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This agreement represents the complete agreement and understanding between hostsiam and Client and supersedes any other written or oral agreement. Upon notice published on-line via hostsiam, hostsiam may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered.

1. hostsiam makes absolutely no warranties whatsoever, expressed or implied, for the service it is providing. hostsiam also disclaims any warranty of merchantability or fitness for a particular purpose. hostsiam shall not be liable to Client or any of its customers for any claims or damages which may be suffered by Client or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non deliveries, or service interruptions whether or not caused by the fault or negligence of hostsiam.

2. This service may be used only for lawful purposes. Transmission of any material in violation of any foreign, municipal, state, county or federal statute or regulation is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. hostsiam may, at its sole discretion, immediately discontinue such service to Client, without any liability other than for the refund of unearned prepaid service fees. Client must notify hostsiam in writing to cancel service. Fees for setup are not refundable. Client agrees to indemnify and hold harmless hostsiam from and against any and all claims, actions, causes of actions, administrative or government action, losses or damages (including legal fees and expenses) arising from the usage by Client.

3. The use of any data or information received by Client or its customers from the utilization of the service to be provided by hostsiam is at Client and its customer's sole and absolute risk. hostsiam specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.

4. Client shall ensure that its use of hostsiam network services shall not disrupt hostsiam, its associated networks or equipment forming part of the systems. Clients shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law and regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast", or otherwise sent on an intrusive basis to any hostsiam user or to any directly or indirectly attached network. Use of hostsiam connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by hostsiam shall be considered a breach of this Policy and may result in cancellation of service.

5. Client has no authority, apparent or otherwise, to contract for, or on behalf of hostsiam, or in any other way legally bind hostsiam in any fashion, nor shall Client be authorized to make any representations about hostsiam or its services other than to reiterate to its customers hostsiam responsibilities as outlined in this agreement.

6. hostsiam reserves the right to make changes to the above terms and conditions of this agreement upon sixty (60) days written notice to Client, advising of the change and the effective date thereof. Changes in monthly service fees shall become effective only at the end of any calendar quarter for which Client has prepaid for the respective quarter. Utilization of the service by Client and/or its customers following the effective date of such change shall constitute acceptance by Client of such change(s) in terms.


General Information

The Internet is a voluntary association of users interested in and willing to exchange information and data with other Internet users. At present there is no oversight group providing governance over the principles, policies or procedures for use of the Internet or the information and data accessed via the Internet.

In order to facilitate their contractual relationship the Customer and hostsiam wish to define a working protocol of principles and policies and establish operating guidelines and acceptable standards of use of the Internet.

To this end the parties agree as follows:

Principles Governing Acceptable use of the Internet by the Customer

Responsibility and Respect - The Internet is a network intended for use by mature, adult users. The Customer recognizes this principle and undertakes at all times to act with respect, courtesy and responsibility, giving due regard to the interests and rights of other Internet user groups. This general guideline carries with it the following specific responsibilities:

a) Knowledge of the Internet - The Customer agrees to obtain a basic knowledge of the Internet and its operating principles and procedures.

b) Improper Uses - Zero tolerance policy in effect. UCE Abusers will be suspended without warning pending review.The Customer will avoid violation of certain generally accepted guidelines on Internet usage such as restrictions on mass mailings, mass advertisements, pirating or copying of software, mail bombing or other methods of attempting to deny service or access to other users, and attempts to violate security.

c) Compliance with Laws - The Customer will ensure that its use of the Internet complies with all applicable federal, state and local law and regulation, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortuous interference, and export of technical or military data to prohibited countries.

d) Validation of Information - The Customer is responsible for validating the integrity of the information and data it receives or transmits over the Internet.

e) Security - The Customer is required to protect the security of its Internet account and usage. The Customer(s) password will be treated as private and confidential and not disclosed to or shared with any third parties.

f) Discretion and Judgment - The Customer is expected to use discretion in the treatment and handling of Internet information and data and to take particular care to insure that adult information is not transmitted to juvenile users of the Internet.

g) Pornography - Due to legal and social issues, we will not accept any new customers who publish pornographic images. If an existing customer publishes pornographic images, hostsiam may issue a warning and/or suspend your account.

h) Excessive CPU usage's - Customers will not be allowed to use excessive amounts of CPU processing on any of our servers or face immediate suspension. For example: 1) a few customers have tried re-selling our counters or auto-responders to the rest of the world which caused an excessive amount of requests on our server(s). 2) email bombs. 3) re-selling CGI access to other 3rd parties.


     
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Saturday, November 22, 2008

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