1. Agreement. This is an agreement between you and 2servU.net regarding your use of web hosting, allowing your website to be posted on a computer (web server) and accessed by you and those who may see your website on the Internet. This agreement governs the terms and conditions under which 2servU.net makes these services available to individual consumers or businesses through a personal computer or similar access device and a communications connection (such as modem, telephone line, or other telecommunications connection). Under this agreement, you must comply with 2servU.net's then-current "Acceptable Use Policy," as updated from time to time by 2servU.net, which can be viewed at http://www.2servU.net/terms/Use.htm which is incorporated in this agreement by reference. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY SIGNING UP FOR WEB HOSTING, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND 2servU.net's ACCEPTABLE USE POLICY.

2. Amendment. 2servU.net may modify this agreement or the Acceptable Use Policy at any time in its sole discretion. Any modification is effective immediately. If any modification to this agreement is unacceptable to you, you may immediately terminate your web hosting as provided in Section 12 below. However, if you do not terminate your registration, or continue to use the 2servU.net Service, following modification to this agreement, your continued use will mean that you have accepted that modification.

3. Use of the Service. Under the terms of this agreement, you may only use the 2servU.net Service through the time for which you have purchased service. You may not continue to use our services without proper payment unless prior appoval by 2servU.net. This approval also applies to our Rewards Program, which does offer Free Web Hosting for existing customers who refer qualified new customers, that meet our eligibility requirements.

4. Disclaimer. At times, 2servU.net offers Services through other companies that we have partnered with, and cannot be held responsible for interruption of Services contracted through those partners. 2servU.net has partnered with some of the most reliable and reputable companies in their field, and are confident enough to state their claims of service on our website. In situations where their claims were not met, a request for reimbursement will be reviewed, and all intentions to resolve the matter to your satisfaction will be addressed thoroughly by 2servU.net.

5. Information and Products. All information on our website is as current and reliable as possible, but in some cases may not be the most current information available. In this case, use of the most current information availble on our website constitutes the "current version" and may be used in it's place. This includes but is not limited to information given to us through other companies, partners, or affiliates. All products offered at 2servU.net are done with your satisfaction in mind, but 2servU.net cannot be held responsible for products that are offered by companies that not directly offered on our website.

6. Commerce on the Web. Through your uses of the 2servU.net Service, you may have opportunities to order and purchase merchandise or services from other subscribers to the 2servU.net Service and users of other communications outlets such as the Internet. You further acknowledge that all transactions relating to merchandise or services offered by you through the 2servU.net Service, including but not limited to the purchase terms, payment terms, warrantees, guarantees, maintenance and delivery terms for such transactions are agreed to solely between you and third party purchasers. 2servU.net and its affiliates make no warranties or representations whatsoever with respect to your goods and services, or with respect to the qualifications of any third party purchaser.

7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL 2servU.net, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE 2servU.net SERVICE, including but not limited to reliance on any information obtained on the 2servU.net Service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to 2servU.net's records, programs or services. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT 2servU.net IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM 2servU.net OR ITS AFFILIATES. The terms of this Section will survive any termination of this agreement.

8. Charges. You are responsible for payment of Web Hosting fees in advance. If payment has not been received within 7 days of the date of your monthly or yearly invoice, 2servU.net has full right to shut your website down. If 2servU.net does not receive the full amount of Customer's 2servU.net Service account balance within 30 days of the invoice date or billing date, the lesser of an additional 1.5%, or the highest percentage allowed by law, of the outstanding balance may be added to your bill as a late charge each month and will be due and payable immediately. The specific service you have chosen may offer you the choice of additional payment terms, including without limitation pre-payment terms. 2servU.net reserves the right to increase fees, surcharges, monthly subscription fees or to institute new fees at any time upon 30 days prior notice. 2servU.net may reduce any fees at any time without notice. In the event that your account is terminated or canceled, on-line time credited to your account is not convertible to cash or other form of credit.

9. Personal Information. You hereby certify to 2servU.net that you are not a minor. (A minor's parent or legal guardian may authorize a minor to use his/her account(s) under supervision by the parent or guardian). For purposes of identification, billing and marketing, you must provide 2servU.net with accurate, complete, and updated information required by the registration to the 2servU.net Service, including your legal name, address, and working telephone number(s). This must be the same information you give to our e-commerce partner (PayPal) and applicable payment data (for example, a credit card number and expiration date). You must notify 2servU.net within 30 days of any changes in your Member Registration Data.  2servU.net may require a copy of a state issued form of identification before making changes to the billing information or registration data on a Customer's account.

