| Acceptable Use Policy

Linuxrpms.com, Acceptable Use Policy

A. INTRODUCTION

Linuxrpms.com welcomes its visitors and subscribers to the internet. Among the services the company offers are domain registration, web hosting, dedicated servers, virtual hosting, dedicated accounts, and website design. By logging on to this domain or using any resources within this domain, you indicate your acceptance of, and are bound by, this Acceptable Use Policy (AUP), as set forth below. This AUP has been developed to promote the integrity, reliability, security, and privacy of the company's network and facilities, and the customer data they contain.

A. Definitions:

a. The terms "The company "; "We" refers to linuxrpms.com, the owner of the domain.

b. The terms "you", "the customer", "customers", "client", "members" and "user" refer to the party contracting to pay the company for domain registration, web hosting services, virtual hosting, virtual private servers, or web design.

c. "Personal file" refers to a user's personal files and information.

d. "Warez Site" is any site (website; FTP, etc) which hosts pirated software.

e. "Bot, Botnets" "Bots"(short for "robot") are software robots programs designed to perform an extensive range of automated tasks, legitimate and illegitimate. (Hackers use bot programs to coordinate groups of personal computers infected by malicious software for spamming, denial-of-service attacks on Web sites, theft, and fraud. These hacker-controlled networks are called "botnets").

f. "IRC, Internet Relay Chat (IRC)" is a form of real-time Internet chat or synchronous conferencing. It is mainly designed for group (many-to-many) communication in discussion forums called channels.

g. "IRC Bots" are sets of scripts or independent programs that connect to Internet Relay Chat as a client, and thus appear to be another used to the other IRC users. The company does not allow their use because each nickname connected to the network increases the size of the network database that has to be kept in sync across all servers. They causes a large amount of additional costly network traffic which needs to be financed.

h. "MUDs" (Multiuser Domains), A computer program, usually running over the Internet, that allows multiple users to participate in virtual-reality role-playing games.

i. "Eggdrop program" is an Internet Relay Chat (IRC) program for Linux or UNIX users that sits in the background of an IRCchannel to manage and protect a chat. Allows the chat manager to keep a list of users, erase users who haven't been on the channel within a specific time period, keep a list of users who have been banned.

j. "ICANN" is the acronym for Internet Corporation for Assigned Names and Numbers.

B. TERMS AND CONDITIONS OF SERVICE

1. Compliance with the Law

All customers are required to comply with all local, state, federal or non-United States laws. You may not use any of the resources of linuxrpms to post, transmit, re-transmit, or store materials which, in the sole judgment of the company, violate these laws and regulations. These include, but are not limited to, threatening, obscene, indecent, defamatory materials, or those that otherwise could adversely affect any individual, group or entity, or violate the rights of any person. (See also Domain Registration below)

This restriction also includes rights protected by copyright, trade secret, patent or other intellectual property.

These limitations apply to similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products for which the customer does not have an appropriate license.

The customer agrees to indemnify and hold harmless our company from any claims resulting from the use of the services that damage the Customer or any other party. The customer shall be responsible for determining and abiding what laws or regulations are applicable to its use of the Services and Products.

2. Prohibited Uses of Services and Products in the System or Network

If you are unsure of whether any contemplated use or action is permitted, please contact the company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.

The Company will be the sole arbiter as to what constitutes a violation of these provisions.

(1) The following are prohibited content under all the company's services:

(a) Pornography, child pornography links to pornographic content on other sites, and pornographic related merchandising.

(b) Other unacceptable content or links including pirated software, "hacker" programs, anonymous/public proxies, proxy services, archives of "Warez Sites", game rooms or MUDs, IRC Bots, IRC, Egg Drop programs, any kind of illegal software or shareware.

(c) Sites offering online gambling, casino functionality, sportsbook betting (including offshore), and internet lotteries.

(d) Violations of the rights of any person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products for which the customer has no appropriate license.

(e) Actions that restrict or inhibit any person, whether a customer of company or otherwise, in the use or enjoyment of any of the company's Services or Products.

(2) The following are expressly prohibited content under all the company's services:

(a) Introduction of malicious programs of any sort (e.g.) viruses "worms"into the company 's network or server.

(b) Breeching security or causing disruptions of internet communication, such as accessing data of which customer is not an intended recipient, logging into a server or account to which customer does not have expressly authorized access. (For this discussion) "disruption" includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information. You may not use your domain or the company's servers as a source, intermediary, reply to address, or destination address for mail bombs. Internet packet flooding, packet corruption, or other abusive attacks are expressly forbidden.

