C-Networks, Web Hosting Service Level Agreement. This Agreement sets forth the terms and conditions of Your use of C-Networks’s Web Site Hosting services ("Web Hosting" "service") and represents the entire agreement ('Agreement') between You and C-Networks ("C-Networks" "Lorenzo Conti" "we" "us" "our"). By using C-Networks's Web Hosting services, including single-domain accounts, and/or by placing your information on our server(s), You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which C-Networks may establish from time to time.

If You do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on C-Networks's servers. C-Networks reserves the right to reject this Agreement for any reason or no reason, prior to acceptance thereof by C-Networks. You may view the latest version of this Agreement at any time at http://hosting.c-networks.org/sla.htm.

Customer identification information. You agree that as the person legally responsible for use of this account, you are at least 18 years of age. If you are under 18 years of age, your account must be ordered by a parent or guardian, in their own name.

You hereby represent that you are either an individual entering this Agreement for his or her personal use, or a corporation, limited partnership or other legal entity, duly organized and in good standing under the laws of the state of its organization and that the person acting on your behalf is duly authorized to accept, execute and deliver this Agreement on your behalf.

You agree to supply C-Networks with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

Modification or Amendment of Agreement. C-Networks may modify or amend this Agreement. You agree that C-Networks's posting of modifications or amendments to this web page constitutes adequate notice.

You further agree that it is your obligation to check C-Networks's web site periodically for any modifications or amendments to this Agreement, and that notice of modifications or amendments to this Agreement delivered by e-mail does not obligate C-Networks to deliver similar e-mail upon any other amendments or modifications to the Agreement. If any modification or amendment to this Agreement is unacceptable to you, it is your responsibility to terminate the Agreement as specified in the "Cancellation" sections of this Agreement; if you do not terminate within 14 (fourteen) days of any amendment or modification of the Agreement by C-Networks, your continued use will constitute an acceptance of the amended or modified Agreement.

User conduct. C-Networks's Web Hosting services may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to C-Networks, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.

While using the service, you may not:

A. Restrict or inhibit any other user from using and enjoying the Internet.

B. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, 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, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws.

C. Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component.

D. 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).

Indemnification. You agree to indemnify, release, defend, and hold harmless C-Networks and each of its respective officers, directors, contractors, employees, shareholders, affiliates and agents from any and all liabilities, penalties, suits, demands, proceedings, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, C-Networks, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content, and its terms shall survive any termination of this Agreement.

Refusal or discontinuance of service. C-Networks reserves the right to refuse or discontinue service to anyone at C-Networks's sole discretion. C-Networks may deny you access to all or part of the service without notice if you engage in any conduct or activities that C-Networks in its sole discretion believes violates any of the terms and conditions in this Agreement. C-Networks shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that C-Networks has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. C-Networks reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement. We also reserve the right to refuse refunds in cases where we believe abuse has taken place.

No warranties. The services provided under this Agreement are provided on an as is, as available basis. C-Networks makes no warranties or representations of any kind for the services being offered. 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, or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by C-Networks or its agents or employees shall create a warranty. C-Networks provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall C-Networks be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' 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, or any failure of performance. If you are dissatisfied with C-Networks service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on C-Networks's servers that such information becomes available to all Internet users and that C-Networks has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You acknowledge and agree that C-Networks exercises no control over, and accepts no responsibility for, the content of data, scripts, or other information passing through C-Networks's host computers, network hubs and points of presence or the Internet. You assume total responsibility and risk for your use of C-Networks's servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through C-Networks or on the Internet generally.

Your use of the service is at your sole risk. C-Networks is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on C-Networks servers.

You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by C-Networks, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future C-Networks policy decisions.

C-Networks reserves the right to monitor any and all communications through or with our facilities. You agree that C-Networks is not considered a "secure communications medium" for the purposes of the Electronic Communications Privacy Act (ECPA), and that no expectation of privacy is afforded. The terms of this section shall survive any termination of this Agreement.

C-Networks is not responsible for any interruption in service or down time that may occur, whether due to external network disruptions or negligence of C-Networks. This includes loss of data resulting from delays, non-deliveries, wrong delivery, equipment failure and any and all other service interruptions caused by C-Networks.

