POLICIES The following content is not allowed to be published on the My HottZone Server System: Content of a pornographic, sexually explicit, nudity or adult nature Content of an illegal nature (stolen copyrighted material, such as games, web graphics literature and MP3s.) Pirated software sites, Hate sites or content that could be reasonably considered as slanderous or libelous. Web Sites containing the above content will be Deleted. Content that is questionable: art, paintings, drawings, sculptures, original mp3s,will be decided upon by a My HottZone internet representative. Illegal Activities Customers caught using the My HottZone server system for illegal activities, including but not limited to breaking in to remote systems, credit card fraud, theft, vandalism, threats , or violence, will have their accounts immediately canceled. Right To Refuse Service My HottZone reserves the right to refuse service to anyone for any reason. We enforce this policy to ensure a pleasant and professional environment for all the users of the My HottZone server. Email Usage Policies Users sending unsolicited email messages (also known as junk email or SPAM) from the My HottZone server system will have their accounts immediately canceled. Users posting questionable content on their sites will have their web and/or Email services temporarily suspended. They will then be contacted by a My Hottzone representative and  given the opportunity to explain or remove the content in question before having their services reinstated. Repeated offense may cause cancellation of service without refund of any fees. User Agreement This User Agreement (the 'Agreement') governs the terms of the use by Client of services offered by MyHottZone. com( 'Provider'). CLIENT AGREES to receive access to the My HottZone.com Server and /or Virtual Server services according to the following terms and conditions: SERVICES Selection of Services: Client will select services offered by Provider, and agrees to receive services according to the service selected. Payment for Services: Client will pay for services provided under this Agreement by credit card authorization provided to Provider, or by money order , bank check or personal check. When initiating service, Client will be charged the published setup fee of $10 (if any) for the service plan selected, first full billing cycle, as well as a pro rated partial month charge according to the service plan for the number of days remaining in the calendar month from the time of initiation of service until the end of the month in which service is initiated. On or about the last day of every month thereafter, Client's credit card will be charged for monthly payment for services according to Provider's published schedule. If paying by check, a notice will be sent out on or about the 20th day of the last month paid for. If this Agreement is terminated on some day other than the last day of the month, Client will be obligated to pay for only the pro rata portion of the monthly service plan charge for the month in which the service is terminated. Term: This Agreement may be terminated by Client or Provider at any time without prior notice and without cause. If either party is in default under this Agreement (including nonpayment), then the non- defaulting party may also immediately terminate the Agreement without prior notice to the other party. Compliance with Law: Client will use the services offered by Provider in a manner consistent with all applicable local, state and federal laws and regulations. File Back-up: Provider is not responsible for Client's files residing on Provider's servers. Client is solely responsible for independent backup of data stored on Provider's servers. DISCLAIMER OF LIABILITY Limitation/Disclaimer of Liability: Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize. Provider does not represent or warrant to Client that Client will receive continual and uninterrupted service during the term of this Agreement. In no event shall Provider be liable to Client for any damages resulting from or related to any failure or delay of Provider to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather ,acts of God, theft or vandalism or other causes beyond Provider's control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.Indemnity: Client agrees to defend, indemnify and hold Provider harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided by Provider to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Client for publication by Provider, but excluding those related to the negligence of Provider. Resale of Provider's Service: If Client acts as a 'reseller' of the services provided by Provider to Client hereunder, by Client providing similar services to its customers, then all the terms of this Agreement shall provide to the resale. Without limiting the foregoing, Client's obligations under Section 9 ('Indemnity') shall apply to any and all claims made against Client and/or Provider which arise out of the resale of Provider's services. Governing Law/Venue: This Agreement shall be governed by the laws of the State of Minnesota. Venue for any action hereunder shall be in Hennepen County. Minneapolis , Minnesota. Taxes: If any federal, state or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by Provider to Client under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Provider may pass the direct amount of such cost on to Client, and Client shall promptly pay such cost. INTERNET Due to the public nature of the Internet, all material submitted by Client for publication will be considered publicly accessible. Provider does not screen in advance Client's material submitted to Provider for publication.Provider's publication of material submitted by Client does not create any express or implied approval by Provider of such material, nor does it indicate that such material complies with the terms of this agreement DISCLAIMER OF WARRANTIES Providers service is provided on a as is as available basis Provider specifically disclaims any other warranties, express or implied including any warranty of merchantability or fitness for a particular purpose. In no event shall provider be liable for any consequential, indirect, special or incidental damages even if the provider has been advised by the client of the possibility of such potential loss or damage if the providers service to the client is disrupted or malfunctions. For any reason, provider shall not be responsible for losses of income due to disruption of service beyond the fees paid by the client to the provider for services, during the period of disruption or malfunction. DISCLAIMER OF LIABILITY Waiver: Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement. Attorneys' Fees: If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding. IP Addresses: Provider maintains control and any ownership of any and all virtual IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all virtual IP numbers and addresses. Relationship of the Parties: The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee /employer relationship is intended.