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SUBSCRIBER ACCESS
TERMS AND CONDITIONS

This Policy represents PORTERFIELD.net Acceptable Use Policy ("Policy") applicable to the Customers of PORTERFIELD.net and supersedes any other written or oral Policy. Upon notice published on-line via PORTERFIELD.net's web page PORTERFIELD.net may modify the Policy, amplify the Policy, as well as discontinue or change services offered.

PORTERFIELD.net reserves the right to revise this Policy at any time. Customer may view the most up-to-date version of this policy at any time at http://www.PORTERFIELD.net/policy.html

By using any of the services offered by PORTERFIELD.net, Customer is bound by and must comply with this Policy in its entirety. Violations of the guidelines, delineated below, will result in cancellation of the Customer account or such other action as PORTERFIELD.net, in its sole discretion, may deem appropriate.

I. SYSTEM AND NETWORK SECURITY

1. Customer may not tamper with other accounts, or commit unauthorized intrusion into any part of PORTERFIELD.net's system, or use any of PORTERFIELD.net's machines, files, accounts, networks to intrude without authorization into any other system.

2. Customer may not use PORTERFIELD.net services not included in Customer’s account, or devise ways to circumvent security in order to access services Customer is not paying for.

3. Customer may not use the system in a manner that encumbers disk space, processors or other system resources beyond those allowed by the specific type of account. Customer may not make deliberate attempts to interfere with a service, overload a service or attempt to disable a host.

II. EMAIL

1. Customers may not continue to send commercial e-mail to a recipient if recipient has requested that Customer discontinue such communication.

2. PORTERFIELD.net prohibits the transmission of e-mail that is harassing, libelous, defamatory, legally obscene or pornographic, threatening, abusive or hateful to non-consenting recipients.

3. Customers may not forge header information.

4. PORTERFIELD.net prohibits the use of Customer's account, or network connection, to collect replies of messages sent from any another provider that violates the rules of this Policy or those of the originating provider.

5. PORTERFIELD.net prohibits the use of and reserves the right to cancel any customer account, which promotes its business by means of spamming, using either PORTERFIELD.net's or other ISPs networks.

III. BILLING

1. All announced prices are in US Dollars.

2. Billing is monthly, quarterly, semi-annually, or annually.

IV. GENERAL

1. Web site hosting and all other services provided to the Customer by PORTERFIELD.net may only be used for lawful purposes. Customer will use the web hosting services in a manner consistent with any and all applicable laws of the states of California and North Carolina, and the United States of America federal government.

2. PORTERFIELD.net reserves the right, in its sole discretion, to deactivate the Customer's web hosting account(s) upon an indication of credit problems including delinquent payments.

3. PORTERFIELD.net hosting service is provided on an "as is, as available" basis. PORTERFIELD.net gives no warranty, expressed or implied, for the web hosting services provided, including, without limitation, warranty of merchantability and warranty of fitness for a particular purpose. This no warranty expressly includes any reimbursement for losses of income due to disruption of service by PORTERFIELD.net or its providers beyond the fees paid by Customer to PORTERFIELD.net for services.

4. PORTERFIELD.net is not responsible for any damages arising from Customer's use of PORTERFIELD.net or by Customer's inability to use the web hosting services for any reason.

5. While PORTERFIELD.net shall make every reasonable effort to protect and backup data for Customer on a regular basis, PORTERFIELD.net is not responsible for Customer's files residing on PORTERFIELD.net servers. Customer is solely responsible for independent backup of data stored on PORTERFIELD.net servers.

6. Customer hereby agrees that any material submitted for publication on PORTERFIELD.net through Customer's account(s) will not contain anything leading to an abusive or unethical use of the web hosting product(s) or the host server(s). Abusive and unethical materials and uses include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, and any harassing and harmful materials or uses. Customer hereby agrees to indemnify and hold harmless PORTERFIELD.net from any claim resulting from your publication of materials or your use of those materials. PORTERFIELD.net may or may not give notice before deactivating the use of an account(s) which PORTERFIELD.net decides is an abusive or unethical use of the web hosting account(s) or host server(s).

