All IsleKat Technologies customers must abide by the following Terms and Conditions of service:

WEB HOSTING SERVICE AGREEMENT

This Web Hosting Agreement (this "Agreement") sets forth the terms and conditions of your use of IsleKat.com, a division of ("IsleKat Technologies") for web hosting services. You certify that you are at least 18 years of age. To become a IsleKat Technologies account holder, you must read and agree to be bound by all terms and conditions of this Agreement, the fee schedules on the Online Order forms and any policies that are or may be published by IsleKat Technologies. This Agreement will become effective when accepted by IsleKat Technologies. By posting notice 30 days in advance at a web page available on our web site (http://islekat.com), IsleKat Technologies may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services.

Update:

Spam/ UCE Policy

As the Internet grows, so do the possibilities for abuse. IsleKat Technologies has implemented the following policies regarding abuse of Internet services. These policies are intended to control costs and protect you, our customer, from Internet harassment and intrusions of privacy.

"Netiquette" is generally defined as the standards or practices an individual or organization engages in to insure responsible Internet citizenship on their behalf, as well as refraining from standards or practices which would impose undue financial, time, or social constraints on other users of the Internet. Every facet of the Internet is overseen by individual organizations (such as IsleKat Technologies) whose networks are interconnected to form the Internet. Every user of the Internet is responsible for their behavior on-line as they are off-line.

Each entity using the Internet contributes to, and thus assumes some liability for, the cost associated with traffic and storage. Figuring the cost of storage space and transmission together, a single posting can cost the collective Internet thousands of dollars! Similarly, transmitting e-mail costs money and bandwidth. A customer abusing e-mail or news postings can create a large financial impact on the individual networks involved.

Individuals that have fell victim to Internet abuse have other costs, including decreased effectiveness of the Internet. A user besieged by SPAM e-mail (a massive bulk e-mail message to subscribers who did not indicate any desire to receive such e-mail) spends additional time downloading and responding to e-mail which was not requested.

When an IsleKat Technologies customer engages in one of these abusive activities, it costs time and resources to respond to complaints. This "opportunity cost" can adversely effect IsleKat Technologies’ ability to provide other services. In some instances, angry Internet users have been known to "mail bomb" an ISP by creating programs to send bulk e-mail until the ISP’s mail server crashes, thereby denying e-mail access to every customer of the ISP. While our system is robust enough to rebuff or eliminate most of these abuses, IsleKat Technologies cannot prevent every undesirable activity.

To reach its goal of providing the best business class web hosting services to our users, IsleKat Technologies offers users a full range of commercial hosting services. Abuse of these services is considered a violation of our Terms of Service/AUP ("Contract Agreement"). You executed this Contract Agreement before the commencement of your service. One of the most serious abuses is using your account to send unsolicited commercial e-mail, otherwise known as "spam." Spamming, or the sending of unsolicited email, from an IsleKat Technologies. server, or using an email address that is maintained on an IsleKat Technologies, machine is STRICTLY prohibited and will result in a minimum fee of $500.00 US. The following are examples of spam and are blatantly in violation of your Contract Agreement.

1. Scope of Services and Your Obligations

1.1. This Agreement defines the terms and conditions of IsleKat Technologies's services as offered by IsleKat.com and used by you, including the provision of web hosting services on IsleKat Technologies's servers and connectivity to the Internet (the "Services"). IsleKat Technologies will provide the Services for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the Services, IsleKat Technologies maintains control and ownership of any and all Internet protocol ("IP") numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.

