General Provisions
While using Services provided by iProsper.net, you agree to the following terms and conditions.

Definitions

Customer Use of Services

1. Disk Space and Client Content: iProsper.net offers varying hard drive space based on the hosting package chosen. Accounts are to be used by the primary owner only. Account holders are not permitted to resell web-hosting services of their website to other parties. Client agrees that webpages and files uploaded to our servers will not violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights of iProsper.net or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to iProsper.net or any third party. Customers may not run IRC bots or clients. BitTorrent seeders, trackers and .torrent files are not allowed. Unacceptable uses of our service also include: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content or links to adult websites, nudity, copyrighted MP3s, illegal content, copyright infringement, trademark infringement, warez, cracks, or software serial numbers. iProsper.net will be the sole and final arbiter as to what constitutes a violation of this policy.
    
2. Bandwidth Usage: iProsper.net offers varying data transfer limits based on the hosting package chosen, within a 24 hour period. Sites that use over their allotted amount within a 24 hour period will receive an email notification. If the site consumes over 10 GB within 24 hours, HTTP service will automatically be disabled and another email notification will be sent to the customer. Customer must follow the instruction in the email to have their HTTP re-enabled. Sites that consume over our daily limit more than 3 times within a 30 day period will be disabled and client must look into another Web hosting provider to accommodate those high bandwidth needs.
    
3. Excessive Resource User Policy: Resources are defined as bandwidth and/or processor utilization. A website is considered to be using "Excessive amounts of resources" when it monopolizes the resources available by using 10% or more of system resources for longer than 60 seconds or generates over 32,500 requests per hour. There are numerous activities that could cause such problems; these include: CGI scripts, PHP, FTP, HTTP, etc. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. We reserve the rights to suspend or terminate any hosting account that we feel is jeopardizing our network. iProsper.net will be the sole and final arbiter as to what constitutes a violation of this policy.
    
4. No "Spam": UCE/UBE or "Spam" originating from an iProsper.net account, or associated with an iProsper.net account, is not tolerated. This includes any e-mail that promotes web sites hosted on an iProsper.net account but is sent from an e-mail address not associated with that iProsper.net account. Client shall not use their iProsper.net services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. iProsper.net reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $150 clean up fee if an account was suspended for policy violation.
    
5. False Information: Client agrees not to post false or inaccurate information to news groups in violation of the news groups' rules and regulations. If any news groups or service providers contact iProsper.net concerning unethical, false or unlawful activities by you, iProsper.net reserves the right to terminate your service without notice.
    
6. Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
    
7. Back-Up Files: iProsper.net will make every reasonable effort to protect and backup data for Client on a regular basis, however iProsper.net does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, client is solely responsible for independent backup of data stored on Providers server and network. There is a one time fee of $100 for our Administrator to retreive client's individual back-up files.
    
8. Domain Name Registration: There is a $25/year fee for new domain name registration. Domain names can be used or transferred to another registrar only if customers account is paid for with no balance. If customer has a balance, it must be settled before domain name is released.
    
9. Unauthorized Use: Unauthorized use of other people's accounts or computers is strictly forbidden. iProsper.net will suspend or cancel any user's account that is found to have participated in such activity. Suspension and or cancellation are solely at the discretion of iProsper.net. Such attempts include tricking other people into releasing their passwords, password cracking, security hole scanning, etc.  Any unauthorized use of accounts or computers by an iProsper.net customer, whether or not the attacked account or computer belongs to iProsper.net, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack. 
    
10. POLICY FOR FORWARDING EMAIL TO AOL
    AOL has changed their Anti-Spam system which determines where Spam email and unsolicited email originates from and instead of targeting the actual sender of Spam and unsolicited mail, AOL has begun blocking the last mail server to have sent the message. In other words, if a server is set to forward all mail from your address on our server (i.e. you@yourdomain.com) to an AOL address (i.e. you@aol.com) and any Spam or unsolicited mail that originates somewhere else is then forwarded to your AOL account, AOL will block ALL mail from our server, whether legitimate or not. We've dramatically increased our spam filtering process and have been quite successful, allowing only 2 or 3 spam messages on average through a day. Its virtually impossible to stop ALL spam email, no matter how much is tried. Even AOL with their overly aggressive approach still allows spam into email accounts. Obviously, this new method of determining senders of Spam is unfair and inaccurate, but after many contacts with AOL they don't seem to care. Unfortunately, we can't afford to have any of our clients messages blocked by AOL, so if AOL reports any Spam or unsolicited email has been forwarded or sent from any account hosted on our email server, we will have no other option but to cease the forwarding of that account to an AOL email address. You will then be required to check your email via our MyWebMail interface, use an email program to access your mail, or forward your mail to another non-AOL email address. If you feel this policy is unfair, as we do, we encourage you to contact AOL about how the change in their Anti-Spam system has negatively affected your use of your personal email and how it threatens to prevent us from forwarding mail to your AOL account.
     
11. Managment of SPAM Email: Due to the overwhelming growth of SPAM & other unsolicitated email in combination with our ever increasing filtering techniques, our current SPAM handling policy removes any and all SPAM messages from your SPAM folder once they're over 5 days old. So, once a SPAM email has been in your SPAM folder for 5 days it will be automatically deleted. If you'd like to keep any messages considered SPAM, simply move them to another folder prior to the 5 day limit.
    NOTE: If you use Outlook, Outlook Express, Eudora, or any other email client that downloads mail to your computer, the above item may not apply to you. If you login to check your SPAM folder, then the above 5 day limit WILL apply.
     
