Service Agreement

The following agreement is between compuTRnet.com, (here forth known as "compuTRnet"), a West Virginia Company, of 461 Lawnview Circle, Morgantown, WV 26505 , and you (here forth know as "Client").

WHEREAS, compuTRnet is an Independent information provider connected to the Internet. compuTRnet offers data storage and transfer services (web hosting) over the Internet;

WHEREAS, Client seeks to utilize compuTRnet's equipment and software for its own purposes with full knowledge that compuTRnet is a Independent Web Hosting Provider and with full knowledge that compuTRnet has full control over the actual servers the account is placed on; as the original owner(s) of the server(s) compuTRnet may at their discretion, terminate an account for any violation to the Terms of Acceptable Usage Policy.

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore,compuTRnet can make no guarantee that any given person on-line shall be able to access anyone of compuTRnet's webservers at any given time. compuTRnet represents that while it shall make every good faith effort to ensure that its equipment is available as widely as possible and with as little service interruption as possible, compuTRnet can not be held responsible to the client for services terminated due to Clients Violation of the Terms of Acceptable Usage Policy. If an account is closed due to violations, all contracts with compuTRnet are considered void and no money will be refunded.

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

First and foremost, compuTRnet reserves the right to refuse service, including but not limited to continued or renewed service, to any one, for any reason. compuTRnet practices a zero tolerance policy for violations to this agreement! Violations can, at compuTRnet's discretion, result in immediate termination of an account and all applicable clean-up/disconnect fees being charged to the client without prior written or emailed notice to the client!

Age:
The Client certifies that he or she is at least 18 years of age. If the client is not at least 18 years of age, then he/she has been granted the permission by his/her legal guardian to act on that guardian's behalf. Under these circumstances, the underage client has been granted permission to use compuTRnet's services and enter into this agreement on behalf of the legal guardian. A legal guardian/parent MUST sign the Terms of Acceptable Usage Policy Agreement.

II. Financial Arrangements:
1. Client agrees to a minimum one year contract, beginning upon compuTRnet's receipt by fax, postal mail or e-mail of client's order.

Clients exceeding the 25 Gigabyte data transfer rate (per month) will be charged $7 per gigabyte over the 25 gigabyte per month limit. Data transfer rate includes web traffic (website visitors), FTP (file uploads), Anonymous FTP (file downloads), and E-mail services.

3. This agreement will automatically renew for one yearunless canceled in writing (email is OK) at least 18 days prior to the renewal date. Renewal of services by Client indicates agreement to any Contract Agreement revisions without notice of those revisions by compuTRnet. It is and remains the clients responsibility to periodically review these policies and to ensure that all accounts at compuTRnet are within the Terms of Acceptable Usage Policy/Agreement.

III. Taxes:
compuTRnet shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or compuTRnet's equipment. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

III. Material and Products:
Client will provide compuTRnet with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of compuTRnet. compuTRnet shall make no effort to validate this information for content, correctness or usability.

IV. Competency
Use of compuTRnet's service requires a certain level of knowledge in the use Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Client's Web space by the Client.

The following examples are offered:

Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing documents, creating graphics, text, sound, image mapping, etc. compuTRnet does not provide design, cgi-programming, nor program setup service. You may contact design companies to assist you with your web site.

V. Content
1.compuTRnet will exercise no control whatsoever over the content of the information passing through the Internet. compuTRnet disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of compuTRnet is at the Client's own risk, and compuTRnet specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and does not represent guarantees of available end-to-end bandwidth.compuTRnet expressly limits its damages to the Client for any non-accessibility time or other down time to the prorated monthly charge during the system unavailability. compuTRnet specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

2. In the event that any particular clients' material is not "Server-ready", compuTRnet may, at its option and at any time, reject this material, including but not limited to after it has been put on compuTRnet's webservers. This includes compuTRnet's right to disable such non-"Server-ready" materials, such as CGI scripts or programs which consume an unreasonable amount of CPU (Central Processing Unit) (over 20%) usage or RAM (Random Access Memory) as determined by compuTRnet. compuTRnet may also at its discretion at any time, suspend access to any client's website without notice, due to over-consumption of bandwidth (exceeding 17,000MB/perday transfer) that causes excessive CPU usage, or any other reason which might effect the performance of compuTRnet services. compuTRnet agrees to notify Client immediately of its refusal of the material and/or suspension of the account and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of compuTRnet. If the Client fails to modify the material, as directed by compuTRnet, within a reasonable period of time established by compuTRnet, the Agreement shall be deemed to be terminated without refund.

