ONELEAD HOSTED SERVICES AGREEMENT##NOTE: THIS AGREEMENT WILL ONLY APPLY TO THE EXTENT THAT NO BINDING AGREEMENT, WRITTEN OR ELECTRONIC, (THE “OTHER AGREEMENT”) IS ALREADY IN PLACE BETWEEN CUSTOMER (DEFINED BELOW) AND ONELEAD, INC. PERTAINING TO THE SOFTWARE PRODUCT TO WHICH THIS AGREEMENT APPLIES OR RELATED PROFESSIONAL SERVICES (AS DEFINED BELOW). TO THE EXTENT THAT ANY OTHER AGREEMENT IS IN EFFECT, THEN SUCH OTHER AGREEMENT WILL GOVERN CUSTOMER’S USE OF THE SOLUTION AND RECEIPT OF HOSTING SERVICES AND/OR PROFESSIONAL SERVICES AND THIS AGREEMENT WILL NOT APPLY EVEN IF YOU ARE REQUIRED TO CLICK THE BOX AFFIRMING YOUR CONSENT TO THE TERMS OF THIS AGREEMENT. ##BY COMPLETING THE ONLINE REGISTRATION FORM AND CLICKING THE “I AGREE” BUTTON, ACCESSING OR USING THE SOFTWARE (AS DEFINED BELOW) WITHOUT AN APPLICABLE OTHER AGREEMENT OR BY OTHERWISE AGREEING IN WRITING TO THE TERMS AND CONDITIONS SET FORTH HEREIN, YOU SUBMIT TO ONELEAD, INC., A DELAWARE CORPORATION (“WE” OR ”ONELEAD”), AN OFFER TO OBTAIN THE RIGHT TO USE THE SOFTWARE AND RECEIVE HOSTING SERVICES (EACH AS DEFINED BELOW) UNDER THE PROVISIONS OF THIS HOSTED SERVICES AGREEMENT (THE “AGREEMENT”). ##BY CLICKING THE “I AGREE” BUTTON, YOU HEREBY AGREE THAT YOU HAVE THE REQUISITE AUTHORITY, POWER AND RIGHT TO FULLY BIND THE PERSON AND/OR ENTITIE(S) (COLLECTIVELY, THE “CUSTOMER”) WISHING TO USE THE ONELEAD SOFTWARE LISTED ON THE ORDER CONFIRMATION PAGE (AN “ORDER DOCUMENT”) WHICH ONELEAD OR ONE OF ITS AUTHORIZED RESELLERS (A “RESELLER”) PROVIDES TO CUSTOMER IN CONNECTION WITH THE PURCHASE OF LICENSES TO THE SOFTWARE AND RECEIPT OF HOSTING SERVICES DESCRIBED BELOW. THE TERMS OF EACH ORDERING DOCUMENT WILL SET FORTH THE SPECIFIC TERMS OF THE ORDER BUT ALL APPLICABLE TERMS AND CONDITIONS BELOW SHALL APPLY.##IF YOU DO NOT HAVE THE AUTHORITY TO BIND THE CUSTOMER OR YOU OR THE CUSTOMER DO NOT AGREE TO ANY OF THE TERMS BELOW, ONELEAD IS UNWILLING TO PROVIDE THE SOLUTION, HOSTING SERVICES OR PROFESSIONAL SERVICES TO THE CUSTOMER, AND YOU SHOULD NOT CLICK TO ACCEPT THE TERMS OF THIS AGREEMENT AND YOU SHOULD DISCONTINUE THE ORDER PROCESS AND NOT REQUEST ANY HOSTING SERVICES. ##1.0 ORDERING. The Order Document will specify the number of Users authorized to use the Quota Crusher software (“Software”), information pertaining to the related hosting services (“Hosting Services”) and all other necessary information. All Order Documents are incorporated herein by reference. Following ONELEAD’s acceptance of each Order Document and Customer’s payment of any initial Fees (as described in Section 11.0 below) due under such Order Document, ONELEAD will make the Software available to Customer using a password protected account on ONELEAD’s website (the “Site”) to the number of Customer’s employees who are authorized to access and use the Software (“Users”). All Order Documents are non-cancelable after accepted by ONELEAD. User subscriptions cannot be shared or used by more than one User (but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment with you or otherwise changed job status or function and no longer require use of the Service). The number of User subscriptions in an accepted Order Document cannot be decreased prior to the end of the Service Term. As used herein, “Service” means the provision by ONELEAD to Customer on a hosted basis of non-exclusive use and access to the Software, and associated Hosting Services and support services as described herein, and “Service Term” means one (1) year. ##2.0 SOFTWARE, LICENSE GRANTS AND RESTRICTIONS. ##2.1 License Grants. Subject to the terms of this Agreement and during the applicable Service Term, including payment of all applicable fees, ONELEAD grants to Customer a limited, worldwide, non-exclusive, non-transferable license, without sublicense rights, to (a) unless otherwise expressly set forth within the Order Document, to permit Customer to access and use the Service in accordance with the authorized number of Users set forth on the Order Document, (b) permit Customer to access and use the SFDC Services in accordance with the authorized number of Users set forth on the Order Document solely in connection with use of the Service, and (c) use and make a reasonable number of copies of any descriptions, instructions, or other documentation made available in connection with the Software, if any (“Documentation”). Customer may use and access the Service solely through the Site. The Service is deemed accepted upon Customer’s access thereof. The term of the Service purchased by Customer will commence on the date that Customer