SliverNet LLC User Agreement

PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE “ORDER NOW” BUTTON ON THE ORDER FORM REFERENCED HEREIN, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING SLIVERNET’S PRIVACY POLICY & ACCEPTABLE USAGE POLICY. YOUR USE OF THE SERVICES ALSO CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

  1. Introduction
    This User Agreement (”Agreement”) is an agreement between SliverNet, LLC. (SliverNet) an Oregon Limited Liability Company, and the party set forth in the related order form (Customer) incorporated herein by reference (together with any subsequent order forms submitted by Customer, the “Order Form”), and applies to the purchase of all services (collectively, the “Services”) ordered by Customer on the Order Form or through any other channels SliverNet provides to order and upgrade service. Such party is referred to in this Agreement as “Customer” or “you”. SliverNet reserves the right to reject this Agreement for any reason or no reason, prior to acceptance thereof by SliverNet. Activation of the Services shall indicate SliverNet’s acceptance of this Agreement. Subject to the terms and conditions of this Agreement, SliverNet will provide to Customer the Services selected by Customer set forth on the Order Form. SliverNet reserves the right to refuse service to anyone.
  2. Amendment of Agreement.
    SliverNet may amend or otherwise modify this Agreement. Customer agrees that SliverNet’s posting of any amendments or modifications to this website (http://www.slivernet.com/legal_useragreement.php) shall constitute adequate notice to Customer and that Customer shall periodically consult this web page for any changes or amendments to this Agreement. SliverNet may, but is under no obligation to, provide additional notice of any amendment, modification or update of this Agreement via e-mail to Customer. If any material modification to this Agreement is unacceptable to Customer it shall be Customer’s responsibility to terminate their subscription as provided in Section 3 of this Agreement. If Customer does not terminate the Agreement within 10 days of the material modification then Customer’s continued use will mean that Customer has accepted the amended or modified Agreement.
  3. Duration of Agreement and Cancellation Policy.
    1. 3.1 - The Initial Term shall begin upon confirmation of Customer’s order or commencement of the Services to Customer and the Term’s length shall be indicated in the Order Form. After the Initial Term, this Agreement shall automatically renew for successive terms, equal in length to the Initial Term, unless terminated or canceled by either party as provided herein. During the Term, and other as specified herein, this agreement cannot be terminated by customer for any reason.
    2. 3.2 - This Agreement may be terminated by either party at the renewal/anniversary date by giving the other party written notice at least 30 days prior to the renewal/anniversary date of the Term, or by SliverNet in the event of nonpayment by Customer or by SliverNet, at any time, without notice, if in SliverNet’s judgment Customer has in any way breached this Agreement.
    3. 3.3 - If SliverNet cancels this Agreement pursuant to any of the terms outlined in this agreement SliverNet shall not refund to Customer any fees paid or prepaid in advance of such cancellation and Customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. Prepaid hosting fees are not refundable, if SliverNet terminates this agreement for cause. SliverNet shall also have the right to charge Customer a US$150.00 Breach-Of-Contract fee per hosted domain, package and account. This fee is specifically agreed on by Customer and SliverNet.
    4. 3.4 - If prior to the end of the agreed on Term, Customer cancels the Services for any reason, or SliverNet terminates the Agreement due to Customer’s breach of the SliverNet User Agreement or Acceptable Usage Policy, Customer will be charged a US$150.00 Breach-Of-Contract fee per domain package and per hosting account separately. Client also forfeits any prepaid service fees. At no time shall customer receive a refund of any prepaid service fees.
    5. 3.5 - All sales are final! Except for a cancellation within the first 30 days after of the service (Limited Money-Back Guarantee) there is no “Cooling-Off Period” and Customer can not cancel this Agreement, other than provided in 3.2, prior to the end of the Term as provided herein in for any reason. If Customer cancels this Agreement before the end of the term customer shall receive no refund for any prepaid hosting fees and any such fees shall be forfeited. In the event that Customer cancels within 15 days of ordering the service by emailing billing@slivernet.com SliverNet will refund the prepaid hosting fees only to Customer. Setup fees, fees for additional services as well as fees paid for domain name registration are always non-refundable. Customer acknowledges and agrees that emailing billing@slivernet.com is the ONLY WAY TO EFFECTIVELY CANCEL a web hosting account with SliverNet and meet potential deadlines to trigger SliverNet’s limited Money-Back Guarantee or to avoid automatic renewal.
