PorkyHost: Terms & Conditions

--------------------------------------------------------------------------------
The Internet is intended for use by mature adults and by minors under adult supervision. PorkyHost does not permit sites to be created by minors, nor does it permit sites intended for use by minors. PorkyHost clients are expected to use the Internet responsibly, obeying all state and federal laws and following proper "Netiquette".

--------------------------------------------------------------------------------

The following practices will NOT be tolerated by PorkyHost:

CHILD PORNOGRAPHY is required, BY LAW, to be reported to the National Center for Missing and Exploited Children. Furthermore, it is our policy that, in addition to the required reporting, we voluntarily forward all information we have to law enforcement without the need for a subpoena or any other formal process. This allows law enforcement to respond more quickly, before the trail gets cold. We maintain extensive access logs with IP addresses, access times, and other information. This is not an anonymous hosting service, and we will report you. If you wish to report child pornography found on a PorkyHost web site, please both email abuse@PorkyHost.com and call the Child Pornograhy Tipline at 1-800-843-5678.

Explicit cartoon depictions of sex are not permitted, as it is simply too difficult, if not impossible, to determine whether such depictions are intended to portray minors.

Materials that are not constitutionally protected (i.e. obscene materials). Obscene material includes anything that would be obscene in San Jose, California or in the jurisdiction you are located in. Although this is not a complete list, some of the things that often qualify as obscene include the depiction of defecation, bestiality, rape, or murder.

Unlawful activities such as unauthorized distribution or copying of copyrighted photos, materials or software, violation of trademark or other intellectual property rights, violation of U.S. export restrictions, fraud, the solicitation of illegal gambling or prostitution, or other practices which may be considered illegal.

PageJacking, which includes stealing the look and feel of a third party web site that you do not own with the intention of defrauding consumers into believing that your web site is officially associated with that third party web site.

Net mail abuse, including but not limited to message delivery considered to be spamming(sending unsolicited email), mailbombing (sending numerous and very similar messages to the same e-mail addresses), trolling (generating outrageous messages with the purpose of generating greater response), subscribing others to a mailing list without permission, posting off-topic messages to news groups or discussion groups to generate web traffic, or distribution of bulk e-mail software. There are definitely other practices either unlawful or considered harassment, and PorkyHost reserves the right to determine what constitutes net mail abuse.

The posting of defamatory, scandalous, or private information about a person without their consent, or intentionally inflicting emotional distress.

The posting of materials intended to harm another person or group, such as racist or hate sites, and/or the posting of materials detailing methods of harming persons or property, such as bomb making instructions.

Misuse of system resources, including but not limited to, knowingly employing programs which consume excessive CPU time or storage space or the resale of access to CGI scripts installed on our servers.

The linking of your graphics or data files from an html page not maintained on PorkyHost, the use of PorkyHost to store data files, or the storage of misidentified files.

NOTE: A breach of any of the policies above may result in the permanent or temporary suspension of your PorkyHost account, at our option. PorkyHost will not be held responsible for any damages suffered during such forced downtime.TOP

Terms of Service
Web Site Space License Agreement
THIS WEB SITE SPACE LICENSE AGREEMENT is entered into this on this date by and between PORKYHOST ("COMPANY") and YOU (for purposes of this agreement, "YOU" and "YOUR" means YOU and any entity in which YOU have an ownership interest, or which has as an ownership interest in YOU. (Collectively referred to herein as the "PARTIES").

Table of Contents:

YOU License the Right to a Web Site With Certain Limitations.
COMPANY Retains The Right To Use A Portion of YOUR Web Site Space, And To Serve The Web Site Space To The Public In Any Manner It Sees Fit.
COMPANY Retains The Rights To Any And All Materials It Places In Its Retained Space. The Original Owner Retains The Rights To Any And All Materials YOU Upload.
COMPANY Makes No Warranties or Promises About The Performance Or Other Characteristics Of The Information, Services, or Products Provided.
COMPANY Will Never Be Liable To YOU, Even If YOU Are Harmed By COMPANY's Negligence.
This Agreement Is Based On Various Material Promises And Representations, Including Those Set Forth In Detail In This Paragraph.