10. Accounts and Passwords. This agreement applies to all accounts, sub-accounts, alternative account names associated with your principal account. You are responsible for the use of each of your accounts, whether used under any name or by any person, and for ensuring full compliance with this agreement by all users of that account. A 2servU.net Service account may not be transferred without prior written approval from 2servU.net. You are responsible for maintaining the confidentiality of your passwords. In the event of a breach of security through your account, you will be liable for any unauthorized use of the 2servU.net Service until you notify 2servU.net customer service at (800) 428-6572.

11. OFFENSIVE MATERIAL. YOU UNDERSTAND THAT INFORMATION AVAILABLE TO YOU THROUGH THE 2servU.net SERVICE MAY INCLUDE MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT OR OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. 2servU.net AND ITS AFFILIATES HEREBY DISCLAIM ANY RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS.

12. At-Will Termination. This agreement will become effective on the date 2servU.net receives your first payment, and will remain in effect billing-month-to-billing-month (or year-to-year) unless terminated by either party pursuant to this agreement. You may terminate the agreement and your subscription at any time for any reason or no reason by sending an email request to cancel from our Sales/Support Page. 2servU.net may also immediately restrict, suspend or terminate without notice, your access to and use of the 2servU.net Service upon any breach of this agreement, include the then-current Acceptable Use Policy. 2servU.net may also terminate the agreement at any time for any reason or no reason, upon 10 days' prior notice. In the event of any termination for breach of this agreement, you may not establish a new subscription with 2servU.net for one year from the date of termination. Upon and after termination, 2servU.net will not be obligated to provide you with access to any stored e-mail, website files, or content related to your account. Your only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of 2servU.net in operating the 2servU.net Service, any change in the content of the 2servU.net Service, or any change in the amount or type of fees charged in connection with the 2servU.net Service, is to terminate this agreement by delivering notice to 2servU.net, effective the day 2servU.net receives notification of termination.

13. Electronic Mail. 2servU.net shall not be responsible for lost, misdirected or undeliverable e-mail.

14. Indemnity. Upon request of 2servU.net, you shall defend, indemnify and hold harmless 2servU.net, its officers, directors, employees, agents and licensees, from any claims, losses, damages, expenses, and fees including without limitation reasonable attorneys fees, arising out of or relating to your use of the 2servU.net Service, including without limitation any violation by you of 2servU.net's Acceptable Use Policy. The terms of this Section will survive any termination of this agreement.

15. Entire Agreement. This agreement constitutes the entire agreement between you and 2servU.net with respect to the 2servU.net Service and supersedes all prior agreements between you and 2servU.net. 2servU.net's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.

16. Assignment and Resale. You may resell the 2servU.net Service to any other party, as long as they abide by 2servU.net's Term's of Service and Acceptable Use Policy. If you are reselling our Services, you will still be responsibe for payment of all Services you signed up for. It is then your responsibility to collect payment from the parties you resell to, at the price you see fit. You will also be responsible to handle your clients technical questions and customer support. 2servU.net will not offer support to unregistered clients. You may not assign this agreement or any of its rights or obligations without the prior written consent of 2servU.net, and any such attempted assignment will be void. Subject to the above, this agreement will be binding upon the parties' respective successors and permitted assigns.

17. Notices. Any notices in connection with this agreement must be sent to each party as follows: if to 2servU.net: John Andresen - 8725 Evanston N. - Seattle, WA  98103 legal@2servU.net; if to you: either the e-mail address for your account, or the address supplied by you as part of the Member Registration Data. Any notices or communication under this agreement will be deemed delivered to the party receiving such communication on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile or (5) on the delivery date if transmitted by confirmed email.

18. Force Majeure. 2servU.net will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.

19. General Terms. Interpretation and enforcement of this agreement will be governed by the laws of the state of Washington (excluding its choice of law rules). You hereby consent to personal jurisdiction in the federal and state courts of King County, Washington for any action arising out of or relating to your use of the 2servU.net Service. The federal and state courts of King County, Washington will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this agreement.

20. Copyright ©2001 2servU.net Services. All rights reserved. This page may contain other proprietary notices and copyright information, the terms of which must be observed and followed.