Hosting Terms of Service

This Agreement is between you as an individual, partnership, corporation, association, or any combination thereof (hereinafter referred to as Customer), and DARKNET NOW, a California company, at Santa Monica, California, United States of America (hereinafter referred to as DARKNET NOW):

This Agreement shall continue until canceled by either party with thirty (30) days written notice.

DARKNET NOW reserves the right to modify its Terms and Conditions and Acceptable Use Policy (AUP) at any time, effective upon posting of the modified Terms and Conditions and/or AUP online to our Legal section.

DARKNET NOW reserves the right to immediately terminate this Agreement, without notice, if Customer violates any portion of the Acceptable Use Policy (AUP).

Use of DARKNET NOW's services constitutes, on the part of the Customer, acceptance of, and agreement to abide by, our Internet Services Terms and Conditions, DARKNET NOW's Acceptable Use Policy (AUP) and theTerms and Conditions of Purchase included with, or printed on the back of, each DARKNET NOW invoice. The Terms and Conditions of Purchase and AUP are attached to, and incorporated into this Agreement.

Internet Services may be prepaid by credit card (Visa, Mastercard or American Express), or billed with payment terms stated on the invoice.

Invoices for Internet services are issued and payable in advance for the term of the service. Invoices not paid within ten (10) days of the due date are past due.

Internet services are subject to suspension (LOCK-DOWN) for any account twenty- (20) days past due and become subject to a re-activation fee and payment by credit card.

LOCK-DOWN renders a web site non-operational. Visitors to the site are informed that the site is temporarily unavailable. In addition, you will be unable to download or upload and all email will be returned to sender as undeliverable.

Failure to pay within ten (10) days following LOCK-DOWN may result in the termination of your account.

Retail prices for DARKNET NOW products and services shall be in accordance with the DARKNET NOW Price List in effect at the time of order, reorder, or as specified on an authorized DARKNET NOW Quotation in force at the time an order is accepted.

DARKNET NOW prices do not include any bank charges or federal, state, municipal, or other government, excise, sales, use, occupational or like taxes. Prices are subject to an increase equal in amount to any tax DARKNET NOW may be required to collect to pay upon sale or delivery of the products or services. Customer must submit any certificate of exemption to which he may be entitled.

Orders for products and services purchased shall be subject to and submitted in accordance with these Terms and Conditions irrespective of inconsistent or additional terms and conditions in Customer's Purchase Orders or other documents submitted by Customer to DARKNET NOW.

DARKNET NOW prefers to establish a single account for each Customer. However, there are instances where a single Customer may require billing to more than one entity. DARKNET NOW performs its billing and accounting by account, not by type of service.

If Customer establishes more than one account with DARKNET NOW for its own accounting purposes, there can be no crossover transactions between such accounts. When paying by check, separate checks are required for each account and when paying by credit card, separate charges will be made for each account.

DARKNET NOW's terms of payment shall be prepaid by check or credit card (Visa, Mastercard or American Express); C.O.D. where applicable; or Net Invoice. Customer may apply, in writing, to open an account and establish credit with Thirty (30) day terms. Only after credit has been approved, in writing, do terms of payment become Net thirty (30) days. DARKNET NOW reserves the right to revoke any credit extended at DARKNET NOW's sole discretion.

Invoices shall be issued: a) in advance of a covered period for term service products, including Internet and Support services; b) immediately following the delivery of periodical consulting services; c) on delivery in the case of products; or d) as specified in a written quotation or agreement. In all cases, Customer agrees to pay such invoices when due regardless of other scheduled deliveries.

Invoices not paid within ten (10) days of the due date are considered past due.

If an account is more than fifteen (15) days past due, new orders may not be accepted until the account is current.

Services may be suspended when an account is more than twenty (20) days past due until the account is current. A re-activation fee is required to restore suspended services.

An account that is more than thirty (30) days past due is on credit hold. Services shall be suspended or terminated and orders shall not be accepted. In addition, any credit may be revoked and all future orders shall be prepaid or C.O.D. only.

DARKNET NOW may include a monthly service charge on past due accounts, equal to five ($5) dollars or 1 1/2% per month on the unpaid balance, whichever is greater.