(c ) Using any form of network monitoring that will intercept data not intended for the customer's server.

(d) Circumventing user authentication or security of any host, network or account.

(e) Causing the interference with, or denial of service of, any internet user hosting service, including the company's system.

(f) Using any program, script, or command, or sending messages of any kind, designed to interfere with, or to disable, a user's terminal session, via any means, locally or via the Internet.

(g) Using artificial elements involving software , or programming to create an "active" full time connection on a company-provided account.

(h) Attempting to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operating procedures of the company, including but not limited to changing removing, or in any way modifying or tampering with company created log files.

(i) Any action, use of resources, or business practice which the company deems to be an unacceptable.

(j) Any action which the company , in its own judgment, determines reflects poorly on the company or negatively impact its operations.

(k) Furnishing false or incorrect data on the order form, contract or online application, including fraudulent use of credit card numbers.

(l) Attempting to alter any billing procedures or procedures to measure time, bandwidth utilization, or other methods to document "use" of the Company's Services and Products.

3. Commercial Email

Our position about e-mail is firm and defined as follows:

a. We will never send you an unsolicited e-mail message.

b. Company customers may send a single e-mail message to a maximum of 100 recipients in one mailing, not to exceed 300 recipients within a one hour period. All single e-mails sent to over 100 addressees will not be delivered, and no notice will be given to you in this case. If you send e-mails to more than 300 recipients within a one hour period, your ability to send e-mail messages will be suspended.

c. We will not allow use of our proprietary computers, servers, routers and computer network (the "network") to accept, transmit or distribute unsolicited bulk e-mail or spam sent by third parties over the Internet to our members.

d. We consider it a direct violation of this AUP for any of our customers to use our system to send unsolicited commercial advertising and promotional material (e-mail spam) not directly associated with their business through our system, or to use the address of this domain or system as a return address for such promotions. The company customer sending such unsolicited commercial e-mails faces immediate account suspension and/or termination. A second unsolicited commercial e-mail through our domain will also result in action under the terms of applicable U.S. law, including Title 47, Sec.227(b)(1)(C) of the U.S. Code.

e. Is a direct violation of this AUP and of the law to send or cause to send e-mail through the network internet that has invalid or forged headers, or non-existent domain names or other means of deceptive address. We consider such email to be counterfeit. We also will not authorize the harvesting or collection of screen or account names from the our network for the purpose of sending unsolicited email.

f. Creating or forwarding "chain letters" or other "pyramid schemes" of any type may result in suspension of mail privileges.

g. You are responsible for ensuring that there is no excessive overloading of the company's DNS systems. We reserve the right to deactivate your domain name from its DNS system if we deem that our servers are the recipient of activities caused by your site that threaten the stability of the company's network.

h. This company will charge a flat rate fee for message storage & transmission for any unsolicited commercial mailings of $300.00 per message received that is reported to the Company.

i. The company will not tolerate any sort of e-mail harassment through language, frequency, or size of message.

We reserve the right to take all technical and legal steps available to prevent unsolicited bulk email or other unauthorized email from entering, using or remaining within our network. Such actions may include the use of filters or other network devices, immediate termination of service, and prosecution of offenders through criminal or civil proceedings.

Nothing in this policy shall be construed to grant any right to transmit or send email to, or through, our network, and in no event shall any failure by us to enforce this policy constitute a waiver of our rights.

Unauthorized use of our network resources in connection with the transmission of unsolicited bulk email, including the transmission of counterfeit email, may result in civil and criminal penalties against the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.); and appropriate Florida state laws, including Florida Statute 668 (Electronic Commerce) as amended 2007.

4. Network and System Security

a. Security and Security Software

You, the customer, customer agree:

(1) To take all steps reasonable, necessary, and prudent to protect customer's Login ID and password.

(2) Not to attempt to undermine or cause harm to any server, software, system or customer of the company.

(3) To maintain your own computing equipment responsibly, including running virus software.

(4) Not to upload a virus to a company server; this action will result in account termination, service charges and/or prosecution.

(5) That the company cannot provide technical support for any software and/or script that you install, other than variable name changes. The Company supplies technical support for Web hosting issues only. The Company shall be the sole arbiter as to what constitutes a "Web host" issue.

b. Unauthorized Access: You, the customer, understand and agree:

(1) That to access system resources beyond what has been made available through this website is strictly forbidden.