  4. Billing and Payment.
    1. 4.1 - All fees for web hosting or other Services are due in advance and shall be in accordance with SliverNet’s fee schedule, which is incorporated herein by reference and may be amended from time to time. In the event that customer elects to pay with a credit card Customer authorizes SliverNet to charge all fees owed to such credit card at the time or up to 30 days before they become due. Customer agrees to pay a $25.00 (twenty-five dollars) late fee if customer’s account or accounts become more than ten (10) calendar days overdue or if Customer’s credit card is not accepted when a charge is processed. Fees for renewal periods after the Initial term shall become due 30 days before the first day of such renewal period. SliverNet may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance or a lesser amount where required by law for each month or portion thereof the overdue amount remains unpaid. In addition, in the event that any amount due SliverNet remains unpaid five (5) calendar days after such payment is due, SliverNet, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. Customer agrees that SliverNet may charge a $30.00 (thirty dollars) fee to reinstate accounts that have been terminated or suspended. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of SliverNet) shall be paid by Customer.
    2. 4.2 - Customer agrees that SliverNet may charge in advance all fees due for the Services provided to Customer under this agreement to the credit card supplied by Customer during registration or at any time thereafter and customer specifically agrees not to charge back any payments SliverNet processes through Customer’s credit card.
    3. 4.3 - Customer acknowledges and specifically agrees that chargebacks - which might occur if Customer disputes SliverNet charges directly with Customer’s credit card bank - are unlawful if SliverNet’s service has been rendered. If customer has a fee dispute with SliverNet he has to settle such dispute with SliverNet directly without initiating any chargeback procedures.
    4. 4.4 - Returned and refused checks will be assessed a $30.00 charge. Incoming wire transfers
      will incur a $25 charge.
    5. 4.5 - In the event of a default, Customer agrees to be responsible for all breach-off-contract
      fees, late fees, collection fees and expenses as well as reasonable attorneys fees and expenses.
  5. Special Provisions Applicable to Resellers.
    1. 5.1 - SliverNet from time to time may offer reseller programs which will permit Customers to
      resell certain of SliverNet’s products and services. If Customer chooses to resell SliverNet
      services Customer shall remain a SliverNet customer for all purposes under this agreement.
    2. 5.2 - Customer agrees that if they resell SliverNet Services, the purchaser of those resold
      services will become Customer’s customer (a “Reseller Customer”). A Reseller Customer shall
      not become a Customer of SliverNet, and SliverNet will not be required to provide and
      technical or other support to any Reseller Customer. Reseller agrees to take all necessary
      measures to preclude SliverNet from being made a party to any agreement with any Reseller
      Customer. Customer agrees and acknowledges that if they become a Reseller they will be
      authorized to resell SliverNet provided Services on a non-exclusive basis only. Customer’s
      right to resell SliverNet services shall in no way preclude SliverNet from marketing and
      selling SliverNet’s own products and services through its own employees, affiliates, other
      resellers or any other third party. SliverNet expressly reserves the right to allow other
      third parties to resell SliverNet services on any terms SliverNet may chose including terms
      which may be more favorable to said third parties then they are to SliverNet Reseller
      Customers. Reseller acknowledges that the non-payment by any customer of Reseller shall in
      no way relieve Reseller of any duty in this agreement include the duty to timely pay all
      fees. Reseller shall be solely responsible for all sales, use, transfer, privilege, excise
      or other taxes and duties which are levied or imposed on SliverNet and Reseller under this
      Agreement and any and all transactions between Reseller and Reseller Customers. Reseller
      shall be solely responsible for compliance with any regulations governing the export of the
      Services (or any portion thereof).
