GENERAL PROVISIONS

The Provider (Chilihost) agrees to supply to the Customer (the individual entity who has obtained service provided by Provider as well as any corporate entity whom the individual may represent) with Web Site Hosting as prescribed on Provider's web site located at http://www.chilihost.nl or http://www.chilihost.com and in any applicable Client Order signed by Client and Provider. The Customer agrees to all technical and billing requirements as set forth on said web site as well as the terms set forth on the Terms of Service page as well as in the Customer Order and to this Acceptable Use Policy set forth herein and hereafter referred to as "AUP").

The Customer covenants and agrees to abide by the AUP as specified herein, in addition to all future revisions that are publicly posted on the Provider's web site. Due to the ever-changing nature of the Internet, Customer fully understands and accepts the responsibility of keeping abreast of changes in the Agreement. RESPONSIBILITY FOR CONTENT

The Customer understands that Provider is not responsible for any conduct, content, goods and services that are or may be available through the Internet or the Provider's services. Furthermore, the Customer understands that Provider is not responsible for the accuracy or quality of any information obtained through the Internet.

The Customer agrees to comply with all applicable laws, rules and regulations in connection with Customer's use of the Service. The Customer agrees not to upload, transmit, or post copyrighted material, including trademarks or protected material to the Internet without express authorization or purchased license of the owner(s) or person(s) owning the copyrighted material. Customer understands that the Provider is a "service provider" as defined in the Digital Millennium Copyright Act, and therefore has no responsibility for the content of Customer's web sites. The Customer understands that if a copyright complaint is received by the Provider, Customer will receive notice of the complaint and will be given reasonable time to respond to the complaint. At any time, the Provider may, at its sole discretion, require a copy of any and all legal documentation showing rightful ownership, or licensed distribution for any item displayed on the Customers web site so as to resolve any copyright or other legal claims that may arise. If Customer is unable to provide ownership or licensing information to the complaining party and/or Provider, then Customer must remove the objectionable material, or face having the applicable pages taken down by Provider.

The Customer agrees to keep its site free of any illegal content including, but not limited to threats of physical harm to persons or property, programs containing viruses, pirated software, child pornography and violations of international export control laws.

The Customer shall be solely responsible for the development, operation and maintenance of its online businesses and/or sites and all contents and materials appearing online or related to Customer's products and services, including without limitation (a) the accuracy and appropriateness of content and materials appearing on customer's web pages, or within customer's business, and on customer's products; (b) ensuring that the content and materials appearing within the online business or related to the product or service do not infringe upon the rights of any third party; and (c) ensuring that the content and materials appearing within the website or related to Customer's products and services are not libelous or otherwise illegal. Customer is solely responsible for the final calculation of and application of shipping, sales tax and any other taxes related to Customer's business or website. Customer will also be solely responsible for accepting, processing, and filling customer orders, and for handling any customer inquiries or complaints arising there from. Customer shall also be solely responsible for the security of any of its customer information, including credit card numbers.

Customer shall also be responsible for any and all licenses for any software scripts or other electronic media installed on Customer's server, and shall provide Provider with a copy of same upon demand.

COMPLIANCE WITH APPLICABLE LAW

It is Customer's responsibility to comply with all laws, rules and regulations that apply to Customer's Web site, and Provider is not responsible with advising Customer as the laws that may or may not apply to Customers' website. Customer is urged to review the law that is applicable to their business and to consult an attorney, with any questions Customer may have.

UNSOLICITED COMMERCIAL BULK EMAIL

The Customer agrees not to use the facilities and capabilities of the Provider to solicit the performance of any activity that is prohibited by law or for the illegal distribution of Unsolicited Commercial Bulk Email ("UCBE"), commonly known as "spam," nor shall Customer forge or use without authorization, any mail header information.

This practice, commonly known as "spamming," is generally defined as the electronic transmission of unsolicited advertising materials to a party with whom the sender has no business or personal relationship, where the materials are not sent at the request of, or with the expressed consent of, the recipient. Failure to comply with the law and the following guidelines may result in immediate termination of Customer's site.

For Customer's information and to assist in understanding Customer's obligations, but not for the purpose of providing legal information (Customer should seek its own legal counsel), Customer needs to be aware that several states (including California, Colorado, Washington, Virginia and Nevada, among others) have passed aggressive new laws to control UCBE. The federal government also has proposed legislation before it for examination and vote.

In an effort to help the Customer comply with this new and relatively uncharted area of the law, Provider is including some minimum guidelines. These guidelines and are not intended to provide Customer with legal advice or replace Customer's own analysis of Customer's duties under the law(s) applicable to UCBE.

UCBE Guidelines, whereby Customer agrees not to:
A. Use a domain name which belongs to a third party, without that party's permission, or which is unregistered or fictitious, or
B. Take any other action which otherwise misrepresents or disguises the point of origin of the message or the path of the UCBE, or
C. Direct a UCBE to a subscriber of any Internet Service Provider ("ISP"), which prohibits such transmissions.
Customer must provide an opt out method in any email sent and that all email must comply with applicable email laws such as CAN-SPAM and other applicable international and local laws and regulations.

SECURITY

Any violation of system or network security is prohibited and may result in criminal and civil liability. Unauthorized Access of the servers is strictly prohibited. The Customer agrees not to engage in such activity or to attempt to breach the Servers for the purpose of altering or manipulating the hardware and software, compromising the Servers, or for any other unauthorized use commonly known as "hacking." In addition, Customer is prohibited from the following:

A. Any unauthorized access to or use of data, systems or networks;
B. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network;
C. Without authorization, interference with service to any user, host or network;
D. Introducing a malicious program into the network or server (e.g. viruses and worms);
E. Unauthorized us of, or forging any header or any part of the header information in an email or newsgroup posting;
F. Circumventing user authentication or security of any host, network or account;
G. Attempting to cancel, supersede or otherwise interfere with Usenet or email posts other than one's own; and
H. Using an account at another provider to promote your site with Provider in an abusive manner.

Customer is prohibited from utilizing Provider's service for the purpose of compromising the security or tampering with system resources or accounts on computers at Provider or any other site. In the event Customer is involved in violations of system security, Provider reserves the right to release information about Customer to system administrators at other sites in order to assist in resolving security incidents and Provider shall cooperate with any law enforcement agency investigating a criminal violation of system or network security.

MISCELLANEOUS

The Customer agrees and understands that any network address assignments ("IP addresses") issued by Provider to Customer shall remain the property of Provider, and are considered to be loaned to the Customer. The Customer also understands that Provider is not a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that it may be necessary for Provider to examine systems accounting logs and other records to determine if privacy violations or other network activities have occurred.

In the event that the Customer has not complied with any part of this agreement or breaches the agreement, the Provider reserves the right to alter access to the service, or to terminate the service, without notice to, or authority from the Customer, and the Customer forfeits any prepaid amounts to Provider.

Except with respect to accrued payment obligations, neither party shall be liable for any failure of performance due to causes beyond such party's reasonable control, including, but not limited to: acts of God, fire, flood or other catastrophes; any law, order, regulation, or governmental action, national emergencies, insurrections, riots or wars; unavailability of rights-of-way; or strikes or other labor difficulties not involving NationalNet, provided however, the affected party shall use commercially reasonable efforts to eliminate such event.

Any complaints regarding spam should be sent to abuse@chilihost.com. Any copyright infringement claims addressed to legal@chilihost.com.