Accounts more than sixty (60) days past due shall be referred to collection. Customer agrees to pay collection charges incurred.

DARKNET NOW offers a Thirty (30) day money-back return policy for purchases of tangible products. Refunds for term service will be prorated for the amount of unused service on the date we receive written cancellation instructions. Setup fees and consulting services already rendered are not refundable.

Delivery is made F.O.B., DARKNET NOW's facility in Santa Monica, CA -- freight and/or insurance charges paid by Customer. The time of delivery is the time when the product is picked up or delivered to the carrier. DARKNET NOW shall not be liable for any damages or penalty for delay in delivery of for failure to give notice of delay whether the delay be caused by Acts of God or man-made. In the absence of specific instructions, DARKNET NOW will select the carrier. The carrier shall not be an agent of DARKNET NOW, nor shall DARKNET NOW assume any liability with regard to this shipment.

Ownership of any products purchased shall pass to Customer upon delivery by DARKNET NOW. However, DARKNET NOW shall retain a purchase money security interest in products sold or licensed now or hereafter (collectively called the "collateral") and to the proceeds thereof until the full purchase price and all other liabilities due or to become due to DARKNET NOW shall have been paid.

Upon any default by Customer under these Terms and Conditions, DARKNET NOW shall have all of the rights and remedies of a secured party under the Uniform Commercial Code or other applicable law, which rights shall be cumulative.

If Customer requires professional services for installation, support, or educational assistance, the services of DARKNET NOW's technical staff will be available to the Customer. For this service, DARKNET NOW will charge its regular time and materials hourly or daily rates, plus any travel and per diem expenses.

DARKNET NOW exercises no control whatsoever over the content of the information passing through its network. DARKNET NOW makes no warranties of any kind, whether expressed or implied, for the service(s) it is providing. DARKNET NOW also disclaims any warranty of merchantability or fitness for a particular purpose. DARKNET NOW will not be responsible for any damage you suffer. This includes the loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions caused by its own negligence or your errors or omissions.

Use of any information obtained via DARKNET NOW's network is at your own risk. DARKNET NOW specifically denies all responsibility for the accuracy or quality of information obtained through its services.

IN NO EVENT SHALL DARKNET NOW BE LIABLE FOR CONSEQUENTIAL DAMAGES EVEN IF DARKNET NOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, DARKNET NOW SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, CONSEQUENTIAL OR OTHERWISE, OCCURRING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THESE SERVICES.

Customer shall indemnify, defend and hold harmless DARKNET NOW, its directors, employees, affiliates and agents from any action brought against them by any third-party in connection with this Agreement, from any claims resulting from the use of the service by you or any of your employees or agents or others.

Customer shall pay all damages and reasonable attorney fees arising as a result of Customer's use or misuse of any rights granted herein.

Nothing in this Agreement or to be done pursuant to its terms and conditions is intended to, or shall, create a partnership or joint venture, for tax purposes or otherwise, between DARKNET NOW and Customer.

Upon termination of an account, DARKNET NOW is authorized to delete any files, programs, email messages and data associated with such account.

Neither DARKNET NOW nor its affiliates shall have any liability for any such responsive actions. The above-described actions are not DARKNET NOW's exclusive remedies and DARKNET NOW may take any other legal or technical action it deems appropriate.

DARKNET NOW reserves the right to investigate suspected violations of the AUP, including the gathering of information from the parties involved and the complaining party, if any, and examination of material on the DARKNET NOW network. During an investigation, DARKNET NOW may suspend the account(s) involved and/or remove material that potentially violates that Policy.

You hereby authorize DARKNET NOW and its affiliates to involve and cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) system administrators at other Internet Service Providers or other network or computing facilities in order to enforce the AUP. Such cooperation may include DARKNET NOW providing the user name, IP address, or other identifying information about a customer.

The failure of DARKNET NOW or its affiliates to enforce the terms of this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

You agree that, if any portion of this Agreement is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

This Agreement is governed by, and shall be construed in accordance with the laws of the State of California. Venue for any litigation or claim hereto shall be the California State courts in Orange County, California, USA.

Customer consents and unconditionally submits to personal jurisdiction of the California State courts and waives any special treaty or legal requirements providing for restrictions upon such jurisdiction and on service of process.