Milehihost Terms of Service and
Acceptable Use Policy

Effective February 20, 2000

1. Agreement. This is an agreement between you and Milehihost, a Colorado Corporation, d/b/a Milehihost regarding your use of Milehihost's computer, interactive information, communication and transaction service allowing access to the Internet, bulletin boards, private networks and other communications services (the "Milehihost Service"). This agreement governs the terms and conditions under which Milehihost makes the Milehihost Service available to individual consumers through a personal computer or similar access device and a communications connection (such as modem, telephone line, or other telecommunications connection), or to individual consumers or small businesses in connection with the "Milehihost Host" Web hosting or similar service. Under this agreement, you must comply with Milehihost's then-current "Acceptable Use Policy," as updated from time to time by Milehihost, which can be viewed at "http://support.milehihost.com/" which is incorporated in this agreement by reference. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY CLICKING ON THE BUTTON MARKED "I ACCEPT" BELOW, AND BY ENTERING YOUR SUBSCRIBER INFORMATION, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND Milehihost'S ACCEPTABLE USE POLICY. IF YOU DO NOT AGREE, CLICK ON THE BUTTON MARKED "I DISAGREE," AND YOU WILL NOT BE SIGNED UP TO USE THE Milehihost SERVICE.

2. Amendment. Milehihost may modify this agreement or the Acceptable Use Policy at any time in its sole discretion. Any modification is effective immediately upon either a posting on the Milehihost Home Page, currently located at URL: "http://www.Milehihost.net/support/tos.htm" , or by a message from Milehihost sent by electronic mail, or by conventional mail. If any modification to this agreement is unacceptable to you, you may immediately terminate your subscription as provided in Section 19 below. However, if you do not terminate your registration, or continue to use the Milehihost Service, following notice of any modification to this agreement, your continued use will mean that you have accepted that modification.

3. Use of the Service. Under the terms of this agreement, you may only use the Milehihost Service through the number of communication channels and for which you have purchased service. You may not connect to the Milehihost Service through more than one telecommunications connection at any given time.

4. Disclaimer. The Milehihost Service is provided on an AS IS, AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Milehihost EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE Milehihost SERVICE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Milehihost, ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this agreement.

5. Information and Products. You acknowledge that except for information products or services clearly identified as being supplied by Milehihost, neither Milehihost nor any of its suppliers, licensor, or affiliates ("Affiliates") operates or controls any information, products or services accessible through the Milehihost Service in any way and that, except for such Milehihost identified information, services or products, all merchandise, information and services offered or made available or accessible through the Milehihost Service are offered or made available or accessible by third parties who are not affiliated with Milehihost or its Affiliates. YOU ACKNOWLEDGE THAT USE OF THE Milehihost SERVICE IS AT YOUR SOLE RISK AND YOU AGREE THAT ANY INFORMATION, SERVICE OR PRODUCT ACCESSIBLE THROUGH THE SERVICE IS WITHOUT WARRANTIES OF ANY KIND BY Milehihost AND ITS AFFILIATES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The terms of this Section will survive any termination of this agreement.

6. Commerce on the Web. Through your uses of the Milehihost Service, you may have opportunities to order and purchase merchandise or services from other subscribers to the Milehihost service and users of other communications outlets such as the Internet. You further acknowledge that all transactions relating to merchandise or services offered by you through the Milehihost service, including but not limited to the purchase terms, payment terms, warrantees, guarantees, maintenance and delivery terms for such transactions are agreed to solely between you and third party purchasers. Milehihost and its affiliates make no warranties or representations whatsoever with respect to your goods and services, or with respect to the qualifications of any third party purchaser.

7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL Milehihost, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE Milehihost SERVICE, including but not limited to reliance on any information obtained on the Milehihost Service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Milehihost's records, programs or services. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT Milehihost IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM Milehihost OR ITS AFFILIATES. The terms of this Section will survive any termination of this agreement.

8. Charges. You are responsible for all charges (for example, telephone, dial-up or ADSL or ISDN charges) associated with connecting to the Milehihost Service through an available access number. You are responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Milehihost Service. You are responsible for determining whether the access number you use to connect to the Milehihost Service will obligate you to pay telephone use charges to your telephone company, (whether or not that number is provided by Milehihost or is obtained through a software utility provided by Milehihost for that purpose) Milehihost encourages you to contact your local telephone company to confirm that the call you are making is not a toll-charge. You are responsible for all activities and charges resulting from use of your principal account on the Milehihost Service. You agree to pay Milehihost the then-current monthly charges for the Milehihost Service, along with any connect time charges, surcharges, applicable taxes and other charges incurred by you or other users of your account via valid credit or other agreed upon method of payment. You may find information regarding current rates for using the Milehihost Service by calling (517) 249-6500, or by viewing Milehihost's home page at http://home.Milehihost.net under the section designating the service you have chosen. The Acceptable Use Policy may contain additional charges for particular services. Customer agrees that Milehihost may pre-charge Customer's monthly service fee to the credit card supplied by customer during registration. If Milehihost does not receive the full amount of Customer's Milehihost Service account balance within 30 days of the invoice date or billing date, the lesser of an additional 1.5%, or the highest percentage allowed by law, of the outstanding balance may be added to your bill as a late charge each month and will be due and payable immediately. The specific service you have chosen may offer you the choice of additional payment terms, including without limitation pre-payment terms. Milehihost reserves the right to increase fees, surcharges, monthly subscription fees or to institute new fees at any time upon 30 days prior notice. Milehihost may reduce any fees at any time without notice. In the event that your account is terminated or canceled, on-line time credited to your account is not convertible to cash or other form of credit.