Web site, e-commerce and customer warranties. You assume sole responsibility for acquiring any authorization necessary for hypertext links to third party web sites; for the accuracy of materials on your web site, including, without limitation, client content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted; and for ensuring that the client content does not infringe or violate any right of any third party.

Notwithstanding the foregoing, C-Networks reserves the right, in its sole discretion, to exclude or remove from the web site any hypertext links to third party web sites, any of your content on the Web Site, or other content not supplied by C-Networks which, in C-Networks's sole reasonable discretion, may violate or infringe any law or third party rights or which otherwise exposes or potentially exposes C-Networks to civil or criminal liability or public ridicule, provided that such right shall not place an obligation on C-Networks to monitor or exert editorial control over the Web Site.

C-Networks shall in no way be responsible for your conduct or actions including but not limited to your handling of third party information such as credit card numbers and any liabilities incurred by you including but not limited to tax liabilities for the conduct of your online business.

You are solely responsible for the development, operation and maintenance of your web site and any online store and e-commerce activities.

Limitation of liability. You agree that neither C-Networks nor any of its employees, owners, or agents shall be held responsible or liable for situations where services are accessed by third parties through illegal or otherwise unauthorized means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to C-Networks at the time) which may exist in our services or the equipment used to provide our services.

Under no circumstances, including negligence, shall C-Networks or any of its employees, owners, or agents be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by you, any of your customers, or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if C-Networks has been advised of the possibility of such damages. No C-Networks Person shall be liable to you, any of your customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use C-Networks's services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to C-Networks's records, programs, equipment or services.

Notwithstanding anything to the contrary in this Agreement, C-Networks's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims regardless of the legal theory or the nature of the cause of action shall not exceed the actual dollar amount paid by you for the services which gave rise to such damages, losses and causes of actions during the twelve (12) month period prior to the date the cause of action arose or the injury or loss occurred.

You understand, acknowledge and agree that if C-Networks takes any corrective action under this Agreement because of an action of you or one your customers, that corrective action may adversely affect other customers of you or other reseller customers, and you agrees that C-Networks shall have no liability to you, any of your customers, or any other third party due to such corrective action by C-Networks.

This limitation of liability reflects an informed and voluntary allocation of risks between the parties and applies to risks both known and unknown that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.

Regarding the Electronic Communications Privacy Act. C-Networks reserves the right to monitor any and all communications through or with our facilities. You agree that C-Networks is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded other than provided in C-Networks's privacy policy.

IP address ownership. During the course of providing C-Networks services to you, C-Networks may assign to you an Internet Protocol address. You agree that you have no right to a particular IP address under this Agreement and accordingly C-Networks shall retain ownership of any IP address or addresses used by you under this Agreement and that C-Networks reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

Caching. You expressly grant to C-Networks a license to cache your content, including content supplied by third parties and hosted by C-Networks under this Agreement. You agree to indemnify and hold C-Networks harmless for any infringement of any third party's intellectual property rights thereby affected from said caching.

No interference with operation of system. You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.

You agree to adhere to system policies as published online by C-Networks, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at C-Networks. You agree to abide by any and all future C-Networks policy decisions.

Security. You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify C-Networks immediately in writing by registered mail, with return receipt, to C-Networks, , 2939 Folsom St., San Francisco, CA 94110. You shall be held fully responsible for any misuse or compromise to your account for which C-Networks is not properly notified. You agree not to provide or share access to your account to any third party, and that you are responsible for any use of your account by any party to whom such access has been provided. You agree if certain features of your account are used to provide shared access to your account to third parties, that you are responsible for the actions of any party which utilizes those features. You agree that if any security violations are believed to have occurred in association with your account, C-Networks has the right to suspend access to the account pending an investigation and resolution. You also agree that C-Networks has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and will be immediately reported to the appropriate authorities.

Use of C-Networks services to engage in any type of fraud, "cracking", malicious behavior, or harassment is expressly forbidden. Interference with the proper operation of systems reachable via the Internet is forbidden. Compliance with the acceptable use policies of any network or system with which you connect through our service is required. Forging e-mail, Usenet postings, or other messages is forbidden. Trafficking in pirated software is forbidden. Port scanning or the use of similar tools is forbidden.

