Terms of Agreement.

· You agree to abide by Camino-Net's Online Policies and take the time to familiarize yourself with those policies and any changes that may be made to them from time to time.

· You agree that Camino-Net may: (1) revise the terms and conditions of this Agreement; (2) revise its billing rates and account surcharges, and; (3) revise the services provided under this Agreement at any time. Any such revisions will be binding and effective immediately on posting the revised Agreement on Camino-Net's home page, or on notification to you by e-mail or United States mail.

Registration Information.

· You agree to provide Camino-Net with accurate, complete, and updated registration information. If you do not provide Camino-Net with accurate registration information, you are not authorized to use the Services and your account may be terminated immediately.

· YOU AGREE THAT BY USING THE SERVICES YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

· You agree and understand, that the connection speeds stated by Camino-Net and/or appearing in Camino-Net's literature is based upon the specifications of the access equipment that Camino-Net has installed at the POP (point-of-presence) location. The actual speed attained by you is dependent on many factors, most of which are outside of Camino-Net's control. For example: the status and condition of the telephone circuit between your computer and the telephone central office that serves you; the equipment installed at the telephone central office; the status and condition of the Internet site you are accessing and the Internet service provider that serves that site; the number of other users throughout the world accessing that remote site at the time; the status and condition of the circuit at that remote site; the bandwidth serving the remote site; the congestion of the Internet in general; and your particular hardware and its configuration. For these and many other reasons, actual connection speeds are not and cannot be guaranteed by Camino-Net.

· Camino-Net may request current credit bureau information to verify a customer is able to pay their obligations to Camino-Net at various times. These reports may be requested both at the initial time of service, during the length of service, and to assist Camino-Net collect any amount of monetary or equipment obligations to them.

Content of Communications.

· You agree that Camino-Net has the right, but not the obligation, to remove Content from Camino-Net's computer servers (and servers on Camino-Net's network), which Camino-Net, in its sole discretion, determines to be in violation of this Agreement or Camino-Net's Online Policies.

· It is Customer's exclusive responsibility to maintain backup copies of all web sites, content, files, mail and all other material and data that it may transmit over the Internet, store on any of Camino-Net's servers or servers under Camino-Net's control, and/or provide to Camino-Net for any reason whatsoever. UNDER NO CIRCUMSTANCES SHALL CAMINO-NET BE LIABLE OR RESPONSIBLE TO CUSTOMER OR ANY OTHER PARTY FOR LOST OR DESTROYED DATA AND FILES EVEN IF IT WAS DUE TO CAMINO-NET'S NEGLIGENCE.

NO WARRANTY.

· You agree that your use of the Services, the Software, and the Internet is solely at your own risk. You agree that the Services and the Software is provided on an "as is," "as available" basis without warranties of any kind.

· UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CAMINO-NET OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY CHARACTER INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY OTHER DAMAGES WHATSOEVER EVEN IF CAMINO-NET SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. This limitation of liability shall apply to all liability for death or personal injury to the extent applicable law permits such limitation.

· You agree that Camino-Net's entire liability, and your exclusive remedy, with respect to your use of the Services, performance and acts (or inaction) by Camino-Net, your use of the Software, and any breach of this Agreement is solely limited to (and in no event shall exceed under any legal or other theory of recovery) the amount you paid to Camino-Net to use the specific part of the Services giving rise to said liability. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, Camino-Net's liability is limited to the extent permitted by law.

Indemnification.

· You agree to defend, release, indemnify, and hold Camino-Net, its affiliated companies and licensors, harmless from all liabilities, claims and expenses, including without limitation, reasonable attorneys fees, arising from breach of the Agreement, by use of, or in anyway directly or indirectly related to any Services, or connection with, the posting or transmission of any content by or through your account or the Services being provided.

PRIVACY OF COMMUNICATIONS.

