• Pirated software
• Hacker programs or archives
• Warez sites
• Pornography
• Spamming software

Again, YourFans.com will be the sole arbiter as to what constitutes a violation of this provision.

Billing Rights and Responsibilities
The first year of service must be paid in advance, before service will begin. After the first year, clients may have the option of paying monthly, quarterly, or yearly.

Payments must be paid at least one (1) month in advance.

You acknowledge that YourFans.com may bill your credit card one (1) month prior to the payment interval you have chosen. You authorize automatic billing by YourFans.com on an on-going basis during the term of the Agreement. YourFans.com may apply the amount due (or as much and as often as it takes to receive the full amount due) to client's credit card at any time. Cancellation of your credit card number without first giving us another form of payment and/or agreement to make such payment in full may be considered fraud and may be prosecuted as such.

You agree to provide YourFans.com with accurate and complete billing information, including your legal name, address, telephone number, and e-mail address and to update this information immediately if any change occurs.

All account services must be paid and verified before account activation. Acceptable forms of payment are as follows:

• Visa ¹
• MasterCard ¹
• Discover ¹
• American Express ¹
• PayPal
• eCheck ¹
• Personal Check ²
• Business Check ²
• Cashiers Check ²
• Money Order ²
• Western Union^® Wire Transfers
  (with advanced written or e-mailed authorization by YourFans.com)
• Cash ³

¹ For your security, payments made by credit card and/or eCheck are processed through PayPal's secure servers. Some international credit cards are accepted via PayPal.

² Checks and money orders sent to us MUST be drawn from a United States bank, United States credit union or United States post office.

³ We do accept cash, but due to obvious reasons, we are not responsible for lost, damaged, or stolen mail. Certified Mail, Delivery Confirmation, Signature Confirmation, insurance and/or any other such delivery verification does not prove delivery of cash. If you choose to send cash, you do so completely at your own risk. We STRONGLY suggest that you get a money order instead of sending cash. It will provide better security for you and can be traced by you should there be any problems or theft.

All payments are to be payable in United States Dollars (USD) ONLY. Paypal payment (when paid in what is exchanged as or considered United States Dollars) is also allowed.

Payment(s) may be of mixed payment types.
Example: You can pay $100.00 with both a $50.00 check and a $50.00 money order.

Services will not begin until payment has been made in full and check and/or money order has cleared, usually 14 days. We reserve the right to hold checks, money orders, and/or any other form of payment longer if we have reason to believe that they are being used fraudulently. YourFans.com may charge up to $20.00 for all returned checks.

30-Day Money Back Guarantee
If within 30 days of service, you are unsatisfied with our service, simply notify YourFans.com at billing@yourfans.com or by postal mail, as listed on our contact us page, and you will receive a refund. However, any additional charges (including, but not limited to; going over traffic limit, or any of our additional option features) will be subtracted from your refund to cover setup and/or other expenses related to your account, regardless of whether your plan had any setup fees. Fraudulent web sites, providing misleading information, spamming, violations of security, and/or other such violations as outlined in this agreement will not receive a refund.

Notice of Any Future Fee Increases YourFans.com will e-mail current clients and/or publish a notice of fee increase/change 30 days before such changes take effect.

Past Due Accounts, Delinquent Accounts, and Late Payments An account is considered "past due" if payment has not been received or postmarked by the billing date; or if at any time payment is rejected or questioned by the client's credit card company, bank, or credit union for any reason. We reserve the right to suspend your service(s) and/or account(s).

"Delinquent" accounts are those that are 30 days or more past due. Your service(s) will be suspended, if not already. Notwithstanding any other rights YourFans.com may have in this agreement, all of your web site(s) contents may be destroyed if your account is 30 days or more past due.

Accounts will incur a late payment charge of 2% or $2.00 per day (whichever is higher), for each account more than 7 days past due. This late charge, along with the amount past due, must be fully paid before we re-enable your service(s). We also reserve the right, and at our discretion, to post a message at your web site(s) and/or domain name(s) indicating your suspension that any visitors to your web site(s) will see (this would be done so that you can see it when you go to update your web site(s), in case you did not read our e-mail notifications to you). YourFans.com accounts continue to accrue charges while they are past due, even after termination.

We will attempt to e-mail a past due notice to your master account(s) at least three (3) times if you are past due. The "master account" shall be the e-mail address that you signed up with and/or "admin@" followed by the domain name of your account with us (example: admin@yourfans).

After 90 days past due, failure to pay delinquent amount due (or make acceptable arrangements for payment), in full, will result in termination of all services and deactivation of all accounts. Any domain name(s) registered by us for you, at our discretion, may become the property of YourFans.com (This would be to help pay for your delinquent account). YourFans.com reserves the right to refer past due accounts to a third-party collection agency. Client(s) may be subject to any cost incurred by such collection, including but not limited to, attorney fees. We also reserve the right to report any unpaid balances to credit bureaus.

Traffic Guidelines
Due to the unique resource characteristics and traffic patterns associated with certain types of sites, the following are limited to the specified allotted amount of free traffic/bandwidth per month:

• Sub hosting - any domain housing additional users
  (Commonly used by resellers of domain name space)
  Example 1: "http://www.yourfans.com/~username"
  Example 2: "http://username.yourfans.com"
• Shareware, sound, video, image and multimedia archives
  (This is mainly meant for very extreme usage thereof)
• Mirror sites
• Distribution points
• Any site whose primary purpose is file distribution
• Other exceptions may apply

Sites that go over the allowed free traffic may be charged overage fees. Sites must pre-pay this fee, and site is subject to suspension if bandwidth is unpaid for. Please e-mail tech@yourfans.com in advance if you know that your web site(s) will use an exceptionally large amount of bandwidth (over 5 gigs a month), we may be able to offer you a special high traffic plan.