first receives access to the Service and will continue through the Services Term. Upon expiration, the Service Term will automatically renew for successive one year periods, each at the then current Fees unless either party provides written notice of non-renewal at least 30 days prior to the end of the then current Service Term. As used herein, “SFDC Services” means the online services provided by salesforce.com, Inc. (“SFDC”) via http://www.salesforce.com and/or other designated websites, but excluding third party applications and services. ##2.2 Intellectual Property. ##a. You agree that ONELEAD and its licensors own all intellectual property rights in and to the Service, the Software, and the Site, including but not limited to the look and feel, structure, organization, design, algorithms, templates, data models, logic flow, text, graphics, logos, and screen displays associated therewith. You will not reverse engineer, decompile or disassemble the Software, or otherwise attempt to reconstruct or discover the source code for the Software. You further agree not to resell, lease, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party for such third party’s benefit. ONELEAD reserves all rights in the Service not expressly granted to you hereunder.##b. You shall retain ownership of the data and related materials and information you upload in connection with the Service (“Client Data”). ONELEAD shall not access or otherwise use the contents of any Client Data, unless you give specific permission to such access in connection with ONELEAD’s handling of a support issue. Solely in order to provide the Service to you, ONELEAD may copy, archive, index, and create metadata relating to the Client Data. ONELEAD may derive and compile from your usage of the Service certain aggregated and/or analytical information, so long as such aggregated or analytical information does not reveal any information about you, any individual, or the contents of any Client Data. Such aggregated data and metadata may be used for ONELEAD’s own purposes without restriction, including, but not limited to, using such data in conjunction with data from other sources to improve ONELEAD’s products and services and create new products.##c. ONELEAD shall have a royalty-free, worldwide, transferable, and perpetual license to use or incorporate into the Service, other products or services, advertising or marketing materials, and without any compensation or accounting to you, any suggestions, ideas, enhancement requests, feedback, or other information provided by you or any Authorized User relating to the Service (“Feedback”). In no event will Feedback you provide us be treated as confidential. Please also be aware that your Feedback will not be acknowledged and does not create a confidential, fiduciary or other special relationship between you and us, or place us in a position that is any different from the position held by members of the general public. You acknowledge and agree that we have now, or shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to your Feedback, and that we are not responsible for the loss, deletion, failure to store or mis-delivery of any Feedback submitted.##d. As between the parties, ONELEAD will retain all ownership rights in and to any name, trademark, service mark, tagline, hyperlink or other designation of ONELEAD displayed on any display screen within the Software (the “ONELEAD Marks”), the Software (including any optional functionality), the Documentation, all updates and upgrades provided to you and other derivative works of the Software and/or Documentation that are provided by ONELEAD, and all intellectual property rights incorporated into or related to the foregoing. Customer acknowledges that the goodwill associated with the ONELEAD Marks belongs exclusively to ONELEAD and, upon request, Customer will modify or cease its use of any ONELEAD Marks. All rights not expressly licensed by ONELEAD under this Agreement are reserved.##2.3 Trial Programs. You may order the Service as a trial, and have 30 days from the start date to evaluate these programs. If you decide to use any the Service after the 30 day trial period, you must obtain a license for such Service from ONELEAD. If you decide not to obtain a license for the Service after the 30 day trial period, you will cease using the Service immediately. The Service licensed for trial purposes is provided “as is” and ONELEAD does not provide technical support or offer any warranties for the trial Service.