Subscription and Use Agreement

This Subscription and Use Agreement governs the access and use of the services and networks of Sweepnet Services

Defined Terms Used in this Agreement

Certain terms used in this Agreement are specifically defined as follows:

• Access Account means any and all accounts offered by Sweepnet permitting remote access to Sweepnet or its Internet feed.
• Account means all accounts offered by Sweepnet including but not limited to access, hosting and co-location accounts.
• Agreement means this Agreement and all additions, modifications and amendments to same as they may be enacted.
• Co-Located Server Account means an account where a customer's server is located on the physical premises of Sweepnet and connected to Sweepnet's network..
• Sweepnet Web Site means the web site published and maintained by Sweepnet and located at www.Sweep.net and its various linked extensions.
• Hosting Account means all accounts for the residence of web sites on one or more web servers of Sweepnet.
• Network means the TCP/IP network of Sweepnet, including but not limited to its Internet feed, resident servers, routers, portmasters, connections, modems and hubs.
• Services means any and all accounts or other services offered by Sweepnet at any time.
• Spamming and Spam mail means the posting or cross-posting to more than 20 Usenet groups or unsolicited mass e-mailings to more than 50 recipients with essentially the same message, regardless of purpose.
• Subscriber means the named Account owner as shown on the books and records of Sweepnet.
• User means any person who uses an Account.
• Web Site means one or more files located on a Sweepnet server to which an IP address has been assigned.

GENERAL TERMS

COMPLIANCE WITH APPLICABLE LAWS

Each User shall comply at all times with any applicable local, state or federal law or the law of any Country who may assert jurisdiction over the activity involved.

COPYRIGHT & TRADEMARK INFRINGEMENT

Users shall not copy, reproduce, or publish any material subject to copyright or trademark protection unless User is the owner of such copyright or mark or has obtained valid written permission to use same from the lawful owner. In no event shall Sweepnet Services, its employees, agents and representatives be liable for an infringement on any copyright or trademark caused by or resulting from the activities of any User. In the event that it comes to the attention of Sweepnet Services that a copyright or trademark has been misappropriated by a User, Sweepnet, Inc. reserves the right to immediately terminate, without notice or compensation, all Services available to that User, including, if applicable, the cancellation of all Services to the Subscriber under which the User gained access. In no event however shall Sweepnet, Inc. be deemed to have assumed any duty or responsibility to monitor any Account for such misappropriation or infringement. All Subscribers warrant that at no time shall they permit the infringement or misappropriation of any copyright or trademark.

HACKING AND INTERCEPTION

It is unlawful under Section 33 of the Texas Penal Code and 18 U.S.C. 1030 for a person to breach a computer security system without consent of the owner or to gain access to a system, protected or otherwise, for the purpose of harming the data or operation of that system or its users. It is further unlawful under 18 U.S.C. 2510 for any person to intercept or cause the interception of, or to disclose, electronic communications, including e-mail. In the event that it comes to the attention of Sweepnet, Inc. that a User is involved in such activities, Sweepnet, Inc. reserves the right to immediately terminate, without notice or compensation, all Services available to that User, including, if applicable, the cancellation of all Services to the Subscriber under which the User gained access. In no event however shall Sweepnet, Inc. be deemed to have assumed any duty or responsibility to make such determination of the occurrence of illegal or prohibited activity or to monitor any Account or other service for such activity.

ACCEPTABLE EMAIL USAGE

No customer of Sweepnet shall send spam mail for any reason, whether using Sweepnet's network or any other network, including independents or spamming services. Any customer of Sweepnet who is involved in spamming in any way shape or form may be terminated without notice at the sole discretion of Sweepnet. Further, Sweepnet's network, access points and email servers may not be used for the relaying of email with the email source being outside of the Sweepnet network and the destination also being outside of the Sweepnet network regardless of whether the email source is a current customer of Sweepnet or not. In addition, Sweepnet customers may not use Sweepnet's network, access points or mail servers to send out spam mail. Any and all violations of this clause will result in a charge of US $5.00 plus any applicable sales tax per email recipient. This specifically includes the use of an email address/box on Sweepnet's service, the use of Sweepnet's name or registered domain names or trademarks, the use of Web Storage on Sweepnet's servers as a 'return address' or reference in such a spam, regardless whether such spam originates from Sweepnet's network or elsewhere and/or the use of Sweepnet's network in any form including solely as an access point to originate, relay or otherwise cause or further the sending of such mail.

