URS2.NET - Internet Service Provider - Dedicated and Virtual Hosting

TERMS AND CONDITIONS FOR URS2 SERVICES

The terms and conditions for URS2 services are set forth below and constitute the complete agreement and understanding between URS2 and you as a new URS2 customer. Upon notice published on-line via URS2 from time to time, URS2 may modify any of these terms and conditions, including URS2 pricing and fees, services or cancellation terms.

YOUR CONTINUED USE OF URS2 WILL CONSTITUTE YOUR COMPLETE ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS AND CONDITIONS.

URS2 SERVICES

URS2 will provide certain services on its host computing systems to individual and business account holders, including, but not limited to, access to computing, telecommunications, software and information services provided by URS2. These services also include the provision of access to computing, telecommunications, software and information services provided by others via the Internet.

URS2 FEES

An initial setup fee is assessed to open your account with URS2, the amount depending on your class of service. This fee is non-refundable. Monthly fees and special conditions are not published in this document, but are available upon request from the business office.

The current monthly URS2 fee will be debited from your checking account or from your Credit Card account. By special arrangement and by paying Annually or Semi-Annually, you may be sent an Invoice for services. All fees are billed in advance, and no pro-rata refunds will be made if service is not used or if the user decides to drop the service before the next billing date. Accounts will be billed based on the day you begin service. Service payments are charged in advance of receiving services. All monthly fees are billed on the first of the month

Any returned draft will incur a $25.00 handling fee.

Payment of your monthly fee and compliance with these terms and conditions entitles you to access the URS2 system during each billing period.
URS2 fees and charges are subject to modification at any time and will become effective upon 30 days notice published on URS2's home page or by e-mail notification to existing users of the system.

USING THE SERVICE

You agree to use all URS2 services in accordance with applicable local, state, federal and international laws, treaties and regulations.
URS2 accounts are established for individual subscribers only (your business is considered an individual subscriber). You assume full responsibility for the security of your URS2 password and agree not to share your URS2 password for account access with any other person. You are solely responsible for prompt notification of URS2 for the loss or theft of your password. You will be relieved of liability for charges incurred through the use of a lost or stolen password only after URS2 receives written notice from you. URS2 may apply a reinstatement charge to your checking account following the issuance of a new password.

You agree not to use any process, program or tool for determining or using the password of any other URS2 or other similar system subscriber. You agree not to use URS2 services to make unauthorized or unlawful attempts to access the systems and networks of others.
URS2 services shall not be used to send unsolicited advertising or promotional materials to other network users. The sending of any unsolicited email advertising messages to this domain will result in the imposition of civil liability against you in accordance with Cal. Bus. & Prof. Code Section 17538.45.
Electronic mail and appropriate USENET news groups may be used in the conduct of legitimate businesses.
You are solely responsible for all hardware and software used to access URS2 and its services.
You are not entitled to assign or transfer any of your rights or obligations under these terms or conditions.

USING MATERIAL ON URS2 OR OTHER NETWORKS

All copyrighted materials, such as images, text and programs, may be used only in accordance with applicable federal and state laws and international treaties. Your use of any such materials is undertaken by you at your own cost and risk. If you use any materials subject to copyright protection, you must do so only as expressly permitted. URS2 is not responsible for your use of copyright materials.
You agree to comply with all copyright notices included in URS2 or any other services or networks accessed by you through URS2. You agree to not copy, transmit or retain data, programs, materials, text, images, information, or the like, received from or through URS2, its services, or networks accessed there from, except as specifically and expressly authorized in advance by the owner and supplier thereof. You agree to comply with all terms and conditions of any other supplier of services or network provider accessed through or from URS2 in connection with such service or information, data, programs, images, materials or the like provided thereby.
You are solely responsible for your use of any "shareware" accessed through the Internet. URS2 assumes no responsibility for your use of any such material. Shareware may also be subject to copyright laws and protection. Your use of any such materials is undertaken by you at your own cost and risk. URS2 does not control or monitor use of any public domain materials, images, text, programs, information, data, or the like obtained by any URS2 subscribers through its services or the Internet. You assume all risks regarding the use of such material and whether the material is in the public domain.
You are solely responsible for and obligated to comply with all proprietary and restrictive notices that may appear in URS2 or any of its services or networks,

