Portal Planet will be referred to as "the provider" in the following terms and conditions.

The user will be referred to as "the subscriber" in the following terms and conditions.

all currency mentioned in this document or on any content page of the provider's web site shall be defined in u.s. currency or u.s. dollars (usd).

the provider exercises no control whatsoever over the content of the information originating outside of its systems or passing through it. use of any information obtained via the provider is at the subscribers own risk.

the provider specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

no warranty is made by the provider regarding any information, services or products provided through, in connection with, or located on the computer systems of the provider or other services provided by the provider. the provider disclaims any and all warranties of any kind, whether expressed or implied, for the service it is providing. provider is not responsible for any damages the subscriber's business may suffer as a result of services obtained from the provider.

the subscriber agrees to indemnify and hold harmless the provider, its directors, officers, shareholders, agents and employees, and its other subscribers from any and all claims, costs, expenses, judgments, liabilities, causes of actions, attorneys' fees, litigation and court costs resulting from the subscribers use of the provider's services in any manner, whether directly, indirectly or by any act of commission or omission.

the subscriber certifies that either he or she is of at least 18 years of age or has the consent of his or her legal guardian.

it shall be the responsibility of the subscriber to keep the provider informed of any changes to the subscriber's information so that all information is valid and up to date at all times. this shall include mailing address, phone numbers and credit card information. this information may be submitted by email, fax or telephone in that order of preference.

any liability of the provider, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, electrical surge/damage/interference, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of or unauthorized access to, alteration of, or use of data whether for breach of contract, tortuous behavior, negligence, or under any other cause of action, shall be strictly limited to the amount paid by or on behalf of the subscriber to the provider for the current month.

the subscriber is solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to (1) the subscribers use of any of the provider's services, and (2) the communication means by which the subscriber connects to the provider services or any other service provided by the provider. the provider may only be used for lawful purposes.

the subscriber is prohibited from transmitting on or through any of Portal Planet's services, any material that is, in Portal Planet's sole discretion, unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. portal planet's services may only be used for lawful purposes. transmission, distribution, or storage of any information, data or material in violation of united states or state regulation or law, or by the common law, is prohibited. this includes, but is not limited to: any material, data, matter, software/software code, intellectual property, protected by copyright, trademark, privacy or other proprietary, personal or property right, trade secret, or any other statute, material legally judged to be threatening or obscene, or material protected by trade secret transmission, promulgation, theft, procurement of, communication, alteration, publication or storage of any information, protected material/property, data or material in violation of any national law of any sovereign nation, or of international law, the united states annotated code, or of any state or local law, statute, regulation or rule. the provider reserves the right to remove such material from its servers.

the subscriber's are prohibited from running adult sites on or through any of the providers services or equipment.

the subscriber agrees to educate their customers about spam so that it does not become a problem for the subscriber or the provider. if the subscriber sells accounts they must provide an acceptable use policy (aup) at least as restrictive as the provider's acceptable use policy (aup).

the subscriber agrees to abide by the purpose and acceptable use of the provider's policy. use of the provider's services to access other networks, computers, or services, must comply with the policies of these entities.

the subscriber agrees to promptly investigate and deal with any spam or other abuse complaints reported.

the charges payable by the subscriber for the provision of the services are set out in the service descriptions.

prices based on annual contracts are payable in advance and represents a commitment for twelve months of service and there are no provisions for cancellations prior to the end of the term.

payment of all sums due to the provider under this agreement shall be made by credit card, wire transfer, western union transfer, cashiers check, personal check or money order on a monthly, or annual basis depending on the service subscribed to by the subscriber. approved credit cards are discover, mastercard and visa. if payment is to be made by credit card the subscriber under this agreement, authorizes the provider to automatically apply the appropriate prepayment charges to the subscribers credit card for each billing cycle in accordance with 3.2 and that the provider may apply the amount due to the provided card at any time.

