User Agreements

The terms and conditions set forth herein constitute the full and complete agreement between you and iSystems Technology, LLC. Your agreement to be bound by these terms is acknowledged by your use of the iSystems Technology, LLC Web Site, Hosting Services, Support Services and/or any iSystems Technology, LLC software made available to you. The terms contained herein supersede and replace any other agreement or negotiation between you and iSystems Technology, LLC whether oral, written or otherwise including any statements made by any representative of iSystems Technology, LLC at any time.

1) FEES; PAYMENT OF FEES

1.1 Fees - iSystems Technology, LLC charges the following fees where applicable. All such fees are subject to change with 30 days notice.
a) Account Set-Up Fee
b) Service Fee
c) Domain Registration Fee

1.2 iSystems Technology, LLC reserves the right to offer subsequent promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not affect the then existing rights and responsibilities of each party. iSystems Technology, LLC also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.

1.3 iSystems Technology, LLC charges a non-refundable set up fee as well as it's periodic service fee which in some cases may be refundable as further set forth elsewhere herein. According to the services you order from iSystems Technology, LLC, iSystems Technology, LLC may also charge you for Domain Registration Fees and specifically reserves the right to institute additional charges upon notice to you. iSystems Technology, LLC also reserves the right to alter, change, amend or delete charges at its sole option. iSystems Technology, LLC further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.

1.4 Payment of Fees - iSystems Technology, LLC accepts payment by Credit Card, personal check, cashier’s check or money order. We will not accept PayPal.

1.5 Payment by Credit Card

1.5.1 Prior to activation of your user account and at any applicable time thereafter you agree to allow iSystems Technology, LLC to charge your provided credit card and at stated regular intervals the agreed service fee amount for the stated period together with any iSystems Technology, LLC set-up charges, registration fees, or any other charges outlined herein as may be applicable. You further authorize iSystems Technology, LLC to charge your credit card for all subsequent period fees at, or a reasonable period in advance of, the commencement of any such subsequent period. You agree to maintain current valid existing credit card information with iSystems Technology, LLC for the purpose of satisfying the iSystems Technology, LLC charges as they become due. Refusal or rejection of any such charge or any portion thereof is grounds for account suspension and/or termination at the sole option of iSystems Technology, LLC under Paragraph 8 herein.

1.6 Payment by Check

1.6.1 Prior to activation of your user account you agree to submit a check payable in U.S. dollars against a bank located within the United States. iSystems Technology, LLC is under no obligation to initiate service until the proceeds of such check have been cleared by such financial institution and have been received by iSystems Technology, LLC. Invoices will be submitted to you as a courtesy only. Payments for subsequent fees are due and payable immediately upon invoice and in no instance later than the expiration of the last day of the previous period without regard to any invoice. It is your responsibility when paying by check to make sure that your payment is received by iSystems Technology, LLC. An administrative fee of $25.00 will be charged for the refusal, rejection or return of any such check for any reason whatsoever or any portion thereof. In addition, refusal, rejection or return of any such check for any reason whatsoever or any portion thereof is grounds for account suspension and/or termination at the sole option of iSystems Technology, LLC under Paragraph 8 herein.

1.6.2 It is recommended that in order to avoid any service interruption that you submit your payment to iSystems Technology, LLC a sufficient time before the expiration of the current service period so that it reaches iSystems Technology, LLC in advance of the renewal date.

1.7 Refunds of Service fees will be made only for pre-payment of Service fees beyond the renewal date following the effective notice and termination of this agreement under paragraph 8.1. All refunds shall be pro-rated based upon the number of days for which service remains unused as of that renewal date. iSystems Technology, LLC may grant refunds under any other circumstance it deems appropriate without waiving any other rights hereunder.

2) WEB HOSTING SERVICES

For the term of the agreement as set forth herein iSystems Technology, LLC agrees to provide web hosting services according the plan selected by you upon activation of your account. iSystems Technology, LLC reserves the right to change, amend and/or otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you. You agree to receive periodic emails from iSystems Technology, LLC in regards to products, services, your account, and system updates.

3) DOMAIN REGISTRATION SERVICES

At Customer's request, iSystems Technology, LLC may also acquire a Second-Level Domain Name ("Domain Name"), on behalf of Customer. iSystems Technology, LLC will not own or otherwise control any domain name registered on your behalf under this paragraph. iSystems Technology, LLC provides this service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against iSystems Technology, LLC for any and all damages, losses, claims or expenses arising our or related to the acquisition, registration and/or use of the Domain Name. Any costs incurred by iSystems Technology, LLC to obtain and/or maintain the Domain Name on your behalf shall be charged to you by iSystems Technology, LLC under the provision therefore elsewhere herein.

