Photon.Net

Legal Terms & Conditions

This page contains usage terms and conditions for the web site and internet services provided by Photon.Net. Paying clients or potential clients should also read our service contract (displayed below on this page) which contains a lot more details about service rules for Photon.Net clients. Terms and conditions related to the sale and registration of domain names can be found on our Domain Name page.


Privacy Policy

Effective May 24, 2018

Photon.Net, LLC (“Photon.Net”) is a web hosting service provider. Headquartered in Mount Shasta, California, we provide web hosting solutions, domain name registrations, SSL certificates, and web development to our customers (“Services”). Photon.Net uses data center locations solely in the United States of America.

Photon.Net respects the privacy of every individual who visits www.photon.net (“Website”) and/or purchases its Services. This Privacy Policy is our commitment to transparency in communicating how Photon.Net collects, uses, and discloses the information that is collected from you, the visitor of its website and/or customer as well as the choices you have with respect to the information.

SCOPE OF POLICY

This Privacy Policy applies to how we collect, use, and disclose information from the following individuals:

  • Customers – individuals who register, on their own or on behalf of an entity, to use Photon.Net Services with the creation or administration of a Photon.Net account.
  • Technical Support Participants – individuals who provide their information to Photon.Net when they register for our support ticket system or call our technical support phone number.
  • Website Visitors – individuals who visit Photon.Net’s Website and opt to provide contact information including an email address to receive communications from Photon.Net. For purposes of this Privacy Policy, a Website Visitor does not include an individual who visits a website hosted by Photon.Net but owned and operated by a Photon.Net customer.

This Privacy Policy does not apply to a Customer’s website. Our Customers are responsible for the information they or their end users store in our hosting environment as well as compliance with applicable laws and regulations, and Photon.Net’s terms related to the collection and storage or personal information.

INFORMATION WE COLLECT

Customers

Photon.Net asks for your account information which includes your name, business name, email address, physical address, phone number, and credit card (stored directly with a third party processor), and website domain. By voluntarily providing Photon.Net with your account information, you represent that you own and consent to our use of such personal data.

Event/Marketing Participants

Photon.Net may ask for your name, email address, physical address, and phone number. Participation in events, surveys, contents, or subscribing to marketing material is voluntary and you may choose whether or not to participate and therefore disclose this personal data.

Website Visitors

At your option, Photon.Net asks and may collect your name, email address, physical address, and phone number. In addition, we also collect information such as web server logs, internet protocol (IP) addresses, browser type, or other information as part of aggregated data.

COOKIES AND OTHER TRACKING TECHNOLOGIES

Photon.Net uses cookies, beacons, tags, and other tracking technologies to gather demographic information about you, identify your visits to our Website, other interactions with our Website, and personalize your search experience on our Website. We gather information such as internet protocol (IP) addresses, internet service provider (ISP), operating system, browser type, date/time stamp, and store it in log files. To collect this information, a cookie, a standard feature of a website that allows us to store a small amount of data on your computer to allow our web servers to recognize you, may be set on your computer or device when you visit our Website. We may track your use across different websites and services. In some countries, including those in the European Economic Area (“EEA”), the information in this paragraph may be considered personal information under applicable data protection laws.

You can control how websites use cookies by changing your cookie settings (www.aboutcookies.org), but your modification may limit your use and functionality of some of the features on our Website.

HOW WE USE YOUR INFORMATION

Photon.Net uses the information it collects about you in the following ways:

  • To respond to any requests from you regarding sales and support.
  • To contact you regarding any agreements or accepted terms that you may have with Photon.Net for the Services.
  • To provide you with marketing emails, special offers, advertising campaigns, or newsletters.
  • To provide you with information logs associated with the use of Photon.Net’s Services.
  • To contact you regarding functionality changes to our Services or Website.
  • To develop new features and functionality to our Services and Website.
  • To collect payment and bill for our Services.
  • To diagnose problems.
  • To find and prevent fraud.
  • To register your domain name.
  • To carry out other purposes as disclosed to you through the Website, or found in terms or an agreement between you and Photon.Net.
  • Process for other purposes for which we obtain your consent.

