WebHaus Service Agreement

WebHaus Acceptable Use Policy

SERVICE AGREEMENT

TERMS AND CONDITIONS

GENERAL

SERVICES

This Service Agreement ("Agreement") applies to the purchase from Advantrics LLC and its affiliates (collectively, "ADVANTRICS") of all services (collectively, the "Services") selected by Customer on the Order Form and the Domain Name Registration Form, as applicable, incorporated by reference and attached hereto, if any, except that if Customer is also ordering colocation and/or web site production services, Customer is also required to sign the agreements specific to those services. ADVANTRICS reserves the right to modify its network and facilities used to provide the Services for purposes including but not limited to accommodating evolving technology and increased network demand, and providing enhanced services. ADVANTRICS shall use reasonable efforts to notify Customer of any planned changes to ADVANTRICS' network or facilities that may adversely affect the Services provided hereunder. 

TERM
This Agreement shall be for the term specified by Customer on the Order Form or Domain Name Registration Form, as applicable (the "Initial Term"). Except in the case of Dial-up customers, this Agreement will be automatically renewed, at the end of the Initial Term, on a month to month basis unless either party provides sixty (60) days written notice to the other of termination of this Agreement prior to the end of the then current term. The Initial Term and all month to month extensions thereof are collectively referred to herein as the "Term" of this Agreement. Dial-up Customers’ contracts are on a month-to-month basis. 

BILLING AND PAYMENT

Pricing: During the term of this Agreement, Customer shall pay the fees for the Services that are set forth on the Order Form and Domain Name Registration Form, as applicable. Such fees may include taxes, fees or assessments by governmental agencies and ADVANTRICS shall have the right, at any time, to pass through and invoice to Customer any new or increased taxes, fees, assessments or other charges imposed on or required to be collected by ADVANTRICS by any governmental agency.

Terms Of Payment: 
Invoices are due and payable upon receipt. All payments shall be made in U.S. currency

Service Continuation After Initial Term: 
The fees set forth in the Order Form or Domain Name Registration Form are guaranteed during the Initial Term of this Agreement. If Customer continues to receive the Services after the Initial Term without entering into a new agreement or agreement extension, the fees charged after the Initial Term shall be at the then standard ADVANTRICS rates for such services, without discount, determined month to month.

Service Charge: 
Customer will pay a late payment charge equal to 1.5% (or the highest amount permitted by law, whichever Is lower) per month or portion thereof on the outstanding balance of any invoice remaining unpaid thirty (30) days after the date upon which payment is due.

Suspension Or Interruption Of Service For Non-Payment: 
In the event Customer's account becomes past due, or is otherwise deemed insecure, ADVANTRICS may, in its sole discretion, suspend, interrupt or disconnect the Services. In the event of such suspension, interruption or disconnection, Customer may be required to post a deposit or such other security, as ADVANTRICS deems necessary in order to resume receiving the Services. In addition, if ADVANTRICS in its sole discretion, deems Customer to be financially insecure, ADVANTRICS may require such other action of Customer, including letters of credit, security deposit(s), restrictions on available credit or other action as ADVANTRICS may require from time to time regardless of Customer’s then-current status or payment history. Failure to satisfy ADVANTRICS' request for such action within timelines set by ADVANTRICS may result in immediate termination of service without further notice. 

ACCEPTABLE USES

Customer shall at all times adhere to the ADVANTRICS Acceptable Use Policy located at http://www.advantrics.com, as amended from time to time by ADVANTRICS effective upon posting of the revised policy at the URL. Notwithstanding anything to the contrary contained herein, ADVANTRICS may immediately take corrective action, including disconnection or discontinuance of any and all Services, or terminate this Agreement in the event of notice of possible violation by Customer of the ADVANTRICS Acceptable Use Policy. In the event ADVANTRICS takes corrective action due to a violation of the ADVANTRICS Acceptable Use Policy, ADVANTRICS shall not refund to Customer any fees paid in advance of such corrective action. 

