TRIAD Centers, LLC ("TRIAD")
Web Hosting Terms, Conditions and Acceptable Use Policy

By completing the TRIAD Web Hosting order form and submitting it to TRIAD, you (the "customer") are agreeing to the following terms and conditions as a requirement of installation and continuation of services from TRIAD. Breach of TRIAD's Web Hosting Terms, Conditions and Acceptable Use Policy ("AUP") is grounds for your account to be immediately terminated without warning.

1. Introduction.

TRIAD provides Web Hosting services. TRIAD has certain legal and ethical responsibilities consistent with the use of its servers, equipment and networks involved in these services. TRIAD reserves the right to suspend or cancel a customer's access to any or all services provided by TRIAD when we, in our sole discretion, decide that the account has been inappropriately used. TRIAD's Web Hosting services may only be used for lawful purposes.

2. Illegal Purposes

Transmissions and activities in violation of any federal, state or local laws, statutes, regulations, treaties and/or tariffs are a violation of this AUP and will result in immediate termination of services. TRIAD does NOT permit hosting of adult material content-based sites. Adult material is strictly forbidden on our network. Examples of transmissions and activities that are prohibited as potentially illegal include, but are not limited to:

• Transmitting or hosting material that is threatening, obscene, indecent, offensive, deceptive, defamatory or fraudulent;
• Transmitting or hosting material that is protected by copyright, intellectual property or trade secrets laws;
• Engaging in the transmission or hosting of pirated software or "Warez", hacker programs and/or archives, IRC Bots, Copyrighted Mp3's and/or violating U.S. exporting laws;

3. Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of TRIAD is strictly prohibited. TRIAD will react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Any unauthorized use of accounts or computers by a customer, whether or not the attacked account or computer belongs to TRIAD, will result in action against the attacker. Possible actions by TRIAD for any use or attempted use of an Internet account or computer without the owner's authorization include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the conduct.

4. Abuse of Shared Services

TRIAD's services are based on shared resources. Excessive use or abuse of the shared network resources by a customer may have an unfair impact on all other customers. Misuse of network resources in a manner that impairs network performance is prohibited and may result in immediate termination of your account without warning. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource intensive programs that could negatively impact other customers or the performances of TRIAD's or its third parties' systems or networks. TRIAD reserves, in its sole discretion, the right to suspend or cancel services to the customer because of any abuse of shared services.

5. Zero Tolerance Spam Policy

Spam in any form, including unsolicited commercial advertisements in e-mail, is NOT permitted and will result in immediate account suspension or cancellation. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list. Mailing lists via a mailing list manager are acceptable as long as the lists are OPT-IN lists to which people have signed up.

6. Internet Relay Chat and Chat Rooms

Internet Relay Chat (IRC) traffic is not permitted on our servers in any of its many forms including, but not limited to: BOTS and IRC servers. TRIAD does not allow customers to install their own chat rooms; without its prior approval. Contact TRIAD's support staff at hosting@TRIADcenters.com to obtain consent to set up a Chat Room.

7. Freemail Accounts

TRIAD will not accept FREEMAIL (e.g. hotmail.com, yahoo.com, etc.) accounts as the primary contact for your account on the order form unless we can verify your account via telephone.

8. Payment Policy

All invoices and receipts are sent via electronic mail, invoiced amounts due are in USD.

Payments are due net 10 days from receipt of our electronic invoice. Past due accounts will be suspended on the 11th day after receipt of electronic invoice and cancelled on the 20th day. A late charge of $5.00 will be added to your account if payment is NOT made by the 10th of the month. If you are NOT paying by credit card, please make checks or money orders payable in U.S. currency to the following:

TRIAD Centers, LLC - Hosting
P. O. Box 8321
The Woodlands, TX 77387-8321

New account signs should be made to ATTN: New Hosting account signup.

If your credit card charge is ever rejected for any reason, your account will be immediately suspended until payment arrangements have been made. If at any time we receive the error "PICK UP CARD", your account will immediately be cancelled and your card reported to the proper legal authorities. There is NO EXCEPTION to this policy. It is your responsibility at all times to keep us informed of your current name, address and all other contact and billing information.

Notice on Billing - Your credit card will reflect TRIAD Centers, LLC as the billing merchant for TRIAD.

There will be a 20.00 returned check fee for checks returned for NSF

9. Liability Limitation

TRIAD SHALL NOT BE LIABLE FOR DELAYS IN INSTALLATION, COMMENCEMENT OR RESTORATION OF THE SERVICES; FOR ANY TEMPORARY OR PERMANENT CESSATION OF SERVICE; FOR ERRORS, MALFUNCTIONS, DELAYS OR DEFECTS IN TRANSMISSION OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL TRIAD BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR REVENUES; FOR PUNITIVE DAMAGES ARISING FROM A BREACH OF THIS AGREEMENT, AND TO THE EXTENT ALLOWED BY LAW, FOR INJURY TO OR DEATH OF ANY PERSON AND FOR DAMAGE TO OR LOSS OF ANY PROPERTY ARISING OUT OF OR ATTRIBUTABLE TO TRIAD'S OPERATIONS AND PERFORMANCE UNDER THIS AGREEMENT. TRIAD MAKES NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS, OR FITNESS FOR ANY PURPOSE OF THE SERVICES, EQUIPMENT OR ANY OTHER MATTER PROVIDED UNDER THIS AGREEMENT, ALL OF WHICH WARRANTIES ARE HEREBY EXCLUDED AND DISCLAIMED.

10. Indemnification

Customer agrees that it shall defend, indemnify, save and hold TRIAD harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against TRIAD, 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 TRIAD against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with TRIAD's server; (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 TRIAD's server.

11. Cancellation

TRIAD reserves the right to cancel service at any time for any reason. Any fees paid in advance of cancellation will be prorated and refunded if TRIAD institutes its right of cancellation, without cause. Any violations of TRIAD's policies by the customer are cause for canceling services and the customer will not be entitled to refund as a result of such cancellation. Any violation of policies that results in extra costs being incurred by TRIAD will be billed to and paid by the customer.

12. Governing Law; Revisions

These terms, conditions and acceptable use policy shall be governed and construed under the laws of the State of Indiana. Any lawsuit arising out of this agreement and the services provided by TRIAD shall only be filed in the Circuit or Superior Courts in Montgomery County, Texas and the customer agrees to the personal jurisdiction of such courts. TRIAD reserves the right in its sole discretion at any time to modify, change, add, or remove the terms, conditions and policies contained herein upon notice published on-line or delivery via electronic mail. Customer's use of the services after such notice shall constitute customer's acceptance of any such modifications, changes, additions or removals.

If you have any questions, please contact hosting@TRIADcenters.com or call us at (281) 924-9331. To report known violations of this AUP to TRIAD Hosting, please contact us with detailed information regarding the violation to abuse@TRIADCenters.com