    3. 5.3 - Reseller shall not resell the Services under SliverNet’s brand name accordingly nothing
      in this Agreement constitutes a license to Reseller to use or resell the Marks (as defined
      below).
  6. SliverNet as Reseller or Licensor.
    SliverNet is acting only as a reseller or licensor of the hardware, software and equipment
    used in connection with the products and/or Services that were or are manufactured or provided
    by a third party (”Non-SliverNet Product”). SliverNet shall not be responsible for any changes
    in the Services that cause the Non-SliverNet Product to become obsolete, require modification
    or alteration, or otherwise affect the performance of the Services. Any malfunction or
    manufacturer’s defects of Non-SliverNet Product either sold, licensed or provided by SliverNet
    to Customer or purchased directly by Customer used in connection with the Services will not
    be deemed a breach of SliverNet’s obligations under this Agreement. Any rights or remedies
    Customer may have regarding the ownership, licensing, performance or compliance of
    Non-SliverNet Product are limited to those rights extended to Customer by the manufacturer of
    such Non-SliverNet Product. Customer is entitled to use any Non-SliverNet Product supplied by
    SliverNet only in connection with Customer’s permitted use of the Services. Customer shall
    use its best efforts to protect and keep confidential all intellectual property provided by
    SliverNet to Customer through any Non-SliverNet Product and shall make no attempt to copy,
    alter, reverse engineer, or tamper with such intellectual property or to use it other than in
    connection with the Services. Customer shall not resell, transfer, export or re-export any
    Non-SliverNet Product, or any technical data derived therefrom, in violation of any applicable
    United States or foreign law.
  7. IP Address Ownership.
    During the course of providing Services to customer SliverNet may assign to Customer an
    Internet Protocol address. Customer agrees that it has no right to a particular IP address
    under this agreement and accordingly SliverNet shall retain ownership of any IP address or
    addresses used by Customer under this agreement and that SliverNet reserves the right to
    change or remove any and all such Internet Protocol numbers and addresses, in its sole and
    absolute discretion.
  8. Caching.
    Customer expressly grants to SliverNet a license to cache Customer’s Content including
    content supplied by third parties and hosted by SliverNet under this Agreement and Customer
    agrees to indemnify and hold harmless SliverNet for any infringement of any third party’s
    intellectual property rights thereby affected from said caching.
  9. No Unauthorized Scripts or Executables.
    Customer agrees not to run any scripts, executables or other programs or processes on
    SliverNet’s servers or other equipment that will in any way adversely affect the performance
    of said equipment.
  10. Bandwidth and Disk Usage.
    1. 10.1 - Customer agrees that SliverNet will monitor and meter Customer’s daily bandwidth and
      disk usage and in the event that Customer exceeds the bandwidth or disk usage allocated to
      each hosting package on any given day SliverNet may take corrective action which may, at
      SliverNet’s sole discretion, include the assessment of additional charges, disconnection or
      discontinuance of any and all Services, or termination of this Agreement. All bandwidth is
      measured daily and monthly bandwidth allowances are divided by the calendar days of a given
      month to determine the daily bandwidth allowance. Customer agrees that in the event of a
      dispute SliverNet’s monitoring reports shall be the final method of determination how much
      disk space and bandwidth was used and agrees to pay the excess usage charges when due.
      Customer’s logs files are counted against any disk usage.
    2. 10.2 - To avoid unfair resource distribution at no time shall Customer use more than 15
      simultaneous processes by and with any of Customer’s applications and not upload any file
      larger than 10 megabyte. All images in a Customer’s hosting account must be linked to from
      pages within the Customer’s hosting account. It is a violation of this agreement if Customer
      uses this account as merely an image, sound or file library. Binary files such as images,
      video and sound (i.e. MP3, WAV, RA, GIF, JPG but not limited to those file extensions) may
      only account for a maximum of 50% of Customer’s total bandwidth usage before customer must
      upgrade to a higher performance solution.
