Terms of Service
11/14/2003 Revised 03/23/2004(1), 04/26/2004(2), 06/01/2004(3), 07/28/2006 (Name changes only), 08/31/2006 (Name changes only)

I. ENFORCEMENT AND AGREEMENT PROVISIONS
1. Uomo|Donna Network Solutions, U.S. (Operated by: Fw Web Solutions, LLC) (3)("The Company") agrees to furnish services to "the Subscriber," also refered to as "the Customer" subject to the following TOS (Terms of Service).

2. Use of the The Company Hosting service constitutes acceptance and agreement to The Company AUP as well as The Company TOS (Terms of Service).

3. A waiver by the company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

4. All provisions of this contract are subject to the TOS (Terms of Service) of The Company , and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

5. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

6. This agreement shall be construed in all respects in accordance with the laws of the state of Missouri, county of St. Louis applicable to contracts enforceable in that state. Venue will be St. Louis county, Missouri.

II. PRIVACY
1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition The Company shall have the right to terminate all service set forth in this Agreement.

III. INDEMNIFICATION
1. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

2. The Company is not responsible for any damages your business may suffer. The Company does not make implied or written warranties for any of our services. The Company denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by The Company .

IV. PROHIBITED SUBSCRIBER CONTENT
1. Adult hosting and hate sites are prohibited, no warez no child pornography!

2. Web proxies, including but not limited to, NPH-Proxy, and web Proxy. If your site is found with any proxy files, your account will be suspended, with a 50$ fee.

V. SUBSCRIBER CONTENT AND RESOURCE USAGE
1. The Company takes no responsibility for any material input by others and not posted to the The Company Network by The Company . The Company is not responsible for the content of any other websites linked to the The Company; links are provided as Internet navigation tools only. The Company disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

2. You, as a The Company customer, are solely responsible for the content stored on and served by your The Company server. You are responsible for the backup of your own data.

3. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form. The Company will monitor Customer's bandwidth and disk usage. The Company shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in The Company sole and absolute discretion. If The Company takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, The Company may, at its sole discretion, collect a deposit, in an amount determined by The Company , against customer's credit card on file with The Company .

4. Resource Usage: Accounts are limited to resouce usage with regard to CPU, Memory, and MySQL in addition to Bandwidth and Disk usage. Unfortunately, unlike Bandwidth and Disk usage, values for this are difficult to define. For this reason any script or account causing excessive resouce usage and severely reducing server speed will be disabled. The Company will monitor resource usage and attempt to inform customers whose account is causing excessive server load prior to disabling the account.

5. Suspension of Service or Cancellation: The Company reserves the right to suspend network access to any customer if in the judgment of the The Company network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which The Company chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended. If at any given time a domain is using more then 10% CPU memory, the client will be asked to (1)upgrade their service. This will benefit everyone as we like to maintain server performance to a maximum. If the client chooses not to upgrade, 50% of the money is refundable to cover expenses for creating account and removing it.

VI. PAYMENTS AND FEE'S
1. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $5.00USD reconnect charge (individual hosting accounts). Accounts that are not collectable by The Company may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50.00USD nor more than $150.00USD. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

2. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

3. Account Cancellation: All requests for canceling accounts must be made within at least 30 days notice. Notice must be sent to sales@The Company .com. You must have all account information to cancel.

VII. SPAM and Unsolicited Commercial E-mail (UCE)
1. The Company takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of The Company may not use or permit others to use our network to transact in UCE. Customers of The Company may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

2. Violation of The Company SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, The Company will initiate an immediate investigation (within 48 hours of notification). During the investigation, The Company may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, The Company may, at its sole discretion, restrict, suspend or terminate customer's account. Further, The Company reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. The Company will notify law enforcement officials if the violation is believed to be a criminal offense.

3. First violations of this policy will result in an "Administrative Fee" of $20 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $50 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $50 per hour that The Company personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

4. (2)Additionally, if your actions have caused The Company mail servers or The Company IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $500 charge to your account and $250 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.(2)

VIII. IP Address Ownership
1. If The Company assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to The Company , and Customer shall have no right to use that Internet Protocol address except as permitted by The Company in its sole discretion in connection with the Services, during the term of this Agreement. The Company shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by The Company , and The Company reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

IX. System and Network Security
1. Users are prohibited from violating or attempting to violate the security of the The Company Network. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

a. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
d. Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting.
e. Taking any action in order to obtain services to which such User is not entitled.
f. Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations. Each hosting package purchased is unique to a domain name and use - please do not purchase multiple "plan 1's" for instance to get the combined bandwidth & space.
g. The Company will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for users if they ask us for the assistance.

X. Miscellaneous Provisions
1. You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

2. New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 business days. Due to unforeseen complications, however, this process may sometimes require up to 5 business days.

3. Domain Registration and NameServers: You may, at your election, choose to register your domain using another registrar. By doing so, you agree that it is your responsibility to update your nameserver entries. We will assist you as much as possible upon request, but this will be limited to providing direction. If you elect to register or transfer a domain using our system, you will be given an account login and password, which will allow you total control over your domain name. We will provide support for customers using our system.