WEB HOSTING SERVICE AGREEMENT

Promotech Inc. provides web hosting to numerous clients, which means that we have a responsibility to protect each client and to provide the best services available. The following guidelines were established to ensure these crucial obligations are met.

These Policies, Guidelines, and Disclaimer are intended for all domains residing on Promotech Inc. servers, including regular hosting clients, resellers, and their clients. We ask that all clients reselling our hosting services in any way, including those providing non-virtual hosting services, implement these same Policies, Guidelines, and Disclaimers into their own web sites to ensure that the same are understood and met by their clients.

Traffic Restrictions:

Our packages are all designed to allow for bandwidth maximums, each dependent upon the package that you have chosen for your domain. None of our packages come with unlimited bandwidth. When your site/s exceed bandwidth parameters, we must monitor bandwidth usage and adjust your billing histories accordingly. Right now, when we find a domain has exceeded their bandwidth allotment, we incur a charge to the users account.

Unacceptable Activities:

These include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email 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 web site hosted by Promotech Inc. by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mailbombing (inundating a user with email without any serious intent to correspond), generating a higher volume of outgoing mail than a normal user (20% or more of available system resources), and subscribing someone else to an electronic mailing list without that person''s permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distributed unsolicited email. 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@promotech.net. We also do not allow sites selling spamware.

Age. The client must be 18 years of age to obtain our service.

Abuse of the legal rights of others:

Examples of unacceptable activities in this regard include posting private information about a person without their consent, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers. Promotech 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, Promotech Inc. will not substitute itself for a court of law in deciding tort claims raised by the third party.

Abuse of the law:

Promotech Inc.''s services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG''s, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. Promotech Inc. reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

Pornography:

Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable use of Promotech''s servers.

Abuse of Promotech Inc.''s Server Resources:

Running programs in the background on a Promotech Inc.''s server without Promotech Inc.''s prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of Promotech''s servers. Further, any usage of twenty percent (20%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds twenty percent (20%) of system resources, you will be contacted and asked to eliminate the problem.

Hacking/Cracking:

Promotech Inc. reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.

Other Behaviour:

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@promotech.net. Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network Attempt 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. Use of Promotech''s 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 knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell 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 Promotech Inc. to provide this knowledge or support outside matter specific to Promotech''s servers.

Backups:

Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implies, 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 any information. If loss of data occurs due to an error of Promotech Inc., Promotech Inc. will attempt to recover the data for 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, Promotech Inc will attempt to recover the data from the most recent archive for a $100.00 fee.

IP Numbers:

Promotech 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:

Promotech Inc. shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise Promotech''s servers going off-line or being unavailable for any reason whatsoever. Further, Promotech Inc. shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Promotech''s servers. All damages shall be limited to the immediate termination of service.

Promotech Inc. reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.

Violations of these Policies should be referred to abuse@promotech.net

All complaints will be investigated promptly.