HOW WE SHARE INFORMATION

Photon.Net shares the information it collects about you in the following ways:

  • Third Party Providers – Photon.Net may share your information with third party providers that provide services on our behalf or resellers who provide Photon.Net Services. These companies may assist with marketing support, processing credit card payments, content delivery, email, providing sales leads, and customer support. Third party providers may only process personal information pursuant to Photon.Net’s instructions, and in compliance with the Privacy Policy and other applicable regulations (e.g. EU-US Privacy Shield framework).
  • Business Transactions – To provide information to a third party in the event of any disposition of all or any portion of our business (e.g. reorganization, sale, assignment, bankruptcy).
  • Aggregated or De-identified Data – We may disclose or use aggregated or de-identified information with third party providers for research purposes relating to our Services.
  • As Required by Law or Similar Investigations – To comply with legal obligations (e.g. subpoena) or investigate potential legal violations. Photon.Net may be required to share personal data in response to lawful requests from public authorities including to meet national security and/or law enforcement requirements.
  • Safety – We may disclose your information to protect and defend the safety of Photon.Net in connection with investigating and preventing fraud or security issues.
  • Consent – Photon.Net may share your information with your consent.

YOUR CHOICES

You may unsubscribe from receiving promotional or marketing emails from Photon.Net at any time by using the “unsubscribe” link in the email received, or by emailing us at admin@photon.net. As outlined in the Section, Cookies and other Tracking Technologies, you can also control your cookie settings.

With respect to your account information, you may update, correct or delete information that you provided to us by logging into your Photon.Net account or contacting us at admin@photon.net.

LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION

For individuals in the EEA, Photon.Net’s legal basis for collecting and using your personal information will depend on the personal information collected and the specific context in which we collect it. Photon.Net will process personal information from you where, a) we have your consent to do so, b) where processing is necessary for Photon.Net to perform Services pursuant to an agreement, or c) where processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information, or may otherwise need the personal information to protect your vital interests or those of another person. At any time, you have the right to withdraw or decline consent. If you do not provide the requested information, Photon.Net will not be able to perform Services for you. Also, you have the right to object where we rely on our legitimate interests to process your personal information.

DATA SUBJECT RIGHTS

Individuals located in the EEA may have additional statutory rights available to them with respect to their personal information, including the right to access your personal information, have it erased, have it corrected, or object to or restrict processing. If you would like to make such a request, please email admin@photon.net and we will respond within thirty (30) days. Photon.Net will need to verify that the individual is inquiring about his/her own information before we can assist with the request.

We will comply with such requests to the extent legally required by applicable law or the EU-US or Swiss-US Privacy Shield. For EU individuals, you also have the right to lodge a complaint with the supervisory authority.

EUROPEAN UNION DATA TRANSFER

Transfer of Data to the United States

We are based in the United States. By using our services you consent to the transfer of your personal data to the United States, and to the processing and use of that personal data in the United States. This processing and use is limited to what is described in this privacy policy and the terms of use.

Marketing Activities

We may use your information to offer you products and services that we think may be of interest to you, unless you have opted out of marketing communications. If you are in the European Economic Area, where required by applicable law, we will obtain your consent before sending you any marketing communications. You may object to the use of your data for direct marketing purposes at any time, free of charge, when we collect your personal information and in every marketing communication. We will never provide your information to third parties for marketing purposes without your prior consent.

CHILDREN

Our Website and/or Services is not directed at children. We do not knowingly collect information from or about children under 13 years of age, and use of our services by children under 13 years of age is forbidden.

CHANGES TO PRIVACY POLICY

Photon.Net reserves the right to modify this Privacy Policy at any time, however, should we change the Privacy Policy in a material way, a notice will be posted on our website along with the updated Privacy Policy. If you disagree with the changes, you may terminate your Services.

