1. CREATIVES RETURN POLICY
   IMPORTANT: We will NOT return any creatives or documentation - DO NOT SEND ORIGINALS.
   When we are finished with it, it is destroyed.  Do not give us your only copy of graphics, photos, documentation etc. make a copy before submitting any material to us.
     
2. METHOD OF SUBMISSION POLICY:
   All material should be sent electronically or via overnight/2nd day mail.

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1. INVOICING METHOD:
   We always invoice for design or maintenance work electronically in .pdf (adobe acrobat) format. If you cannot read PDF files, please CLICK HERE to download the FREE Acrobat Reader.
       
   WE DO NOT INVOICE FOR HOSTING FEES - it is requested that you sign up for auto billing. Sites which are more than 14 days late are subject to being suspended.
      

2. CREDIT CARD PAYMENT OPTIONS:
   You may pay online or via telephone with MasterCard / Visa / American Express and Discover.  This all takes place on secure servers. You will be automatically sent an email receipt of your transaction - please print and save this for your records.  You may also contact us via telephone to pay via credit card.
       

3. CHECK POLICY:
   We no longer accept personal checks - we accept cashier's checks or money orders only, and they MUST be received within 5 days of the invoice or agreed upon due date, or if for hosting 5 days PRIOR to your due date.
     
   COMPANY CHECKS:
   We MAY choose to accept business/company checks from specific regular clients, however the following terms apply to any approved businesses/organizations we agree to accept checks from:
   
   1) PAYMENT DUE:
       Company checks (if applicable) MUST be received within 5 days of the invoice or agreed
       upon due date, or if for hosting 5 days PRIOR to your due date
   
   2) IF YOUR CHECK BOUNCES:
       You must make that payment via OVERNIGHT CASHIER'S CHECK or MONEY ORDER ONLY
       and you must add $25.00 to the amount due for our Bounced Check charge.  You will have 24
       hours to make payment upon date of email sent to notify you.  YOU will be solely responsible
       for the cost of sending the payment via Fed-Ex (DO NOT SEND PRIORITY OR POSTAL SERVICE
       MAIL as it is not true overnight mail!  ONLY FED-EX or other actual overnight service is acceptable.)
   
      IMPORTANT:  If a second check bounces from your organization, not only must you pay the fee & follow the
       procedure above but you may be due for damages of treble the amount.  Additionally no further
       company or business checks will be accepted from your organization.
       

4. RECEIPT OF PAYMENT POLICY:
   Payment is due upon receipt of invoice and MUST be received within 5 business days - Late payments may be subject to a Late Fee in addition to amount owed.

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We provide web hosting to many clients, & have a responsibility to protect each client & provide the best services available. The following guidelines were designed to insure these services.

NOTE: Our policies below are in effect for all customers; hosting, design or otherwise.

HOSTING POLICIES:

• Content:
  All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening, obscene, demeaning to others, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.
  
  Note:  Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited.
  
  In addition any site selling or promoting Bulk email services is not allowed.
    
• Examples of non-acceptable content or links:
  Pirated software, Hackers programs or archives, Warez Sites, Irc Bots, Mp3 if being illegally distributed.  We will be the sole arbiter as to what constitutes a violation of this provision.
    
• Traffic Guidelines
  Due to the unique resource characteristics and traffic patterns associated with certain types of sites, the following are limited to 3 gigs of free traffic: Shareware, sound, video, image and multimedia archives, Mirror sites, Distribution points, Any site whose primary purpose is file distribution
    
• CGI Scripts
  Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning.
    
• Background Running Programs
  Background daemons in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will be assessed based on resources on system maintenance needed.
    
• IRC
  We currently do not allow IRC or IRC bots to be operated on our servers.
    
• Commercial Advertising - Email:
  Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. Advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $150 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy.
  
  As such, any violation will result in immediate deactivation of services without refund.
    
• Server Abuse:
  Any attempts to undermine or cause harm to a server is strictly prohibited.

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• Indemnification:
  Customer agrees that it shall defend, indemnify, save and hold Eeeek-NET Association, LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Eeeek-NET Association, LLC, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Eeeek-NET Association, LLC against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Eeeek-NET Association, LLC server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.
     
• Refusal of Service:
  We reserve the right to refuse or cancel service at our sole discretion, at any time, and without notice.
    
• Disclaimer:
  Eeeek-NET Association, LLC will not be responsible for any damages your business may suffer. Eeeek-NET Association, LLC makes no warranties of any kind, expressed or implied for services we provide. Eeeek-NET Association, LLC disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Eeeek-NET Association, LLC and its employees. Eeeek-NET Association, LLC reserves the right to change or update policies without notice.  It is the customer's responsibility to be familiar with our current Payment Terms and Service Policies at any given time.
   
• If any terms or conditions are failed to be followed it may result in account deactivation.

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Eeeek-NET Association, LLC makes its servers available to subscribers of its Virtual Hosting services, but does not necessarily endorse any of the items published through its servers. 

Eeeek-NET Association, LLC reserves the right to refuse to serve the Web presence materials of any existing Customer making inappropriate or unreasonable use of Eeeek-NET Association, LLC's services or an applicant whose planned Web presence activities are deemed to have the potential of creating negative impact on Eeeek-NET Association, LLC's abilities to serve its customers. 

The appropriateness and reasonableness of use, and potential of negative impact to Eeeek-NET Association, LLC of customer's materials are matters which shall be determined in Eeeek-NET Association, LLC's sole judgment. 