1.2. As part of the Services, IsleKat Technologies will also provide your own web-based control panel (the "Control Panel") Cpanel Demo

User Name: iktdemo
Password: password

1.3. You are responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets and applications (the "Upload Materials") to your web site, and you hereby warrant that all Upload Materials shall be owned or properly licensed by you and shall not adversely impact the Services or violate any rights of any third parties. You are responsible for ensuring that all Upload Materials will function properly and as intended. You are responsible for all activity originating from your web site, unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your web site that may be put on by a third party (such as the usage of Free For All links pages). Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your web site, and includes, but is not limited to, the following: web publishing requires knowledge of HTML, properly locating and linking documents, FTPing web contents, graphics, text, sound, image mapping, etc.; Front Page web publishing requires knowledge of the Front Page tools as well as Telnet and FTP understanding and capability; CGI-scripts requires knowledge of the UNIX environment, tar & gunzip commands, Pearl, CShell scripts, permissions, etc.; and mail requires knowledge of use of mail clients to receive and send mail, etc. You acknowledge that you have the necessary knowledge to create, modify and maintain your web site IsleKat Technologies assumes no responsibility to provide you with such knowledge.

1.4. In connection with the Services, IsleKat Technologies may provide for your use certain tools and software, including, but not limited to, certain specialty scripting software and/or certain programming language software for designing web sites (collectively, the "Tools"). Access to these Tools may be accessed via your Control Panel. These Tools are copyrighted and proprietary property owned by IsleKat Technologies. To the extent that such Tools are provided to you, you are granted a nonexclusive, nontransferable license to use the Tools in object-code form only for your internal use, solely in connection with the Services provided under this Agreement.

1.5. Every hosting account with IsleKat Technologies features a 15-day money back guarantee. If you choose to cancel your account within the first 30 days and notify us by E-mailing the Customer Service , we will refund all routine account fees, exclusive of any set up or domain names fees. Accounts closed after 30 days do not qualify for refund of any pre-paid fees.

1.6. For server restoration purposes only, IsleKat Technologies makes full back-ups of web sites weekly, and backups of new/changed data nightly; however, IsleKat Technologies makes no guarantees of any kind, either expressed or implied, as to the integrity of these back-ups. You are responsible to maintain local copies of your web site If loss of data occurs due to an error of IsleKat Technologies, IsleKat Technologies will attempt to recover the data for no charge. Otherwise, IsleKat Technologies will attempt to recover the data from the most recent archive for a $75 fee.

1.7. IsleKat Technologies reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its account holders or for any other reason it in good faith deems necessary. IsleKat Technologies will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not IsleKat Technologies's intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.

1.8. You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that IsleKat Technologies is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, IsleKat Technologies will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, IsleKat Technologies has a policy of terminating account holders who are repeat copyright infringes.

1.9. Web sites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of web sites located on IsleKat Technologies's servers nor the links to other web sites are screened, approved, reviewed or endorsed by IsleKat Technologies. IsleKat Technologies is not a publisher of any of the content of web sites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such web sites are the opinion of the specific author and are not IsleKat Technologies's statements of advice, opinion or information.

2. Limited Warranty; Limitation of Liability; Indemnification

2.1. Limited Warranty. You acknowledge that the Services are provided "as is." Neither IsleKat Technologies, nor any of its employees or agents, warrants that the Services will be uninterrupted, error free or free from viruses or other harmful components. IsleKat Technologies is not responsible for and hereby disclaims any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, non infringement, merchantability or fitness for a particular purpose of information available on its servers or residing on or passing through its interconnecting networks. Use of information obtained from or through the Services is at your risk. Under no circumstances will IsleKat Technologies be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services.

2.2. Limitation of Liability. IN NO EVENT SHALL IsleKat Technologies BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE IsleKat Technologies'S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF IsleKat Technologies'S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF IsleKat Technologies HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL IsleKat Technologies's MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO IsleKat Technologies FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IsleKat Technologies'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

2.3. Indemnification. You agree to indemnify, defend and hold IsleKat Technologies and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto IsleKat Technologies's servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to IsleKat Technologies's equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by IsleKat Technologies's gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

3. Payment of Fees

3.1. IsleKat Technologies will publish a notice of fee increases 30 days before such increases take effect on the web site. A listing of current monthly and/or annual fees can be found at the http://islekat.com

3.2. You agree to provide IsleKat Technologies with accurate and complete billing information, including your legal name, address, telephone number, e-mail address and applicable payment date and to update this information immediately if any change occurs. You must secure your account with a valid credit card. Payments must be submitted in advance of receiving the Services.