CONTACT US

If you have any questions or concerns over this Privacy Policy, or wish to exercise any of your statutory rights, please contact us at:

Photon.Net, LLC
404 N. Mt. Shasta Blvd. #107
Mount Shasta, CA 96067
USA
Email – admin@photon.net


Legal Terms & Conditions

All access and use of the services available through our internet servers and our web site (collectively, the “Services”) are subject to the following terms and conditions. By using the Services, you are agreeing to these terms and conditions.

We encourage you to exercise discretion while browsing the internet through our Services. Photon.Net makes no representations concerning any effort to review the content of data being distributed through our server by other people using our Service. Consequently, Photon.Net is not and cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in e-mails passing through our servers or other web sites linked to the Photon.Net site.

The Services are provided "as is" with NO warranties. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law.


Limitation of Liability
Under no circumstances shall Photon.Net be liable to any user on account of that user’s use of our Services. Photon.Net shall not be liable for any damage arising from any event that is out of its control. Photon.Net shall not be liable for direct or indirect, special, incidental, exemplary, consequential, or any other form of money damages, including, but not limited to, lost profits or the loss of data or information of any kind, however caused, and arising out of or in connection with the performance or the providing of services by Photon.Net, whether based in contract, tort, or any other legal theory, and whether or not Photon.Net or the operators of any attached networks have been made aware of the possibility of such damages.

Photon.Net will take all diligent efforts to make network services available. However, Photon.Net shall not be responsible for any events or circumstances beyond its control which limit such availability, including, but not limited to, electrical, telephone, or telecommunications failures or interruptions and scheduled or unscheduled maintenance.

Photon.Net exercises no control whatsoever over the content of the information passing through our internet servers, except in cases where we are made aware of a user who has violated our rules and regulations for server usage.

Photon.Net will make reasonable efforts to protect the integrity of the data stored on our servers, using accepted industry standards of internet security and network administration. Photon.Net will not be responsible for any loss or damages from delays, non-deliveries or service interruptions, including those caused by errors or omissions. The individual and/or the organization is solely responsible for (a) the accuracy and/or quality of the information obtained or data transmitted, and (b) assuring that each message sent has been received.

Photon.Net maintains backups of your data for internal use only, as an emergency backup in case of server failure or hard drive crash. Photon.Net does not guarantee the backup of your data stored on our servers. We highly recommend that you keep your own backups of all your critical data. If you require access to our emergency backups due to no fault of Photon.Net (for example if you have recently lost some data and you want us to restore it), a backup restoration fee of at least $50 will be charged. Requested backups are for emergencies only — again, we highly recommend that you keep your own backups of all your critical data.

Photon.Net shall not be liable for any damage arising from any event that is out of its control. Photon.Net shall not be liable for direct or indirect, special, incidental, exemplary, consequential, or any other form of money damages, including, but not limited to, lost profits or the loss of data or information of any kind, however caused, and arising out of or in connection with the performance or the providing of services by Photon.Net, whether based in contract, tort, or any other legal theory, and whether or not Photon.Net or the operators of any attached networks have been made aware of the possibility of such damages. In no event shall the liability of Photon.Net exceed a refund of the amounts actually paid to Photon.Net for the then-current service period.

Photon.Net web hosting accounts have an administrative control panel which includes an auto-installer (“Fantastico”) for dozens of free web scripts. While we provide this auto-installer as a convenience to our customers, these scripts are widely-developed open-source scripts from other authors and it would be impossible for us to provide tech support for all them. Photon.Net is only providing you with a way of installing the scripts. Ultimately, it is up to you and/or your webmaster to learn and administrate the scripts once they are installed. If you need assistance beyond installation, our web development department can be hired at hourly rates for administration and configuration of scripts. You should always make a backup of any script databases before you apply upgrades or security patches through the control panel.