##2.4 Bankruptcy. All licenses granted pursuant to this Agreement are, for purposes of Section 365(n) of the U.S. Bankruptcy Code, deemed to be licenses of rights to “intellectual property” as defined under Section 101 of the U.S. Bankruptcy Code. In any bankruptcy or insolvency proceeding involving ONELEAD, Customer, as licensee of such rights, will retain and fully exercise all of its rights and elections under the U.S. Bankruptcy Code, which will apply notwithstanding conflict of law principles.##3.0 SUPPORT AND MAINTENANCE. As part of the Service, ONELEAD will provide reasonable technical support to you via e-mail and an online support portal during ONELEAD’s regular business hours. As applicable, additional terms and limitations regarding support for the Service based on the selected Service tier will be included on the Site. You may not contact SFDC to request support for the Service.##4.0 HOSTING SERVICES. ONELEAD will utilize a third party to provide Hosting Services (a “Hosting Provider”). Currently, ONELEAD utilizes Amazon.com, Inc’s Elastic Cloud Computing service (“EC2”) and may change its provider from time to time. All access to the Service will be subject to the terms and conditions required by the Hosting Provider (“Hosting Provider Terms”). All Hosting Provider Terms (including those for EC2 which are found at http://aws.amazon.com/agreement, as well as the acceptance use policy which is found at http://aws.amazon.com/aup/) are incorporated herein by reference. ONELEAD will use commercially reasonable efforts to make the Hosting Service available on a 24 hours a day, 7 days a week, and 365 days a year basis, subject to Section 12.0 (Force Majeure) below and to downtime for maintenance purposes. ONELEAD will, to the extent practicable, schedule maintenance downtime outside of regular business hours, as further defined and stated on the Site. Without limiting Section 8.0 or your obligations under Section 6.1(d), ONELEAD will implement reasonable and appropriate measures designed to help you secure Client Data against accidental or unlawful loss, access or disclosure. Customer’s designated administrative users (“Admin Users”) will have access to a restricted-access administrative interface feature which allows for configuration, management and monitoring of and restricting access to the Software. Customer is solely responsible for all actions taken by Admin Users or through use of the passwords provided to such Admin Users. Customer is responsible for the content and use of all Client Data maintained or stored in the Service and will indemnify ONELEAD for any losses incurred as a result of such Client Data. ONELEAD assumes no liability with respect to the following types of Client Data: (a) information protected under the privacy or security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and (b) personally identifiable information including (i) drivers’ license numbers, (ii) passport numbers, (iii) social security, tax ID or similar numbers, or (v) bank, checking, credit card, debit card, or other financial account numbers. Customer will use the Service in compliance with applicable laws and in a manner that does not violate or infringe any rights of any third party. Customer is responsible for establishing and enforcing terms of use and privacy policies for its users, provided that at a minimum, such terms and policies must include the restrictions set forth in this Section 4.0. ONELEAD may set up a private user account to provide automated access to the Service for testing purposes. ##5.0 PUBLICITY. During the term of this Agreement, Customer hereby agrees that ONELEAD shall have the right, but not the obligation, to include Customer’s name and logo as a customer who uses the Software on the Site and in other materials promoting the Software. ##6.0 WARRANTIES AND DISCLAIMER. ##6.1 Warranties. ##a. ONELEAD warrants that the Software, as delivered and when used in accordance with the Documentation, (a) will perform in all material respects as specified in such Documentation In the event of any breach of the warranty in subsection (a) above, ONELEAD shall, as its sole liability and Customer’s sole remedy, use commercially reasonable efforts to remedy any deficiencies that cause the Software to not conform to the foregoing warranty promptly after its receipt of written notice from Customer. ONELEAD will not be liable to the extent that any breach of the foregoing warranties are caused by (i) third-party components (including in combination with the Software) not provided by ONELEAD or any open source components or freeware