  11. Intellectual Property Rights.
    Customer acknowledges that SliverNet owns all trade names, trademarks, service marks,
    inventions, copyrights, trade secrets, patents, know-how and other intellectual property
    rights relating to the Services and their provision. Customer further acknowledges and agrees
    that nothing in this Agreement shall constitute a license to Customer to resell or trade
    under any of SliverNet’s intellectual property.
  12. Web Site, E-Commerce and Customer Warranties.
    1. 12.1 - Customer shall assume sole responsibility for (a) acquiring any authorization(s)
      necessary for hypertext links to third party web sites, (b) the accuracy of materials on
      Customer Web Site(s), including, without limitation, Customer Content, descriptive claims,
      warranties, guarantees, nature of business, and address where business is conducted, and
      (c) ensuring that the Client Content does not infringe or violate any right of any third party.
      Notwithstanding the foregoing, SliverNet reserves the right, in its sole discretion, to exclude
      or remove from the Web Site any hypertext links to third party web sites, any Customer Content
      on the Web Site, or other content not supplied by SliverNet which, in SliverNet’s sole
      reasonable discretion, may violate or infringe any law or third party rights or which otherwise
      exposes or potentially exposes SliverNet to civil or criminal liability or public ridicule,
      provided that such right shall not place an obligation on SliverNet to monitor or exert
      editorial control over the Web Site. SliverNet shall in no way be responsible for Customer’s
      conduct or actions including but not limited to Customer’s handling of third party information
      such as credit card numbers and any liabilities incurred by Customer including but not limited
      to tax liabilities for the conduct of Customer’s on-line business.
    2. 12.2 - Customer shall be solely responsible for the development, operation, backup, and
      maintenance of Customer’s web site and any online store and e-commerce activities. SliverNet
      is not required to keep backups of customer sites or data at any time.
  13. Disclaimer of Warranty.
    Customer agrees that its use of Services and its reliance upon information provided by SliverNet
    are entirely at Customer’s own risk. Customer acknowledges and agrees that SliverNet exercises
    no control over, and accepts no responsibility for, the content of data, scripts, or other
    information passing through SliverNet’s host computers, network hubs and points of presence or
    the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE
    BASIS. NEITHER SliverNet, ITS OWNERS, EMPLOYEES, AGENTS, OR AFFILIATES MAKES ANY WARRANTIES OF
    ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR
    FITNESS FOR A PARTICULAR PURPOSE, FOR THE SERVICES OR ANY EQUIPMENT PROVIDED IN CONJUNCTION
    THEREWITH. NEITHER SliverNet NOR ITS OWNERS, EMPLOYEES, AGENTS, OR AFFILIATES MAKES ANY
    WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY
    WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE
    ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR
    PROVIDED THROUGH THE SERVICES. SliverNet IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY,
    FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY
    OF CUSTOMER’S CUSTOMERS VIA THE SERVICES PROVIDED BY SliverNet. NO ORAL ADVICE OR WRITTEN
    INFORMATION GIVEN BY ANY SliverNet EMPLOYEE, OWNER, OR AGENT WILL CREATE A WARRANTY; NOR MAY
    CUSTOMER OR ANY OF CUSTOMER’S OWNERS, EMPLOYEES, OR AGENTS RELY ON ANY SUCH INFORMATION OR
    ADVICE. The terms of this section shall survive any termination of this Agreement.
  14. Indemnification.
    Customer agrees to indemnify, defend and hold harmless SliverNet and its parent, subsidiary
    and affiliated companies, and each of their respective officers, directors, employees,
    shareholders and agents (each an “indemnified party” and, collectively, “indemnified parties”)
    from and against any and all claims, damages, losses, liabilities, suits, actions, demands,
    proceedings (whether legal or administrative), and expenses (including, but not limited to,
    reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of
    the indemnified parties arising out of or relating to Customer’s use of the Services, any
    violation by Customer of this agreement, any breach of any representation, warranty or covenant
    of Customer contained in this Agreement or any acts or omissions of Customer. The terms of this
    section shall survive any termination of this Agreement.
