Introduction
The primary purpose of Eccentrix Dot Com is to facilitate communication with the numerous computer networks commonly referred to collectively as "the Internet."

It is Eccentrix Dot Com's intention to allow Eccentrix Dot Com users complete access to everything the Internet has to offer, with minimal or no interference from Eccentrix Dot Com.

However, many of the individual networks or portions of the Internet have specific guidelines for use. As the Internet expands, it is increasingly common for Web Hosting Company, such as Eccentrix Dot Com, to be blocked from use of another organization's systems due to violations of that system's guidelines. Because Eccentrix Dot Com runs multi-user systems, actions of one Eccentrix Dot Com customer can have a severe impact on other customers' ability to use the system(s). This is unfair to all Eccentrix Dot Com users.

To this end, Eccentrix Dot Com has developed these Acceptable Use Policies (AUP). They are intended to inform Eccentrix Dot Com's Customers of what Eccentrix Dot Com considers to be acceptable conduct in relation to the Internet, and to inform Customers what actions Eccentrix Dot Com may take, with or without notice, in the event that Eccentrix Dot Com becomes aware of inappropriate use of Eccentrix Dot Com's service. This AUP will be used to help Eccentrix Dot Com system administrators deal with complaints from users of Eccentrix Dot Com or other Internet-connected systems, and to determine when action should be taken. All Eccentrix Dot Com Customers are required to follow the policies set forth herein. These policies are drawn from applicable law and generally accepted standards of Internet conduct, and are intended to ensure protection of Eccentrix Dot Com's technical resources, ability to continue to provide high quality service to its customers, and the protection of Eccentrix Dot Com's reputation as a service provider.

ACCESS TO Eccentrix Dot Com's INTERNET SERVICE IS PROVIDED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

1. Warranties/Disclaimers
Eccentrix Dot Com Internet service is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Eccentrix Dot Com Internet service or any information or software therein. You release Eccentrix Dot Com from and Eccentrix Dot Com shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the Eccentrix Dot Com Internet services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by Eccentrix Dot Com's own negligence. Without limiting the generality of the foregoing, Eccentrix Dot Com disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the Eccentrix Dot Com services. Notwithstanding the foregoing, should a court determine that Eccentrix Dot Com is liable to one of its customers for any reason, in such event Eccentrix Dot Com's aggregate liability shall not exceed the amount paid by you to Eccentrix Dot Com for the Eccentrix Dot Com Internet services. Use of any information obtained via Eccentrix Dot Com's Internet service is at the user's own risk. Eccentrix Dot Com specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

2. Security
The Customer is responsible for all use of the Customer's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. Eccentrix Dot Com will suspend access or change access to Customer's account(s) as soon as reasonably possible following notification by Customer that Customer's password has been lost, stolen or otherwise compromised. Eccentrix Dot Com is not liable for any usage and or charges prior to Eccentrix Dot Com making the necessary account alteration. Electronic mail on this system is as private as our policies and software allow. Eccentrix Dot Com's Customers are reminded that no computer network can ever be considered completely safe from intrusion. E-Mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted - and even encrypted information is only as secure as the encryption method utilized.

3. Personal Files
Eccentrix Dot Com is not responsible for any Customer's personal files residing on Eccentrix Dot Com. The Customer is responsible for independent backup of the Customer's data that is stored on Eccentrix Dot Com. Eccentrix Dot Com reserves the right to delete any Customer 's personal files after one or both parties terminates the service agreement between Eccentrix Dot Com and the Customer.

4. Non-Transferability of Account The right to use Eccentrix Dot Com's Internet service is not transferable. Use of Eccentrix Dot Com accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address.

5. Network Address Ownership
Any network address assignments issued by Eccentrix Dot Com (i.e., IP addresses and Class C address space) are the property of Eccentrix Dot Com and are considered to be loaned to its customers. In the event service with Eccentrix Dot Com is discontinued for any reason, such addresses will revert to Eccentrix Dot Com. If a Customer of Eccentrix Dot Com participates in a service of Eccentrix Dot Com which provides for a unique Domain Name System (DNS) entry, the Customer will retain ownership of the assigned Domain Name, but no t the IP address to which it was assigned by Eccentrix Dot Com.

