Terms of Service Revised June 1, 2009

Fontaine Associates agrees to provide Client web hosting services. Client is allowed to use Fontaine Associates web hosting services for business/commercial or personal websites or content.

Content:
All services provided by Fontaine Associates may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Fontaine Associates from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited. Fontaine Associates will be the sole arbiter as to what constitutes a violation of this provision.

Below is a partial list of examples of non-acceptable content or links

• Pirated software
• Hackers programs or archives
• Warez Sites
• Porn
• Spamming Software

Traffic Guidelines
Due to the unique resource characteristics and traffic patterns associated with certain types of sites, all sites are limited to a certain amount of bandwidth per month: Sites that go over the allowed traffic maybe suspended. The site owner will be responsible for paying all bandwidth overage fees in the amount $6.00 per gig.

Chat Rooms:
We provide chat room software that will more than fill your needs.

Background Running Programs:
As a general rule we do not allow background running programs. We may allow programs to run continually in the background , these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC:
We currently do not allow you to link to or use IRC or IRC bots such as eggdrop, and BitchX on our servers.

CGI Scripts
Each account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-scripts provided with their account or add any additional ones they require. Any CGI-scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-script sharing with domains not hosted by on our servers are not allowed.

Server Resources
Any web site that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) can be suspended without notice, and then may  be given an option of either upgrading their service level or reducing the resource used to an acceptable level.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials
Violation of indecency and obscenity laws can result in criminal penalties. Fontaine Associates will be the sole arbiter as to what constitutes a violation of this provision.

Intellectual Property Rights
Material accessible to you through Fontaine Associates Services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Fontaine Associates Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Fontaine Associates Network. If you use a domain name in connection with Fontaine Associates Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security
Customers may not use Fontaine Associates Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Fontaine Associates will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer. Fontaine Associates will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to suspended clients account without notice.

Billing:
Establishment of this service is dependant upon receipt by Fontaine Associates  of payment of stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup.  The accepted methods of payment are credit card (Visa, MasterCard and American Express) and PayPal. Customers are responsible for any additional transaction fees that coincide with any payment methods.

Accounts are considered Past Due if payment is not processed by the 10th of the month, accounts not paid by the 10th of the month maybe subject to suspension and a $10.00 late fee.  All fees must be paid in full before an account can be reactivated.

You the Client authorize Fontaine Associates to charge the credit card on file for any fees due. Client  is responsible for providing up-to-date payment information. Fontaine Associates will not be held responsible should The Clients payment information become out-of-date.

If the Clients credit card on file is declined, Fontaine Associates will make a good faith effort to process the charge again until the 10th of the month. If we are unable to process the charge by the 10th of the month the account will become Past Due and maybe suspended.

Any and all Billing Disputes must be handled directly through Fontaine Associates.  Credit card charge backs may be sent to a third party collection agency  In the event that legal counsel is required, additional attorneys fees may be added.

Free Web Hosting:
Fontaine Associates may at it's option offer Free Web Site Hosting to the general public and charge a one-time set up fee for that hosting.  In addition Fontaine Associates may require Client to place a link back to Fontaine Associates Web Site.  Fontaine Associates will never require Client to carry Third Party Advertisements.

Fontaine Associates reserves the right to discontinue this service by providing Thirty Days written notice.  The written notice will be in the form of our Posted Terms of Service.

Refusal of Service
Fontaine Associates reserves the right at its sole discretion to refuse or cancel service. Violation of any of Fontaine Associates Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.

Limited Liability:
The client expressly agrees that the use of Fontaine Associates Servers are at the clients sole risk. Neither Fontaine Associates, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Fontaine Associates Servers will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Servers or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through Fontaine Associates Servers, unless otherwise expressly stated..

Under no circumstances, including negligence, shall Fontaine Associates, its employees, affiliates, agents, third party information providers, merchants licensers or the like,  be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Fontaine Associates Servers; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Fontaine Associates records, programs or services. The User hereby acknowledges that this paragraph shall apply to all content on Fontaine Associates Servers.

Spam Or Unsolicited E-Mail:
You must not use Fontaine Associates Network, equipment or any email address in connection with the transmission of Spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain name may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of Fontaine Associates Network, equipment or any email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, without warning, Fontaine Associates reserves the right to disable your domain name. In addition, Fontaine Associates may impose a $100 penalty for each Spam policy violation. Fontaine Associates solely reserves the right to refuse or cancel service to known spammers. Lastly, Fontaine Associates reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Abuse:
Any attempts to undermine, slander, libel, threaten, swear at, or cause harm to a Fontaine Associates server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Fontaine Associates  harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against  Fontaine Associates, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Fontaine Associates, against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Fontaine Associates, server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Fontaine Associates, to the amount paid for service.

Disclaimer
Fontaine Associates,  will not be responsible for any damages your business may suffer. Fontaine Associates, makes no warranties of any kind, expressed or implied for the services we provide. Fontaine Associates, disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Fontaine Associates, and its employees. Fontaine Associates, reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.

Fontaine Associates, furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, Fontaine Associates,  wishes to emphasize that in accepting services, customers indemnify Fontaine Associates, for the violation of any law or Fontaine Associates, policy, that results in a loss to Fontaine Associates, or the bringing of any claim against  Fontaine Associates, This means that if Fontaine Associates is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Fontaine Associates plus costs and reasonable attorneys' fees.

Should any dispute arise under the terms of Fontaine Associates Terms of Service, client agrees that venue for resolution of said dispute shall be in the County of Hudson or Circuit Courts in and for the Township of Secaucus, State of New Jersey.

If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.

Fontaine Associates reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice