The following words used in context of the Service Contract are defined as follows:

1. Client will use the server or Web hosting packages and all other provided services in a manner consistent with any and all applicable laws of the State of California and the US Federal Government. Client authorizes Provider to charge all fees due to the submitted credit card or checking account.

2. Provider reserves the right, in its sole discretion, to deactivate the Client's virtual server or Web hosting account(s) without warning upon an indication of credit problems including delinquent payments, or if this service contract is violated, or if Clients's account or the traffic on this account causes any kind of network or server problem / disturbances. Since client is not allowed to resell web space within the hosting plans provided by the web hosting provider, and provider reserves the right to disable an account or some of its files or directories if client violates this policy. Only dedicated servers are designed for web space resale.

3. THE HOSTING SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR DEDICATED SERVERS, WEB HOSTING PACKAGES AND ALL OTHER SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES.

4. Provider is not responsible for any damages arising from Client's use of hosting services of Provider or by Client's inability to use dedicated servers, Web hosting packages and any other services for any reason.

5. While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, Provider is not responsible for Client's files residing on Provider server(s). Client is solely responsible for independent backup of data stored on Provider's server(s) and network. If Provider needs and is able to restore client's files due to a file lost Provider is not responsible for, Provider may charge an additional fee for this service.

6. CLIENT HEREBY AGREES THAT ALL DOMAIN NAMES AND ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER'S SERVER(S) THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE DEACTIVATED WITHOUT WARNING BY THE PROVIDER. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS.

7. CLIENT HEREBY AGREES THAT ALL DOMAIN NAMES AND ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER'S SERVER(S) THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF DEDICATED SERVER(S) OR WEB HOSTING PRODUCT (S) OR THE HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDE, BUT ARE NOT LIMITED TO PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, HACKING, WAREZ, MP3s AND ANY HARASSING AND HARMFUL MATERIALS OR USES. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION OF MATERIALS OR YOUR USE OF THOSE MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE OF AN ACCOUNT(S) WHICH THE PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE VIRTUAL SERVER ACCOUNT(S) OR HOST SERVER(S). PROVIDER MAY CHARGE A $50 DEACTIVATION FEE IF CLIENTS VIOLATION LEADS TO AN ACCOUNT DEACTIVATION OR SUSPENSION.

8. ELECTRONIC MAIL ABUSE POLICY
A. Harassment, whether through language, frequency, or size of messages, is prohibited.
B. Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the Customer must not send that person any further email.
C. Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
D. Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
E. Malicious email, including but not limited to "mailbombing" (flooding a user or site with very large or numerous pieces of email) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited.
F. Forging of header or any other information is not permitted.
G. Subscribing someone else to a mail list or removing someone else from a mail list without that person's permission is prohibited. H. the web hosting provider.com accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider.
I. These rules apply to other types of Internet-based distribution mediums as well, such as RLG's Ariel system (a system for sending FAX-like documents over the Internet). USENET postings have their own regulations; see below.

9. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that customers may utilize.

10. Use of distribution lists via unsolicited electronic mail or other mass electronic mailings (UCE) is strictly prohibited. Provider reserves the right to deactivate the Client's dedicated server or Web hosting account(s) upon any indication of such activity without notice. Client hereby agrees to indemnify and hold harmless the Provider from any claim resulting from the Client's or any other party's use of electronic mail service(s) on the Client's virtual server or Web hosting account(s). Provider reserves the right to charge a $50 reactivation fee, if client's violation of Provider's anti-spamming policy leads to an account deactivation or suspension.

11. In the event it is necessary to refer any dispute to an attorney, a collection agency, or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees, collection fees, and all costs associated with any legal action, whether or not a suit shall actually be filed. Place where the contract is signed and fulfilled shall be the State Of New York, United States of America.

12. Client acknowledges that there is NO cooling-off period! All orders, sales, rents, time-frames, and terms are final. Once the service is ordered (i.e. by clicking the order button of the online order form) there are no refunds if the service contract is canceled by client before the regular expiration date / anniversary date. All server and hosting contracts are automatically renewed for another term unless a written notice of cancellation is given by either party at least two weeks in advance of the renewal date / anniversary date. Cancellation request must be made by completing and submitting the Online Cancellation Form. If no correct notice of cancelation will be given, all contracts will automatically renewed for another term under the same conditions. If an account has been setup and the initial rent and setup fee is not paid, provider has the right to immediately close the account and to refuse service. In this case provider will bill client for US $100.00 for one hour of programming. If a credit card payment is declined by the client's bank or if the rent is not paid on time provider will charge a US $20.00 late fee per billing cycle and a US $25 fee for each payment-related suspension. If client disputes justified charges by provider on his credit card, provider has the right to charge a $25 administration fee in addition to the regular suspension charge and immediately discontinue service.

13. Provider maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. Client shall keep the right to use the domain name even if client changes providers.

Adult Oriented Sites

It is our policy NOT to host any adult oriented or pornography web sites. There are various legal and logistical reasons as to why we have decided to initiate this policy.

Spamming

We have a strict "zero tolerance" policy against spamming. Users who Spam via E-mail, newsgroups, etc. are not allowed on our web servers. We define "spamming" as the distribution of unsolicited e-mail to other users or user groups that do not specifically ask for the information. It doesn't matter if you use our mail servers, or if you hire a company to send mailings for you. After the first complaint from other users, you will receive a warning. If we continue to receive complaints your site will be removed and your account will be cancelled.