The term "Web presence materials" is defined as data of any form that can be delivered by Eeeek-NET Association, LLC's Web presence software and hardware resources, including but not limited to its Web server software, hardware, and Internet link. 

Examples of inappropriate or unreasonable use:

• providing copyrighted materials without authorization 
• providing obscene or offensive materials (e.g. graphic and racist materials) 
• providing materials whose nature and/or volume compromises the ability of Eeeek-NET Association, LLC's servers to serve other users' Web presence materials, instances including but not limited to unreasonable consumption of disk space, Internet link bandwidth, CPU, and memory usage, as determined by Eeeek-NET Association, LLC. 
• providing materials that violate the commonly accepted etiquette of the Internet 
• providing materials that are deemed by the government authorities as inappropriate or illegal. Any such government determinations will be binding on the Customer, not Eeeek-NET Association, LLC. 
• sending out Unsolicited Commercial Email (UCE) or Unsolicited Business Email (UBE), both also known as spam via any one of Eeeek-NET Association, LLC's mail servers, or sending out UCE/UBEs from other ISPs' mail servers in an attempt to entice new visitors to your web site(s) hosted at Eeeek-NET Association, LLC. 

Customers notified of inappropriate or unreasonable usage who fail to correct the situation can lose their Virtual Hosting service. Eeeek-NET Association, LLC reserves the right to monitor the use and all materials made available by its subscribers, for purposes of assessing the appropriateness and reasonableness of use and potential negative impact to Eeeek-NET Association, LLC of customer's materials. 

E-Mail Acceptable Use Policy

Customers and affiliates of Eeeek-NET Association, LLC Internet Services are prohibited from using Unsolicited Commercial Email (UCE) and Unsolicited Bulk Email (UBE) as a means of advertising data or services hosted on Eeeek-NET Association, LLC's network, or using the network to distribute such materials. Infringements of this policy can result in termination of service. Customers and affiliates will be held responsible for the actions of their employees in this matter, so it would be best for Customer or affiliate to implement a similar or stricter policy. Please review the information at http://spam.abuse.net for more information on what constitutes UCE, or 'Spam.' Harassment, whether through language, frequency, or size of messages, is prohibited. 

These rules also apply to other types of Internet-based message distribution. 

Do not send out any Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (also known as spam). We do not want to conduct business with anyone who does unsolicited bulk mailings. 

Spam-tising your website, i.e. sending out unsolicited bulk email promoting your site at Eeeek-NET Association, LLC but using another ISP's servers to transmit these messages is absolutely prohibited. These prohibitions also encompass newsgroups and public mailing lists and bulletin boards. Do not flood newsgroups or public mailing lists. Even bulk emails with "opt-out" instructions (e.g. those conforming to Section 301, Paragraph (a)(2)(C) of S.1618) are not permitted. 

Customer will be held liable for such infringement even if the spamming action was done by a third party for Customer's benefit. (i.e. if your advertising agency or one of your employees does the spamming, you would still be held responsible. If a sublessee of your site spams, accountability still remains with you.) 

In summary, mass e-mailing is prohibited except in those cases where the recipient is a current, active customer of yours or has signed up on an opt-in email list. You will need to be able to present irrefutable proof of the foregoing if a recipient challenges you on this. 

Failure to observe the above-mentioned restrictions may result in:

• an immediate suspension of your account, with full forfeiture of all setup and remaining fees. 
• recovery of all costs incurred by Eeeek-NET Association, LLC to undo any disruptions caused by the transmission of the UCE. Currently, State of California statutes allow us to recover USD $50 per individual message sent, up to a maximum of USD $25,000 daily, plus legal costs. 
• our submission of the spammer's domain name(s) to all anti-spam blocking databases, making the domain virtually unusable even when the spammer transfers to another provider. 

If an account or Domain Name has been suspended it can only be reinstated when an e-mail is received from the account or Domain Name owner. 

The e-mail must, in the infringer's own words, explain (explanation e-mail): 

• Why the SPAM incident or other Abuse incident occurred;
• If applicable, display understanding of why mass mailing is forbidden; 
• Commit to incident not occurring again. 

The same party that deals with incoming SPAM or Internet Abuse complaints will be the first arbiter in making a decision as to whether or not the account should be reinstated. 

In making a decision the arbiter shall take into consideration: 

• The authenticity of the e-mail (is it really from the address from which it purports to be); 
• The nature of the response and the understanding and commitment exhibited therein; 
• The history of Abuse on that Domain; 
• To the extent known, the history of Abuse by that customer across different domains. 

As mentioned above, by sending UCE's, we understand a spammer exposes himself to the following legal liabilities: 

In California, the recovery penalties as prescribed above, i.e. USD 50 per individual message sent up to a maximum of USD 25,000 daily, plus legal costs. Furthermore, the State of California criminalized the use of forged headers with penalties up to 1 year in prison and a $5000 fine. Note that the California statute applies to any message that is routed through network facilities located in the state, whether or not the spam originated in California. It also applies if the site being promoted is hosted on a server in California. So, this includes all Eeeek-NET Association, LLC hosted sites. 

Note that putting up a disclaimer stating that the email was sent in accordance to HR 3113 or proposed Section 301 is not acceptable. It may not dissolve you of any liability. Not only you would still be violating your service contract with Eeeek-NET Association, LLC, but you may still be violating parts of several states' commercial law codes. 

Special Warnings for International Use 

Recognizing the global nature of the Internet, Customer agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, Customer agrees to comply with all applicable laws regarding the transmission of technical data exported from the country in which Customer resides.
    

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