  15. Limitation of Liability.
    1. 15.1 - Customer agrees neither SliverNet nor any of its employees, owners, or agents shall be
      held responsible or liable for situations where the Services are accessed by third parties
      through illegal or otherwise unauthorized means, including situations where such data is
      accessed through the exploitation of security gaps, weaknesses or flaws (whether known or
      unknown to SliverNet at the time) which may exist in the Services or SliverNet’s equipment
      used to provide the Services.
    2. 15.2 - Under no circumstances, including negligence, shall SliverNet or any of its employees,
      owners, or agents be liable for any indirect, incidental, special, consequential or punitive
      damages, or loss of profits, revenue, data or use by Customer, any of its customers, any
      Reseller Customer or any other third party, whether in an action in contract or tort or
      strict liability or other legal theory, even if SliverNet has been advised of the possibility
      of such damages. No SliverNet Person shall be liable to Customer, any of its customers, any
      Reseller Customer or any other third party, for any loss or damages that result or are alleged
      to have resulted from the use of or inability to use the Services, or that results from
      mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects,
      delays in operations, or transmission or any failure of performance, whether or not limited
      to acts of God, communications failure, theft, destruction or unauthorized access to
      SliverNet’s records, programs, equipment or services.
    3. 15.3 - Notwithstanding anything to the contrary in this Agreement, SliverNet’s maximum
      liability under this Agreement for all damages, losses, costs and causes of actions from any
      and all claims regardless of the legal theory or the nature of the cause of action shall not
      exceed the actual dollar amount paid by Customer for the Services which gave rise to such
      damages, losses and causes of actions during the twelve (12) month period prior to the date
      the cause of action arose or the injury or loss occurred.
    4. 15.4 - Customer understands, acknowledges and agrees that if SliverNet takes any corrective
      action under this Agreement because of an action of Customer or one its customers that
      corrective action may adversely affect other customers of Customer or other Reseller
      Customers, and Customer agrees that SliverNet shall have no liability to Customer, any of
      its customers or any Reseller Customer due to such corrective action by SliverNet.
    5. 15.5 - This limitation of liability reflects an informed and voluntary allocation of risks
      between the parties and applies to risks both know and unknown that may exist in connection
      with this Agreement. The terms of this section shall survive any termination of this Agreement.
  16. Prohibited Uses and Activities
    SliverNet may immediately take corrective action, including removal of all or a portion of
    the Customer’s content, disconnection or discontinuance of any Services if Customer, or
    anyone accessing Customer’s account or server space, engages in any of the prohibited Uses or
    Activities set forth in Section 16 of this agreement. Customer hereby agrees that SliverNet
    shall have no liability to Customer or any of Customer’s customers due to any corrective
    action that SliverNet may take (including, without limitation, disconnection of Services).

    1. A. Violations of Intellectual Property Rights
      Customer agrees that it shall not violate any intellectual property rights and that it shall
      not resell services to any party which violates intellectual property rights. Any violation
      of any individual or entity’s intellectual property rights including, rights of privacy and
      rights of publicity are prohibited. SliverNet is required by law to remove or block access to
      content appearing on or through the Services upon receipt of proper notice of copyright
      infringement (see “Copyright Infringement Notice Information” below).
    2. B. Spamming
      Customer agrees not to send spam or resell its services to anyone who sends spam. The term
      “spam” includes, but is not limited to, the sending of unsolicited bulk and/or commercial
      e-mail messages over the Internet or maintaining an open SMTP policy. In the event of a
      dispute SliverNet reserves the right to determine, in its sole and discretion, whether e-mail
      recipients were from an opt-in email list.
    3. C. Misrepresentation of Transmission Information
      Customer agrees not to forge, misrepresent, omit, or delete message headers, return mailing
      information and/or Internet protocol addresses to conceal or misidentify the origin of any
      message or to resell services to anyone who engages in said conduct.
