TERMS OF SERVICE Web Hosting Terms and Conditions FSL Net a division of FractalSmiths, LLC. provides World Wide Web page hosting under the domain name http://www.fslnet.net. This page details the terms and conditions of the Web Hosting Services offered by FractalSmiths. AVAILABILITY OF THE SERVICE FractalSmiths has taken every step possible to make sure that your website stays online 24 hours a day 7 days a week and is reachable by everyone that has an Internet connection. Due to the complexly of the global Internet from time to time some of your services may not be reachable to your customers. SERVER USE Accounts are to be used by the primary owner only. Account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads. FractalSmiths reserves the right to refuse service and/or access to its servers to anyone. FractalSmiths do not allow any of the following content to be stored on its servers: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 FractalSmiths.Warez - 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. FractalSmiths reserves the right to suspend or cancel a customer's access to any or all services provided by FractalSmiths when FractalSmiths decides that the account has been inappropriately used or otherwise. RESORUCES USE POLICY FractalSmiths offers specific network bandwidth and disk space for each plan the customer agreed to purchase. In rare cases, FractalSmiths may find a customer to be using server resources (such as CPU and Memory) to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, FractalSmiths reserves the right to impose the High Resource User Policy for the consideration of all customers. HIGH RESOURCE USER POLICY Resources are defined as Network bandwidth, disk space, and/or processor/memory utilization. FractalSmiths may implement the following policy to its sole discretion: When a website is found to be monopolizing the resources available FractalSmiths reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby FractalSmiths continues hosting the website for an additional fee. DATA BACKUP The customer is responsible for undertaking any data back up programs, database, web files or other digital material. SPAM GUIDELINES Unsolicited email (Spam) is considered an unacceptable use of a domain. Whether the unsolicited email originates directly from the clients web space area or otherwise, abuse reports received concerning a domain may result in suspension or closure of the service without refund. PAYMENT POLICIES All accounts are set up on a prepay basis. Although FractalSmiths reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. Payment is due each month following the date the account was established. All payments must be received on or before 5 business days of the monthly cycle date to ensure that no disruption to the service is incurred. FractalSmiths reserves the right to suspend this and other services until any outstanding debt is cleared. FractalSmiths will not be responsible for any data lost due to non-payment closure of an account. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request. Reinstatement of an account is at FractalSmiths' discretion. FractalSmiths reserves the right to charge a reinstatement fee of 10 (ten) US Dollars per account. CANCELLATION AND REFUNDS You may cancel your account at any time with 14 days notice. We may cancel your account if you fail to comply with all the terms of this agreement by giving you 1-day notice. Fees charged on a prepay basis are non-refundable.CUSTOMER SERVICE Our Service hours are Monday through Friday from 9:00 AM to 5:00 PM and via email on Saturday and Sunday. INDEMNIFICATION Customer agrees that it shall defend, indemnify, save and hold FractalSmiths harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against FractalSmiths, 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 FractalSmiths against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with FractalSmiths' 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 FractalSmiths's server. DISCLAIMER FractalSmiths will not be responsible for any damages your business may suffer. FractalSmiths makes no warranties of any kind, expressed or implied for services we provide. FractalSmiths disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by FractalSmiths and its employees. FractalSmiths reserves the right to revise its policies at any time. Litigation This contract is written under the laws of the State Of California, any litigation arising form the service or this agreement will take place in San Diego, California, USA. If any part of the agreement or other terms is ruled unenforceable the remaining parts of the agreement remain in effect.