4) ACCEPTABLE USE

iSystems Technology, LLC strictly enforces compliance with its acceptable use terms under this paragraph (4) four. You agree to maintain your website in full compliance with the terms set forth below. Failure to so comply is cause for immediate suspension and possible termination under paragraph (8) herein.
a) You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
b) You agree not to cause any harm to minors of any kind or to perform any activity which is likely to cause such harm.
c) You agree not to take any action which encourages or consists of any threat of harm of any kind to any person or property
d) You agree not to transmit any unsolicited commercial or bulk email. You will not engage in any activity known or considered to be "spamming" or "Mail Bombing"
e) You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum.
f) You agree not to make or attempt any unauthorized access to any iSystems Technology, LLC website or the website of any iSystems Technology, LLC customer.
g) You agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
h) You agree not to collect or attempt to collect personally identifiable information of any person or entity without their express written consent. You shall maintain records of any such written consent throughout the terms of this agreement and for three years thereafter.
i) You agree not to undertake any action which is harmful or potentially harmful to the iSystems Technology, LLC server structure.
j) You agree not to sublease your account, www.yourcompany.com/client, or offer free space to other clients. Our web plans are for single users only.
k) You agree not to run a banner exchange, free adult tgp (thumbnail gallery post) and free adult image galleries on your website.
l) STANDARD accounts come pre established with 4,000 MB of storage. ADVANCED accounts come with 8000 MB of storage. CORPORATE accounts come with 10,000 MB storage. All requests for additional storage are subject to approval and a minimum charge.

5) LICENSE

iSystems Technology, LLC pursuant to the terms and conditions set forth herein hereby grants you a non-exclusive, limited, personal, non-transferable license to use the iSystems Technology, LLC Web Hosting Service for the term of the agreement as set forth herein.

6) OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY

6.1 It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of iSystems Technology, LLC including but not limited to the iSystems Technology, LLC customer service and maintenance tools. You acknowledge that all right and title to any such iSystems Technology, LLC intellectual property shall remain the sole property of iSystems Technology, LLC and that you have no right, title or interest therein. You further agree not to provide access to the iSystems Technology, LLC services to any third party. You agree yourself and not to assist any third party in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the iSystems Technology, LLC Services. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the iSystems Technology, LLC service shall also remain the sole property or iSystems Technology, LLC.

6.2 During the term of this agreement you may have access to certain information and materials relating to the iSystems Technology, LLC business, customers, software technology and marketing which iSystems Technology, LLC treats as confidential (hereinafter "Confidential Information"). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any "Confidential Information" without the express prior written consent of iSystems Technology, LLC; and (ii) not use or disclose any of the "Confidential Information" for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.

7) TERM

The initial term of this agreement shall be one (1) month with automatic renewal for subsequent additional months after the expiration of the initial term. iSystems Technology, LLC reserves the right to accept pre-payment of renewal periods and may from time to time offer financial incentives for such pre-payment. The term of the agreement, however, shall remain one (1) month.

8) SUSPENSION AND TERMINATION

8.1 Suspension - At the sole option of iSystems Technology, LLC for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to Section 1 (Payment of Fees) and Section 4 (Acceptable Use Policy) iSystems Technology, LLC may suspend your account by deactivating any access by you or by web users to any information contained on the iSystems Technology, LLC servers related to your account while maintaining the information and data related to your account upon the iSystems Technology, LLC servers. Suspension shall specifically include the disabling of your hosted domain and/or any access to information or data related to your account. In the event of any such suspension you will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within ten (10) days the account may be terminated under paragraph 8.2. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.
8.2 Termination - This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the iSystems Technology, LLC servers. Such information or data may or may not be made available to you by iSystems Technology, LLC after any such termination. This agreement may be terminated either (a) after a period of suspension as set forth in paragraph 8.1 or (b) by either party upon 45 days notice in advance of a renewal period for any reason.
8.3 In the event of termination under paragraph 8.2(a) there will be no refund provided to you. In addition, iSystems Technology, LLC may charge you an additional termination fee not to exceed $100.00 at its sole option. The assessment of this termination fee shall not affect the rights of iSystems Technology, LLC to recover from you losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorney's fees or other costs of any kind as may be applicable under California Law
8.4 In the event of any termination under paragraph 8.2(b) of this subsection any service fees paid in advance beyond the next renewal date following the notice period under that section will be refunded to you. This refund shall not include any set-up fees, Domain Registration fees or other fees which are all non-refundable.

