Legal Terms

COPYRIGHT & TRADEMARK INFRINGEMENT
Users shall not copy, reproduce, or publish any material subject to copyright or trademark protection unless User is the owner of such copyright or mark or has obtained valid written permission to use same from the lawful owner. In no event shall RandomBytes, its employees, agents and representatives be liable for an infringement on any copyright or trademark caused by or resulting from the activities of any User. In the event that it comes to the attention of RandomBytes that a copyright or trademark has been misappropriated by a User, RandomBytes reserves the right to immediately terminate, without notice or compensation, all Services available to that User, including, if applicable, the cancellation of all Services to the Subscriber under which the User gained access. In no event however shall RandomBytes be deemed to have assumed any duty or responsibility to monitor any Account for such misappropriation or infringement. All Subscribers warrant that at no time shall they permit the infringement or misappropriation of any copyright or trademark.

ACCEPTABLE EMAIL USAGE
No customer of RandomBytes shall send spam mail for any reason, whether using RandomBytes network or any other network, including independents or spamming services. Any customer of RandomBytes who is involved in spamming in any way shape or form may be terminated without notice at the sole discretion of RandomBytes. Further, RandomBytes network, access points and email servers may not be used for the relaying of email with the email source being outside of the RandomBytes network and the destination also being outside of the RandomBytes regardless of whether the email source is a current customer of RandomBytes or not. In addition, RandomBytes customers may not use RandomBytes' network, access points or mail servers to send out spam mail. Any and all violations of this clause will result in a charge of US $5.00 plus any applicable sales tax per email recipient. This specifically includes the use of an email address/box on RandomBytes' service, the use of RandomBytes' name or registered domain names or trademarks, the use of Web Storage on RandomBytes servers as a 'return address' or reference in such a spam, regardless whether such spam originates from RandomBytes network or elsewhere and/or the use of RandomBytes network in any form including solely as an access point to originate, relay or otherwise cause or further the sending of such mail.

Currently, pornography in the United States is based on a community standards test which is difficult to apply to the Internet. Arguably, if an item would be considered pornographic in any community (US or otherwise) in which a member has a connection to the Internet, it is conceivable that the item could be considered legally as pornographic, at least in so far as that community is concerned. Accordingly, RandomBytes requests that Users employ extreme caution and conservative judgment in posting, receiving or transmitting images or other material that potentially may be deemed legally as pornographic or obscene. In no event shall RandomBytes be liable for any such posting, receipt or transmission by or to its Users. In the event that it is brought to the attention of RandomBytes that pornographic posting, receipt or transmission by a user is occurring, and that a Court of competent jurisdiction has determined that such material or like material is pornographic under the law or that a prosecutorial official has determined that the specific material is unlawful, RandomBytes reserves the right to immediately terminate, without notice or compensation, all Services available to that User, including, if applicable, the cancellation of all Services to the Subscriber under which the User gained access and/or to remove the offending material from its Web Servers. In no event however shall RandomBytes be deemed to have assumed any duty or responsibility to monitor Services for such posting, receipt or transmission by a User or any material therein or judge the legal merits of same.

PRIVACY AND USE OF DATA
RandomBytes reserves the right to assemble, organize, compile and disseminate data about its users in general or specific groupings or categories that are not individual user identifiable. All such data and compilations shall be the sole property of RandomBytes. While RandomBytes shall use best efforts to protect the privacy of its customers and Users, RandomBytes shall not be liable in the event of a violation of such privacy. The User is cautioned that security on the Internet is in its infancy and advises all Users to not place, post, communicate or otherwise make accessible any confidential or private information in any manner unless the User is satisfied of the security of the connection.

VIRUS PROTECTION
All Users, Subscribers and other customers of RandomBytes shall take all necessary steps and procedures to insure that no virus or other electronic crippler is transmitted to or through the Network. RandomBytes will use best efforts to maintain its products and services virus free, however in no event shall RandomBytes be liable for any damage resulting from any virus or electronic crippler transmitted or received by any user.

The fees and charges for the Services shall be as published on the RandomBytes Web Site at http://www.RandomBytesnet.com/prices.htm. Any change in fees or charges shall be effective on the next regular billing date for the subject Account after the date of first posting. Each Subscriber shall promptly pay all invoices upon receipt. In the event payment is not made within twenty (20) days of invoice, RandomBytes reserves the right to terminate any and all Accounts of the Subscriber. In the event of termination of an account secured by a credit card or an outstanding balance in excess of sixty days from date of invoice, User expressly authorizes RandomBytes to charge said card with all outstanding fees and charges then due. In the event that a credit card secured account is terminated and the User desires reinstatement, the User will be required to submit a credit card for automatic deduction for service and other account charges. In the event that an Account is terminated and Subscriber desires to reinstate the Account, the Subscriber agrees to pay all accrued charges then due together with a pre-payment equal to two months estimated invoicing for the Account(s) to be reinstated.
Until the Account is terminated by RandomBytes, the obligation for fees shall continue unless otherwise terminated by the Subscriber in accordance with this Agreement. Subscriber agrees that in the event that any payment is not honored by any bank or financial institution upon which payment was drawn, including any credit card account, Subscriber shall pay to RandomBytes $20.00 for each and every instance of such dishonor. For purposes of determining the date or sufficiency of payment and any resulting termination and/or reinstatement, dishonored payments shall be treated as if no payment was made by Subscriber.

