This Agreement is made and entered into by and between Sigma 4, Inc., and Client. By using Sigma 4's facilities and services, Client accepts all terms and conditions contained herein.

Client:

1. Client shall use the services provided by Sigma 4 only for lawful purposes in compliance with all state and federal laws and regulations, including all copyright and trademark laws and regulations.
2. Client agrees not to abuse the system and its resources, including quotas on disk space or bandwidth identified in the hosting package selected.
3. Client agrees not to attempt to violate the security of this system or its authentication and accounting procedures.
4. Client agrees not to use Sigma 4's domain name services (DNS) to register domain names for speculative resale.
5. Client agrees not to use abuse the system by sending unsolicited Email (SPAM). SPAM is defined as: “Mass Email advertising, promotional or other messages, sent to persons who have not requested it.” Clients who send SPAM, will have their accounts suspended without notice and a fee of $5.00 per Email message will be applied. Sigma 4 investigates all SPAM incidents and will prosecute offenders to the full extent of the Federal and State laws that apply, including “denial of service attack” laws that carry 4 year prison terms and $10,000 fines, for first time offenders.
6. Client agrees not to forge email headers or otherwise obscure or misrepresent the origin of a message, either manually or via a mailer program.

Sigma 4:

1. Sigma 4 at its sole discretion, reserves the right to refuse posting of files and to remove files.
2. Sigma 4 reserves the right to refuse to provide World Wide Web publishing services in cases where the content involved is judged to be salacious, explicitly erotic, or offensive. Other prohibited content includes any illegal content as well as any content that supports or advocates violations of any clause of this Agreement.
3. Sigma 4 will cooperate with properly authorized investigation and enforcement agents during any investigation of criminal activities.
4. Sigma 4, at its option, can supply technical services in the form of consulting and/or services to Client. Such services will be billed at the rate(s) set forth in the Sigma 4 pricing sheet or at rates that are in effect at the time such services are requested or rendered. Sigma 4 has the right to refuse such technical services at its option and discretion.
5. Sigma 4 may change the services provided pursuant to this Agreement at any time with thirty (30) days prior notification to Client. The notice to Client may be made by Email or fax transmission.

Charges:
Client agrees to make timely payment of all charges to Sigma 4. In addition, the following terms and conditions will apply:

1. One month's complete charges in advance will be paid at the time Client services are ordered or at the time services are initiated. These charges are non-refundable.
2. All charges must be paid within thirty (30) days. If Client's monthly payment is not received within thirty (30) days, Client's service will be subject to disconnection and interruption without notice to Client. In the event Client's service is disconnected or interrupted for failure to make timely payment of the charges owed, pursuant to this Agreement, and Sigma 4 agrees to restore or reconnect service, then a reconnection charge in the amount of the setup fee will be charged. This charge, plus all past due amounts owed, must be paid in full before restoration and reconnection to Sigma 4 will occur. Nothing contained herein shall be deemed as requiring Sigma 4 to restore or reconnect service.
3. In the event Client is dissatisfied with charges or any other term and condition in this Agreement, or any term and condition subsequently changed by Sigma 4, then Client's only remedy is to cancel and terminate this Agreement in accordance with the termination provisions of this Agreement.

Right to privacy:
Sigma 4 considers user-produced data stored on its servers or crossing its network to be the property of the subscriber who created it. The degree which this content is made public is under the sole discretion of the creator. Contents of this data will not be reviewed, edited, replicated or otherwise investigated or altered in the normal course of business. Sigma 4 reserves the right to do so in the process of investigating system malfunction, resource abuses, illegal activities, or Agreement violations.

Editorial Control:
Sigma 4 does not exercise editorial control over the content of Email, chat sessions, Usenet news postings, web pages, or other content produced by Clients. Clients are solely responsible for such content. Enforcement of this Agreement is performed only after noncompliant content is brought to our attention; Sigma 4 exercises no proactive monitoring or editorial oversight at the time of content creation, publication or transmittal. Sigma 4's editorial oversight is restricted solely to company-generated, official content. Sigma 4 specifically denies any responsibility for the accuracy, quality or content of information obtained through its services.

Penalties:
Violations of this Agreement by a Client may result in discontinuance of service, cancellation of accounts without refund, assessment of fees for lost, stolen or misappropriated services, and assessment of legal fees and/or collection fees.

Limit of Liabilities:
Sigma 4 will not be liable for any direct, indirect, consequential or reliance damages, whether foreseeable or not, or for any damage to property, loss of profits, costs of replacement services, or claims by Client, or for any service problems caused by any defect, delay, unavailability or failure in the service provided by Sigma 4 or by any other cause. Sigma 4 shall not be liable for any service defect caused by forces outside of its control, including accidents, cable cuts, fires, floods, emergencies, government regulations, wars, or acts of God.

Term:
This Agreement shall remain in full force and effect until terminated by either party.

Termination:
Sigma 4 may terminate this Agreement upon default by Client in the performance of any of Client's obligations, pursuant to this Agreement. The waiver by Sigma 4 of any act of default by Client shall not constitute a waiver of any subsequent default. Client may terminate this Agreement only after giving Sigma 4 thirty (30) days written notice. Notice of termination may be provided by Email or fax transmission. In the event this Agreement is terminated, Sigma 4 may terminate services within thirty (30) days after receipt of such notice of termination. Client will not be entitled to receive any refund for any used or unused time. Client shall be liable for the payment and all fees accrued up to and including the date of termination.

Release and indemnity agreement:
Client desires to utilize the services of Sigma 4 as a conduit to enable Client to make information, programs and other services available over the Internet. Client hereby releases and discharges Sigma 4, its agents, employees, officers, directors, insurers and assigns from any and all causes of action, damages, demands, judgments and any other causes of action that Client may have arising out of the information or materials that Client may access or obtain from using Sigma 4 to access or retrieve information, services or other material from the Internet. Client hereby indemnifies and holds Sigma 4, its agents, employees, officers, directors, insurers and assigns harmless from any losses, claims, demands, judgments, attorney fees, costs or other expenses incurred or suffered by Client, its agents, employees, officers, directors, insurers, and assigns and arising out of Client's access to Sigma 4, or the Internet, including any of Client's actions for such things as computer fraud, computer vandalism, invasion of privacy, interests of another, introduction of virii, and objectionable or questionable content of mail, newsgroup posting, or any other use of the Internet.

Warranties:
Sigma 4 makes no warranties of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose in connection with the services provided by Sigma 4 pursuant to the terms of this Agreement.

Entire agreement:
This Agreement constitutes the entire Agreement between the parties hereto. The terms and conditions of this Agreement shall be interpreted and enforced pursuant to the laws of the State of New Mexico. If any one provision of this Agreement is declared null, void, unenforceable or ambiguous, such a determination will not affect any of the other terms of this Agreement and all other Agreements shall remain in full force and effect.

Jurisdiction and venue:
In any dispute between Client and Sigma 4, the parties agree that venue will be in Dona Ana County, Las Cruces, New Mexico and that the State of New Mexico will have exclusive jurisdiction over any cause of action arising out of any dispute concerning this Agreement or any of the obligations by either party pursuant to the Agreement.

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Sigma 4, Inc., 1155 S. Telshor, Suite 201., Las Cruces, NM 88011-4788
Phone: (505) 532-5768 • Fax: (505) 532-5769
Copyright© 2002 Sigma 4, Inc.