WEBBEZ is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.

Any purchases & use of WEBBEZ services/products represents acceptance and agreement to Webbez AUP as well as Webbez Terms of Service (TOS).

The use of Webbez services represents acceptance and agreement to Webbez AUP as well as Webbez Terms of Service (TOS).

Customer agrees when using, or accessing WEBBEZ's services that the following terms and conditions of this policy will be met:

Overview

WEBBEZ is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.

Failure to follow any term or condition will be grounds for immediate account deactivation without notice. WEBBEZ will be the sole arbiter as to what constitutes a violation of any of these provisions.

Violation of this AUP may result in the suspension or immediate termination of your Webbez account and/or services

Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.

VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM SERVERSURF.

To report suspected abuses or any violations of these policies, please contact support@webbez.com

WEBBEZ ACCEPTABLE USE POLICY:

The following represent violations of this AUP:

ILLEGAL USAGE

WEBBEZ servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Cracks, Hackers programs or archives, Warez sites, MP3, and IRC bots. Additionally, in purchasing WEBBEZ services, all WEBBEZ customers certify that they and/or the organization they represent in procuring services from WEBBEZ are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

Support of illegal activities is also considered a violation.

The subscriber to WEBBEZ service agrees to indemnify and hold harmless WEBBEZ from any claims resulting from the use of the service that damages the subscriber or any other party.

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

How to report Copyright Violations:

All WEBBEZ customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a WEBBEZ customer (per the DMCA) to Webbez must follow the below procedures. Copyright infringement notifications submitted to Webbez according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Webbez's sole discretion.

Digital Millennium Copyright Act ("DMCA") sets forth the requirements for valid copyright infringement notification. If you would like to notify Webbez of an infringement of your copyright, the DMCA requires that you:

1. Send your notification to support@webbez.com

2. Include in your notification the following information

a) A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant")

b) Identification of the copyrighted work(s) claimed to have been infringed

c) Identification of the material claimed to infringe the copyright(s), and enough information for Webbez to locate it

d) The Claimant's name, address, and telephone number(s)

e) A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent

f) A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner

Fraudulent Activity

Use of Webbez service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters." is in violation of this AUP

Forgery or Impersonation

Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person, property, or website by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not represent impersonation.

Webbez's Intellectual Property

Customers will not, without Webbez's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Webbez's web site, and customers will not use any of Webbez's trademarks, service marks, copyrighted materials, or other intellectual property without Webbez's express written consent. Customers will not, in any way, misrepresent their relationship with Webbez, attempt to pass themselves off as Webbez, or claim that customers are Webbez.

Non-Webbez Products

Any mention of non-Webbez products by Webbez, its employees, or any third party entity related to Webbez is for information purposes only and does not constitute an endorsement or recommendation by Webbez. Webbez disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Webbez products or services.

Disclosure to Law Enforcement

The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Webbez shall have the right to terminate all service set forth in this Agreement.

SECURITY

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Misuse of your account is of your responsibility, even if your friends, family member, guest, or employee committed the activity. Henceforth, you must take actions to ensure that others do not gain access, which you do not approve of, to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure. We are not responsible for misuse of your account due to the authorized distribution of your password.

Sharing your password and account access with unauthorized users is prohibited. You should take precautions to prevent others from using your account since you will be held responsible for such use.

Attempting to obtain another user's account password is strictly prohibited and may result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

Users who violate systems or network security may incur unlawful or civil liability. Webbez will oblige fully with examinations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

1) Unauthorized Access

Use of the Webbez service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Webbez or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Webbez Hosting account is subject to immediate termination.

2) Network

1) Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage").Webbez will monitor Customer's bandwidth and disk usage.Webbez shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Webbez sole and absolute discretion. If Webbez takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

2) System and Network Security: Users are prohibited from violating or attempting to violate the security of Webbez Network. Violations of system or network security may result in civil or criminal liability including a minimum of $500 in fines. Webbez will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

a. Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses and other executables intended to inflict harm).

b. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

c. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

d. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" ,"crashing", port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.

e. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

f. Interfering with or denying service to any user other than the Customer's host (example: denial of service attack or distributed denial of service attack).Engaging in denial of service attacks is prohibited

g. Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.

h. Taking any action in order to obtain services to which such User is not entitled.

i. Deliberate attempts to overload a system and broadcast attacks.