(2) That attempts to access or "hack" into servers or other restricted areas of our system will be prosecuted to the fullest extent of State and Federal laws, and extradition will be fully enforced when applicable.

(3) that you may not use the company's servers and your domain as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, or other abusive attack. We reserve the right to deactivate your domain name from its DNS system if we deem that our servers are the recipient of activities caused by your site that threaten the stability of the company's network.

(4) Should you have any questions about the terms of service, send an e-mail to support@linuxrpms.com. It may be helpful to include the subject "Acceptable Use Policy" in your message.

c. Confidentiality

In contracting with this company, you acknowledge that by reason of this relationship, both you, the customer, and the company may have access to certain products, information and materials that relate to the other party's business. This might include business plans, customers, software technology, and marketing plans that are confidential and have substantial value to each party, respectively, and which value would be impaired if such information were disclosed to unauthorized third parties. Consequently, both the company and the Customer agree that neither will use information revealed to it by either party in any way for its own account, or for the account of any third party, nor will they disclose to any third party.

Both you, the customer and the company further agree that each will take every appropriate precaution to protect the confidentiality of such information. In the event of the termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or the Company.

d. Refusal of Service

(1) Restriction of Access:

The company reserves the right to restrict or bar customers from our system at any time. Causes for access restriction include, but are not limited to: failure to adhere to the Acceptable Use Policy; non-compliance with relevant laws; transmission of material we deem inappropriate; or non-payment.

Restriction may be authorized by our Network Administer or an officer of the company. Disputes will be handled on an individual basis and only in writing. We will send written notice via US Postal Service with our final decision. Send your request entitled.

INTERNET RESOURCE ACCESS REQUEST
linuxrpms.com
890 SW 51st Way
Gainesville FL 32607

(2) Suspension of services; breach of agreement.

Failure to comply completely with the terms and conditions of this AUP may be considered by the company to be a material breach of this agreement. The company may provide you with notice of such breach either in writing or electronically (i.e. email). You have ten (10) business days in which to provide the company with material evidence that you have not breached your obligations to the company. If you fail to do so, the company may terminate its relationship with you and take any remedial action available to it under applicable laws. Any such remedial action may be implemented without notice to you and may include, but is not limited to, canceling the registration of any of your domain names and discontinuing any services provided by the company to you.

No fees will be refunded to you should your agreement be cancelled or services be discontinued because of a breach. The company's failure to act upon or notify you of any event, which may constitute a breach, shall not relieve you from, or excuse you of, the fact that you have committed a breach.

In the event there is an unresolved breach of this agreement and/or suspension or any cancellation required by any policy now in effect or adopted later by ICANN, your ability to use any of the company's services may be subject to cancellation or suspension.

Your registration of any domain names shall be subject to suspension, cancellation or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any the company procedure not inconsistent with an ICANN adopted specification or policy,

(1) to correct mistakes by the company or the registry operator in registering any domain name, or,

(2) for the resolution of disputes concerning any domain name.

5. Temporary Service Suspension

The customer agrees that from time to time, it may be necessary for company to temporarily suspend services for technical reasons or to maintain the network, the hardware, or any other facilities, the timing of which will be determined by the company . Provided that the company gives the customer reasonable advance notice of the temporary suspension of services, such suspension will not be deemed an interruption of the services for the purpose of calculating network availability or the customer's entitlement to credit for network interruption.

Maintenance windows will typically be conducted between 2am to 5am (EST) Monday mornings to minimize impact on customers. Maintenance windows will typically be 5 minutes or less in length.

6. Emergency Service Suspension

The company may at any time, and from time to time, suspend services without penalty or liability for any claim by the customer where necessary, acting reasonably, to prevent the improper or unlawful use of the company's services or equipment by the customer or any other person. Linuxrpms will provide the customer with notice following such an emergency suspension to advise of the reasons for the suspension. Such emergency suspension of services will not be deemed an interruption of the Services for the purpose of calculating network availability or the customer's entitlement to credit for network interruption.

C. SERVICES

1. Domain Registration and Management

The company is a Domain Registrar with SRS Plus, a top level domain seller bound by an agreement between the company and the Internet Corporation for Assigned Names and Numbers ("ICANN"). You agree that the company may modify this agreement in order to comply with applicable law and the terms and conditions set forth by the ICANN and/or the Registry Administrator chosen by ICANN, as well as any registration rules or policies that may be published from time to time by the company .

a. Domain Name Renewals

(1). Automatic Renewal option: When registering a domain name, you may elect to have your domain name renew automatically when it reaches the expiration date; automatic renewal is the default setting.