9) NOTICE

9.1 Any notice under this agreement shall be given by iSystems Technology, LLC to you via email at the address provided by you to iSystems Technology, LLC at the commencement of this agreement or as iSystems Technology, LLC is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do so at this page.
9.2 Any notice by you to iSystems Technology, LLC shall be made by telephone to a customer service representative at +1.707.361.5009 during iSystems Technology, LLC regular business hours of 7:00 a.m. to 5:00 p.m. Pacific Standard Time. Such notice may also be sent via United States Mail to the following Address:
iSystems Technology, LLC
Web Services Division
3852 Industrial Way
Benicia , CA 94510

10) SURVIVAL

Sections 1, 3 through 6, 8, 9, 11, 12, and 14 through 18, inclusive, of this agreement shall survive the termination of this agreement and shall remain in full force and effect after any such termination.

11) WARRANTEES AND LIMITATIONS

11.1 iSystems Technology, LLC makes every reasonable effort to maintain operation of the iSystems Technology, LLC service however because as many events and circumstances are beyond the control of iSystems Technology, LLC, iSystems Technology, LLC does not in any way warrant or otherwise guarantee the availability of the iSystems Technology, LLC system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of iSystems Technology, LLC.
11.2 THE iSystems Technology, LLC SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
11.3 In general, iSystems Technology, LLC has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. iSystems Technology, LLC accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. iSystems Technology, LLC provides no warrantee for any goods or services which you obtain over the Internet nor the compatibility of any such services with the iSystems Technology, LLC system.
11.4 You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.
11.5 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO iSystems Technology, LLC IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL iSystems Technology, LLC BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.

12) INDEMNITY

12.1 You agree to fully defend and indemnify and hold harmless iSystems Technology, LLC of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of iSystems Technology, LLC in any way related to your use of the iSystems Technology, LLC service or any portion thereof.
12.2 You agree to fully defend and indemnify and hold harmless iSystems Technology, LLC of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the iSystems Technology, LLC service or any portion thereof. Choice of counsel remains exclusively that of iSystems Technology, LLC
12.3 You agree that upon the assignment of your user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless iSystems Technology, LLC of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of iSystems Technology, LLC.

13) FORCE MAJEURE

Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

14) ASSIGNMENT

This agreement and the rights hereunder is not assignable or transferable except that iSystems Technology, LLC may assign it's rights hereunder to any person or entity who shall become a principal owner, or shareholder of iSystems Technology, LLC. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.

15) SEVERABILITY

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

16) CHOICE OF LAW

This Agreement shall be interpreted under the laws of the State of California without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of California , County of Solano . The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.

17) NO AGENCY

Notwithstanding any other provision of this agreement, iSystems Technology, LLC is not your agent, partner or joint venture in any respect.

18) AMENDMENT

iSystems Technology, LLC may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the iSystems Technology, LLC web site in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.

19) REQUIRED NOTICES

19.1 Copyright Infringement Claims - Any notice concerning any claim of copyright infringement should be addressed to iSystems Technology, LLC - Web Services Division, COPYRIGHT INFRINGEMENT CLAIM, 3852 Industrial Way, Benicia, CA 94510 Telephone +1.707.361.5009

California - Pursuant to the terms of The Electronic Commerce Act of 1984 please be advised that as may be applicable to you under California Law if you are unsatisfied with the manner in which a complaint that you may have regarding the iSystems Technology, LLC service you may contact the complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.

BACKUP SERVICES - iSystems Technology, LLC agrees to provide storage and restoration service of the client's files using the software provided.

TERMS OF AGREEMENT - The Client ( You ) agrees to qualify for services by means of a valid credit card or other payment method so agreed to by iSystems Technology, LLC. The agreement shall be for a minimum term of 30 days beginning on the date the service is made available for Clients' use, renewing automatically until terminated.
The minimum billing is for one month's service. At the discretion of the iSystems Technology, LLC, a service fee may be charged for billings requested by email or postal mail in accordance with the currently in-effect rate schedule. In the event client terminates for any reason other than breach by iSystems Technology, LLC, no pro-rata adjustments or refunds of any previously paid fees will be offered.

FEE FOR SERVICE - Rates charged the Client will vary according to the Client's level of usage of the service, primarily the amount of compressed disk storage maintained for use by the iSystems Technology, LLC on behalf of the Client.

