ACCEPTABLE USE POLICY

By opening an account with Elirion, you agree to abide by our current and future acceptable use policies (AUP). This is an implicit contract, and can be terminated by either party at any time without cause.

Our AUP requires you to use the services we provide for legal and ethical purposes only. We are the sole arbiters of what is ethical. We do not consider the following to be ethical:

• distribution of pornographic material
• e-mail spamming
• link spamming
• log spamming

You should consult your legal counsel before posting material that you do not have a clear right to disseminate under copyright law, or which may be considered libelous or slanderous, or which incites others to commit breaches of civil or criminal law.

Attempting unauthorized access to accounts on our, or other, computers will result in account termination and possible civil and criminal prosecution.

TERMS OF SERVICE

1. Acceptable Use

The use of our services is subject to an acceptable use policy (AUP). Failure to abide by the AUP can result in account termination and possible civil or criminal prosecution.

2. Privacy Policy

Please see our privacy policy for details of how we handle personal information.

3. Billing

Most products are billed monthly in advance, approximately on the anniversary of sign-up, except when the customer has selected quarterly or annual billing.

A few products, including wholesale dial-up, are billed on a calendar month basis.

We reserve the right to charge late payment fees on any overdue balance.

We reserve the right to charge a penalty fee on any returned check.

4. Refunds

For merchandise subject to a one-time sale, all sales are final.

For services, on service termination we may refund a pro-rated portion of advance payments provided we did not terminate service due to violations of the acceptable use policy or other abuse. This does not apply to products such as domain registrations and SSL certificates as these are not services. (These products can generally be transferred to another provider except in the case of account termination for criminal or abusive activities.) We do not pro-rate advance payments when less than a month of service remains.

We do not refund setup fees.

We do not give refunds in any other cases.

5. Account Cancellation

Accounts for recurring services automatically renew unless explicitly terminated by the customer or by Elirion, Inc.. To cancel an account you must contact the main office and provide proof of your identity. Failure to cancel an account will result in your account being billed for services, whether you use them or not.

We reserve the right to cancel or suspend abandonned accounts.

6. Taxes

We collect tax on products and services in the following states:

• Connecticut

You are responsible for paying applicable taxes in all other jurisdictions. (Some internet related products are exempt from taxes at a Federal or state level in the USA.)

7. Warranties

Elirion, Inc. makes no warranty, expressed or implied, that its products and services are fit for any purpose.

For merchandise subject to a one-time sale, the manufacturer's warranty applies.

8. Limitation of Liability

Our liability is limited to the total amount the customer has paid for any service or product.

9. Network Protection

We reserve the right to take any and all necessary action to protect our customers and the Internet in general, including but not limited to:

• Refuse to accept or deliver any e-mail which we consider to be spam, infected by a virus or other malware, or fraudulent.
• Refuse to accept or deliver any e-mail from a computer which has been the source of spam, malware, or fraudulent activity.
• Refuse to accept connections from any computer which has been the source of spam, malware, or other unacceptable activity.
• Disable or remove parts of web sites which have been the subject of a copyright dispute, have been used to send spam, propagate malware, etc., or which are imposing excessive load on a server.
• Forcing outgoing e-mail to pass through only designated servers.

10. Applicable Law

This agreement shall be governed by and construed in accordance with the laws of the State of Connecticut. Each party consents to the exclusive jurisdiction of the courts of the State of Connecticut and the federal courts situated in the State of Connecticut in connection with any action arising under this agreement.

11. Arbitration

Upon your request, we will submit to mediation and/or arbitration by the Better Business Bureau, disputes arising out of this contract. Claims that may be arbitrated shall not exceed the cost of the product and/or service involved in the contract, plus the cost of property damage caused by the provision of the service. We will not arbitrate disputes alleging criminal violation, product liability, loss of wages, mental anguish, punitive damages, or personal injuries. For more information about mediation/arbitration, call the Better Business Bureau: (203) 269-2700 ext. 106.

12. Disclaimers

Our hosting a site should not be considered an endorsement of the site or the account holder by Elirion, Inc.

We reserve the right to recover damages for any unusual expenses we may incur as a result of your activities, including systems administration and loss of goodwill, even if those activities are prohibited by the AUP.

Elirion, Inc. has no control over the services delivered by its business partners, and cannot be held responsible for failure on the part of those partners to deliver advertised services.