Driftwood Network Services
Acceptable Use Policy and Customer Agreement
The Legal Details

This Acceptable Use Policy constitutes an Agreement between Driftwood Network Services ("Driftwood") and it's account holders ("Customers") and System Users. This Agreement applies to all Driftwood Customers and all users of Driftwood servers, including FTP access account holders and all users accessing any World Wide Web server hosted on Driftwood servers and related systems ("System Users"). This Agreement represents the complete agreement and understanding between Driftwood and its Customers and System Users and supersedes any other written or oral agreement. Upon notice published on-line via Driftwood's web site, (http://www.driftwood.net) Driftwood may modify the terms and conditions of this Agreement. Driftwood reserves the right to discontinue or change services offered.

USE OF YOUR ACCOUNT CONSTITUTES YOUR APPROVAL AND ACCEPTANCE OF THIS AGREEMENT. ACCEPTANCE OF THIS AGREEMENT IS A CONDITION TO USE OF THE DRIFTWOOD SYSTEM AND/OR DRIFTWOOD UPSTREAM PROVIDERS.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE DRIFTWOOD'S SYSTEM. IF YOU ARE AN ACCOUNT CUSTOMER, PLEASE NOTIFY US AT 1-812-339-0869 SO WE CAN INITIATE CLOSURE OF YOUR ACCESS ACCOUNT.

-SERVICE POLICIES-

1. Compliance with Law and Intellectual Property Rights
Customers and System Users agree that all services provided by Driftwood will be used only for proper legal purposes and in a lawful manner. Transmission or publication of any information, data or material in violation of any U.S., State or international law or regulation is strictly prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret law or any other law, as well as threatening, offensive, harassing, legally obscene material or content. Customers and System Users warrant that any data uploaded for publication on Driftwood's web servers does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything legally obscene or libelous.

2. Disruption of Network Services, Excessive Use
Customers and System Users shall ensure that use of Driftwood's network services shall not disrupt Driftwood, its associated networks or equipment forming part of Driftwood's or the internet's systems. Customers and System Users shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any Driftwood user or to any directly or indirectly attached network. Use of Driftwood's Internet connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by Driftwood shall be considered a breach of this Agreement and may result in cancellation of service.

It is not acceptable to use Driftwood's services and facilities to interfere with or disrupt other network users, services or equipment. Such interference or disruption includes, but is not limited to:

• distribution of unsolicited advertising ("spam") IN ANY FORM
• excessive newsgroup cross-post advertising
• transmissions of any type or quantity that causes disruption of service to others
• propagation of computer worms or viruses
• use of the network to make unauthorized entry to other computer networks, information or communications devices or resources
• sustained, excessive use of Driftwood's equipment or network connection without prior arrangement with Driftwood.

3. Removal and Destruction of Illegal or Offensive Data
Customers and System Users agree that Driftwood shall have the absolute right to remove any and all materials which, in the sole and unrestricted discretion of Driftwood, violate law or fail to conform with this Agreement and the acceptable uses described herein. Such materials may be removed and destroyed at any time, without prior notice.

4. Use of Network Access
Driftwood server accounts cannot be transferred or used by anyone other than the Driftwood Customers or authorized System Users. Customers and System Users may not sell, lease, rent or assign an Internet connection or parts of the connection to any party without the express, prior written approval of Driftwood. Use of Network bandwidth is expected to be reasonable and moderate. Driftwood reserves the right to impose additional charges for use of Network bandwidth in excess of reasonable or allocated amounts without prior approval.

5. Automated Software and Connections
The installation, compiling, use, or implementation of any of the following are prohibited without express prior permission: Robots, Bots, Mail Bombs, Syn Bombs or Attacks, Spamming of any kind, etc. Any process that causes excessive use of system resources to the point where other users may be affected is strictly prohibited. Software may not be installed on or compiled on any Driftwood server without prior explicit permission. Any violation may result in immediate termination of service.

-ACCOUNT POLICIES-

6. Billing and Payment
Customer will pay subscription fees in advance, and fees for additional goods or services as invoiced.

Payment must be received before the beginning of each calendar-based billing period, which recurs monthly from the date of that Driftwood provides a Customer access to their account. Failure to pay required fees by their due date will result in a curtailment, restriction or cancelation of a Customer's account.

7. Account Reinstatement
If Customer's account is suspended due to lack of payment, Customer will re-pay the then current plan setup fee, in addition to all other charges then due and payable, prior to service being restored.

If Customer becomes bankrupt or otherwise insolvent or fails to pay for services rendered in accordance with the terms listed here or commits any other breach of policies, Driftwood may, at its sole discretion and without notice or judicial intervention, discontinue service and terminate all agreements for default and pursue any other remedies available at law or in equity.

8. Account Cancellation
Driftwood reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees for the current month will not be refunded or pro-rated. Customers must notify Driftwood in writing to cancel service. Customers canceling service during the money back guarantee period (within 30 days of initial signup) will have their monthly service fee fully refunded. All refunds will be at the sole discretion of Driftwood. Setup, license and/or registration fees (if any) are not refundable. To cancel an account you may fax the request to: 812-331-9923 or send via US mail to:

Customer Assistance
Driftwood Network Services
4222 E Hector Dr
Bloomington, IN 47408

Account cancellation does not remove the customer responsibility of domain name payment to their respective registrar service. Driftwood is not the responsible registrar role for any domain unless specifically authorized in writing.

9. Customer Support
Driftwood will provide to User reasonable amounts of consultation via telephone and/or electronic mail in the use of the system, but cannot promise to assist with any services that are not maintained or controlled by Driftwood.

10. Agreements with Minors
Driftwood requires that its agreements be made with a person who is qualified to contract. As such, Customers must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and assume responsibility for payment of Driftwood services and for Customer's compliance with this Agreement.

11. Indemnity
Customers agree to defend, hold harmless and expeditiously indemnify Driftwood from any liability, claim, loss, damage or expense arising out of the Customer's breach or violation of any term, condition or covenant contained in this Agreement or resulting from the use of any Driftwood system, network or service.

12. Jurisdiction
This Agreement is governed by the laws of the State of Indiana. The parties agree that the courts (state and federal) located in Indiana, will have non-exclusive jurisdiction to determine the validity, construction and performance of this agreement and the legal relations between the parties.

13. Limitation of Warranty
Driftwood makes no warranties of any kind, whether express or implied, for the service it is providing. Driftwood also disclaims any warranty of merchantability or fitness for a particular purpose. Driftwood will not be responsible for damages suffered by any Customer, including, without limitation, incidental or consequential damages or lost profits. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, system failures or service interruptions caused by any source whatsoever, including Driftwood's own negligence, subscriber's errors or omissions, or due to the fault of third parties. Customer agrees to upload and store data to Driftwood equipment at Customer's own risk and Customer expressly assumes such risk.

WE RESERVE THE RIGHT TO REFUSE SERVICE OR DECLINE AN ACCOUNT TO ANYONE WE CHOOSE. WE RESERVE THE RIGHT TO REJECT THE ACCEPTANCE OF A NEW ACCOUNT FOR ANY REASON WE CHOOSE.