CANCELLATION POLICY

Customer may terminate this Agreement by giving ADVANTRICS at least sixty (60) days prior written notice. However, Customer remains obligated to pay all amounts remaining in the Initial Term, and if ADVANTRICS has purchased equipment on behalf of Customer, including but not limited to circuit and router, Customer shall assume responsibility for payments for such equipment, until paid in full. 

In order to terminate early, Customer’s primary contact person on the account should notify ADVANTRICS of such request to do so. In the case of credit card orders, all termination requests should be signed by Customer’s primary contact person on the account who must provide the last four digits of the credit card on file with ADVANTRICS. However, ADVANTRICS shall not be liable for unauthorized termination of an account. 

Any termination by ADVANTRICS or Customer shall not relieve Customer of any obligations to pay fees accrued prior to such termination. In the event that a Dial-up Customer primary account holder cancels service, service will be cancelled immediately, and the remainder of the monthly payment forfeited. ADVANTRICS reserves the right to terminate this Agreement without cause prior to the end of the term upon sixty (60) days written notice to Customer. 

IP ADDRESS OWNERSHIP

ADVANTRICS shall maintain and control ownership of all IP numbers and addresses that may be assigned to Customer by ADVANTRICS and ADVANTRICS reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

CACHING

Customer expressly (i) grants to ADVANTRICS a license to cache the entirety of Customer’s Web Site, including content supplied by third parties, hosted by ADVANTRICS under this Agreement and (ii) agrees that such caching is not an infringement of any of Customer intellectual property rights or any third party’s intellectual property rights.

BANDWIDTH AND/OR DISK USAGE

Customer agrees that bandwidth and/or disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form. ADVANTRICS shall monitor the customer’s usage. If bandwidth or disk usage exceeds the agreed upon number of megabytes per month, ADVANTRICS, in its sole discretion, may assess additional standard charges, disconnect or discontinue any and all Services, or terminate this Agreement. In the event that ADVANTRICS elects to take such action, Customer shall not be entitled to a refund of any fees paid in advance of such corrective action.

EQUIPMENT

ADVANTRICS is acting only as a reseller and/or provider of any hardware, software, circuit and equipment (collectively, the "Equipment") offered under this Agreement that was manufactured by a third party. ADVANTRICS shall not be responsible for any changes in Service(s) that cause Equipment to become obsolete, require modification or alteration, or otherwise affect the performance of the Service(s). Any malfunction or manufacturer’s defects of Equipment either sold or provided by ADVANTRICS to Customer or purchased directly by Customer used in connection with the Service(s) will not be deemed a breach of ADVANTRICS obligations under this Agreement. Any rights or remedies Customer may have regarding the performance or compliance of Equipment are limited to those rights extended to Customer by the manufacturer of such Equipment. Customer is entitled to use any Equipment supplied by ADVANTRICS only in connection with Customer permitted use of the Service(s). Customer shall not resell, transfer, export or re-export any Equipment, or any technical data derived there from, in violation of any applicable United States or foreign law.

DISCLAIMER OF WARRANTY

Customer acknowledges and agrees that ADVANTRICS exercises no control over, and accepts no responsibility for, the content of the information passing through ADVANTRICS’ host computers, network hubs and points of presence (the "ADVANTRICS Network") or the Internet. NEITHER ADVANTRICS, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT ADVANTRICS PROVIDES. NEITHER ADVANTRICS, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. ADVANTRICS IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER’S CLIENTELE VIA THE SERVICE(S) PROVIDED BY ADVANTRICS.