3.3. You acknowledge that IsleKat Technologies will bill your credit card prior to the Payment Interval you have chosen. You authorize automatic billing by IsleKat Technologies on an on-going basis during the term of this Agreement.

3.4. Delinquent accounts are those that remain unpaid at the beginning of the next Payment Interval. The Services will be suspended if your account is delinquent, and IsleKat Technologies will insert a message at your web site indicating your suspension that visitors to your web site will see. Notwithstanding any other rights IsleKat Technologies may have in this Agreement, all of your web site contents will be destroyed if your account is delinquent for 60 days. IsleKat Technologies accounts continue to accrue charges while they are delinquent or if the Services are suspended.

3.5. You acknowledge responsibility for your account until payment in full is made.

4. Acceptable Uses

4.1. Use and Misuse of the Services. All complaints of abuse, violation and misuse of the Services, whether described in this Section 4 or otherwise, shall be investigated promptly. If you are not sure if your actions will be an abuse, violation or misuse, please ask first: abuse@islekat.com.

You are responsible for all use of your web site, with or without your knowledge or consent.

You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to, drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited.

When IsleKat Technologies becomes aware of possible violations of this Agreement, IsleKat Technologies may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on IsleKat Technologies's servers .IsleKat Technologies, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could subject you to criminal or civil liability.

BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD IsleKat Technologies HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY IsleKat Technologies AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM IsleKat Technologies AS A RESULT OF IsleKat Technologies'S DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF IsleKat Technologies'S CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.

4.2. Use and Misuse of Materials. Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also re-distribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain.

You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. Pornography and sex-related merchandising, or links to such material, even if legal, are not acceptable uses of IsleKat Technologies's servers. You may not post, upload or otherwise distribute copyrighted material on IsleKat Technologies's servers without the consent of the copyright holder.

Unacceptable uses of web site content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts to circumvent any user authentication or security of host, network, or account; accessing data not intended for user; probing the security of any network; spawning dozens of processes; port scans, ping floods, packet spoofing, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX.

IsleKat Technologies supports free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your web site However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your on-line activity has violated the legal rights of a third party, IsleKat Technologies will not substitute itself for a court of law in deciding tort claims raised by the third party.

4.3. Email Use. Unacceptable affronts to etiquette and unacceptable activities include, but are not limited to, the following: spamming (sending unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups); spoofing (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); passive spamming (promoting a web site hosted by IsleKat Technologies by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); mailbombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); generating a higher volume of outgoing mail than a normal user (over 10% of available system resources); propagating chain letters; and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. If you are repeatedly mailbombed or attract such behavior, the Services will be terminated.

You should not send email to any user who does not wish to receive it, either at IsleKat Technologies or elsewhere. IsleKat Technologies recognizes

that email is an informal medium; however, you must refrain from sending further email to a user after receiving a request to stop.

You may not alter the headers of email messages to disguise their identity or to prevent users from responding to the messages. IsleKat Technologies may disclose the usernames of accounts responsible for forged email messages to system administrators or users requesting the information.

Violations of the IsleKat Technologies policies outlined herein can sometimes result in massive numbers of email responses. If you receive so much email that IsleKat Technologies resources are affected, IsleKat Technologies staff may shut down your mailbox.

4.4. System Security. You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at IsleKat Technologies or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

If you are involved in violations of system security, IsleKat Technologies reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. IsleKat Technologies will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

4.5. System Resources. System abuse includes any use of IsleKat Technologies resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space.

