4.  Provider reserves the right, in its sole discretion, to deactivate the Client's account(s) upon an indication of credit problems including delinquent payments. To preclude from any delinquent problems we offer our automated billing process from your credit card or checking account. This service is not required, but for all websites hosted by Provider, an additional monthly $5.00 administrative fee will be accessed for those accounts not automated.
Effective 31 OCTOBER 2000.

5.  Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use the services for any reason.

6.  While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, Provider is not held responsible for Client's files residing on Provider in the event of an Internet catastrophe. Client is solely responsible for independent backup of data stored on Provider. However, Daily Backups are completed between our servers to prevent loss of data. SEE 99% Uptime -- Guarantee

7. Here are WebsiteGenie Web Site guidelines:

CLIENT AGREES TO THE FOLLOWING:
When making your own adjustments to your website, Do Not use your Website for any of the following:

• Providing material that is grossly offensive to the public including blatant expressions of bigotry, racism, hatred, or profanity
• Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual
• Displaying material containing nudity or pornographic material of any kind
• Displaying material that exploits anyone under 18 years of age
• Developing restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page)
• Using your page (or directory) as storage for remote loading or as a door or sign post to another server
• Using your page for acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
• Promoting any spree.com competitor through links, banners, or any other electronic means.
• Violating Internet standards for the purpose of promoting your Web site
• Developing pages that consist of hyperlinks to sites that include content that conflicts with these guidelines.

• Provider is not responsible for the content of any Client's Web Site, and the opinions and view expressed in the clients Web Sites do not necessarily reflect those of WebsiteGenie, R2Group LLC and Associaes.
• Provider reserves the right to delete any Client Web Site that violates these content guidelines or is otherwise in violation of the law.
• Clients agree to indemnify and hold harmless WebsiteGenie and R2Group LLC for any loss, liability, claims, damage, and expenses (including reasonable attorney fees) arising from or in connection with the contents of the Client Web Site.
• WebsiteGenie utilizes one or more third parties to serve advertising and registration of the clients Webite (“AddWeb & WebPosition”). In agreeing to these Terms & Conditions you are also agreeing to The AddWeb & WebPosition privacy policies.
• In the event that Provider receives a complaint that the content of a personal home page infringes intellectual property rights or otherwise is unlawful, Provider shall request written substantiation of the complaint from the complaining party, and will take such steps that it believes to be appropriate under the circumstances, including, for example:
    1.  Suspend the site immediately until the dispute is resolved
    2.  Provide the Client with contact information for the complaining party
    3.  Instruct the Client to contact the complaining party to resolve the dispute
    4.  Inform the complaining party of our actions and ask them to work directly with the Client
    5.  Take the following action based on the progress of the dispute:
  
  • If the Client has not pursued resolution within 14 days of notification, the site is deleted
  • If complaining party has not pursued resolution within 14 days of Client's response, the site is reactivated
  • If legal action is pending or the dispute is not settled, the site may remain suspended until resolution is reached and WebsiteGenie & our hosting provider R2Group LLC is notified by both parties as to the outcome
  • If a resolution is reached between the parties, site is reactivated with any mutually agreed upon modifications
• WebsiteGenie.Net reserves the following rights:
  
  1. To release current or past Client information in the event Provider believes that accounts are in violation of the terms of service or content guidelines, used to commit unlawful acts, if the information is subpoenaed, or when Provider deems it necessary and/or appropriate
     
  2. To deny membership to repeat offenders of these guidelines or terms of service
     
  3. To amend or change these guidelines at any time and without notice
     
  4. To use images of homesteader pages for promotional and other commercial purposes
     
  5. To change, add to, or remove banners and other forms of advertisements on member sites
     
  6. WebsiteGenie.Net is not responsible for the delivery of any goods or services sold or advertised through its sponsors and advertisers.
     
  7. To refuse service to any Client Web Sites, with or without notice at any time for any reason including but not limited to...
     1. Client Websites in which the Client’s e-mail or Client’s mailing address is incomplete or fraudulent.
     2. Client Websites that occupy more than 1MB of storage space will be charged a minimum of $14.95 per month for use of Providers Servers.

8.  Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.

9. In the event it is necessary to refer any dispute to an attorney or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable legal fees and all costs associated with any legal action, whether or not a suit shall actually be filed.

10. Provider maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

11. All sales are final. Should you choose to cancel your account at any time within your billing period, clients account will be pro-rated to cover the portion of the month used. Client will allow Provider a minimum of 3 business days to remove them from our servers. Accounts being deactivated prior to the 15th of the month will be accessed an additional $25.00 to cover the deactivation and administrative costs.