The EnterTheNet Web Services Statement of our Terms of Service ("TOS") is provided to give our customers and users a clear understanding of the services EnterTheNet Web Services agrees to furnish to the Subscriber. All users of EnterTheNet Web Services: those who access some of our services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with the documented TOS (Terms of Service) and our Acceptable Use Policy (AUP).

IMPORTANT NOTICE: *All Payments To EnterTheNet Web Services  for Domain Registration(s) and for Dedicated Servers Are Non-Refundable*

EnterTheNet Web Services ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of service(s) provided by EnterTheNet Web Services constitutes acceptance and agreement to EnterTheNet Web Services AUP as well to the TOS (Terms of Service) documented herein.

All provisions of this contract are subject to the TOS (Terms of Service) of EnterTheNet Web Services and our AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company.

The subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Texas, County of Harris and County of Dallas, with the laws of the Commonwealth of Virginia, County of Roanoke, and with the laws of the state of Ohio, City of Columbus, applicable to contracts enforceable in these states. Venues are located in one, more, or all of the aforementioned cities, counties, and states.

1. Disclosure to Law Enforcement:

   The AUP specifically prohibits the use of our service for illegal activities. Therefore, the Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition EnterTheNet Web Services shall have the right to terminate all service set forth in this Agreement.

2. Service Rates:

   Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

3. Payment:

   Establishment of this service is dependent upon receipt by the Company of payment of stated charges by our authorized retailers or by other means specified on our website. Subsequent payments are due on the anniversary date of the month for that month's service. The above applies to all accounts and services provided by EnterTheNet Web Services.
   
   2Checkout.com, Inc. (www.2co.com) is an authorized retailer for EnterTheNet Web Services.
   

4. Payments and Fees:

   Subscriber acknowledges that their hosting plans/domain registration will automatically renew at same price until you cancel. Service will be interrupted on accounts that reach 10 days past due. Service interruptions for nonpayment are subject to a $20 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by EnterTheNet Web Services may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS of by those specified by our authorized retailers.

5. Refund Policy and Disputes:

   All payments for domain registration and dedicated servers provided by EnterTheNet Web Services are nonrefundable regardless of usage. Charges for shared and semi-dedicated hosting plans are not refundable after 15 days in accordance with our 15 day money back guarantee. You may cancel your account at any time before your monthly billing date, and you will not be billed for the next month.
   
   If you are paying annually for custom contracted web site hosting services, we will issue a pro-rata refund for months not used. Refunds are approved for custom contracted accounts under 120 days of the date and time the original transaction was settled. All refunds after the 120-day period will be rejected.
   
   All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.

6. 15-Day Money back Guarantee:

   All of EnterTheNet Web Services's web hosting plans are backed by a 15 day money back guarantee. If you are not completely satisfied with our services or support within the first 15 days of your contract, you will be given a full refund of the contract amount excluding setup fees (if any), domain registration fees, addon/upgrade fees and overages. For all web hosting clients who cancel, the full contract amount less any setup fees and overages will be refunded if EnterTheNet Web Services is notified within the first 15 days following activation. No refund is available after the 15th day. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, domain registration fees, etc. Due to security concerns, all account cancellations must be accomplished using the measures specified by our authorized retailers (if your purchase is made through an authorized retailer) or by using our online help desk found at the URL http://www.enter-the.net/?Support:Help_Desk or by clicking the tab labeled "Support" on our website. All requests for cancellation will be answered by our Customer Service department in the form or a confirmation email. You must reply to this email to confirm you cancellation. This email will only be sent to the email address that is listed in our customer records. Phone requests will not constitute an acceptance of any cancellation. Refunds will be made to your credit card within 2 billing cycles after receipt of your request for cancellation.
   

7. Failure to Pay:

   The Company may temporarily deny service or terminate this Agreement upon the failure of the Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. If you subscribed to our hosting plan though an authorized retailer and if we get notice from that authorized hosting plan reseller, without the Subscriber requesting account cancellation, and if we get notice from that authorized retailer regarding your subscription cancellation, we have full right to suspend your hosting account until the subscription is reinstated. EnterTheNet Web Services does not host websites with cancelled subscriptions.
   

8. Account Cancellation:

   Requests for canceling accounts may be made by using our Help Desk System.
   
   You must provide all account information to cancel you account including your name, registered email address, domain name, and account user name. When you enter your request for cancellation, you will receive an email verifying your request. Our Customer Service staff will then contact you at the email address we have on file to request confirmation of cancellation for security purposes. The date and time of you initial request will be used for determining if the request for cancellation was made within the initial 15 days (to be eligible for our money back guarantee) or before the beginning of the next billing cycle if you confirm you cancellation. If you have subscribed through an authorized retailer, you must also cancel your subscription through the methods, services, and facilities offered by the retailer to prevent being billing for the next month's services.
   
   Non-usage of hosting account, account inactivity, moving your domain/site to another host, and phone requests will not constitute acceptance of any cancellation. For information on refunds please see the heading "Refund Policy and Disputes".