VI. Acceptable Uses

Client is expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Client is expected to use his/her account for the purposes of maintaining a website only. No file distribution, for download sites, are welcomed! Common sense is the best guide as to what is considered acceptable use.

When customers disseminate information through the Internet, they also must keep in mind that we do not review, edit, censor or take responsibility for any information our customers may create. This places on customers what will be, for most, an unfamiliar responsibility. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information they create is carried over our facilities and may reach a large number of people, including both customers and noncustomers of ours, customers' postings to the Internet may affect other customers and may harm our goodwill, business reputation and operations. For these reasons, customers violate our policy and the Services Agreement when they, their affiliates or subsidiaries engage in the following activities: Adult Material Restrictions

compuTRnet forbids websites with adult graphic content (softcore and/or hardcore), including, but not limited to, banners advertising any adult website(s), child pornography, and distribution of adult website passwords. Client's whose accounts are found in violation of this policy may, at the discretion of compuTRnet, have their account(s) terminated immediately without notice and are subject to a maximum $250 clean-up/disconnection fee. Violation of indecency and obscenity laws can result in criminal penalties.

File Distribution/Mirroring

compuTRnet forbids use of service for those who provide mirroring service for other website or websites, and/or file distribution. An account that is comprised of 50% or more graphics, is grounds to terminate the account without notice and without refund under this file distribution policy. Distribution of executable programs, archive files, or other non-visual file types are not welcome. Client's whose accounts who are found in violation of this policy may, at the discretion of compuTRnet, have their account(s) terminated without notice and are subject to a maximum $250 clean-up/disconnection fee.

Note: You are not permitted to have any commercially available software, fixes, patches or electronic media for download on your site. We reserve the right - at any time, to terminate service if we find that you have violated this term. Additionally, should you be found to be in violation of any licensing agreements currently in place, we reserve the right to permanently terminate your service without refund. In English - no download sites! You may however, link to the commercially owned material directly to the commercial site that owns the materials. Hate Material Restrictions

Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the ISP whose facilities were used to distribute the defamatory material.

Hatred messages including racism, sexism, or content promoting one particular race, sex, or nationality as superior and/or another race, sex, or nationality as inferior is unacceptable on compuTRnet servers. Client's whose accounts are found in violation of this policy may, at the discretion of compuTRnet, have their account(s) terminated immediately without notice and are subject to a maximum $250 clean-up/disconnection fee.

Illegal Activity Restrictions

Client's whose website promotes activities that violate federal, state, local laws and/or violation of U.S. export restrictions are also not welcome at compuTRnet. This includes "warez" sites (freely distributing copyright programs, .exe.files, or materials), or sites promoting hacking and/or cracking programs. Client's whose accounts are found in violation of this policy may, at the discretion of compuTRnet, have their account(s) terminated without notice and are subject to a maximum $500 clean-up/disconnection fee. Additionally,compuTRnet may contact the Software Piracy Association ("SPA") and release any information in connection with any illegal activities relating to software piracy on the Client's account.

Illegal/Unauthorized Access to Other Computers or Networks

The illegal or unauthorized accessing (often known as "hacking") of computers or networks carries potential civil and criminal penalties under both federal laws and the laws of most states. This activity on any account will result in the immediate termination of an account without notice and without refund! In English...no "Hacking" allowed!

Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive Activities

Distribution of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability under federal and state law. This activity on any account will result in the immediate termination of an account without notice and without refund!

Spamming/Mailbombing/Trolling Restrictions/Mailing Lists

Unsolicited, commercial mass e-mailing (known as "spamming") is a strongly disfavored practice among Internet users and service providers. It is particularly harmful not only because of its negative impact on consumer attitudes toward us, but also because it can overload our equipment and disrupt service to our customers.

