What is the purpose of the AmeriSpec Inspection Services web-based email accounts?

nessee 38018 ("AmeriSpec"), and, an AmeriSpec franchisee doing business | | as | | "AmeriSpec | | Inspection | | Service" | | and | | having | | its | | principal | | place | | of | | business | | located | | at | | ("Franchisee"), WITNESSETH: |

WHEREAS, AmeriSpec has a license to permit authorized parties to access web-based electronic mail accounts for AmeriSpec ("e-mail accounts") which are designed to facilitate communication between Franchisees, other third-parties and AmeriSpec for the purpose of, among other things, the scheduling of AmeriSpec inspections; and

WHEREAS, AmeriSpec desires to grant, and Franchisee desires to obtain permission and access to the e-mail account.

NOW, THEREFORE, AmeriSpec and Franchisee agree as follows:

• 1. AmeriSpec will provide Franchisee with access to and the right to use the e-mail account as specified herein. AmeriSpec will provide up to a maximum of two (2) email accounts per franchise, as follows: If Franchisee's AmeriSpec franchise is owned by more than one individual, then AmeriSpec shall provide up to two (2) separate e-mail accounts. If the franchise is owned by a corporation or other type of legal business entity and more than one individual has executed a personal guaranty relative to the terms of the Franchise Agreement, then AmeriSpec shall provide up to two (2) separate e-mail accounts. Additional e-mail accounts may be created, but the Franchisee will be billed the then current charge for the additional accounts. AmeriSpec shall retain ownership of the e-mail account and e-mail address.
• 1. A maximum of up to two (2) email accounts per franchise shall be provided at no cost to the Franchisee. AmeriSpec reserves the right to charge a license fee in the future, but shall provide at least 30 days' notice prior thereto. Franchisee shall be responsible for any costs incurred in either the use of or obtaining access to the e-mail account.
• 1. The name for the address of the e-mail account (e-mail address) shall be as follows: (Franchisee's first initial) (Franchisee's last name)@AmeriSpec.net. For example: RSkinner@AmeriSpec.net. In the event a particular e-mail address is not available (for example, an existing franchisee has the same last name and first initial), then an alternative e-mail address will be provided.
• 1. Access to the e-mail account is for Franchisee only. Franchisee shall not share this e-mail account with any other person or entity. Furthermore, Franchisee shall not demonstrate or give access to the e-mail account to another person or entity without the prior written approval of AmeriSpec.
• 1. Either party may terminate this Agreement without cause upon 30 days' notice. AmeriSpec may terminate this Agreement immediately for good cause, including but not limited to violation of, or failure to follow, the guidelines as set forth herein or for failure to comply with the material terms of the Franchise Agreement between the parties. This Agreement and all rights granted herein shall

automatically terminate, without further notice, upon either the termination or expiration of the Franchise Agreement between the parties. This Agreement and all rights granted herein shall also automatically terminate, without further notice, upon Assignment (as defined in the Franchise Agreement) of the Franchisee's AmeriSpec franchise, unless the Assignment merely transfers ownership of the AmeriSpec franchise from an individual owner(s) to a Corporation or other legal business entity and the Franchisee retains majority ownership of that entity.

• 1. This Agreement and the license granted herein are not assignable or transferable by Franchisee without the prior written consent of AmeriSpec.
• 1. This Agreement shall in no way affect any existing obligations of AmeriSpec or Franchisee created in any other agreement, including but not limited to the Franchise Agreement between the parties and any and all terms contained therein.
• 1. Franchisee agrees that it shall only use the e-mail account for lawful purposes. Without limiting the foregoing, Franchisee shall not use the e-mail account in a manner: (a) which would result in any transmission of any material in violation of any international, federal, state or local laws, including (without limitation) laws pertaining to the use of data and to the franchise and business opportunity laws; (b) which in any way would violate or infringe upon any party's privacy rights, right of publicity, or any other rights of any person or entity; or (c) which would display, transmit or store material which is unlawful, harmful, abusive, hateful, obscene, threatening, libelous, or defamatory.
• 1. AmeriSpec reserves the right to provide additional guidelines for use on the e-mail account from time to time. Such additional guidelines shall be provided to Franchisee in writing and attached to and incorporated in this Agreement.
• 1. Franchisee agrees to comply with limits set by AmeriSpec for maximum disk quota for e-mail usage. Currently the maximum disk quota for email usage is 25MB per account. This limit is subject to change, and AmeriSpec will notify Franchisee of any such changes in writing. It is solely Franchisee's responsibility to not exceed this disk quota. Franchisee acknowledges that exceeding disk quotas may cause e-mails to be denied and returned to the sender as undeliverable. AmeriSpec assumes no responsibility for loss of business or any other issues that may arise from Franchisee's failure to comply with this provision.

Source: Item 23 — Receipts (FDD pages 47–172)