INDEMNIFICATION

Customer will indemnify, save harmless, and defend ADVANTRICS and all directors, officers, employees, and agents of ADVANTRICS (collectively "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys’ fees) arising out of or relating to the use of the Services by Customer, including any violation of the ADVANTRICS Acceptable Use Policy. Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortuous interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ADVANTRICS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF ADVANTRICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will ADVANTRICS’ liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by Customer for the Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so that the above limitations or exclusions may not apply to Customer. In such jurisdictions, ADVANTRICS’ liability (and the liability of its affiliates, agents, content providers and service providers) shall be limited to the greatest extent permitted by applicable law.

FORCE MAJEURE

ADVANTRICS shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services. 

INTELLECTUAL PROPERTY

Customer represents and warrants that Customer’s use of the Services shall not infringe the intellectual property or other proprietary rights of ADVANTRICS or any third party. Customer further acknowledges that all right, title and interest in any and all technology, including the software that is part of or provided with the Services and any trademarks or service marks of ADVANTRICS (collectively, "ADVANTRICS Intellectual Property") is vested in ADVANTRICS and/or in ADVANTRICS’ licensors. Unless otherwise specifically provided in this Agreement, Customer shall have no right, title, claims or interest in or to the ADVANTRICS Intellectual Property. Customer may not copy, modify or translate the ADVANTRICS Intellectual Property or related documentation, or decompile, disassemble or reverse engineer the ADVANTRICS Intellectual Property, to use it other than in connection with the Services, or grant any other person or entity the right to do so. Unless otherwise specifically provided in this Agreement, Customer is not authorized to distribute or to authorize others to distribute the ADVANTRICS Intellectual Property in any manner without the prior written consent of ADVANTRICS; provided, however, that nothing in this sentence would preclude Customer from using the ADVANTRICS Intellectual Property as incorporated in the Services. This paragraph shall not operate to extinguish, restrict, vary, waive or affect in any manner whatsoever any right, title or interest which Customer may now have or hereafter acquires in, or in relation to, the third-party software that is part of or provided with the Services solely to the extent such third-party licensors publicly provide such rights, title or interest in the third-party software to Customer.

CONFIDENTIAL INFORMATION

Each party acknowledges that, in the course of the performance of this Agreement, it may have access to customer information and communications, including proprietary information claimed to be unique, secret, or confidential, and which constitutes the exclusive property and trade secrets of the other party ("Confidential Information"). Except as provided in ADVANTRICS’ Acceptable Use Policy (AUP), each party agrees to maintain the confidentiality of the Confidential Information and to use the Confidential Information only to the extent necessary for legitimate business uses in connection with this Agreement. Upon request of either party or on termination or expiration of this Agreement, each party shall return the Confidential Information of the other party then in its possession. Nothing in this Agreement shall prohibit or limit either party’s use of information which (a) is now, or hereafter becomes, publicly known or available through lawful means; (b) is rightfully in receiving party’s possession, as evidenced by receiving party’s records; (c) is disclosed to the receiving party without confidential or proprietary restriction by a third party who rightfully possesses and rightfully discloses the information; (d) is independently developed by the receiving party without any breach of this Agreement; (e) is the subject of a written permission to disclose provided by the disclosing party; or (f) is required by law to be disclosed.

Customer further agrees and acknowledges that ADVANTRICS may disclose Customer account information in accordance with ADVANTRICS’ AUP and Privacy Policy, located at http://www.advantrics.com, as amended from time to time by ADVANTRICS effective upon posting of the revised policy at the URL.

CUSTOMER DATA. 

Customer is responsible for its content residing on ADVANTRICS servers, and except as otherwise agreed with ADVANTRICS, for the backup thereof. 

SERVICES

DOMAIN NAME REGISTRATION

A. Registrar Services. ADVANTRICS has entered into an agreement with an accredited domain name registrar to provide Customer with domain name registration services, for any requests by Customer to ADVANTRICS to register an Internet domain name. As consideration for the domain name registration services provided by registrar to Customer, on behalf of ADVANTRICS, Customer agrees to pay ADVANTRICS, prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the ADVANTRICS price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. To view the current rates for using ADVANTRICS' domain name services, please see our PRICE SCHEDULE. All fees are non-refundable, in whole or in part, even if Customer’s domain name registration is suspended, cancelled or transferred prior to the end of Customer’s then current registration term. ADVANTRICS reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer’s requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer’s registration in an email from ADVANTRICS to the email address indicated in Customer’s registration application. 