Spamming is the sending of unsolicited e-mail, regardless of size or volume, to persons the sender does not know or have prior consent to send the message to. Using fictitious e-mail addresses @compuTRnet.com or any domain name hosted with compuTRnet is strictly forbidden. Spamming also includes sending unsolicited advertisements to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user. A violation of this policy extends to clients who send unsolicited e-mail from a domain name not affiliated or hosted with compuTRnet but the mail message makes mention of a website hosted with compuTRnet.

compuTRnet allows clients to send mailings to subscribers of their own mailing list. Such mailings must have explicit instructions to the recipient on how to remove his/her name from the list, and all requests to do so must be honored immediately. Client agrees not to send mailings to lists provided by an outside agency or individual. Client further agrees not to provide mailing list services to others. Due to the nature of a shared-server environment, compuTRnet requests that mailing lists be sent during non-peak hours, specifically between the hours of 1:00 am and 5:00 am, Central Time.compuTRnet reserves the right to terminate a client's mailing program, whether provided by compuTRnet or not, immediately and without notification to client if said list causes a problem with the e-mail services of other clients.compuTRnet also reserves the right to forbid a client from utilizing any mail-sending program that jeopardizes the mail services of other clients.

Due to the consumption of system resources and overloading of the e-mail server, compuTRnet forbids the use of the Gossamer Links program by any client.

Trolling, the posting of outrageous messages to generate numerous responses, is also not allowed. Mailbombing, the sending of multiple messages without significant new content to the same user and/or subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system is strictly forbidden. compuTRnet reserves the right to determine what constitutes abuse of this policy. Clients whose accounts are found in violation of this policy may, at the discretion of compuTRnet, have their account(s) terminated without notice and are subject to a maximum $500 clean-up/disconnection fee.

IRC Bots Restrictions

IRC Bots, or any other automaton programs written in C, Perl or IRC-script used specifically in conjunction with IRC are not allowed. These programs tie up system resources and are in no way related to maintaining a website. Clients are not allowed to have any programs, including but not limited to, Eggdrop, or any other IRC-related programs, within their account. Client agrees not to upload the tar file for any of these programs or to execute them within their account. The first violation of this policy will result in the IRC-related program to be removed from the Client's account and compuTRnet will notify the Client immediately of the violation. The second violation of this policy may, at the discretion of compuTRnet, result in the Client's account(s) being terminated without notice and a maximum $250 clean-up/disconnection fee.

Copyright Restrictions

It is the responsibility of the client to ensure that all information within their account is their own work! Due to distribution rights of shareware programs, clients may not distribute freeware software programs unless the programs are their own work! Copyrighted materials include art, graphics, music and other works. MP3 is a popular file format for encoding music. While we do not ban MP3s, we do ask that any MP3s you have on your website are not in violation of any copyrights. Copyrighted material, in any format, cannot be placed within client's account without providing compuTRnet proof of Written Permission prior to such material being placed on the client's account. Clients agree to indemnify compuTRnet of any possible litigation involving trademark or copyrighted materials. The best rule to follow is not to copy work from someone else unless you have been granted Written Permission to use these materials on your website.

Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer, and can involve the ISP in litigation and possible loss of reputation. compuTRnet therefore does NOT tolerate copyright infringement on our servers, period! If any account places compuTRnet's business or reputation at risk, the account will be terminated immediately and without refund!

Client agrees not to modify any copyright notices in features (Perl programs, etc.) provided by compuTRnet. Modification of scripts provided by compuTRnet without written permission is strictly prohibited.

Violation of any part of this Copyright Restrictions policy will result in, at the discretion of compuTRnet,the Client's account(s) terminated immediately without notice and without refund, and a maximum $500 clean-up/disconnection fee being charged to the account.

All of compuTRnet's web site is copyrighted by compuTRnet, all rights are reserved. All of compuTRnet logo images are TM registered and belong solely to compuTRnet, and may not be copied or used. All compuTRnet logo's and images are embedded with our copy write ID for proof of ownership and identification purposes. Client, Resellers, Agents, Employees, agrees not to link to, copy, modify, or otherwise alter any materials used on compuTRnet's web site without prior written consent; to include all html, logo's, images, graphics, music (midi or wav files), forms, and various other site content. This copy write notice extends to all future, current and former clients, affiliates, and employees of compuTRnet. Any notice of copy right infringement(s) should be addressed to compuTRnet.com for full investigation. The best policy is to think and ask before you take! Any violations of this copy right notice will result in immediate termination of an account.