PORNOGRAPHY & OBSCENITY

Currently, pornography in the United States is based on a community standards test which is difficult to apply to the Internet. Arguably, if an item would be considered pornographic in any community (US or otherwise) in which a member has a connection to the Internet, it is conceivable that the item could be considered legally as pornographic, at least in so far as that community is concerned. Accordingly, Sweepnet, Inc. requests that Users employ extreme caution and conservative judgment in posting, receiving or transmitting images or other material that potentially may be deemed legally as pornographic or obscene. In no event shall Sweepnet, Inc. be liable for any such posting, receipt or transmission by or to its Users. In the event that it is brought to the attention of Sweepnet, Inc. that pornographic posting, receipt or transmission by a user is occurring, and that a Court of competent jurisdiction has determined that such material or like material is pornographic under the law or that a prosecutorial official has determined that the specific material is unlawful, Sweepnet, Inc. reserves the right to immediately terminate, without notice or compensation, all Services available to that User, including, if applicable, the cancellation of all Services to the Subscriber under which the User gained access and/or to remove the offending material from its Web Servers. In no event however shall Sweepnet, Inc. be deemed to have assumed any duty or responsibility to monitor Services for such posting, receipt or transmission by a User or any material therein or judge the legal merits of same.

PRIVACY AND USE OF DATA

Sweepnet, Inc. reserves the right to assemble, organize, compile and disseminate data about its users in general or specific groupings or categories that are not individual user identifiable. All such data and compilations shall be the sole property of Sweepnet, Inc. While Sweepnet, Inc. shall use best efforts to protect the privacy of its customers and Users, Sweepnet Services shall not be liable in the event of a violation of such privacy. The User is cautioned that security on the Internet is in its infancy and advises all Users to not place, post, communicate or otherwise make accessible any confidential or private information in any manner unless the User is satisfied of the security of the connection.

VIRUS PROTECTION

All Users, Subscribers and other customers of Sweepnet shall take all necessary steps and procedures to insure that no virus or other electronic crippler is transmitted to or through the Network. Sweepnet will use best efforts to maintain its products and services virus free, however in no event shall Sweepnet be liable for any damage resulting from any virus or electronic crippler transmitted or received by any user.

FEES & PAYMENT

The fees and charges for the Services shall be as published on the Sweepnet Web Site at http://www.Sweep.net./support. Any change in fees or charges shall be effective on the next regular billing date for the subject Account after the date of first posting. Each Subscriber shall promptly pay all invoices upon receipt.  In the event payment is not made within twenty (30) days of invoice, Sweepnet reserves the right to terminate any and all Accounts of the Subscriber. In the event that an Account is terminated and Subscriber desires to reinstate the Account, the Subscriber agrees to pay all accrued charges then due together with a pre-payment equal to two months estimated invoicing for the Account(s) to be reinstated. Until the Account is terminated by Sweepnet, the obligation for fees shall continue unless otherwise terminated by the Subscriber in accordance with this Agreement. Subscriber agrees that in the event that any payment is not honored by any bank or financial institution upon which payment was drawn, Subscriber shall pay to Sweepnet $5.00 for each and every instance of such dishonor. For purposes of determining the date or sufficiency of payment and any resulting termination and/or reinstatement, dishonored payments shall be treated as if no payment was made by Subscriber.

SUBSCRIBER'S RIGHT TO TERMINATE ACCOUNT

A Subscriber may terminate an Account at any time by written notice to Sweepnet, which will be effective upon the conclusion of the last period for which payment has been made, including any pre-payment.

