2.      Service Rates: Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Customer. Customer 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.

3.     Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. All accounts and services provided by Enotch Networks, Inc are subject to the current tax rate as imposed by the City of New York which is currently 8.25%.

4.     Payments and Fees: Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $200 reconnect charge and reconnection is at EnotchNet’s sole discretion. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Enotch Networks, Inc may be turned over to an outside collection agency for collection. If your EnotchNet 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 EnotchNet account, please follow the proper procedure to do this as outlined in this TOS.

5.     Refund and Disputes: All payments to Enotch Networks, Inc. are nonrefundable unless you meet one of the scenarios mentioned in our Billing Policy. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 10 days of the time the dispute charge occurred. If you dispute a charge to your credit card issuer that, in Enotch Networks, Inc's sole discretion is a valid charge under the provisions of the TOS, Billing Policy and /or AUP, you agree to pay Enotch Networks, Inc an "Administrative Fee" of not less than $50 and not more than $150.

6.    Failure to Pay: EnotchNet may temporarily deny service or terminate this Agreement upon the failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

7.     Account Cancellation: All requests for canceling accounts must be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to Enotch Networks, Inc Attn: Cancellations, 9811 Avenue k, Brooklyn, NY 11236 or you may email billing (@) enotch.com or fax the cancellation request to 800-871-3764x201. You must have all account information to cancel.

8.     Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Customer further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Customer for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

9.    New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into Enotch DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Enotch Networks, Inc. on behalf of the account holder a handling fee will be incurred.

10.   Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to Enotch Networks, Inc, Inc. will require a minimum of seven (7) days to be set up and entered into Enotcht DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Enotch Networks, Inc. on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

11.  Support Boundaries: Enotch Networks, Inc, provides 24 x 7 technical support to Enotch Customers (except for few holidays and short company meetings when we close Enotch Datacenter center.) We limit Enotch technical support to Enotch area of expertise. The following is Enotch guidelines when providing support: Enotch Networks, Inc provides support related to your server, internet access connection or virtual site physical functioning. Enotch Networks, Inc does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Enotch Networks, Inc does not provide technical support for YOUR customers. If you can email, we encourage you to email support (at) enotch.com for assistance. If you are able to get online and have other questions, the answers may be on Enotch home page at http://www.enotchnetworks.com/ - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.

12.  SPAM and Unsolicited Commercial Email (UCE): Enotch Networks, Inc takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over EnotchNet network. Very simply this means that customers of Enotch Networks, Inc may not use or permit others to use EnotchNet network to transact in UCE. Customers of Enotch Networks, Inc may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

a.       Violation of Enotch Networks, Inc's SPAM policy will result in severe penalties. Upon notification of an alleged violation of EnotchNet SPAM policy, Enotch Networks, Inc will initiate an immediate investigation (within 48 hours of notification). During the investigation, Enotch Networks, Inc may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of EnotchNet SPAM policy, Enotch Networks, Inc may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Enotch Networks, Inc reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Enotch Networks, Inc will notify law enforcement officials if the violation is believed to be a criminal offense.

b.      First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 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 Enotch Networks, Inc personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

c.       As EnotchNet Customers are ultimately responsible for the actions of their clients over the Enotch Networks, Inc network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of EnotchNet IP space to be listed in any of the various Spam Databases will have their server immediately removed from EnotchNet network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from EnotchNet network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from EnotchNet network without notice.

13.   Network

a.       IP Address Ownership: If Enotch Networks, Inc assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Enotch Networks, Inc, and Customer shall have no right to use that Internet Protocol address except as permitted by Enotch Networks, Inc in its sole discretion in connection with the Services, during the term of this Agreement. Enotch Networks, Inc shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Enotch Networks, Inc, and Enotch Networks, Inc reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. EnotchNet 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.

b.        Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Enotch Networks, Inc will monitor Customer's bandwidth and disk usage. Enotch Networks, Inc shall have the right to take corrective action if Customer's bandwidth or disk usage 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 Enotch Networks, Inc's sole and absolute discretion. If Enotch Networks, Inc 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 the event that a customer exceeds the included allocation, Enotch Networks, Inc may, at its sole discretion, collect a deposit, in an amount determined by Enotch Networks, Inc, against customer's credit card on file with Enotch Networks, Inc.

c.       System and Network Security: Users are prohibited from violating or attempting to violate the security of the Enotch Networks, Inc Network. Violations of system or network security may result in civil or criminal liability. Enotch Networks, Inc 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:

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

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

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

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

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

14.   Notification of Violation:

a.    Enotch Networks, Inc 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 EnotchNet AUP to monitor or police Internet-related activities.

b.     First violation: Any User, which Enotch Networks, Inc 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 Enotch Networks, Inc's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

c.      Second Violation: Users that Enotch Networks, Inc 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.

d.     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.

15.  Suspension of Service or Cancellation: Enotch Networks, Inc reserves the right to suspend network access to any customer if in the judgment of the Enotch Networks, Inc 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 Enotch Networks, Inc 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.

16.   Enotch Networks, Inc reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Enotch Networks, Inc 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.

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

18.   Miscellaneous Provisions: 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.      A waiver by the Company of any breach of any provision of this Agreement by Customer 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.

b.     Customer 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 Customer. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

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

d.     Enotch Networks, Inc is not responsible for any damages your business may suffer. Enotch Networks, Inc does not make implied or written warranties for any of Enotch.Net services. Enotch Networks, Inc 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 Enotch Networks, Inc.

e.     It is absolutely forbidden to host child pornographic content on Shared/Reseller, Virtual Server Accounts or Dedicated Servers. Accounts found hosting this material will be subject to immediate suspension/cancellation without refund.

19.    Responsibility for Content: You, as Enotch Networks, Inc's customer, are solely responsible for the content stored on and served by your Enotch Networks, Inc server.