Bandwidth Theft:

Bandwidth theft against compuTRnet server(s) is strictly forbidden. Bandwidth theft is the linking to images, etc...that reside on compuTRnet servers. Client agrees not to 'link to' any images, html, or other materials used on compuTRnet's web site or server without expressed prior written consent. compuTRnet practices a 'zero tolerance' policy for Bandwidth theft. Clients whose accounts are found in violation of this policy may, at the discretion of compuTRnet, have their account(s) terminated without notice and are subject to a maximum $500 bandwidth/clean-up/disconnection fee.

Emulator/ROM Restrictions

Client agrees not to store Game-emulators or ROMs within their account. These emulators/ROMS commonly violate copyright law and therefore are not allowed at compuTRnet. Any emulator(s), or programs that will allow you to play certain ROMs for a specific game console or computer or ROM(s), (read only memory) game cartridges in binary format are prohibited. If these programs are found within the Client's account, it may, at the discretion of compuTRnet, result in the Client's account(s) terminated without notice and a maximum $200 clean-up/disconnection fee.

Excessive Usage :

Client agrees to take all responsibility for all programs including CGI scripts, file downloads, file transfers executed under their account. Programs that consume an excessive amount of CPU run time or Random Access Memory (RAM) are not permitted. Client agrees and understands that such excessive use can have an adverse effect on the performance of the webserver. Client agrees to accept responsibility for programs executed under his/her account, regardless of who authored the program. The use of cgi or html chat scripts or pages is strictly prohibited. compuTRnet provides two (2) acceptable chat programs for clients at no charge. compuTRnet reserves the right to suspend accounts without notice to clients who violate these terms. compuTRnet has sole discretion over what constitutes excessive usage.

Programs provided by compuTRnet as an installable feature are not exempt from this policy. While every efforts is made on compuTRnet's end to ensure the program it provides are efficient, problems with excessive usage on particular programs may occur. Violations of this policy may, at compuTRnet's descretion, result in the termination of an account without notice, and without refund. A clean-up/disconnect fee of $250.00 may be applied for violations to this policy.

Export Control Violations

The law limits the ability of persons to export encryption software, over the Internet or otherwise, to points outside the United States.

Other Activities, whether lawful or unlawful, that we determine to be harmful to our customers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet.

We have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the customer. We will not, as an ordinary practice, monitor the communications of our customers to ensure that they comply with our policy or applicable law. When we become aware of harmful communications, however, we may take any of a variety of actions. We may remove information that violates our policies, implement screening software designed to block offending transmissions, or take any other action we deem appropriate, including termination of a customer's contract with us.

Payments, Pre-Authorized Payment and Billing Procedures :

By placing an order for Web Hosting Services, all credit card orders MUST agree for compuTRnet to submit the charge to a Clients credit card. By placing an order for Web Hosting Services with compuTRnet, either by online order form, fax, email or telephone orders, Clients give authorization for compuTRnet to charge the appropriate charges to the Clients supplied credit card number. It further serves as a Clients legal signature of credit card charges to be initiated, wether by online order form, email, fax or phone order. compuTRnet may at any time require that a Client sign an actual Charge Slip prior to account setup or renewal!

By placing an order for web hosting with compuTRnet, clients thereby further agree to and authorize automatic account renewal and authorize compuTRnet to make automatic debits for renewal procedures as follows.

On your renewal date, your credit card will be charged the monthly fee (minus setup fee) that you chose at setup times the number of months in your account term. For example, a client that signed-up a 6 month account on 2/18 would be up for renewal on 8/18 of the same year, at which time his or her credit card would be automatically charged for renewal of account. Domain registration renewal will be 2 years from signup date and you will be charged the rate domain registration rate current as of that date. Thereafter, domain registration fee will be charge on your anniversary date. Signing of this legal document serves as Clients authorization and signature to initiate a charge to Clients credit card for services, and litigates approval signature for renewal charges to be applied to that same credit card. Refusal of this policy may result in cancellation of Clients account. Credit Card fraud will be reported to the authorities and legal counsel.

