Coolnet, Inc. Acceptable Use Policy and Hosting Agreement

Coolnet, Inc. {hereto referred to as "Coolnet"} provides Internet World Wide Web page hosting. "Coolnet" has certain legal and ethical responsibilities related to the use of its server and equipment involved in these services. Coolnet's general policy is to act as a provider of Internet presence. "Coolnet" reserves the right to suspend or cancel a customer's access to any or all services provided by Coolnet, Inc when we decide that the account has been inappropriately used, or for nonpayment of any monies due or unpaid account balances.

Any attempt to undermine or cause harm to a server, or customer, of "Coolnet" is strictly prohibited.

"Coolnet" will strongly react to any unauthorized use or attempt of use of other people's accounts or computers without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

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

IMPORTANT NOTE - "Coolnet" has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, illegal content, copyright infringement, trademark infringement, wares, cracks, software serial numbers, and/or anything else determined by "Coolnet" to be unacceptable use of the "Coolnet"services including abuse of server resources.

All hosting accounts may be terminated that include the following content or which have links to the following content:

•  Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.
  
  
•  Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
  
  
•  Displaying material that exploits children under 18 years of age.
  
  
•  Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

Pornographic content is prohibited. Period. The End.

"Coolnet" currently provides their customers traffic for their websites. The intention of "Coolnet" is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on a "Coolnet" server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of "Coolnet" management. Any customer who violates the "Coolnet" Acceptable Use Policies in abusing either space/site transfer will be notified and temporarily suspended. If the problem is not resolved within the allotted period, the client will be billed for the overages*. *See the Overages section.

To maintain the integrity of our shared hosting service the following limitations apply:

Sites with banners, graphics or cgi scripts running from their domain used on other domains. Sites with picture galleries (This is any site where 50% of the files transferred is graphics) Sites offering download files or archives. (This is any site where 50% or more of there monthly traffic is from file downloads). Sites using more than 30% of system resources for longer than 60 seconds. Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3). Sites that are used predominantly as online forums or BBS's and have no other static content.

Traffic will go unmonitored until you reach 10 GB per month. Thereafter, normal data transfer cost of US$30.00/1GB/month will be billed to your account. If you want to pre-pay for bandwidth overages, you will be billed US$20.00/1GB/month. If you have not pre-paid you agree your credit card will automatically be charged for all overages. If "Coolnet" is unable to charge your credit card your hosting account will be suspended until pending your payment of all outstanding charges.

"Coolnet" will be the sole arbiter as to what constitutes a violation of this provision.

Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation. "Coolnet" takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.

The following activities are not allowed:

•   Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
  
  
•  Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
  
  
•  Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").
  
  
•  Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
  
  
•  Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
  
  
•  Providing spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware is strictly prohibited and subject to demand for removal or account cancellation.

Note: If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a web site hosted by or through "Coolnet" (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.

Each shared Unix web hosting account comes with its own cgi-bin, in which you are free to use any* CGI scripts you wish. All CGI scripts (Perl scripts with a .pl or .cgi extension) intended for use on shared Windows 2000 web hosting accounts are subject to approval by our NT Administrators.

*See the Server Resource Abuse section.

Shared server accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning.

We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the "Coolnet" Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. There are several chatrooms included with your account.

We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day please contact 2support@coolnet.net for assistance.

We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (this section does not apply to managed dedicated servers)

We currently do not allow IRC clients or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination. Payment Policies

All accounts are set up on a pre-pay 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 pre-payment. "Coolnet" reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies "Coolnet" at admin."Coolnet" to request for termination of services. All payment is in U.S. currency. "Coolnet" will bill each client US$50.00 per returned check and per credit card chargeback received. All "Coolnet" accounts are setup on anniversary billing cycles. Your account will automatically renew for the next three months. Any account that is not brought current prior to deactivation will be charged a reactivation fee (depends on the hosting package) per domain deactivated.

Material accessible to you through "Coolnet" services may be subject to protection under copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use "Coolnet" or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the "Coolnet" network. If you use a domain name in connection with "Coolnet" or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Customers may not use the "Coolnet" network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. "Coolnet" will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.

You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

You expressly grant to "Coolnet" a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by "Coolnet" under this Agreement and agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

"Coolnet" reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses assigned to your hosting.

The merchant name shown on your credit card statement will be Coolnet Internet Svcs. Inc.

Non-Refundable Fees

If your hosting account has been setup, we will not be able to grant you any refund of your setup fee. Once provided, the hosting set-up fee is non-refundable. Please also note, that all monthly fees are charged on a quarterly basis and in advance.

DIGITAL MILLENNIUM COPYRIGHT ACT

Notice and Procedure for Making Claims of Copyright Infringement

All notifications of claimed copyright infringement on the "Coolnet" system or Web site should be sent ONLY to our Designated Agent.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING "Coolnet" THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

Written notification must be submitted to the following Designated Agent:

"Coolnet" at the following email address: 2support@coolnet.net, or for customers within the US: 1-215-330-3200. Notification of Claimed Infringement must include the following:

1.  Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
   
   
2.  Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
   
   
3.  Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page).
   
   
4.  Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
   
   
5.  Statement that the complaining party has "a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law."
   
   
6.  Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

"Coolnet" reserves the right to refuse service to anyone. Customers may only use "Coolnet" server 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 "Coolnet" management. IN NO EVENT SHALL "Coolnet"'S MAXIMUM LIABILITY EXCEED TWO HUNDRED ($200.00) DOLLARS.

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD "Coolnet" HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST "Coolnet", ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLO YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS "Coolnet" AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH A "Coolnet" SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT; (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM "Coolnet" SERVER; and (5) ANY CLAIMS OR RIGHTS TO MONETARY CONPENSATION FOR REGARDING ACCESSABILITY TO WEB SITE WHETHER PRIVATE OF PUBLIC.

The Internet is a series of computers commected together by various and changing routes and protocols.

"Coolnet" WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. "Coolnet" MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. "Coolnet" DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY "Coolnet" AND ITS EMPLOYEES. "Coolnet" RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF "Coolnet" MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION. "Coolnet" RESERVES THE RIGHT TO SUSPEND OF CANCEL ANY ACCOUNT UTILIZING ANY OF IT'S SERVICES FOR NONPAYMENT.