Any usage of 10% or more of IsleKat Technologies's system resources is an undue burden on IsleKat Technologies's system and is unacceptable. If your usage ever exceeds 10% of system resources, your account may be terminated immediately and without prior notice.

Further, running programs in the background on a IsleKat Technologies server without IsleKat Technologies's prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more then 1,000 emails a day and the like are not acceptable uses of IsleKat Technologies's servers.

5. IsleKat Technologies's Right to Terminate Agreement

(a) IsleKat Technologies reserves the right to suspend or terminate the Services to you and remove or prevent access to any material from your web site at any time, without prior notice or liability, for any conduct that IsleKat Technologies, in its sole discretion, believes violates this Agreement or is otherwise harmful to IsleKat Technologies's interests or the interests of other account holders(b) IsleKat Technologies also reserves the right to comply with the take-down provisions of the DMCA and to seek injunctive, declaratory, inter pleader or other judicial or equitable relief (and, pending such action, to suspend all access to your web site) if any third-party claim is made that your web site content or use violates any of the acceptable uses or your obligations or representations described in this Agreement.

6. Cancellation of Accounts

6.1. You may cancel your IsleKat Technologies account by e-mailing Customer Service (admin@islekat.com). Charges for canceling accounts are not prorated on a monthly basis.

6.2. All IsleKat Technologies accounts must be paid in full before the cancellation will be considered complete.

6.3. If your account is suspended or terminated for any reason permitted by this Agreement, IsleKat Technologies may, at its sole discretion, permanently delete your web site contents from IsleKat Technologies servers, and IsleKat Technologies will not be able to reopen or restore such content.

7. Arbitration; Governing Law

7.1. Except for IsleKat Technologies's compliance with take-down provisions of the DMCA or injunctive or other equitable actions initiated by IsleKat Technologies pursuant to Section 5(b), if any controversy or dispute arises in connection with this Agreement, the Services or your use of IsleKat Technologies's servers, such controversy or dispute shall first be presented for resolution by IsleKat Technologies and you. If no resolution is reached within 7 days thereafter, then such controversy or dispute shall be resolved by binding arbitration in Nova Scotia, Canada. Each party shall select an arbitrator with expertise in computer law and the Internet, and these two arbitrators shall select the third arbitrator with such expertise. The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of Pennsylvania (without regard to conflicts of laws principles).

7.2 You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Nova Scotia, Canada, for any action, suit or proceeding arising out of or relating to Section 5(b) of this Agreement and the arbitration contemplated by this Section 7.

8. Miscellaneous

You may not assign your rights and obligations under this Agreement without the prior written consent of IsleKat Technologies, which may be withheld at IsleKat Technologies's discretion. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of IsleKat Technologies to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by IsleKat Technologies of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any action for any claim arising under, or in connection with, this Agreement must be commenced by you within one year after the alleged cause of action has accrued or after the date of termination of this Agreement, whichever is earlier. In the event that any provision of this Agreement is deemed unenforceable or invalid, such un enforceability or invalidity shall not affect the remainder of this Agreement. Such provision may be amended or replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision. No provision of this Agreement may be amended or modified by you except by means of a written document signed or expressly assented to by IsleKat Technologies. All terms and conditions of this Agreement that should by their nature survive termination of this Agreement shall so survive. This Agreement and the Online Order form, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and IsleKat Technologies and supersede and govern all prior proposals, agreements, or other communications.

IsleKat Technologies has a responsibility to ensure that each of our clients is provided with the best services we have available. While we back up files continuously, we are in no way responsible for the archiving of a site. It is the sole responsibility of the site creator to copy, back-up or archive all files that constitute a web site.

The following guidelines also apply:

Content:
All services provided by IsleKat Technologies may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States Federal, State, 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 harmless IsleKat Technologies from any claims resulting from the use of the service, which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all IsleKat Technologies servers. This includes sites that may infer sexual content or links to adult content elsewhere. IsleKat Technologies will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to IsleKat Technologies servers or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites

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