I. Financial Arrangements:

1. The Customer agrees to a three (3) month contract, beginning upon commencement of service.
2. First three (3) months payment plus a non-refundable setup charge, if any, shall be due upon receipt of contract.
3. If customer signs up for service for a new domain name which is to be registered by Nethost
   , customer agrees to be help responsible for the non-refundable fee of the registration period. See section XV for more information.
4. This agreement will automatically renew for successive monthly periods for the life of the contract until cancelled in writing. Cancellations MUST be sent by e-mail to cancel@nethost.ws . Customers paying by check or money order will receive an invoice for charges and payment is due upon receipt. Customers paying by credit card or who have submitted their banking information expressly agree to have their credit card / bank account billed monthly, every two months or quarterly for the recurring charges and/or fines for the life of the contract including any automatic renewal periods.
5. Initial payment is due with the contract. Monthly payments are accrued on the day that the account was ordered.
6. Client should under no condition have an outstanding balance. Nethost
    reserves the right to suspend accounts with an outstanding balance of $9.00 or more. A re-instating fee may apply to all suspended accounts. Please see fees below.
7. Client agrees to pay all fees and fines in addition to the base monthly hosting fee.
8. Billing will be done through e-mail only. Postal invoicing may be available for an additional charge.

1. Bank Fee - Nethost
    reserves the right to charge a fee of up to $20.00 per bounced check, credit card decline or bank account bounce. Client is obligated to pay this fee when required.
2. Suspended Accounts - accounts suspended due to outstanding balances may be fined up to $20.00 in addition to other fines / fees accrued.
3. Overseas checks must be payable through a correspondent bank which is a member of the Federal Reserve System.
4. Spamming - If we get spam complaints against your account, we reserve the right to charge $25 per complaint.
5. Collection Fee - balances not paid in full within 30 days of account suspension / cancellation will compile a 30% collection fee. In addition, user will be responsible for all actual costs of collection, including reasonable attorney’s fees.
6. Special DNS Modifications - MX changes, CNAME change requests are subject to fees of up to $25.00 for each modification.
7. Tape Backup - restoring from tape backup may result in a charge of $100.00.
8. Copyright Violations - customer is responsible for attorneys fees in regards to violations of Copyrighted material when Nethost
    is required take action.

II. Taxes:

1. Nethost
    shall not be liable for any taxes or other fees to be paid in accordance with or related to sales made from the Customer using Nethost
   's server. The Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold by the Customer.

III. Material and Products:

1. The Customer will provide Nethost
    with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Nethost
   . Nethost
    shall make no effort to validate this information for content, correctness or usability.
1. Use of Nethost
   's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the Customer's Webspace by the Customer. The following examples are offered: Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Autoresponders: a knowledge of mReply autoresponder, forwarding mail, use of mail by Customers to receive mail, etc.
2. The Customer agrees that he or she has the necessary knowledge to create the Customer's Webspace. The Customer agrees that it is not the responsibility of Nethost
    to provide this knowledge or Customer Support outside of the defined service of Nethost
   .
3. Nethost
    will exercise no control whatsoever over the content of the information passing through the network. Nethost
    makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Nethost
    also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Nethost
    is at the Customer's own risk, and Nethost
    specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Nethost
    expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro- rata monthly charge during the system unavailability. Nethost
    specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", Nethost
    may, at its option and at any time, reject this material, including but not limited to after it has been put on Nethost
   's Server. Nethost
    agrees to notify the Customer immediately of its refusal of the material and afford the Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Nethost
   . If the Customer fails to modify the material, as directed by Nethost
   , within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
4. We do not allow Adult Material. Any such material which is found to violate federal, state or local law will be removed from Nethost
    servers without notice. In addition, violators will be fined and their accounts cancelled without advanced notice.
5. We do not all Spamming or Spamming related content, violators will be fined and their accounts may be cancelled.