7. Due to the public nature of the Internet, all information should be considered publicly accessible and important or private information should be treated carefully. PORTERFIELD.net is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network PORTERFIELD.net or its customers may utilize.

8. PORTERFIELD.net maintains control and any ownership of any and all I.P. Numbers and addresses that may be assigned to Customer and reserves in its sole discretion the right to change or remove any and all I.P. numbers and addresses.

9. Use of any information obtained via PORTERFIELD.net is at your own risk. PORTERFIELD.net specifically denies any responsibility for the accuracy or quality of information obtained through its services.

10. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.

11. If PORTERFIELD.net cancels Customer's account for any reason, Customer agrees not to reregister without PORTERFIELD.net's written consent. In the event Customer reregisters without PORTERFIELD.net's prior written consent, PORTERFIELD.net will cancel Customer's account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts owed in arrears will be made due and payable immediately.

12. PORTERFIELD.net requires that Customer is qualified to contract. PORTERFIELD.net cannot accept payments from persons who are not at least eighteen (18) years of age. Customer will be held responsible for keeping all billing data for PORTERFIELD.net accurate and up to date. False data supplied for the contract between PORTERFIELD.net and Customer will be grounds for account termination.

13. The Customer agrees to defend, hold harmless, and expeditiously indemnify PORTERFIELD.net from any and all liability, claim, loss, damage or expense arising out of Customer's breach or violation of any covenant contained in this Policy, or resulting from the Customer's use of the service.

14. Customer agrees to waive and hold PORTERFIELD.net harmless from any claims relating to any action taken by PORTERFIELD.net as part of an investigation into a suspected violation of this Policy or as a result of its conclusion that a violation of this Policy has occurred. Therefore, Customer cannot sue or recover any damages whatsoever from PORTERFIELD.net as a result of the decision to remove material from its server, or to suspend or terminate Customer 's account.

15. The web server is physically located in the state of California, USA, and the Customer may only access the server by means of the Internet, an interstate common carrier of information.

16. PORTERFIELD.net reserves the right to kill off CPU intensive processes.

17. PORTERFIELD.net has a strong corporate policy to respect and protect the privacy of its customers and their information that is stored on PORTERFIELD.net's Hosting Services. PORTERFIELD.net will only access and disclose information as necessary to comply with applicable laws and government requests, to provide PORTERFIELD.net Services, to operate or maintain its systems or to protect itself or its customers.

V. POLICY ENFORCEMENT

1. When PORTERFIELD.net becomes aware of an alleged violation of its Acceptable Use Policy, PORTERFIELD.net will initiate an investigation. During the investigation PORTERFIELD.net may restrict Customer 's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, PORTERFIELD.net may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. If such violation is a criminal offense, PORTERFIELD.net will notify the appropriate law enforcement department of such violation.

VI. COPYRIGHT INFRINGEMENT

1. If PORTERFIELD.net becomes aware of material that could be infringing on a third party's copyright, posted by Customer, it will initiate an investigation. If PORTERFIELD.net receives from a Complainant a claim with the applicable copyright or trademark registration number; a copy of the underlying copyrighted work along with the Customer 's materials; and, a good faith certification, signed under penalty of perjury, that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible, PORTERFIELD.net, in its discretion, may, at any time, deny access to the challenged material of Customer.

2. PORTERFIELD.net will notify Customer of the copyright infringement allegation and will allow Customer to respond to the allegation(s).

3. PORTERFIELD.net shall have no liability, directly or indirectly, to Complainants or third parties for Customer’s infringing copyrighted materials. Customer shall reimburse PORTERFIELD.net for all expenses associated with processing valid infringement allegations and defending any and all legal claims associated therewith.

VII. CONTENT

1. All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Canadian Federal Government, Province or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link 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.

Examples of non-acceptable content or links:

Pirated software
Hackers programs or archives
Warez Sites
Irc Bots
Mp3

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

VIII. REPORTING NETWORK ABUSE

1. Any party seeking to report any violations of PORTERFIELD.net's policy may contact via e-mail: abuse@PORTERFIELD.net