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blue.gif (113 bytes) TERMS OF SERVICE AND ACCEPTABLE USE POLICY

GENERAL

007webhost  reserves the right to refuse service to anyone at its sole discretion. 007webhost  reserves the right to suspend or cancel a customer's access to any or all services provided by 007webhost when 007webhost decides that the account has been inappropriately used.

UNSOLICITED BULK EMAIL ADVERTISING ("Spamming")

Unsolicited commercial email advertisements sent from a customer's account using a 007webhost -hosted domain or a 007webhost SMTP server will result in immediate account suspension or cancellation. 007webhost servers may not be listed in any spammed
message, either as an originator, intermediary, or reply-to address. Violators will be immediately terminated without refund; legal action for theft of services may also be initiated. Customers who are repeatedly flamed and/or mail-bombed, or who attract such behavior, will be immediately terminated.

Unsolicited commercial email advertisements posted on Usenet newsgroups, sent from a customer's account using a 007webhost-hosted domain or a 007webhost SMTP server, will result in immediate account suspension or cancellation.

ABUSE OF UNLIMITED TRAFFIC & STORAGE

007webhost customers are privileged to be offered unlimited traffic and very large amounts of storage for their web sites. We expect our customers to use these resources in good faith. The intention of 007webhost is to provide a large space to serve web documents, not an offsite storage area for electronic files. To prevent abuse; 1) 007webhost web space must be used as a facility for web hosting only; 2) 007webhost storage must not be used as a facility for backup purposes; 3) All non-HTML files must be referenced by HTML files. All web pages (HTML) must be 'linked' with all files (.gif, .jpeg, .exe, etc.) stored on 007webhost' servers. Web sites that are found to contain no html documents or a number of unlinked files are subject to warning, suspension or cancellation at the discretion of 007webhost  management.

Due to the unique resource characteristics and hit patterns associated with certain site types of sites, the following do not qualify for unlimited web space or bandwidth, and should contact 007webhost regarding metered rate accounts: file/download archives (including shareware archives, sound archives, video archives, image archives, and multimedia archives), mirrors, distribution points, or any other site whose sole or primary purpose is for file distribution.

Large sites MUST make prior arrangements with 007webhost before signing up. Specifically, drastic changes or increases in storage size or bandwidth must be coordinated with 007webhost so that we are prepared to handle the increase in resource demand. In short, 007webhost will give large sites the flexibility they need, provided that such accounts do not negatively impact other 007webhost customers.

007webhost email accounts may not be used for permanent storage of email, and must be cleared periodically. In other words, don't click the "leave mail on server" box found in many popular email clients.

Violation of any part of this "good faith" policy can result in warnings or requests to switch to a metered rate. Flagrant violations will result in termination of service with no further notice and no refund.

VIRUSES

In the event that any virus or destructive element is found or furnished with any content, the customer will use their best efforts upon learning that such situation exists, to immediately eliminate the virus or destructive element. Customer will notify 007webhost as to the existence of any such virus or destructive element immediately upon discovery thereof, and 007webhost will have the right to take any steps it deems necessary to eliminate the virus or destructive element and to be reimbursed by the customer for its costs relating to any such commercially reasonable steps.

PAYMENT POLICIES

All accounts are set up on a prepay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable under any circumstances. All pricing is guaranteed for the term of pre-payment. 007webhost reserves the right to change prices at any time. Any cancellations or modifications in services included in a Special invalidates the Special price. Payment is due each anniversary month or period following the date the account was
established. Credit card orders will be charged automatically to the card number on file. If for any reason the card does not clear with the bank on three attempts, the account is subject to suspension. Any account not brought current within a week of e-mail notice or exceeding this time frame in any way is subject to suspension. No bills or invoices will be sent by regular mail. Invoices for those customers who pay by check will be sent via e-mail 3-4 weeks before payment is due. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies 007webhost in writing for a request for termination of services. Checks returned unpaid (NSF) will be assessed a $25 charge. All payment is in U.S. currency.

Domain registration fees are billed directly to the domain registrant by InterNIC. The domain registrant is solely responsible for making payment. 007webhost does not issue refunds for "down time" caused by the customer's failure to pay InterNIC fees.

CANCELLATION

007webhost reserves the right to cancel service at any time. If  007webhost institutes its right of cancellation, all fees paid in advance of cancellation will be pro-rated and paid by 007webhost, EXCLUDING SETUP FEES. If cancellation is caused by customers violation of 007webhost policies, then no refund is due whatsoever.

Customers can cancel service any time and be refunded any amount exceeding the pre-payment of the current month. Due to security concerns, all account cancellations must be done in writing via US mail or fax with a valid signature of the primary contact of the account, account name, reason for cancellation, and last 4 digits of credit card on file. If payment was made by check or bank transfer, include the zip/postal code of the primary contact. Payment will be made by company check within 30 days of receipt of cancellation or credit card return. The account will be cancelled at the end of the current billing period, unless a date of cancellation is specified.

LAWFUL PURPOSE

Customers may not use 007webhost' servers to conduct or solicit the performance of any illegal activity or to conduct any other activity which infringes the rights of 007webhost or any third party.

INAPPROPRIATE MATERIAL

007webhost reserves the right to refuse service to anyone for any reason. 007webhost will not host or handle material that contains pornography, obscenity, discriminatory/hate propaganda, "warez" related sites, or sites that promote the illegal distribution of software. 007webhost retains sole discretion for determining which content falls into the above subject matter. 007webhost will cancel the accounts of customers that cause an overload of 007webhost  systems or results in reasonable complaints from other customers or third parties. The designation of any materials as such described above is left entirely to the discretion of 007webhost management.

PROHIBITION AGAINST RESALE OF SERVICES

007webhost' services are intended for the end user only. Customers cannot sublease, subhost, or give away control of any portion of 007webhost' resources. Doing so will result in immediate account cancellation. 007webhost offers a resale program for such purposes.

INDEMNIFICATION

Customer agrees that it shall defend, indemnify, save and hold 007webhost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against 007webhost, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless 007webhost against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with 007webhost server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from 007webhost server.

DISCLAIMER

007webhost will not be responsible for any direct or indirect damages your business may suffer as a result of 007webhost' negligence. 007webhostmakes no warranties of any kind, expressed or implied, for services we provide. 007webhost disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by 007webhost and its employees. 007webhost reserves the right to revise its policies at any time.


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