aNet Terms and Conditions

User Agreement

1. The following agreement is between the Client requesting the service (the "Client") and aNet Communications, the Service Provider (the "Provider"). The benefits of or rights conferred by this agreement are non-transferable. Use of Provider accounts is expressly limited to the individual, business or other entity whose name appears on the application. Client warrants that he/she is more than 18 years of age or, if not, that the agreement has been signed by the parent or legal guardian who has accepted responsibilty. If Client's representations are fraudulent, the Provider has the right to immediately terminate all services and collect any damages caused as a result of the misrepresentation or warranty.

2. Client is responsible for all use of the Client's account(s) and confidentiality of Client's password(s) and information. Provider will suspend access or change access to Client's acount(s) within a reasonable time period following written notification by Client that his/her password(s) or information has been lost, stolen or otherwise compromised.

3. All services are to be prepaid unless other specific arrangements have been made in writing by an authorized representaive of aNet. Client agrees to pay aNet all charges relating to the use of Client's account(s) according to rates and prices agreed to in this contract for the term and length of this contract, which shall be monthly, quarterly or annually. And if Client's regular aNet fees are to be applied to a credit or checking account, the Client authorizes aNet to directly post these charges. aNet must receive any payments by check before service is provided. Client is responsible for charges at the time the service is used. aNet reserves the right, in its sole discretion, to suspend access to service for Client's account(s) upon any indication of credit problem including delinquent payments, rejection of any credit card charges, or returned checks. Otherwise Client must explicitly request closure of his/her account(s), in writing, for payments to cease.

4. The registration of a domain name confers no legal right to that name. Any domain name associated with a closed account, where no alternate name/service has been pre-arranged, will be unregistered.

5. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. The client hereby acknowledges that any statement made on or information posted to a Web site using your aNet services may be deemed a "publication of the Client."

6. Client acknowledges that this service is governed by the laws of the State of California. Therefore, the Client agrees to use the service in a manner consistent with any and applicable California laws. Client also agrees that Los Angeles County, where aNet is located, shall be the forum for any legal action relating to its service.

7. This agreement shall be binding and effective upon the establishment of the account and will remain in effect until terminated by either party. Client may cancel service at any time by notifying aNet. If Client terminates this agreement, he/she is still reponsible for any outstanding account charges. Also, aNet can modify or amend this agreement at any time with notice to Client via E-mail or other media. The Client may not change or amend this agreement at any time. aNet reserves the right to refuse service to anyone at any time.

8. aNet takes SPAMMING (sending unsolicited email messages over aNet's network) very seriously. We investigate every case thoroughly. aNet has tough policies against SPAMMING that all subscribers must follow. Sending unsolicited mail and gaining unauthorized entry into any server are criminal offenses. Any Client that abuses his/her Internet privileges in these ways will be subject to a $500 fine and immediately disconnected from aNet's services. In addition, aNet will turn over all relevant information on any Client who has commtted such an offense to authorities for prosecution.

9. In providing services under this Agreement, aNet personnel will not be present at any time on Client premises. If Client requests aNet personnel's assistance on-site for initial installation of the Service, the Client agrees to waive rights against aNet resulting from liability, loss, damage, claim or expense resulting from aNet's on-site initial installation, except in cases of gross negligence or willful misconduct on the part of an aNet representative.

10. The Client agrees to use the Internet at his/her own risk. aNet exercises no control whatsoever over the content of the information contained on the server or passing through aNet hosting services. aNet makes no warranties of any kind, whether expressed or implied, for the service it is providing. aNet also disclaims any warranty of merchantability or fitness for a particular purpose. aNet will not be liable for any damages, including but not limited to direct, indirect, special, incidental or consequential damages which may result from the use of this service by the Client, other aNet customers or any other related or unrelated third parties. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by the Provider's own negligence or the Client's errors or omissions. Use of any information obtained via dial-up is at the Client's own risk. aNet specifically denies any responsibility for the accuracy or quality of information obtained through its services.

11. aNet may only be used for lawful purposes. Transmission of any material in violation of any U.S. or state regulation is prohibited. This includes, but is not limited to: material legally judged to be threatening or obscene, material in violation of any trademark, copyright, patent, statutory or common law, and material protected by trade secret. The Client agrees to indemnify and hold aNet harmless from any claims resulting from the Client's use of its services which damages the Client or another party.

12. Billing for aNet's service will normally commence when the Client's server is installed on aNet's facilities. Service is invoiced in advance and may be cancelled in writing with 30 days' notice with no penalty. aNet reserves the right to change any and all rates of charge by notifying the Client 60 days in advance of the effective date of the change.

13. Payment is due 15 days after date of invoice. The Client's account is considered in default if payment is not received within 30 days after date of invoice. If Client's payment is returned to the Provider unpaid, Client is immediately in default and subject to a returned-check charge of $20. Accounts unpaid 45 days after date of invoice may have service interrupted. Such interruption does not relieve the Client from the obligation to pay the monthly charge. Only a written request to terminate service relieves the Client of his/her obligation to pay the monthly account charge. Accounts in default are subject to an interest charge of 1.75% per month or maximum allowed by State law. In the case of default, the Client agrees to pay aNet all reasonable expenses, including attorney and collection agency fees, incurred in enforcing aNet's rights under these Terms and Conditions.

14. The aforementioned terms, conditions and general information in this Agreement are not all-inclusive and are subject to change at the sole discretion of aNet.

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