VII. Trademarks & Copyrights:

Client warrants that it has the right to use the applicable trademarks, if any, and grants compuTRnet the right to use such trademarks in connection with compuTRnet's service. This includes the right granted by Client to compuTRnet to advertise the Client in conjunction with compuTRnet's service.

IIX. Hardware, Equipment & Software:

The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access compuTRnet. This equipment includes a personal computer equipped with a 2400 baud modem or faster, Internet access via an ISP ("Internet Service Provider"). compuTRnet makes no representations, warranties or assurances that the Customer's equipment will be compatible with the compuTRnet service. Client understands that compuTRnet is not an ISP and therefore will not provide dial-up Internet access for the Client.

Limitations

Client is not entitled to any sort of refund due to ignorance of compuTRnet's underlying service or payment policies. This includes, but is not limited to, cancellation because of a one year payment upfront, compuTRnet not providing dial-up Internet access, problems registering or transferring any domain, U.S. top-level or foreign, getting programs (CGI scripts) or features (search engines, guest books, etc.) working on the Client's account. Accounts sold through any of compuTRnet's resellers or their resellers are not eligible for a refund from compuTRnet of any services under a money-back guarantee that is offered by the Reseller. Client may not be entitled to any sort of refund because he/she had violated any one of the restrictions outlined in the acceptable uses policy above, even if the Client provided written notice within 30 days for a service-related reason. Client will not be entitled to a refund for cancellation due to the fact that he/she did not read our acceptable uses and later learned that his/her content violates our acceptable uses. Acts of God, including but not limited to, earthquakes, thunderstorms, or fires which result in an interruption in service are exempt from the service guarantee. Because these circumstances are beyond the control of compuTRnet, the service guarantee will be void under these conditions. However, compuTRnet will make every good faith effort to reinstate service to Client as quickly as possible.

XII. Termination:

This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notwithstanding the above, compuTRnet may terminate service under this Agreement at any time, without penalty, and collect any termination fees as outlined above if the Client fails to comply with the terms of this Agreement.

Refunds: Refunds can be made available for the unused portion of your contract. Since significant discounts have been given because of our one year service agreement. As such, for each month of refund a 3% fee will be deducted.

Indemnification:

Client agrees that it shall defend, indemnify, save and hold compuTRnet.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against compuTRnet, its agents, its customers, resellers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless compuTRnet against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with compuTRnet's equipment; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold using compuTRnet's service.

XVI. Contract Revisions:

Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Client on renewal of compuTRnet service as specified in Section I, Financial Arrangements.

This Agreement constitutes the Terms of Acceptable Usage understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by both parties upon initial order and renewal of services. Modifications to this Contract may be made by compuTRnet with 30 days prior notice to clients. It is the responsibility of the client to remain informed or current policies, etc.

This Agreement shall be governed and construed in accordance with the laws of the State of West Virginia and of the Internet.

By placing an order for compuTRnet's services, both parties agree to the terms of this contract/agreement as outlined above and will therefore be legal and binding to all Clients of compuTRnet.

Note: compuTRnet may at any time, revise the Acceptable Uses Policy without advanced notice given to clients. Renewal of web hosting with compuTRnet constitutes acceptance to all modifications to the Acceptable Uses Policy and to the Contract for Web Hosting. The maximum clean-up/disconnection fee is $500.00. compuTRnet has sole discretion of any actual fee's charged (if any), not to exceed the maximum allowed amount, for terminations due to violations of our Acceptable Uses Policy and/or Service Agreement. If an account is terminated for violation(s) of this Acceptable Uses Policy, no refund(s) will be made to the client by compuTRnet. By placing an order for web hosting with compuTRnet, clients thereby agree to these terms of Acceptable Uses Policy and Service Agreement. Clients not submitting a signed TOS to our office are NOT exempt from these policies and procedures, nor exempt from this Terms of Acceptable Usage Policy.

The below signature serves as my Charge Card Signature, and serves as agreement to the above Terms of Usage Policy. Client understands that failure to submit this signed document to compuTRnet could result in termination of my account without refund.

revised 01/11/2003. All prior prints are void.

Complaints about violators of our policies should be referred to compuTRnet.com. Each complaint will be investigated.