The web hosting control panel also allows users to set up additional domain names as “Add-On” or “Parked” domains, if your hosting account package includes that feature. (i.e. Multiple domain names hosted under a single web hosting account.) Add-On or Parked domains can only be domains that belong to or are associated with the web hosting account holder. It is not acceptable to host other people’s domain names as an Add-On or Parked domain. Web hosting space for Add-On or Parked domains cannot be re-sold, traded, or given to other people or organizations. Other people or organizations would need to purchase a unique web hosting account of their own.

Acceptable Use:

Photon.Net’s services may only be used for lawful purposes. You agree that Photon.Net may, without refund, limit or discontinue access to your account or terminate your account at any time in the event you violate or fail to observe our terms and conditions of service. Photon.Net reserves the right to modify or amend such terms and conditions in the future from time to time. You agree to the privacy of other users and organizations; for example, users shall not intentionally seek information on, obtain copies or modify files, other data or passwords belonging to other users, or represent themselves as another user unless explicitly authorized to do so by that user. You agree to hold Photon.Net harmless from any claims resulting from your use of the service which damages you or another party.

Use of the internet for lawful commercial purposes is both permitted and encouraged. Service is provided for your organization only. Resale or the use of the service by another organization is prohibited unless you have a specific reseller agreement in writing from Photon.Net. In order to use Photon.Net’s services or any other networks which are used as a result of their Photon.Net connections, all individuals or organizations connected to our internet servers must comply with this policy and the rules of the stated purpose and acceptable use policies of any other networks or hosts used.

“Spam” (Unsolicited Commercial E-mail) is not allowed in any way. Anybody caught sending spam to or from an e-mail account hosted by Photon.Net will be reported to various anti-spam organizations and, if applicable, legal action will be taken.

Photon.Net may, at any time, make determinations that particular uses are not consistent with Photon.Net’s acceptable use policy. Photon.Net’s acceptable use policy is, at a minimum, to include:

(1) To respect the legal protections provided by copyright and license to programs and data.
(2) To respect the integrity of computing systems; for example, users shall not intentionally develop programs that harass other users or infiltrate a computer or computing system and/or damage or alter the software components of a computer or computing system.
(3) Malicious use is not acceptable. Use should be consistent with guiding ethical statements and accepted community standards. Photon.Net’s network may not be used in ways that violate applicable laws or regulations. Use of Photon.Net’s network and any attached network in a manner that precludes or significantly hampers its use by others is not allowed.

You shall hold Photon.Net harmless from and against any and all losses, liabilities, damages, claims, judgments, costs, and expenses (including reasonable attorneys’ fees) incurred in connection with any claim against Photon.Net by a third party which may arise from, or as a result of, your use of Photon.Net’s internet server, including, but not limited to, any claims of copyright or trademark infringement.

When Photon.Net learns of possible inappropriate use, Photon.Net’s staff will notify the individual or organization responsible, which must take immediate remedial action and inform Photon.Net of its actions. Photon.Net reserves the right to disconnect your internet services. If this is deemed necessary by Photon.Net staff, efforts will be made to inform you prior to discontinuing such service, and efforts will be made to reestablish your connection as soon as it is mutually agreed upon.

Authorities and Permissions; Consumer Credit:

You hereby affirm that all information submitted to our servers for e-mail or web distribution does not infringe upon any copyright, trademark, patent, statutory or common law or proprietary rights of others. You hereby affirm that all information submitted to our servers does not contain anything deemed to be obscene or libelous. Further, you indemnify Photon.Net with respect to any damages, loss or legal expense which might result from the hosting or distribution of any materials provided on your web site.

Modification of Services:

Photon.Net reserves the right to change, without notice, all services, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation and services offered. Photon.Net offers a good faith assurance that such service changes will not be made except to improve Photon.Net’s level of service.

Photon.Net may modify the terms and conditions hereof. Your use of Photon.Net resources after such notice shall constitute your acceptance of the modifications of this Agreement.

Miscellaneous:

Photon.Net reserves the right to refuse service to anyone for any reason, including rude or unacceptable treatment of Photon.Net staff or other users, abuse of our customer support services, or false or persistent complaints about internet services which are known and evidenced to be fully functional.

