Terms of Service and Acceptable Use Policy

Haven’s Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what Haven expects of them while using the Service. All users of Haven’s Internet Services: those who access some of our Services but do not have accounts, as well as those who pay a Service/hosting fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).

Use of Haven’s Services constitutes acceptance and agreement to Haven’s AUP as well as Haven’s TOS (Terms of Service)

IMPORTANT NOTICE: All Payments To IdeaOverTen, LLC Are Non-Refundable. Domain Name purchases and hosting are non-refundable under any circumstances.

ALL WEB SITE PACKAGES, CUSTOM WEB WORK, MARKETING, HOSTING, MONTHLY GATEWAY SERVICES FEES, MERCHANT ACCOUNT AND GATEWAY APPLICATION AND LICENSE FEES AND ONLINE CHECK SYSTEMS (eCheck) APPLICATION MUST BE PREPAID AND ARE NON-REFUNDABLE. HOSTING AND MARKETING SERVICES CAN BE CANCELLED BY PROVIDING A 30-DAY WRITTEN NOTICE OF INTENT eMAILED OR MAILED TO IdeaOverTen, LLC. WE-BUILD MUST BE PAID IN FULL BEFORE THE CART IS BUILT. INTERNET MARKETING SERVICE FEES MUST BE PREPAID IN FULL EXCEPT MAINTENANCE PLANS. MARKETING, HOSTING AND SECURE GATEWAY RECURRING FEES ARE DUE ON THE 1st OF EACH MONTH. ANY FEES NOT PAID BY THE 5TH OF EACH MONTH WILL INCUR A $10 LATE CHARGE.

We support the uncensored flow of information and ideas over the Internet and do not actively monitor Subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the Services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Haven may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Haven account or other actions as detailed below WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understand of Haven’s Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Haven’s AUP:

• Comply with existing laws
• Ensure reliable Service to our customers
• Ensure security and privacy of our systems and network, as well as the networks and systems of others
• Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet Services
• Maintain our reputation as a responsible Service provider
• Preserve the value of Internet resources as a conduit for free expression and exchange of information
• Preserve the privacy and security of individual users

Haven intends to provide its customers access to everything the Internet has to offer. While the Haven is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the Haven and the Internet and cannot be permitted under the guise of free speech. The resources of the Haven and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Service.

You may not use your dedicated rack or virtual site to publish material, which IdeaOverTen, LLC determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a Haven account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your Service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of Service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at abuse@ideaoverten.com.

I. VIOLATIONS OF HAVEN'S ACCEPTABLE USE POLICY

The following constitute violations of this AUP:

1. Illegal Use: Haven’s Services may not be used for illegal purposes, or in support of illegal activities. Haven reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

2. Harm to Minors: Use of the Haven Service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

3. Threats: Use of the Haven Service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

4. Harassment: Use of the Haven Service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

5. Fraudulent Activity: Use of Haven Service to make fraudulent offers to sell or buy products, items, or Services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

6. Forgery or Impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

7. Unsolicited Commercial E-mail / Unsolicited Bulk E-mail (SPAM): Use of the Haven Service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Haven account.

IMPORTANT NOTICE: Anyone hosting websites or Services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

8. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail Services or news will result in the immediate termination of the offending Haven account.

9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Haven Service is in violation of this AUP.

10. Usenet Spamming: Haven has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

11. Unauthorized Access: Use of the Haven Service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Haven’s or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Haven account is subject to immediate termination.

12. Copyright or Trademark Infringement: Use of the Haven Service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

13. Collection of Personal Data: Use of the Haven Service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

14. Network Disruptions and Unfriendly Activity: Use of the Haven Service for any activity which affects the ability of other people or systems to use Haven’s Services or the Internet. This includes "denial of Service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, Services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another Company and/or individual's computer system will result in immediate account termination. Haven will not tolerate any Subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

15. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

16. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

17. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

18. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Haven Services could result in suspension Service.

19. Third Party Accountability: Haven Subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

20. Violation Of Haven Virtual Accounts: It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

II. Security: You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

• Your password provides access to your account. It is your responsibility to keep your password secure.
• Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of Service.
• You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
• You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
• You may not attempt to interfere with Service to any user, host or network ("denial of Service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a Service, and attempts to "crash" a host.
• Users who violate systems or network security may incur criminal or civil liability. Haven will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

lll. Network Performance: Haven accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Haven systems or networks. Haven reserves the right to terminate or limit such activities.

lV. REPORTING VIOLATIONS OF HAVEN'S AUP: Haven requests that anyone who believes that there is a violation of this AUP direct the information to the IdeaOverTen, LLC Abuse Department at abuse@ideaoverten.com.