However, if you do not want your domain to be automatically renewed, you must deactivate that default setting. If you do not deactivate that automatic renewal option, the company will automatically renew any domain name that is scheduled for renewal for a period equivalent to the same duration of your original registration, and will take payment, at the company's then current rates, from whichever payment method you have on file with the company. Thus, if you have chosen to register your domain name for one year, the company will automatically renew it for one year. If you have chosen to register your domain name for two years, the company will automatically renew it for two years, and so on.

The cost of domain name renewal will be non refundable. On the other hand, if for any reason, the company is not able to take the payment from the payment method you have on file, and you fail to respond to our notices, your domain name registration will expire. You are responsible for keeping your payment method information current, and that includes the expiration date of any credit card you are using.

(2) If you do not chose automatic renewal of the domain name, but wish to renew the domain name, you are responsible for logging into your account manager for that domain name and manually implementing the renewal by the expiration date. If you do not manually implement the renewal in a timely fashion, the domain name will be cancelled and you will no longer have use of that name.

(3) The company will not be responsible for any canceled domain name that you fail to renew, either automatically or manually. In any case, should you fail to renew your domain name in a timely fashion, additional charges may apply. Remember, if you signed up for an alias domain, domain forwarding, or other similar service at the time of your domain registration, these services also may be automatically renewed at the time your domain registration is up for renewal, and you may incur additional renewal fees unless you cancel in them advance.

(4) If you fail to renew your domain name, you agree that the company may, at its sole discretion, renew your expired domain name on your behalf. If the company decides to renew your expired domain name on your behalf you will have a Renewal Grace Period during which you may reimburse the company for the renewal and keep your domain name. The Renewal Grace Period is currently 12 calendar days but subject to change under the terms of Section 2 of this Agreement. If you fail to reimburse the company for the renewal during the Renewal Grace Period your domain name will be placed on Hold and flagged for deletion. Thereafter, you will have a 30 day redemption period during which you may pay the company a Redemption fee and redeem your domain name. The Redemption fee is currently $75 USD and is subject to change under the terms of Section 2 of this agreement. If you do not redeem your domain name prior to the end of the 30 day redemption period the company may, at its sole discretion, delete your domain name or transfer it to another registrant on your behalf.

(5) If your domain is deleted, the Registry also provides an additional 30 day Redemption Grace Period during which you may redeem your domain name if you pay the company a redemption fee. The redemption fee is currently $75 USD and is subject to change under the terms of Section 2 of this agreement. If you do not redeem your domain name prior to the end of the Registry's Redemption Grace Period the Registry will release your name and it will become available for registration on a first-come-first-served basis.

(6) Re-registered Canceled Accounts: If a Customer re-registers, after the company has canceled the account without the company's written consent, the company will cancel Customer's account and all dues and fees paid to date regardless of whether service has been rendered will be forfeit.

2. Term of agreement (domains); modifications

The term of this agreement shall continue in full force and effect as long as you have any domain name registered through the company.

a. You agree that you will not transfer any domain name registered through the company to another domain name registrar during the first sixty (60) days from its initial registration date.

b. You further agree that the company may charge you a small fee if you cancel your domain within the five (5) day grace period after registering your domain with the company and the company refunds the price of your domain. No fee will be charged to you if the company cancels your domain name during this period because of fraud.

c. You agree that the company may modify this agreement from time to time. The company may also discontinue services it provides under this agreement. You agree to be bound by any changes the company may reasonably make to this agreement when such changes become effective. Should you elect to cancel your agreement with the company you will not receive a refund for any fees you may have paid to the company.

d. You agree that the company shall not be bound by any representations made by any third parties that you may use to purchase services from the company. Also, any statements of a general nature, that may be posted on the company's web site or be contained in the company's promotional materials, will not bind the company.

3. Importance of keeping information current; use of information and expiration

You agree to notify the company within five (5) business days when any of the information you provided in your application and/or registration process changes. It is your responsibility to keep this information in a current and accurate status.

If you fail, for whatever reason, to provide the company with accurate and reliable information on an initial and continual basis, you will be considered to be in material breach of this agreement. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by the company to determine the validity of information you provided, shall also be considered to be a material breach of this agreement. You agree to retain a copy for your record of the receipt for purchase of your domain name.

For each domain name you register, you agree to provide the following required contact data: email address, postal address, telephone number, and if available, a FAX number for the registered name holder. If the FAX number is different from that of the registered name holder, the same contact information is required about that FAX number for a technical contact, an administrative contact, and a billing contact.

