Annex Technologies / Host Motel provides Internet software development, hosting, and internet business consulting. We have certain legal and ethical responsibilities when it comes to the use of our servers and equipment involved in these services. We have established some very simple rules that govern the content and use of our web services. They are all based on economic reality, legal standards, Internet responsibility and common sense. Customers agree that a violation of any of the provisions of this document constitutes sufficient cause for immediate termination of service without notice or further obligation on the part of Annex or HostMotel.

TERMS OF USE

All Customers (herein Customers) are responsible for reviewing and complying with this Acceptable Use Policy. Customers who provide services to their own users must affirmatively and contractually pass on the restrictions of this Acceptable Use Policy to their users, and take steps to ensure compliance by their users with this Acceptable Use Policy including, without limitation, termination of users who violate this policy. For the purposes of this Policy, "Customer" shall be defined to include Customers and also a customer's users and account holders. This Policy is subject to change with notice by publication on this Web site; customers are responsible for monitoring this web site for changes. This Policy was last changed on May 26th, 2004. The actions described below are defined as "system abuse" and are strictly prohibited under this Policy. The examples named below are not exhaustive and are provided solely for guidance to Customers. If any Customer is unsure of whether a contemplated use or action is permitted, it is Customer's responsibility to determine whether the use is permitted by contacting us via electronic mail. The following activities are expressly prohibited, and we expressly reserve the right, at our discretion, to pursue any remedies that we believe are warranted which may include, but is not limited to, filtering, suspending, or terminating accounts, end-users or Customers that engage in system abuse or who refuse to address user abuse. In general, Customers may not use our network, machines, or services in any manner which:

• violates any applicable law, regulation, treaty, or tariff;
• violates the acceptable use policies of any networks, machines, or services which are accessed through our network;
• infringes on the intellectual property rights of Annex Technologies / HostMotel or others;
• violates the privacy of others;
• involves deceptive online marketing practices including, without limitation practices that violate the United States Federal Trade Commission's guidelines for proper online marketing schemes; or otherwise violates this Acceptable Use Policy.

Prohibited activities also include but are not limited to, the following:

• unauthorized use (or attempted unauthorized use) of any machines or networks;
• attempting to interfere with or denying service to any user or host (e.g. denial of service attacks);
• falsifying header information or user identification information;
• introduction of malicious programs into the network or Server (e.g. viruses, worms, Trojan horses, etc.);
• monitoring or scanning the networks of others without permission;
• attempted or successful security breaches or disruption of Internet communication including, but not limited to, accessing data of which Customer is not an intended recipient or logging into a Server or account that Customer is not expressly authorized to access;
• executing any form of network monitoring (e.g. packet sniffer) which will intercept data not intended for the Customer;
• attempting to circumvent Customer authentication or security of any host, network, or account ("cracking");
• using any program/script/command, or sending messages of any kind, designed to interfere with a third party customer terminal session, via any means, locally or via the Internet;
• sending unsolicited bulk email;
• maintaining an open mail relay;
• collecting email addresses from the Internet for the purpose of sending unsolicited bulk email or to provide collected addresses to others for that purpose;
• collecting email addresses from the Internet for the purpose of sending unsolicited bulk email or to provide collected addresses to others for that purpose;
• transmitting or receiving copyright-infringing or illegal material;
• furnishing false or incorrect data on the signup form; or
• attempting to circumvent or alter the process or procedures to measure time, bandwidth utilization, or other methods to document "use" of our products and services.

Dedicated and Web Hosting Customers

Dedicated Internet and web hosting Customers who provide services to their own users must affirmatively and contractually pass on the restrictions of this Acceptable Use Policy to its users, and take steps to ensure compliance by their users with this Acceptable Use Policy including, without limitation, termination of the user for violations of this policy. Dedicated Internet and web hosting Customers who provide services to their own users also must maintain valid postmaster and abuse addresses for their domains, comply with all applicable Internet RFCs, maintain appropriate reverse DNS information for all hosts receiving connectivity through our network for which DNS responsibility has been delegated to the customer, maintain accurate contact information with the InterNIC and any other appropriate domain and IP address registries, take reasonable steps to prevent IP spoofing by their users and downstream customers, provide a 24/7 contact address to Annex / HostMotel for dealing with security and abuse issues, and act promptly to ensure that users are in compliance with our Acceptable Use Policy. Reasonable steps include, but are not limited to, using IP verify unicast reverse path wherever appropriate and using IP address filtering wherever appropriate.

Email

Sending unsolicited ("opt-out") bulk email is prohibited. Sending unsolicited bulk email from another provider advertising or implicating, directly or indirectly, the use of any service hosted or provided by us, including without limitation email, web, FTP, and DNS services, is prohibited and is grounds for termination of those services to Customers or users who engage in the practice. Customers or users who send unsolicited bulk email from Customer accounts will be charged the cost of labor to respond to complaints, with a minimum charge of $200. Customers or users who send bulk email to "opt-in" lists must have a method of confirmation or verification of subscriptions and be able to show evidence of subscription for users who complain about receiving unsolicited email. The following actions are likewise prohibited:

• Using email to engage in harassment, whether through language, frequency, or size of messages. Continuing to send someone email after being asked to stop is considered harassment.
• Using email to disrupt (e.g., mail bombing, "flashing," etc.) is prohibited.
• Sending email with falsified header information.
• Sending email with falsified or obscured information (e.g., encoded or "obfuscated URLs") designed to hinder identification of the location of what is advertised.
• Creating or forwarding chain letters, pyramid schemes, and hoaxes
• Using the Customer account to collect replies to messages sent from another provider which violate these rules or those of the other provider.