Use of C-Networks services to publish or otherwise disseminate information about the availability of pirated software or other material that is being made available illegally, including the publication of a list of links to such material, regardless of disclaimers, is specifically forbidden. We do not condone or encourage any illegal material or behavior.

If inappropriate activity is detected, all accounts of the user in question will be deactivated until the investigation is complete. Prior notification to the user is not assured. We reserve the right to contact law enforcement regarding the activity.

Transmittal of materials. You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of C-Networks or any other service with reference to services obtained through C-Networks, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming", is strictly prohibited and may cause your services to be terminated immediately and without warning. You will be held fully responsible for any damages to you, C-Networks, or any other party or parties resulting from any such conduct.

Payment. You agree to supply appropriate payment for the services received from C-Networks, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed. You agree that until and unless you notify C-Networks by e-mail or in writing of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that if you are paying by credit card, prepayments will be billed and charged automatically up to 30 days before they become due, and that C-Networks may apply the amount due to the provided card at any time.

You agree to pay a late fee of US$30.00 (thirty dollars) if your account or accounts become more than ten (10) calendar days overdue or if your credit card is not accepted when a charge is processed. Fees for renewal periods after the initially purchased term shall become due 30 days before the first day of such renewal period. C-Networks may impose a debt service charge equal to ten percent (10%) of the overdue balance for each month or portion thereof the overdue amount remains unpaid. In addition, in the event that any amount due C-Networks remains unpaid seven (7) calendar days after such payment is due, C-Networks, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. You agree that C-Networks may charge a US$30.00 (thirty dollars) fee to reinstate accounts that have been terminated or suspended. All taxes, fees and governmental charges relating to the services provided hereunder (other than income taxes of C-Networks) shall be paid by you.

Customer agrees that C-Networks may charge in advance all fees due for the services provided to you under this Agreement to the credit card supplied by you during registration or at any time thereafter and you specifically agree not to charge back any payments C-Networks processes through your credit card.

You acknowledge and specifically agree that chargebacks -- which might occur if you dispute C-Networks charges directly with your credit card bank -- are unlawful if C-Networks's service has been rendered. If you have a fee dispute with C-Networks, you must such dispute with C-Networks directly without initiating any chargeback proceedures. Any chargeback will evoke an automatic US$100.00 (one hundred dollars) service fee, without exception, for which customer will be held responsible in future collecting procedures.

Returned checks will be assessed a US$25.00 charge.

Prior Agreements. This Agreement supersedes any written, electronic, or oral communication you may have had with C-Networks or any agent or representative thereof, and constitutes the complete and total agreement between the parties.

Severability. This Agreement, together with the order form and any other documents or agreements identified in this Agreement, represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

Acknowledgement. By placing and continuing to maintain or place information on C-Networks's servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them. This Agreement supersedes any written, electronic, or oral communication you may have had with C-Networks or any agent or representative thereof, and constitutes the complete and total agreement between the parties.

Force Majeure. C-Networks will not be liable for failure or delay in performing it obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the services.

General policy regarding uses and activities C-Networks reserves the right to take action without delay or prior notice to you in the event that you or anyone else accesses your account or server space and engages in any use or activity prohibited by this Agreement. You acknowledge that such action may include removal or loss of your content, disconnection or discontinuance of C-Networks services, and/or termination of your account with C-Networks. You agree that C-Networks has no liablitiy to you or to any of your customers due to any action that C-Networks may take in such a case. You acknowledge and accept that there is a minimum US$150.00 breach-of-agreement fee for any account suspended for violating any policy set forth in this Agreement.

Spam and Bulk Mail Delivery The transmission of unsolicited or prohibited advertising or other content through electronic mail or inappropriate Usenet postings is strictly forbidden. The use of C-Networks's services or resources for unsolicited mass mailings or postings (commonly known as "Spam") by any customer will cause that customer's services to be terminated immediately and without warning, and the customer will be held legally responsible for the damages to C-Networks, both monetary and in reputation. The use of any other service to make such a mailing or posting, with any reference to C-Networks services (including but not limited to mailboxes, autoresponders, and Web pages), shall also be grounds for account termination and/or other corrective actions. In addition, C-Networks reserves the right to charge a cleanup fee of US$1000.00 + US$1.00 per message sent.