You acknowledge and agree that registration of a domain name requires that this contact information, in whole or in part, be shared with the registry operator. ICANN requires that this information must also be made publicly available by means of Whois. The registry operator also may also be required to make this information publicly available by Whois. Both the company and the registry operator may be required to archive this information with a third party escrow service. You hereby consent and give permission for all such requirements and disclosures. Further, you represent and warrant that, if you are providing information about a third party, you have notified the third party of the disclosure and the purpose for the disclosure and have obtained the third party's consent to such disclosure.

You agree that for each domain name you register, the following information will be made publicly available in the Whois directory as determined by ICANN Policy and may be sold in bulk as set forth in the ICANN agreement:

a. The domain name

b. Your name and postal address

c. The email address, postal address, voice and fax numbers for technical and administrative contacts

d. The Internet protocol numbers for the primary and secondary name servers

e. The corresponding names of the name servers

f. The original date of registration and expiration date

You agree that, to the extent permitted by ICANN, the company may make use of the publicly available information you provided during the registration process. If you engage in the reselling of domain names, you agree to provide any individuals whose personal information you have obtained, information about the possible uses of their personal information pursuant to ICANN policy. You also agree to obtain consent, and evidence of that consent, from those individuals for such use of the personal information they provide.

4. Transfer of domain names; lock/unlock status; resale practices

a. If you transfer any domain name, you agree to provide the information required by, and to abide by, the procedures and conditions set forth in our Domain Transfer Agreement. You may view the latest version of our Domain Transfer Agreement online. In order to further protect your domain, any domain registered with the company or transferred to the company shall be placed on lock status in order to modify any of the Whois information including the name servers, or initiate a transfer of the domain name away from the company to a new Registrar. You may log into your account with the company at any time after your domain name has been successfully transferred to the company, and change the status to unlock.

b. If you purchase a domain name on behalf of a third party, you agree to inform any customer of yours, who may be acquiring a domain name through you and using our company 's registration services, that they are in fact registering their domain name through the company and that the company is an accredited registrar with ICANN. You are not to represent yourself as an ICANN accredited registrar or that you are in any way providing superior access to the ICANN Domain Name Registry. You also are not to use the ICANN trademark logo in any of your promotional materials including your web site.

c. The company is not lending you access to its registrar connections or its registry access, nor will you be considered to be a registrar in your own right. Furthermore, you understand that you are not to attempt to gain access to the company's registrar connections or registry access. You will provide for each registrant, complete, accurate and current data to be added to a registry in accordance with ICANN requirements for inclusion in the Whois database.

e. You agree to provide your customers with adequate customer support, and to maintain contact with them in order to provide a means for their communication of changes in the information they have provided as part of the domain name registration process. Upon receiving corrected or updated information you will, within 5 business days, provide such information to the company so that the company may update its registration records. You will retain copies of all communications between you and your customers and will upon request provide the company copies of same.

f. The company, in its sole discretion and without liability to you, may refuse to accept registration of any domain name. The company also may, in its sole discretion and without liability to you, delete the registration of any domain name during the first thirty(30) days after registration has taken place. The company may also cancel the registration of a domain name, after thirty (30) days, if that name is being used, as determined by the company in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to:

- activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties;

- activities prohibited by the laws of the United States and/or foreign territories in which you conduct business;

- activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography;

- activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable;

- activities designed to impersonate the identity of a third party;

- activities designed to harm or use unethically minors in any way.

In summary, for any third party domain hosted on the company's site through you the customer, the AUP rules and Terms of Agreement apply.

In the event the company refuses a registration or deletes an existing registration during the first thirty (30) days after registration, you will receive a refund of any fees paid to the company in connection with the registration either being canceled or refused. In the event the company deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued.

5. Dispute resolution policy

In agreeing to this AUP and its Terms of Agreement, you agree:

a. to be bound by our current Dispute Resolution Policy which is consistent with the current ICANN Dispute Resolution Policy (viewable online at http://www.icann.org/udrp/udrp.htm.

b. that the company may from time to time modify its Dispute Resolution Policy. Any changes to its Dispute Resolution Policy will be posted by the company at least 30 days before they become effective.

c. that by maintaining your domain name registrations with the company after the updated policy becomes effective, you agree to the Dispute Resolution policy as amended. You also agree to review the company 's web site periodically to determine if changes have been made to the Dispute Resolution Policy. If you cancel your agreement with the company as a result of the modified Dispute Resolution policy no fees will be refunded to you.

d. that if a dispute does arise as a result of one or more domain names that you have registered through the company, you will indemnify, defend and hold the company harmless as provided for in this agreement. You also agree that if the company is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by you through the company, that the company , in its sole discretion, may take whatever action it deems necessary regarding further modification, assignment of and/or control of the domain name to comply with the actions or requirements of the governmental, administrative or judicial body, until such time as the dispute is settled. In this event, you agree to hold the company harmless for any action taken by the company .