YOU told the truth when YOU signed up for web hosting; YOU Will Keep Us Informed Of Changes To YOUR Sign up Information
YOU will not break the law, including intellectual property law
YOU will not upload viruses
COMPANY can run ads that are incompatible with YOUR web site
YOU will not use YOUR web site in a way that impairs the value of ads or COMPANY's other uses of its retained space
YOU will comply with the Accepted Uses

If COMPANY Is Held Liable, Gets Sued, Has To Hire Attorneys, Or Otherwise Incurs Costs As A Result Of YOUR Actions, YOU Will Indemnify COMPANY For These Costs.
This Agreement Does Not Create a Joint Venture or Partnership, and COMPANY Retains The Right To Provide Electronic Commerce Services If It Desires.
COMPANY's Services Are Rendered On A Non-exclusive Basis, And COMPANY Can Provide Any Other Services To Any Other Party As It May Desire.
COMPANY Expressly Disclaims Any Editorial Control, But Reserves The Right To Terminate YOUR Website And/Or This Agreement Should COMPANY Be Made Aware Of Violations Of The Law By YOU; COMPANY Also Reserves Its Right To Remove Offending Material.
This Agreement May Be Terminated At Any Time; All Rights To The "PorkyHost" Name And Sites and or any other root domain name and sites offered by COMPANY Remain With COMPANY.
If One Part Of This Agreement Is Unenforceable, Other Portions May Still Be Enforced.
If One Of The Parties Does Not Enforce Its Rights Under This Agreement, That Does Not Mean That Its Rights Under The Agreement Are Waived.
Any Disputes Under This Agreement Will Be Arbitrated Except For Cases Under A Certain Dollar Amount, Which Cases Will Be Tried Without A Jury.
The Agreement Provides For The Giving of Notices In A Specific Manner; COMPANY May Change This Agreement At Any Time By Posting A New Version At A Specified Web Site.
This Agreement May Be Executed In Counterparts.
This Agreement May Not Be Assigned By YOU, But May Be Freely Assigned By COMPANY.
Any Disputes Are To Be Resolved In San Francisco County, California, And This Agreement Is Binding On The Parties' successors, Assigns, Etc.
This Agreement Constitutes The Entire Agreement Between The Parties.
This Agreement May Not Be Modified Except In Writing Except That COMPANY May Make Any Modification By Posting On The Web As Set Forth In Paragraph 15.
COMPANY Will Cooperate Fully With Any Investigation By Law Enforcement, Or With Any Investigation Involving A Violation of These Terms And Conditions; Any Information YOU Put On Our Servers Is Intended For Public Release:
YOU must comply with the law in YOUR display of constitutionally protected materials; YOU may not upload materials that are not constitutionally protected; YOU must not upload materials YOU are not allowed to view or possess
YOU must provide an accurate rating for YOUR site, reflecting the type of content on YOUR site.
YOU must be at least 18 years old to sign up for hosting, and YOU cannot target YOUR web site at users who are under 18 years old.

Agreement:

1. YOU License the Right to a Web Site With Certain Limitations. Subject to and conditioned upon COMPANY's retained rights and all other terms and conditions set forth in this AGREEMENT, COMPANY agrees to license to YOU the non-exclusive right to storage space for YOUR for the exclusive purpose of serving YOUR website content to the public via COMPANY's equipment for purposes consistent with this AGREEMENT. Even though the aggregate bandwidth YOU may use is not limited, YOUR web site must be used primarily for the display of HTML pages, and the total amount of data transferred from YOUR Web Site Space may not exceed one megabyte for every two html page views. All use of Web Site Space shall be subject to all the terms and conditions set forth herein. COMPANY retains the authority to restrict YOUR website as to file types and size, and to restrict transfer rates or amounts. YOU agree that as a condition of this license, YOUR site may not go longer than one seven day period without generating at least one html page view. TOP

2. COMPANY Retains The Right To Use A Portion of YOUR Web Site Space, And To Serve The Web Site Space To The Public In Any Manner It Sees Fit.