6. Compliance with all Laws
Customer agrees to use the service in a manner consistent with any and all applicable laws, rulesand regulations of the United States of America and the Customer's locality. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. The Customer agrees that any material to be reproduced or transmitted on Eccentrix Dot Com's service through Customer 's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. Software intended to facilitate any such violations or infringements may not be stored on Eccentrix Dot Com. The Customer shall defend, indemnify and hold harmless Eccentrix Dot Com from and against any claims, liabilities and expenses, including attorney fees, resulting from any Customer's use of the Eccentrix Dot Com service or a Customer's account in an unlawful manner or otherwise in violation of or contrary to the Customer's Agreement with Eccentrix Dot Com or Eccentrix Dot Com's Acceptable Use Policies. At Eccentrix Dot Com's discretion, Eccentrix Dot Com may revoke any Customer's access to Eccentrix Dot Com services or accounts for inappropriate usage.

7. Unacceptable Conduct
The following types of conduct are grounds for immediate suspension of service pending investigation by Eccentrix Dot Com and may result in termination of the account(s) if the investigation determines Customer originated or transmitted these types of traffic. In addition, Eccentrix Dot Com reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a Eccentrix Dot Com Customer as described in (a) and (b) below before such postings are forwarded:

(a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate).

(b) Sending unsolicited mass E-Mailings (i.e., to more than 25 users) which provoke complaints from the recipients.

(c) Engaging in either (a) or (b) from a provider other than Eccentrix Dot Com and using an account on Eccentrix Dot Com as a mail drop for responses, or to draw attention to a web site housed within Eccentrix Dot Com's networks.

(d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and/or by Eccentrix Dot Com.

(e) Mail bombing, i.e., sending large volumes of unsolicited E-Mail to individuals or to individual business accounts.

(f) Impersonating another user or otherwise falsifying one's user name in E-Mail, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)

(g) Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.

(h) Use of IRC bots or clonebots on Eccentrix Dot Com, whether on IRC servers controlled by Eccentrix Dot Com or by other parties. An IRC bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.

(i) Network unfriendly activity: Attempts to interfere with the regular workings of Eccentrix Dot Com's systems or network connections or which adversely affect the ability of other people or systems to use Eccentrix Dot Com services or the Internet, including, but not limited to:

(i) any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other Eccentrix Dot Com system;

(ii) any use of this or any other Eccentrix Dot Com system as a staging ground to disable other systems.

(j) Any activity which violates the laws or statutes of the United States.

(k) Any Explicit material such as Pornography or links to Pornography are strictly prohibited and any account found serving anything of such material will be suspended immediately.

8. Excess Utilization of System or Network Resources
Eccentrix Dot Com account descriptions in some cases may specify limits on bandwidth, CPU and disk utilization for certain types of Customers. In the event Eccentrix Dot Com determines that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits, the Customer will be notified by E-Mail. If the excess use continues for more than 48 hours after such notification, the Customer may be requested to modify the activity creating the excess use. If excessive bandwidth, CPU or disk space utilization is determined by Eccentrix Dot Com to adversely affect Eccentrix Dot Com's ability to provide service for all customers, immediate action may be taken to alleviate the problem. In such event, the Customer will be notified by E-Mail as soon as practicable.

9. Compliance with Rules of Other Networks
In addition to complying with AngelCities AUP and rules, Customer must also comply with the rules for any other network connected to Eccentrix Dot Com's Internet service.

10. Monitoring/Privacy
Eccentrix Dot Com reserves the right to monitor any and all communications through or with Eccentrix Dot Com facilities. Customer agrees that Eccentrix Dot Com is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for Eccentrix Dot Com employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. Eccentrix Dot Com also reserves the right to access a Customer's mailbox or other files stored on Eccentrix Dot Com systems to resolve system problems or mail system errors.

11. Cooperation with Authorities
Eccentrix Dot Com reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence or other illegal activity.