the subscriber agrees to supply appropriate payment for the services received from the provider, in advance of the time period during which such services are provided. all payments are due by the 1st of the month. accounts are in default if payment is not received within 10 calendar days after the due date of the invoice. if the subscribers payment is returned to us unpaid the subscriber is immediately in default and subject to a returned check administration fee of $50.00.

hosting accounts will be suspended if the account is more than 60 days delinquent.

accounts determined to be in default will have their service suspended. such interruption does not relieve the subscriber from the obligation to pay the monthly account charge. if such interruption occurs, in order to reactivate an account, a reconnect fee equal to 60% of the listed setup charge for services in default with a $15.00 minimum will be applied in addition to any outstanding balances. if the subscriber defaults, the subscriber agrees to pay the provider its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these terms and conditions. the subscriber understands and agrees that the provider shall not be responsible for any charges or expenses that the subscriber may incur resulting from overdrawing the subscriber's bank account or exceeding the subscriber's credit card limit as a result of an automatic or manual charge generated by the provider pursuant to this authority.

accounts in default for a period exceeding 30 days are subject to collections. collection fees and/or expenses are the responsibility of the subscriber as outlined in 4.5.

the provider reserves the right to terminate the services to the subscriber in the event of any default of payment.

the provider reserves the right to cancel service for any reason without prior notice. prepaid service cannot be cancelled without prior written consent from the provider and fees for such services are non-refundable. all fees paid in advance of cancellation will be pro-rated and refunded by the provider to the subscriber if the provider initiates its right of cancellation and the subscriber is not in violation of these terms and conditions. if cancellation is caused by the subscriber and/or its client's breach of the terms and conditions, then the subscriber agrees that no refund is due. cancellations are processed at the end of the month and the subscriber is responsible for payment for the full month of service. the subscriber must notify the provider in writing by mail, fax or e-mail 30 days prior to the cancel date. monthly charges will not be pro-rated except at the time of activation of a new account.

due to protection concerns, all account cancellations must be done in writing via us mail, e-mail or fax. notifications of cancellation must include the company letterhead, account name, principal contact name with a valid signature, last four digits of credit card number on file and reason for cancellation. third party cancellations are not accepted.

upon termination, either by portal planet or the subscriber, for any reason, the subscriber is responsible for deleting his/her host registrations from domain registrar(s) within 10 business days. the subscriber further agrees to pay the provider all reasonable administration cost if the provider must intervene in reregistering the host.

accounts that have been suspended for 90 days will be deleted.

the provider shall have the right to suspend or terminate service to the subscriber, without notice at any time if the subscriber violates the terms of this agreement. if such a suspension is to last for more than 15 days, the subscriber will be notified as to the reason.

the provider reserves the right to impose session limits.

a breach of our acceptable use policy will constitute a material breach of this agreement and shall entitle the provider to terminate the agreement pursuant to 5.3

the subscriber shall not (or authorize or permit any other party to) use the service for the transmission of any material which is in violation of any law or regulation or which is defamatory, menacing, obscene, in breach of third party intellectual property rights (including copyright) or in breach of trade secrets. any breach of this clause will be deemed to be a material breach of this agreement and shall entitle the provider to terminate the agreement pursuant to 5.3 and for this purpose it shall be irrelevant whether the subscriber is aware of the content or illegality of any material so transmitted or not.

not withstanding and in addition to 5.3 the provider may suspend the service without notice with immediate effect if in the provider's reasonable opinion the subscriber is in breach of 7.2.

the provider reserves the right to change the rates and fees by notifying the subscriber 30 days in advance of the effective date of the change.

the provider reserves the right to amend the terms and conditions and any such amendments shall become effective upon promulgation.

the subscriber shall have the right, for a period of 15 days after the promulgation of any amendments to the terms and conditions, to terminate the contract, by giving written notice and receive a refund of any subscriber fees attributable to any period of time subsequent to the effective date of any such amendments to the rules and regulations.

upon breach of this contract, all of the subscriber's rights and privileges shall be immediately terminated. upon termination of the account, the provider has the right to delete all data, files or other information owned by the subscriber.