B. Cancellation; Reinstatement. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by ADVANTRICS) in connection with the payments of the registration fee for Customer’s domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to ADVANTRICS as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. ADVANTRICS will reinstate Customer’s domain name registration solely at ADVANTRICS’ discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. 

C. Renewal. Customer will be notified when renewal fees are due. Should these fees go unpaid within the time specified in a second notice or reminder regarding renewal, Customer’s registration will be cancelled. Payment must be made by credit card or such other method as ADVANTRICS may indicate in the registration application or renewal form. ADVANTRICS will renew Customer’s name for Customer provided Customer’s credit card or other billing information is available and up to date, unless Customer instructs ADVANTRICS otherwise within the time specified. If Customer’s billing information is not accurate and Customer wishes to renew Customer’s domain name registration, we will contact Customer to update this information and charge Customer accordingly. 

D. Transfer. Customer will be responsible for all costs and fees associated with the registration of Customer’s domain name including, but not limited to, all costs and fees for moving or transferring such domain name. Under no circumstances shall ADVANTRICS be responsible for this cost. 

E. Use of Personal Information; Updated Information. Registrar and/or ADVANTRICS will collect certain personal information (including, without limitation, contact information such as name, address, email address and telephone number) ("Personal Information") from Customer during the registration process. Customer agrees and acknowledges that registrar will share Personal Information that Customer provide (or that is gathered about Customer during the registration process, including, for example, Customer’s primary domain name server and the like), or that registrar or ADVANTRICS otherwise maintains, with one another, with the Internet Corporation for Assigned Names and Numbers ("ICANN"), with registry administrator(s), and with other third parties as ICANN and applicable laws and/or policy may require or permit. Customer further agrees and acknowledges that registrar and/or ADVANTRICS shall be permitted (and in some cases may be required) to make publicly available, or directly available to third party vendors, some, or all, of the Personal Information or domain name registration information Customer provides, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by ICANN and applicable laws. Customer may access Customer’s Personal Information and/or domain name registration information in registrar or ADVANTRICS' possession to review, modify or update such information, through a ADVANTRICS information maintenance interface ("ADVANTRICS Interface") that is accessible on the ADVANTRICS website. We will not process data about any identified or identifiable natural person that we obtain from Customer in a way incompatible with the purposes and other limitations which we describe in this Agreement. registrar will take reasonable precautions to protect the information it obtains from Customer from loss, misuse, unauthorized access or disclosure, alteration or destruction. Customer hereby irrevocably waives any and all claims and causes of action Customer may have arising from such disclosure or use of Customer’s Personal 
Information and/or domain name registration information by registrar or ADVANTRICS.

F. ICANN Guidelines. Additionally, Customer acknowledges that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that registrar or ADVANTRICS may or must make available to the public or to private entities, and the manner in which such information is made available. Customer hereby consents to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by Customer in connection with the registration of a domain name (including any updates to such information), whether during or after the term of Customer’s registration of the domain name. 

G. Third Party Data. In the event that, in registering the domain name, Customer is providing information about a third party, Customer hereby represents that Customer has (1) provided notice to that third party of the disclosure and use of the party's information as set forth in this Agreement, and (2) that Customer has obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement. 

H. Accuracy of Data. Customer acknowledges that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of Customer’s domain name registration. (In addition, under certain federal laws, such provision of inaccurate or false information is one factor in determining whether Customer may have violated the trademark rights of another party in registering a domain name confusingly similar to such party's trademark.) Customer further agrees that Customer’s failure to respond for over fifteen (15) calendar days to inquiries by registrar and/or ADVANTRICS concerning the accuracy of contact details associated with Customer’s registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of Customer’s domain name registration.