1. If COMPANY currently does not utilize a portion of YOUR Web Site Space, should COMPANY decide, in its business judgment, that retention of a portion of such space is desirable, company may utilize such portion as set forth in these terms. If COMPANY's advertising model on YOUR Web Site Space is designated "TGP Compliant", "banner", "header/footer", or similar, then specifically and without limitation, the license of rights granted herein pursuant to Paragraph 1 is expressly conditioned upon and subject to COMPANY's retention at all times of the unhindered right to control the initial and ending (i.e. top-most and bottom-most) vertical pixels and all corresponding horizontal pixels on each individual page display (Web Page) or frame, or the leftmost pixels on each web page or frame together with all corresponding vertical pixels ("COMPANY's Retained Space"). COMPANY may (but is not required to) utilize COMPANY's Retained Space by electing to utilize html frame sets so as to segregate such space. Such HTML frame sets may result in utilization of additional pixels, which utilization shall be permissible pursuant to this agreement. COMPANY may also, whether in addition to or in the place of its Retained Space, cause the opening of additional Web Page windows displaying advertising or other content, and/or cause full page or partial full page advertising to be displayed, or/or imbed advertising links or other elements within YOUR web pages. If COMPANY's advertising model on YOUR Web Site Space is designated "non-TGP Compliant", "no header/footer", "shared traffic", or similar then YOU agree that specifically and without limitation, the license of rights granted herein pursuant to Paragraph 1 is expressly conditioned upon and subject to COMPANY's retention at all times of the unhindered right to control approximently five percent of traffic (randomly selected) and the 404-Error-Traffic generated by YOUR Web Site Space for its own advertising purpose.

2. COMPANY may, at it's sole, absolute and unfettered discretion alter the amount, utilization, or other aspects of COMPANY's Retained Space. Thus, for example, if COMPANY decided to add advertising to the displayed web pages, this provision permits it to do so.

3. COMPANY may, at it's sole, absolute and unfettered discretion display YOUR web site at any one or more domain names and file paths in addition to the domain name and file path originally choosen by YOU. Said display may be made in conjunction with age verification systems, with paid membership sites, or otherwise. When served from any alternate location, Company may alter the html links contained within YOUR site in any manner it sees fit. Nothing herein shall cause COMPANY to be obligated to make the web site available in any manner other than that originally choosen by YOU. YOU hereby represent and warrant thay YOU hold rights to display the content YOU have and will upload to YOUR website and YOU hereby grant COMPANY a license to display said content at alternative locations as described in the preceeding portions of this paragraph.

4. Company retains the rights to any and all "404", page not found, or other traffic or server errors. Company may serve any content it desires in response to such errors. Furthermore, Company may use bandwidth limitation methods to prevent "hotlinking" of images and other content from YOUR website, or to otherwise prioritize and/or properly allocate available bandwidth in the way Company deems best. When Company's software determines that hotlinking is taking place or that content should not be served because of bandwidth allocation issues, the HTTP request at issue shall be considered to have generated a traffic error and may be treated as set forth above.

5. This web hosting service is intended only for service of web sites to English speaking web users residing in the United States. While others may access web pages hosted by COMPANY, COMPANY retains the right to treat such requests as traffic errors as described above.

6. IF YOU INTERFERE WITH COMPANY'S RETAINED SPACE (as, for example, by coding YOUR pages so as to avoid or obscure the display of COMPANY'S Retained Space), or if YOU take steps to prevent COMPANY from detecting traffic errors, server errors, 404 errors, or bandwidth allocation issues, COMPANY may (i) terminate this agreement; and/or (ii) seek monetary or other damages for YOUR breach of this agreement. TOP