INFORMATION CONTENT

MATERIAL MAY EXIST ON PORTIONS OF THE INTERNET THAT MAY BE OFFENSIVE AND UNFIT FOR CERTAIN AGE GROUPS OR AUDIENCES. URS2 DOES NOT CENSOR, EDIT OR EXERCISE ANY CONTROL OVER INFORMATION THAT IS AVAILABLE TO YOU OR THAT YOU MAY PROVIDE TO OTHERS THROUGH ANY PORTION OF THE INTERNET.
IT IS YOUR EXCLUSIVE RESPONSIBILITY TO MONITOR AND CONTROL ACCESS TO INFORMATION AVAILABLE IN THE INTERNET. URS2 ACCEPTS ABSOLUTELY NO RESPONSIBILITY FOR THE CONTENT OF ANY INFORMATION OR DATA MADE AVAILABLE IN OR THROUGH THE INTERNET.

ABUSE OF SERVICES

Any use of URS2 system resources that disrupt the normal use of the system for other URS2 customers will be deemed an abuse of system resources, and URS2 may take whatever action it determines is advisable to immediately terminate any such disruption. URS2 considers examples of system abuse to include, without limitation, spawning multiples processes, consuming excessive amounts of memory or bandwidth, CPU for long periods of time, and staying attached to modems while not really "active" on the line. Depending on the nature and the severity of the abuse, THE user may receive an e-mail warning or have their accounts suspended by URS2, all at the sole, subjective and absolute determination of URS2.

CANCELING AN ACCOUNT

URS2 reserves the right to cancel any account without notice at any time and for any reason, including without limit for failure to pay any applicable URS2 fees or charges when due.
Cancellation requests by URS2 subscribers must be received in writing via postal service at URS2's main office located at 3631 10th Street, Suite 215, Riverside, CA 92501. Such requests must be received by 5:00 P.M. Pacific time at least five business days before the end of the current billing period in order to be processed by the beginning of the next billing cycle. All URS2 accounts must be paid in full concurrently with any cancellation request.

DISCLAIMER OF WARRANTY

URS2 DOES NOT WARRANT THE ACCURACY OR CORRECTNESS OF ANY DATA OR INFORMATION OBTAINED THROUGH URS2 OR ANY OF THE SERVICES ACCESSED THERE FROM, INCLUDING WITHOUT LIMITATION THROUGH THE INTERNET OR ANY OTHER NETWORKS ACCESSED THROUGH URS2. ALL SERVICES AND NETWORKS ACCESSED THROUGH OR PROVIDED BY URS2 ARE PROVIDED TO YOU ON AN "AS-IS" BASIS. URS2 PROVIDES ABSOLUTELY NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMIT ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. URS2 ASSUMES NO RESPONSIBILITY WHATSOEVER IN CONNECTION WITH THE USE OF ANY SERVICES, NETWORKS, INFORMATION OR DATA MADE AVAILABLE BY OR THROUGH URS2, ITS SERVICES OR OTHER NETWORKS AND ALL USE THEREOF IS UNDERTAKEN AT THE SOLE AND EXCLUSIVE RISK OF THE USER. URS2 SHALL NOT BE LIABLE TO ITS SUBSCRIBERS FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THE USE OF ANY INFORMATION, NETWORKS, DATA OR SERVICES OBTAINED FROM OR THROUGH URS2, THE PERFORMANCE OR BREACH OF THE TERMS AND CONDITIONS HEREUNDER, OR THE ACCURACY OR CORRECTNESS OF THE INFORMATION OR DATA OBTAINED FROM OR THROUGH URS2 OR ANY OTHER NETWORKS. IN NO EVENT SHALL URS2 BE LIABLE TO ANY OF ITS SUBSCRIBERS FOR ANY DAMAGES RESULTING FROM OR RELATED TO ANY FAILURE OR DELAY OF URS2 OR ANY OTHER NETWORKS OR SERVICES PROVIDED BY OR THROUGH URS2 IN PROVIDING ACCESS TO INFORMATION, DATA, NETWORKS OR SERVICES OR FOR ANY INACCURATE, INCORRECT OR OMITTED INFORMATION, DATA OR OTHER MATERIAL.

It is specifically agreed that Urs2.net will in no way be responsible for any back up of any data or information stored on any of its computers. Back up of any of said information is the sole responsibility of the owner of that information or data.