9. The Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. The Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

10. Transfer of Domains Registrar:

    New webhosting accounts which involve the transfer of a domain from another provider/ registrar to EnterTheNet Web Services (www.enter-the.net) will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by EnterTheNet Web Services on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

11. SPAM and Unsolicited Commercial Email (UCE):

    EnterTheNet Web Services takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply, this means that customers of EnterTheNet Services, whether direct or through an authorized retailer, may not use or permit others to use our network to transact in UCE. Customers of EnterTheNet Web Services may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
    

    1. Violation of EnterTheNet Web Services' SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, EnterTheNet Web Services will initiate an immediate investigation (within 48 hours of notification). During the investigation, EnterTheNet Web Services may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, EnterTheNet Web Services may, at its sole discretion, restrict, suspend or terminate customer's account. Furthermore, EnterTheNet Web Services reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. EnterTheNet Web Services will notify law enforcement officials if the violation is believed to be a criminal offense. Please note that EnterTheNet Web Services is headquartered in the Commonwealth of Virginia and all all violations deemed to be a criminal offense under Virgnia's extremely strict anti-SPAM laws will be reported immediately to the Commonwealth's Attorney and the Attornry General of the Commonwealth of Virginia as prescribed under law.

    2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that EnterTheNet Web Services personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

    3. As our Customers are ultimately responsible for the actions of their clients over EnterTheNet Web Services' network, it is advisable that Customers develop a similar, or stricter, policy for their users/clients.

    IMPORTANT NOTICE:
    
    Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server/hosting account immediately removed from our network. The server/hosting account will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server/hosting account from our network without notice to the customer. Any server/hosting account guilty of a second violation WILL be immediately and permanently removed from our network without notice.
    

12. Network
    
    
    1. Bandwidth and Disk Usage:
       

       Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). EnterTheNet Web Services will monitor Customer's bandwidth and disk usage. EnterTheNet Web Services shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in EnterTheNet Web Services' sole and absolute discretion. If EnterTheNet Web Services takes any corrective action under this section, the Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, EnterTheNet Web Services may, at its sole discretion, collect a deposit, in an amount determined by EnterTheNet Web Services.

    2. System and Network Security:
       

       Users are prohibited from violating or attempting to violate the security of EnterTheNet Web Services' Network. Violations of system or network security may result in civil or criminal liability. EnterTheNet Web Services will investigate occurrences, which may involve such violations and 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.
    
    
13. Notification of Violation:
    
    

    1. EnterTheNet Web Services is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

    2. First violation: Any User, which EnterTheNet Web Services determines to have violated any element of our Terms of Service (TOS) or Acceptable Use Policy (AUP), shall receive an email, warning them of the violation. The service may be subject at EnterTheNet Web Services discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

    3. Second Violation: Users that EnterTheNet determines to have committed a second violation of any element of or Terns of Service (TOS) or Acceptable Use Policy (AUP) shall be subject to immediate suspension or termination of service without further notice.

    4. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

14. Suspension of Service or Cancellation:

    EnterTheNet Web Services reserves the right to suspend network access to any customer if in the judgment of EnterTheNet Web Services' network administrators the customer's server is the source or target of the violation of any of the other terms of our TOS or AUP or for any other reason which EnterTheNet Web Services 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.

15. Amendments and Changes to our Terms of Service an Acceptable Use Policies:

    EnterTheNet Web Services reserves the right to amend its policies at any time. All Sub-Networks and managed servers of EnterTheNet Web Services must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described within these Terms and Conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and Conditions or otherwise called Acceptable Terms of Use Policy.

16. Indemnification:

    EnterTheNet Web Services wishes to emphasize that in agreeing to EnterTheNet Web Services' Acceptable Use Policy (AUP) and Terms of Service (TOS), the Customer indemnifies EnterTheNet Web Services for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to EnterTheNet Web Services or the bringing of any claim against EnterTheNet Web Services by any third-party. This means that if EnterTheNet Web Services is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against EnterTheNet Web Services, plus all costs and attorney's fees.

17. LIMITATION OF LIABILITY:

    EnterTheNet Web Services shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from EnterTheNet Web Services' servers going off-line or being unavailable for any reason whatsoever. Furthermore, EnterTheNet Web Services 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 EnterTheNet Services' servers. All damages shall be limited to the immediate termination of service. Violations of our Terms of Service and Acceptable Uses Policies should be referred to abuse@Enter-The.Net.All complaints will be investigated promptly.

18. Miscellaneous Provisions:
    
    

    1. You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

    2. A waiver by the Company of any breach of any provision of this Agreement by the Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provisionthereof.

    3. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to the Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

    4. EnterTheNet Web Services takes no responsibility for any material input by others and not posted to EnterTheNet Web Services' Network by EnterTheNet Web Services. EnterTheNet Web Services is not responsible for the content of any other websites linked to EnterTheNet Web Services' Network; links are provided as Internet navigation tools only. EnterTheNet Web Services disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

    5. EnterTheNet Web Services is not responsible for any damages your business may suffer. EnterTheNet Web Services does not make implied or written warranties for any of our services. EnterTheNet Web Services denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by EnterTheNet Web Services.

    6. It is absolutely forbidden to host pornographic content or IRC servers on Shared or Virtual Server Accounts. Shared or Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

19. Responsibility for Content:

    You, as EnterTheNet Web Services' subscriber or customer, are solely responsible for the content stored on and served by your EnterTheNet Web Services server.