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Terms of Agreement and Acceptable use policy

US Internet agrees to provide such services, such as Diap-Up Internet Connection, DSL Internet Connection, Frame Relay Internet Connection, Dedicated Internet Connection, E-mail hosting, Website Hosting, Server-Colocation and any business US Internet may engaed in as time to time, as agreed "Agreed Upon Services" to the "Client" for the term of agreement at the price established at the time of agreement.

The client agrees to pay for said services at the price agreed for the time of the agreement. The client agrees to all of the terms and conditions stated within the agreement.

Fees and Payment

Fees for all monthly services are due the first day of each month for the service, which is to be provided in the coming month. Non-recurring fees and any other fees are due upon issuance of the invoice. The Client is responsible for payment of the service fee occurred by US Internet in advance of the service.

Payment method can be by check, wire transfer and credit card. US Internet accepts Visa, MasterCard, American Express and Discover.

The credit card will be automatically debited the first day of the new billing period.

US Internet reserves the rights to apply a late fee to any account 30 days past due. All payments shall be made in United States Dollars to US Internet at the above address.

All fees exclude any applicable taxes. The client will be responsible to pay all taxes, duties, or levies. US Internet reserves the rights to discontinue the service for the customer whose account is 30 days past due.

The agreement is effective for the length of service term agreed. At the end of the term, the agreement is automatically renewed on a month-to-month basis at the prices set in the service agreement. A new agreement may be made at any point after the termination date of this agreement. If no term is specified, it is a month-to- month contract.

If either party defaults in any of its obligations under this agreement, at its option, the non-defaulting party shall have the right to terminate this agreement with written notice of such default.

If US Internet terminates this agreement for the reason of client defaults its obligations, client understands and agrees that the client is responsible for any costs and fees associated with terminating this agreement, including but not limited to any remaining balance of the account, interest and collection fees.

The client may terminate this agreement with 30 days written notice providing client shall pay all the fees owed to US Internet. The client will be responsible for the charges during those 30 days.

Interruption of Service

Client understands and agrees that temporary interruptions may occur as normal and reasonable events in the provision of the service. US Internet agrees to exercise reasonable care to prevent such occurrences. Further, the client understands and agrees that US Internet has no control over third party networks that the client may access using the services and therefore has no control over delays and disruptions of other networks.

US Internet will make reasonable efforts to provide continuous, uninterrupted, and error-free service to the client. In no event shall US Internet be liable for any loss, loss of profits, loss of business, loss of use of data, interruption of business (indirect, special, incidental or consequential) of any kind, even if US Internet has been advised of the possibility of such damages.

US Internet makes no warranty regarding any transactions executed through the service, and the client understands and agrees that such transactions are conducted entirely at the client's own risk. US Internet makes no warranty regarding the performance or fitness of the agreed services.

Client assumes all responsibility for any and all content delivered by means of the agreed upon services including but not limited to correctness, trademark infringement, liable, slander, plagiarism or any other condition which may result in legal action. In the case of server co-location, US Internet assumes no responsibility for theft, loss due to fire, earthquake or any other loss due to conditions beyond US Internet's reasonable control.

Modification of Terms and Conditions

Agreement may be amended by mutual agreement of the parties at any time during the term of this agreement. No amendment shall be valid unless in writing and duly executed by both parties.

US Internet shall not be responsible for damages, delays or failures in performance resulting from occurrences beyond their reasonable control.

1. Introduction

US Internet supports the free flow of information and ideas over the Internet. US Internet does not actively monitor nor does US Internet exercise editorial control over the content of any Web site, electronic mail transmission, mailing list, newsgroup, or other material created or accessible over US Internet's Service. However, US Internet reserves the right to remove any materials that, in US Internet's sole discretion, are potentially illegal, may subject US Internet to liability, or violate this Acceptable Use Policy ("Policy"). Your violating this Policy may result in the suspension or cancellation of your US Internet Service.
In the event of a third party lawsuit over clients websites activities, regardless of legal or illegal, client has responsibility to protect us fully from such legal action, and will be responsible for legal fees protecting US Internet.

2. Acceptable Use Policies

The following constitute violations of US Internet's Policy:

• 2.1. Using a personal account for high volume or commercial use. If you would like to establish and utilize a commercial account or a high-volume account, please contact US Internet's Business Sales Department at (310) 581-2811. Activities which are prohibited for Subscribers with personal accounts include, but are not limited to:
  
  
  • 2.1.1. Maintaining a mailbox exceeding 10MB. A mailbox exceeding 10MB may, at US Internet's discretion, be transferred to a compressed temporary file or storage. Subscribers will be notified at that time with further information. US Internet reserves the right to delete the temporary file from the server 60 days after this notification.
    
    
  • 2.1.2. Exceeding 5MB of disk space for free Web sites. Any free Web site exceeding 5MB will be suspended until the Subscriber brings the disk space usage under 5MB or less. Or, additional megabytes may be purchased. These prices may be obtained by calling (310) 581-2811.
    
    
  • 2.1.3. Exceeding 250MB of traffic in a one month period for free Web sites. Any free Web site exceeding 250MB of traffic will be billed for the excess traffic. Traffic over 250MB will be charged .10 cents per MB.
    