I. If Customer Has Registered a Domain Name Through ADVANTRICS Before January 10, 2000. If Customer has registered a .com, .net, or .org domain name through ADVANTRICS prior to January 10, 2000, and Customer asked us to register the domain name for Customer, such domain names are subject to the agreement Customer entered into with Network Solutions, Inc. ("NSI"), who was then ADVANTRICS' exclusive provider of domain name registration services. By applying for the domain name and through the use or continued use of the domain name, the applicant agrees to be bound by the terms of NSI's domain name policy (the "NSI Policy") which is available at: http://www.networksolutions.com/legal/service-agreement.html.

J. Country Code Domain Names: .TO and .CC Domains. If Customer has in the past or wishes now to register a domain name for the Cocos Islands (.CC) or Tonga (.TO), Customer’s registration and use of these respective domains is governed by Customer’s agreement with the national registry in each country. By applying for the domain name and through the use or continued use of the domain name, Customer agrees to be bound by the terms of the relevant national DNS registration authority for the countries of Cocos Islands (.CC) and Tonga (.TO), respectively. Registration does not guarantee the ability to use, or that a third party will not object to the use of, a domain name. Additional information about .CC and .TO domains may be found at http://www.nic.cc/policies.html and http://www.tonic.to/faq.htm. For .CC or .TO domains, Customer will be charged an additional $100 by ADVANTRICS for the first two years' national registration fees, at $50 per year. The national DNS registration authorities for the countries of Cocos Islands (.CC) and Tonga (.TO) require payment of these fees at the time of registration. ADVANTRICS is authorized by the national registration authorities of Cocos Islands and Tonga to collect these fees on their behalf. 

K. Third-Party Proprietary Rights: ADVANTRICS makes no representations concerning and does not guarantee that Customer’s domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Customer agrees to be bound by the terms of the Domain Name Registration Agreement, Domain Name Dispute Policy which is posted at http://www.icann.org/udrp, and related agreements that Customer will be asked to review and indicate Customer’s acceptance of during the domain name registration process.

L. Welcome Page. Customer consents to ADVANTRICS' activation ("parking") of the registered domain name on a "Welcome Page" containing a notice, "Welcome to my Future Website." Such "Welcome Page" indicates that ADVANTRICS registered the domain name, and links to ADVANTRICS websites. This "Welcome Page" may be replaced by the Customer when the Customer contracts for web hosting and posts Customer's own content.



MISCELLANEOUS

GOVERNING LAW. The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of California. 

ENFORCEMENT OF AGREEMENT

In the event it is necessary for ADVANTRICS to enforce its rights under this agreement, Customer agrees to pay all fees incurred by ADVANTRICS (including, but not limited to, attorney's fees and collection agency fees)

AMENDMENT OR WAIVER

Except as otherwise provided herein, this Agreement may not be amended except upon the written consent of Customer and an officer of ADVANTRICS. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself. 

ASSIGNMENT AND SEVERABILITY

This Agreement shall be binding upon and inure to the benefit of Customer, ADVANTRICS and our respective successors, and assigns. Customer may not assign this Agreement without the prior written consent of ADVANTRICS, which consent will not be unreasonably withheld. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

NOTICES

All notices to Customer hereunder shall be given at the Billing Address provided on the signature page hereto. All notices to ADVANTRICS hereunder shall be given to:

Legal Department
ADVANTRICS LLC
1947 Galileo Court, Suite 100
Davis, California 95616
Facsimile: 530-297-3661

Any notice hereunder shall be in writing and shall be given by registered, certified or Express mail, or reliable overnight courier addressed to the addresses in this Agreement, or by facsimile. Notice shall be deemed to be given upon the earlier of actual receipt or three (3) days after it has been sent, properly addressed and with postage prepaid. 