No more than 1000 e-mails may be sent out within a 24-hour period without C-Networks's prior written consent. Please send bulk delivery mailings through your local ISP's mail server, or any other mail server which you are authorized to use. We reserve the right to deactivate your account without prior notice should we detect bulk mail delivery conducted using it, regardless of whether it is spam or not.

Denial of Service Attack. Denial of Service Attacks are strictly prohibited. Any account launching a Denial of Service from our server(s) against any other server will be terminated without prior notice. In addition, C-Networks reserves the right to charge a cleanup fee of $1000.00.

Adult Content. Adult-oriented content is strictly prohibited on C-Networks servers. Sites providing or aiding access to pornographic materials in image, video, and audio formats are considered adult-oriented whether or not an adult verification process is offered, and whether or not they are intended for commercial or free use. C-Networks does reserve the right to make exceptions for special cases, including but not limited to educational sites.

Chat. The use of C-Networks's servers to run or participate in interactive real-time chat applications that require server resources is strictly prohibited. This includes but is not limited to any web site or portion thereof that allows visitors to post messages that are immediately viewable in order to engage in "conversation" with other users in real time.

Misuse. Actions prohibited by C-Networks include but are not limited to the following actions. You agree not to engage in these actions:

A. operating any service which makes an account feature available to third parties for any use other than normal access to that account's web site

B. operating any service which enables or assists anonymous or abusive behavior by third parties

C. operating any service which affects the stability or reliability of any C-Networks server or network component, impacts other users or the company negatively, or degrades quality of service

D. reselling autoresponders to third parties

E. running a service like hotmail.com

F. running a service like pobox.com

G. running a service like tripod.com

H. running a service like linkexchange.com

I. running a service like thecounter.com

J. running CGI scripts for other sites

K. hosting a remailer

L. running any script, executable or other program or process on C-Networks's servers or other equipment that will in any way adversely affect the performance of said equipment

All account features are to be used solely in order to develop and implement the web site(s) associated with that account. C-Networks reserves the right to discontinue service for any system whose maintainer is unable or unwilling to control misuse, abuse or related problems.

Resource Usage. You may not, through a cron job, CGI script, interactive commands, or any other means, take the following actions on C-Networks servers:

A. run any process or program that requires more than 10 MB of memory space;

B. run any process or program that requires more than 30 CPU seconds to complete;

C. run any process or program that uses more than 8% of all available system resources at any time;

D. run any process or program that "fork bombs" or otherwise uses child processes in a manner that disrupts performance of the server, or in order to attempt to circumvent resource restrictions;

E. use the find command, or any similar tool which recursively explores directory structures, anywhere except in their own directories;

F. send out mail to more than 100 addresses in one batch, whether sequentially or in parallel. Such batches must "sleep" for at least three seconds between each delivery attempt;

G. send prohibitively large messages to any receiving system that cannot or does not wish to receive them;

H. run your own mailing list software, whether custom or packaged;

I. run any interactive real-time chat application that requires server resources;

J. run a banner exchange;

K. run a remotely-accessible web counter;

L. run any service that performs CGI services for sites outside our network;

M. run stand-alone, unattended server-side processes at any point in time on the server, including but not limited to any and all daemons, such as IRCD;

N. run any software that interfaces with an IRC (Internet Relay Chat) network.

In addition to the above, we reserve the right to suspend or terminate any hosting account that we feel is jeopardizing our network for any reason. C-Networks will be the sole and final arbiter as to what constitutes a violation of this policy.

Bandwidth and Disk Usage. You agree that C-Networks will monitor and meter your bandwidth and disk usage and, in the event that you exceed the bandwidth or disk usage allocated under your account, C-Networks may take action that may, at C-Networks's sole discretion, include the assessment of additional charges, disconnection or discontinuance of any and all C-Networks services, forced upgrade of your account to a level commensurate with your usage level, or termination of this Agreement. You agree that in the event of a dispute C-Networks's internal monitoring reports shall be the final method of determination how much disk space and bandwidth was used and you agree to pay the excess usage charges when due. Log files cannot be deleted by you, but will automatically be deleted once every month.

