Acceptable Use Guidelines

h2 Global, (herein after referred to as "h2") provides Internet World Wide Web hosting, Marketing, Development and Internet presence. h2 has certain legal and ethical responsibilities regarding the use of its server(s) and equipment involved in its products and services.

These policies apply to all service recipients (Customer) equally and shall be established by correspondence between h2 and Customer. Such policies shall be deemed to be incorporated by reference to this agreement. h2 and Customer shall retain copies of such policies for future reference. Because these policies may be added to, altered or removed at any time, it is in the best interest of the Customer to check them from time to time.

In consideration of the mutual covenants herein, the parties (h2 and Customer) agree to the following, which shall apply during the terms of this agreement.

Unauthorized Use

Customer will use his or her h2 account in a way that complies with all applicable laws and regulations. Customer will not use h2 services (including any website established on an h2 server) or the h2 website to publish, post, distribute or disseminate another’s proprietary information, including trademarks or copyrighted information, without express authorization of the rights holder. h2 reserves the right to immediately remove (with or without terminating the account) any website established on an h2 server or any material or information which infringes on another’s property rights. Any attempt to gain unauthorized access to any systems or networks will result in immediate action against the perpetrator(s). Actions may include and are not limited to warnings, account suspension or cancellation, and civil or criminal legal action.

Security

Passwords are to be maintained by Customer as private and confidential information. Information available through h2 network(s) may not be accurate. Internetworking communications are not secure and may be subject to interception or loss. h2 Global makes no warranties of any kind, whether expressed, implied, or statutory, concerning the data or information available through h2 network(s).

Impersonation / Forgery

Adding, removing, or modifying network header information (aka “spoofing”) in an effort to deceive or mislead is prohibited. Attempting to impersonate any person using forged headers or other identifiers is similarly prohibited. Use of anonymous remailers is not recommended. Please note that use of nicknames does not constitute impersonation.

Termination

h2 reserves the right to terminate accounts at any time, for any reason, including, but not limited to, failure to abide by the terms of this agreement or failure to pay fees or charges when due. If an account is deactivated, Customer may be required to pay reconnect charges and a prepaid deposit in order to re-activate the account. Any data stored on an h2 server will be deleted upon deactivation. Violation of certain generally accepted guidelines on Internet usage, such as restrictions on mass e-mailings and mass advertising, or posting to inappropriate newsgroups, may cause serious operating difficulties for h2 and would likely cause termination of Customer’s account.

Lawful Purpose

h2 reserves the right to refuse service to anyone. Customer may use h2 server(s) for lawful purposes only. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene and material protected by trade secrets. h2 expressly forbids anyone from using h2 servers for the propagation, distribution, housing, processing, storing or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which h2 deems objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of h2 management. h2 services are intended for the end user only. Customer cannot sublease, sub-host, or give away control of any portion of h2’s resources. Doing so will result in immediate account cancellation.

Disclaimers of warranty

h2 will not be responsible for any damages your business may suffer. h2 makes no warranties of any kind, expressed or implied, for the services it provides. h2 disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by h2 and its employees. h2 reserves the right to revise its policies at any time.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold h2 harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against h2 Global, its agents, its customers, officers, directors and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold h2 harmless against liabilities arising out of (1) any injury to persons or property caused by any products sold or otherwise distributed in connection with h2’s server(s); (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 h2’s server(s).

Terms

The initial term shall be effective for the term stated in the initial order. This agreement will be renewed automatically for subsequent terms of the same length unless one party gives notice of non-renewal to the other at least twenty (20) days prior to the next renewal date.

Venue

The parties hereby agree that venue for this contract and all agreements shall lie in Dallas County, Texas. The laws of the state of Texas shall govern this agreement. All legal disputes and court actions shall take place in Dallas County, Texas.

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