Version 1097

1. Warranties/Disclaimers
Hosting Web Sites. Internet service is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Hosting Web Sites. or any information or software therein. You release Hosting Web Sites. from and Hosting Web Sites. shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the Hosting Web Sites. services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by Hosting Web Sites.'s own negligence. Without limiting the generality of the foregoing, Hosting Web Sites. disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the Hosting Web Sites. services. In no event shall Hosting Web Sites.'s aggregate liability exceed the amount paid by you to Hosting Web Sites. for the Hosting Web Sites. services. Use of any information obtained via Hosting Web Sites.'s Internet service is at the user's own risk. Hosting Web Sites. specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

2. Security

The Customer is responsible for all use of Customer's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. Hosting Web Sites. will suspend access or change access to Customer's account(s) immediately upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised. Hosting Web Sites. is not liable for any usage and or charges prior to Hosting Web Sites. making the necessary account alteration. Electronic mail on this system is as private as we can make it. Hosting Web Sites.'s Customers are reminded that no computer system can be considered as safe from intrusion. Email may pass through many computer systems, and should not be considered a secure means of communication unless encrypted, and even encrypted information is only as secure as the encryption method utilized.

3. Personal Files

Hosting Web Sites. is not responsible for Customer's personal files residing on Hosting Web Sites. equipment. Customer is responsible for independent backup of Customer's data that is stored on Hosting Web Sites. equipment. Hosting Web Sites. reserves the right to delete Customer 's personal files after one or both parties terminates the service agreement between Hosting Web Sites. and Customer.

4. Non-Transferability of Account

The right to use Hosting Web Sites.'s Internet service is not transferable. Use of Hosting Web Sites. accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. A Customer may use no more than one log-in session per account at any time. If a Customer has multiple accounts, the Customer is limited to one log-in session per account at any time.

5. Network Address Ownership

Any network address assignments issued by Hosting Web Sites. (i.e., Class C address space) are the property of Hosting Web Sites. and are considered to be loaned to its customers. In the event service with Hosting Web Sites. is discontinued for any reason, such addresses will revert to Hosting Web Sites..

6. Compliance with all Laws

Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. Customer agrees that any material to be reproduced or transmitted on Hosting Web Sites.'s service through Customer 's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening . Software intended to facilitate any such violations or infringements may not be stored on Hosting Web Sites.. Customer shall defend, indemnify and hold harmless Hosting Web Sites. from and against any claims, liabilities and expenses, including attorneys fees, resulting from Customer's use of the Hosting Web Sites. service or Customer's account in an unlawful manner or otherwise in violation of or contrary to Customer's Agreement with Hosting Web Sites. or Hosting Web Sites.'s Acceptable Use Policies. At Hosting Web Sites.'s discretion, Hosting Web Sites. may revoke Customer's access to Hosting Web Sites. services or accounts for inappropriate usage.

7. Unacceptable Conduct

The following types of conduct are grounds for immediate suspension of service pending investigation by Hosting Web Sites. and may result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. In addition, Hosting Web Sites. reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a Hosting Web Sites. Customer as described in (a) and (b) below before such postings are forwarded:

(a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).

Usenet News Acceptable Use Policies

(b) Sending unsolicited mass emailings (i.e., to more than 25 users) which provoke complaints from the recipients.

(c) Engaging in either (a) or (b) from a provider other than Hosting Web Sites. and using an account on Hosting Web Sites. as a mail drop for responses, or to draw attention to a web site housed within Hosting Web Sites.'s networks.

(d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by Hosting Web Sites..

(e) Mail bombing, i.e., sending large volumes of unsolicited e-mail to individuals or to individual business accounts.

(f) Impersonating another user or otherwise falsifying one's user name in email, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)

(g) Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.

(h) Use of IRC bots or clonebots on Hosting Web Sites., whether on IRC servers controlled by Hosting Web Sites. or by other parties. An IRC bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.

(i) Network unfriendly activity: Attempts to interfere with the regular workings of Hosting Web Sites.'s systems or network connections or which adversely affect the ability of other people or systems to use Hosting Web Sites. services or the Internet, including, but not limited to:

any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other Hosting Web Sites. system;

any use of this or any other Hosting Web Sites. system as a staging ground to disable other systems.

(j) Spamming of your url to search engines or other indexes in an attempt to gain a more favorable position in the search engines and prompts a complaint from the administrators of the search engine and/or index.