  
  
• 2.2. Using US Internet's Service for illegal purposes or in support of illegal activities. US Internet reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as
  potentially illegal include, but are not limited to:
  
  
  • 2.2.1. Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and
    copyrighted software.
    
    
  • 2.2.2. Exporting software or technical information in violation of U.S. export control laws.
    
    
  • 2.2.3. Posting or emailing of scams such as 'make-money-fast' schemes or 'pyramid/chain' letters.
    
    
  • 2.2.4. Threatening bodily harm or property damage to individuals or groups.
    
    
  • 2.2.5. Making fraudulent offers of products, items, or services originating from your account.
    
    
  • 2.2.6. Attempting to access the accounts of others, or attempting to penetrate security measures of US Internet's or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data.
    
    
  • 2.2.7. The unauthorized use of a person's name or likeness.
    
    
• 2.3. Harassing others by 'mail-bombing' or 'news-bombing.' 'Mail-bombing' constitutes sending more than ten (10) similar mail messages to the same email address. 'News bombing' constitutes sending more than 10MB of data to a newsgroup.
  
  
  • 2.3.1. Sending unsolicited electronic mail (email) messages where the recipient objects to the content of the message or to the receipt of the message in general is also prohibited under this Section.
    
    
  • 2.3.1.1. Subscribers acknowledge that they are expressly prohibited from utilizing US Internet's Service, US Internet's equipment, or any US Internet email address in connection with the sending of the same or substantially similar unsolicited email message, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of US Internet's Service, US Internet's equipment, or any US Internet email address(es).
    
    
  • 2.3.1.2. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public shall not constitute a request or invitation to receive messages.
    
    
  • 2.3.1.3. Subscriber specifically agrees that he/she/it will not utilize US Internet's Service, US Internet's equipment, or any US Internet email address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or 15 or more newsgroups in a single day. A Subscriber responsible for these acts may be terminated at US Internet's discretion. For each day upon which this provision is violated, Subscriber agrees to pay US Internet .00 per day for an unintentional violation of this provision, but where warranted, such as in the case of an accidental transmission, US Internet may waive all or part of the applicable charge. In cases of willful violations of this provision, Subscriber agrees to pay US Internet .00 per day. US Internet at its sole discretion shall determine whether such a violation was unintentional or willful. Payment by member under this provision shall not prevent US Internet from seeking to obtain other legal remedies against member, including other damages or an injunction.
    
    
• 2.4. Revealing your account password to others or allowing use of your account by others (other than authorized users in your household). At no time may there be simultaneous use of the same username and password combination.
  
  
• 2.5. Forging any message header, in part or whole, of any electronic transmission, originating or passing through US Internet's Service.
  
  
• 2.6. Distributing viruses to or from US Internet's Service.
  
  
• 2.7. Use of software or any device that would allow your account to stay logged on while you are not actively using US Internet's Service or use the account for the purpose of operating a server of any type. (See section 3 below).
  
  
• 2.8. Cross-posting advertisements for products, items, or services to ten (10) or more unrelated USENET newsgroups.
  
  
• 2.9. Posting articles to any USENET or other newsgroup, mailing list or similar forum which are off-topic according to the charter or other public statement of the forum.
  
  
• 2.10. Disrupting any newsgroup with frivolous, excessively vulgar, or repetitious postings.
  
  
• 2.11. Posting of binary, or excessively large, unrelated text files to non-binary newsgroups
  that have specifically requested such material not be posted in the group's FAQ (Frequently Asked Questions), charter or other public statement of the forum that such material not be posted.
  
  
• 2.12. Installation of 'auto-responders,' 'cancel-bots,' or similar automated or manual routines which generate excessive amounts of Net traffic, or disrupt Net newsgroups or
  email use by others.
  
  
• 2.13. Engaging in any of the above activities using the service of another provider but channeling such activities through an US Internet account or re-mailer, or using an US Internet account as a mail drop for responses.
  
  

3. Unlimited Service

Subscriber acknowledges that US Internet's Service is intended for periodic, active use of email, user newsgroups, file transfers via FTP, Internet chat, Internet games, browsing the World Wide Web and hosting the websites. Subscriber further agrees not to use the Service on a standby or inactive basis in order to maintain a connection. Pinging is expressly prohibited. Accordingly, US Internet maintains the right to terminate Subscriber's usage of our services following any violation of this policy as determined by US Internet.

4. US Internet Assumes No Liability

US Internet has no practical ability to restrict all conduct, communications, or content which might violate this Policy prior to its transmission on US Internet's systems, nor can US Internet ensure prompt removal of any such communications or content after transmission or posting. Accordingly, US Internet does not assume liability to Subscribers or others for any failure to enforce the terms of this Policy.

5. Revisions to this Policy

US Internet reserves the right to amend, alter, or modify the Policy at any time and in any manner. Any amendment, alteration, or modification is effective thirty (30) days after posting on US Internet's Web site (www.usinter.net).

6. Other Restrictions

As a user of the internet, you are also subject to the acceptable use policies of the sites you visit, as well as our upstream internet providers.