1. AGREEMENT.
   In this Terms of Service Agreement ("agreement"), "you" and "your" refer to each customer, "we" and "our" refer to Intyce Design, LLC, and "services" refers to our Web hosting services. You agree to be bound by this Terms of Service Agreement, and any modifications to this Agreement that we post on our Web site, as long as you continue to use our services.
   
2. FEES FOR WEB HOSTING SERVICE.
   Our Web hosting service is billed monthly. You agree to pay us the applicable Web hosting fee each month until you cancel the service. If payment is not received within 30 days of the due date (for example, if your credit card company declines to authorize a charge to your credit card and you do not provide alternate payment within 30 days), we may suspend your use of the services until payment is made. There are no setup fees or contracts.
   
3. WEB HOSTING CANCELLATION.
   You may cancel the service by e-mail or telephone. If you cancel by sending an e-mail message, be sure you receive an acknowledgement from us that the service has been canceled. There are no cancellation charges.
   
4. WEB HOSTING SERVICE GUARANTEE.
   We guarantee 99.9% uptime or better. If your Web site is not available to the public at least 99.9% of the time in any given month, we will refund the service fee for the period that your site was inaccessible upon request.
   
5. NO SPAM.
   You may not send unsolicited bulk messages, commonly known as "spam". You may not intentionally receive replies from, or distribute information to, any person responding to unsolicited bulk messages. You may not provide support to others who send unsolicited bulk messages (for example, by offering e-mail addresses or bulk mail software for sale). Also, you may not engage in any activities that could cause our computer systems to be added to antispam blacklists, such as the MAPS RBL. Finally, you may not have engaged in these activities elsewhere before opening an account with us.
   
   An "unsolicited bulk message" is defined as one of five or more similar e-mail messages sent within 24 hours to persons with whom you have had no prior communication. By way of example, note that this section of the agreement specifically prohibits:
   
   Promoting your Web site by sending e-mail messages to any list of recipients, unless you have personally verified that each recipient has asked to receive such e-mail from you (purchasing a list of addresses that the seller claims to be "opt in" is not sufficient, as most such lists are fraudulent).
   
6. NO ILLEGAL ACTIVITIES.
   You may not use our services to distribute information that infringes the intellectual property rights of others, to sell products by mail order that cannot be legally sold and shipped within the United States (or any country you deal with), to distribute information that primarily describes illegal activities, to gain unauthorized entry to any computer system, or to perform other illegal activities. All services provided by our company 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 we judge to be threatening or obscene or material protected by trade secret and other statute, and invasion of privacy. The subscriber agrees to indemnify and hold harmless our company from any claims resulting from the use of the service which damages the subscriber or any other party.
   
7. NO HATE SPEECH.
   You may not use our services to distribute material intended to denigrate or defame private individuals or groups of people identified by their race, religion, national origin, gender, or similar group identity. (Non-libelous criticism of public figures is permitted.)
   
8. VIOLATIONS.
   If we determine that you have intentionally violated the NO SPAM, NO ILLEGAL ACTIVITIES, or NO HATE SPEECH provisions of this agreement, we will immediately terminate your use of the services without refund. If you intentionally violate the NO SPAM provision of this agreement, we will also charge you for the time we spend responding to and investigating complaints about your activities, at a rate of $100 per hour. You agree to pay any such charges.
   
9. LIMITATION OF LIABILITY.
   Our entire liability, and your exclusive remedy, with respect to any services provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for the services. We shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use of or inability to use the services, or for the cost of procurement of substitute services.
   
10. CONTENT
    All pornographic content and sex-related merchandising is prohibited on all our servers. This includes sites that may infer sexual content or links to adult content elsewhere. Our company will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
• Pirated software
• Hacker programs or archives
• Warez sites

Our company will be the sole arbiter as to what constitutes a violation of this provision.