3. COMPANY Retains The Rights To Any And All Materials It Places In Its Retained Space; The Original Owner Retains The Rights To Any And All Materials YOU Upload. The Web Site is comprised of the Retained Use Space (i.e. the space COMPANY uses to display advertising) and the remainder of the web site space (i.e. the space YOU use). Any and all materials appearing in or otherwise comprising COMPANY's Retained Use Space, including without limitation all intellectual property rights therein, shall remain the sole and exclusive property of COMPANY. Any and all materials uploaded by YOU remain the property of the original owner of such materials. COMPANY does not obtain any ownership intrest in such materials, although YOU expressly instruct COMPANY to make such materials available for public viewing on YOUR Web Site until such time that YOU delete such materials from YOUR Web Site or for the life of this agreement, whichever is shorter. Of course, COMPANY's rights to these materials are also not less than those of the general public, so COMPANY may use the materials in the same way that any member of the general public could use them, such as by linking to YOUR web pages or publishing a review of YOUR web pages. TOP

4. COMPANY Makes No Warranties or Promises About The Performance Or Other Characteristics Of The Information, Services, or Products Provided. No warranty is made by COMPANY regarding any information, services or products provided through or in connection with this AGREEMENT, and COMPANY hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, quality, quantity, or content of services or goods provided to YOU hereunder; and 2) any warranties of merchantability or fitness for a particular purpose. The Parties hereby agree and acknowledge that no representations of any kind have been made to YOU regarding the potential volume of patronage of YOUR web site or any other person's or entity's web site or web page. TOP

5. COMPANY Will Never Be Liable To YOU, Even If YOU Are Harmed By COMPANY's Negligence.

a. COMPANY shall not be liable for any damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any communication, advertisement, or other materials of any kind comprising in whole or in part YOUR use of Web Site Space or COMPANY's Equipment.

b. COMPANY shall in no event be liable to YOU, YOUR customers or any third party for any loss resulting from any negligent or unintentional act of COMPANY, and YOU specifically agree that COMPANY does not owe YOU any duty of care with regard to COMPANY's performance of its obligations under this agreement. Without limiting, and in addition to the foregoing, COMPANY shall not be liable for any losses resulting from a failure of computer equipment, or in the event that COMPANY intentionally takes down some or all of its computer equipment or network, whether for maintenance or otherwise. It is YOUR duty to maintain primary storage of YOUR website content on YOUR premises, and COMPANY will have no liability for the accidental or intentional destruction of any data stored on COMPANY's equipment, regardless of the cause. TOP

6. This Agreement Is Based On Various Material Promises And Representations, Including Those Set Forth In Detail In This Paragraph.

a. YOU told the truth when YOU signed up for web hosting;YOU Will Keep Us Informed Of Changes To YOUR Sign up Information:When YOU signed up to host YOUR web site with us, YOU provided us with certain information (i.e. e-mail address, phone number, etc.). All of this information must be true and accurate. If it changes, YOU must immediately notify us of the change. The provision of current, accurate, and complete information is a material term of this Agreement.

b. YOU will not break the law, including intellectual property law: YOU agree and warrant that all of YOUR use of Web Site Space and/or COMPANY's Equipment shall at all times comply with all laws, including, but not limited to, all federal, state and local laws throughout the United States of America. YOU affirmatively represent , agree and warrant that YOU have and at all times shall have all necessary intellectual property rights, including, but not limited to, all copyrights, trademark and service mark rights and rights of publicity, both in the United States and throughout the world, to reproduce and disseminate, via the World Wide Web, all materials of every kind which YOU store in Web Site Space. YOU agree that all of YOUR rights under this contract shall terminate in the event that YOU do break the law. Furthermore, COMPANY expressly refuses to enter into this agreement with YOU if YOUR rights under a prior contract with COMPANY were terminated because YOU broke the law (i.e. we do not allow repeat lawbreakers, copyright infringers, etc. onto our system).

c. YOU will not upload viruses: YOU agree and warrant that any and all material(s) of every kind which YOU store in Web Site Space or transmit using COMPANY's Equipment shall at all times be free from any and all damaging software defects, including, but not limited to, software "viruses" and other source code anomalies, which may cause software or hardware disruption or failure, significantly reduced computer operating speed, or compromise any security system.

