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HitNet Terms, Conditions & Policies

HitNet Dedicated Hosting Policy

Revised: September 21, 2007

Authorization
The client is engaging HitNet, Inc., for the specific purpose of providing Internet high speed Internet access (speed to be determined by client) The client hereby authorizes HitNet, Inc. to access the clients premises to run any cabling or install any hardware needed to provide Internet access to the client.

HitNet will provide the client 1 RJ45 flush mount jack in the client premises for Internet access connection point.

HitNet's Internet access is to be used for Internet access only. The client cannot place servers or any other hardware on the connection that is to be considered dedicated. If you would like to have a dedicated circuit please contact HitNet.

The main purpose of HitNet, Inc. High Speed Internet Access Service is to facilitate communication with the numerous computer networks that make up what is commonly referred to as "the Internet." It is HitNet's intention to allow HitNet users complete access to everything the Internet has to offer with minimal or no interference.

Although the Internet as a whole offers much independence and autonomy for those who use it, many of the individual networks or portions of the Internet have specific guidelines for use. As the Internet expands, it is increasingly common for an ISP such as HitNet to be blocked from use of another organization's systems due to repeated misuses of that system's resources. Because HitNet runs multi-user systems, actions of one HitNet customer can have a severe impact on other customers' ability to use the system(s). This is unfair to all HitNet users. To this end, HitNet has developed this Acceptable Use Agreement. It is intended to provide a guide to HitNet's views on what constitutes inappropriate use of HitNet's access to the Internet and to inform HitNet's customers of what actions HitNet might take, with or without notice, in the event that HitNet becomes aware of inappropriate use of HitNet's service. The agreement will help HitNet system administrators deal with complaints from users of HitNet or other Internet-connected systems, and determine when action must be taken. It is expected that all HitNet customers will follow the policies set forth herein. Protection of HitNet's technical resources and HitNet's ability to continue to provide high-quality service to its customers, compliance with existing laws and regulations, and the protection of HitNet's reputation as a service provider are all contributing factors to the policies outlined below.

Access to HitNet's Internet Service is provided subject to the following terms and conditions:

Warranties/Disclaimers
HitNet, Inc. is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to HitNet or any information or software therein. You release HitNet from and HitNet shall have no liability or responsibility for any direct, indirect, incidental, or consequential damages suffered by you in connection with your use of or inability to use the HitNet services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by HitNet's own negligence. Without limiting the generality of the foregoing, HitNet disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods, and services available on or through the Internet or the HitNet services. In no event shall HitNet's aggregate liability exceed the amount paid by you to HitNet for the HitNet services. Use of any information obtained via HitNet's Internet service is at the user's own risk. HitNet specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

Security
The customer is responsible for all use of customer's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. HitNet will suspend access or change access to customer's account(s) immediately upon notification by customer that customer's password has been lost, stolen, or otherwise compromised. HitNet is not liable for any usage and/or charges prior to HitNet making the necessary account alteration. Electronic mail on this system is as private as we can make it. HitNet's customers are reminded that no computer system can be considered as safe from intrusion. Email may pass through many computer systems, and should not be considered a secure means of communication unless encrypted, and even encrypted information is only as secure as the encryption method utilized. HitNet is not responsible for protecting the client's computer network or e-mail from hackers, viruses, or any other intentional attack on the clients computer network or e-mail account. The customer is responsible for installing and maintaining it own security (i.e., firewall or other software and hardware that will protect the customers computer(s), Computer network(s) and e-mail systems).

Personal Files
HitNet is not responsible for customer's personal files residing on HitNet's or any other computer system. Customer is responsible for independent backup of customer's data that is stored on HitNet's or any other computer system. HitNet reserves the right to delete customer's personal files after one or both parties terminates the service agreement between HitNet and customer.

Non-Transferability of Account
The right to use HitNet's Internet service is not transferable. Use of HitNet accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. A customer may use no more than one log-in session per account at any time. If a customer has multiple accounts, the customer is limited to one log-in session per account at any time.

Network Address Ownership
Any network address assignments issued by HitNet (i.e., Class C address space) are the property of HitNet and are considered to be loaned to its customers. In the event service with HitNet is discontinued for any reason, such addresses will revert to HitNet.

Compliance with All Laws
Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. Customer agrees that any material to be reproduced or transmitted on HitNet's service through customer's account(s) does not violate or infringe any copyright, trademark, patent, statutory or common law, or proprietary rights of others, or contain anything obscene, libelous, or threatening. Software intended to facilitate any such violations or infringements may not be stored on HitNet. Customer shall defend, indemnify, and hold harmless HitNet from and against any claims, liabilities and expenses, including attorneys' fees, resulting from customer's use of the HitNet service or customer's account in an unlawful manner or otherwise in violation of or contrary to customer's agreement with HitNet or HitNet's Acceptable Use Policies. At HitNet's discretion, HitNet may revoke customer's access to HitNet services or accounts for inappropriate usage.

