Terms of Service 1. General Information As a provider of web site hosting and other Internet-related services, Webpage Handyman offers its clients the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Webpage Handyman respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Webpage Handyman reserves the right to take certain preventative or corrective actions as they comply with all regulated legalities. In order to protect these competing interests, Webpage Handyman has developed this Terms of Service ("TOS"), which supplements and explains certain terms of each client's respective service agreement and is intended as a guide to the client's rights and obligations when utilizing Webpage Handyman's services. This TOS will be revised from time to time. A client's use of Webpage Handyman's services after changes to the TOS are posted on Webpage Handyman's web site, http://www.webpagehandyman.com/, will constitute the client's acceptance of any new or additional terms of the TOS that result from those changes. One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Webpage Handyman cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that users may acquire. For this reason, the user must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Webpage Handyman cannot monitor or censor the Internet, and will not attempt to do so, Webpage Handyman cannot accept any responsibility for injury to its users, clients or subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When users or clients disseminate information through the Internet, they also must keep in mind that Webpage Handyman does not review, edit, censor, or take responsibility for any information its users, clients or subscribers may create. 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 Webpage Handyman's network and may reach a large number of people, including but not limited to clients, subscribers and non-subscribers of Webpage Handyman, clients' and subscribers' postings to the Internet may affect other clients and subscribers and may harm Webpage Handyman's goodwill, business reputation, and operations. For these reasons, clients and subscribers violate Webpage Handyman policy and the service agreement when they, their clients, affiliates, or subsidiaries engage in activities described herein. It's the client's responsibility to choose the right package; there is no trial time for any of the packages. When payment has been made and cleared, your account will be promptly created. Please review aspect of your decision and decide the appropriate package for yourself. 2. Purpose The purpose of this TOS is to enhance the quality of the Services and to protect Webpage Handyman's clients, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This TOS applies to each Client and its employees, agents, contractors or other users of such Client who obtain Services from Webpage Handyman (each such person being a "User"). Each User should use common sense and good judgment in connection with the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet. 3. Prohibited Uses. Clients and users may not: a. Utilize the Services to send unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Webpage Handyman, but also because it can overload Webpage Handyman's network and disrupt service to its Clients subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Webpage Handyman has the absolute and sole discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list. b. Utilize the Services in connection with any illegal activity. Without limiting the general application of this rule, Clients and Users may not: i. Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization. ii. Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party. iii. Utilize the Services to traffic in illegal drugs, illegal gambling or other any products or services that are prohibited under applicable law. iv. Utilize the Services to export encryption software to points outside the United States in violation of applicable export control laws. v. Utilize the Services to Forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. vi. Utilize the Services in any manner that violates applicable law. c. Utilize the Services in connection with any tortuous or actionable activity. Without limiting the general application of this rule, Clients and Users may not: i. Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person's consent or (C) otherwise violates the privacy rights of any person. Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit or offer services that are illegal under applicable law. ii. Utilize the Services in connection with any other disruptive or abusive activity. 4. Without limiting the general application of this rule, Clients and Users may not: a. Clients of Webpage Handyman may not provide false information (name, address, etc), if found that the client has provided false information, Webpage Handyman will determine the appropriate action to take with the client. b. Utilize the Services to cause denial of service attacks against Webpage Handyman or other network hosts or Internet users or to otherwise degrade or impair the operation of Webpage Handyman's servers and facilities or the servers and facilities of other network hosts or Internet users. c. Post messages or software programs that consume excessive CPU time or storage space. d. Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or auto responders other than for the User's own account. e. Utilize the Services to resell access to CGI scripts installed on Webpage Handyman's servers. f. Utilize the Services to subvert, or assist others in subverting, the security or integrity of any Webpage Handyman systems, facilities or equipment. g. Utilize the Services to gain unauthorized access to the computer networks of Webpage Handyman or any other person. h. Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code. i. Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous re-mailers or Internet nicknames). j. Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services. k. Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator). l. Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or Spam. m. Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or Spam. n. Utilize the Services in any manner that might subject Webpage Handyman to unfavorable regulatory action, subject Webpage Handyman to any liability for any reason, or adversely affect Webpage Handyman's public image, reputation or goodwill, including, without limitation, sending or distributing hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Webpage Handyman in its sole discretion. o. Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons. 5. Violations a. Webpage Handyman expressly disclaims any obligation to monitor its Clients and other Users with respect to violations of this TOS. Webpage Handyman has no liability or responsibility for the actions of any of its Clients or other Users or any content any User may post on any Web site. b. Reporting Non-Copyright Violations. Webpage Handyman encourages Users to report violations of this policy by e-mail to: abuse@webpagehandyman.com, including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, Spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail. c. Reporting Copyright Violations. Webpage Handyman complies with the Digital Millennium Copyright Act ("DMCA"). Webpage Handyman encourages Users to report an alleged copyright infringement involving a user by sending a notice that complies with the DMCA which information is located under the Legal section of this website. d. If Webpage Handyman learns of a violation of this TOS, Webpage Handyman will respond to the applicable Client and in Webpage Handyman's sole discretion, take any of the following actions, in accordance with the severity and duration of the violation: i. Suspend the offending Client from the Services. ii. Terminate the offending Client from the Services. iii. Impose fees or charges on the offending Client account in accordance with the applicable service contract. iv. Remove the offending content. v. Take other action in accordance with this TOS, the applicable service contract or applicable law. e. Webpage Handyman will charge a minimum of $200 USD for each fruadulent account that may be connected to you. 6. Reservation of Rights Webpage Handyman reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving Webpage Handyman's Services, Clients and other Users. Webpage Handyman reserves all other rights to respond to violations of this TOS to the extent of applicable law and in accordance with any applicable contractual obligations. Webpage Handyman may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this TOS and each Client agrees that Webpage Handyman is authorized to monitor its communications through Webpage Handyman's network for such purposes. 7. Adult site supplemental TOS 8. Force Majeure: Webpage Handyman will not be liable for failure or delay in performing its obligations if such a failure or delay is due to circumstances beyond its reasonable control, including without limitation, acts of any governmental body, war, sabotage, fire, flood, strike , interruption or delay in transportation or telecommunications or third party services (including DNS propagation), failure of a third party software or hardware. This includes inability to obtain supplies or power used in or equipment needed to provide Webpage Handyman services. 9. Revision: We may revise this Terms of Service without prior notice. Such changes will be posted on this page. You are responsible for reviewing the online Terms of Service to stay up to date of any changes. Revised: April 2006 (version 1.0)