Local Surfer Web Hosting Policies

LocalSurfer.com provides World Wide Web page hosting and Electronic Mail services. LocalSurfer.com's general policy is to act as a provider of hosting services to the global Internet. LocalSurfer.com reserves the right to suspend or cancel a customer's access to any or all services provided by LocalSurfer.com when LocalSurfer.com decides that the account has been inappropriately used. LocalSurfer.com also adheres to and enforces the Acceptable Use Policies created for Usenet and the Internet as a whole.

LAWFUL PURPOSE

LocalSurfer.com reserves the right to refuse service to anyone. Customers may only use LocalSurfer.com's servers and network for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of LocalSurfer.com management.

SPECIFIC ACCEPTABLE USE POLICIES

UNAUTHORIZED USE

LocalSurfer.com will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning, etc.

Any unauthorized use of accounts or computers by a LocalSurfer.com customer, whether or not the attacked account or computer belongs to LocalSurfer.com, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack.

ZERO TOLERANCE

LocalSurfer.com's policy concerning unsolicited email and cross-posting to Usenet newsgroups is immediate cancellation. If you engage in any of these activities on our network, your services will be terminated immediately, with no prior notice, and no refunds for unused portions of service will be granted.

This policy has been developed not as a limit to network traffic, but as an issue of Internet etiquette.

SERVER USE (The Following section refers to LocalSurfer.com Web Accounts only)

Web sites are to be used by the primary owner only. Customers are not permitted to subhost including reselling, storing, or giving away web hosting services off of their web site to other parties. Subhosting is defined as allowing a separate, third party to host content on the owner's web site. Exceptions include ad banners, classified ads, and personal ads.

Domain pointers are to be used for the purpose of having more than one way to find the same site, not for the purpose of sharing an account among multiple sites. Domain pointers are not to be used as a substitute for purchasing separate accounts.

LocalSurfer.com reserves the right to refuse service and /or access to its servers to anyone.

LocalSurfer.com expressly forbids any server use for distribution, storing, processing, linking to or otherwise handling in any way the following:

Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation. Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of LocalSurfer.com. Warez, et. al. - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

UNLIMITED USE POLICY (The Following section refers to LocalSurfer.com Web Accounts only)

All content on LocalSurfer.com servers must be related directly to and linkable from your web site. LocalSurfer.com disk space is not to be used for storage or backups of any kind.

Archiving software and/or creating backup web sites on LocalSurfer.com servers is not permitted.

PAYMENT POLICIES

All accounts are set up on a prepaid basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of prepayment. LocalSurfer.com reserves the right to change prices at any time. Any cancellations or modifications in services included in a Special invalidates the Special price. Payment is due each anniversary month or period following the date the account was established. Credit card orders that are on a 'month-to-month', 'quarterly' and 'yearly' basis will be charged automatically to the card number on file. If for any reason the card does not clear with the bank on three attempts, the account is subject to suspension. Any account not brought current within a week of e-mail notice or exceeding this time frame in any way is subject to suspension. Service fees will accrue during any period of suspension. No bills or invoices will be sent by regular mail. Invoices for those customers who pay by check will be sent via e-mail 3-4 weeks before payment is due. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies LocalSurfer.com in writing of a request for termination of services. Checks returned unpaid (NSF) will be assessed a $25 charge. All payments are in U.S. currency.

CANCELLATION

LocalSurfer.com reserves the right to cancel service at any time. All fees paid in advance of cancellation will be prorated and paid by LocalSurfer.com if LocalSurfer.com institutes its right of cancellation. If cancellation is caused by customers violation of these policies, then no refund is due.

INDEMNIFICATION

Customer agrees that it shall defend, indemnify, save and hold LocalSurfer.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against LocalSurfer.com, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless LocalSurfer.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with LocalSurfer.com's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from LocalSurfer.com's server.

DISCLAIMER

LocalSurfer.com will not be responsible for any damages customers or their enterprises may suffer. LocalSurfer.com makes no warranties of any kind, expressed or implied for services we provide. LocalSurfer.com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by LocalSurfer.com and its employees. LocalSurfer.com reserves the right to revise its policies at any time.

Last modified January, 2001