included within the Software; (ii) modifications to the Software; (iii) unauthorized use or use of the Software other than in accordance with the Documentation or (iv) a back door,” “time bomb,” “Trojan horse,” “worm,” “drop dead device,” “virus,” “preventative routines” or other computer software routines intentionally designed to permit unauthorized access to or use of either the Software’s or Customer’s computer systems, which are introduced by Customer or its agents or users (collectively, “Exclusions”)##b. You and ONELEAD each warrant that they have full authority to enter into this Agreement and are not bound by any contractual or legal restrictions from fulfilling their obligations hereunder. In addition, ONELEAD warrants that the Service will substantially conform to the written or electronic documentation provided by ONELEAD in connection with the Service. In the event of a breach of this warranty by ONELEAD, as your sole and exclusive remedy, ONELEAD will, at its expense, use commercially reasonable efforts to cause the Service to conform.##c. You represent and warrant that all Client Data provided to ONELEAD in connection with your use of the Site: (i) is owned by you, or you have the full right to provide the Client Data to ONELEAD; (ii) does not infringe or misappropriate any copyright, trademark, trade secret or other intellectual property right; (iii) does not violate any person’s right of privacy or publicity; and (iv) does not contain any unlawful, obscene, defamatory or libelous material. You further represent and warrant that your use of Client Data on the Site or in connection with the Service is not in breach of any covenant or obligation of confidentiality that you have to any other person or entity. You are solely responsible for the Client Data, and acknowledge that ONELEAD has no responsibility or intent to review or monitor any Client Data.##d. You represent and warrant that you shall be solely responsible for your use of the Service, and, except as otherwise agreed in writing by the parties, for maintaining backup copies of the Client Data. You acknowledge and agree that the Service is strictly a tool to be used in conjunction with good and reasonable business judgment by competent personnel.##6.2 Disclaimer. THE EXPRESS WARRANTIES IN SECTION 6.1 ARE THE EXCLUSIVE WARRANTIES OFFERED BY ONELEAD AND ALL OTHER CONDITIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY CONDITIONS OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, TITLE, MERCHANTABILITY AND THOSE THAT ARISE FROM ANY COURSE OF DEALING OR COURSE OF PERFORMANCE ARE HEREBY DISCLAIMED. ONELEAD DOES NOT WARRANT THAT CUSTOMER’S USE THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ERRORS WILL BE CORRECTED , THAT THE SERVICE WILL MEET YOUR REQUIREMENTS (INCLUDING BUT NOT LIMITED TO ANY REGULATORY OR COMPLIANCE STANDARD), OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS OTHERWISE SET FORTH IN SECTION 6.1, THE SERVICE (INCLUDING ALL COMPONENTS THEREOF), SUPPORT SERVICES, AND THE HOSTING SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. ##7.0 INDEMNIFICATION. ONELEAD will defend at its own expense any action against Customer brought by a third party to the extent that the action is based upon a claim that the Software (or any component thereof owned by ONELEAD) infringes any United States copyright or misappropriates any trade secret rights and ONELEAD will pay those costs and damages finally awarded against Customer in any such action that are specifically attributable to such claim or those costs and damages agreed to in a monetary settlement of such action. The foregoing obligations are conditioned on Customer notifying ONELEAD promptly in writing of such action, Customer giving ONELEAD sole control of the defense thereof and any related settlement negotiations, and Customer cooperating and, at ONELEAD’s reasonable request and expense, assisting in such defense. If the Software (or any component thereof owned by ONELEAD) becomes, or in ONELEAD’s opinion is likely to become, the subject of an infringement claim, ONELEAD may, at its option and expense, either (a) procure for Customer the right to continue exercising the rights licensed to Customer in this Agreement, or (b) replace or modify the Software so that it becomes non-infringing and remains functionally equivalent. If neither of the foregoing options are, in ONELEAD’s reasonable opinion, commercially reasonable, ONELEAD may terminate this Agreement and will refund to Customer a pro-rata portion of any applicable prepaid Fees. Notwithstanding