USE OF EQUIPMENT AND SERVICE

1.  Client will use the Virtual Server, dialup services in a manner consistent with any and all applicable laws of the State of Pennsylvania, Wisconsin and the US Federal Government.

2.  Provider reserves the right, in its sole discretion, to deactivate the Client's Virtual Server, dialup account(s) upon an indication of credit problems including delinquent payments.

3.  THE PROVIDER SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE VIRTUAL SERVER, DIALUP 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 Provider or by Client's inability to use the Virtual Server, dialup 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. Client is solely responsible for independent backup of data stored on Provider.

6.  CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER 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 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 ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE VIRTUAL SERVER 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, 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) AND WILL CHARGE THE CLIENT A SUM OF $200 CLOSURE FOR SUCH VIOLATIONS.

8.  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 or its customers may utilize.

9.  Use of distribution lists via unsolicited electronic mail or other mass electronic mailings is strictly prohibited. Bonified lists must be proven. The Provider reserves the right to deactivate the Client's Virtual Server account(s) or access service upon an indication of such activity. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's Virtual server account(s) or dialup access. In the event that it is determined a client has engaged in spamming and/or falsifying email headers while using providers resources, such client may be deactivated and/or forfeit a fine of $250 per event. This has become necessary to cover the tracking and cleanup costs involved.

10. In the event it is necessary to refer any dispute to an attorney or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees and all costs associated with any legal action, whether or not a suit shall actually be filed.

11. 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.

A Fee of $25/Hr first 1/2 hour or incident can be assessed for unsupported help desk calls, please use the trouble shooting or FAQ pages before calling.

In the event of collection for services provided where the user provides false, invalid, or insufficient funds for payment the provider (including chargebacks), at it's discretion, may charge a service fee of $25 for Credit card billing and $35 for check billing per occurrence. A charge of 1 1/2% per month will be applied to unpaid balances.

We consider fraud a major event and concern. As such we reserve the right and obligation to collect a fee of $25/hr accumulated for research and filing per fraud occurence as mitigated by respective contact agencies.   

CANCELING SERVICE

1. Cancelations must be by written notice before 6AM CST on the last day of the month, either by email or USPS. Phone cancelations are permissible if backed up by written cancelation within 10 calendar days.

2. Cancelations are valid only by the account holder or it's guarantor.

3. Third party, non-account holder cancelations can only be recognized by certified letter with a verified physical address (no PO Boxes). This is to prevent non-qualified cancelations and harassment by third parties.

4. Service follows until 6AM CST at the end of month following cancelation. No refunds are provided for.

5. Cancelations within the first month of service will forfeit prorating and revert to full month pricing and are subject to a $25 setup fee.

6. Cancelations due to violations of terms or agreements verbal or written, will find all escrows forfeit.