Since URS2 is relying on mechanical equipment and outside vendors, including but not limited to, the telephone company and the power company, URS2 makes no warrantees as to providing uninterrupted service. In the case of service being interrupted for periodic maintenance or other instances where a "non-emergency" shutdown is required, a notice will be posted to all users via E-Mail. These shut downs, as well as shut downs, including but not limited to, mechanical break down, power outage or phone line interruption, are a normal occurrence in the business. All users agree that URS2 shall not be held liable in any way for any loss or perceived loss due to any shut down or interruption of service.

CO-LOCATION OF EQUIPMENT IN URS2 OFFICES
Individuals or Companies co-locating equipment in the offices of urs2 shall agree to all provisions of the urs2 user Terms and Conditions. In addition to the conditions set forth there, those individuals or Companies agree to the following Terms and Conditions.

1. Their access to their equipment shall be available during the hours that urs2 is normally manned by its regular employees or technicians. Please note that the regular hours of operation at urs2 does not hold to a set daily schedule and this statement is not to be construed to mean 8 to 5, Monday through Friday. A phone call must be made to the offices of urs2 prior to any visit to perform maintenance on the co-located equipment. At no time will said maintenance be performed in any manner that will disturb the normal operation of urs2 or disturb the duties of any urs2 employee or technician.

2. Access required by the Individual or Company to its equipment at a time when urs2 would not be normally manned will be charged at an hourly rate of $125 per hour including drive time to and from the urs2 offices by the technician or employee opening the office for the Individual or Company requesting the service with a minimum charge of one hour.

3. The normal monthly rate for co-hosting of any Individuals or Companies equipment may be adjusted from time to time based on bandwidth usage. 5 Meg of data transfer per month per IP Address would be considered average and normal.

4. Monitoring of Bandwidth usage will be done on a monthly basis within the first 5 days of each month. The owner of the co-located equipment will provide to urs2 a verifiable bandwidth usage report for each IP Address on the co-located computer on or before the 6th of each month. Urs2 technicians will have the necessary access to each co-located computer to confirm the accuracy of each report. If the average bandwidth usage is over the average and normal usage stated in paragraph 3 above, the owner of the co-located computer(s) agrees to immediately pay the current stated rate for any excess bandwidth usage.

5. Urs2 places no restrictions on the use of any co-located equipment other than stated in the regular Terms and Conditions stated above except that any high usage bandwidth applications or service must be declared before placing such high usage in service. High usage bandwidth applications or service shall include, but not limited to, MP3's, X Rated, Games, Wares, streaming audio or video or any other high usage data transfer program or service.

6. Additional IP Addresses may be added to a co-located computer from time to time upon request of the owner of the equipment. When added, the monthly rate in effect at the time will be adjusted by the current rate being charged for IP Addresses.

7. Urs2 is not responsible for any maintenance, repair, damage or theft of any equipment co-located on urs2 premises. It shall be the sole responsibility of the owner of the equipment to insure it to its full value for any loss that may occur during the term of co-location. If the owner of the co-located equipment requests the technicians at urs2 to perform any kind of maintenance on their equipment, urs2 will bill the labor to the owner at the rate of $75 per hour, with a 30 minute minimum. Said labor shall be performed to the best ability of the technician and the owner of the equipment shall hold urs2 and the technician harmless of any damage or perceived damage to said equipment or the data on the drives or memory of said machine that may occur as a result or perceived result of that maintenance.

8. All co-location is on contract for a specific time. Renewal of that contract is automatic unless the Individual or Company owning the equipment gives urs2 written notice via U. S. Postal Service 30 days before said renewal date that they wish to terminate the co-location agreement. Urs2 reserves the right to disconnect the co-located equipment without notice for any abuse or breach in any of the Terms and Conditions set above or if any invoice or bill is not paid by the due date. If the co-located equipment is disconnected for any breach or abuse of the Terms and Conditions, it can be reconnected once the breach or abuse is corrected. If the co-located equipment is disconnected for non payment or late payment it can be reconnected once the payment has been brought current. In either case a reconnecting fee equal to one months billing will be paid to urs2 before the reconnecting takes place.

9. In the event of default on the part of the Individual or Company owning the co-located equipment, the balance of the contract will immediately become due and payable along with any charges and fees yet unpaid. The Individual or Company owning the co-located equipment specifically agrees that they will be responsible for any and all collection or attorneys fees that may become necessary for urs2 to collect under the terms of this agreement.

Thank you for your attention to this policy.