Chat Rooms
As a general rule; we do not allow chat rooms running on our servers. If you must have a chatroom, e-mail tech@yourfans.com for more information.

Background Running Programs
As a general rule we do not allow background-running programs. We may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. E-mail tech@yourfans.com if you have any questions.

CGI Scripts
Most YourFans.com accounts come with their own CGI-Bin. Those clients are free to use any CGI-scripts they require. Any CGI-scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-script sharing with domains not hosted by YourFans.com is not allowed.

Server Resources
Any web site that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) can be suspended without notice, and then may be given an option of either upgrading their service level or reducing the resource used to an acceptable level. (Most web sites will not have to worry about this.)

Distribution and/or Transmission of Obscene or Indecent Speech or Materials
Violation of indecency or obscenity laws can result in civil and/or criminal liability.

Intellectual Property Rights
Material accessible to you through our Services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use any YourFans.com Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the YourFans.com Network. If you use a domain name in connection with any YourFans.com service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security
Clients may not use the YourFans.com Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the client, logging into a server or account the client is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Clients may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. YourFans.com will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal and/or civil liability.

Defamation
Defamatory speech distributed over the Internet can result in criminal and/or civil liability.

Refusal of Service
We reserve the right to refuse, cancel or suspend service at our sole discretion. Violation of any of YourFans.com's Terms of Service could result in a warning, suspension, or possible immediate account termination. Accounts terminated due to policy violations will not be refunded.

Backups
We backup your web directory daily. You are advised to make your own backups also. We are not responsible for failed backups.

IRC
IRC or IRC bots may not be operated on our servers at this time. If you must have IRC, e-mail tech@yourfans.com for more information.

Commercial Advertising - E-mail
You must not use the YourFans.com Network, YourFans.com, or other related equipment or e-mail address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited e-mail messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the YourFans.com Network, YourFans.com, or other related equipment or any e-mail address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public will not constitute a request or invitation to receive messages.

FYI: Spamming is a Federal offense. The fine is up to $10,000.00 per day. Headers forgery and unauthorized use of SMTP servers is a felony.

FYI: Additionally, California State laws prohibit the transmission of spam from and to California. At the very least it is a misdemeanor with a fine of $50.00 per e-mail, up to $25,000.00 per day.

If you are found to have spammed, YourFans.com reserves the right to disable, suspend and/or terminate your account(s), without warning. In addition, YourFans.com may impose up to a $1,000.00 penalty for each spam policy violation. YourFans.com solely reserves the right to refuse or cancel service to known spammers. YourFans.com reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Abuse
Any attempts to undermine, slander, libel, threaten, swear at, or cause harm to a YourFans.com server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund, our discretion. In addition, we reserve the right to pursue all attempts to the fullest extent of the law. Lack of immediate action on our part does not mean that we surrender or give up those rights.

Notice to us of Problems with Your Account
Please notify us as-soon-as-possible of any problem(s) with our service. Any complaint(s) concerning our service must be made within 30 days of alleged problem(s). That is more than reasonable time.

Indemnification:
Customer agrees that it shall defend, indemnify, save and hold YourFans.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against YourFans.com, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless YourFans.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with YourFans.com server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of YourFans.com to the amount paid for service.

Disclaimer
YourFans.com will not be responsible for any damages your business may suffer. YourFans.com makes no warranties of any kind, expressed or implied for services we provide. YourFans.com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by YourFans.com and its employees. YourFans.com reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.

YourFans.com furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, YourFans.com wishes to emphasize that in accepting services, customers indemnify YourFans.com for the violation of any law or YourFans.com policy, that results in loss to YourFans.com or the bringing of any claim against YourFans.com. This means that if YourFans.com is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against YourFans.com, plus costs and reasonable attorneys' fees.

If any terms or conditions are not followed, it will result in grounds for immediate account deactivation.

Legal Disclaimer - Information
We must abide by the laws of Ashley, Indiana, United States of America, Earth.

ANY legal actions such as lawsuits are to be filed and held fully at the DeKalb County Courthouse in Auburn, Indiana, United States of America, Earth.

In the situation of a Federal lawsuit, such is to be filed and held fully at the Federal Courthouse in Fort Wayne, Indiana, United States of America, Earth.

One exception is where one of our primary providers will provide for our defense or request that trial be held in their respective jurisdiction, then ONLY with our approval. If a lawsuit is filed on us by one of our providers concerning their use of our service(s), trial will, unless otherwise approved, be filed and held fully in Auburn or Fort Wayne as mentioned above. Approval will be considered on a case-by-case basis. Because we use a provider's service and may agree to THEIR Terms of Service of jurisdiction does not mean that lawsuits presented to US concerning THEIR use of OUR service(s) will be held to THEIR Terms of Service. It will be held to OUR Terms of Service.

The other exception is when lawsuit is filed against YourFans.com, YourFans.com may request that such lawsuit be held, fully or in part, in the local jurisdiction of any YourFans.com division. This includes New York City, New York, United States of America, Earth.

If any part of this web site (domain) and/or these Terms of Service are found to be illegal and/or unenforceable, it shall be changed in such a way as to reflect its original purpose, and/or to be made enforceable, or if purpose can not be found; to be removed altogether, without affecting any other part of this web site (domain) or Terms of Service.

Force Majeure
YourFans.com is not liable to client by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of nature, war, governmental action, labor conditions, earthquakes, interruptions in telecommunications services or Internet access.

Changes to these Terms of Service YourFans.com reserves the right to change, modify, add and/or remove portions of our Terms of Service at any time without notice.