This SharePoint Trial Agreement (this "Agreement") is between Rackspace US, Inc. d/b/a Rackspace Hosting ("we" or "Rackspace") and the customer who signs below ("you" or "Customer"). Each of the following documents is hereby incorporated by reference in this Agreement:

i. SharePoint Trial Product Terms & Conditions found below; and ii. Rackspace's Acceptable Use Policy found at http://www.rackspace.com/information/legal/aup.php as of the date of your signature below (the "Acceptable Use Policy").

SharePoint Trial Product Terms & Conditions
In addition to the General Terms and Conditions, your use of the Dedicated Microsoft SharePoint services (the "SharePoint Services") is subject to the following additional terms and conditions:

1. ADDITIONAL DEFINED TERMS

Some words used in these Managed Hosting Services Terms and Conditions have particular meanings:

"SharePoint Services" means Rackspace's provision for your use of the Dedicated Microsoft SharePoint services.

"Personally Identifiable Information" or "PII" means: (i) a combination of any information that identifies an individual with that individual's sensitive and non-public financial, health or other data or attribute, such as a combination of the individual's name, address, or phone number with the individual's social security number or other government issued number, financial account number, date of birth, address, biometric data, mother's maiden name, or other personally identifiable information; (ii) any "non-public personal information" as that term is defined in the Gramm-Leach-Bliley Act found at 15 USC Subchapter 1, § 6809(4), and (iii) "protected health information" as defined in the Health Insurance Portability and Accountability Act found at 45 CFR §160.103.

"Service Commencement Date" means the date on which we provide you with access to the SharePoint Services.

2. Use of the SharePoint Services

Rackspace will provide to you the use of Microsoft Dedicated SharePoint services for the term stated below. As part of the services we will provide you with a one (1) hour consultation with a Rackspace SharePoint team member who will provide you with a demonstration regarding the functionality of the SharePoint Services. You agree that you understand that the SharePoint Services are not intended for production purposes. You agree that you will be limited to a maximum of three (3) unique usernames. The SharePoint Services and the consultation have limited availability and will be provided AS IS, NO WARRANTY on a first come, first served basis.

3. What We Do Not Promise

Rackspace will not provide back up of the services, and disclaims any and all rights or warranties not expressly stated herein. Rackspace will not configure the MOSS Business Data Catalog, nor will it include any connectivity or integration with any other systems.

4. Term & Termination

The initial term of the Agreement begins on the Service Commencement Date and terminates on the thirtieth (30th) day following the Service Commencement Date. Upon termination, we will delete all content databases within forty-five (45) days of the Service Commencement Date unless such data is migrated to a Dedicated SharePoint solution purchased from Rackspace. You must notify us of your intent to migrate the data prior to termination.

5. Support

Rackspace representatives are available from 9:00 AM to 5:00 PM CST.

6. FEES

Fees, if any, are due within five (5) days of invoice date. If you have arranged for payment by credit card or ACH, Rackspace may charge your card or account on or after the invoice date. Fees must be paid in U.S. Dollars.

7. RESALE PROHIBITED

You may not resell the SharePoint Services.

8. MANAGED BACKUP

No backup of the SharePoint Services is provided, and we are not responsible for lost data.

9. INDEMNIFICATION

9.1 If we, our affiliates, or any of our or their respective employees, agents, or suppliers (the "Indemnitees") is faced with a legal claim by a third party arising out of your actual or alleged gross negligence, willful misconduct, violation of law, failure to meet the security obligations required by the Agreement, violation of the AUP, or violation of your agreement with your customers or end users, then you will pay the cost of defending the claim (including reasonable attorney fees) and any damages award, fine or other amount that is imposed on the Indemnitees as a result of the claim. Your obligations under this subsection include claims arising out of the acts or omissions of your employees or agents, any other person to whom you have given access to the Services, and any person who gains access to the Services as a result of your failure to use reasonable security precautions, even if the acts or omissions of such persons were not authorized by you. You must also pay reasonable attorney fees and other expenses we incur in connection with any dispute between persons having a conflicting claim to control your account with us, or any claim by your customer or end user arising from an actual or alleged breach of your obligations to them.

9.2 We will choose legal counsel to defend the claim, provided that these decisions must be reasonable and must be promptly communicated to you. You must comply with our reasonable requests for assistance and cooperation in the defense of the claim. We may not settle the claim without your consent, although such consent may not be unreasonably withheld. You must pay expenses due under this Section as we incur them.

10. LIMITATION ON DAMAGES

10.1 Neither of us (nor any of our employees, agents, affiliates or suppliers) is liable to the other for any lost profits or any other indirect, special, incidental or consequential loss or damages of any kind, or for any loss that could have been avoided by the damaged party's use of reasonable diligence, even if the party responsible for the damages has been advised or should be aware of the possibility of such damages. In no event shall either of us be liable to the other for any punitive damages.

10.2 We are not liable to you for lost data.

10.3 Notwithstanding anything in the Agreement to the contrary, except for liability based on willful misconduct or fraudulent misrepresentation, and liability for death or personal injury resulting from Rackspace's negligence, the maximum aggregate monetary liability of Rackspace and any of its employees, agents, suppliers, or affiliates in connection with the SharePoint Services, the Agreement, and any act or omission related to the SharePoint Services or Agreement, under any theory of law (including breach of contract, tort, strict liability, violation of law, and infringement) shall not exceed the greater of: (i) the fee paid for the SharePoint Services or (ii) Twenty-Five Dollars ($25.00).

11. SOFTWARE

General. You may not copy any software we provide for your use unless expressly permitted by the Agreement. You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on any software we provide for your use. Unless permitted by the terms of an open source software license, you may not reverse engineer, decompile or disassemble any software we provide for your use except and to the extent that you are expressly permitted by applicable law to do this, and then following at least ten (10) days advance written notice to us. In addition to the terms of our Agreement, your use of any Microsoft® software is governed by Microsoft's license terms that appear at http://www.rackspace.com/information/legal/microsoftlicense.php, and any use restrictions on your use of the Microsoft software as indicated in your Services Description, such as a limitation on the number of users (a "SAL" license). If you use any non-Rackspace provided software on your Hosted System you represent and warrant to Rackspace that you have the legal right to use the software in that manner. On Rackspace's request you will certify in writing that you are in compliance with the requirements of this paragraph and any other software license restrictions that are part of the Agreement, and will provide evidence of your compliance as we may reasonably request.

12. NO HIGH RISK USE

You may not use the Services in any situation where failure or fault of the Services could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, you may not use, or permit any other person to use, the Services in connection with aircraft or other modes of human mass transportation, nuclear or chemical facilities, or Class III medical devices under the Federal Food, Drug and Cosmetic Act.

13. GOVERNING LAW, LAWSUITS

The Agreement is governed by the laws of the State of Texas, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Exclusive venue for all disputes arising out of the Agreement shall be in the state or federal courts in Bexar County, Texas, and we each agree not to bring an action in any other venue. You waive all objections to this venue and agree not to dispute personal jurisdiction or venue in these courts. You agree that you will not bring or participate in any class action lawsuit against Rackspace or any of its employees or affiliates. Each of us agrees that we will not bring a claim under the Agreement more than two years after the time that the claim accrued.

14. SOME AGREEMENT MECHANICS

The Agreement may be signed in multiple counterparts, which taken together will be considered one original. Facsimile signatures, signatures on an electronic image (such as .pdf or .jpg format), and electronic signatures shall be deemed to be original signatures.

This SharePoint Trial Terms and Conditions is the final agreement between you and Rackspace regarding its subject matter and supersedes and replaces any prior agreement, understanding or communication, written or oral.