the foregoing, ONELEAD will have no obligation under this Section 7.0 or otherwise with respect to any infringement claim based upon (i) any Exclusions, or (ii) continued use of a Point Release of the Software (other than the then-current version of the Software) that is more than 12 months old where “Point Release” defined as a progressing of the 1st or 2nd digit of the version release number in a three point version control system, as applicable (e.g., v3.5 to v4.0 or v4.1 to v4.2)). This Section 7.0 states ONELEAD’s entire liability and Customer’s sole and exclusive remedy for infringement claims and actions. You, at your expense, shall indemnify, defend and hold ONELEAD and its officers, directors, owners, employees, and affiliates harmless from and against all liability, damages, injuries, losses, costs and expenses (including attorney’s fees) arising out of or relating to your use of the Service, including but not limited to liability, damages, injuries, losses, costs and expenses arising from any claims relating to: (a) your breach of any representations, warranties, or covenants in this Agreement, (b) your compliance with applicable laws and regulations, and (c) the Client Data. ONELEAD shall provide you with prompt written notice of any such claim. ##8.0 LIMITATIONS ON LIABILITY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ONELEAD BE LIABLE TO CUSTOMER, USERS OR TO ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT, INCLUDING THE SOFTWARE, SUPPORT SERVICES AND INTELLECTUAL PROPERTY PROVIDED HEREUNDER, WHETHER UNDER THEORY OF CONTRACT, TORT OR OTHERWISE, FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES (INCLUDING ANY DAMAGE TO BUSINESS REPUTATION, LOST PROFITS OR LOST DATA), WHETHER FORESEEABLE OR NOT AND WHETHER ONELEAD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (B) ANY AMOUNTS IN EXCESS OF THE TOTAL OF THE FEES ACTUALLY PAID AND THE FEES PAYABLE TO ONELEAD BY CUSTOMER UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD PRIOR TO THE DATE THAT SUCH LIABILITY FIRST ARISES. THE SERVICE MAY CONTAIN FEATURES, FUNCTIONALITY AND INFORMATION THAT ARE PROVIDED THROUGH OR BY THIRD-PARTY CONTENT, SOFTWARE, WEB SITES, AND/OR SYSTEMS (“THIRD-PARTY MATERIALS”). YOUR USE AND ACCESS OF THESE FEATURES AND FUNCTIONALITY ARE SUBJECT TO THE TERMS PUBLISHED OR OTHERWISE MADE AVAILABLE BY THE THIRD-PARTY PROVIDERS OF THIRD-PARTY MATERIALS. ONELEAD HAS NO RESPONSIBILITY FOR ANY THIRD-PARTY MATERIALS, AND YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST ONELEAD WITH RESPECT TO SUCH THIRD-PARTY MATERIALS. ##9.0 CONFIDENTIALITY. The Software and all trade secret information incorporated therein or derived, directly or indirectly, therefrom are confidential information of ONELEAD. Customer shall keep in confidence and trust and not disclose or disseminate, or permit any employee, agent or other party working under Customer’s direction to disclose or disseminate, the substance of any such confidential information of ONELEAD. The commitments in this Agreement will not impose any obligations on Customer with respect to any portion of the received information which, as evidenced by independent documentation: (a) is now generally known or available or which hereafter, through no act or failure to act on Customer’s part, becomes generally known or available; or (b) is rightfully known to Customer at the time of receiving such information. Customer acknowledges that monetary damages may not be a sufficient remedy for unauthorized disclosure or use of ONELEAD’s confidential information and that ONELEAD may seek, without waiving any other rights or remedies, such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.##10.0 TERM, TERMINATION AND EFFECT. This Agreement shall continue in effect until terminated as set forth herein. This Agreement may be terminated by either party if the other party materially breaches this Agreement and does not cure the breach within 30 days after receiving written notice thereof from the non-breaching party (except that such cure period shall be five days for breaches of Sections 2 or 11). Additionally, a particular Order Document may be terminated by ONELEAD in the event that Customer fails to pay applicable Fees when due. In the event any such amount is not paid when due, ONELEAD shall have the further right, at its sole option, to suspend Customer's access to the Service until payment is made and/or to exercise any termination rights it may have under this Agreement. Upon any termination of this Agreement, without prejudice to any other rights or remedies which the parties may have, (a) all rights licensed and obligations required hereunder shall immediately cease (including Customer’s and Admin Users’ right to access and use the Service); provided that Sections 2.2, 6.0, 7.0 through 11.0 and 13.0 shall survive termination, and (b) Customer shall pay to ONELEAD any outstanding Fees that have accrued prior to the date of termination. For a period of thirty (30) days following termination of this Agreement, Customer may request a copy of Client Data, which shall be provided by ONELEAD in a .csv format.