RE-SALE PROHIBITED

It is a breach of this Agreement for any person or entity to solicit, offer, advertise or promote the availability of Sweepnet Services in any manner or to re-sell such products and services to others under their own name, unless such person is an authorized reseller pursuant to an Authorized Re-Seller Agreement with Sweepnet.

GENERAL ACCESS ACCOUNT TERMS

The following rules govern all Access Accounts and are in addition to, and not in lieu of any other rules or terms contained elsewhere in this Agreement.

Access Accounts are limited to Subscribers and their Authorized Users. Authorized Users of a Subscriber, if an individual, includes the Subscriber and all persons physically residing with that Subscriber. Authorized Users of a Subscriber, if other than an individual, consists of the Subscriber's principals, employees and agents. The services provided by Sweepnet are provided solely to the named Subscriber and are not transferable, by sale, gift or otherwise without the prior written consent of Sweepnet.

Each Subscriber will be provided with one or more unique passwords. It is the responsibility of each Subscriber to maintain procedures to protect the secrecy of the password(s) and to maintain same as confidential. In no event shall a Subscriber permit a third party access to the Account nor shall the Subscriber disseminate or otherwise publish the password(s) assigned to that Subscriber in any manner that may permit third party to gain access.

Dialup access accounts, while unlimited in overall hourly usage, are restricted to login sessions of a duration no greater than ten (10) hours per login occurrence. Login occurrences in excess of ten hours duration constitute a dedicated access account. In the event of a login occurrence in excess of ten hours duration, Sweepnet reserves the right to either (a) terminate the dialup access account or (b) convert the account to a dedicated access account for which Subscriber agrees to pay the then existing rate for such dedicated accounts.

Sweepnet will use best efforts to maintain it's Services, however some or all of the Services may be suspended or inoperational at various times. Unless part of an otherwised scheduled maintenance, in the event that a particular service becomes inoperational and remains inoperational for a period of four consecutive twenty four hour periods, Sweepnet will grant a credit to the Account prorata based on the total number of twenty four hour periods for which a particular service is inoperational during the billing period which will be computed as thirty consecutive twenty four hour periods in the following amounts for each service, not to exceed 100% of the total billing amount for that Account:

Credits awarded by Sweepnet Services will be applied to the following months billing only and are not redeemable in any other form, including refund. Service outages or inoperability of any service aspect will not be awarded a credit if the outage or inoperability is the result of hardware or software conflict or failure, improper configuration or other technical difficulty on the part of the Subscriber.

Sweepnet may elect to provide, free of charge or at a substantial discount, storage space on a Server for the posting of one or more non-commercial Web Sites by a Subscriber with an Access Account. In the event that the Access Account is terminated for any reason, Sweepnet reserves the right to remove all files belonging to Subscriber from its servers for which space has been provided under this paragraph. It is the duty of Subscriber to maintain complete backups of all files and in the event of such termination, Sweepnet shall not be liable for any loss of data or files.

GENERAL HOSTING ACCOUNT TERMS

These terms are in addition to, and not in lieu of, any other rules or terms contained elsewhere in this Agreement.

Sweepnet shall provide for connectivity of the Web Site to the Internet, and shall provide without limitation all telecommunications equipment and connections to the Web server to allow public web browser access on a twenty four hour a day, seven day a week basis (except during scheduled maintenance downtime) and shall use its best efforts to ensure that the Web Site remains available in excess of 99 percent availability at all times except for scheduled maintenance downtime. While Sweepnet will use best efforts to maintain the operation and integrity of its servers on which Web Sites reside, Sweepnet Services shall not be liable for any damages, whether actual or consequential resulting from the loss, destruction or corruption, in whole or part, of any data, function, code, script or page residing on its servers.

Sweepnet hosting accounts come with a monthly data transfer allowance of 6 GB for normal accounts and 20 GB for co-location accounts. This allowance is per month; any account that surpasses the allowance is subject to a surcharge of $15.00 per GB per month.

