Customer, Client, You, User - person or entity ordering web hosting service(s).

Operation Eagle Spirit, We - Operation Eagle Spirit

1. Financial Arrangements:
   
   
   1. First month payment plus a non-refundable setup charge, if any, shall be due upon receipt of contract.
      
      
   2. If customer signs up for service for a new domain name which is to be registered by Operation Eagle Spirit, customer agrees to be held responsible for the non-refundable fee of the registration period. See section XV for more information.
      
      
   3. This agreement will automatically renew for successive monthly periods for the life of the contract until cancelled in writing. Cancellations MUST be sent by e-mail to cancel@operationeaglespirit.com. Customers paying by credit card expressly agree to have their credit card billed monthly, every two months or quarterly for the recurring charges and/or fines for the life of the contract including any automatic renewal periods.
      
      
   4. Initial payment is due with the contract. Monthly payments are accrued on the day that the account was ordered.
      
      
   5. Client should under no condition have an outstanding balance. Operation Eagle Spirit reserves the right to suspend accounts with an outstanding balance of $10.00 or more. A re-instating fee may apply to all suspended accounts. Please see fees below.
      
      
   6. Client agrees to pay all fees and fines in addition to the base monthly hosting fee.
      
      
   7. Billing will be done through e-mail only.
   
   Fees / Fines:
   
   
   1. Bank Fee - Operation Eagle Spirit reserves the right to charge a fee of up to $20.00 per credit card decline. Client is obligated to pay this fee when required.
      
      
   2. Suspended Accounts - accounts suspended due to outstanding balances may be fined up to $20.00 in addition to other fines / fees accrued.
      
      
   3. Spamming - If we get spam complaints against your account, we reserve the right to charge $50 per complaint.
      
      
   4. Collection Fee - balances not paid in full within 30 days of account suspension / cancellation will compile a 40% collection fee. In addition, user will be responsible for all actual costs of collection, including reasonable attorney’s fees.
      
      
   5. Special DNS Modifications - MX changes, CNAME change requests are subject to fees of up to $25.00 for each modification.
      
      
   6. Tape Backup - restoring from tape backup may result in a charge of $100.00.
      
      
   7. Copyright Violations - customer is responsible for attorneys’ fees in regards to violations of Copyrighted material when Operation Eagle Spirit is required to take action.
   
   
   
2. Taxes:
   
   
   1. Operation Eagle Spirit shall not be liable for any taxes or other fees to be paid in accordance with or related to sales made from the Customer using Operation Eagle Spirit's server. The Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold by the Customer.
   
   
   
3. Material and Products:
   
   
   1. The Customer will provide Operation Eagle Spirit with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Operation Eagle Spirit. Operation Eagle Spirit shall make no effort to validate this information for content, correctness or usability.
      
      
   2. Use of Operation Eagle Spirit’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the Customer's Webspace by the Customer. The following examples are offered: Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Autoresponders: a knowledge of mReply autoresponder, forwarding mail, use of mail by Customers to receive mail, etc.
      
      
   3. The Customer agrees that he or she has the necessary knowledge to create the Customer's Webspace. The Customer agrees that it is not the responsibility of Operation Eagle Spirit to provide this knowledge or Customer Support outside of the defined service of Operation Eagle Spirit.
      
      
   4. Operation Eagle Spirit will exercise no control whatsoever over the content of the information passing through the network. Operation Eagle Spirit makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Operation Eagle Spirit also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Operation Eagle Spirit is at the Customer's own risk, and Operation Eagle Spirit specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Operation Eagle Spirit expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro- rata monthly charge during the system unavailability. Operation Eagle Spirit specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", Operation Eagle Spirit may, at its option and at any time, reject this material, including but not limited to after it has been put on Operation Eagle Spirit's Server. Operation Eagle Spirit agrees to notify the Customer immediately of its refusal of the material and afford the Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Operation Eagle Spirit. If the Customer fails to modify the material, as directed by Operation Eagle Spirit, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
      
      
   5. We do not allow Adult Material. In addition to adult material, any material which is found to violate federal, state or local law will be removed from Operation Eagle Spirit servers without notice. In addition, violators will be fined and their accounts cancelled without advanced notice.
      
      
   6. We do not allow Spamming or Spamming related content, violators will be fined and their accounts may be cancelled.
   
   
   
4. Trademarks & Copyrights:
   
   
   1. The Customer warrants that it has the right to use the applicable trademarks, if any.
   
   
   
5. Hardware, Equipment & Software & IP addresses:
   
   
   1. The Customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Operation Eagle Spirit. Operation Eagle Spirit makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Operation Eagle Spirit service.
      
      
   2. All IP addresses are propriety of Operation Eagle Spirit. Domains are propriety of their respective owners.
      
      
   3. Account features such as unlimited bandwidth, unlimited POP emails, etc. is limited to the server capacity.
   
   
   
6. Age:
   
   The Customer certifies that he or she is at least 18 years of age.
   
   
7. Internet Etiquette:
   
   
   1. The Customer may not use Operation Eagle Spirit servers for the purpose of MASS Electronic Junkmail. The Customer may not use Operation Eagle Spirit servers for excessive computation time inappropriate for Internet Web servers. The Customer may not install in her/his account any program which presents a security problem on that server. Operation Eagle Spirit reserves the right to immediately cancel any service account which is causing a disruption of services for other customers. Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Operation Eagle Spirit may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Operation Eagle Spirit. All messages transmitted via Operation Eagle Spirit should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
      
      
   2. Customer’s use of Operation Eagle Spirit servers must comply with all current federal, state and local laws and regulations relating to Electronic Mail and identification of senders. Violation of these laws and regulations will result in cancellation of accounts without notice or any refund.
   
