Securefoundations.com, Inc., ("The Company", or "Secure Foundations") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Secure Foundations Service constitutes acceptance and agreement to Secure Foundations' AUP as well as Secure Foundations' TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Secure Foundations 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.

This Agreement shall be construed in all respects in accordance with the laws of the state of Pennsylvania, Montgomery County, applicable to contracts enforceable in that state. Venue will be Montgomery County, Pennsylvania.

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 legal, written request without further consent or notification to the Subscriber. In addition, Secure Foundations shall have the right to terminate all services set forth in this Agreement.

Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Checks returned for any reason are subject to a $30.00 returned item charge. Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 60 days past due. Service interrupted for nonpayment is subject to a $20.00 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectible by Secure Foundations 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 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

All payments to Secure Foundations are nonrefundable. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Secure Foundations' sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay The Company an "Administrative Fee" of not less than $50 and not more than $200.

Secure Foundations takes a zero tolerance approach to the sending of Unsolicited Bulk Email (UBE) or SPAM over our network. Very simply this means that customers of Secure Foundations may not use or permit others to use our network to transact in UBE. Customers of Secure Foundations may not host, or permit hosting of, sites or information that is advertised by UBE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service and possible legal action. In order to prevent unnecessary blacklisting due to SPAM we reserve the right to occasionally sample bulk email being sent from servers.

Violation of Secure Foundations' SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Secure Foundations will initiate an immediate investigation (within 24 hours of notification). During the investigation, Secure Foundations may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Secure Foundations may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Secure Foundations reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Secure Foundations will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of $300 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $600 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 $175 per hour that Secure Foundations personnel must spend to investigate the matter.

Secure Foundations is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation: Any User, which Secure Foundations determines to have violated any element of this Acceptable Use Policy shall receive an email, warning them of the violation. The service may be subject at Secure Foundations' discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second Violation: Users that Secure Foundations determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Secure Foundations reserves the right to suspend network access to any customer if in the judgment of the Secure Foundations 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 Secure Foundations 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.

Secure Foundations reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Secure Foundations must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Secure Foundations wishes to emphasize that in agreeing to the Secure Foundations AUP and Terms of Service (TOS), customer indemnifies Secure Foundations for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to Secure Foundations or the bringing of any claim against Secure Foundations by any third-party. This means that if Secure Foundations is sued because of a Customer's or a customer of a Customer's activity, the Customer will pay any damages awarded against Secure Foundations, plus all costs and attorney's fees.

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.

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.

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.

Secure Foundations takes no responsibility for any material input by others and not posted to the Secure Foundations Network by Secure Foundations. Secure Foundations is not responsible for the content of any other websites linked to the Secure Foundations Network; links are provided as Internet navigation tools only. Secure Foundations 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.

Secure Foundations is not responsible for any damages your business may suffer. Secure Foundations does not make implied or written warranties for any of our services. Secure Foundations 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 Secure Foundations. 

It is absolutely forbidden to host pornographic content on any of our Server Accounts. Any Accounts found hosting this material will be subject to immediate cancellation without refund.

You, as Secure Foundations customer, are solely responsible for the content stored on and served by your Secure Foundations serve or hosting accountr.

IP Address Ownership: If Secure Foundations assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Secure Foundations, and Customer shall have no right to use that Internet Protocol address except as permitted by Secure Foundations in its sole discretion in connection with the Services, during the term of this Agreement. Secure Foundations shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Secure Foundations, and Secure Foundations 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.

Bandwidth and Disk Usage: Customer agrees that disk & bandwidth usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Secure Foundations will monitor Customer's disk & bandwidth usage. Secure Foundations shall have the right to take corrective action if Customer's disk and/or banswidthusage 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 Secure Foundations' sole and absolute discretion. If Secure Foundations 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 addition, Secure Foundations reserves the right to restrict or terminate service to Customers who engage in the uploading or downloading of illegal material, including but not limited to: software or other files without the legal licenses, child pornography, or materials which advocate the harm of another person or group. Any such violations will immediately be sent to law enforcement, and all services will be suspended or terminated. All applicable fees would still apply.

Unless specifically agreed upon in writing, all public download sites with high demand including without limit: legal music or movie downloads, anime, etc., using Secure Foundations' servers will be subject to monitoring. Should Secure Foundationsbandwidth be heavily burdened due to excessive use, taken in Secure Foundations sole and absolute discretion, service may be restricted or terminated.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the Secure Foundations Network. Violations of system or network security may result in civil or criminal liability. Secure Foundations 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:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Taking any action in order to obtain services to which such User is not entitled.

We reserve the right to refuse or terminate service to anyone at any time for any reason.