk. The Service is provided on an as is and as available basis. Technical support is only available via the support forum. Member must not use any DIYthemes digital products in a manner not permitted by the terms of Members membership level, and must not distribute any DIYthemes digital products to third parties by any means, including but not limited to posting download links at public o

r private forums, websites, peer-to-peer networks, torrents, or email li sts. DIYthemes reserves all rights with respect to its intellectual propert y, and all remedies, in law and in equity. Member must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, DIYthemes, or any other DIYthemes service. Member agrees not to reproduce, duplicate, copy, sell, resell or exploit any aspect of the Service, use of the Service, or access to the Servic e without the express written permission by DIYthemes. DIYthemes may, but has no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawf ul, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any partys intellectual property or these Terms of Service. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any DIYthemes customer, employee, member, or officer w ill result in immediate account termination. DIYthemes does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or errorfree, (iii) the results that may be obtained from the use of the servi ce will be accurate or reliable, (iv) the quality of any products, servic es, information, or other material purchased or obtained by you through th e service will meet your expectations, and (v) any errors in the Service will be corrected. The trademarks, service marks, product names and company names or logos appearing on diythemes.com may not be used without express permission. Member expressly understands and agrees that DIYthemes shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DIYth emes has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurem ent of substitute goods and services resulting from any goods, data, informat ion or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct o f any third party on the service; (v) or any other matter relating to the se rvice. DIYthemes liability to you shall not, for any reason, exceed the amount actually paid by you to DIYthemes. The failure of DIYthemes to exercise or enforce any right or provision

of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement betwe en you and DIYthemes and govern your use of the Service, superceding any prior agreements between you and DIYthemes (including, but not limited to, any prior versions of the Terms of Service).