LIMITATION OF LIABILITY, WARRANTY - The iSystems Technology, LLC claims that the use of its services will increase the probability that lost, damaged or destroyed files, data or information may be successfully restored. Nevertheless, the iSystems Technology, LLC makes no guarantee or warranty that the system and services will avert, avoid or prevent the loss of files, data or information for which the system or service is designed to provide due to any combination of natural disaster, technological failures and/or human activities or negligence. Under no circumstances will be the iSystems Technology, LLC be responsible for data lost due to inability of the Client to accurately recall their private encryption key.

EXCLUSIVE REMEDY - Because of the nature of the services rendered and the system as a whole, it is impractical and extremely difficult to fix the actual damages, if any, which may result from failure on the part of the iSystems Technology, LLC to perform its responsibilities under the terms of this agreement. The Client does not desire this agreement to provide full liability for loss, damage or injury due directly or indirectly to occurrences or consequences which the service or system is designed to deter or avert. In the event the iSystems Technology, LLC should be found liable in any respect for loss, damage or injury due to a failure of the equipment, software or services provided under this agreement, it's liability shall be limited to $250.00, as the agreed upon liquidated damages and not as a penalty. Such liquidated damage is the exclusive remedy for any failure of services, software or equipment. If the Client desires additional liability coverage, it shall be his/her responsibility to secure it from an insurance carrier or other agency of choice, at Client's own expense. The client shall bring no suit against the iSystems Technology, LLC more than one year after the event or occurrence of the cause of action.

INCREASE IN SERVICE FEES - From time-to-time and at the sole discretion of the iSystems Technology, LLC, the iSystems Technology, LLC may increase the fees it collects for providing service. The Client must be notified of such increases by electronic mail or via a posting on the iSystems Technology, LLC's established Internet web site not-less-than 30 days prior to the effective date of the rate change. In the event the Client shall be unwilling to pay the increased monthly charge, the Client may terminate this agreement upon giving notice in writing to the iSystems Technology, LLC and ceasing to use the service at the conclusion of the current month. Continued usage of the service shall be deemed acceptance of the revised service fees.

ASSIGNABILITY - The iSystems Technology, LLC shall have the right to assign this agreement to any person, firm or corporation. The Client may assign this Agreement with written notice to the iSystems Technology, LLC, including proper billing instructions for the new Client. Such Client assignment shall be effective upon the iSystems Technology, LLC's approval of the new entity's credit card, financial statement or with prepayment of required service fees.

COMMUNICATION CIRCUITS - The Client is responsible for the cost and maintenance of all telephone or other communication circuits required for data file transmission and system access. All data files are transmitted over communication company circuits, which are wholly beyond the control and jurisdiction of the iSystems Technology, LLC, and are maintained by the communication companies, engaged for service by the Client. If these communication circuits are not functional for any reason, backup data files may not accurately or completely reach the iSystems Technology, LLC's facility or equipment. The iSystems Technology, LLC cannot be responsible for the continued operation of these communication circuits nor the reliability of the data files being received over them.

TERMINATION - Either party may terminate this Agreement by written notice thirty days (30) in advance of desired termination date. In the event of non-payment of fees, the iSystems Technology, LLC may terminate service with a 10-day email notice to the latest available email address. Written notice of intent to cancel should be sent to:

iSystems Technology, LLC
3852 Industrial Way
Benicia, CA 94510
Email: webmaster@isystemstechnology.com

WARRANTY OF CLIENT - The individual signing this Agreement warrants that he/she has the authority to sign this Agreement on behalf of the Client and he/she has the authority to permit the installation of software described herein and provided with the service.

COMPLETE AGREEMENT - This document, along with any specified addendum, is a complete Agreement. Any representation, promise, condition, inducement or warranty, express or implied, verbal or written, unless expressed in writing in this Agreement or any addendum thereto, shall not bind either party and the terms and condition hereof apply as printed without alteration or qualifications except as specifically endorsed thereon in writing. A judicial determination nullifying any clause or condition herein shall not be deemed to nullify the balance of this Agreement, which shall remain in full force and effect.

ACCEPTANCE - This Agreement shall not be binding upon iSystems Technology, LLC unless accepted by an officer of the iSystems Technology, LLC. In the event of non-approval, the sole liability of the iSystems Technology, LLC shall be to refund to the Client any amount that has been paid by the Client as part of this Agreement.