IV. Trademarks & Copyrights:

1. The Customer warrants that it has the right to use the applicable trademarks, if any.

V. Hardware, Equipment & Software & IP addresses:

1. The Customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Nethost
   . Nethost
    makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Nethost
    service.
2. All IP addresses are propriety of Nethost
   . Domains are propriety of their respective owners.
3. Account features such as unlimited bandwidth is limited to the server capacity.
4. You have unlimited bandwidth on your shared hosting package. Each time a html file, graphic file or any other element on your web page is loaded, data transfer is generated. Nethost
   .s customers are privileged to be offered unlimited traffic for their web sites. The intention of Nethost
    is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on Nethost
   .s server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of Nethost
    management. Any customer who violates Nethost
   .s Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the web site may be taken offline.
   
   To maintain the integrity of our shared hosting service the following limitations apply:
   Sites with banners, graphics or cgi scripts running from their domain used on other domains. Sites with picture galleries (This is any site where 50% of the files transferred is graphics) Sites offering download files or archives. (This is any site where 50% or more of there monthly traffic is from file downloads). Sites using more than 30% of system resources for longer than 60 seconds. Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3).
   
   You will receive a notice on Tuesday morning detailing your bandwidth usage.
   You will have 7 days to take action. If you do not pay for your overages your site will be disabled within 7 days of your first notice.
   
   Nethost
    will be the sole arbiter as to what constitutes a violation of this provision.

VI. Age:

The Customer certifies that he or she is at least 18 years of age.

VII. Internet Etiquette:

1. The Customer may not use Nethost
    servers for the purpose of MASS Electronic Junkmail. The Customer may not use Nethost
    servers for excessive computation time inappropriate for Internet Web servers. The Customer may not install in her/his account any program which presents a security problem on that server. Nethost
    reserves the right to immediately cancel any service account which is causing a disruption of services for other customers. Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Nethost
    may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Nethost
   . All messages transmitted via Nethost
    should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
2. Customer’s use of Nethost
    servers must comply with all current federal, state and local laws and regulations relating to Electronic Mail and identification of senders. Violation of these laws and regulations will result in cancellation of accounts without notice or any refund.

VIII. Termination:

1. Nethost
    may terminate service under this Agreement at any time, without penalty, if the Customer fails to comply with the terms of this Agreement, including non-payment. Nethost
    reserves the right to charge a reinstatement fee. Nethost
    reserves the right to refuse or terminate service to anyone for any reason including but not limited to overuse of bandwidth, cpu or memory.

IX. Limited Liability:

1. The Customer expressly agrees that use of Nethost
   's Server is at the Customer's sole risk. Neither Nethost
   , nor its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Nethost
   's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Nethost
    Server service, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall Nethost
   , its officers, agents or anyone else involved in creating, producing or distributing Nethost
   's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Nethost
    Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Nethost
   's records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on Nethost
   's Server service.
3. Notwithstanding the above, the Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which the Customer paid during the term of this Agreement and any reasonable attorney's fee and court costs.
4. Our liability on any account is limited to the amount of money that the customer has paid us. If we incur legal expenses due to a customer, we reserve the right to recover these expenses from the customer. For example, if you have violated a copyright and we are sued (although we shouldn't be as an ISP), we will require you to pay our legal fees.

X. Lawful Purpose:

1. The Customer may only use Nethost
   's Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local law or regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, material protected by trade secrets, as well as laws relating to junk electronic mail and identification of parties sending electronic mail. This also includes links or any connection to such offending materials.
2. Violations of any provisions in this section will result in cancellation of Customer’s accounts without notice and without any refund.

XI. Indemnification:

1. The Customer agrees that it shall defend, indemnify, save and hold Nethost
    harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Nethost
   , its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless Nethost
    against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Nethost
   's Server; (ii) any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which the Customer sold on the Nethost
    Server.

XII. Contract Revisions:

1. Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer upon continued use of Nethost
    services by Customer.

XIII. Transfer:

1. The Customer may not transfer this agreement without the written consent of Nethost
   .

XIV. Complete Agreement

1. This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by both parties upon renewal of services.

XV. Domain Names:

1. Fees:

Resellers are responsible for the domain fees of their clients. See section XV regarding these fees.