1.0 USE POLICY AND BILLING

1.1 In Consideration of services rendered and to be rendered, the Customer guarantees the payment of all charges incurred by the Customer(s) for services provided by PixelPlace Company L.L.C. (PixelPlace) in accordance with the terms and conditions in the sign up agreement with PixelPlace.

1.2 The Customer further agrees that said account and all future charges will be paid on or before the 1st day of each month for that months service. Charges are rendered on the first day of your choice of billing cycles) and are considered delinquent after 15 days of that date due and the users account shall suspended until payment is received. There will be a 10.00 re-instatement fee assessed. Billings will be mailed between the 1st and 5th of your selected billing cycle for the CYCLES service and payment is due before the last day of the month for the service.

1.3 In case of errors or questions about a bill, the Customer is to refer queries as soon as possible to our offices in billing@pixelplace.com. The Customer must respond no later than 30 days from the billing date of the first bill on which the problem or error appeared. After this time, PixelPlace will consider the bill to be correct.

1.4 If the account becomes delinquent and it becomes necessary to forward this account to an attorney or collection agency for collection, the Customer agrees to pay an attorney's or collection agency fee for the handling of same at a rate allowed by law, plus all other costs for collection including court costs.

2.0 TERMINATION OF SERVICE

2.1 PixelPlace reserves the right to terminate all services to any customer that becomes deliquent in payments or abuses the service.

2.2 Customer understands that PixelPlace reserves the right to terminate any account for any reason and at any time. Customer's sole remedy is to receive a refund for prepaid but unused services.

3.0 CANCELLATION OF SERVICE

3.1 The Customer additionally agrees to provide PixelPlace with notice of cancellation of an account. Failure to notify PixelPlace of cancellation will not relieve the customer of payments due.

4.0 PASSWORD

4.1 The Customer will be provided with or will select an identification code (username) and confidential password for customer's exclusive use. The customer account is intended to be a single-user account except for domain hosted email accounts in which we will assign the domain owner as the responsibile administrator of the email accounts.. Customer agrees to pay and be responsible for, upon receipt of each monthly statement, all usage of this identification code. In locations where simultaneous login with the same username is allowed,

4.2 The Customer understands that, while PixelPlace makes every effort to maintain the security of its machines and passwords, PixelPlace is not liable if Customer's username and/or password is compromised. Further, the Customer is expected to maintain a secure password consisting of no known word or phrase and using numbers, letters, and (optionally) certain special characters. Hence, the Customer may be held liable for any actions taken by an individual or group who have obtained/guessed the Customer's password and used it to access his account. Under no circumstances is PixelPlace liable for the actions taken by a compromised account. We will maintain assigned usernames and passwords in an encrypted file. You can request your username and password if you were to loose it at passwords@pixelplace.com.  In cases where customers are allowed to change their own passwords we will not be responsible for their recovery and a password reset will be implemented.

5.0 USING ACCOUNT FOR ILLEGAL PURPOSES

5.1 PixelPlace services and accounts may only be used for lawful purposes. Use of a PixelPlace account or service in an illegal manner is grounds for immediate termination. Customer agrees to hold harmless and indemnify PixelPlace against any claims or charges that arise from Customer's use of PixelPlace services and/or accounts.

5.2 Use of a PixelPlace account to gain passwords, encryption codes, or other security information of PixelPlace or other sites on any computer network is grounds for immediate termination and, if illegal, will be reported to the proper authorities. Use of a PixelPlace account to break into a PixelPlace or other site's machine is also grounds for immediate termination and will be reported to the affected site and the proper authorities.

6.0 ELECTRONIC MAIL

6.1 While PixelPlace does not in any way monitor the content of any Customer's e-mail, Usenet postings, downloads, etc., the Customer acknowledges that PixelPlace has the right to monitor user activity if said activity is adversely impacting PixelPlace services and/or another site. PixelPlace will not, however, disclose user activity to another site or entity unless required by court order, subpoena, or other legal force.

6.2 PixelPlace reserves the right to move, delete, or reduce the Customer's mailbox if said mailbox has reached a size that is adversely affecting system performance. Further, Customer acknowledges that PixelPlace has the right to kill any mail processes being run by the Customer that are adversely affecting system performance. In these and all instances of system performance being affected, PixelPlace is the sole judge of what is adverse.

7.0 SECURITY

7.1 Information transmitted over the Internet and/or other computer networks is generally not considered to be secure. While PixelPlace respects the privacy of our customers, the Customer understands that there is no guaranteed privacy on the Internet and that PixelPlace can not be liable or responsible for any viewing or interception of Customer's e-mail, downloads, news, etc. by other customers or individuals at PixelPlace or on any network.