Web Sites placed on Sweepnet servers remain the responsibility and property of the Subscriber submitting the page, including but not limited to the uploading, testing and maintenance of the Web Site, unless other arrangements are made in advance or unless the terms of the particular Hosting Account provides otherwise. All specifications for Hosting Accounts shall be published on the Sweepnet Web Site and are subject to change without prior notice to Subscribers. In the event a Web Site or its contents is in violation of this Agreement, Sweepnet reserves the right to immediately remove same without notice and without liability of any kind and restrict or eliminate access to its server(s) to the Subscriber. In the event that the continued maintenance of a Web Site on any server of Sweepnet may result, in the sole opinion of Sweepnet Services, in a significant decrease in the operation or functionality of that server or otherwise significantly affect any aspect of the operations of Sweepnet, in whole or part, Sweepnet. reserves the right to remove the Web Site from its server or limit, restrict or prohibit access to same. The providing of, and limitations to, FTP access to Subscribers or their designated webmasters shall be solely at the discretion of Sweepnet. It is a breach of this Agreement for any Subscriber to permit or allow access to a third person or entity to place pages in any space provided by Sweepnet for that Subscriber, without the prior written permission of Sweepnet.

A non-commercial Web Site is any site that does not offer goods or services for sale; advertise, endorse or otherwise promote a product or service; or solicit or invite donations, contributions, or payments of money or things of value, whether tangible or intangible. Sweepnet reserves the right to designate, change or modify at any time the directories or locations within which such pages are placed and to limit FTP access to its servers. All Web Sites that do not meet the above definition of non-commercial Web Sites are deemed to be commercial.

LIMITATION OF LIABILITY AND INDEMNIFICATION

Sweepnet Services, it's subsidiaries and affiliates shall not be liable for any damages except as otherwise set out in this Agreement, sustained by any user or subscriber relating in any way to the Services, including but not limited to: consequential, resulting or other damages whether pecuniary or otherwise, including attorneys fees, costs of court or associated expenses, or damages arising from mental anguish, libel or slander, violation of any right to privacy, copyright or trademark infringement, trade restriction, tariff or treaty or the violation of any city, county, state or federal law, rule or regulation. This limitation shall include without limitation violations of any law, rule or regulation of any country or other governmental body or entity, including all such administrative, judicial and legislative subdivisions hereunder where such governmental body or entity is currently recognized by the United States of America or the United Nations as a sovereign body or entity ("Country").

Sweepnet's sole liability shall be limited to the then existing fee charged for one month of for a PPP Account.

Each User and Subscriber of the Services agrees to fully and completely indemnify Sweepnet Services, its employees, agents and representatives from any and all damage or injury including attorneys fees and costs sustained by Sweepnet Services resulting from the acts of the User and/or Subscriber in relation to any use of the Services by User or Subscriber. Each Subscriber agrees that any User of that Subscriber's Account shall abide by this Agreement and that the Subscriber shall assume full and complete responsibility and undertake this indemnity for all instances of use through Subscriber, unless such use is unauthorized, in which it will be Subscriber's burden to demonstrate that such use was unauthorized and that the Subscriber had in place prior to the occurrence, reasonable protective measures to prevent unauthorized use of Subscriber's Account. Employees and agents of Subscriber are deemed to be authorized for all purposes unless Sweepnet is otherwise instructed to the contrary in writing.

DISPUTE RESOLUTION

In the event of any dispute, claim, question, or disagreement arising out of or relating to this Agreement or the breach thereof, the parties shall use their best efforts to settle such disputes, claims, questions, or disagreement. To this effect, they shall consult and negotiate with each other, in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to all parties. If they do not reach such solution within a period of sixty (60) days, then upon notice by either party to the other, disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration rules as then in effect.

GOVERNING LAW

This Agreement shall be governed exclusively by the laws of the State of Texas.