TERMS OF SERVICE OF PROVIDER, David "Ski" Wisniewski

The Provider agrees to provide and Customer agrees to accept and access service according to the following Terms of Service:

1. CUSTOMER HEREBY AGREES USE OF PROVIDER'S SERVICE CONSTITUTES ACCEPTANCE OF THE TERMS OF SERVICE SET FORTH HEREIN AND WILL UTILIZE THE SERVICE IN A MANNER CONSISTENT WITH ANY AND ALL APPLICABLE LAWS.

2. DOMAIN NAME REGISTRAR SERVICES ARE PROVIDED BY A SEPARATE THIRD PARTY. ALTHOUGH PROVIDER MAY OR MAY NOT PROVIDE CUSTOMER'S DOMAIN NAME REGISTRAR SERVICES ON CUSTOMER'S BEHALF, CUSTOMER IS SOLELY RESPONSIBLE TO KNOW AND UNDERSTAND THE TERMS OF SERVICE OF CUSTOMER'S DOMAIN NAME REGISTRATION AND ASSOCIATED DOMAIN NAME REGISTRAR TERMS OF SERVICE. FAILURE TO DO SO MAY RESULT IN THE PERMANENT LOSS OF CUSTOMER'S DOMAIN NAME.

3. PROVIDER SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE SERVICE PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PROVIDER BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SERVICE, OR ON ANY OTHER HYPERLINKED SERVICE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF PROVIDER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. PROVIDER RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO DEACTIVATE CUSTOMER'S SERVICE UPON ANY INDICATION OF CREDIT PROBLEM INCLUDING DELINQUENT PAYMENT.

5. PROVIDER IS NOT RESPONSIBLE FOR ANY DAMAGE ARISING FROM CUSTOMER'S INABILITY TO USE PROVIDER SERVICE FOR ANY REASON.

6. PROVIDER IS NOT RESPONSIBLE FOR CUSTOMER'S DATA. CUSTOMER IS SOLELY RESPONSIBLE FOR INDEPENDENT BACKUP OF DATA.

7. CUSTOMER HEREBY AGREES ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER'S SERVICE WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS, SLANDEROUS, OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY WILL BE REASON FOR SERVICE DEACTIVATION WITHOUT WARNING BY PROVIDER. CUSTOMER HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS.

8. CUSTOMER HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER'S SERVICE WILL NOT CONTAIN ANYTHING SUCH AS, BUT NOT LIMITED TO, PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, HARASSING OR HARMFUL MATERIAL, OR ANY OTHER USE WHICH IS CONSIDERED TO BE ABUSIVE AND UNETHICAL. CUSTOMER HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTING FROM CUSTOMER'S PUBLICATION OF MATERIALS OR USE OF THOSE MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATION WHICH PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE SERVICE, OR DEEMED A VIOLATION OF THE TERMS OF SERVICE.

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 ITS CUSTOMERS MAY UTILIZE.

10. USE OF DISTRIBUTION LISTS VIA UNSOLICITED ELECTRONIC MAIL OR OTHER MASS ELECTRONIC MAILINGS IS STRICTLY PROHIBITED. THE PROVIDER RESERVES THE RIGHT TO DEACTIVATE SERVICE UPON AN INDICATION OF SUCH ACTIVITY. CUSTOMER HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTING FROM THE CUSTOMER'S OR ANOTHER PARTY'S USE OF ELECTRONIC MAIL SERVICE BY CUSTOMER.

11. PROVIDER MAINTAINS CONTROL AND OWNERSHIP OF ANY AND ALL I.P. NUMBERS AND ADDRESSES THAT MAY BE ASSIGNED TO CUSTOMER AND RESERVES IN ITS SOLE DISCRETION THE RIGHT TO CHANGE OR REMOVE ANY AND ALL I.P. NUMBERS AND ADDRESSES.

12. CUSTOMER WILL BE INVOICED VIA ELECTRONIC MAIL ONLY. PAYMENT IS DUE IN ADVANCE AND UPON RECEIPT OF ELECTRONIC INVOICE AND CONSIDERED LATE AFTER 15 CALENDAR DAYS. DELINQUENT ACCOUNTS WILL BE DEACTIVATED. REACTIVATION WILL REQUIRE PAYMENT FOR PAST DUE AMOUNT PLUS A $60.00 REACTIVATION FEE.

13. ACCOUNTS WITH RETURNED CHECKS WILL BE ASSESSED $25.00.

14. ALL POP3 SERVICE E-MAIL MUST BE "DOWNLOADED AND DELETED FROM SERVER" IN A TIMELY MANNER.

15. E-MAIL ADDRESS CHANGE REQUEST WILL BE INVOICED AT 0.5 HOURLY RATE.

16. SAVE PASSWORD. PASSWORD REQUEST WILL BE INVOICED AT 0.5 HOURLY RATE.

17. CUSTOMER IS ALLOCATED 25 MB STORAGE SPACE. ALLOCATED SPACE INCLUDES E-MAIL, ACCESS LOGS, AND ALL OTHER CUSTOMER DATA COMBINED. CUSTOMER IS RESPONSIBLE TO MAINTAIN ACCESS LOG FILE SIZE OR PROVIDER WILL DO SO.

18. ALL DATA UPLOADED BY CUSTOMER MUST BE LINKED TO OTHER CUSTOMER CONTENT. THE INTENT OF THIS PARAGRAPH IS TO DISALLOW USE OF ALLOCATED DISK SPACE AS A STORAGE REPOSITORY FOR WHICH IT WAS NOT INTENDED.

19. CGI-BIN ACCESS AND SCRIPTS ARE SUBJECT TO APPROVAL OF PROVIDER AND MAY BE REMOVED WITHOUT NOTICE IF, IN PROVIDER'S SOLE DISCRETION, CONSIDERED INCOMPATIBLE WITH SERVICE.

20. CUSTOMER MAY CANCEL SERVICE AT ANY TIME BUT IS RESPONSIBLE TO PAY MONTHLY SERVICE FEE THROUGH CURRENT BILLING CYCLE IN WHICH SERVICE IS CANCELLED.

21. PROVIDER RESERVES THE RIGHT TO TERMINATE SERVICE AT ANY TIME WITHOUT PENALTY BY PROVIDING THIRTY DAY WRITTEN NOTICE VIA ELECTRONIC MAIL ONLY TO ADDRESS LISTED ON DOMAIN NAME REGISTRATION RECORD.

22. CUSTOMER AGREES ALL PAYMENTS ARE NON-REFUNDABLE UNLESS SERVICE IS TERMINATED BY PROVIDER, IN WHICH CASE, PAYMENT WILL BE REFUNDED ON A PRORATED BASIS.

23. CUSTOMER'S PRIMARY EMAIL CONTACT ADDRESS WILL BE CONSIDERED TO BE THE RGISTRANT OR ADMINISTRATIVE OR E-MAIL ADDRESS LISTED ON THE DOMAIN NAME REGISTRATION RECORD AS APPROPRIATE. CUSTOMER IS RESPONSIBLE TO INFORM PROVIDER OF PRIMARY E-MAIL CONTACT ADDRESS IF DIFFERENT FROM EMAIL CONTACT LISTED ON DOMAIN NAME REGISTRATION RECORD.

24. 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.
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