12. Management of Deleted Mail or TRASH folder: In an effort to better manage server disk, processor, and memory resources any and all email messages in the Deleted or "The Trash" folder that are over 30 days old will be permanently deleted. If you want to keep any items in your Deleted or "The Trash" folder, simply move the messages to another folder. NOTE: If you use Outlook, Outlook Express, Eudora, or any other email client that downloads mail to your computer, the above item may not apply to you.

Payment Obligations, Renewals, and Cancellations

1. Payment Obligations: Full payment is required in advance, before hosting service is established. You grant iProsper.net the right to debit the credit card or account you provided on the Order Form for services you signed up for, until such service is cancelled by you in writing or is cancelled by iProsper.net according to terms of this Agreement. You warrant and represent that the information you supply in the Order Form (or other information that iProsper.net may require) is accurate and truthful. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the renewal date, your account will be terminated. Once your account is terminated, you will need to pay for the set up fee and the monthly fees to reopen the account. There is a $15 fee for bounced check and a $35 processing fee for chargebacks.
    
2. Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to iProsper.net fifteen (15) days before the renewal date that you do not wish to renew such account. Promotions are not included in renewals.
    
3. Cancellation: You may cancel at anytime. If you cancel before the first 30 days, please refer to the details under "Limited 30-day Money Back Guarantee." If you cancel after the first 30 days from the opening of your account, you will be obligated to pay all fees and charges accrued prior to the effectiveness of the cancellation. iProsper.net will refund to you the prepaid fees for basic hosting for the full months remaining after effectiveness of cancellation, less any prior fees and charges, and an early cancellation fee of $25. Accounts that are terminated by iProsper.net will not receive any refund. All cancellations must be received in writing as per the deadlines indicated; regular mail, e-mail and fax notifications are acceptable. Phone requests will not constitute acceptance of any cancellation. Cancellation request will reflect the day of your submission. Refunds will be issued back to your credit card within 7-10 business days from your cancellation date.

Limited 30-day Money Back Guarantee
If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a full refund on your hosting fee excluding setup fees and additional services. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Domain name registration is non-refundable. Phone requests will not constitute acceptance of any cancellation.

Disclaimer of Warranty
You agree to use the Services and any information obtained through or from iProsper.net at your own risk. You acknowledge and agree that iProsper.net exercises no control over, and accepts no responsibility for, the content of information passing through iProsper.net's host computers, network hubs, points of presence or the internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. iProsper.net MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES. iProsper.net MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM THE USE OF SERVICES IS ACCURATE AND RELIABLE. iProsper.net EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY iProsper.net. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY iProsper.net PERSON WILL CREATE ANY WARRANTY OR MAY YOU RELY ON SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this Agreement.

iProsper.net is not responsible for any interruption in service or down time that may occur, whether due to external network disruptions or negligence of iProsper.net. This includes loss of data resulting from delays, non-deliveries, wrong delivery, equipment failure and any and all other service interruptions caused by iProsper.net.

Limitation of Liability
You agree that iProsper.net will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to iProsper.net at the time) which may exist in the Services or in iProsper.net's equipment used to provide the Services.

Under no circumstances will iProsper.net be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. iProsper.net will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to iProsper.net's records, programs, equipment or services.

Notwithstanding anything to the contrary in this Agreement, iProsper.net's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this Section will survive any termination of this Agreement.

Right to Refuse Service
At its sole discretion, iProsper.net has the right to refuse any and all service or Services to any applicant, Customer, Client whether it be an individual or legal entity.

Indemnification
Customer agrees to indemnify, defend and hold harmless iProsper.net, its officers, directors, employees, shareholders and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party arising out of or relating to (i) Customer's use of the Services, (ii) any breach by Customer of this Agreement, or (iii) any acts or omissions of Customer. The terms of this Section will survive any termination of this Agreement.

Force Majeure
iProsper.net will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

Disclosure of Customer Information and Legal Process
Although iProsper.net maintains strict confidentiality on Customer's information, there are certain exceptions in which iProsper.net may disclose information in its possession, including but not limited to information about the Customer's internet transmissions and website activity in order to comply with court order, subpoena, discovery request, warrant, statute, regulation or official governmental requests. iProsper.net has no obligation to notify Customer about whom the information is sought or that iProsper.net has provided the information. Customer acknowledges the above exceptions and agrees to them without reservation.

Governing Law; Jurisdiction; Arbitration
This Agreement is governed by Alabama law and both parties will submit to personal jurisdiction in Alabama. Any controversy or claim arising out of, relating to or in connection with this Agreement, or the breach thereof, will be subject to arbitration administered by the American Arbitration Association ("AAA") in accordance with its then existing Commercial Arbitration Rules (collectively, the "AAA Rules") and any award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration will be Tuscaloosa, Alabama, or any other place selected by mutual agreement of the parties. An award rendered in connection with arbitration pursuant to this Section shall be final and binding upon the parties. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The terms of this Section will survive any termination of this Agreement.

Assignment
Customer will not have the right to assign this Agreement without the prior written consent of iProsper.net.

Entire Agreement; Severability
This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect.

Customer hereby represents that he, she or it, is either an individual entering this Agreement for his or her personal use and is over 18 years of age, or is a corporation other legal corporate entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.

Use of iProsper.net Services constitutes full, informed consent to these terms of service.