Wireless Internet User Agreement

This Internet Service Agreement ("Agreement") is entered into between iSystems Technology, LLC (the "Provider") and the original purchaser (the "Customer") regarding Internet Service furnished by the Provider (the "Service"). By using or accessing the Service, Customer agrees to be bound by all of the terms and conditions set forth herein.

1. The Service provided pursuant to this Agreement is non-assignable. Use of the Service is limited solely to the Customer and his/her immediate family members residing with the Customer. Under no circumstances is Customer permitted to resell or provide connectivity to the Service in any manner to a third party. To do so will result in termination and prosecution and the forfeit of any earnings plus interest. Your Wireless Internet service is intended for your use only.

2. Provider may modify, at any time and without notice, the terms and conditions of this Agreement and the Service including, but not limited to, access procedures, hours of operation, documentation, and services offered. Any such modifications shall be effective upon written or electronic notification or posting of the modifications. Customer agrees to review this Agreement from time to time to check for modifications and to check its electronic mail for any correspondence from Provider. Use of the Service after notification shall constitute acceptance of the modifications.

3. Customer shall use the Service for legal purposes only and for purposes consistent with this Agreement. Customer agrees to use the Service in accordance with all applicable federal and state laws and regulations. Transmission or posting of any information or materials in violation of any federal or state laws is prohibited. This includes, but is not limited to, copyrighted materials, materials judged to be threatening, obscene, or libelous, or material protected by trade secrets. Any access to other computer networks through Provider’s connection must comply with the rules appropriate for that other network.

4. Customer shall pay Provider for the Service according to the rates and charges applicable to the service plan selected by Customer. Provider’s billing cycle is based on Customer’s sign-up date, with the basic service fee payable in advance at the beginning of the billing cycle along with any additional usage fees from the previous billing cycle. All charges shall be deemed valid unless disputed in writing within thirty days of invoice date. Provider may change its prices upon thirty (30) days written or electronic notification of any such change.

5. If Customer has agreed to pay for the Service with a credit card or through an automatic bank account charge, Customer understands that charges will be automatically billed to the credit card or bank account for the basic service, along with any additional usage or other charges due from the previous billing cycle. Provider understands and agrees that Provider shall not be responsible for any charges or expenses that Customer may incur from overdrawing Customer’s bank account or exceeding a credit card limit as a result of an automatic charge generated by Provider pursuant to this authority.

6. Dial-up Customer is responsible for determining whether Provider’s phone number is within Customer’s local calling area, and is also responsible for any phone charges it may incur in connecting to the Service. Wireless customer is responsible for determining if they are within range of the Provider’s wireless network.

7. All advertised connection rates are maximum attainable raw data rates under ideal conditions. All rates should not be considered guaranteed and are subject to but not limited to interference, network congestion, and equipment and far end node performance.

8. Customer may cancel its account at any time effective the end of the then current billing cycle. Cancellation request must be received by provider 30 days prior to customer's billing date. Such cancellation will not in any way affect Customer’s obligation to pay any amounts due hereunder, nor does it entitle Customer to a refund of any charges previously paid. Upon cancellation, Customer must promptly return any rented equipment. If equipment is not received within 10 days of cancellation, Customer will be charged the full retail price of the equipment. Provider may terminate this Agreement at any time with or without cause, or for Customer’s failure to abide by the terms of this Agreement or pay any fees or charges when due. If Provider terminates this Agreement, Provider shall reimburse Customer on a pro-rata basis for any unearned charges paid in advance. If Customer’s account is terminated, Customer may be required to pay reconnect charges in order to reactivate the account. If Customer’s account includes space on Provider’s server, anything stored on this space will be deleted upon termination.

9. Customer agrees to abide by the terms and conditions of Provider’s Appropriate Use Policy. Provider reserves the right to modify Appropriate Use Policy at any time.

10. Provider does not monitor the activity of accounts except for measurements of system utilization and the preparation of billing records and logs which result in the gathering of minimal information. Notwithstanding the forgoing, the Provider reserves the right to monitor the content of the Service and to remove anything which Provider, in its sole discretion, determines to be in violation of this Agreement. Whatever personally identifiable information which has been collected by the Provider may be used for marketing, promotional and other business purposes but will not be provided to third parties without Customer’s consent, with the exception of proper requests for information from government or judicial officials investigating illegal activity.

11. Provider owns and maintains the equipment necessary to receive and transmit the Service. Customer is responsible for any additional cables, connectors, routers, switches or hubs. Provider is not required to offer support for these additional components.

