BanPro NET
[Bannon Productions]
SERVICES AGREEMENT

BanPro NET agrees to provide services to the Customer subject to the following TOS (Terms of Service) & AUP (Acceptable Usage Policy). BanPro NET reserves the right to change this TOS & AUP at any time without notice to the Customer.

Payments and Fees: Establishment of this service is dependent upon receipt by BanPro NET of payment of stated charges. Subsequent payments are due on the anniversary date of the account billing cycle for service.

Failure to Pay: BanPro NET may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges. Service may be interrupted on accounts that reach 7 days past due.

Cancellations: The customer may choose to cancel at anytime. To cancel your account send a ticket to the Sales Department. All cancellations within the first 2 months of service will be subject to a fee of $12.95 for domain name registration if that domain name was registered by BanPro NET for you upon signup at no cost.

New Virtual Hosting Accounts: All new virtual hosting accounts will be setup within 1 business day.

SPAM: BanPro NET takes a zero tolerance approach to the sending of spam email using BanPro NET's servers. Very simply this means that customers of BanPro NET may not use or permit others to use our network to transact in spam emails. Customers of BanPro NET may not host, or permit hosting of, sites or information that is advertised by spam from other networks. Violations of this policy carry severe penalties, including termination of service.

As our Customers are ultimately responsible for the actions of their clients, while using BanPro NET servers it is advisable that Customers develop a similar, or stricter, policy for their clients.

Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer. BanPro NET will monitor Customer's bandwidth and disk usage. Each extra gigabyte of bandwidth exceeding the limit will be billed at $2.50 per gigabyte. Customer will be billed $3.00 for each extra 100 MB space exceeding the limit. Over-usage fees will be billed at the end of the month. Failure to pay will result in account suspension.

System and Network Security: Users are prohibited from violating or attempting to violate the security of any network. Violations of system or network security may result in civil or criminal liability. BanPro NET will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Taking any action in order to obtain services to which such User is not entitled.

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

First violation: Any User, which BanPro NET determines to have violated any element of this AUP, shall receive an email warning them of the violation. The service may be subject at BanPro NET's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second Violation: Users that BanPro NET determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

Suspension of Service or Cancellation: BanPro NET reserves the right to suspend access to any customer if in the judgment of the BanPro NET system administrators the customer's account or server is the source or target of the violation of any of the other terms of the AUP or for any other reason which BanPro NET chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's accounts or servers were suspended.

BanPro NET reserves the right to amend its policies at any time. All Customers of BanPro NET must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification Policy: BanPro NET reserve the right to refuse service to anyone for any reason not prohibited by law. We also reserve the right to terminate service to any customer for any reason not prohibited by law. You agree to use all BanPro NET services at your own risk. BanPro NET specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall BanPro NET be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold BanPro NET harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against BanPro NET, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless BanPro NET against liabilities arising out of:

1. any injury to person or property caused by any products sold or otherwise distributed in connection with BanPro NET's servers;
2. any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
3. copyright infringement and
4. any defective products sold to customer from BanPro NET's server.

BanPro NET shall be the sole arbiter as to what violates this Policy.

Contact Information: You must provide us with, and keep current, good contact information for you. E-mail contacts are used.

BanPro NET is not responsible for the content of any other websites linked to the BanPro NET servers; links are provided as Internet navigation tools only. BanPro NET disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

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

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

Responsibility for Content: You, as BanPro NET's customer, are solely responsible for the content stored on and served by your BanPro NET server.

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In agreement with BanPro NET's TOS (Terms of Service), BanPro NET may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. BanPro NET may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of your BanPro NET account.

While BanPro NET is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both BanPro NET and the Internet cannot be permitted under the guise of free speech. The resources of BanPro NET and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your service to publish material, which BanPro NET determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a BanPro NET account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

VIOLATIONS OF the BanPro NET ACCEPTABLE USE POLICY

The following constitute violations of this AUP:

Illegal use: BanPro NET's services may not be used for illegal purposes, or in support of illegal activities. BanPro NET reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm to minors: Use of a BanPro NET service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

Threats: Use of a BanPro NET service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment: Use of a BanPro NET service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent activity: Use of a BanPro NET service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam.

Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

SPAM: Use of a BanPro NET service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending BanPro NET account or server.

E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending BanPro NET account or server.

E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through a BanPro NET service is in violation of this AUP.

Unauthorized access: Use of a BanPro NET service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of BanPro NET's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending BanPro NET account or server is subject to immediate termination.

Copyright or trademark infringement: Use of a BanPro NET service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Collection of personal data: Use of a BanPro NET service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Network disruptions and unfriendly activity: Use of a BanPro NET service for any activity which affects the ability of other people or systems to use BanPro NET Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Customer may not, through action or inaction, allow others to use their services for illegal or inappropriate actions. A Customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. BanPro NET will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Infringement of Copyright, Patent, or Trademark: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using BanPro NET's services could result in suspension service.

Third Party Accountability: BanPro NET subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

Violation Of BanPro NET Virtual Accounts: It is absolutely forbidden to host illegal pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

SECURITY

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

• Your password provides access to your account. It is your responsibility to keep your password secure.
• Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
• Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
• You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
• You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
• You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
• Users who violate systems or network security may incur criminal or civil liability. BanPro NET will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Performance
BanPro NET accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of BanPro NET servers. BanPro NET will normally attempt to provide Customers with options for resolving such instances, but always reserves the right to terminate or limit such activities.

REVISIONS TO THIS ACCEPTABLE USE POLICY
BanPro NET reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).