Note: All users are bound by these terms of service. USTINET Corporation ("USTINET") agrees to provide you ("User") with those services ("Service") set forth on the Application subject to User's compliance with the terms and conditions below.


PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.


Warranty Disclaimer

THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.


USTINET exercises no control whatsoever over the content of the information passing through USTINET' system. Use of any information obtained via USTINET is at User's risk. Neither USTINET nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does USTINET make any warranty as to the results from use of the Service.


THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY USTINET, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER USTINET NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.


Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL USTINET, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT USTINET IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, USTINET' LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.


If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of USTINET in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.


Indemnification

Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold USTINET, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by USTINET, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify USTINET in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and USTINET shall confer as to and agree on the legal counsel(s) to be selected in any such defense.


Age Limit

User represents to USTINET that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.


Sexually Explicit Materials

User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. USTINET has no control over and accepts no responsibility whatsoever for such materials.


Prohibited Uses

User may not:

restrict or inhibit any other user from using and enjoying the Internet;

post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations; post on webspace provided any sexually explicit materials or materials that may be offensive.

post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component; post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto; send unsolicited advertising or promotional materials to other network users (See section titled "MESSAGING"); allow users to run Maillist, Listserv or any form of auto-responds from User's account; run or activate processes while User is not logged in; violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity; attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of pingbots and other methods of avoiding timing disconnection (See section titled "LIMITATIONS OF DIAL-UP SERVICES"); or violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.

USTINET has no obligation to monitor the Service. However, User agrees that USTINET has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its

subscribers. USTINET will not intentionally monitor or

disclose any private E-mail message unless required by law. USTINET reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. USTINET reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of USTINET following payment of a reconnection charge, to be determined by USTINET in its sole and absolute discretion.


Messaging

User agrees to limit their use of the USTINET service, specifically regarding the use of USTINET's electronic (email) services, to the following restrictions:

Unauthorized Use of Relay Servers User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.


Fraudulent Addressing

User agrees that the purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered, is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the USTINET service.


Fraudulent Content


User agrees to be held responsible for the distribution of fraudulent materials.


VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF $200. USTINET RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF USTINET SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR USTINET SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, USTINET RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF USTINET SERVICES FOR VIOLATION OF ANY OF THESE TERMS.


Limitation of Dial-Up Services

Although USTINET advertises "Unlimited Access" in regards to some of it's Dial-Up services, there are several limitations applied. The sole purpose of these limitations are intended to limit the amount of unnecessary use of USTINET services by any such User, which restricts overall USTINET system availability for other such Users. These limitations apply only to Dial-Up access services offered by USTINET.


Idle Timeout

User agrees to have their online session automatically terminated after ten (10) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the USTINET service. Maximum Single Session User agrees to have an online session automatically terminated after eight (8) hours of consecutive time, regardless of data transferred during such specific online session.


Minimum Re-Connect Limit

User understands they cannot log back onto the USTINET system for a time period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session's termination.


Multiple, Concurrent Online Sessions

User agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account purchased.


Terms of Payment

A credit card User agrees to allow "Your ISP" to bill his or her card on each successive billing date without obtaining User's permission after the initial charge. A credit card User shall notify USTINET of any changes in credit card number or expiration date. If the card is not honored for any reason, USTINET will attempt to notify the card holder by using the telephone information given at sign-up or by E-mail. USTINET will call the card holder, and if alternative billing has not been established, the account will be terminated. Restoring the account will be subject to a setup fee of $10.00. If payment is by check, payment due dates are indicated on User's invoice. Dishonored checks are subject to a collection fee to be determined by USTINET in its sole and absolute discretion and User's account may be suspended until the account is current. If payment is not received , service will be terminated and a setup fee of $10.00 will be added tom charges for additional Service. USTINET maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 2.5% per month on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event USTINET utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of USTINET's attorneys' fees and costs in the collection of these sums. USTINET reserves the right to change prices at any time without prior notice to it's customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.


Right to Cancel

USTINET reserves the right to cancel Service for any reason without prior notice. Pre-paid service is non-refundable. USTINET will not refund any shipping, setup, sign up, or handling fees. Cancellations after the first of the month will be charged for that month. User must notify USTINET via telephone or in writing to cancel Service. Cancellations shall not be honored by electronic mail. Fees for any setup, shipping and handling, and monthly service charges placed by USTINET are non-refundable.


No Confidentiality

Information transmitted through USTINET and through the Internet in general is not confidential. USTINET can not and shall not guarantee privacy or protection of any User. USTINET reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of USTINET.


Customer Information

Unless required by court order, subpoena or other legal request, or upon the advice of counsel, "Your Company Name" may publish User's name and other consumer information in one or more directories which may be accessed by other Internet users. In addition, unless User notifies "Your Company Name" to the contrary as provided above, "Your Company Name" may make such information available to third parties from time to time. User understands further that merchants on the Internet may have access to such information and may make it available to third parties in accordance with their normal practices unless User notifies those merchants directly that User does not wish such information to be made available.


Non-transferable

The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.


Purchases on the Service

If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.


