3. All customers must maintain the accuracy of their contact information within iBizPanel. Failure to do so may result in suspension of service. RealWS is not responsible for any inability by Customer to access or use iBizPanel.

4. RealWS reserve the right to refuse service to anyone. Customers may only use our servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. We expressly forbid anyone from using servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of our management.

5. Payments are due monthly on the day that the Customer intially signed up, and RealWS dispatches e-mail invoices approximately seven (7) calendar days prior. If payment is not received by the due date, Customer's account will be suspended, and may incur a $25.00 reactivation fee at RealWS's discretion. Accounts may be deleted if they have spent eight (8) or more calendar days in a suspended state. Accounts past due may be subject to interest at the rate of 1.5% per month.

6. A $30.00 service charge applies to all returned checks, cashier's checks, or money orders.

7. Charges will be billed according to the price list currently in effect and posted within iBizPanel. Customer may cancel an account or service at any time and receive a full 30 day money back gaurantee.

8. If any invoice or portion there of is disputed, the invoice must still be paid in full by the due date. Any credits issued in resolution of the dispute will be applied to the subsequent month's invoice.

9. Customer is responsible for complying with United States federal, state, and local laws, and applicable laws of any other countries with which Customer uses the Internet to communicate. Customer may not participate in or support any illegal activities through the use of their service. RealWS does not control the content of network traffic to or from their services or network.

10. Due to the insecure nature of much of the global Internet, RealWS strongly suggests that credit card numbers or other personal information never be sent through e-mail or any other Internet service, unless proper encryption is used. Customer is fully liable and responsible for the security and integrity of their own services, including Internet servers. RealWS will not be held liable for any security breaches that may occur. Customer agrees to fully indemnify and hold harmless RealWS from any legal or financial claims that may result from a breach in the security of Customer's services.

11. If any portion of this agreement is found to contradict federal, state, or local laws, the remaining portions will remain in full force. Any and all disputes regarding or resulting from this agreement will be governed by the laws and courts of San Diego, California.

Additional terms and conditions may apply to some services; these terms are specified within the service's listing in iBizPanel. If you have any questions regarding our terms, conditions, and policies, please call RealWS at 858-974-5080.

ACCEPTABLE USE POLICY

This Acceptable Use Policy has been formulated with the following goals in mind:

• Ensure the security, reliability and privacy of RealWS's network and systems, and the networks and systems of others.

• Preserve the value of the Internet as a resource for information and free expression.

• Preserve the privacy and security of Internet users.

• Discourage irresponsible practices which degrade the usability of network resources and thus the value of Internet services.

• Avoid situations that may cause RealWS to incur legal liability.

• Maintain the image and reputation of RealWS as a responsible provider.

This Acceptable Use Policy in no way supercedes or overrides RealWS's Terms of Service.

1. RealWS operates under a strict "No Spam" policy. The sending of any unsolicited e-mail advertising messages from, to, or through RealWS's services may result in the imposition of civil liability against the sender, in accordance with California Business & Professions Code Section 17538.45. A copy of the California Business & Professions Code may be obtained on-line from http://www.leginfo.ca.gov. "Unsolicited bulk" messages include, but are not limited to, commercial advertising, informational announcements, and political or religious tracts.

2. The following activities are expressly prohibited, and may result in account suspension or termination:

1. Sending unsolicited bulk e-mail (UBE) which advertises a Web site, e-mail account, or other service provided by or through RealWS.

2. Making Usenet postings which advertise a Web site, e-mail account, or other service provided by or through RealWS, to any newsgroup whose charter does not specifically allow such advertisements.

3. Sending UBE or posting advertisements to Usenet (except where specifically allowed by newsgroup charters) from a service provided by or through RealWS.

4. Hosting "spam-friendly" Web sites, including spam software sites.

5. Harrassment, whether through content, frequency, or size of e-mail or Usenet messages.

6. Sending e-mail to any person who does not wish to receive it. If a recipient asks to stop receiving email, the Customer must immediately and permanently cease to send that individual any further e-mail.

7. Forwarding or otherwise propagating chain letters or "e-mail hoaxes," whether or not the recipient wishes to receive them, unless such propagation is both solicited and in the clear context of debunking or discrediting chain letters/hoaxes.

8. Transmitting any electronic communication, including e-mail, using the name or address of another person or organization, for purposes of deception.

9. Impersonating another individual by altering source IP address information, or forging e-mail/Usenet headers or other identifying information.

10. Any attempt to fraudulently conceal, forge, or otherwise falsify one's identity in connection with use of the service.

11. Any use of another party's electronic mail server to relay e-mail without express permission.

12. Collecting replies to messages sent from another Internet service provider, where those messages violate this Acceptable Use Policy or any applicable policies of the other provider.

13. Denial of Service, including, but not limited to, any form of Internet packet flooding, packet corruption, or abusive attack intended to impact the proper functioning of any party's Internet servers or services.

14. Using RealWS's network, services, or systems to store or send content which is illegal according to the laws of United States of America, the state of California, the city of San Diego, or any International treaties respected by the United States of America, is not permitted for any reason.

Storing or sending any material deemed either illegal or inappropriate for our networks, including but not limited to child pornography related material, pirated software or music, all spam-related materials including e-mail lists, is grounds for immediate termination. Note also that any child pornography related material, whether it is determined to be legal or not. This includes simulated child pornography, non-nude child pornography, or sites linking to such material. Offenses of this nature will be reported to the federal authorities and prosecuted to the fullest extent of the law.

15. Using or storing any type of software which is designed to or is likely to abuse or negatively impact Internet service, including, but not limited to, portscanners, hacking tools, ping flooding programs, security/root exploits, packet sniffers, and spam software.

16. Modifying, changing, or obscuring the MAC (Media Access Control) or IP (Internet Protocol) address(es) of servers or services. Doing so may be considered cause for service suspension or termination.

17. Intercepting or attempting to intercept, through any method, network traffic intended for other customers.

18. Running proxy servers, such as squid or BNC, unless they are available only to users whose verified contact information is known by the proxy operator and can be disclosed to RealWS or law enforcement authorities upon request. All usage of such services must be brought to the attention of the RealWS security team and cleared by the Security Manager before you begin running such services.

19. Any previous or current behavior, such as the sending of unsolicited e-mail, that results in the addition of RealWS to any e-mail blackhole lists, or otherwise negatively impacts the overall services of RealWS, is grounds for termination.

20. All e-mail lists operated by our customers, either advertising resources on our networks or being sent through our networks, must conform to the double opt-in standards. For more information regarding double opt-in lists and standards, please click here.

These terms and conditions are current as of 03/21/2002.
If you have any questions regarding these terms,
please contact RealWS by email at terms@realws.com
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