A Subscriber may terminate an Account at any time by written notice to RandomBytes, which will be effective upon the conclusion of the last period for which payment has been made, including any prepayment

RESALE PROHIBITED
It is a breach of this Agreement for any person or entity to solicit, offer, advertise or promote the availability of RandomBytes Services in any manner or to resell such products and services to others under their own name, unless such person is an authorized reseller pursuant to an Authorized Re-Seller Agreement with RandomBytes.

GENERAL HOSTING ACCOUNT TERMS
These terms are in addition to, and not in lieu of, any other rules or terms contained elsewhere in this Agreement. RandomBytes shall provide for connectivity of the Web Site to the Internet, and shall provide without limitation all telecommunications equipment and connections to the Web server to allow public web browser access on a twenty four hour a day, seven day a week basis (except during scheduled maintenance downtime) and shall use its best efforts to ensure that the Web Site remains available in excess of 99 percent availability at all times except for scheduled maintenance downtime. While RandomBytes will use best efforts to maintain the operation and integrity of its servers on which Web Sites reside, RandomBytes shall not be liable for any damages, whether actual or consequential resulting from the loss, destruction or corruption, in whole or part, of any data, function, code, script or page residing on its servers. RandomBytes hosting accounts come with a monthly data transfer allowance of 6 GB. This allowance is per month; any account that surpasses the allowance is subject to a surcharge of $15.00 per GB per month. Web Sites placed on RandomBytes servers remain the responsibility and property of the Subscriber submitting the page, including but not limited to the uploading, testing and maintenance of the Web Site, unless other arrangements are made in advance or unless the terms of the particular Hosting Account provides otherwise. All specifications for Hosting Accounts shall be published on the RandomBytes Web Site and are subject to change without prior notice to Subscribers. In the event a Web Site or its contents is in violation of this Agreement, RandomBytes reserves the right to immediately remove same without notice and without liability of any kind and restrict or eliminate access to its server(s) to the Subscriber. In the event that the continued maintenance of a Web Site on any server of RandomBytes may result, in the sole opinion of RandomBytes, in a significant decrease in the operation or functionality of that server or otherwise significantly affect any aspect of the operations of RandomBytes, in whole or part, RandomBytes reserves the right to remove the Web Site from its server or limit, restrict or prohibit access to same. The providing of, and limitations to, FTP access to Subscribers or their designated webmasters shall be solely at the discretion of RandomBytes. It is a breach of this Agreement for any Subscriber to permit or allow access to a third person or entity to place pages in any space provided by RandomBytes for that Subscriber, without the prior written permission of RandomBytes. A noncommercial Web Site is any site that does not offer goods or services for sale; advertise, endorse or otherwise promote a product or service; or solicit or invite donations, contributions, or payments of money or things of value, whether tangible or intangible. RandomBytes reserves the right to designate, change or modify at any time the directories or locations within which such pages are placed and to limit FTP access to its servers. All Web Sites that do not meet the above definition of noncommercial Web Sites are deemed to be commercial.

LIMITATION OF LIABILITY AND INDEMNIFICATION
RandomBytes, it's subsidiaries and affiliates shall not be liable for any damages except as otherwise set out in this Agreement, sustained by any user or subscriber relating in any way to the Services, including but not limited to: consequential, resulting or other damages whether pecuniary or otherwise, including attorneys fees, costs of court or associated expenses, or damages arising from mental anguish, libel or slander, violation of any right to privacy, copyright or trademark infringement, trade restriction, tariff or treaty or the violation of any city, county, state or federal law, rule or regulation. This limitation shall include without limitation violations of any law, rule or regulation of any country or other governmental body or entity, including all such administrative, judicial and legislative subdivisions thereunder where such governmental body or entity is currently recognized by the United States of America or the United Nations as a sovereign body or entity ("Country"). RandomBytes' sole liability shall be limited to the then existing fee charged for one month of for a PPP Account. Each User and Subscriber of the Services agrees to fully and completely indemnify RandomBytes, its employees, agents and representatives from any and all damage or injury including attorneys fees and costs sustained by RandomBytes resulting from the acts of the User and/or Subscriber in relation to any use of the Services by User or Subscriber. Each Subscriber agrees that any User of that Subscriber's Account shall abide by this Agreement and that the Subscriber shall assume full and complete responsibility and undertake this indemnity for all instances of use through Subscriber, unless such use is unauthorized, in which it will be Subscriber's burden to demonstrate that such use was unauthorized and that the Subscriber had in place prior to the occurrence, reasonable protective measures to prevent unauthorized use of Subscriber's Account. Employees and agents of Subscriber are deemed to be authorized for all purposes unless RandomBytes is otherwise instructed to the contrary in writing.

DISPUTE RESOLUTION
In the event of any dispute, claim, question, or disagreement arising out of or relating to this Agreement or the breach thereof, the parties shall use their best efforts to settle such disputes, claims, questions, or disagreement. To this effect, they shall consult and negotiate with each other, in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to all parties. If they do not reach such solution within a period of sixty (60) days, then upon notice by either party to the other, disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration rules as then in effect.

GOVERNING LAW This Agreement shall be governed exclusively by the laws of the State of Georgia.





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