d. COMPANY can run ads that are incompatible with YOUR web site: YOU hereby acknowledge that COMPANY may use any and all portions of COMPANY Retained Space for advertising which may be incompatible with YOUR use of Web Site Space.

e. YOU will not use YOUR web site in a way that impairs the value of ads or COMPANY's other uses of its retained space: YOU agree and warrant not to use or allow the use of Web Site Space by others under YOUR direct or indirect control which is in direct or indirect conflict with COMPANY's use of COMPANY's Retained Space, including, but not limited to, any use which would diminish the value of any advertisement appearing therein or otherwise diminish the value of COMPANY's or COMPANY's agent's use of COMPANY's Retained Space, or which would cause consumer confusion, constitute copyright, trademark or trade dress infringement, trademark dilution, trade libel, defamation, interference with contract, unfair competition, misappropriation or breach of confidence.

f. YOU will comply with the Accepted Uses: YOU shall at all times comply with the Accepted Uses and Policy as set forth at http://www.porkyhost.com/policy.html. Failure to comply shall be grounds for immediate termination. TOP

7. If COMPANY Is Held Liable, Gets Sued, Has To Hire Attorneys, Or Otherwise Incurs Costs As A Result Of YOUR Actions, YOU Will Indemnify COMPANY For These Costs. YOU agree that YOU shall fully indemnify COMPANY, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines, penalties, costs and expenses, attorney's fees, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) of YOU or YOUR agent(s)to fully comply with all duties, obligations and other provisions set forth in this AGREEMENT, including, but not limited to, YOUR warranties set forth in paragraph 7. YOU further agree to indemnify and hold harmless COMPANY, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys' fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission of YOU in connection with the performance of this AGREEMENT. In the event that COMPANY reasonably believes that such an indemnity may become required, COMPANY may suspend YOUR web site until YOU provide COMPANY with proof of financial ability to provide this indemnity. For the purposes of this paragraph, COMPANY includes Ideaflood, Inc. as well as all wholly or partially owned subsidiaries, sister, or parent companies. TOP

8. This Agreement Does Not Create a Joint Venture or Partnership, and COMPANY Retains The Right To Provide Electronic Commerce Services If It Desires. Nothing in this AGREEMENT is intended by the Parties to create or constitute a joint or collaborative venture or partnership of any kind between COMPANY and YOU, nor shall anything in this AGREEMENT be construed as constituting or creating any such joint or collaborative venture or partnership between COMPANY and YOU. COMPANY shall have no control nor ownership interests of any kind in YOUR business. COMPANY shall have no direct financial or other interest in, nor in any way "own" any online "store" or other online venture pertaining YOUR use of Web Site Space or COMPANY's Equipment. COMPANY's relationship to YOU shall be restricted to matters pertaining to the licensing of the use of Web Site Space exclusively. Notwithstanding the above, COMPANY may, in its sole discretion, provide electronic commerce services to YOU for use in conjunction with YOUR website. In the event that COMPANY so elects, and YOU decide to utilize such services, YOU acknowledge and agree that YOU owe to COMPANY a fiduciary duty to provide COMPANY with accurate and timely accountings of the amounts of YOUR sales. YOU further agree that in the event of any dispute regarding this AGREEMENT, YOU shall not contest the issue of YOUR fiduciary duty owed to COMPANY hereunder. TOP

9. COMPANY's Services Are Rendered On A Non-exclusive Basis, And COMPANY Can Provide Any Other Services To Any Other Party As It May Desire. Any and all services which are or may be provided to YOU by COMPANY pursuant to this AGREEMENT are not exclusive and nothing in this AGREEMENT shall limit or restrict COMPANY from providing similar services to third parties regardless of whether such third parties are competitors of YOU. Nothing in this AGREEMENT shall limit or restrict COMPANY from engaging in any activities similar to YOURS or in competition with YOU. TOP