· Camino-Net intends to respect its Subscribers' privacy and will not randomly monitor or disclose the contents of private e-mail or private chat room communications. However, you agree that Camino-Net has the right, but not the obligation, to monitor or disclose the contents of private communication, if Camino-Net, in its sole discretion, reasonably believes that such action is necessary: (1) to comply with applicable law or valid legal process; (2) to protect Camino-Net's rights, systems or network, and/ or property; or (3) in emergencies when a person's physical safety or property damage may possibly be at issue.

WEB HOSTING

· Web Space - "Web Space" shall be defined as a certain number of megabytes ("MB") of storage accessible by means of an Internet connection supplied by you to Camino-Net.

· Traffic - "Traffic" is the volume of information, which is electronically passed between the Web Space and any user on the Internet (including, but not limited to, yourself, your customers and potential customers, and viewers of your site) as measured in MB.

· FTP - "FTP" represents the File Transfer Protocol, which is the standard process for a party to access the information stored in the Web Space, or add additional information thereto.

Service Knowledge

· Use of CAMINO-NET's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Client's Web space by the Client.

· The following examples are offered:

· Web Publishing: recommended a knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc.
· FrontPage web publishing: knowledge of the FrontPage tools as well as basic Telnet and FTP understanding and capability.
· CGI-Scripts: requires knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
· Auto-responders: knowledge of Procmail auto-responder features, forwarding mail, use of mail clients to receive mail, etc.
·  Dedicated Server: requires knowledge of Unix system administration.
· The Client agrees that he or she has the necessary knowledge to create their Web space. Client agrees that it is not the responsibility of CAMINO-NET to provide this knowledge or Customer Support outside matter specific to CAMINO-NET's servers.

Website Reselling:

· Client is allowed to resell the storage and transfer services provided by CAMINO-NET. Client agrees to handle and is responsible for all third-party customer's content, support, set-up and maintenance. CAMINO-NET agrees to Reseller pricing as described on the Price and Terms Sheet, provided that client has at least one other non-resold account with CAMINO-NET. Client agrees to have the necessary additional knowledge and skill level for the reselling services provided. The Client's clients shall not contact CAMINO-NET under any circumstances.

Wireless DSL EQUIPMENT
· Camino-Net Equipment: Customer may either purchase or place a security deposit on the wireless DSL equipment from Camino-Net directly.
· Maintenance of Camino-Net Equipment: Camino-Net shall during the time of this Agreement repair and maintain all Camino-Net Equipment. Customer agrees that Camino-Net Equipment shall not be serviced by anyone other than Camino-Net employees or agents and that Customer shall not relocate, tamper with or modify any Camino-Net Equipment or the Service installation.
· Access to Customer's Premises: Customer grants to Company the right, at reasonable times and upon reasonable notice, to enter upon the Premises for purposes of connecting, disconnecting, inspecting, repairing, replacing in whole or in part, updating and/or removing any Camino-Net Equipment and the Service. Camino-Net shall have the option of removing any or all of the Camino-Net Equipment during or after its relationship with the Customer, but Camino-Net shall not have the obligation to do so. Customer warrants that (s) he is the owner or a tenant of the Service address and that (s) he is authorized to grant access to the Premises.
· Subscriber agrees to indemnify and hold Camino-Net harmless from any claim resulting from a breach of this warranty.
· Customer Equipment and Software-Customer understands and agrees that use of the Service requires certain equipment provided by the Customer such as a personal computer and an appropriate operating system ("Customer Equipment"). Customer represents that (s) he owns the Customer Equipment or otherwise has the right to use it in connection with the Service. Customer agrees to connect only Camino-Net approved equipment to the Service.

· Customer shall have sole responsibility for protecting all Customer Equipment and software from loss or damage including, but not limited to, power surges, lightning, fire, flood and acts of God.
· File Modification: If the installation of an Ethernet card is required, it will be necessary to open Customer's computer. As part of the installation process for the software, system files on Customer's computer may be modified. Neither Camino-Net nor its Underlying Providers represents, warrants, or covenants that such modifications will not disrupt the normal operations of Customer's computer. For these and other reasons, Camino-Net recommends that Customer back up all files prior to installation of the Service. If Customer does not back up all existing computer files, Customer understands and accepts the associated risks of such a decision such as loss of files, software or data.