ENTIRE AGREEMENT

This Agreement, and any other document or agreements specifically identified in this Agreement, supercedes all previous representations, understandings or agreements.

ACCEPTANCE OF SERVICES AND ACCEPTANCE OF THIS AGREEMENT BY ADVANTRICS MAY BE SUBJECT, IN ADVANTRICS’ ABSOLUTE DISCRETION, TO SATISFACTORY COMPLETION OF A CREDIT CHECK AND CONTINUED CREDIT WORTHINESS OF CUSTOMER. ACTIVATION OF SERVICE SHALL INDICATE ADVANTRICS’ ACCEPTANCE OF THIS AGREEMENT. USE OF THE ADVANTRICS NETWORK CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. CUSTOMER represents and warrants that Customer HAS full authority and right to enter into this Agreement. Customer further represents and warrants that Customer IS at least 18 years of age. 

Acceptable Use Policy

As a provider of Internet access, web site hosting, and other Internet-related services, WebHaus offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. WebHaus respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, WebHaus reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, WebHaus has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing WebHaus’ services. This AUP will be revised from time to time. A customer's use of WebHaus’ services after changes to the AUP are posted on WebHaus’ web site, www.webhaus.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes. 

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that WebHaus cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because WebHaus cannot monitor or censor the Internet, and will not attempt to do so, WebHaus cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications. 

When subscribers disseminate information through the Internet, they also must keep in mind that WebHaus does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over WebHaus' network and may reach a large number of people, including both subscribers and non-subscribers of WebHaus, subscribers' postings to the Internet may affect other subscribers and may harm WebHaus’ goodwill, business reputation, and operations. For these reasons, subscribers violate WebHaus policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities: 

• Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward WebHaus, but also because it can overload WebHaus’ network and disrupt service to WebHaus subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, WebHaus has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list. 
  
  

• Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. WebHaus is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also WebHaus’ policy to terminate the privileges of customers who commit repeat violations of copyright laws. 
  

• Obscene Speech or Materials -- Using WebHaus’ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. WebHaus is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through WebHaus’ network. 
  

• Defamatory or Abusive Language -- Using WebHaus’ network as a means to transmit or post defamatory, harassing, abusive, or threatening language. 
  

• Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message. 
  

• Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity). 
  

• Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment. 
  

• Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software. 
  

• Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States. 
  

• Usenet Groups -- WebHaus reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP. 
  

• Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software. 
  

• Other Activities -- Engaging in activities, whether lawful or unlawful, that WebHaus determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations. 
  

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. WebHaus will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with WebHaus policy or applicable law. When WebHaus becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate. 

WebHaus also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching WebHaus’ facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. WebHaus does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. WebHaus has the right to directly take action against a customer of a subscriber. Also, WebHaus may take action against the WebHaus subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, WebHaus anticipates that subscribers who offer Internet services will cooperate with WebHaus in any corrective or preventive action that WebHaus deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of WebHaus policy. 

WebHaus also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, WebHaus urges its subscribers to assume that all of their on-line communications are insecure. WebHaus cannot take any responsibility for the security of information transmitted over WebHaus’ facilities. 

WebHaus will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. WebHaus may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, WebHaus may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. WebHaus assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, WebHaus may disclose subscriber information or information transmitted over its network where necessary to protect WebHaus and others from harm, or where such disclosure is necessary to the proper operation of the system. 

WebHaus expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate WebHaus policy. Finally, WebHaus wishes to emphasize that in signing the service agreement, subscribers indemnify WebHaus for any violation of the service agreement, law, or WebHaus policy, that results in loss to WebHaus or the bringing of any claim against WebHaus by any third-party. This means that if WebHaus is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against WebHaus, plus costs and reasonable attorneys' fees. 

We hope this AUP is helpful in clarifying the obligations of Internet users, including WebHaus and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to abuse@webhaus.com.