You agree not to run more than 15 processes or programs simultaneously. You agree not to upload any file greater than 50 megabytes in size to any of C-Networks's servers.

All images in your account must be linked to from pages within your account. It is a violation of this Agreement to use this account as merely an image, sound or file library.

Excessive Usage. Data transfer is measured per calendar month. C-Networks may warn you when you have reached 80% of your allowed data transfer, but is under no obligation to do so. You may extend your allowed data transfer amount by purchasing additional amounts at the current price as listed on the C-Networks web site.

No Uptime Guarantee. C-Networks makes no guarantees regarding server uptime and connectivity, and no credit or return of payment may be demanded by you for server downtime.

CGI Usage. CGI scripts and programs are subject to resource limitations as follows:

Size of Core Files - 0 MB

CPU Time Used - 30 seconds

Memory Size - 16 MB

Number of Open Files - 32

Number of Simultaneous Processes - 15

These limits are subject to change and variation as necessary, at the sole discretion of C-Networks, and may be enforced by automatic monitoring systems.

Database Usage. Use of MySQL databases on C-Networks's servers is subject to the following conditions and restrictions:

A. no database may be used to act as a "hit counter," or for logging of information distributed nightly in the raw Web logs (including but not limited to browser and page referrer information);

B. each individual database is allotted up to 20MB (megabytes) of disk space;

C. databases may not be used for circumventing account disk allowances by storing normal Web content (HTML, images, etc) within the database;

D. databases may only be used in conjunction with C-Networks hosted accounts;

E. databases may not be used to store binary data (including but not limited to image, multimedia and application files); if needed, these files should be stored within the user account and referred to in the database by a "pointer";

F. a limit of 25 users per database;

G. a limit of 35,000 queries/user per hour and 3,500 connections per hour.

C-Networks reserves the right to require changes to database designs or usage methods in any case where such designs or methods are found to have an adverse impact on a database server and/or other databases on that server. C-Networks reserves the right to disable any database determined to be unacceptably harming performance of a database server.

Cron Jobs. Cron jobs are allowed on C-Networks servers, subject to the following conditions and restrictions:

A. the job must not execute more often than once every hour;

B. the job must generate no greater impact than a CGI script;

C. the job must be "niced" (for details, read about the nice command with "man nice"), and the nice value must be 10 or greater.

Server Side Processes. The installation or operation of any stand-alone, unattended server-side processes or daemons on C-Networks servers, with the exception of cron jobs, subject to their own policy, is forbidden, except by special arrangement. This specifically includes IRC bots or clients as well as any network redirector programs. Use of such a process to accept network connections, for any purpose whatsoever, is expressly forbidden. Violation of this policy may result in immediate account termination without warning.

Server Exploiting Policy. Any account who is attempting or has attempted to successfully or unsuccessfully exploit any of the server's services, including but not limited to the http server or ssh server, or attempting to gain root access will have their account terminated without notice.

Money Back Guarantee. All customers purchasing a C-Networks Web Hosting, for the first time are eligible for a 15-day money back guarantee. The 15-day period shall begin at the moment you make payment for the services purchased, and C-Networks must be notified in writing by letter or e-mail of your desire for a refund by the end of the 15th 24-hour period following. This guarantee does not apply to domain name registration, free domain name offers, setup fees, maintenance fees, add-on charges, charges for excessive usage, or any charge other than the base charge for the plan concerned. Accounts disabled or cancelled by C-Networks for misuse or any other violation of this Agreement are not eligible for the money back guarantee.