3) Running proxy servers

such as squid or BNC, unless they are available only to users whose verified contact information is known by the proxy operator and can be disclosed to Webbez.com or law enforcement authorities upon request. All usage of such services must be brought to the attention of the Webbez.com security team and cleared by the Security Manager before you begin running such services.

4) IP Allocation / Ownership

Customers shall NOT use IP addresses that were not assigned to them by WEBBEZ staff or network administrators. Any server utilizing IP addresses outside of the assigned range will be suspended from network access until such time as the IP addresses overlap can be corrected. Use of an unauthorized IP address will result in a charge of $50 per IP. Use of an unauthorized IP address creating a third party Customer outage will result in a $500 charge and termination of service until the IP allocation is resolved.

If Webbez assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Webbez, and Customer shall have no right to use that Internet Protocol address except as permitted by Webbez in its sole discretion in connection with the Services, during the term of this Agreement. Webbez shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Webbez, and Webbez reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where nam e-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

Customer shall not knowingly modify any TCP/IP configuration that will conflict, or otherwise disrupt network service by using configurations not allocated to Customer by Provider.Best effort will be taken to maintain permanency of customer's allocated IP address, however Provider reserves the right to change customer's underlying IP network address during upgrades, security provisioning, or any other network migration service.

5) Ownership of Web Site

The legal owner of customers' web sites and accounts with WEBBEZ will be the individual or organization whose name is listed in Webbez's database as the owner. Customers will fully cooperate with and abide by any and all of Webbez's security measures and procedures in the event of any dispute over ownership of customers' web sites and accounts with Webbez.

6) SSH/Telnet Access

SSH & Telnet access to our server is not granted . We do not give this access due to security reasons. You will need to have your own VPS or dedicated server to have root SHH/Telnet access.

phpshell / cgitelnet scripts, like scripts are not allowed at all, for any reason on our servers. Any website found with this script installed will be immeidately terminated. Webbez reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

EMAIL POLICY

1) UCE (Unsolicited Commerce / Bulk Email) - SPAM

Spamming, or the sending of mass unsolicited email, from or through a WEBBEZ server or using an email address that is maintained on WEBBEZ machine is STRICTLY prohibited. WEBBEZ will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a WEBBEZ server as a maildrop for responses, you are in violation. Violators will be assessed a minimum of $200.00 fine and will face an immediate suspension without warning. Do not advertise or put our link on any site that is promoted in any way related to unsolicited email, ICQ or IRC spams, or newsgroup postings. Opt-in email newsletters require pre-approval. Please be aware, MRG lists is not acceptable, as well as, any other program that hides the sender email address. We terminate sites without notification when any of these types of programs are discovered.

We also monitor "Bulk E-mail". Any mailing over 500 messages must be pre-approved. In addition, any email account sending over 500 messages per day will be considered "Bulk". There are some arrangements that can be made to accommodate a user with a large list which includes extra fees and special mail scheduling software. There is a limit of 250 email per hour that each domain can send out through SMTP. Webbez reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

2) Mass Mailings:

Webbez has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. v

3) Mailing Lists:

Webbez mass mailing rules also apply to mailing lists, list services, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

If your actions have caused Webbez mail servers or Webbez IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $500 charge to your account and $250 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

Violation of the above terms will result in one or all of the following:

* A warning from via email or phone.

* Removal of DNS for the advertised / originating site.

* Temporary shutdown of account or a block on outgoing mail.

* IP address routing to null.

* Repeat violation of the above terms will result in the following actions.

* Immediate disconnection of service with no re-activation.

* $500 fee assessed to your account for violation.

4) Usenet SPAMing:

Webbez has a zero tolerance policy for the use of its servers for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

5) E-mail / News Bombing:

Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Webbez account.v

6) E-mail / Message Forging:

Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Webbez service is in violation of this AUP.

