At Wallaby Web Host, we value our customers and wish to provide them with a positive experience. To offer you the best service possible, all customers need to follow the same rules and guidelines. These policies are intended to make Wallaby Web Host's Service available to all our customers as consistently and efficiently as possible.

User-Supplied Content
All services may be used for lawful purposes only. Through Wallaby Web Host's Service, you may have access to chat areas, bulletin boards, web pages, e-mail, or other services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on the Network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any US Federal, State, or Local law. You are solely responsible for the content you make accessible through the Wallaby Web Host Network. You may not use the Service to assist any other person or entity to violate any Federal, State, or Local laws, ordinances, or regulations.

Wallaby Web Host is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in our sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, Wallaby Web Host has the right, but not the obligation, to edit, remove or deny access to such content. Wallaby Web Host may disclose any content or records concerning customer's account as required to satisfy any law, regulation, governmental request or court order.

Pornography and sex-related merchandising are prohibited on all Wallaby Web Host servers. This includes sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Wallaby Web Host's servers or any other server on the Internet. Links to such materials are also prohibited. In addition, any site selling or promoting bulk e-mail service is not allowed. Below are some examples of non-acceptable content or links:

• Adult Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.
• Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).
• Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.
• Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet sites, providers, the Internet or users.

Network Security
Customers may not use the Wallaby Web Host Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Wallaby Web Host will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

CGI Scripts
Each Wallaby Web Host account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-scripts provided with their account or add any additional ones they require. Any CGI-scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-script sharing with domains not hosted by Wallaby Web Host is not allowed.

Chat Rooms
Wallaby Web Host prohibits its customers from installing outside chat rooms on their domain, as these tend to be a resource problem. Wallaby Web Host does provide its customers a choice of Java chat rooms to choose from for a nominal monthly charge. These chat rooms were designed to meet the growing needs of customers and function without hindering the performance of the servers for others.

Server Resources
Any web site that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.

Background Running Programs
Background daemons in general are prohibited. Wallaby Web Host will consider requests on a per-application basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance.

IRC
Wallaby Web Host currently prohibits its customers from operating IRC or IRC Bots on any of the servers in the Wallaby Web Host Network.

Commercial Advertising/ Mass Mailings
You must not use the Wallaby Web Host Network, Wallaby Web Host equipment or any Wallaby Web Host e-mail address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited e-mail messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Wallaby Web Host Network, Wallaby Web Host equipment or any Wallaby Web Host e-mail address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, without warning, Wallaby Web Host reserves the right to disable your domain. In addition, Wallaby Web Host may impose a $150 penalty for each spam policy violation. Wallaby Web Host solely reserves the right to refuse or cancel service to known spammers. Lastly, Wallaby Web Host reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials
Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights
Material accessible to you through Wallaby Web Host's Services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Wallaby Web Host Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Wallaby Web Host Network. If you use a domain name in connection with the Wallaby Web Host Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service
Wallaby Web Host reserves the right at its sole discretion to refuse or cancel service. Violation of any of Wallaby Web Host's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.

Service Cancellation
To authenticate a cancellation request, you must fill out the Online Cancellation Form. If this is not possible, you may mail the cancellation notice to Wallaby Web Host , 20930 Milwaukee Rd., Britton, MI 49229. You must include your account e-mail address, account name, account password and the domain on which you want to cancel the hosting.

We cannot accept cancellation requests over the phone for security reasons.

Indemnification
Customer agrees that it will protect, indemnify, save and hold Wallaby Web Host harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against Wallaby Web Host , its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold Wallaby Web Host harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with Wallaby Web Host 's Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from Wallaby Web Host 's Services.

Disclaimer
Wallaby Web Host will not be responsible for any damages your business may suffer. Wallaby Web Host makes no warranties of any kind, expressed or implied for services we provide. Wallaby Web Host 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 Wallaby Web Host and its employees. Wallaby Web Host reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.

Wallaby Web Host furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, Wallaby Web Host wishes to emphasize that in accepting services, customers indemnify Wallaby Web Host for the violation of any law or Wallaby Web Host policy, that results in loss to Wallaby Web Host or the bringing of any claim against Wallaby Web Host. This means that if Wallaby Web Host is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Wallaby Web Host, plus costs and reasonable attorneys' fees.

Confidentiality Statement
We at Wallaby Web Host insure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited to credit card information, will be kept strictly confidential and used solely by Wallaby Web Host, its representatives and employees, for the purposes for which it was intended, for the benefit of the subscriber. We agree not to share or release such information to any individual, entity, or third party, without the consent of the subscriber, except as required by law, regulation or governmental authority. All information provided to us by the subscriber is properly stored and handled at all times by authorized Wallaby Web Host staff members only.

Last Revision 07/24/2006