The World Wide Web and FTP

The web space and public FTP space included with a shared hosting account may not be resold or used for adult-oriented material. We reserve the right to require that sites using web or FTP space which receive high amounts of traffic be moved to other servers. Web pages and FTP files may not contain any material, text, or images, whether hosted on our servers or "transclusioned" (images from another site displayed on the page) which violate or infringe any copyright, trademark, patent, statutory, common law, or proprietary rights of others. Web pages and FTP files may not contain links that initiate downloads of copyright-infringing or other illegal material.

Digital Millennium Copyright Act Policy

It is our policy to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, when it is under our control, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will terminate access for Customers who are repeat infringers. For our Webhosting customers, you must adopt and implement a Digital Millennium Copyright Act policy that reserves the necessary rights to remove or disable infringing material. If you believe that a copyrighted work has been copied and is accessible on our site in a way that constitutes copyright infringement, you may notify us by providing our registered copyright agent with the following information:

• electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and e-mail address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notices of claimed infringement should be directed to abuse@hostmotel.com. When we remove or disable access to any material claimed to be infringing, we may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification. Any and all counter notifications submitted by the user will be furnished to the complaining party. We will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before we replace or restore access to any material as a result of any counter notification.

Servers and Proxies

Users may not run on our servers any program which makes a non-preinstalled service or resource available to others, including but not limited to port redirectors, proxy servers, chat servers, MUDs, file servers, and IRC bots. Users may not run such programs on their own machines to make such services or resources available to others through a HostMotel dialup account; a dedicated access account is required for such purposes. Customers are responsible for the security of their own networks and machines. We will assume neither responsibility nor accountability for failures or breach of customer-imposed protective measures, whether implied or actual. Abuse that occurs as a result of a compromised customer's system or account may result in suspension of services or account access by us, for example, if a system is abused after becoming infected with Back Orifice or the NetBus trojan horse programs as a result of an Internet download or executing an email attachment. (See www.nwi.net/~pchelp/bo/bo.html ) Any programs, scripts, or processes which generate excessive server load on our servers are prohibited and we reserve the right to terminate or suspend any such program, script, or process.

Unsolicited Bulk Email Support Services and Email Address Harvesting

Customers and users may not advertise, distribute, or use software intended to facilitate sending unsolicited bulk email or harvest email addresses from the Internet for that purpose. Customers and users may not sell or distribute lists of harvested email addresses for that purpose.

Referral ID Services

Customers who provide or make use of a service employing referral IDs will be considered responsible for unsolicited bulk email sent by members of the referral ID service that makes reference to services hosted by us. Customers must be able to provide visible evidence from the UBE-advertised link that a member of their referral ID service has had their membership terminated.

Storing files

The storage of any program, utility or file on our servers the use of which would constitute a violation of this policy is prohibited. For example, it is a violation to store hacker scripts, IRC bots, or spamming software on our servers.

Newsgroup Spamming

The posting of commercial messages to any newsgroup or discussion forum not chartered or organized for that specific purpose is similarly prohibited.

Validation of Information

The Customer is responsible for validating the integrity of the information and data it receives or transmits over the Internet.

Security

The Customer is required to protect the security of its Internet accounts (ftp, email, etc.) and usage thereof.

Discretion and Judgment

The Customer is expected to use discretion in the treatment and handling of Internet information and data and to take particular care to insure that adult information is not transmitted to juvenile users of the Internet.

Payment

Unless specifically contracted for, all accounts are set up on a pre-pay basis. Customer will be billed in advance for each term of pre-payment on NET 10 terms or Credit Card auto-debit as negotiated. Setup fees are charged for new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment or contract (if applicable). We reserve the right to change prices at any time, unless specifically contracted for with an individual customer.

The obtaining of, or attempt to obtain, any fee-based service by any means with the intent of avoiding payment for such service is strictly prohibited.

Any account not brought current within a week of e-mail notice that payment is overdue is subject to suspension of services. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies us in writing for a request for termination of services. All payment is in U.S. currency.

Cancellation

We reserve the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by us if we institute our right of cancellation. If cancellation is caused by customers violation of our policies, then no refund is due. Any violation of policies which results in extra costs to Annex / HostMotel will be billed to the customer (i.e. transfer, space etc.)

Depending on the contract/arrangement with us, Customer will be either monthly, quarterly or yearly in term, and may cancel before the beginning of each term/billing. Due to security concerns, all account cancellations must be done in writing via US mail or fax with a valid signature of the primary contact of the account, account name and reason for cancellation.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Annex Technologies / HostMotel harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, our agents, our 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, it’s agents, employees or assigns. Customer agrees to defend, indemnify us and hold us harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our 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 our server.

Disclaimers

We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim 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 us and our employees. We reserve the right to revise its policies at any time

We reserve the right to refuse service to anyone.

Any complaint that may be received regarding a customer or its customers or users will be promptly forwarded to the customer for resolution. Our customers are expected to terminate verified violators of these policies or face termination themselves. This strict policy is for the protection of the network and the interests of Annex / HostMotel and its customers.

For clarification of terms or to report a violation, please email abuse@annex.com or call 1-800-886-4547.