Network Eleven reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. Network Eleven strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. Any such unlawful activity or abuse of servers negates any kind of guarantees or chance for a refund. This Agreement is imposed to protect you, other Network Eleven customers, and us against harm.

1. APPROPRIATE USE OF THE SERVICES Network Eleven provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.

Client Content: Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Network Eleven server in connection with Client's use of the Services which:

• infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Network Eleven or any third party;
• violate any provincial, state, federal or foreign laws or regulations;
• are defamatory, slanderous or trade libelous;
• are threatening or harassing;
• are discriminatory based on gender, race, age, or promotes hate;
• violate our Acceptable Use Policy;
• contain viruses or other computer programming defects which result in damage to Network Eleven or any third party.

Bandwidth: Client may occupy only the amount of disk space on the Network Eleven Server and utilize no more than the network bandwidth that is allotted by Network Eleven. Additional fees of $5/GB will be charged for exceeding the network bandwidth allowance of your selected plan.

CGI Scripts Policy: Each account comes with its own cgi-bin. You are free to use any allowable CGI scripts you wish; however, we reserve the right to disable any CGI script that effects normal server operation or service to other Network Eleven customers. Examples of these kind of scripts include message boards based off a flat text database, scripts running as background processes or those consuming a large amount of resources. No chat room or similar scripts allowed.

Resource Utilization: Each account is allowed unfettered access to server resources. You are allowed to do whatever you want with the resources; however, we reserve the right to suspend any account that effects normal server operation or service to other Network Eleven customers.

Prohibited Scripts: Below you will find a list of scripts you may not run with our services due to their poorly written utilization of server resources as well as for security purposes.



• UltimateBBS (all versions)
• Ikonboard (all versions)
• IRC Egg Drops
• Proxy Servers
• nph-proxy
• The Anonymizer
• any soap mailer

No "SPAM": Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at Network Eleven, or otherwise, that mentions or reference any domain hosted on Network Eleven servers or parked on Network Eleven DNS servers. Clients found to be using Network Eleven resources to send spam will be subject to a fine of $150.

Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

Termination: Network Eleven reserves the right to refuse service to anyone. Network Eleven, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact Customer Support.

2. PAYMENT OBLIGATIONS Full payment is required from Client before any Service is rendered, which includes renewals. Payment will be automatically collected at the beginning of Client's billing cycle using billing information provided by client during signup or subsequent update.

Prompt Payment. Client must promptly remit payment to Network Eleven when it is due. If payment or credit authorization is not received by the date due, Network Eleven reserves the right to delete all content from the Clien't website and make it inaccessible to Client. Furthermore, Network Eleven shall utilize the services of collection agencies to collect amounts due and also reserves the right to report delinquent accounts to credit bureaus.

3. CLIENT LIABILITY AND INDEMNIFICATION The parties agree that in no event shall Network Eleven be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Network Eleven from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.

You agree to use all Network Eleven Services and facilities at your own risk. Network Eleven specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Network Eleven be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Client agrees that it shall defend, indemnify, save and hold Network Eleven harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Network Eleven, 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 Client, it’s agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Network Eleven against liabilities arising out of: any injury to person or property caused by any products sold or otherwise distributed in connection with Network Eleven Services; any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective products sold to customer from Network Eleven's servers.

Network Eleven shall be the sole judge of what violates this Policy.

4. TERM, TERMINATION & CANCELLATION Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services ("Billing Cycle Date"), and shall continue in effect for a period equal to that of the Billing Cycle Period unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement, however, notification of termination must be received at least ten days prior to your Billing Cycle Date in order to avoid charges in full for the next Billing Cycle. If Client is terminating this Agreement, Client must request cancellation by emailing the Network Eleven billing department. Network Eleven will respond with a cancellation email, which Client shall retain as proof of termination. It is the Clients Responsibility to secure email confirmation from Network Eleven that account has been cancelled. If the Client has not received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. If Client has a balance due at the time of termination, this balance must be paid in full. Termination does not absolve Client of any outstanding financial obligations and does not entitle Client to any partial refund. All Client cancellation requests will become effective within 30 days after termination notice has been provided to Network Eleven. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 - 8 shall survive termination or expiration of this Agreement. In case that the Client's continuing usage of the service is jeopardizing the stability of Network Eleven's service to other clients, Network Eleven reserves the right to immediately terminate this agreement.

5. TAXES Client will pay and indemnify and hold Network Eleven harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

6. DISCLAIMER OF WARRANTY THE SERVICES, THE NETWORK ELEVEN SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE NETWORK ELEVEN SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. Network Eleven DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Network Eleven SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

7. LIMITATION OF LIABILITY IN NO EVENT SHALL NETWORK ELEVEN BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE NETWORK ELEVEN SITE OR ANY NETWORK ELEVEN PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL NETWORK ELEVEN’S CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIFTY DOLLARS ($50 US).

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Network Eleven. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America and Canada, except with regard to their conflict of law rules. This Agreement and Network Eleven’s policies are subject to change by Network Eleven without notice. Continued usage of the Services after a change to this Agreement by Network Eleven or after a new policy is implemented and posted on the Network Eleven Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Network Eleven Site for any changes or additions.