SERVER RESOURCE ABUSE

Webbez allows CGI, PHP, Perl and many other normal processes used for hosting to be used on all Servers. These processes can be resource intensive however, and because server must be shared with other users, we must limit how much of the CPU, memory, disk I/O, disk space and database use can be used by any one account on a shared server. Therefore any program (application, script, etc.) or usage that consumes too many resources that impacts other customers in either performance or reliability is considered resource abuse.

Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. Webbez Hosting reserves the right to terminate or limit such activities. WEBBEZ will be the sole arbiter of what is considered to be a high server usage level.

What does Webbez consider "System Resource ABUSE"?

Any site whose traffic, programs and/or processes are using excessive amounts of system resources. Excessive amounts is defined as any amount that results in substantial degradation of server performance. Webbez the sole determinant of what constitutes degraded server performance.

Examples include, but are not limited to:

* Flat File Database Driven Forums

Due to their use of flat files instead of databases, Webbez does not allow the use of , UBB or YABB, Invision Power bulletin boards. Use of these boards for large or very active forums, results in system performance degradation, and cannot be allowed in our shared server environment. Webbez suggests using VBulletin or phpBB as a more efficient, database-driven alternative to these bulletin boards. Busy sites with large forums and data bases are not suited to a shared server environment.

* Background Running Processes

Background Daemons in general are prohibited on Webbez servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation.

* Cron Jobs

We allow customers to set up cron jobs to perform routine functions automatically. Due to the impact on the server, running some automated processes can take up considerable server resources and in those cases, our technicians may disable the cron job.

* Mailing Lists

We have a strict policy regarding use/spam on our network, but we do allow use of mailing lists within the constraints of our spam policy. However, sending thousands of e-mails off of a given server can impact the performance of the server. Therefore we limit the amount of e-mail allowed on our Shared Virtual Servers (including the Bulk Reseller servers) to no more than 500 e-mails per day and 250 emails per hour.

* Exploitable Scripts

Unfortunately, many commonly used scripts can be exploited to allow unauthorized users into our systems. Consequently we may on occasion need to ban and consequently disable these scripts. You can view the most current exploits on our banned-scripts section.v

* Other

Other resource intensive scripts (depending on traffic) include but not limited to:

adcycle
Other applications that are prohibited on our servers include but are not limited to:

offsite search engines
All accounts that are found to be using excessive amounts of system resources will receive an e-mail warning from Webbez. This warning will inform you that the site is using excessive system resources. Webbez will provide options for reducing the usage and/or upgrading your account. If the situation is severe, we may suspend the account or process immediately to bring performance of the server back to an acceptable level without prior notice nor warning.

SCRIPT USAGE POLICY (CGI/PHP/ASP)

Webbez provides clients with Web Hosting accounts that permit the use of CGI files, PHP scripts, and other executable programs. Because these scripts use much more system resources than standard HTML pages, certain restrictions must be made governing the use of such "active content" systems. We regret that in many cases we are unable to determine what specific script or application is causing the system resource over-run. Under most circumstances, we are able to pin-point it to the offending account on the system. The following rules apply to all "active content" files as listed above:

1) The script must use low system resources. Scripts that consume a large amount of our RAM or processor will be subject to immediate suspension until the owner can be notified and an alternative solution is reached.

2) Each user account may not use more than 15% of system resources at any given time. If an account is consistently using 15% or greater system resources, the account holder will be warned and if no action is taken on behalf of the account holder the account may be suspended.

3) The scripts may not interact with any server configuration or hardware. Accounts running these scripts are subject to immediate account termination without refund.

4) The script can not be used or referenced from any other site not hosted by Webbez.com

5) The script must execute in a timely fashion. Any script that uses the processor for more than a few milliseconds is subject to removal.

6) Any script that appears to be designed specifically to attack or otherwise maliciously affect the server is completely unacceptable, and if such scripts are found in your account the account will be terminated immediately and your actions will be reported to the proper local, state, and federal authorities and legal action will be taken to prosecute the account holder to the fullest extent of the law by Webbez.

