Terms of Service The following terms and conditions ("Terms") between Santiam Communications ("Provider") and the customer ("Customer") govern provision of the Provider's Web Application services and products ("Services and Products"). These Terms are effective as of the moment the Customer establishes an account with the Provider and are due to change from time to time at the discretion of the Provider. Had the Customer signed to the Terms under a pervious revision of the agreement, the new Terms will become effective towards the Customer's account thirty (30) days after the revised agreement has been posted. The Terms of Service, Acceptable Usage Policy and attachment of any additional legal documents are referred to herein, collectively, as this "Agreement". A. Services and Products Provided the Customer abides by the terms and conditions set forth in this Agreement, the Provider agrees to offer the Customer an account on one of its Web Applications. In the event of a planned change in the Provider's network or infrastructure, the Provider shall use reasonable efforts to notify the Customer in advance. The Customer agrees to be of legal age (18) to form a contract and to provide current and accurate identification at the time of account registration. The Customer is responsible for all content hosted on their account and agrees to notify Provider in the event of unauthorized account use or security breach. Santiam Communications will not take responsibility for any loss or damage arising from your failure to provide us with accurate information or to enforce account security. The Agreement under which the Provider provides Services to the Customer is strictly between the Provider and the Customer; no third party beneficiary to the Service Agreement is intended nor permitted hereunder. The Agreement shall confer no rights in any third party except as may be otherwise expressly agreed to in writing by the Provider. The Provider does not assume any responsibility to supervise, manage or review content on Customers' services. B. Term Customer agrees to a month to month term for the services starting on the date of the order. The month to month term for services is automatically renewed each month unless either party notifies the other in writing of its desire that the Agreement not be renewed, no later than thirty (30) days before the next upcoming anniversary date for billing. Customer may cancel their account by terminating this Agreement by notifying the Provider in writing. The Provider reserves the right to terminate this Agreement effective immediately and without notice upon any breach by the Customer of any of the terms of this Agreement. Upon termination, the Customer's right to use the service will stop immediately and they will not have access to data that was stored on the service. In such event, the Provider shall have no obligation to refund any fees paid in advance by the Customer. C. Acceptable Use Policy 1. Prohibited Content and Activities a) Email Spam - usage of Service and Products to transmit email spam, junk mail, mass mailers, email relays, using a non-existent email return address and mailing lists. b) Hacking - usage of hacking, IP scanning, denial of service, or any other perpetration of security breaches or attempts to interfere with service of another network or server. c) Viruses - use of Services and Products to host and distribute harmful code such as viruses, worms, Trojans, or malware. d) Child pornography - The use of Santiam Communications's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Santiam Communications is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services. e) IRC - use of service to host servers that establish and maintain connections to global IRC networks such as Undernet, EFnet, DALnet, etc. f) Intellectual property - infringement of intellectual rights, including violations of copyright, trademark, or patent rights, or use or distribution of pirated software. g) Fraud, violation of privacy rights, dissemination of deliberately offensive material, and illegal activities of any kind. 2. False Information Santiam Communications prohibits use of falsified data, including credit card numbers, on any contract or application. 3. Misuse of System Resources Santiam Communications strongly prohibits use of programs and applications that utilize excessive system resources including CPU time, disk IO utilization, and network capacity for an extended period of time. In the event that the Customer exceeds their bandwidth limit, they will be notified via email. Continued use will result in overage charges which will be calculated at the end of the billing cycle. Repeated offenses may result in account suspension. D. Account Cancellation The Customer is responsible for the cancellation of their account and backing up their data. The Customer may cancel their account at any time in writing to the Provider. At the time that the Customer cancels their account the account will be permanently disabled. The Customer will be obligated to pay all charges due to Santiam Communications at the time of cancellation. E. Fees & Refunds The Customer agrees that they shall be responsible for payment of fees for Services and Products provided by the Provider hereunder in accordance with Provider's schedule of fees that are effective on the date of this Agreement or as they may be amended by the Provider from time to time. The Provider's policies and prices are subject to change without notice. Any price changes become effective in the next billing Term. The Customer agrees to allow the Provider to charge their credit card in advance of granting service on a monthly basis, or as applicable for pre-payments, tax, subscription fees, or any other fees that may be incurred in relation to Customer's use of Services and Products. Recurring charges will be posted to the Customer's credit card until such time that the Customer cancels his/her/its account in accordance with this Agreement. First payment will include the monthly subscription fee and pro-rated charges applicable for the remainder of the current month. For example, if the account is created on April 15, the Customer will be billed 50% of their monthly fee in addition to the monthly subscription fee for the following month. The Customer's credit card will be billed within 48 hours of their receipt. The Provider is not responsible for any additional charges that the Customer may incur due to bank fees, overdraft fees, interest & finance charges, or currency exchange charges. All charges are non-refundable unless otherwise expressly stated in the Agreement or by applicable law. The Provider does not give pro-rated refunds for unused time if cancellation is initiated by the customer during the middle of a billing cycle. All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. The costs of any returns if permitted will be at your expense, unless otherwise provided by applicable law. F. Indemnification Customers agree to indemnify, hold harmless, and defend Santiam Communications and all directors, officers, employees, and agents of Santiam Communications from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys fees) arising out of or relating to the use of the Services by the Customer, including any violation of the Acceptable Use Policy set forth in this Agreement. Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortuous interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business. G. Limitation of Liability NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF Santiam Communications AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE. H. Warranty Disclaimer CUSTOMERS AGREE THAT THEIR USE OF Santiam Communications SERVICES SHALL BE AT THEIR SOLE RISK. ALL SERVICES PROVIDED BY Santiam Communications ARE AVAILABLE AS IS WITHOUT WARRANTIES OR GUARANTEES APPLIED. I. Force Majeure Santiam Communications shall not be liable for failure or delay in performing its obligations under this Agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, terrorist or other attack, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the services. J. Notices Customer agrees that Provider may provide them with notices, including those regarding changes to the Terms of Service, via e-mail to the primary contact listed on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section. K. Governing Law This Agreement is governed by and construed in accordance with the laws of the State of Oregon, USA without reference to its conflicts of laws principles. Any dispute shall be heard exclusively in the County Courts in and for Linn County, Oregon. L. Miscellaneous Information The waiver of a breach by a party on one or more occasions shall not preclude a party's enforcement of a subsequent breach of any obligation set forth in this Agreement. Right to Refuse Service: The Provider may refuse to accept any customer for participation in Provider's Hosting Network as determined by the Provider at its sole discretion. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Provider services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. By creating and/or using a Santiam Communications account, the Customer agrees to these Terms and Conditions.