Terms of Service and Acceptable Use Policy

PLEASE READ THE ENTIRE TEXT OF THIS ACCEPTABLE USE POLICY AND TERMS AND CONDITIONS OF USE BEFORE ACCESSING THIS SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED IN THIS DOCUMENT. IF YOU DISAGREE WITH THE TERMS AND CONDITIONS PRESENTED IN THIS DOCUMENT, YOU GIVE UP YOUR RIGHT TO USE IOPHASE INC. SERVICES.

COPYRIGHT NOTICE

All information, content, graphics, artwork, sounds, and videos contained on this website are the exclusive property of or licensed property of Iophase Inc. All rights are reserved. Permission to use any content contained within this service must be requested in writing. Please contact Iophase Inc. at 19200 Von Karman, Suite 400, Irvine, California, 92612.

DISCLAIMER OF WARRANTY

IOPHASE INC. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. NO INFORMATION OR STATEMENTS MADE BY IOPHASE INC., ITS EMPLOYEES, OFFICERS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS OR AFFILIATES SHALL CREATE OR IMPLY A WARRANTY OF ANY KIND. ANY INFORMATION MADE OR PASSED THROUGH THIS SERVICE SHOULD BE CONSIDERED AND TREATED AS PUBLICLY VIEWABLE. IOPHASE INC. DOES NOT WARRANT THAT ANY INFORMATION RETRIEVED FROM OR THROUGH THIS SERVICE WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER POTENTIALLY HARMFUL OR DAMAGING COMPONENTS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL IOPHASE INC., ITS EMPLOYEES, OFFICERS, SERVICE PROVIDERS, AFFILIATES, LICENSORS, CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT IN ANY WAY, SHAPE OR FORM, FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, WHICH MAY OR MAY NOT BE A RESULT OF ACCIDENTALLY DELETED OR RENAMED FILES OR DATABASES, COMPUTER VIRUSES OR WORMS OR TROJAN HORSES OR OTHER MALICIOUS OR DAMAGING CONTENT, COMMUNICATION CIRCUIT OR POWER FAILURE, THEFT, FIRE OR DESTRUCTION OF EQUIPMENT REQUIRED TO PROVIDE THIS SERVICE, OR THEFT OR UNAUTHORIZED USE OF USER'S ACCOUNT DUE TO NEGLIGENCE OR WEAK PASSWORDS. IN THE EVENT IOPHASE INC. IS FOUND LIABLE UNDER ANY CIRCUMSTANCES UNDER THE TERMS AND CONDITIONS OF THIS CONTRACT, IOPHASE INC.'s LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT FOR THE CURRENT TERM.

ILLEGAL ACTIVITY

Iophase Inc. strictly prohibits use of this service to perpetrate, aid in, or assist with illegal or criminal activity of any kind. Illegal activities may include activities that are prohibited by the laws of the United States of America, State of California, locations, or municipalities within the State of California or other areas where this service is delivered to or received by an enduser. Illegal activities may also include activities that are prohibited by any laws which may govern user in user's current location. In the event of a search warrant or court order served Iophase Inc. requesting information related to user's activities or user's use of Iophase Inc.'s service, Iophase Inc.'s Privacy Policy is fully revoked. Any and all information requested by search warrant or court order will be provided without respect to user's privacy and without respect to Iophase Inc.'s privacy policy.

PROHIBITED USES OF SERVICES

User may never act in a way that would restrict or limit other users' ability to use and enjoy the service or sites accessed by or through this service. User may not engage in denial-of-service attacks or participate in distributed denial-of-service attacks or any other activity that would put undue load on Iophase Inc.'s or other service providers' servers, networks, switches, routers or other equipment. User may not use this service to engage in unlawful activities. User may not use this service to encourage others to engage in criminal or unlawful activity. User may not use this service to store, transfer or distribute unlawful materials. User may not use this service to store, transfer or distribute copyrighted materials without permission of the copyright holder. User may not use this service to store, transfer or distribute viruses, trojan horses, worms, cancelbots or any other malicious or potentially destructive programs or scripts. User may not use this service to store, transfer or distribute illegally obtained passwords, hacks, cracks, license keys, serial numbers, serial number generators, credit card numbers, credit card number generators, or lists of other sites where such materials may be found. User may not access or attempt to access other Iophase Inc.'s users' accounts. User may not access or attempt to access without permission and proper authorization Iophase Inc. servers, routers, switches, wireless devices, point-of-sale products, vending devices or other devices via configuration or console port, SNMP, telnet, secure shell (SSH), Terminal Services, VNC, PCAnywhere or other remote controls protocols.

UNSOLICITED COMMERCIAL EMAIL

User may not use this service as a means of distributing unsolicited commercial email (UCE or SPAM), nor may user connect to so-called "open relays" or open proxy devices at other locations for the purpose of distributing UCE. User may not send messages with fraudulent reply-to or sender addresses. User may not forge or alter any email header element so as to make it difficult for message recipient to determine the origin of the sender of any such message.