Harmful Content
· There may be content on the Internet or otherwise available through the Service which may be offensive to some individuals, or which may not be in compliance with all local laws, regulations and other rules. For example, it is possible to obtain access to content, which is pornographic or offensive, particularly to children. Neither Camino-Net nor any of its underlying providers assume any responsibility for the content contained on the Internet or otherwise available through the Service. You expressly assume the risk of accessing content through the Service, and neither Camino-Net nor any of its underlying providers shall have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Parents may wish to use a program capable of restricting access to sexually explicit material on the Internet. Content questions or complaints should be addressed to the content provider.

· You are solely responsible for any information that you publish, disseminate, or make available on the Internet, including but not limited to content posted or stored on your Personal Web Features (as defined below). You must ensure that any content that you disseminate is appropriate for its intended recipient(s). For example, you must take proper precautions to prevent minors from receiving inappropriate content. Camino-Net reserves the right, but not the obligation, to refuse to post or to remove or block any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate, regardless of whether such material or its dissemination is unlawful.

Retention of Rights
· Nothing contained in this Agreement shall be construed to limit Camino-Net's rights and remedies available at law or in equity. Camino-Net reserves the right to delete all data, files, electronic messages, or other information that is stored on Camino-Net's or its Underlying Provider's servers or systems when Customer's account with Camino-Net is terminated for any reason.

Billing
ACCOUNT CHARGES.

· If you pay by credit card, you expressly authorize Camino-Net to charge the credit card account or checking account number associated with your Account for any Camino-Net charges that accrue from time to time.

·  You reauthorize Camino-Net to charge your designated credit card or checking account each time you use the Services and/or for each new term. This authorization will remain valid until terminated by written notice to Camino-Net.

Late Payments
· Camino-Net may immediately terminate your account, in Camino-Net's sole discretion, for declined credit cards, returned checks, or any other non-payment of account charges with the understanding, however, that Customer remains fully liable to Camino-Net for all charges incurred by Camino-Net due to said declines, returned checks, etc.
· If any instrument received in payment is returned to Camino-Net unpaid, your account will be considered to be in default, and in addition to the amount due, you will be subject to a returned payment charge of $35.00. If your account is canceled or interrupted for non-payment, you must continue to pay your monthly account charges. Only your written request to terminate your account will relieve you of your obligation to pay your future monthly account charges.
· If your account is in default, you are subject to a late interest charge of 14.99 percent per month. If you default on your account, you agree to pay Camino-Net its reasonable expenses, including attorneys' fees and collection agency fees, incurred in enforcing Camino-Net's rights under Camino-Net's Internet Access Agreement.

Fees.

· You are responsible for paying any and all fees and charges that are not outlined in this Agreement. Such fees and charges shall include, but not limited to, the fees for connectivity, design services, including any and all third parties whose materials are included as Content in your Web Space.

Invoices:

· Client may chose to either receive invoices via e-mail or via physical paper mail through the USPS. Payment is due before the first of the month for both e-mail and physical invoices.  Camino-Net is NOT responsible for late, misdirected, or otherwise unreadable invoices sent thought the USPS, so it is highly recommended to go with e-mail billing. If a customer chooses e-mail billing they will also have the option to pay via credit card or personal check through paypal.com instantly. Renewal of services by Client indicates agreement to Contract revisions.

Account Cancellation Procedures
· Cancellation: A signed written cancellation is required to cancel any account.
· Only the account contact may cancel an account.
· The following information must be included in the cancellation:
· Contact Name:
· Contact address
· Contact Email:
· Contact Telephone:
· Reason for leaving:
· Date account is to be erased:

· You can mail the cancellation to us at: Camino-Net, ATTN: Billing P.O. Box 269, Claymont, DE 19703 or fax us the cancellation, our fax number is: 302-765-3734
· Please note that upon receipt and processing of cancellation, you will receive an email from the billing department. Your account is not cancelled until this email has been received. Telephone and email cancellations are not accepted and only authorized billing personnel can process cancellations. Any remaining balances must be paid to prevent collection actions

