Prohibited are sites that promote any illegal activity or present content that may be damaging to ENP's servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

• pirated software
• hacker programs or archives
• Warez sites
• any site that consumes more than 20% (35% for resellers) of system resources

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, ENP WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Following are a list of sites that will require more than 20% of our system's resources:

• multiple domains residing at a single IP address
• domains with archives or galleries (i.e., .gif, .jpg, .exe, .zip, .tar, etc.)
• domain accounts offering download files
• We are not saying that your web site cannot contain such files; however, if at any time they consume more than 20% of our system's resource (or 35% for resellers), you will be contacted to resolve the problem. ENP will be the sole arbiter as to what constiutes a violation of this provision.

Traffic Usage

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $4.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.

Chat Rooms

We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option.

Background Running Programs

We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred, based on system resources used and operational maintenance required.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of ENP is strictly prohibited.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of ENP must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing

By the Account Activation Date of each month, ENP shall either: (1) debit the client's credit card (when such information has been provided by the client); or (2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to ENP by no later than the specified payment due date. ENP shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees

Certain services carry a set-up fee charged by ENP to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to ENP and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded. If client has retained the services for one year and has pre-paid ENP for such services, refunds will be issued for any unused full month of the services, upon client's request. Therefore, if client's account is canceled at any point during the one-year term, client will be entitled to a refund for the months remaining, after notice given by the 25th day of the preceding month.

Account Deactivations

Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.

Refunds

We offer a 30 day money back guarantee on hosting accounts. We must receive the request in writing with a signature of the card holder on file in order to process any cancellations. All cancellations can be faxed or mailed to the contact information available on our site. We DO NOT refund partial monthly fees to accounts canceling after their 30-day initial account activation period. Therefore, only pre-paid full monthly fees existing on account will be refunded. No refunds are given on any dedicated servers or setup fees for dedicated servers.

PLEASE NOTE: domain name registration fees WILL NOT be refunded.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability

ENP shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from ENP' servers going off-line or being unavailable for any reason whatsoever. Furthermore, ENP shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of ENP' servers. All damages shall be limited to the immediate termination of service.

Violations

Violations of these Acceptable Use Policies should be referred to support@enonprofits.org. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

ENP cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by ENP are resold. Thus, certain equipment, routing, software and programming used by ENP are not directly owned or written by ENP. Moreover, ENP holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as ENP sees fit.

Account Activation

By activating your account with ENP, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

ENP reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

ACCEPTABLE USE POLICY
As a provider of web site hosting and other Internet-related services, ENP offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. ENP respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, ENP reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, ENP has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using ENP' services. This AUP will be revised from time to time. A customer's use of ENP' services after changes to the AUP are posted on ENP' web site, www.enonprofits.org, will constitute the customer's acceptance of any new or additional terms of the AUP resulting from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through they Internet, they must keep in mind that ENP cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because ENP cannot monitor or censor the Internet, and will not attempt to do so, ENP cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that ENP does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over ENP's network and may reach a large number of people, including both subscribers and non-subscribers of ENP, subscribers' postings to the Internet may affect other subscribers and may affect ENP's goodwill, business, reputation or operations. For these reasons, subscribers violate ENP policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming: Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward ENP, but also because it can overload ENP's network and disrupt service to ENP's subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, ENP will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Futhermore ENP reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should ENP choose to pursue and prosecute.

Intellectual Property Violations: Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy and patents held by individuals, corporations or other entities. Also, engaging in activity that violates privacy, publicity or other personal rights of others. ENP is required by law to remove or block access to customer content, upon receipt of a proper notice of copyright infringement. It is also ENP' policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials: Using ENP's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. ENP is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language: Using ENP's network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks: Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities: Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP: Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks and piracy of software.

Export Control Violations: Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups: ENP reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities: Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities: Engaging in activities, whether lawful or unlawful, that ENP determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. ENP will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with ENP' policy or applicable law. However, when ENP becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by ENP.

ENP is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching ENP's facilities from those subscribers may have originated from a customer of the subscriber or from another third party. ENP does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. ENP reserves the right to directly take action against a customer of its subscribers. Also, ENP may take action against the ENP's subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, ENP anticipates that subscribers who offer Internet services will cooperate with ENP in any corrective or preventive action that ENP deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of ENP policy.

ENP will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. ENP may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, ENP may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. ENP assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, ENP may disclose subscriber information or information transmitted over its network where necessary to protect ENP and others from harm, or where such disclosure is necessary to the proper operation of the system. However, ENP will never sell information to other services or outside companies.

ENP expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate ENP policy. Finally, ENP wishes to emphasize that, in signing the Service Agreement, subscribers indemnify ENP for any violation of the Service Agreement, law or ENP policy resulting in loss to ENP or the bringing of any claim against ENP by any third party. This means that, if ENP is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against ENP, plus costs and reasonable attorney's fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including ENP and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to support@enonprofits.org