Use of Insomnia Networks Services constitutes acceptance and agreement to Insomnia Networks' AUP as well as Insomnia Networks' TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Insomnia Networks and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Mississippi, county of Rankin applicable to contracts enforceable in that state. Venue will be Rankin County, Mississippi.

Disclosure to Law Enforcement:

The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Insomnia Networks shall have the right to terminate all service set forth in this Agreement.

Service Rates:

Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers. Any prepaid amounts for service is considered contract for the specified term and rates.

Payment:

Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Payment amount will be prorated for the period of the monthly cycle left during the current cycle. Subsequent payments are due on the first of the month for that month’s service and late on the fifth of the month. The agreed payment amount will be automatically charged to the given account monthly unless given proper notice. Payment for term contracts are accepted in quarter or annual amounts. These follow the same payment rules as the monthly accounts.

Payments and Fees:

Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 25 days past due. Service interrupted for nonpayment is subject to a $200 reconnect charge. Accounts not paid by due date are subject to a $10.00 late fee. Accounts that are not collectable by Insomnia Networks may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Refund and Disputes:

All payments to Insomnia Networks are nonrefundable. This includes charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Insomnia Networks sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Insomnia Networks an “Administrative Fee” of not less than $50 and not more than $150.

Failure to Pay:

The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Failure to pay the monthly or term payment may result in an Administrative Fee of $150 plus any charges accrued during service term.

Account Cancellation:

All requests for canceling accounts must be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to Insomnia Networks Attn: Cancellations, 9614 Hilltop Drive, New Port Richey, FL 34654 or you may call 727-255-1245 or fax the cancellation request to 831-309-8066. You must have all account information to cancel. Failure to give specified notice may result in an Administrative Fee of $50 plus any charges accrued during service term.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Domain Accounts:

All webhosting accounts involving new domains will be set up and entered into our servers within 48 hours. Due to the Name Registrar service, however, this process may sometimes require up to 7 business days. If the domain is registered by the account holder, there will be no handling fee. If the domain is registered by Insomnia Networks on behalf of the account holder a handling fee will be incurred unless otherwise stated by promotional programs. Domain registrations are final and are not subject to refunds.

Transfer of Domains:

New webhosting accounts which involve the transfer of a domain from another provider to Insomnia Networks will require a minimum of five (5) days to be set up and entered into our servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the customer cancels service during the transfer period for any reason, all charges are considered earned. Domain transfers are final and are not subject to refunds.

Support Boundaries:

Insomnia Networks, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: Insomnia Networks provides support related to your virtual site physical functioning. If you can email, we encourage you to email support@mississippihosting.com for assistance. If you are able to get online and have other questions, the answers may be on our home page at http://www.mississippihosting.com/current_users/support.html – we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.

SPAM and Unsolicited Commercial Email (UCE):

Insomnia Networks takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Insomnia Networks may not use or permit others to use our network to transact in UCE. Customers of Insomnia Networks may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of Insomnia Networks SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Insomnia Networks will initiate an immediate investigation (within 48 hours of notification). During the investigation, Insomnia Networks may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Insomnia Networks may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Insomnia Networks reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. RackShack will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an “Administrative Fee” of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $175 per hour that RackShack personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

IP Addressing

We are currently working as a name-based hosting service in order to best serve your needs. This means that your .com name will share an IP Address with us. The customer shall have no right to use that Internet Protocol address except as permitted by Insomnia Networks in its sole discretion in connection with the Services, during the term of this Agreement. In no circumstances are you to. Insomnia Networks shall maintain and control ownership of all addresses that may be assigned to Customer, and Insomnia Networks reserves the right to change or remove any and all such addresses in its sole discretion. The allocation of IP addresses is limited by ARINÕs new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What that means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

Notice of Violation

Insomnia Networks is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation:

Any User, which Insomnia Networks determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Insomnia NetworksÕs discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.

Second Violation:

Users that Insomnia Networks determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

Suspension of Service or Cancellation: Insomnia Networks reserves the right to suspend network access to any customer if in the judgment of the Insomnia Networks network administrators the customer’s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Insomnia Networks chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.

Insomnia Networks reserves the right to amend its policies at any time. All Customers of Insomnia Networks must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions.

Indemnification:

Insomnia Networks wishes to emphasize that in agreeing to the Insomnia Networks Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Insomnia Networks for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Insomnia Networks or the bringing of any claim against Insomnia Networks by any third-party. This means that if Insomnia Networks is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Insomnia Networks, plus all costs and attorney’s fees.

Miscellaneous Provisions:

You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

Insomnia Networks takes no responsibility for any material input by others and not posted to the Insomnia Networks Network by Insomnia Networks. Insomnia Networks is not responsible for the content of any other websites linked to the Insomnia Networks Network; links are provided as Internet navigation tools only. Insomnia Networks disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.

Insomnia Networks is not responsible for any damages your business may suffer. Insomnia Networks does not make implied or written warranties for any of our services. Insomnia Networks denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Insomnia Networks.