12. Provider extends a Limited Warranty to the Customer for the equipment. The terms of the Limited Warranty are set out in the “Equipment Limited Warranty” and are part of this Agreement. Provider does not guarantee the compatibility of the equipment with Customer’s computer, operating system, or networking equipment, nor does Provider’s Limited Warranty cover any defect present in Customer’s computer or network systems.

13. Provider does not refund or credit rent, so please contact Provider immediately if the equipment is not working properly for replacement equipment. Provider is under no obligation to provide replacement equipment except as provided in the Equipment Limited Warranty. If Provider provides Customer replacement equipment outside the Equipment Limited Warranty, Customer will be charged the full retail cost of the non-operational/malfunctioning equipment. Replacement equipment may or may not be the same model.

14. PROVIDER’S SERVICE IS PROVIDED ON AN "AS IS" BASIS. NO WARRANTIES OR REPRESENTATION OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, ARE MADE WITH RESPECT TO THE SERVICE. THE PROVIDER ALSO DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE SERVICE. PROVIDER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST OR IMPUTED PROFITS OR REVENUES OR LOST DATA OR COSTS OF COVER ARISING FROM OR RELATED TO THE SERVICE OR THE EQUIPMENT OR FAILURES TO MEET ANY SPECIFICATIONS.

15. The Provider’s liability to Customer for the Service provided pursuant to this Agreement shall be limited solely to a credit for outage time. Such credit shall be limited to an amount equal to that portion of the monthly account charges due under this Agreement from the Customer to Provider for outage period and shall be based upon a proportionate reduction of such charges. Any claim or demand for credit as a result of such outage shall be waived unless presented in writing within thirty (30) days of the date of the end of the outage. IN NO EVENT SHALL THE PROVIDER BE LIABLE TO THE CUSTOMER FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND.

16. THE REPAIR OR REPLACEMENT REMEDY SET FORTH IN THE SEPARATE LIMITED WARRANTY IS THE ONLY REMEDY AVAILABLE WITH RESPECT TO THE EQUIPMENT, WHETHER ARISING UNDER THE LIMITED WARRANTY, UNDER A LEGALLY FFECTIVE IMPLIED WARRANTY OR OTHERWISE. PROVIDER IS NOT RESPONSIBLE FOR DEFACEMENT, MISUSE, ABUSE, EGLECT, IMPROPER USE, IMPROPER ELECTRICAL VOLTAGES OR CURRENT, REPAIRS BY OTHERS, ALTERATIONS, MODIFICATIONS, ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ELEMENTS. NO ADVICE OR INFORMATION GIVEN BY PROVIDER OR ITS EMPLOYEES WILL VARY THE TERMS OF THIE LIMITED WARRANTY OR THIS AGREEMENT.

17. CUSTOMER SHALL INDEMNIFY AND HOLD HARMLESS, THE PROVIDER, ITS AFFILIATES, OFFICERS AND AGENTS WITH RESPECT TO ANY AND ALL CLAIMS, INCLUDING CLAIMS BY THIRD PARTIES, PUBLIC AND/OR PRIVATE OR OTHERWISE, FOR LOSSES, DAMAGES, INJURIES, LIABILITIES, HOWEVER ARISING WHETHER BY LAWSUIT, JUDGMENT, OR OTHERWISE AGAINST THE PROVIDER, ITS AFFILIATES, OFFICERS AND AGENTS (INCLUDING THE PAYMENT OF REASONABLE ATTORNEY’S FEES) BY REASON OF ACTIONS, CONDUCT OR OMISSIONS OF THE CUSTOMER OR ANYONE OPERATING UNDER THE CUSTOMER’S CONTROL.

18. Provider’s non-enforcement of any section of this Agreement does not constitute waiver thereof, and the Provider reserves the right to enforce this Agreement at its sole discretion. If any one or more provisions in this Agreement are found to be unenforceable or invalid, all other provisions shall remain valid.

19. This Agreement shall be construed in accordance with the laws of California. Customer agrees to that California courts in Solano County shall have the exclusive jurisdiction over any claim or dispute with relating in any way to this Agreement. Customer further agrees and expressly consents to the exercise of personal jurisdiction in the courts of California in connection with any such dispute, including any claim involving Provider’s affiliates, subsidiaries, employees, contractors, officers, or directors.

20. This Agreement, together with any policies, procedures or other documents referred to herein, constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes any other written or oral agreement. No modification, amendment or waiver of any of the provisions of this Agreement shall be effective unless made in writing specifically referring to this Agreement and duly sign by an authorized officer of Provider.