Taxes
· CAMINO-NET shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or CAMINO-NET's server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

SERVICE VIOLATIONS

Termination
· You agree that Camino-Net retains the right, but not the obligation, to restrict or terminate your Services at any time, if Camino-Net, in its sole discretion, determines that you are in violation of this Agreement. You agree that, if Camino-Net determines that you are in violation of this Agreement, any restriction or termination of your Services will be effective immediately, without prior notice. You agree that Camino-Net will have no liability to you for any restriction or termination of your Services pursuant to such violation.

· You agree that if Camino-Net terminates your account as a result of your violation of Camino-Net's Online Policies, you forfeit any right to a refund of any kind, such forfeiture being agreed to by you and Camino-Net as liquidated damages and not as a penalty.

· You agree that Camino-Net may terminate this Agreement and any Services at any time. However Prior to Termination, Camino-Net may give warnings about specific issues and give the client 72hours to rectify the issues before any actions are taken against their account. That decision is solely Camino-Net’s depending on the severity of the Issues.

· You agree that Camino-Net has the right, but not the obligation, to delete all programs, data, or other files on Camino-Net's computer servers that are associated with your account at the time of termination.

· You agree that, if any portion of the Agreement is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining portions will remain in full force and effect.

Customer Obligations Upon Termination:

· Customer will return all Camino-Net Equipment to Camino-Net.
· Customer will return or destroy (at Camino-Net's direction) all copies of any software provided to Customer pursuant to this Agreement.
· Customer shall pay to Camino-Net the full manufacturer's suggested retail price for the replacement of any Camino-Net Equipment or any software which is not returned, is only partially returned, or is returned damaged (ordinary wear and tear excluded) at the end of this Agreement, together with any incidental costs incurred by Camino-Net relating to its replacement.
· Customer authorizes Camino-Net to charge Customer's credit or other debit card on file with Camino-Net (if applicable) for any such charges and to otherwise collect such amounts from Customer.
· Customer shall pay Camino-Net in full for Customer's use of any Camino-Net Equipment and Service up to the latter of (I) the end of the monthly billing period in which Service was terminated or (II) the date on which all Camino-Net Equipment has been disconnected and returned to Camino-Net. In cases in which Customer elected an annual prepayment arrangement, Customer agrees that Camino-Net, at Camino-Net's option, may calculate any refund based upon either the discounted annual prepayment rate or the normal rate for the Service.
· If Customer does not return all Camino-Net Equipment to Camino-Net and/or Customer's account has a balance due, Camino-Net may refer Customer's account to a collection agency to pursue collection of such equipment and/or balance. Fees incurred by Camino-Net as a result of Camino-Net's and its agent's efforts to collect past due amounts from Customer may be assessed by Camino-Net upon Customer, in addition to any other fees due under this Agreement.
 

PROHIBITED/ABUSE ACTIVITIES.

· Systems Abuse. You agree not to abuse Camino-Net's system by causing any harm to the system so that it inhibits other users' ability to effectively use the system.

· Spam. Post or cross post, regardless of content, of the same message to 20 or more newsgroups or individuals.

· Attempting to circumvent user authentication or security of any host, network, or account on Camino-Net's network or the Internet at large ("cracking") is prohibited;

· Sending large numbers of unsolicited email messages ("junk mail") is prohibited;

Service and Monitoring

· Camino-Net reserves the right, without any obligation to do so, to: (I) review any material stored in your Web Space including, without limitation, any and all files to which other users have access and (ii) edit or remove any material that it believes may be unlawful, or that which is not in compliance with the standards set forth herein.

· Camino-Net has no obligation to monitor the Service but may do so and may disclose information regarding your use of the Service to satisfy laws, regulations or governmental requests; to operate the Service properly; and, to protect itself and its members. However, Camino-Net will not disclose member information to outside persons or entities for the purpose of soliciting Camino-Net members.