7) Perl-based chat room scripts are strictly prohibited.

8) Scripts that require high-bandwidth usage, such as non-Perl chat room scripts or banner rotation scripts, are not allowed on our servers.

9) Scripts must be kept secure. Unnecessary chmoding scripts to 777 is a violation of this policy. Keeping scripts in a publicly viewable directory (one without a index.html file) is also in violation of this policy. NOTE: If a script will NOT execute with a permission other than 777 (rarely the case) you may contact customer care to get approval for the script which will be given under most circumstances.

The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

Matt Wright's formmail (1.91 and previous)- other options
IRC egg drops
Proxy servers
Mail bombers
Anonymous mailers
IP spoofers
Port scanners
nph-proxy
UBB (Ultimate Bulletin Board, all versions)
Ikonboard, Yabb (all versions)
lstmrge.cgi

Any accounts with scripts found in violation of these policies are subject to future scrutiny of all CGI, Perl, CFM, ASP, and PHP scripts by our System Administrators. If a script is found to be harmful to the system, it will be killed immediately and the account locked down until the account owners have been contacted. Malicious scripts are subject to immediate account termination without refund of any pre-paid monies.

Webbez does not permit CGI script sharing with domains not hosted by Webbez or any scripts that may be abused for UCE purposes. Any cgi-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice.

Chat Rooms

WEBBEZ does not allow clients to install their own chat rooms, chat bots or chat servers. Chat rooms tend to be large system hogs and we cannot permit it as an account option. WEBBEZ does provide a choice of chatrooms which should meet most users' needs and run without hindering the performance of the machine of our servers.

Gaming Sites

Gaming /clan sites and/or related are prohibited on Webbez servers, including, but not limited to, high bandwidth online gaming sites,mini group clan sites and any other program that interferes with normal server operation.

Background Running Programs and Cron Jobs

WEBBEZ does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.

IRC

WEBBEZ does not allow IRC or IRC bots, chat bots to be operated by Web Hosting and Reseller customers. If an IRC program or bot is discovered, immediate termination will result without warning. The following processes are illegal on our servers and will be killed automatically: BitchX, bnc, eggdrop, guardservices, ircd, psyBNC, ptlink, or like services.

Multimedia Files

Multimedia files are defined as any audio and/or video files. Webbez Web Hosting and Reseller accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.

Unlimited /unmetered Accounts

Unlimited/unmetered accounts may not to be used to host a collection of MP3's, Video & Audio Streaming (see "Multimedia Files"), Warez, ISO files or to backup your computer or another source. Image files i.e jpeg, gifs, png, etc and compressed Files with extensions like, .zip, .tar, etc are permitted. HTML, PHP, Dynamic Flash, Ecommerce websites and general scripts as per 'SCRIPT USAGE POLICY (CGI/PHP/ASP)' are allowed. All content stored on an unlimited account must be directly used on the Internet by the website associated with that account. These accounts may not be used as a download distribution point for your software or media. They are to be used for standard web practices only. This means that all content stored on an unlimited account must be used for "normal" website use.

Databases

Any database stored on Webbez's Web Hosting and Reseller servers will be limited in size to 20% of the total disk space allotted for that particular domain's plan/web hosting account.

Backups of data

Except where WEBBEZ has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and WEBBEZZ is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with WEBBEZ services. However WEBBEZ is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existant backups. The backups we do is for our internal usage.

Domain Names

WEBBEZ will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. WEBBEZ.com does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk.

Adult Content

Due to special system and network requirements of adult oriented sites, pornography and sex-related merchandising are prohibited for its virtual and bulk reseller server users, including but not limited to direct customers, resellers and resold accounts. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.

What does Webbez consider "Adult Material"?

* Any site whose revenue is gained in part or whole from its adult content.

* Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.

* Hyperlinks to adult sites, including but not limited to sites who violate these policies.

* Sites that have discussion boards and share information that is 'adult' in nature.

* Sites that sell or promote 'adult' material, including but not limited to adult toys.

Webbez reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order. Please email support@webbez.com for review of your content and/or site.