   
   
8. Termination:
   
   
   1. Operation Eagle Spirit may terminate service under this Agreement at any time, without penalty, if the Customer fails to comply with the terms of this Agreement, including non-payment. Operation Eagle Spirit reserves the right to charge a reinstatement fee. Operation Eagle Spirit reserves the right to refuse or terminate service to anyone for any reason including but not limited to overuse of bandwidth, cpu or memory.
   
   
   
9. Limited Liability:
   
   
   1. The Customer expressly agrees that use of Operation Eagle Spirit's Server is at the Customer's sole risk. Neither Operation Eagle Spirit, nor its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Operation Eagle Spirit's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Operation Eagle Spirit Server service, unless otherwise expressly stated in this Agreement.
      
      
   2. Under no circumstances, including negligence, shall Operation Eagle Spirit, its officers, agents or anyone else involved in creating, producing or distributing Operation Eagle Spirit's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Operation Eagle Spirit Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Operation Eagle Spirit's records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on Operation Eagle Spirit's Server service.
      
      
   3. Notwithstanding the above, the Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which the Customer paid during the term of this Agreement and any reasonable attorney's fee and court costs.
      
      
   4. Our liability on any account is limited to the amount of money that the customer has paid us. If we incur legal expenses due to a customer, we reserve the right to recover these expenses from the customer. For example, if you have violated a copyright and we are sued (although we shouldn't be as an ISP), we will require you to pay our legal fees.
   
   
   
10. Lawful Purpose:
    
    
    1. The Customer may only use Operation Eagle Spirit's Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local law or regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, material protected by trade secrets, as well as laws relating to junk electronic mail and identification of parties sending electronic mail. This also includes links or any connection to such offending materials.
       
       
    2. Violations of any provisions in this section will result in cancellation of Customer’s accounts without notice and without any refund.
    
    
    
11. Indemnification:
    
    
    1. The Customer agrees that it shall defend, indemnify, save and hold Operation Eagle Spirit harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Operation Eagle Spirit, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless Operation Eagle Spirit against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Operation Eagle Spirit's Server; (ii) any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which the Customer sold on the Operation Eagle Spirit Server.
    
    
    
12. Contract Revisions:
    
    
    1. Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer upon continued use of Operation Eagle Spirit services by Customer.
    
    
    
13. Transfer:
    
    
    1. The Customer may not transfer this agreement without the written consent of Operation Eagle Spirit.
    
    
    
14. Complete Agreement
    
    
    1. This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by both parties upon renewal of services.
    
    
    
15. Domain Names:
    
    
    1. As consideration for the domain name registration services provided by Operation Eagle Spirit, you shall pay all applicable initial registration fees and renewal fees in advance. You will be notified when renewal fees are due, and it shall be your responsibility to ensure that such fees are paid. Should these fees go unpaid by the time specified in the renewal notice, your registration will be cancelled. You agree that Operation Eagle Spirit shall have no liability whatsoever with respect to any such cancellation, and that Operation Eagle Spirit may cancel or reassign the domain name in the event of delinquency.
    2. Dispute Policy
       
       In applying for a domain name, you warrant that the registration is not made in bad faith and that the name does not conflict with another domain name. You agree to be bound by the current Domain Name Dispute Policy ("Dispute Policy") which is incorporated into this Agreement by reference. The Dispute Policy can be found at http://www.icann.org/udrp/udrp-policy-24oct99.htm. Any disputes regarding the right to use your domain name will be subject to the Dispute Policy. ICANN may modify the Dispute Policy in its sole discretion at any time. Your continued registration of your domain name after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your domain name be deleted.
       
       You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name is challenged by a third party. You also agree that in the event a domain name dispute arises with any third party, you will indemnify, defend and hold Operation Eagle Spirit, all of it's agents and partners harmless.
       
       
    3. Use of Your Information
       
       As part of the registration process, you are required to provide certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameservers for the domain name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the zone contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois data.
       
       You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name. If you license use of a domain name to a third party, you remain responsible for providing your own full contact information and for providing and updating accurate technical, administrative, and zone contact information.
       
       You acknowledge that Operation Eagle Spirit will make some of the information that you provide during the registration process available to our domain registration partners. They in turn will make it publicly available as required by ICANN, Internet Corporation for Assigned Names and Numbers.
       
       
    4. Use Policies
       
       Operation Eagle Spirit reserves the right to suspend or cancel your domain name in the event that you use the domain name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or if you use your domain name in connection with unlawful activity.
       
       
    5. Agents and Licenses
       
       You agree that, if your domain name is registered on your behalf by anyone acting as your agent (e.g., an Internet Service Provider, employee, etc.), you are nonetheless bound as a principal by all terms and conditions provided herein, including the Dispute Policy.
       
       You agree that if you license the use of your domain name to a third party, you remain the domain name holder, and remain responsible for all obligations under this Agreement.
       
       
    6. Domain names are registered and maintained by Operation Eagle Spirit. All DNS changes, modifications, payments, etc must be submitted to Operation Eagle Spirit.
    
    
    
16. Resellers:
    
    A reseller is any customer who has purchased one or more account(s) on behalf of another person or entity. Operation Eagle Spirit is not liable for the actions of the reseller. Resellers must abide to this contract for each account signed up, either by their reseller order form or the web based form provided to them by Operation Eagle Spirit.
    
    Resellers are responsible for the domain fees of their clients. See section XV regarding these fees.