10. COMPANY Expressly Disclaims Any Editorial Control, But Reserves The Right To Terminate YOUR Website And/Or This Agreement Should COMPANY Be Made Aware Of Violations Of The Law By YOU; COMPANY Also Reserves Its Right To Remove Offending Material. COMPANY and YOU hereby agree that, consistent with the strict policy of COMPANY, and in reliance on YOUR express warranties regarding the substantive content of advertisements, communications, messages and other materials which YOU store in Web Site Space, and/or otherwise disseminate via the use of COMPANY's Equipment, COMPANY shall not be required to exert any editorial or other subjective control over the substantive content of such advertisements, communications, messages or other materials. However, COMPANY reserves the right to terminate YOUR use of its servers should COMPANY be made aware of violations of the law or this Agreement by YOU. COMPANY is not required to provide any advance notice or explanation of such termination. COMPANY may also remove material it reasonably suspects to violate this Agreement, and such removal may be effected by use of a computerized detection and removal program. TOP

11. This Agreement May Be Terminated At Any Time; All Rights To The "PorkyHost" Name And Sites and or any other root domain name and sites offered by COMPANY Remain With COMPANY. The term of this AGREEMENT is at will, and may be terminated at any time and with immediate effect by either COMPANY or YOU upon written notice or otherwise as provided herein. Furthermore, upon termination, the rights to any name and/or internet address that terminates in PorkyHost.com (i.e. "mysite.PorkyHost.com") or any other root domain name offered by COMPANY (i.e. "mysite.rootdomainname.com") shall remain with COMPANY to be used in any manner COMPANY desires. TOP

12. If One Part Of This Agreement Is Unenforceable, Other Portions May Still Be Enforced. In case any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this AGREEMENT shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision(s) of this AGREEMENT shall not affect the validity or enforceability of any other provision. TOP

13. If One Of The Parties Does Not Enforce Its Rights Under This Agreement, That Does Not Mean That Its Rights Under The Agreement Are Waived. Failure of either of the Parties at any time to enforce any of the specific provisions of this AGREEMENT shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder. No waiver of a breach of this AGREEMENT shall be valid unless made in writing and signed by duly authorized representatives of both COMPANY and YOU. TOP

14. Any Disputes Under This Agreement Will Be Arbitrated Except For Cases Under A Certain Dollar Amount, Which Cases Will Be Tried Without A Jury. Any and all disputes as to the interpretation of or any performance under this AGREEMENT which are not first resolved informally, shall be determined by binding arbitration in San Jose, California in accordance with the rules of the American Arbitration Association (with full discovery available). The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of California and the United States. Nothing in this paragraph shall preclude either party from seeking and obtaining any injunctive relief or other provisional remedy available in a court of law, including, specifically, COMPANY's right to prejudgment attachment and expedited discovery. Notwithstanding the foregoing, a party may bring suit in the county of Fresno, but only if all parties initiating the proceeding collectively waive the right to recover any monetary relief in excess of $74,999 (such limitation being as to all parties initiating the proceeding combined, and not a separate limit as to each party initiating the proceeding), inclusive of attorneys fees but exclusive of interest and costs, and that this limitation is stated in the complaint itself. In addition to the foregoing, both parties hereby agree that as part of the consideration for this agreement, they waive the right to a trial by jury for any dispute arising between them that is in any way related to the subject matter of this AGREEMENT, and that such waiver shall be enforceable up to and including the day that trial is to start, and even if the arbitration provisions are of this paragraph are waived. Should any legal fees, costs, or other expenses be incurred by any party in attempting to enforce this arbitration and jury waiver provision, the prevailing party with regard to enforcement of this arbitration and jury waiver provision shall be entitled to recover such legal fees, costs, or other expenses without regard to whether such party prevails in the underlying case. The monetary limitation on relief that may be sought in a lawsuit filed in the county of Fresno shall not apply where the website(s) at issue were created as a result of fraud (i.e. if YOU create websites using falsified information during the sign up process, or create websites knowing that YOU will use them in violation of the terms of this agreement, YOU waive the right to force us to arbitrate claims above the monetary limit set forth above). TOP