8. Right to Disconnect Non-Dedicated Accounts

Hosting Web Sites. unlimited interactive usage dial-up connections are not intended to be full-time dedicated connections and will be disconnected after 25 minutes of inactivity. Customer agrees not to use any automatic method to avoid disconnection, to keep the connection active only when the Customer is actively using it, and not to provide public information services over the connection. Hosting Web Sites. reserves the right to impose a restriction on accounts it deems to be in violation of these conditions.

9. Excess Utilization of System or Network Resources

Hosting Web Sites. account descriptions in some cases may specify limits on bandwidth, CPU and disk utilization for certain types of Customers, and use up to these limits is included in the price for that type of Customer. In the event Hosting Web Sites. determines that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits, the Customer will be notified by email. If the excess use continues for more than 48 hours after such notification, the Customer may be requested to upgrade to a web hosting service agreement or to modify the activity creating the excess use. If excessive bandwidth, CPU or disk space utilization is determined by Hosting Web Sites. to adversely affect Hosting Web Sites.'s ability to provide service for all customers, immediate action may be taken to alleviate the problem. In such event, the Customer will be notified by email as soon as practicable.

10. Compliance with Rules of Other Networks

Any access to other networks connected to Hosting Web Sites.'s Internet service must comply with the rules for that other network as well as with Hosting Web Sites.'s rules.

11. Monitoring/Privacy

Hosting Web Sites. reserves the right to monitor any and all communications through or with Hosting Web Sites. facilities. Customer agrees that Hosting Web Sites. is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for Hosting Web Sites. employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. Hosting Web Sites. also reserves the right to access a Customer's mailbox or other files stored on Hosting Web Sites. systems to resolve system problems or mail system errors.

12. Cooperation with Authorities

Hosting Web Sites. reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence or other illegal activity.

13. Confidentiality of Personal Subscriber Information

Hosting Web Sites. will not release a Customer's personal subscriber information, nor a Customer's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Customer agrees that Hosting Web Sites.'s judgment as to the validity of any court order of subpoena shall be considered proper and final.

14. Hosting Web Sites.'s Right to Suspend or Cancel Account

Hosting Web Sites. reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of Hosting Web Sites. that the Customer may be performing activities harmful to Hosting Web Sites. or its Customers, employees, vendors, business relationships or any other users of the Internet.

15. Right to Damages

Hosting Web Sites. reserves the right to collect damages (software, hardware and man hours) if any harm is done to Hosting Web Sites. which requires repair or reconfiguration of any kind.

16. Other Remedies/Non-Waiver

Nothing contained in these policies shall be construed to limit action Hosting Web Sites. may take or remedies available to Hosting Web Sites. in any way with respect to any of the described conduct. Hosting Web Sites. reserves the right to take any additional actions Hosting Web Sites. may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Hosting Web Sites. service, and levying cancellation charges to cover Hosting Web Sites.'s costs in the event of disconnection of dedicated access for the causes outlined above. In addition, Hosting Web Sites. reserves at all times all rights and remedies available to Hosting Web Sites. with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and Hosting Web Sites. reserves the right to enforce such policy or rule at its sole discretion.

17. Billing and Payments

Invoices for services are submitted monthly in advance. Customers will be billed via credit card or invoiced directly. Access to your account may be restricted if credit card processing fails due to insufficient credit, unreported replacement numbers, or unreported expiration dates. The Customer agrees to pay monthly invoices immediately upon receipt and until the account is cancelled by written notification. Upon receipt in writing of an account cancellation any pre-paid months of service beyond the current billing period* will be refunded to the Customer and the Customers account will be closed at the end of the current billing period. Account charges will be processed once per month on a regular schedule. If the invoice remains unpaid for 15 days after the invoice date your service will be interrupted until payment has been received. A reconnect fee of $25.00 will also be required in order to continue service. Such interruption will not relieve the Customer from the obligation to pay monthly charges. Only a written request to terminate your service relieves you of your obligation to pay the monthly account charge. If a Customer pays by check and that check is returned unpaid for any reason, the account will be immediately suspended in default and you will be subject to a returned check fee of $25.00. If you default on any payments due to Hosting Web Sites., you agree to pay Hosting Web Sites. all reasonable collection expenses, including but no limited to, attorneys and collection agency fees.

* If customer entered into a written term contract with Hosting Web Sites. the terms of the contract will take precidence over the above refund policy.

18. Hosting Web Sites.'s Right to Change Service

Hosting Web Sites. reserves to right to change without notice the Hosting Web Sites. service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

19. Hosting Web Sites.'s Right to Modify its Acceptable Use Policies

Hosting Web Sites. may modify its Acceptable Use Policies upon notice published online via Hosting Web Sites.. Customer's use of Hosting Web Sites. services after such notice shall constitute Customer's acceptance of the modifications to these policies.