6. Contact Information:

The company may need to communicate with its customers by email. The customer is responsible for furnishing the company the appropriate contact email address for such correspondence. The customer is responsible for checking email sent to the primary login email address on the account. Also, the customer is responsible for contacting the company about any changes to their account, such as phone number, address, credit card information, etc. For security purposes, the customer will be required to provide verification authorizing the company to make any changes to that account.

7. Website Hosting

a. Customers are responsible for maintenance of their own web sites, and renewal of their domain licenses. The company will not serve as a customer's web host, and will not agree to modify any customer sites without a separate contract. If the customer wishes to make changes in a site, and the company has resources available, the charge is $80.00 per hour.

b. The customer is responsible for backing up personal website databases, and for retaining copies of the website programming for use in the event of a major failure or corruption of the site. . (Note: The company does offer data backup services. Linuxrpms will use commercially reasonable efforts and industry accepted methods to ensure the reliability of the backup and restore process. However, because of the technical limitations regarding backups on live servers and the possibility of data corruption on backup or restore, the company cannot guarantee all or any data can be restored from any particular backup. The customer acknowledges that Linuxrpms will have no liability whatsoever for any claim resulting from a failed backup and/or restore procedure.)

8. Virtual Private Servers(VPS)

The customer with a VPS must abide the same basic responsibilities as the website owner. In addition:

a. Customers are provided root access to their servers, and are responsible for maintenance of their own domains and web sites.

b. Customers are responsible for backup of their data bases. You use the Company's servers and services is at your sole risk. Linuxrpms.com is not responsible for files and/or data residing on your VPS Server. While complimentary backups may be provided by the Company, you, the Customer have full responsibility for files and data transferred to/from and maintained on your VPS server and agree that it is your own (the Customer's) responsibility to take backups of data residing on your VPS server.

D. PAYMENTS

1. Invoices: Customers will receive an electronic invoice generated by Linuxrpms on a schedule agreed to by the customer (e.g. quarterly, semi-annually, annually). If we have to update your site, you will receive an electronically transmitted invoice accompanied by a brief description of work done. All provisions of this Service Agreement ("Agreement") apply to the User's Principal Account and Associate Accounts billed to the Principal Account.

2. Payment: Payment terms are due upon receipt, unless otherwise specified. Payment is considered past due after 15 days. A $15 late fee plus a monthly interest charge of 1.5% will be applied to all past due invoices. If the Client's account goes unpaid and requires litigation, the Client will be required to pay all court costs and attorneys fees incurred by Linuxrpms. A $35 fee will be charged on all returned checks. FL residents may be assessed a regulatory fee for the purpose of assessing tax and associated costs.

3. Credit Cards: Payment terms are due upon receipt, unless otherwise specified. Payment is considered past due after 15 days. A $15 late fee plus a monthly interest charge of 1.5% will be applied to all past due invoices. THERE ARE NO REFUNDS. If the Client's account goes unpaid and requires litigation, the Client will be required to pay all court costs and attorneys fees incurred by Linuxrpms.

4. Pay Pal: Payment terms are due upon receipt, unless otherwise specified. Payment is considered past due after 15 days. A $15 late fee plus a monthly interest charge of 1.5% will be applied to all past due invoices. THERE ARE NO REFUNDS. If the Client's account goes unpaid and requires litigation, the Client will be required to pay all court costs and attorneys fees incurred by Linuxrpms.

5. Checks and Money Orders: Payment terms are due upon receipt, unless otherwise specified. Payment is considered past due after 15 days. A $15 late fee plus a monthly interest charge of 1.5% will be applied to all past due invoices. THERE ARE NO REFUNDS. If the Client's account goes unpaid and requires litigation, the Client will be required to pay all court costs and attorneys fees incurred by Linuxrpms. Please send all payments to:

Billing Department
linuxrpms.com
890 51st Way
Gainesville FL 32607

E. BENEFITS / RIGHTS CONFERRED BY AGREEMENT:

1. The benefits of and rights conferred in this AUP are non-transferable. The customer agrees to use the services in manners consistent with any and all applicable state and federal laws. You, the customer, also agree to follow the Acceptable Use Policy AUP/Terms of Ageement) of any network user to which you connect.