If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force and effect.

This Agreement shall be governed by the laws of the State of California.

Use of Photon.Net’s internet services constitutes acceptance of this Agreement.


Photon.Net Service Contract & Agreement

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, it is mutually agreed as follows:

Terms and Conditions:

The following recital of facts is incorporated herein by reference and shall be deemed a part of this Agreement.

"You" and "your" refers to Customer.

"Photon.Net" refers to Photon.Net, LLC and any of our related services (multimedia, e-commerce, etc.).

The following terms and conditions constitute the agreement between Photon.Net and you for the purpose of internet service and hosting on Photon.Net’s internet server, and/or the processing of credit card data, check data, and money. This agreement is organized in sections which stipulate the terms of the agreement between the parties hereto.

User Internet Accounts: E-Mail, Web Hosting & Maintenance:

Photon.Net shall provide the e-mail, commerce processing, web hosting and/or maintenance services to your account more particularly described on Schedule 2 attached hereto, and you shall pay Photon.Net the amount described on Schedule 2 attached hereto, which shall be payable by the due date on the invoice sent to you.

If Schedule 2 indicates that your account includes e-commerce and reseller services, then this agreement shall also constitute a reseller and e-commerce service agreement pursuant to which Photon.Net will re-sell your merchandise through an internet storefront hosted on a server maintained by Photon.Net, and the additional terms and conditions contained in Schedule 3 attached hereto shall be deemed a part of this Agreement and incorporated herein. All fees and charges for reseller and e-commerce services shall be as set forth on Schedule 2.

Any payments not made, when due, shall be in default and shall (i) be subject to a late payment fee of five (5%) percent of the amount due if such payment is not received within five (5) days of its due date, and (ii) bear interest at the rate of 5% per annum from and after its due date. If any amount is not paid within thirty (30) days of the date it is due, all services shall be subject to suspension, without refund, and the services may only be reactivated at Photon.Net’s discretion after the payment plus any late fees have been received.

Photon.Net exercises no control whatsoever over the content of the information passing through Photon.Net’s Internet server, except in cases where we are made aware of a user who has violated our rules and regulations for server usage. Photon.Net does not make any express or implied warranty of any kind for the services it is providing. In addition, there is no express or implied warranty of merchantability or fitness for a particular purpose.

Photon.Net will take all diligent efforts to make network services available. However, Photon.Net shall not be responsible for any events or circumstances beyond its control which limit such availability, including, but not limited to, electrical, telephone, or telecommunications failures or interruptions and scheduled or unscheduled maintenance.

Photon.Net will make reasonable efforts to protect the integrity of the data presented on your web site using accepted industry standards of Internet security and network administration. Photon.Net will not be responsible for any loss or damages from delays, non-deliveries or service interruptions, including those caused by errors or omissions. The individual and/or the organization is solely responsible for (a) the accuracy and/or quality of the information obtained or data transmitted, and (b) assuring that each message sent has been received.

Photon.Net does not guarantee the backup of your data stored on the Photon.Net Internet server. Photon.Net may maintain backups for internal use by Photon.Net only. Photon.Net recommends that you keep your own backups of all your data.

Photon.Net shall not be liable for any damage arising from any event that is out of its control. Photon.Net shall not be liable for direct or indirect, special, incidental, exemplary, consequential, or any other form of money damages, including, but not limited to, lost profits or the loss of data or information of any kind, however caused, and arising out of or in connection with the performance or the providing of services by Photon.Net, whether based in contract, tort, or any other legal theory, and whether or not Photon.Net or the operators of any attached networks have been made aware of the possibility of such damages. In no event shall the liability of Photon.Net exceed a refund of the amounts actually paid to Photon.Net for the then-current service period.

