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Please read the following terms and conditions of SexTracker Hosting. Also, please take the time to read our acceptable use policy.

1. Warranties/Disclaimer

SexTracker Hosting service is provided by Flying Crocodile, Inc. on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to SexTracker Hosting or any information or software therein. You release Flying Crocodile, Inc. from any liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the SexTracker Hosting services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by Flying Crocodile, Inc.'s own negligence. Without limiting the generality of the foregoing, Flying Crocodile, Inc. disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the SexTracker Hosting services. In no event shall Flying Crocodile, Inc.'s aggregate liability exceed the amount paid by you to Flying Crocodile, Inc. for the SexTracker Hosting services. Use of any information obtained via Flying Crocodile, Inc.'s SexTracker Hosting Internet service is at the user's own risk. Flying Crocodile, Inc. specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

2. Security

The Customer is responsible for all use of the Customer's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. Flying Crocodile, Inc. will suspend access or change access to Customer's account(s) as soon as practical upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised. Flying Crocodile, Inc. is not liable for any usage and or charges prior to Flying Crocodile, Inc. making the necessary account alteration. Electronic mail on this system is as private as we can make it. Flying Crocodile, Inc. customers are reminded that no computer network can ever be considered completely safe from intrusion. E-Mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted - and even encrypted information is only as secure as the encryption method utilized.

3. Personal Files

Flying Crocodile, Inc. is not responsible for any Customer's personal files residing on SexTracker Hosting. The Customer is responsible for independent backup of the Customer's data that is stored on SexTracker Hosting. Flying Crocodile, Inc. reserves the right to delete any Customer's personal files after one or both parties terminates the service agreement between Flying Crocodile, Inc. and the Customer.

4. Non Transferability of Account

The right to use SexTracker Hosting Internet service is not transferable. Use of SexTracker Hosting accounts is expressly limited to the individual or business whose name appears on the original or initial account and dependents of the account holder living at the same address. A Customer may use no more than one log-in session per account at any time. If a Customer has multiple accounts, the Customer is limited to one log-in session per account at any time.

5. Network Address Ownership

Any network address assignments issued by Flying Crocodile, Inc. (i.e., IP addresses and Class C address space) are the property of Flying Crocodile, Inc. and are considered loaned to its customers. In the event service with Flying Crocodile, Inc. is discontinued for any reason, such addresses will revert to Flying Crocodile, Inc. If a Customer of Flying Crocodile, Inc. participates in a service Flying Crocodile, Inc. provides for a unique Domain Name System (DNS) entry, the Customer will retain ownership of the assigned Domain Name, but not the IP address to which it was assigned by Flying Crocodile, Inc.

6. Compliance with all Laws

Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations of the United States of America, the State of Washington, and the Customer's locality. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. The Customer agrees that any material to be reproduced or transmitted on the SexTracker Hosting network through Customer's account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. Software intended to facilitate any such violations or infringements may not be stored on SexTracker Hosting. The Customer shall defend, indemnify and hold harmless Flying Crocodile, Inc. from and against any claims, liabilities and expenses, including attorney fees, resulting from any Customer's use of SexTracker Hosting service or a Customer's account in an unlawful manner or otherwise in violation of or contrary to the Customer's Agreement with Flying Crocodile, Inc. or Flying Crocodile, Inc.'s Acceptable Use Policies. Flying Crocodile, Inc. retains the right to have the ability to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation, judicial, or other governmental request to operate the Service properly, or to protect itself or its subscribers. Flying Crocodile, Inc. will not intentionally monitor or disclose any private electronic-mail messages unless required by law or by court of law. Flying Crocodile, Inc. reserves the right to refuse to post or to remove any information or materials in whole or in part, that, in its sole discretion, are unacceptable, undesirable, and in violation of this agreement.

7. Unacceptable Conduct

The following types of conduct are grounds for immediate suspension of service pending investigation by Flying Crocodile, Inc. and may result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. In addition, Flying Crocodile, Inc. reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a Flying Crocodile, Inc. Customer as described in (a) and (b) below before such postings are forwarded:

(a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate).
(b) Sending unsolicited mass E-Mailings (i.e., to more than 25 users) that provoke complaints from the recipients.
(c) Engaging in either (a) or (b) from a provider other than Flying Crocodile, Inc. and using an account on SexTracker as a mail drop for responses, or to draw attention to a web site housed within Flying Crocodile, Inc.'s networks.
(d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and/or by Flying Crocodile, Inc.
(e) Mail bombing, i.e., sending large volumes of unsolicited E-Mail to individuals or to individual business accounts.
(f) Impersonating another user or otherwise falsifying one's user name in E-Mail, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service (this does not preclude the use of nicknames in IRC or the use of anonymous remailer services).
(g) Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.
(h) Use of IRC bots or clonebots on SexTracker Hosting, whether on IRC servers controlled by Flying Crocodile, Inc. or by other parties. An IRC bot is a program, which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.
(i) Network unfriendly activity: Attempts to interfere with the regular workings of SexTracker Hosting systems or network connections or which adversely affect the ability of other people or systems to use SexTracker Hosting services or the Internet, including, but not limited to:
a. Any unauthorized attempts by a user to gain root access or access to any account not belonging to that use on this or any other Flying Crocodile, Inc. hosting system;
b. Any use of this or any other Flying Crocodile, Inc. hosting service system as a staging ground to disable other systems.
(j) Any activity that violates any international, federal, state or local laws.

8. Excess Utilization of System or Network Resources

Flying Crocodile, Inc. or SexTracker Hosting account descriptions in some cases may specify limits on bandwidth, CPU and disk utilization for certain types of Customers, and use up to these limits is included in the price for that type of Customer. In the event Flying Crocodile, Inc. determines that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits as established by Flying Crocodile, Inc. from time to time, the Customer will be notified by E-Mail of possible options. Possible options include, but are not limited to, Customer modifying the activity creating the excess use, upgrading to the most appropriate SexTracker Hosting bandwidth package, or choosing to be billed the current going rate for each additional Gigabyte used by the Customer above and beyond the bandwidth limits of the Customer's bandwidth package. If Flying Crocodile, Inc. is unable to make contact with the Customer after 10 business days, Flying Crocodile, Inc. reserves the right to upgrade the customer to the most appropriate bandwidth option as deemed by Flying Crocodile, Inc. If excessive bandwidth, CPU or disk space utilization is determined by Flying Crocodile, Inc. to adversely affect Flying Crocodile, Inc.'s ability to provide service for all customers, immediate action may be taken to alleviate the problem. In such event, the Customer will be notified by E-Mail as soon as practical.

9. Monitoring/Privacy

Flying Crocodile, Inc. reserves the right to monitor any and all communications through or with Flying Crocodile, Inc. facilities. Customer agrees that SexTracker Hosting Services is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for Flying Crocodile, Inc. employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. Flying Crocodile, Inc. also reserves the right to access a Customer's mailbox or other files stored on Flying Crocodile, Inc. Hosting systems to resolve system problems or mail system errors. Flying Crocodile, Inc. employees reserve the right to access a Customer's system for the purpose of security updates, system or software upgrades, process monitoring, and general administration. Flying Crocodile, Inc. will, whenever practical, make effort to contact and give advance notice to the Customer before accessing the Customer's system.

10. Cooperation with Authorities

Flying Crocodile, Inc. reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence or other illegal activity under international, federal, state or local law.

11. Confidentiality of Personal Subscriber Information

Flying Crocodile, Inc. will not release a Customer's personal subscriber information, nor a Customer's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Customer agrees that Flying Crocodile, Inc.'s judgment as to the validity of any court order of subpoena shall be considered proper and final.

12. Service and Terms

The level of service and terms of this Agreement are described in the Service Agreement, which is incorporated in this Agreement by reference. The parties may agree to renew the service and terms of this agreement.

13. Flying Crocodile, Inc. Billing

Customers are required to pre-pay Flying Crocodile, Inc. for SexTracker Hosting services. Flying Crocodile, Inc. will bill Customers for service in the month prior to activation. Customer bills will include a pre-payment for the coming month's service as well as any surcharges, service additions, penalties, or other items accrued in the previous month, plus any past amounts due including late fees. Credit card billing will be posted on or near the 25th of every calendar month. Customer payment in the form of wire transfer, check, or money order must be received by the close of business on the 25th of every calendar month. If the 25th is not a business day, payment is due on the following business day. Payment not received on the 25th or following business day, in cases where the 25th is not a business day, will be considered past due. Billing for new customers will initiate the day the Customer has been informed by email that their FCI account is ready for usage. Delayed billing start dates can be modified upon agreement by Flying Crocodile, Inc. and the Customer, or at the discretion of Flying Crocodile, Inc.

14. Non-Payment

In the event a Customer does not pay their bill on time, Flying Crocodile, Inc. reserves the right to suspend the Customer's service after the Customer's account becomes 10 days past due. If the Customer's site is suspended due to non-payment, Flying Crocodile, Inc. may redirect the Customer's site traffic to a site selected at Flying Crocodile, Inc.'s discretion. If the customer's account becomes 30 days past due Flying Crocodile, Inc. may permanently terminate the Customer's site without notice. All overdue balances will be compounded monthly at a 1% interest rate, or the highest interest rate allowable under the applicable state law, by Flying Crocodile, Inc. If the Customer's account becomes 45 days past due, all customer files and other materials may be deleted, and the customer's account may be purged. Flying Crocodile, Inc. does not assume liability of any form that may result from the purging and destruction of a Customer's files and accounts due to a Customer's overdue account.