##11.0 FEES AND PAYMENT. Subject to the terms and conditions below, all fees for the Service will be set forth on the applicable Order Document (“Fees”). Unless otherwise agreed to in writing by the parties, Customer will pay to ONELEAD or the Reseller, as applicable, all Fees owed within 30 days after ONELEAD’s issuance of an invoice pertaining thereto. Payments will be sent to the address included on the invoice. All amounts payable shall be in the currency of the United States and specifically exclude (and Customer is responsible for) any and all applicable sales, use and other taxes, (other than taxes based on ONELEAD’s net income). Each party is responsible for its own expenses under this Agreement. ##12.0 FORCE MAJEURE. Neither party shall be liable for any failure or delay in the performance of its obligations (except for payment obligations hereunder) due to causes beyond the reasonable control of the party affected, including but not limited to war, sabotage, insurrection, riot or other act of civil disobedience, strikes or other labor shortages, act of any government affecting the terms hereof, acts of terrorism, accident, fire, explosion, flood, hurricane, severe weather or other act of God, failure of telecommunication, internet service providers, or other utility providers, including Hosting Providers. The obligations and rights of the party so excused will be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay. ##13.0 MISCELLANEOUS. The parties are independent contractors with respect to each other, and nothing in this Agreement shall be construed as creating an employer-employee relationship, a partnership, agency relationship or a joint venture between the parties. This Agreement controls the actions of all party representatives, officers, agents, employees and associated individuals. The terms of this Agreement shall be binding on the parties, and all successors to the foregoing. Customer will not assign, transfer or delegate its rights or obligations under this Agreement (in whole or in part) without ONELEAD’s prior written consent. Any attempted assignment, transfer or delegation in violation of the foregoing shall be null and void. All modifications to or waivers of any terms of this Agreement must be in a writing that is signed by the parties hereto and expressly references this Agreement. This Agreement shall be governed by the laws of the State of New Jersey, without regard to New Jersey conflict of laws rules. The exclusive venue and jurisdiction for any and all disputes, claims and controversies arising from or relating to this Agreement shall be the state or federal courts located in Somerset County, New Jersey. Each party waives any objection (on the grounds of lack of jurisdiction, forum non conveniens or otherwise) to the exercise of such jurisdiction over it by any such courts. The United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or enforcement of this Agreement. In the event that any provision of this Agreement conflicts with governing law or if any provision is held to be null, void or otherwise ineffective or invalid by a court of competent jurisdiction, (a) such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (b) the remaining terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. This Agreement includes any applicable Order Documents and the Hosting Provider Terms. Collectively the foregoing constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements or communications, including, without limitation, any quotations or proposals submitted by ONELEAD. The terms on any purchase order or similar document submitted by Customer to ONELEAD will have no effect and are hereby rejected. All notices, consents and approvals under this Agreement must be delivered in writing by courier, by facsimile, or by certified or registered mail, (postage prepaid and return receipt requested) to the other party at its main corporate headquarters and sent to the attention of such party’s Chief Executive Officer.