FRAUDULENT MESSAGING

User agrees to pay the standard Iophase Inc. consulting rate for any and all time spent by Iophase Inc. staff to repair or replace overloaded or damaged email delivery systems that were damaged or overloaded as a result of user's violation of "UNSOLICITED COMMERCIAL EMAIL" agreement above. Current rate for such maintenance is $125 per hour. Billable items and services required to repair state of service may include moving or archiving logfiles, installing additional hardware to handle loads imposed by user's violation of "UNSOLICITED COMMERCIAL EMAIL" agreement, time spent communicating with other network operators and service providers to "clean up" after a violation has occurred. User also agrees to pay replacement costs of any equipment physically damaged due to user's violation of "USOLICITED COMMERCIAL EMAIL" agreement.

BACKUP OF DATA

Iophase Inc. does not backup user data. All possible efforts are made to ensure that data is safe and secure while held on Iophase Inc. systems. User agrees that all information posted through or stored on the system is done so at users risk. In the event of loss or destruction of data by either party, Iophase Inc. will not provide data restore service. Best effort recovery may be attempted but no warranty of data safety, security or availability is provided in any way.

COPYRIGHTED MATERIAL

Iophase Inc. shall not be responsible for materials created or stored on this system by individual users. Use of this service to knowingly violate copyright laws or to illegally distribute copyrighted material may result in account suspension or cancellation.

EXPLICIT MATERIALS

User understands and agrees that Iophase Inc. shall not be responsible for user's ability to access sexually-explicit or adult-oriented materials, which may include degrading, violent, racist or otherwise potentially offensive subject matter. Furthermore, user agrees that he/she accesses this service at his/her own risk. Not all material viewable or accessible through or of this service is appropriate for individuals under 18 years of age.

PRIVACY POLICY

Iophase Inc. respects your privacy. Please see our Privacy Policy for detailed information.

CHILDREN'S ONLINE PROTECTION ACT

Iophase Inc. does not market its products or services to persons under 18 years of age. We do not knowingly collect personal information from minors. Upon proof to Iophase Inc. that we have unknowingly collected personal information from a minor, we will make every effort possible to purge that information from our systems. Please see our Privacy Policy for detailed information.

BILLING PERIOD

Upon establishing new service with Iophase Inc., all setup fees and deposits are due immediately. Services that are billed on a month-to-month basis will be automatically billed each month against the credit card we have on file. Month-to-month services are billed in arrears. First month will be billed on a pro-rated basis determined by the number of days served. If for any reason payment is rejected, you will be notified and given one month to provide payment. Accounts more than 30 days past due may be suspended or terminated at our discretion. In the event your account is terminated for non-payment, Iophase Inc. is under no obligation whatsoever to retain personal content related to your account. Personal content may include messages held in your webmail account; documents, images and other content stored in your webhosting space; or other materials you may have uploaded or by any other means copied to our systems. We reserve the right to bill in arrears on any account for any reason.

TERMINATION OF SERVICE

If you terminate your service with Iophase Inc. you will receive a prorated refund for any unused service. Annual prepaid accounts typically offer users much lower monthly rates. Annual prepay accounts may be terminated within 60 days of the end of the term and a simple proration of the balance will be credited. Any other termination of an annual prepaid account will result in the forfeiture of any discounts that may have already been granted. The entire term will be recalculated from the start date to the cancellation date at the standard monthly rate and a new balance will be generated. If the new balance due exceeds the amount already paid, there will be no refund. Iophase Inc. will consider the account paid in full and close the account on good terms.

MINIMUM PAYMENT

Your account must be paid in advance at all times. Minimum payment is for one future month of service. Additional months may be purchased. Prepaying quarterly and annually typically results in significant discounts. Payment terms may be selected at the time of account signup. You may change your payment term at any time. The new billing term will begin when your current paid term ends. Annual accounts renew annually and will be billed 30 days before the end of the term. Quarterly accounts renew every three months and will be billed 30 days before the end of the current term. Monthly accounts renew monthly and are billed 30 days in advance.

CHECKS AS PAYMENT FOR SERVICE

Iophase Inc. prefers credit card payments for all transactions. Checks will be accepted in certain situations and only upon special arrangement. Accounts paid by check will be invoiced. A $4 surcharge may be applied to all invoices to cover fees and expenses related to invoicing and check handling. Checks returned to Iophase Inc. unpaid will be charged a handling fee of $25 or the maximum allowed by law. Checks will be deposited twice. If rejected twice, an additional handling fee will be assessed where allowed by law. Iophase Inc. may attempt to contact you in an effort to arrange an alternate payment source.

COLLECTION SERVICES

Iophase Inc. services are generally billed in advance. We reserve the right to bill in arrears on any account for any reason. Iophase Inc. also reserves the right to pursue any legal action necessary to collect unpaid debts for services we have provided. This may include hiring third parties to act as our agents in the collection of debt. We also reserve the right to hold "mechanics lien" over any assets we may possess in lieu of payment for services rendered.

RIGHT TO SUSPENSION OR CANCELLATION

User understands that Iophase Inc. may suspend or terminate users account at any time user is found in violation of the terms and conditions of this agreement.

MODIFICATION OF THIS POLICY

Iophase Inc. reserves the right to modify this policy at any time and without prior notice. Users who do not agree with subsequent revisions of this policy may refuse acceptance of the revised policy. Users who refuse future revisions of this policy will receive a full refund of any unused portion of the service for which they have paid and their account will be closed. This document was last modified May 15, 2004.