2. Users (customers) must be at least 18 years of age and are responsible for all charges related to use of the User's account(s). The customer is responsible for all personal account(s) and the confidentiality of password(s). In the event that we receive notification from the customer that his/her password has been lost, stolen or otherwise compromised, the company will immediately suspend access or change access to the account(s).

3. The user (customer) is responsible for all local or long-distance telephone charges for connecting to the company servers.

4. Prepayment for periods of 6 months and 1 year shall be fixed at the published rate current at the time the agreement is made. Month-to-Month users may be prorated to the end of current month and billed thru the next full month. Monthly users shall be initially charged at the current published rate at the time of the prepayment. Thereafter, monthly users shall be charged at the rate published for at least 20 days prior to payment becoming due. Six(6) month and 1 year users shall be automatically renewed at the end of their pre-paid term to the same term length of their previous subscription at the current rate published online. All cancellations and changes must be provided in writing via facsimile or postal mail. All cancellations are subject to 30 day notice. Any changes received will take effect at The company's earliest availability and any additional billing for changes will be due immediately upon completion and/or inception. The company reserves the right to suspend access to service for your account(s) upon an indication of problems including delinquent payments or rejection of any credit card charges or returned checks. Neither the company nor its information providers are responsible for any damages arising from your inability to use any services. The company reserves the right to change, without notice, the company service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, and services offered. As noted above, the company is not responsible for Your personal files residing on company servers; the user is responsible for independent backup of the data stored on the company servers. The company reserves the right to delete the your personal files after one or both parties terminate this agreement. The company reserves the right in its sole discretion to delete any information entered into the company servers by the user. The company and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.

Again. As noted above, the user hereby agrees that any material submitted for publication on the company servers through your account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. The company, at its sole business judgment, may terminate this Agreement immediately or suspend your access to the service upon any breach of this Agreement by user, including, but not limited to, refusal or failure to pay for services provided. The parties expressly agree that this Agreement is wholly performable in Gainesville, Alachua County, Florida and that in the event of any legal action between the parties based upon or involving this Agreement, laws of the state of Florida shall govern the validity of the agreement, the construction of its terms, the interpretation and enforcement of the rights and duties of the parties hereto. The parties further agree that any suit to enforce any provision of this Agreement shall be brought only in the appropriate court having jurisdiction of the matter in Alachua County,Florida. The company may modify these terms and conditions upon notice published online via the company servers. The customer's use of the company's services after such notice shall constitute the customer's acceptance of the modification to this Agreement.

F. INDEMNIFICATION

1. Indemnification of Provider/Relationship of Parties

a. Customer agrees to indemnify and hold the company harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to customer's website provided hereunder.

b. Nothing contained herein shall be deemed to create a relationship between the company and customer in the nature of a partnership, joint venture, editor, publisher or otherwise. Both parties acknowledge and agree that the Company has no interaction with the data or substance of customer's website, except as necessary to maintain said website.

G. LIABILITY AND LIMITATIONS

1. Liability

You agree that the company's entire liability to you under this agreement, and your only remedy, in connection with any service provided by the company, to you under this agreement, and for any breach of this agreement by the company, shall be limited to the fees you paid to the company for the particular service in contention. The company and its agents and contractors shall not be liable for any direct, indirect incidental, special, or consequential damages resulting from the use of or inability to use any of the company's services or for the cost of obtaining substitute services or lost business profits. Because certain states do not permit the limitation of elimination of liability for certain types of damage, the company's liability shall be limited to the smallest amount permitted by law. the company disclaims any loss or liability resulting from:

a. access delays or interruptions to our web site or domain name registration system

b. data non-delivery or mis-delivery between You and the company

c. events beyond our control (i.e. acts of God)

d. the loss of registration or processing of a domain name or the use of a domain name

e. the failure for whatever reason to renew a domain name registration

f. the unauthorized use of your account with the company or any of services provided to you by the company

g. errors, omissions or misstatements

h. deletion of, failure to store, or failure to process or act upon email messages

i. processing of updated information to your registration record

j. development or interruption of your web site

k. errors taking place with regard to the processing of your application

l. application of the company's Dispute Resolution Policy

m. any act or omission caused by you or your agent (whether authorized or not)

