General Terms, Parties to this Agreement, and Terminology
These Terms of Service (TOS) constitute a legal contract between Netizen Studios (Web Site Hosting and Related Services Provider, also referred to as "us" or "Provider") and the subscriber to these services, also referred to as "customer" or "client." All clients/customers must be at least 18 years of age to enter into this agreement and contract for services. All web site hosting and combined hosting & maintenance is provided on a prepaid subscription basis, and enabled after the proper payment is made for the chosen subscription term (month, quarter year, half year, or year), unless Provider chooses to accept or enter into other written contract(s) that specify otherwise. This policy supercedes any verbal agreement or conversation dealing with these matters, as conversational interpretations and recall of detail is subjective in nature. The sole exception to verbal agreements is the amount of a design deposit, necessary to begin a design project, which will be annotated and included in a written design agreement.

Content:
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: material judged to be threatening or obscene and copyrighted material or material protected by trade secret and other statute that is used without permission. The customer/subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited. In addition any site selling, using, or promoting Bulk email services or software is not allowed.

Examples of non-acceptable content or links:

• Pirated software
• Hackers programs or archives
• Warez Sites
• IRC (internet relay chat software) Bots
• Mp3 files distributed illegally (without copyright owner's approval, proper license and royalties)
• All other types of files or images displayed or made available without copyright owner's approval

We will be the sole arbiter as to what constitutes a violation of this provision. Any customer's web site that accepts user content or postings, such as blog comments, must filter these postings in order to comply with all terms of service.

To report abuses, please contact: us.

Commercial Advertising - Email:
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. Advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam to be any unsolicited commercial email (UCE) or unsolicited bulk email (UBE) in the mediums of Newsgroups, Fax, and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $100 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. We take pride in having one of the strictest anti-spam policies. To report abuses, please contact us. As such, any violation will result in immediate deactivation of services without refund.

Server Abuse:
Any attempts to undermine or cause harm to a server is strictly prohibited.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold Netizen Studios harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Netizen Studios, its agents, its customers, officers and employees, and providers, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customers, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Netizen Studios against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Netizen Studios' or it's provider'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 customers through Netizen Studios' or it's provider's servers.

Web Site Hosting Fees and Late Payments
The hosting fees are all paid in advance for the next period. Ongoing hosting is invoiced via an emailed PDF file shortly before the anniversary of each account's activation. As a "good faith" effort, we have allowed a few accounts to get behind in payments without penalties - this policy is no longer in effect, as of August 29, 2007. At our sole discretion, any account in past due status will be assessed a 10% (minimum $10) late fee and/or temporary disablement of services, including disabled availability of the affected web site, web pages, webmaster access (such as FTP and login capability), and email service. Files that are present at the time of disablement will be saved for 60 days, and deleted after that unless payment is made to bring the account up to date. Netizen Studios bears no responsibility or liability for any lost customer business or other problems caused by the temporary disablement of web site hosting services and/or email services, or deletion of files for accounts more than 60 days past due. A warning email will be sent to the email address we have on file, and an attempt to contact by phone will be made.

Current Means of Contact:
It is the customer's/subscriber's responsibility to monitor email sent to their email address, as well as informing Provider of changed contact details, including phone number, postal address, email address, and/or change in name or responsible contact person.

Refusal of Service:
We reserve the right to refuse or cancel service at our sole discretion.
If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.

Link Policy
Netizen Studios bears no responsibility or indemnity for any outside links, customer's website content, or their suitability. Spyware, unintended programming mistakes, and computer viruses are prevalent at many web sites, particularly ones that allow user-supplied content, Javascript, and complex "web 2.0" features. Internet users should be sure that their computer systems have all of the latest patches and updates, as well as a good firewall and anti-virus/anti-spyware software that is updated constantly.

Design & Maintenance Copyrights
Unless specified in writing, Netizen Studios and/or it's individual subcontractors, designers, artists, animators, cinematographers, and programmers retain ownership rights to the content or portions of content that they created, and a limited license permission for use granted to the customer/client. Additional and separate fees and/or royalties will be specified according to the anticipated usage.

Refunds, Account and/or Service Cancellations
Refunds are available for any full months (not partial months) remaining of a prepaid subscription term.
Our Guarantees:

Please note that this document is subject to change.