DIYthemes Membership Terms and Conditions of Service

Quick and Easy Version:

As a paid customer of DIYthemes, you’re a member of the DIYthemes.com website community. This allows
you to get upgraded versions of Thesis, support in the forums, quick access to new products, 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 support 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/

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 must be 18 years or older to use this Service.

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
laws).

2. License, Acknowledgements and Warranties

DIYthemes Members submitting content in forums grant DIYthemes the rights to distribute, display, reproduce,
reformat, translate, archive, license, edit, modify 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 any 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 attorney’s 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.

3. 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.

4. Payments and Refunds

Payment — A valid credit card or PayPal account is required for purchasing upgrades or additional products or
services.

Refunds — You have 30 days to request a refund for any purchase from DIYthemes.

5. 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.

6. 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 data 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 (including, without limitation, any login or
other access information) is personal to you, non-transferable 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 any
action that imposes an unreasonable or disproportionately large load on the Service as determined by
DIYthemes.

7. 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 Company’s 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.

8. 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 your 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 to 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 refund 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.
9. 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 by and with our own employees), technical failure, general availability of the internet,
power failure, communications failure, weather, flood, fire or explosion, natural or local emergency,
DIYthemes shall not be liable for any resulting failure to provide services hereunder.

10. 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 Members’s service registration form, or such other address as
either party may give the other by notice as provided in this section. It is the applicant’s responsibility to
provide an accurate address and to ensure that the Service is notified of any changes to applicant’s address as
specified in this section.

11. 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, including
reasonable legal fees.

12. Electronic Signatures Effective

The Agreement is an electronic contract that sets out the legally binding terms of your use of the Service’s
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 “I Accept” 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 “I Accept” button, you accept the Agreement, including, without limitation, the
Programs Terms and agree to the terms, conditions and notices contained or referenced therein. When you click
on the “I Accept” 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 web-based 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 the electronic
Agreement.

13. General Conditions

Each Member uses the Service at Member’s 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
Member’s 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 or private forums, websites,
peer-to-peer networks, torrents, or email lists. DIYthemes reserves all rights with respect to its
intellectual property, 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 agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of
the Service, or access to the Service 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 unlawful, offensive, threatening, libelous, defamatory, pornographic,
obscene or otherwise objectionable or violates any party’s 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 will 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 error-free, (iii) the results that may be obtained from the use of
the service will be accurate or reliable, (iv) the quality of any products, services, information, or other
material purchased or obtained by you through the service will meet your expectations, and (v) any
errors in the Service will be corrected.
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 DIYthemes 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
procurement of substitute goods and services resulting from any goods, data, information 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 of any third
party on the service; (v) or any other matter relating to the service. 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
between 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).