    4. D. Viruses and Other Destructive Activities
      Use of the Services for creating or sending malicious, destructive or nuisance code, examples
      of which include but are not limited to, viruses, worms and Trojan horses, or for pinging,
      flooding or mail-bombing, or engaging in denial of service attacks is prohibited and is a
      breach of this agreement. Customer also agrees not to engage in any other activity that is
      intended to disrupt or interfere with, or that results in the disruption of or interference
      with, the ability of others to effectively use the Services (or any connected network, system,
      service or equipment).
    5. E. Malicious or Unauthorized Hacking
      Customer agrees not conduct or promote any “Hacking” activity and agrees that “Hacking” as
      herein defined includes but is not limited to, the following activities: illegally or without
      authorization, accessing computers, accounts or networks, penetrating or attempting to
      penetrate security measures, port scans, stealth scans, and other activities designed to
      assist in malicious or unauthorized hacking or cracking. Any such activity on the part of
      Customer is a material breach of this Agreement.
    6. F. Export Control Violations
      The exportation of encryption software outside of the United States and/or violations of
      United States law relating to the exportation of software is prohibited.
    7. G. Child Pornography
      The use of the Services to store, post, display, transmit, advertise or otherwise make
      available child pornography is prohibited. SliverNet will as required by law, notify law
      enforcement agencies when it becomes aware of the presence of child pornography on, or
      being transmitted through, the Services.
    8. H. Other Illegal Activities
      The use of the Services to engage in any activities that are determined by SliverNet, in
      its sole and absolute discretion, to be illegal or which in SliverNet’s opinion are likely
      to be found to be illegal is prohibited. Such illegal or potentially illegal activities
      include, but are not limited to, storing, posting, displaying, transmitting or otherwise
      making available ponzi or pyramid schemes, password and cracking information, fraudulently
      charging credit cards or displaying credit card information or other private information of
      third parties without their consent, and failure to comply with applicable on-line privacy
      laws. SliverNet will cooperate fully with appropriate law enforcement agencies in connection
      with any and all illegal activities occurring on or through the Services.
    9. I. Obscene, Defamatory, Abusive or Threatening Language
      Use of the Services to store, post, transmit, display or otherwise make available obscene,
      defamatory, harassing, abusive or threatening language is prohibited.
    10. J. Other Prohibited Activities
      Engaging in any activity that, in SliverNet’s sole and absolute discretion, disrupts,
      interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to)
      the Services, SliverNet’s business, operations, reputation, goodwill, customers and/or
      customer relations, or the ability of SliverNet’s customers to effectively use the Services
      is prohibited. Such prohibited activities include making available any program, product or
      service that is designed to or could be used to violate this Agreement. In addition, the
      failure by a Customer to cooperate with SliverNet in correcting or preventing violations of
      this Agreement by, or that result from the activity of, a customer of the Subscriber is a
      violation of this Agreement.
  17. Copyright Notice Infringement Information
    Pursuant to the Digital Millennium Copyright Act, SliverNet has adopted a policy that
    provides for termination of websites hosted by SliverNet that are found to infringe on
    copyrights of third parties. Customer expressly acknowledges that they are aware of this
    provision and Customer waives any claims it may have should it be injured by the enforcement
    of this provision. If a copyright holder believes that there has been a violation of their
    copyright on a website that is hosted by SliverNet and the copyright holder demands that
    SliverNet remove the website or disable the material in question, SliverNet will remove
    the website or disable the material if the copyright holder provides SliverNet with all of
    the following information:

    A signature of a person authorized to act on behalf of the owner of the exclusive right that
    is allegedly infringed.

    1. Identification of the copyrighted work that is claimed to have been or being infringed, or,
      in the case of claimed infringement of multiple copyrighted works, a representative list of
      such works.
    2. Identification of the material that is claimed to be infringing or is the subject of
      infringing activity and that should be removed or access to which should be disabled, with
      information reasonably sufficient to permit us to locate the material. Information reasonably
      sufficient to permit us to contact the person giving the notification, such as an address and
      telephone, and, if available, an electronic mail address at which such person may be
      contacted.