Unacceptable Conduct
The following types of conduct are grounds for immediate suspension of service pending investigation by HitNet and may result in termination of the account(s) if the investigation determines the customer to have originated or transmitted these types of traffic. In addition, HitNet reserves the right, where feasible, to implement technical mechanisms that block multiple postings by a HitNet customer as described in (a) and (b) below before such postings are forwarded:

1. Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles that are off-topic (e.g., off-topic according to the newsgroup charter, or the article provokes complaints from the regular readers of the newsgroup for being off-topic).
2. Sending unsolicited mass email messages (i.e., to more than 25 users) that provoke complaints from the recipients.
3. Engaging in either (a) or (b) from a provider other than HitNet and using an account on HitNet as a mail drop for responses, or to draw attention to a web site housed within HitNet's networks.
4.ontinued harassment of other individuals on the Internet after being asked to stop by those individuals and by HitNet.
5. Mail bombing (i.e., sending large volumes of unsolicited email to individuals or to individual business accounts).
6. Impersonating another user or otherwise falsifying one's user name in email, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous re-mailer services.)
7. Privacy violations: Attempts, whether successful or not, to gain access to gain access to any other system or users' private data without express consent of the user.
8. Use of bots or clone bots on HitNet, whether on servers controlled by HitNet or by other parties. A bot is a program that runs and is connected to a server 24 hours a day, automatically performing certain actions.
9. Network unfriendly activity: Attempts to interfere with the regular workings of HitNet's systems or network connections or that adversely affect the ability of other people or systems to use HitNet services or the Internet, including, but not limited to:
a. Any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other HitNet system
b. Any use of this or any other HitNet system as a staging ground to disable other systems
10. Engaging in any type of file-sharing activities (Kazaa, WinMX, eDonkey, BearShare, etc.)

Right to Disconnect Non-Dedicated Accounts
HitNet unlimited interactive usage dial-up connections are not intended to be full-time dedicated connections and will be disconnected after 25 minutes of inactivity. Customer agrees not to use any automatic method to avoid disconnection, to keep the connection active only when the customer is actively using it, and not to provide public information services over the connection. HitNet reserves the right to impose a restriction on accounts it deems to be in violation of these conditions.

Excess Use of System or Network Resources
HitNet account descriptions in some cases may specify limits on bandwidth, CPU, and disk use for certain types of customers, and use up to these limits is included in the price for that type of customer. In the event HitNet determines that a customer is exceeding the bandwidth, CPU, and/or disk use limits, the customer will be notified by email. If the excess use continues for more than 48 hours after such notification, the customer may be requested to upgrade to a web hosting service agreement or to modify the activity creating the excess use. If excessive bandwidth, CPU, or disk space use is determined by HitNet to adversely affect HitNet's ability to provide service for all customers, immediate action may be taken to alleviate the problem. In such event, the customer will be notified by email as soon as practicable.

Compliance with Rules of Other Networks
Any access to other networks connected to HitNet's Internet service must comply with the rules for that other network as well as with HitNet's rules.

Monitoring/Privacy
HitNet reserves the right to monitor any and all communications through or with HitNet facilities. Customer agrees that HitNet is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for HitNet employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. HitNet also reserves the right to access a customer's mailbox or other files stored on HitNet systems to resolve system problems or mail system errors.

Cooperation with Authorities
HitNet reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity, including, but not limited to, illegal transfer or availability of copyrighted material, postings or email containing threats of violence, or other illegal activity.

Confidentiality of Personal Subscriber Information
HitNet will not release a customer's personal subscriber information, nor a customer's billing information, to any third party except to comply with applicable law, to comply with a valid subpoena or court order from an entity with jurisdiction, or to protect HitNet rights or property. HitNet will cooperate with legal authorities in the investigation of any suspected criminal or civil order of infringements. Customer agrees that HitNet's judgment as to the validity of any court order or subpoena shall be considered proper and final.

HitNet's Right to Suspend or Cancel Account
HitNet reserves the right to suspend or cancel service to a customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of HitNet that the customer may be performing activities harmful to HitNet or its customers, employees, vendors, business partners, relationship or other users of the Internet.

Right to Damages
HitNet reserves the right to collect damages (software, hardware, and man hours) if any harm is done to HitNet that requires repair or reconfiguration of any kind.

Other Remedies/Non-Waiver
Nothing contained in these policies shall be construed to limit action HitNet may take or remedies available to HitNet in any way with respect to any of the described conduct. HitNet reserves the right to take any additional actions HitNet may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the HitNet service, and levying cancellation charges to cover HitNet's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, HitNet reserves at all times all rights and remedies available to HitNet with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and HitNet reserves the right to enforce such policy or rule at its sole discretion.

HitNet's Right to Change Service
HitNet reserves the right to change without notice the HitNet service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors, and services offered.'

HitNet's Right to Modify its Acceptable Use Agreement
HitNet may modify its Acceptable Use Agreement upon notice published online via HitNet. Customer's use of HitNet services after such notice shall constitute customer's acceptance of the modifications to these policies.

ENTIRE AGREEMENT; MODIFICATIONS
This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. HitNet may make changes to this agreement upon ten (10) days' posted notice to Customer, advising of the change and the effective date thereof. Utilization of HitNet services by Customer and/or its Customers following the effective date of such change shall constitute acceptance by Customer of such change(s).Otherwise, this agreement may not be modified except by the of written consent of both parties.

These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of HitNet, Inc. services constitutes acceptance of these Terms and Conditions.