Acceptable Use:

Photon.Net’s services may only be used for lawful purposes. You shall strictly abide by the rules and regulations attached hereto as Schedule 1 and agree that Photon.Net may, without refund, limit or discontinue access to your account or terminate your account at any time in the event you violate or fail to observe such rules and regulations. Photon.Net reserves the right to modify or amend such rules and regulations in the future from time to time. You agree to the privacy of other users and organizations; for example, users shall not intentionally seek information on, obtain copies or modify files, other data or passwords belonging to other users, or represent themselves as another user unless explicitly authorized to do so by that user. You agree to hold Photon.Net harmless from any claims resulting from your use of the service which damages you or another party.

Use of the Internet for lawful commercial purposes is both permitted and encouraged. Service is provided for your organization only. Resale or the use of the service by another organization is prohibited unless you have a specific reseller agreement in writing from Photon.Net. In order to use Photon.Net’s services or any other networks which are used as a result of their Photon.Net connections, all individuals or organizations connected to the Photon.Net Internet server must comply with this policy and the rules of the stated purpose and acceptable use policies of any other networks or hosts used.

Photon.Net may, at any time, make determinations that particular uses are not consistent with Photon.Net’s acceptable use policy. Photon.Net’s acceptable use policy is, at a minimum, to include:

(1) To respect the legal protections provided by copyright and license to programs and data.

(2) To respect the integrity of computing systems; for example, users shall not intentionally develop programs that harass other users or infiltrate a computer or computing system and/or damage or alter the software components of a computer or computing system.

(3) Malicious use is not acceptable. Use should be consistent with guiding ethical statements and accepted community standards. Photon.Net’s network may not be used in ways that violate applicable laws or regulations. Use of Photon.Net’s network and any attached network in a manner that precludes or significantly hampers its use by others is not allowed.

You shall hold Photon.Net harmless from and against any and all losses, liabilities, damages, claims, judgments, costs, and expenses (including reasonable attorneys’ fees) incurred in connection with any claim against Photon.Net by a third party which may arise from, or as a result of, your use of Photon.Net’s Internet server, including, but not limited to, any claims of copyright or trademark infringement.

When Photon.Net learns of possible inappropriate use, Photon.Net’s staff will notify the individual or organization responsible, which must take immediate remedial action and inform Photon.Net of its actions. Photon.Net reserves the right to disconnect your Internet services. If this is deemed necessary by Photon.Net staff, efforts will be made to inform you prior to discontinuing such service, and efforts will be made to reestablish your connection as soon as it is mutually agreed upon.

Photon.Net reserves the right to refuse service to anyone for any reason, including rude or unacceptable treatment of Photon.Net staff or other users, abuse of our customer support services, or false or persistent complaints about internet services which are known and evidenced to be fully functional.

Intellectual Property:

You retain all rights to "intellectual property" in web site content. Photon.Net will not reproduce "intellectual property" without permission from the owner, unless reproduction is required for the upkeep of your web site.

Photon.Net reserves the right to publish, within its own site, a link to your site, unless you request that we do not publish any links. Photon.Net also reserves the right to not publish links, or to remove links once they have been published.

Authorities and Permissions; Consumer Credit:

You hereby affirm that all information submitted for hosting or distribution does not infringe upon any copyright, trademark, patent, statutory or common law or proprietary rights of others. You hereby affirm that all information submitted for hosting or distribution does not contain anything deemed to be obscene or libelous. Further, you indemnify Photon.Net with respect to any damages, loss or legal expense which might result from the hosting or distribution of any materials provided on your web site.

Modification of Services:

Photon.Net reserves the right to change, without notice, all services, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation and services offered. Photon.Net offers a good faith assurance that such service changes will not be made except to improve Photon.Net’s level of service.

Photon.Net reserves the right to suspend or terminate access to your site upon any indication of credit problems (i.e., delinquent payments, insufficient funds or rejection of any checks or credit card charges).

Term:

This Agreement is in effect, commencing on the Photon.Net Acceptance Date, until the Agreement is terminated in writing by either party. Photon.Net will notify you of any planned service interruptions as far in advance as possible. This Agreement can be terminated by either you or Photon.Net, by notice delivered as hereinafter provided.