12. Confidentiality of Personal Subscriber Information
Eccentrix Dot Com will not release a Customer's personal subscriber information, nor a Customer's billing information, to any third party except upon presentation of a valid court or agency. Customer agrees that Eccentrix Dot Com's judgment as to the validity of any court or agency order or subpoena shall be considered proper and final. Notwithstanding the foregoing, AngelCities reserves the right to release Customer information to law enforcement or any other authority with jurisdiction over a matter if AngelCities reasonably determines that Customer is, directly or indirectly, participating in or facilitating any illegal activity or other activity calculated to harm other Customers of Angel Cities or other network cites. Eccentrix Dot Com reserves the right to release Customer information to third parties if Eccentrix Dot Com reasonably determines that the Customer’s actions directly or indirectly harm said parties.

12.1 Members must agree to accept our email messages as part of their service. We only use email to inform you of new membership benefits and features, to let you know of urgent problems on our site, and to present special members-only opportunities to buy products and services that are appropriate to the interests of our Communities. And we keep these messages to a minimum.

13. Eccentrix Dot Com's Right to Suspend or Cancel Account
Eccentrix Dot Com reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of Eccentrix Dot Com that the Customer may be performing activities harmful to Eccentrix Dot Com or its Customers, employees, vendors, business relationships or any other users of the Internet.

14. Right to Damages
Eccentrix Dot Com reserves the right to seek damages from any Customer for any injury to its software, hardware or for man hours if the actions of such Customer cause any harm to Eccentrix Dot Com, which requires repair or reconfiguration of any kind.

15. Other Remedies/Non-Waiver
Eccentrix Dot Com reserves the right to take any additional actions Eccentrix Dot Com may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Eccentrix Dot Com system. Nothing contained in these policies shall be construed to limit the actions Eccentrix Dot Com Internet service mat take, including without limitation levying cancellation charges to cover Eccentrix Dot Com's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, Eccentrix Dot Com reserves at all times all rights and remedies available to Eccentrix Dot Com with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and Eccentrix Dot Com reserves the right to enforce such policy or rule at its sole discretion.

16. Eccentrix Dot Com's Right to Change or Discontinue Service Eccentrix Dot Com reserves the right to change or discontinue without notice the Eccentrix Dot Com Internet service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

17. Eccentrix Dot Com's Right to Modify its Acceptable Use Policies Eccentrix Dot Com may modify its Acceptable Use Policies upon notice published online via Eccentrix Dot Com. Customer's use of Eccentrix Dot Com services after such notice shall constitute Customer's acceptance of the modifications to these policies.

18. Indemnifications
Customer agrees to defend, indemnify and hold harmless Eccentrix Dot Com and its owners, officers, shareholders, directors, employees, affiliates and subsidiaries from and against any and all claims, demands, liabilities, proceedings, damages, injuries, losses, costs and expenses (including, without limitation, reasonable attorneys fees) arising out of or relating to:

(a) Any acts or omissions by Customer undertaken in connection with the Internet page, including, without limitation, those arising out of or related to any breach of:

(i) any Customer warranties, representations, or covenants hereunder;

(ii) inaccuracy of any information, including false advertising claims and unfair competition claims; or

(iii) claims and investigations made by any Federal or State agency arising out of information contained on the Customer's Internet page: or

(b) Violations of any third-party intellectual property rights, or any claim of infringement, misappropriation or violation of a right of a third party (including, without limitation, a trade secret claim, a defamation or libel claim, or an obscenity claim).

19. Miscellaneous Provisions

19.1 - Prevention of Performance
The parties shall not be liable for any delay or failure of performance of this Agreement if such failure is caused by acts of God, war, governmental decree, power failure, judgment or order, strike, communications failure, equipment of software malfunction, or other circumstances, whether or not similar to the foregoing, which are beyond the reasonable control of such party.

19.2 - Entire Agreement
This instrument embodies the whole agreement between the contracting parties. There are no promises, representations, conditions, or terms other than those contained herein.

19.3 - Severability
The provisions of this Agreement are severable. If any provision is determined by a court of competent jurisdiction or a governmental regulatory entity to be invalid or unenforceable, in whole or in part, that provision shall be construed or limited in such a way as to make it enforceable, consistent with the manifest intentions of the parties. If such a construction or limitation is not possible, the unenforceable provision will be stricken, and the remaining provisions of this Agreement will reamin valid and enforceable.

19.4 - Amendments
No modification, change, or alteration of this Agreement shall be effective unless such modification, change or alteration is made in accordance with the other terms of this Agreement.