15. The Agreement Provides For The Giving of Notices In A Specific Manner; COMPANY May Change This Agreement At Any Time By Posting A New Version At A Specified Web Site. All notices, payments, statements or other documents that any party to this AGREEMENT is required to or elects to give to the other parties will be in writing and will be delivered in one of the following ways: (a) by addressing the notice as indicated below and depositing the same registered or certified mail, postage prepaid, in the United States mail; (b) by Federal Express; or (c) by e-mail. Furthermore, this AGREEMENT may be materially altered by COMPANY by posting the new version of the AGREEMENT at http://www.PorkyHost.com/tsandcs.asp and if posted in this manner, shall be effective five business days after posting without providing notice pursuant to one of the foregoing mechanisms, or immediately upon providing notice pursuant to one of the foregoing mechanisms, whichever comes first. Each notice, statement or other document so delivered, except as this AGREEMENT expressly provides otherwise, shall be conclusively deemed to have been given when first personally delivered, on the date of delivery or on the first date of receipt. In the event that COMPANY does materially change the terms of this agreement, YOU shall be bound by such changed terms unless YOU opt to terminate YOUR agreement within five days of receipt of notice of such change. However, notice by e-mail or facsimile to COMPANY shall be deemed ineffective, null and void unless a copy of such notice is also sent by registered or certified mail,, and postmarked not less than five days subsequent to the giving of facsimile or e-mail notice. Until further written notice, the addresses of the parties hereto are the following: For COMPANY: ___________________________________, Facsimile: (___) ___-____ E-mail: legal@PorkyHost.com For YOU: To the e-mail addresses and/or fax number, and physical address YOU entered when YOU registered YOUR website. TOP

16. This Agreement May Be Executed In Counterparts. This AGREEMENT, and all documents and instruments pertaining to it, may be executed in counterparts, each of which shall be deemed to be an original and all of which shall constitute the AGREEMENT, provided that the AGREEMENT shall not become effective until completely conforming counterparts have been signed and delivered by each of the parties hereto. TOP

17. This Agreement May Not Be Assigned By YOU, But May Be Freely Assigned By COMPANY. This AGREEMENT and the rights pertaining hereto may not be assigned, resold, or otherwise transferred in whole or in part by YOU without COMPANY's prior written consent. In particular, YOU may not sell accounts or subaccounts to third parties. Notwithstanding the above, this AGREEMENT shall be binding upon YOUR successors and assigns, if any. COMPANY may assign and or all of its rights and/or obligations hereunder in its free, sole, and unfettered discretion. COMPANY may immediately assign such rights by posting a notice at http://www.PorkyHost.com/legal/legalassigns.htm, and such assignment shall be immediately effective upon posting without the need or obligation for any further notice to YOU. TOP

18. Any Disputes Are To Be Resolved In San Francisco County, California, And This Agreement Is Binding On The Parties' successors, Assigns, Etc. This AGREEMENT shall be construed in accordance with the laws of the State of California governing contracts executed and performed therein and the laws of the United States, and shall be binding upon and inure to the benefit of the parties, respective heirs, executors, administrators, successors and assigns. The parties agree that the State of California, San Francisco County shall be the proper place of jurisdiction for the determination of any disputes arising from this AGREEMENT, and the parties consent to jurisdiction of the Courts of the State of California. Should any legal fees, costs, or other expenses be incurred by any party in attempting to enforce this choice of venue, the prevailing party with regard to enforcement of this choice of venue shall be entitled to recover such legal fees, costs, or other expenses without regard to whether such party prevails in the underlying case. TOP

19. This Agreement Constitutes The Entire Agreement Between The Parties. This AGREEMENT constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral. No officer, employee or representative of COMPANY or YOU has any authority to make any representation or promise in connection with this AGREEMENT or the subject matter thereof which is not contained expressly in this AGREEMENT; and, COMPANY and YOU hereby acknowledge and agree that neither COMPANY nor YOU have executed this AGREEMENT in reliance upon any such representation or promise. TOP