If you remove your site from the Photon.Net Internet server to another web server after the termination of this Agreement, Photon.Net is under no obligation to publish a forwarding page linked to the new location of your site, although we reserve the right to provide at our discretion a forwarding page for a small cost agreed upon by you, or free as a courtesy. You have the right to create a forwarding page linked to a new location and distribute it on the Photon.Net Internet server prior to the termination of this Agreement.

Photon.Net may modify the terms and conditions hereof upon notice to you. Your use of Photon.Net resources after such notice shall constitute your acceptance of the modifications of this Agreement.

Miscellaneous:

This agreement shall be binding upon the parties hereto and their respective heirs, successors and assigns; provided, however, that you shall not assign your interest in this Agreement, except to your affiliates. For purposes hereof, the word "affiliate" shall mean (i) any person or entity directly or indirectly controlling, controlled by or under common control with another person or entity, (ii) a person or entity owning or controlling ten (10%) percent or more of the outstanding voting interest in or of such other person or entity, (iii) any officer, directory, partner, member, trustee or anyone acting in a similar capacity as such persons, and (iv) if such other person is an officer, director, partner, member or trustee, any entity for which such person acts in any such capacity.

Sales and/or use taxes, if applicable, shall be paid by you.

This Agreement, including the Schedules and Rules and Regulations attached hereto, contains the entire agreement between the parties pertaining to the subject matter hereof and fully supersedes all prior agreements and understandings between the parties pertaining to such subject matter. This Agreement may not be modified, except in writing by Photon.Net.

If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force and effect.

Time is of the essence to this Agreement.

This Agreement shall be governed by the laws of the State of California.

Any notice pursuant to this Agreement shall be given in writing by (a) personal delivery, (b) expedited delivery service with proof of delivery, (c) United States registered or certified mail, return receipt requested, postage prepaid, or (d) prepaid telegram, telex or telecopy (provided that such telegram, telex or telecopy is confirmed by expedited delivery service or by mail in the manner previously described), sent to the intended addressee at the address set forth on the first page of this Agreement, or to such other address or to the attention of such other person as the addressee shall have designated by written notice sent in accordance herewith, and shall be deemed to have been given either at the time of personal delivery, or, in the case of expedited delivery service or mail, as of the date of the first attempted delivery at the address and in the manner provided herein, or, in the case of telegram, telex or telecopy, upon receipt. Unless changed in accordance with the preceding sentence, the address for notices given pursuant to this Agreement shall be as set forth on the first page of this Agreement.

This Agreement may be executed in several counterparts, and all such executed counterparts shall constitute the same agreement. It shall be necessary to account for only one such counterpart in proving this Agreement.

Arbitration:

Any controversy or claim in connection with this Agreement shall be submitted to and heard by an arbitrator agreed to in writing by the parties, or absent such an agreed arbitration procedure within sixty (60) days, in accordance with the rules of the American Arbitration Association. All claims must be filed with the American Arbitration Association’s California Office within one (1) year from (i) the date the services were last performed, or (ii) the time the party knows or should have known of the breach, whichever first occurs. The determination of such arbitrator shall be binding upon all parties to this Agreement and judgment may be entered in any court having jurisdiction.

Use of Photon.Net’s resources constitutes acceptance of this Agreement.


Schedule 1
Schedule of Rules and Regulations

1. You shall not disturb the files or directories of other customers or users.

2. You may not run software which is designed to or shall cause the Photon.Net internet server to malfunction or work incorrectly.

3. You may use your account for business purposes, but shall not resell your connection, unless you have a specific reseller agreement in writing from Photon.Net.

4. You may not try to "hack" log-ins or access restricted areas of the Photon.Net internet server system. Such activity is strictly prohibited and will result in immediate account termination with no refund.

5. You may not "spam" or flood messages through E-mail or throughout Usenet with a single message to a large number of user groups or mailing lists not related to the topic of its message.