15. Refunds

Flying Crocodile, Inc. may offer refunds on a case-by-case basis at the sole discretion of Flying Crocodile, Inc. Any refund issued by Flying Crocodile, Inc. may be issued in the form of a reduction to the Customer's future bill.

16. Flying Crocodile, Inc.'s Right to Suspend or Cancel Account and Services

Flying Crocodile, Inc. reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of Flying Crocodile, Inc. that the Customer may be performing activities harmful to Flying Crocodile, Inc.or its Customers, employees, vendors, business relationships or any other users of the Internet.

17. Customer Equipment

If in the event the Customer co-locates a system on the SexTracker Network, the Customer's equipment shall be compatible with Flying Crocodile, Inc.'s network, facilities, and services. The Customer shall bear the cost of any upgrade, or additional protective apparatus, reasonably required, to ensure the smooth operation and security of the Customer's equipment and facilities with the SexTracker Hosting network. Customer's use of the Services provided herein and any associated equipment shall not: a) interfere with or impair service over Flying Crocodile, Inc.'s Network or facilities; b) impair privacy and/or security of any communication over such network or facility; c) cause damage of any nature to the Company's assets; d) be used to frighten, abuse, torment or harass another; or e) create hazards to the Company's officers, directors, employees, or subcontractors.

18. Maintenance and Support

Flying Crocodile, Inc. will maintain its facilities and equipment used to provide its Services. Additional charges for maintenance and support services shall be levied on a Customer when work is required as a result of the failure, malfunction, or improper operation of a Customer's facilities and/or equipment. In the event Flying Crocodile, Inc. provides maintenance to the Customer's facilities and/or equipment, Flying Crocodile, Inc. will bill the Customer for the cost of the any maintenance at Flying Crocodile, Inc.'s time and material rate, plus any applicable federal, state and local taxes. The Customer releases Flying Crocodile, Inc. from any liability for such maintenance and work and Flying Crocodile, Inc. assumes no liability for any damage, loss of data, or other loss due to work performed by Flying Crocodile, Inc. on a Customer's equipment and facilities. Flying Crocodile, Inc. reserves the right to suspend Service for scheduled maintenance or planned enhancement or upgrades to Flying Crocodile, Inc.'s network. Flying Crocodile, Inc. shall attempt to provide Customers with 24 hours advance notice for outages exceeding 30 seconds.

19. Indemnification

Customers of Flying Crocodile, Inc. shall indemnify and hold harmless the Flying Crocodile, Inc., its officers, directors, employees, and agents from liabilities, claims, or damages, including reasonable attorney's fees and court costs arising out of negligence or gross negligence to person or property to the extent caused by the Client's breach of any warranty, promise, representation, breach of the Agreement and Service Agreement, term, or provisions herein or to the extent caused by the acts or omissions of the Client or its authorized users. The provisions of this Section shall survive the termination of Services and any Service Agreement issued.

20. Other Remedies/Non Waiver

Nothing contained in these policies shall be construed to limit action Flying Crocodile, Inc. may take or remedies available to Flying Crocodile, Inc. in any way with respect to any of the described conduct. Flying Crocodile, Inc. reserves the right to take any additional actions Flying Crocodile, Inc. may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the SexTracker Hosting service, and levying cancellation charges to cover Flying Crocodile, Inc.'s costs in the event of disconnection of dedicated access for the causes outlined above. In addition, Flying Crocodile, Inc. reserves at all times all rights and remedies available to Flying Crocodile, Inc. with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and Flying Crocodile, Inc. reserves the right to enforce such policy or rule at its sole discretion.

21. Flying Crocodile, Inc. Hosting Right to Change Service

Flying Crocodile, Inc. reserves the right to change without notice the SexTracker Hosting service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors, services offered and service structure.

22. Flying Crocodile, Inc. Right to Modify Its Acceptable Use Policies

Flying Crocodile, Inc. may modify its Acceptable Use Policies upon notice published online via SexTracker Hosting. Customer's use of SexTracker Hosting services after such notice shall constitute Customer's acceptance of the modifications to these policies.

23. Amendments

Any Amendments, modifications, or changes to this Agreement must be in writing and signed by both parties.

24. Attorney's Fees and Costs

This Agreement shall be governed by the Laws of the State of Washington. Exclusive jurisdiction lies in the Superior Court of Washington for King County in Seattle, Washington. In the event that a dispute arises, the prevailing party shall be awarded its reasonable attorney's fees and costs.

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