VERSION: 2011.09.11

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT. BY INDICATING BELOW THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE ENTERED INTO A LEGALLY BINDING AGREEMENT WITH PARCELLOGIC, LLC.

TERMS AND CONDITIONS

1. Ownership. The ShipSameday.com web site is provided to you as a service and paid for via a monthly subscription fee to the web site. No ownership is conveyed through this agreement, and the ShipSameday.com website, and ParcelLogic Transportation Management system are the sole property of ParcelLogic, LLC.

2. Software only. ShipSameday.com does not provide shipping services, and provides only the software used to manage these services. You are responsible for any regulatory or business licensing required by your locality. This includes but is not limited to TSA requirements, security requirements and, local, state and federal taxation.

3. Payment. Payment is collected through PayPal on a monthly basis. You will receive an invoice at the email address you specified when signing up. The charge is calculated based on the number of active users on your account at midnight UTC time on the last day of each month. The rate is $50 per active user. In order to maintain access to the site, your payment must be received by the 5th of each month (midnight UTC time). PayPal offers many payment option including immediate payment via major credit cards.

4. System Uptime. While every effort is made to provide the highest levels of uptime, we cannot guarantee that the web site will always be available. We cannot be held responsible for any service failure or business impact that may be a result of system downtime. When scheduled downtime is required for system maintenance, we will provide 24 hours advance notice.

5. Data Backups. Backups of data are made on a daily basis at 11:00 PM pacific time (PST/PDT). The hosted nature of the software does not permit partial data restoration. Should a loss of data occur, we are only able to restore the database from the time of the last backup.

6. Non-Disclosure of Information. Information about your business that is obtained during interaction with ParcelLogic, LLC or any of its subsidiaries or web sites is considered confidential and proprietary data. Disclosure of this information, including but not limited to customer and vendor information is strictly prohibited.

7. Security. Security of the site is via standard User ID and Password authentication. Furthermore, the site uses SSL (Secure Socket Layer) technology to encrypt data sent between the web service and the user internet browser. Data may be stored for multiple companies in a the same database instance, and isolation is provided via the data structure (via unique company identifier).

8. Waiver: European Union Notices. To the fullest extent permitted by law, if you are located in a member state of the European Union, you waive all notices, acknowledgements and confirmation related to contracting by electronic means which may be required under Articles 10(1), 10(2), 11(1) and 11(2) of EU Directive 2000/31/EC as implemented in your jurisdiction is respect of your use of the ParcelLogic Technology.