2. Limitation

In no event shall Linuxrpms.com (the company) have any liability whatsoever for damage, unauthorized access to, alteration, theft or destruction of information provided to the company, distributed or made available for distribution via the services. The company shall have no liability under this agreement or otherwise for consequential, exemplary, special, incidental, or punitive damages even if the company has been advised of the possibility of such damages. in any event, the liability of the company to you for any reason and upon any cause of action shall be limited to the amount actually paid to the company by you under this agreement during the thirty (30) days immediately preceding the date on which such claim occurred. this limitation applies to all causes of action in the aggregate, including, without limitation, to breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts. the fees for the services set by the company under this agreement have been and will continue to be based upon this allocation of risk. Accordingly, you hereby release the company from any and all obligations, liabilities, and claim in excess of the limitation stated in this section because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law.

H. DISCLAIMER

1. Representation and warranties:

You warrant that all information provided by you as part of the registration process is complete and accurate. You also warrant that each registration you make is being done so in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's registration, trademark or trade name. You also warrant that the domain name being registered will not be used in connection with any illegal activity.

You agree that the company makes no representations or warranties or any kind in connection with this agreement and specifically makes no guaranty to you against the possibility of objection to, or challenge of, the registration or use of any domain name you register with the company.

The company expressly reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of the company, as well as its affiliates, subsidiaries, officers, directors and employees. the company also reserves the right to freeze a domain name during resolution of a dispute.

2. Disclaimer of warranties

The company expressly disclaims all warranties of any kind, whether express or implied. The include, but are not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The company makes no warranty that its service(s) will meet your requirements, or that the service(s) will be uninterrupted, timely, secure, or error free, or that defects will be corrected. the company does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.

You use the company's services and products at your sole risk. Neither the company nor its employees, agents, resellers, third party information providers, merchants licensers or the like, make any warranties, including any implied warranties of merchantability or fitness for a particular purpose, that the company's services and products will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the company's services and products or as to the accuracy, or reliability of any information service or merchandise contained or provided through the company's service, unless otherwise expressly stated in this agreement. This includes loss of data, whether resulting from delays, on deliveries, wrong delivery, and any and all service interruptions caused by the company and its employees or other causes. The company reserves the right to revise or change these terms of service at any time.

I. SEVERABILITY

This agreement is wholly performable in Gainesville, Alachua County, Florida In the event of any legal action between the parties based upon or involving this agreement, laws of the state of Florida shall govern the validity of the agreement, the construction of its terms, the interpretation and enforcement of the rights and duties of the parties hereto. The parties further agree that any suit to enforce any provision of this agreement shall be brought only in the appropriate court having jurisdiction of the matter in Alachua County, Florida. We may modify these terms and conditions upon notice published online via our website. Your use of company services after such notice shall constitute your acceptance of the modification to this agreement. Non-enforcement of any section of this agreement does not constitute consent and we reserve the right to enforce each and every portion of the terms. If any portion of the terms of service or network service agreement is found to be unenforceable or invalid, all other portions shall remain valid.

You agree that the terms of this agreement are severable. If any part of this agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the agreement. The remaining terms and conditions of the agreement will remain in full force and effect.

You agree that this agreement including the policies it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only agreement between you and the company regarding the services contemplated herein.

J. VENUE; WAIVER OF TRIAL BY JURY

This agreement shall be deemed entered into in the state of Florida. Except for all disputes concerning the use of a domain name registered with the company, the laws and judicial decisions of Alachua county, Florida shall be used to determine the validity, construction, interpretation and legal effect of this agreement. For the adjudication of disputes concerning or arising from the use of a domain name registered with the company, You shall submit, without prejudice to other potential applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2) where the company is located. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of Alachua County, Florida

You agree to waive the right to trial by jury in any proceeding that takes pace relating to or arising out of this agreement.

K. NOTICES

You agree that all notices (except for notices concerning breach of this agreement) from Linuxrpms.com to you may be posted on our web site and will be deemed delivered within thirty (30) days after posting. Notices concerning breach will be sent either to the email address on file with the company, or mailed first class to the postal address given in the last registration with the company. In both cases, delivery shall be deemed to have been made five (5) days after the date sent. Notices from you to the company shall be made either by e-mail to the address given on our website or by first class mail to The Network Administrator, Linuxrpms.com, 8216 NW 5th Court, Gainesville FL 32607. Delivery shall be deemed to have been made by you to Linuxrpms.com five (5) days after the date sent.

L. Updates

This AUP may be updated from time to time please re-read this section on a regular basis

- Updated December 29th, 2029 (3:21 a.m. EST)