    3. A statement that the person giving the notification has a good faith belief that use of
      the material in the manner complained of is not authorized by the copyright owner, its
      agent, or the law.
    4. A statement that the information in the notification is accurate, and under penalty of
      perjury, that the person giving the notification is authorized to act on behalf of the owner
      of the exclusive right that is allegedly infringed.
  18. Disclosure of Customer Information and Legal Process
    Although SliverNet will ordinarily maintain strict Customer confidentiality there are
    certain exceptions where SliverNet may disclose any information in its possession, including,
    without limitation, information about Subscribers, Internet transmissions and website
    activity in order to comply with a court order, subpoena, summons, discovery request,
    warrant, statute, regulation or official governmental request, to protect SliverNet or
    others from harm, and/or to ensure the proper operation of the Services. SliverNet has no
    obligation to notify any person, including the Subscriber about whom information is sought,
    that SliverNet has provided the information. Customer acknowledges the above exceptions and
    agrees to them without reservation.
  19. Force Majeure.
    SliverNet shall not be liable for failure or delay in performing its obligations hereunder if
    such failure or delay is due to circumstances beyond its reasonable control, including,
    without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire,
    flood, strike or other labor disturbance, interruption of or delay in transportation,
    unavailability of, interruption or delay in telecommunications or third party services
    (including DNS propagation), failure of third party software or hardware or inability to
    obtain raw materials, supplies or power used in or equipment needed for provision of the
    Services.
  20. Governing Law; Jurisdiction; Arbitration.
    This Agreement shall be governed in all respects by Oregon law without regard to the
    conflict of law provisions thereof. Both parties submit to personal jurisdiction in Oregon.
    Any controversy or claim arising out of, relating to or in connection with this Agreement, or
    the breach thereof, shall be subject to arbitration administered by the American Arbitration
    Association (”AAA”) in accordance with its then existing Commercial Arbitration Rules
    (collectively, the “AAA Rules”) and judgment upon the award rendered by the arbitrator may
    be entered in any court having jurisdiction thereof. The place of arbitration shall be Salem,
    Oregon, or any other place selected by mutual agreement of the parties. An award rendered
    in connection with an arbitration pursuant to this Section shall be final and binding upon
    the parties and the parties agree and consent that the arbitral award shall be conclusive
    proof of the validity of the determinations of the arbitrations set forth in the award, and
    any judgment upon such an award may be entered and enforced in any court of competent
    jurisdiction. The parties agree that the award of the arbitral tribunal will be the sole and
    exclusive remedy between them regarding any and all claims and counterclaims between them
    with respect to the subject matter of the arbitrated dispute. The parties hereby waive all
    in personal jurisdictional defenses in connection with any arbitration hereunder or the
    enforcement of an order or award rendered pursuant thereto. In any legal 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 shall survive any termination of this
    Agreement.
  21. Assignment.
    SliverNet may assign this agreement at any time and without notice to Customer. Customer
    shall not have the right to assign this Agreement without the prior written consent of
    SliverNet. This Agreement shall be binding upon and inure to the benefit of Customer and
    SliverNet and their successors and permitted assigns.
  22. Entire Agreement; Severability.
    This Agreement, together with the Order Form and any other documents or agreements identified
    in this Agreement, represents the entire agreement between the parties, and supersedes all
    previous representations, understandings or agreements. If any provision of this Agreement
    shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void,
    the parties agree that the remainder of this Agreement shall remain in full force and
    effect.

    23. Customer hereby represents that he, she or it is either, an individual entering this
    Agreement for his or her personal use and is over 18 years of age, or a corporation, limited
    partnership or other legal entity, duly organized and in good standing under the laws of the
    state of its organization and the person acting on behalf of Customer is duly authorized to
    accept, execute and deliver this Agreement on behalf of Customer.

    Last updated: 04/05/04