Child Pornography

The use of WEBBEZ's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. WEBBEZ is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Webbez will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over Webbez network, and will be liable for illegal material posted by their clients.

According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Accounts found hosting child pornography will be subject to immediate cancellation without refund.

In summary, the following are STRICTLY NOT PERMITTED on our servers:

* SPAM/UCE, IRC Bots/programs/scrips

* Hosting "spam-friendly" Web sites, including spam software sites.

* Abuse of Scripts or System Resources

* Background Daemons such as IRC bots; eggdrop; BitchX; XiRCON.

* Malicious scripts e.g Anonymous mailers , IP spoofers , Port scanners UBB (Ultimate Bulletin Board, all versions) ,Ikonboard, Yabb (all versions) , lstmrge.cgi

* Perl-based and cgi forums scripts

* Adult Contents, child Pornography and sex-related merchandising

* Gambling Sites and/or related in gambling.

* Gaming /clan sites and/or related.

* Warez, Hacking/Cracking, MP3, ISO, MOVIES files (including links to/from)

* Pirated software sites.

* "Hate sites" or content that could be reasonably considered as slanderous or libelous.

Minimum Age Requirement

Webbez customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept Webbez's AUP & TOS in order for the Minor to become a Webbez customer. A parent or guardian who accepts Webbez's AUP & TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the AUP & TOS, including the timely and full payment of the charges for Webbez services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Webbez's express written consent to the contrary. Any acceptance of the TOS and AUP or any other agreement for Serversurf's services will be deemed null and void to the extent that Serversurf will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of Webbez's services.

Client Responsibility

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of WEBBEZ's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of WEBBEZ to provide this knowledge or support outside matter specific to WEBBEZ servers.

Reseller Accounts

WEBBEZ does not offer any direct support to our reseller's customers, that is the sole responsibility of the reseller. If you are unable to resolve their support issues, or it is beyond the scope of account privileges please submit a trouble ticket to our support desk. You, the reseller, your customers or clients, and any account which is hosted under your reseller account must abide by Webbez's AUP as well as Webbez Terms of Service (TOS).

Actions Taken by WEBBEZ

The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. WEBBEZ will be the sole arbiter as to what constitutes a violation of the AUP. WEBBEZ reserves the right to remove any account without prior notice and to refuse service to anyone at any time.

When WEBBEZ becomes aware of an alleged violation of its AUP, WEBBEZ will initiate an investigation. During the investigation, WEBBEZ may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, WEBBEZ may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense,WEBBEZ will notify the appropriate law enforcement authorities of such violation.

WEBBEZ does not issue credits for outages incurred through service disablement resulting from AUP violations.

Indemnification

Webbez wishes to emphasize that in agreeing to Webbez Acceptable Use Policy (AUP) and Terms of Service (ToS), you as a customer agree to protect, defend, hold harmless, and indemnify WEBBEZ, any third party entity related to WEBBEZ (including, without limitation, third party vendors), and WEBBEZ's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as WEBBEZ, from and against any and all liabilities, losses, costs, judgments, damages, claims, obligations, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of WEBBEZ's services.

Disclaimer

The Webbez service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Webbez expressly disclaims any representation or warranty that the Webbez service will be error-free, secure or uninterrupted. Webbez SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT. No oral advice or written information given by Webbez, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Webbez and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL WEBBEZ (INCLUDING, WITHOUT LIMITATION,WEBBEZ's EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS WEBBEZ, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING WEBBEZ's SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICES, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE SINCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR WEBBEZ SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY WEBBEZ SERVICES EVEN IF WEBBEZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WEBBEZ's TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR WEBBEZ's SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY WEBBEZ OR WEBBEZ's REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

MODIFICATIONS. WEBBEZ reserves the right to revise, amend, or modify this AUP, our TOS and our other policies and agreements at any time without notice

WEBBEZ may discontinue, upgrade, replace, modify, or change in any way, without limitation or notification to customers, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Webbez's services. Certain changes to Webbez's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Webbez is not liable, for any and all such personalized applications and content, except as expressly agreed to by Webbez