All payments must be mailed to be made payable and mailed to: Celerity Systems PO Box 6220 Fullerton, Ca. 92834-6220 Any Questions about your account, you can e-mail us using the Contact page on http://www.celhost.com or phone us at (714) 268-6627 Celerity Systems Web Hosting Acceptable Use Policy Payment of your hosting charges and any subsequent billing acknowledges your acceptance of these terms. These terms are subject to change without prior notice. It is your responsibility to periodically check this page for any updates or changes to the AUP. To report violations of the AUP, please contact abuse@celhost.com 1. Under no circumstances will the action of SPAMMING be tolerated. You are expressly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening E-mail is also prohibited. Violators will have all services immediately terminated and no refunds will be issued. To report this type of violation please forward E-mail with full headers to abuse@celhost.com 2. All content that you upload to this server will be considered to be your own intellectual property. Celerity Systems will hold no copyright claims to your electronic files. 3. You may not post, publish, illustrate or upload any material that violates or infringes on the copyright, intellectual property rights or trademark rights of any individual or organization. This includes, but is not limited to, all sound and video files/formats, images, and text media. This also applies to linking directly to illegal files or other sites that offer any illegal material. 4. You may not post, publish, illustrate or upload any material that is grossly offensive to the general on-line community, including but not limited to, exploitation of children, blatant expressions of bigotry, hatred, harassment, defamation, invasion of privacy. This includes material that defames, abuses, harasses or threatens any person or group. 5. Adult content is not allowed on the Celerity Systems servers. Adult content is considered to be anything that contains nudity, pornography, or sexual material of a lewd, lecherous or obscene nature and intent, or that violates local, state, national or international laws. 6. Celerity Systems reserves the right to remove material(s) from the server(s) that are in violation of these terms and discontinue service to any person(s) in violation of these terms. 7. You are solely and fully responsible for the contents of your web space and backing up those contents on a regular basis. Any and all repercussions will be born solely by you as the account holder. Celerity Systems will not be held responsible or accountable for any materials published, stored or otherwise held in your web folder. 8. Celerity Systems makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the hosting service. 9. Celerity Systems will not be held liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use Mirror Images service(s) or any content thereon. 10. Users are prohibited from violating or attempting to violate the security of the servers. Violations of system or network security may result in civil or criminal liability. Celerity Systems will investigate occurrences and violations which may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. These violations include, without limitation: 1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. 2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. 3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". 4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. 5. Taking any action in order to obtain services to which such User is not entitled. 6. Shell and Telnet access are disabled on ALL servers. The use of an external script (CGI, PHP or other) to enable shell access is forbidden. 11. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record. 12. Celerity Systems reserves the right to change or amend this Acceptable Use Policy at any time and without prior notice. It is your responsibility to be familiar with these guidelines in the event that they change at any future time. 13. You may terminate or cancel hosting at any time by requesting termination by phone or customer support web site at http://www.celhost.com/support.php. Your account will be cancelled at the end of the current month. Exceptions include receiving request after 5pm on Friday or last business day of a week due to any event that shortens the typical work week. In these cases, cancellation might not occur until the end of the following month. The E-mail Address on the cancellation request MUST MATCH that of the Account. 14. Suspension of Service or Cancellation: Celerity Systems reserves the right to suspend network access to any customer if in the judgment of the Celerity Systems Web Hosting network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Celerity Systems chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended. Billing Policies 1. Hosting invoices are issued the FIRST DAY of the month preceding the service month. Invoices for design, web site maintenance and other non-hosting services are issued upon completion of the work or service. 2. Accounts that are setup for payment via check are due no later than the 10th of the month. Hosting payments are charged to your credit card, and will be billed in the first week of the month. 3. Payments not received by due date will have a 10% late charge added to unpaid balance for each billing period payment is not received. 4. Hosting accounts not paid in full by the start of business on the 10TH day of the service month will have their ftp, website & E-mail services suspended until full payment plus late charges is received. 5. If payment is not received prior to midnight on the 20th day of the month, a $15 fee will be charged to reconnect suspended hosting services. Full payment of past due balance and reconnect fee are due before site is reconnected. 6. Hosting accounts not paid in full within 40 days of original due date will have all services terminated. Termination of service does not relieve you from debts incurred while your site was configured on our servers. All material on our servers will be removed. We reserve the right to refuse service for nonpayment. 7. Accounts 60 days or more past due will be turned over for collection. 8. Celerity Systems reserves the right to discontinue all services to any account that has had three or more late payments in any 12-month period. 9. Cancellation of hosting service will be made on hosting accounts that do not have a negative balance. Refunds will not be made in the case of website termination for violation(s) of services. Set up fees and domain registration or renewal fees are nonrefundable. 10. THERE IS A $30.00 CHARGE FOR RETURNED CHECKS.