20. This Agreement May Not Be Modified Except In Writing Except That COMPANY May Make Any Modification By Posting On The Web As Set Forth In Paragraph 15. No modification of this AGREEMENT, in whole or in part, shall be enforceable unless reduced to writing and signed by duly authorized representatives of the Parties. Notwithstanding the foregoing, COMPANY may make any modification by posting on the world wide web as set forth in paragraph 15 hereto. TOP

21. COMPANY Will Cooperate Fully With Any Investigation By Law Enforcement, Or With Any Investigation Involving A Violation of These Terms And Conditions; Any Information YOU Put On Our Servers Is Intended For Public Release: COMPANY will fully and completely cooperate with any official law enforcement investigation, and may choose, in its sole and unfettered discretion, to provide information of any kind to such law enforcement officials without the need for an official subpoena or search warrant. In addition, should COMPANY be made aware that a third party is conducting an investigation that involves a violation of these terms and conditions (for example, if an internet service provider is investigating the source of SPAM sent through its mail servers but promoting a site that the spammer created on PorkyHost), COMPANY may choose, in its sole and unfettered discretion, to provide information of any kind to such third party without the need for a formal subpoena or other legal process. Furthermore, YOU specifically represent and agree that any information YOU post to our servers is intended by YOU as a communication made available to any and all members of the public. This means that YOU have no expectation of or request for privacy in any files or other materials YOU upload to our servers. TOP

22. YOU must comply with the law in YOUR display of constitutionally protected materials; YOU may not upload materials that are not constitutionally protected; YOU must not upload materials YOU are not allowed to view or possess: COMPANY will not select or edit any of the content YOU wnat to have on YOUR site, so please do not ask COMPANY for its artistic assistance or opinion. YOU, and YOU alone, will be solely responsible for the nature and content of what YOU choose to store on YOUR site. If YOU intend to upload adult content, please see a legal advisor regarding the numerous criminal laws that apply. Not only will COMPANY not advise YOU with regard to YOUR compliance with these laws, but YOU should be aware that it is COMPANY's policy to contact law enforcement and provide all possible assistance to law enforcement at any time that COMPANY becomes aware that illegal materials (i.e. child pornography and other materials that are obscene) have been uploaded. YOU may not upload materials that YOU are not legally allowed to view or possess. This means, for example, that if YOU are under eighteen years old (twenty one years where eighteen is not the age of majority), YOU cannot upload materials depicting pornographic acts, as it would be illegal for YOU to have this material in YOU possession in the first place. This paragraph does not alter COMPANY's legal ability to remove materials from YOUR site pursuant to the Good Samaritan provisions of the Communications Decency Act, and COMPANY expressly reserves all of its rights under that statute and otherwise.TOP

23. YOU must provide an accurate rating for YOUR site, reflecting the type of content on YOUR site: COMPANY has elected to introduce an advertising rating system. Under this system, when ads are displayed on YOUR page, YOU may elect to have ads that have no restrictions -- including adult oriented advertising or gay adult oriented advertising which advertising may contain nudity. In the event that YOU make such an election, there are no additional limitations placed upon the type of content YOUR web site may contain. However, YOU may also elect to have ads that are geared to an audience that includes high school aged persons and older, in which case YOUR site must not contain any materials that would be inappropriate for audiences of that age group, and in any event may not depict acts that would be illegal if done, in public, in San Jose, California. This includes nudity. Additional advertising options may be made available and any limitations described in conjunction with those options, either during the option selection process, in these terms of service, or in the Appropriate Use Policy, are incorporated herein. COMPANY will endeavor to display advertising of the type YOU indicate YOU desire, but may, in the event said advertising would not be commercially desirable (as determined in its sole and unfettered discretion) display any advertising COMPANY determines to be commercially desirable, even if said display is at odds with YOUR selection of advertising and/or at odds with the content of YOUR site. TOP

24. YOU must be at least 18 years old to sign up for hosting, and YOU cannot target YOUR web site at users who are under 18 years old: In order to fully comply with the requirements of COPPA, we have elected to prohibit the upload of sites to our servers that are intended for viewing by people under 18 years old, and to prohibit people under 18 years old from uploading sites to our servers. TOP