8.0 SERVICE QUALITY

8.1 PixelPlace makes no warranty of its service and availability. While a good faith effort will be made to restrict any and all downtime to scheduled maintenance periods, no guarantees are made as to any account, product, or service offered by PixelPlace. In addition, PixelPlace makes no warranty of Customer transmissions, connections, downloads, etc. Customer is solely responsible for any losses, damages, or expenses related to service failure, whether caused by PixelPlace or a Customer, and agrees that PixelPlace shall not be liable for any or all of same.

8.2 The Customer agrees to indemnify and hold PixelPlace wholly harmless from and against any and all liabilities that may arise as a result of the failure of services, equipment or software of PixelPlace, with the exception of willful misconduct or omissions of PixelPlace.

9.0 NETIQUETTE

9.1 Customer agrees to abide by the generally accepted rules of netiquette and the acceptable use policies of any networks or services accessed while using PixelPlace. It is the responsibility of the Customer to familiarize himself/herself with these rules if he or she is not already cognizant of them. Violations of said rules and policies may be grounds for termination of Customer's account with PixelPlace, with Customer agreeing to abide by PixelPlace's interpretation of the above.

9.2 Netiquette violations that may result in the termination of Customer's account include, but are not limited to, the following:

a. Using an PixelPlace mail server to 'mail bomb' users/sites on the net. Mail bombing in this sense refers to sending very large and/or very many messages to a user or site, usually in the hopes of filling their disk space or quota and causing their mail server to crash or their mail to bounce.

b. Sending unsolicited e-mail, SPAM, which provoke complaints from the recipient(s).

c. Posting a single article or substantially similar articles to an excessive number of newsgroups (e.g., more than 10) which provoke complaints.

d. Continued harassment of other users, whether PixelPlace or not, after being asked to stop the correspondence by both the recipient and PixelPlace.

e. Sending mass e-mail (e.g., more than 20 recipients) that provokes complaints to PixelPlace, or sending such mail of such a large volume or size that it adversely affects a PixelPlace mail server.

f. Posting and/or e-mailing pyramid schemes and/or chain letters to any newsgroup, mailing list, or individual.

g. Making repeated off-topic posts that generate complaints to PixelPlace. While PixelPlace does not monitor the contents of its users' posts, it does expect the Customer to abide by the charter of each newsgroup and will respond to complaints of repeated charter violations.

h. Engaging in any of the above from another provider and referencing an PixelPlace mail account or WWW page in the message.

i. Running bots or other automated processes on any IRC server, whether said server is run by PixelPlace or not.

j. Harassing other IRC users, whether by kicking them off a channel, mass messaging, or other means.

k. Impersonating another user and/or forging header information on e-mail or posts.

l. Using a server of PixelPlace or another site to exchange, store and/or facilitate usage of pirated software or software designed to facilitate piracy and or pornographic content.

m. Using a server of PixelPlace to distribute instructions on "hacking" into computer systems, creating viruses, or interfering with telephone services.

10.0 MISCELLANEOUS

10.1 PixelPlace reserves the right to change this agreement at any time. Notice of change will be noted in the PixelPlace e-mail newsletter. By using any PixelPlace services, the Customer agrees that he or she has read and understands these terms and conditions and agrees to be bound by them.

10.2 By making use of an PixelPlace account, the Customer certifies to PixelPlace that he or she is eighteen (18) years of age or older. If the Customer allows an individual under eighteen years of age to access the Internet from Customer's PixelPlace account, Customer takes full responsibility for the minor's access to any information that might be viewed as adult or unsuitable and agrees to hold harmless and indemnify PixelPlace for any claims or charges that arise from said minor's use of service.

10.3 Customer acknowledges that the Internet contains some information that may be deemed offensive, obscene, or adult in nature. Customer accesses such information at his or her own risk, and understands that PixelPlace has no way to limit access to this type of material located on the servers of other providers. Customer understands that PixelPlace reserves the right to remove from its servers any material that PixelPlace management deems to be objectionable. Customer will be notified by e-mail at the time the material is removed. Repeated portrayal of objectionable material on PixelPlace servers will be grounds for termination of the user account.

10.4 The Customer agrees to take responsibility for any accesses, retrieval, and/or storage of any and all information available to Customer from his/her PixelPlace account. The Customer indemnifies PixelPlace against any and all claims or charges relating to the information Customer can or does access while using his/her PixelPlace account.

10.5 (removed)

10.6 Customer shall not intentionally allow unauthorized connections to PixelPlace, unauthorized reselling of PixelPlace services, or the solicitation of PixelPlace users to become subscribers of other on-line information services. Customer shall not in any way duplicate any PixelPlace materials, advertising, brochures, pamphlets and the like or any other information which is proprietary to PixelPlace.

10.7 PixelPlace reserves the right to direct a customer to remove any program, process, or technique from a Web site that causes excessive utilization of PixelPlace bandwidth or resources.

10.8 Should any violations within these Terms of Service require corrective action on the part of PixelPlace, the Customer will be held liable for all costs associated with such action.