Customers who receive a free domain name registration upon purchase and subsequently invoke the 15-day money back guarantee are responsible for a standard charge for domain name registration/transfer as listed on the C-Networks web site when purchase was made ($8.95 as of this writing), to compensate C-Networks for the cost of registering the domain name. By consenting to this Agreement, you acknowledge that you are responsible for this cost and that you have no intention of purchasing C-Networks services with the sole intention of abusing C-Networks's offer(s) to gain a free domain name registration and without intention to become a C-Networks customer. You further acknowledge that C-Networks shall not fully release any domain names registered under a free domain name offer until you have either made payment as described above or have successfully completed two (2) months of being a C-Networks customer. Domain names registered at no cost via C-Networks free domain name offers shall be fully bestowed upon customers after the completion of no fewer than two (2) continuous months of being a C-Networks customer, measured from the day of purchase. If you have any doubts whatsoever about the implications and consequences of this Agreement regarding a free domain name offer, we strongly recommend that YOU DO NOT CONSENT TO THIS AGREEMENT OR PURCHASE C-Networks services without first questioning C-Networks about the points in question.

Assignment. In consenting to the terms of this Agreement, you acknowledge that you do not have the right to assign this Agreement without the prior written consent of C-Networks. This Agreement shall be binding upon and inure to the benefit of you and C-Networks and their successors and permitted assigns.

Disclosure of Customer Information and Legal Process. C-Networks has a policy of confidentiality regarding customer information. However, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or official governmental request, to protect C-Networks or others from harm, and/or to ensure the proper operation of C-Networks's services, C-Networks may disclose any customer information in its possession, including, without limitation, information about customers, Internet transmissions and website activity. C-Networks has no obligation to notify any person, including the customer about whom information is sought, that C-Networks has provided the information or the nature of the information provided. You acknowledge the above and agree to it without reservation.

C-Networks as Reseller or Licensor. C-Networks is acting only as a reseller or licensor of the hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non-C-Networks Product"). C-Networks shall not be responsible for any changes that cause the Non-C-Networks Product to become obsolete, require modification or alteration, or otherwise affect the performance of C-Networks services. Any malfunction or manufacturer's defects of Non-C-Networks Product either sold, licensed or provided by C-Networks to you or purchased directly by you used in connection with the C-Networks services will not be deemed a breach of C-Networks's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of Non-C-Networks Product are limited to those rights extended to you by the manufacturer of such Non-C-Networks Product. You are entitled to use any Non-C-Networks Product supplied by C-Networks only in connection with your permitted use of C-Networks services. You agree to use your best efforts to protect and keep confidential all intellectual property provided by C-Networks to you through any Non-C-Networks Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with C-Networks services. You agree not to transfer, export or re-export any Non-C-Networks Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.

Licensed Software Only. You agree to use only properly licensed third party software in connection with your use of C-Networks services.

False Information. You agree not to post false or inaccurate information to news groups in violation of the news groups' rules and regulations. If any news groups or service providers contact C-Networks concerning unethical, false or unlawful activities by you, C-Networks reserves the right to terminate your service without notice.

Cancellation. This Agreement goes into effect upon confirmation of your order with C-Networks or commencement of provision of C-Networks's services to you. The duration of this Agreement is determined by the length of service indicated by you at the time of order confirmation or the period indicated by you through a request to extend C-Networks's services, whichever is longer. Should no specific extension of services be requested by you, this Agreement shall automatically renew for successive terms, equal in length to the initially indicated duration, unless terminated or canceled by either party as provided in this Agreement. During this duration of this Agreement as indicated above, this Agreement cannot be terminated by customer for any reason.

This Agreement may be terminated on the renewal/anniversary date by either party by giving the other party notice by letter or e-mail at least 30 days prior to the renewal/anniversary date of the services ordered, or by C-Networks in the event of nonpayment by you or by C-Networks, at any time, without notice, if in C-Networks's judgment you have in any way breached this Agreement.

If C-Networks cancels this Agreement pursuant to any of the terms outlined in this Agreement C-Networks shall not refund to you any fees, paid or prepaid, in advance of such cancellation, and you are obligated to pay any and all fees and charges accrued prior to the effectiveness of such cancellation. Prepaid hosting fees are not refundable beyond the 15-day period governing the 15-day money back guarantee. C-Networks also has the right to charge you a minimum of US$150.00 breach-of-agreement fee for violating any policy set forth in this Agreement.

If, prior to the end of the agreed duration of this Agreement, you cancel C-Networks services for any reason, or C-Networks terminates the Agreement due to your breach of this Agreement, you will be charged an early termination fee equal to the fee for such account remaining in the term. At no point shall you receive a refund of any prepaid service fees.