2. Premier Internet Services reserves the right to change fees at any time.

3. Premier Internet Services is not responsible for lost revenue, traffic, or data caused by server down time or failure, domain name transfers, or any other error - mechanical or human.

**CUSTOMER FULLY UNDERSTANDS THAT CUSTOMER IS ULTIMATELY RESPONSIBLE FOR THE BACKUPS OF ALL OF THEIR WEBSITE DATA AND CUSTOMER CANNOT HOLD LIABLE PREMIER INTERNET SERVICES FOR THE LOSS OF SUCH DATA.

4. Customers of Premier Internet Services are forbidden from partaking in an "abusive practice."  The following is a list of current abusive practices.  Premier Internet Services reserves the right to add to or modify this list at any time.

• Sending unsolicited commercial e-mail with your account.  Also, a violation is incurred if any unsolicited email is reported relating to your domain with us in anyway, regardless of what SMTP (outgoing mail server) was used to transmit the message.
• Upload, posting or reproducing in any way materials protected by copyright without the permission of the copyright holder.
• Uploading or creating any exploitable or aggressive materials on our shared webhosting platform is strictly prohibited.  Any tools we locate that may be used to exploit the operating system, or any operating system, will result in immediate account termination.  This includes eggdrop bots, buffer overflow programs, devices to attack or harass other internet users, and many other items.  Premier Internet Services reserves the complete discretion to determine what materials fall under these headings.

Participating in an abusive practice will lead to an immediate account termination without prior notice or refund of any pre-payment.

5.) Customers of Premier Internet Services are to use our email services as an means of transport between themselves and their recipients. Our shared email servers are not storage servers nor bulk email servers for your use.  For this reason each account is limited to 120 connections per hour, 1500 emails per day and no more than 500 in any one hour period. Also we are not responsible for any loss of emails if you abuse this policy as we reserve the right to purge an Inbox if that email account is using more than 50 MB of space. This policy is in effect because of the sheer risk of what email can do to a shared server. The memory/CPU overload & lack of resources it can cause can lead to putting a couple hundred sites out of business.

6.) Customers of Premier Internet Services are bound to all system policies not specifically listed within this agreement.  A list of all policies can be found at http://www.premierdomain.com/policies.html and is also available via fax upon request.  Violation of any of these system policies will result in an immediate account cancellation without refund or access to hosted files.

7.) This agreement is not assignable or transferable without the express written consent of Premier Internet Services.

8.) Premier Internet Services hosting services may only be used for lawful purposes.  Transmission of any material in violation of any U.S. or any state regulation is prohibited.  This includes but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. 

The client specifically agrees to indemnify and hold harmless Premier Internet Services from any claim resulting from a breach of these terms, and/or the use of the service which damages another.

8.) This agreement shall be governed by the Laws of the State of California.  Any action in regard to this agreement or arising out of its terms and conditions shall be instituted and litigated in the California District Court for San Diego County.  Each of the parties consents to jurisdiction in such Court and agrees that service of process as provided by the states and rules of civil procedures of California shall be sufficient. 

9.) This agreement constitutes the entire agreement between the parties hereto