· ALTHOUGH CAMINO-NET HAS NO OBLIGATION TO DO SO, CAMINO-NET MAY, IN ITS SOLE DISCRETION, REMOVE OR REFUSE TO POST ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, WHICH ARE UNACCEPTABLE, UNDESIRABLE OR IN VIOLATION OF THIS AGREEMENT.
 

Security Breaches/Attempts

· Violations of system or network security are prohibited and may result in criminal and civil liability.
· Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
· Attempting to gain unauthorized access to the Camino-Net network, Camino-Net subscriber or a Camino-Net affiliated service provider's network resources; attempting to disrupt network services or services of external networks using the Camino-Net High-Speed Internet service; attempting to gather third party personal information without consent. Examples include: DoS attacks, computer virus distribution or the transmission of any other software or application that contains features harmful to the Camino-Net network or Camino-Net's subscribers or any other network service provider's subscribers.

 UCE (Unsolicited Commerce Email) - SPAM

· Spamming, the sending of unsolicited mass email from or through a Camino-Net server or using an email address that is maintained on a Camino-Net machine is STRICTLY prohibited. Camino-Net will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a web site hosted on a Camino-Net server, or if they sell or distribute software on their web site that facilitates spamming. Violators will be assessed a minimum fine of $2,000 and will face immediate suspension.

Copyright Violations

· The Digital Millennium Copyright Act ("DMCA") sets forth the requirements for valid copyright infringement notification. If you would like to notify Camino-Net of an infringement of your copyright, the DMCA requires that you:

1. Send your notification to Camino-Net's designated agent. You may choose any of the following three avenues for this notification:
a. Email to abuse@Camino-Net.com
b. Fax to Camino-Net, Attention: Abuse at (302) 765-3734
c. Mail or courier to Camino-Net, Attention: Abuse, P.O. Box 269, Claymont De, 19703
2. Include in your notification the following information
A. A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant")
B. Identification of the SPECIFIC copyrighted work(s) claimed to have been infringed
C. Identification of the SPECIFIC material claimed to infringe the copyright(s), and enough information for Camino-Net to locate it INCLUDING EVERY URL.
D. The Claimant's name, address, and telephone number(s)
E. A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent
F.A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

· IF ALL THE ABOVE QUALIFIECATIONS ARE NOT MET THEN YOUR CLAIM, UNDER THE DMCA IS NULL AND VOID AND WE WILL NOT TAKE ANY ACTION AGAIST THE USER (S) WE ARE SAFE FROM CIVIL/CRIMAL PROSECUTION UNDER THE SAFE HARBOR PORTION OF THE DMCA IF YOUR CLAIM IS NOT PROPERLY SENT TO US.

 Actions Taken by Camino-Net
· The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation. Camino-Net will be the sole arbiter as to what constitutes a violation of the Terms of Use.
· Camino-Net reserves the right to remove any account without prior notice.
· When Camino-Net becomes aware of an alleged violation of its Terms of Use, Camino-Net will initiate an investigation. During the investigation, Camino-Net may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Camino-Net may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Camino-Net will notify the appropriate law enforcement authorities of such violation.
 

Camino-Net Abuse Policy
· If you believe you have been the victim of activities, which are in violation of the Camino-Net AUP or the Customer Agreement, the Camino-Net Network Abuse Department will take appropriate action to investigate and attempt to resolve the alleged violation.

· If you feel that you have been a victim of Internet abuse, which took place in part, or completely on the Camino-Net Network, please report the incident to abuse@Camino-Net.com.
· Make sure to include the date and time of the incident, log files, spam examples or any other information that may be useful to the investigation and verification of the incident as well as your name and phone number or e-mail address so we may contact you directly.

Illegal Activities
· Any activity, which violates local, state, federal, or international law.
· Examples include: Posting or disseminating illegal material (such as child pornography or obscene material) or using the Camino-Net Network to facilitate pyramid or other illegal solicitation schemes.

· Any fraudulent activities, including impersonating any person or entity in person or electronically or forging anyone else's digital or manual signature.