Hosting Pros Acceptable Uses Policy and Service Guidelines NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows: 1. SERVICE DESCRIPTION: As a World Wide Web service, Hosting Pros provides access to dedicated server computers which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web. Customer wishes to connect to the World Wide Web utilizing the resources of Hosting Pros to establish an Internet web presence. 2. WARRANTIES: With respect to the service to be provided herein, the Customer acknowledges that Hosting Pros makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that Hosting Pros shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions. 3. INFORMATION: The utilization of any data or information received by the Customer from the utilization of the service to be provided by Hosting Pros is at the Customer's sole and absolute risk. Hosting Pros specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby. 4. DOMAIN NAME: If Hosting Pros shall acquire an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against Hosting Pros, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by Hosting Pros for any reason. 5. UNILATERAL SERVICE REVOCATION: In the event that Hosting Pros at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, Hosting Pros may immediately discontinue such service to the Customer without liability. Hosting Pros strictly prohibits any of the following, as stated in sections 5a, 5b, 5c, 5d, and 5e of this Agreement, in combination or sole action and is in direct violation of this Agreement. Hosting Pros has the right to immediately terminate all services in the event of a violation of the Acceptable Use policy located at www.Hosting Pros.net/policy.shtml has the right to terminate or reject any offer of hosting for any reason, at any time and without prior notice. Hosting Pros has the right to immediately terminate all services, without any due refunds, and collect any damages caused as a result of any violations, as indicated in this Agreement including but not limited to the following: (a). Transmitting directly or indirectly any single or mass quantity of unsolicited electronic mail (email) through Hosting Pros or any network or references Subscriber's account. (b). Transmitting any electronic mail (email) or data which is deceptive or misleading, illegal, or misrepresents products or services for sale, through Hosting Pros or any network or references Subscriber's account. (c). Transmitting any electronic mail (email) which contains forged source or "From" identification in any header(s) whatsoever through Hosting Pros or any network or references Subscriber's account. All electronic mail (email) transmitted whether through Hosting Pros or any network or references Subscriber's account must contain Subscriber's authorized, valid, and reachable electronic mail (email) address as provided by Hosting Pros or any network for which Subscriber is an authorized user thereof. In the event that service disruptions occur on Hosting Pros, including but not limited to internet connectivity interruptions, Subscriber must refrain from transmitting any electronic mail (email) which contains any and all electronic mail (email) address as provided by Hosting Pros, whether through Hosting Pros or any network or references Subscriber's account. (d). Accessing or transmitting any electronic mail (email) through any SMTP port (email server) of Hosting Pros or any network for which Subscriber is not authorized to have direct or indirect access. 6. INDEMNIFICATION: The Customer shall indemnify and hold harmless Hosting Pros from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against Hosting Pros on the grounds that the web space content violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous. 7. CHANGES IN TERMS OF AGREEMENT: Hosting Pros reserves the right to make changes to the terms and conditions of this Agreement upon thirty (30) days notice to the Customer, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s). Hosting Pros may also refuse to offer service without notice to any present or future persons/company that currently has or applies for a server account. This also includes if Hosting Pros feel the site inappropriate due to, but not limited to, nudity, profanity, violation of the Acceptable Use Policy (http://www.Hosting Pros.net/policy.shtml) or general misuses of the server assigned at the time agreement is entered into or for any reason discontinues to offer services. 8. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the application for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement. 9. GOVERNING LAW: In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto. Hosting Pros Does Not Host Adult Oriented Sites Hosting Pros's Server Does Not Allow Sending of Unsolicited Email (SPAM) First offense will result in immediate termination of account. If this occurs, the unused portion of your account will NOT BE refunded. Hosting Pros reserves the right to cancel your service with NO refunds should either of the above occur.