9. Personal Information. You hereby certify to Milehihost that you are not a minor. (A minor's parent or legal guardian may authorize a minor to use his/her account(s) under supervision by the parent or guardian). For purposes of identification, billing and marketing, you must provide Milehihost with accurate, complete, and updated information required by the registration to the Milehihost Service ("Member Registration Data"), including your legal name, address, telephone number(s), and applicable payment data (for example, a credit card number and expiration date). You must notify Milehihost within 30 days of any changes in your Member Registration Data. Milehihost may require a copy of a state issued form of identification before making changes to the billing information or registration data on a Customer's account.

10. Accounts and Passwords. This agreement applies to all accounts, sub-accounts, alternative account names associated with your principal account. You are responsible for the use of each of your accounts, whether used under any name or by any person, and for ensuring full compliance with this agreement by all users of that account. A Milehihost Service account may not be transferred without prior written approval from Milehihost. You are responsible for maintaining the confidentiality of your passwords. In the event of a breach of security through your account, you will be liable for any unauthorized use of the Milehihost Service until you notify Milehihost customer service at (517) 249-6500.

11. OFFENSIVE MATERIAL. YOU UNDERSTAND THAT INFORMATION AVAILABLE TO YOU THROUGH THE Milehihost SERVICE MAY INCLUDE MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT OR OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. Milehihost AND ITS AFFILIATES HEREBY DISCLAIM ANY RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS.

12. Dial-Up Access. You hereby acknowledge that Milehihost may terminate any dial-up connection following 30 minutes of inactivity as determined by Milehihost. Milehihost reserves the right to limit, restrict or prioritize access to system resources, including CPU time, memory and disk space.

13. At-Will Termination. This agreement will become effective on the date Milehihost receives your first payment, and will remain in effect billing-month-to-billing-month unless terminated by either party pursuant to this agreement. You may terminate the agreement and your subscription at any time for any reason or no reason. Milehihost may immediately restrict, suspend or terminate without notice, your access to and use of the Milehihost Service upon any breach of this agreement, include the then-current Acceptable Use Policy. Milehihost may also terminate the agreement at any time for any reason or no reason, upon 10 days' prior notice. In the event of any termination for breach of this agreement, you may not establish a new subscription with Milehihost for one year from the date of termination. Upon and after termination, Milehihost will not be obligated to provide you with access to any stored e-mail or content related to your account. Your only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of Milehihost in operating the Milehihost Service, any change in the content of the Milehihost Service, or any change in the amount or type of fees charged in connection with the Milehihost Service, is to terminate this agreement by delivering notice to Milehihost, effective the day Milehihost receives notification of termination.

14. IP Addresses. If Milehihost assigns you an Internet Protocol address for your use of the Milehihost Service, the right to use that Internet Protocol address will belong only to Milehihost, and you will have no right to use that Internet Protocol address except as allowed by Milehihost in its sole discretion in connection with the plan you have selected, during the term of this agreement.

15. Electronic Mail. Milehihost may, but is not obligated to, block any incoming or outgoing e-mail message that Milehihost determines, in its sole discretion, is unsolicited or otherwise violates the then-current Acceptable Use Policy. Milehihost shall not be responsible for lost, misdirected or undeliverable e-mail

16. Indemnity. Upon request of Milehihost, you shall defend, indemnify and hold harmless Milehihost, its officers, directors, employees, agents and licensees, from any claims, losses, damages, expenses, and fees including without limitation reasonable attorneys fees, arising out of or relating to your use of the Milehihost Service, including without limitation any violation by you of Milehihost's Acceptable Use Policy. The terms of this Section will survive any termination of this agreement.

17. Entire Agreement. This agreement constitutes the entire agreement between you and Milehihost with respect to the Milehihost Service and supersedes all prior agreements between you and Milehihost. Milehihost's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.

18. Assignment and Resale. You may not resell the Milehihost Service to any other party. You may not assign this agreement or any of its rights or obligations without the prior written consent of Milehihost, and any such attempted assignment will be void. Subject to the above, this agreement will be binding upon the parties' respective successors and permitted assigns.

19. Notices. Any notices in connection with this agreement must be sent to each party as follows: if to Milehihost: eNetwork Marketing Inc., a Colorado Corporation, d/b/a Milehihost POBox 350754 Northglen, CO 80035-0754 sales@Milehihost.net; if to you: either the e-mail address for your account, or the address supplied by you as part of the Member Registration Data. Any notices or communication under this agreement will be deemed delivered to the party receiving such communication on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile or (5) on the delivery date if transmitted by confirmed e-mail.

20. Force Majeure. Milehihost will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.

21. General Terms. Interpretation and enforcement of this agreement will be governed by the laws of the state of Colorado (excluding its choice of law rules). You hereby consent to personal jurisdiction in the federal and state courts of Jefferson County, Colorado for any action arising out of or relating to your use of the Milehihost Service. The federal and state courts of Jefferson County, Colorado will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this agreement.

Copyright © 2000 eNetwork Marketing, Inc.   All Rights Reserved.
Terms of Service | Acceptable Use Policy | Privacy Policy information