PLEASE READ THIS CAREFULLY! Customers may only use eSpyderWeb Design Group, Inc., services for lawful purposes. Our acceptable use policy is one of zero tolerance. eSpyderWeb Design Group, Inc., reserves the right to immediately discontinue service to customer without liability, refund, or continuance of any prepaid service fees. Customer's continued use of our services indicates acceptance and agreement to this Terms of Service and Acceptable Use Policy.

The following are unacceptable uses and shall be cause for the immediate termination of web services without notice to the customer:

Illegal Activity:

Unauthorized distribution or copying copyrighted software, violation of US export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities. eSpyderWeb Design Group, Inc., reserves the right to report such illegal activities to any and all-regulatory, administrative and/or governmental authorities for appropriate prosecution.

Net Abuse:

Spamming (sending unsolicited advertising to numerous e-mail addresses or newsgroups and/or generating a significantly higher volume of outgoing e-mail than a normal user), spoofing (using a return e-mail address which is not the valid reply address of the sender or sending an e-mail message which does not contain enough information to enable the recipient to identify the party who is really sending the message), passive spamming (promoting a website hosted by eSpyderWeb Design Group, Inc., by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mailbombing (inundating a user with e-mail without any serious intent to correspond), mail-bombing (sending multiple messages without significant new content to the same user) and subscribing someone else to an electronic mailing list without that person's permission are examples of net abuse.

Posting information, violating trademarks, copyrights or other intellectual property rights or intentionally inflicting emotional distress, posting of private, defamatory, scandalous, or information about a person without their consent violates our AUP. In all instances, eSpyderWeb Design Group, Inc., reserves the right to determine what defines the term 'Net abuse'.

Any customer repeatedly "mailbombed" or that attracts such behavior will be asked to leave. If you are not sure if your actions will be in violation, please ask first (abuse@eswdg.com).

Misuse of System Resources:

Attempting without authorization to enter into a secured computer system. Hacking or otherwise altering of a site owned and operated by another person. eSpyderWeb Design Group, Inc., reserves the right to report such illegal activities to any and all-regulatory, administrative and/or governmental authorities for appropriate prosecution.

Running programs in the background on a eSpyderWeb Design Group, Inc., server without eSpyderWeb Design Group, Inc., prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of eSpyderWeb Design Group, Inc., servers. Further, any usage of ten percent (10%) or more of our system resources is an undue burden on our system and is unacceptable. Usage of scripts or other utilities to direct pointed domain names to subdirectories is not permitted and is grounds for termination of the account.

eSpyderWeb Design Group, Inc., supports free speech on the Internet, and will not suspend or cancel a customer's account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customer's on-line activity has violated the legal rights of a third party, eSpyderWeb Design Group, Inc., will not substitute itself for a court of law in deciding tort claims raised by the third party.

The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask abuse@eswdg.com.

Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network. Attempts to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.

Client Responsibility:

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of eSpyderWeb Design Group, Inc., service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, C, Shell scripts, permissions, etc.

Mail:

A use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of eSpyderWeb Design Group, Inc., to provide this knowledge or support outside matters specific to eSpyderWeb Design Group, Inc., servers.

eSpyderWeb Design Group, Inc., shall be the sole arbiter of what is and is not a violation of these acceptable use policies. eSpyderWeb Design Group, Inc., reserves the right to terminate an account at any time and for any reason that causes harm to any eSpyderWeb Design Group, Inc., customer's websites. eSpyderWeb Design Group, Inc., reserves the right to delete all content and files upon termination. eSpyderWeb Design Group, Inc., reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. eSpyderWeb Design Group, Inc., reserves the right to refuse, cancel, or suspend service at our sole discretion.

Backups:

Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and information. If loss of data occurs due to an error of eSpyderWeb Design Group, Inc., eSpyderWeb Design Group, Inc., will attempt to recover the data with no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, eSpyderWeb Design Group, Inc., will attempt to recover the data from the most recent archive at a charge of $75/hour.

IP Numbers:

eSpyderWeb Design Group, Inc., maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

Limitation of Liability:

eSpyderWeb Design Group, Inc., shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from eSpyderWeb Design Group, Inc., servers going off-line or being unavailable for any reason whatsoever. Further, eSpyderWeb Design Group, Inc., shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any website from one of eSpyderWeb Design Group, Inc., servers.

Indemnification:

Customer agrees to indemnify and hold eSpyderWeb Design Group, Inc., and its affliates harmless in any legal action, which arises as a result of your use of our services, without exception or limitation. This indemnification extends to all issues associated with your account, including but not limited to domain name selection abd website content.

99.9% Uptime Guarantee:

If during any one month your website is not on-line and available 99.9% of the time eSpyderWeb Design Group, Inc., will, upon request, refund or credit your account with the pro-rata portion of the hosting fees paid represented by the outage. This guarantee only applies to outages caused by eSpyderWeb Design Group, Inc., or its backbone providers.

In order for you to receive a credit on your account, you must request such credit within ten (10) business days after you experienced no website availability. You must request credit by sending an electronic mail message to support@eswdg.com For security, the body of this message must contain your account number, the dates and times of the unavailability of your website, and such other customer identification requested by eSpyderWeb Design Group, Inc.,. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event that there is no website availability.

Payment for Services:

eSpyderWeb Design Group, Inc., may, in its sole and exclusive discretion, immediately suspend or terminate your Services without notice to you if you fail to to pay for any Services when due. eSpyderWeb Design Group, Inc., may charge a Fifty Dollar ($50.00) fee to reinstate any Service that has been suspended or terminated. You agree to pay eSpyderWeb Design Group, Inc.'s collection costs, including reasonable attorneys' fees, if eSpyderWeb Design Group, Inc., is required to take action to collect any amounts that you fail to pay when due pursuant to this Agreement.

Restrictions:

Credits shall not be provided to you in the event that you have no website availability resulting from (i) scheduled maintenance at eSpyderWeb Design Group, Inc., (ii) your behavior or the performance or failure of your equipment, facilities or applications, or (iii) circumstances beyond eSpyderWeb Design Group, Inc., reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your website.

eSpyderWeb Design Group, Inc., reserves the right to change the Acceptable Use Policy without prior notice or warning. eSpyderWeb Design Group, Inc., reserves the right to terminate service without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent.

Violations of these Acceptable Uses Policies should be referred to abuse@eswdg.com.

All complaints will be investigated promptly.