No System Backup

USTINET does not and will not perform system backups on any User's E-mail account(s). USTINET shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, USTINET will not provide historical data, to any party for any reason, regarding any system or Internet activity. USTINET does not and will not perform system backups on any User's personal web site account(s). USTINET shall not be held responsible for any lost web data, web files, or any web site contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, USTINET will not provide historical data, to any party for any reason, regarding any system or Internet activity. Failure to Comply With Terms and Conditions USTINET may deny User access to all or part of the Service without notice if User engages in any conduct or activities that USTINET in its sole discretion believes violates any of the terms and conditions in this Agreement. If USTINET denies User access to the Service because of such a violation, User shall have not right (1) to access through USTINET any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through USTINET, and USTINET shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.


Miscellaneous

User agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes). User also agrees to not remain connected to USTINET's system for periods exceeding (8) eight hours, in any single continuous session. User authorizes USTINET to enforce these restrictions by appropriate software and network measures, automated and manual.

User agrees to notify USTINET if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to USTINET.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

USTINET' failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

USTINET may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

USTINET shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of USTINET.


Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming USTINET as the defendant, shall be proper only in a venue determined by USTINET.

In any action between USTINET and User to enforce any of the terms of this Agreement, USTINET shall be entitled to recover expenses, including reasonable attorney's fees. This Agreement constitutes the entire agreement between User and USTINET with respect to the Service.




HOSTING:

USTINET HOSTING IS IN ADDITION HELD TO THE TERMS SET FORTH IN USTINET AUP (ACCEPATABLE USAGE POLICY)

USTINET will host an account for the purchaser hereafter referred to as the Account Holder, for their chosen domain name, for the period of time according to the payment plan chosen by the user months. USTINET shall provide access to a server computer which is connected to the Internet and capable of sending and receiving information over the "World Wide Web" as described more fully herein. The Account Holder wishes to establish an Internet presence using the hardware and software resources provided by USTINET. The Account Holder acknowledges that USTINET does not normally own or control the entire hardware and software infrastructure to which it may provide access. This contract will be automatically renewed at the end of its term.  Termination of services must be given in written form, 60 days prior to the termination date.  Phone notification is not acceptable. The undersigned Account Holder agrees to abide by the following provisions of this service contract and may have to agree to additional provisions from USTINET covering this and/or any future services added to this agreement.


1.  The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all international, federal, provincial, and municipal laws.  Violations of this or any other provision of this agreement can result in a 30 day notice to terminate service or an immediate termination of service depending upon the severity of the violation. USTINET reserves the right to refuse service if the content of information provided is deemed illegal, misleading, or obscene, in the opinion of USTINET.   Account Holder agrees not to store, transmit, link to, advertise or make available any images containing nudity or semi-nudity. USTINET will make the final decision in any dispute over unacceptable context, and Account Holder agrees to accept USTINET decision.

2.  USTINET reserves the right to increase prices at any time. 

If this service is paid quarterly it may be subject to future price increases.  The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of their password. USTINET will not change passwords to any account with out proof of identification which is satisfactory to USTINET, which may include written authorization with signature.  In the event of any partnership break-up, divorce or other legal problems that includes

Account Holder, Account Holder understands that USTINET will remain neutral and may put the account on hold until the situation has been resolved.  Under no circumstances will USTINET be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise.

3.  The Account Holder agrees not to harm USTINET, its reputation, computer systems, programming and/or other Account Holders using USTINET. USTINET reserves the right to select the computer for Account Holder's web-site for best performance.  If Account Holder breaches this agreement, then USTINET has the right to terminate service without any refunds of the unused portion prepaid by Account Holder. The Account Holder agrees to indemnify and hold harmless both USTINET and any other Account Holder from any and all claims and/or costs resulting from the Account Holders use or abuse of their service in any manner.

4.  Account Holder understands this service is provided on a shared server.  This means that one web-site can not overwhelm the sever with heavy CPU usage from highly active CGI scripts or chat scripts.  If your web-site overwhelms the server and causes complaints from the other users, you have outgrown the realm of shared servers, and will need to relocate your web-site.  If at any time, Account Holder breaches any part of this contract and USTINET, must engage in the services of an attorney, then Account Holder will pay any and all of USTINET' reasonable attorney fees and court costs.  The Account Holder's rights and privileges cannot be sold or transferred without written consent from USTINET

5.  This contract represents the complete understanding between the parties.  If Account Holder sells or resells advertising or webspace to a third party then Account Holder will be responsible for the contents of that advertising and the actions of that third party. USTINET has the right to reject any illegal or offensive content.  The e-mail distribution by the Account Holder  of "SPAM" , "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If Account Holder refuses to remove any content found objectionable by USTINET, USTINET may terminate service.

6.  USTINET will use its best efforts to maintain a full time Internet presence for Account Holder.  The network may be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error.  Account Holder agrees that these events may or may not occur and Account Holder will hold USTINET, its employees, owners, contractors, free and harmless from any damages incurred in any event of any type of loss resulting from any reason whatsoever. USTINET total liability under all circumstances will never exceed the amount paid by Account Holder for duration of this agreement.  If Account Holder selects the discount for 12 months prepaid service then any amounts prepaid cannot be refunded by USTINET in the event Account Holder stops using this service. Setup fees are nonrefundable.