If available, please provide the following information:

• The IP address used to commit the alleged violation
• The date and time of the alleged violation, including the time zone or offset from GMT
• Evidence of the alleged violation

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Haven may take any one or more of the following actions in response to complaints:

• Issue written or verbal warnings
• Suspend the Member's newsgroup posting privileges
• Suspend the Member's account
• Terminate the Member's account
• Bill the Member for administrative costs and/or reactivation charges
• Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

V. REVISIONS TO THIS ACCEPTABLE USE POLICY: Haven reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

Terms of Service

IMPORTANT NOTICE:

All Payments To IdeaOverTen, LLC Are Non-Refundable.

ALL WEB SITE PACKAGES, CUSTOM WEB WORK, MARKETING, HOSTING, MONTHLY GATEWAY SERVICES FEES, MERCHANT ACCOUNT AND GATEWAY APPLICATION AND LICENSE FEES AND ONLINE CHECK SYSTEMS (eCheck) APPLICATION MUST BE PREPAID AND ARE NON-REFUNDABLE. HOSTING AND MARKETING SERVICES CAN BE CANCELLED BY PROVIDING A 30-DAY WRITTEN NOTICE OF INTENT eMAILED OR MAILED TO IdeaOverTen, LLC. WE-BUILD MUST BE PAID IN FULL BEFORE THE CART IS BUILT. INTERNET MARKETING SERVICE FEES MUST BE PREPAID IN FULL EXCEPT MAINTENANCE PLANS. MARKETING, HOSTING AND SECURE GATEWAY RECURRING FEES ARE DUE ON THE 1st OF EACH MONTH. ANY FEES NOT PAID BY THE 5TH OF EACH MONTH WILL INCUR A $10 LATE CHARGE.

IdeaOverTen, LLC ("The Company" or “Haven”) agrees to furnish Services to the Subscriber, subject to the following TOS (Terms of Service). Use of Haven Service constitutes acceptance and agreement to Haven’s AUP as well as Haven’s TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Haven 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 Commonwealth of Pennsylvania, County of Lehigh applicable to contracts enforceable in that state. Venue will be Allentown, Pennsylvania.

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 Haven 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.

Payment: Establishment of this Service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the 1^st  of the month for that month's Service.

Payments and Fees: Credit cards that are declined for any reason are subject to a $10.00 declination fee. Accounts that are more than 10 days past due are subject to disconnection without notice. Service interrupted for nonpayment is subject to a $75 reconnect charge. Accounts not paid by due date are subject to a $10.00 late fee. Accounts that are not collectable by Haven 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 Haven are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Haven’s sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Haven 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.

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 Haven Internet Services, Inc. Attn: Cancellations, 3140-B Tilghman Street/#277, Allentown, PA 18104 or you may call or fax the cancellation request to 866.864.2836 or email the request to cancellation@ideaoverten.com. You must have all account information to cancel.

New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Haven on behalf of the account holder a handling fee may be incurred.

Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to Haven will require a minimum of seven (7) days to be set up and entered into our DNS 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 transfer of the domain is done by Haven on behalf of the account holder a handling fee may be incurred. If the customer cancels Service during the transfer period for any reason, all charges are considered earned.

Support Boundaries: Haven provides 24x7 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: Haven provides support related to your server or virtual site physical functioning. Haven does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Haven does not provide technical support for YOUR customers. If you can email, we encourage you to email support@ideaoverten.com  for assistance. 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): Haven 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 Haven may not use or permit others to use our network to transact in UCE. Customers of Haven 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.

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

b. 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 Haven personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

c. As our Customers are ultimately responsible for the actions of their clients over the Haven network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE: Anyone hosting websites or Services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

VI. Network

IP Address Ownership: If Haven assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Haven, and Customer shall have no right to use that Internet Protocol address except as permitted by Haven in its sole discretion in connection with the Services, during the term of this Agreement. Haven shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Haven, and Haven reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's 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 this 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.

Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form. Haven will monitor Customer's bandwidth and disk usage. Haven shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Haven’s sole and absolute discretion. If Haven takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Haven may, at its sole discretion, collect a deposit, in an amount determined by Haven, against customer's credit card on file with Haven.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the Haven Network. Violations of system or network security may result in civil or criminal liability. Haven will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation: Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Attempting to interfere with Service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Taking any action in order to obtain Services to which such User is not entitled.

Notification of Violation: Haven 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 Haven 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 Haven’s discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations. Second Violation: Users that Haven 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. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of Service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Suspension of Service or Cancellation: Haven reserves the right to suspend network access to any customer if in the judgment of the Haven 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 Haven 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. Haven reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Haven 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. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification: Haven wishes to emphasize that in agreeing to the Haven Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies Haven for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to Haven or the bringing of any claim against Haven by any third-party. This means that if Haven is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Haven, 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. Haven takes no responsibility for any material input by others and not posted to the Haven Network by Haven. Haven is not responsible for the content of any other websites linked to the Haven Network; links are provided as Internet navigation tools only. Haven 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. Haven is not responsible for any damages your business may suffer. Haven does not make implied or written warranties for any of our Services. Haven 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 Haven. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

Responsibility for Content: You, as Haven’s customer, are solely responsible for the content stored on and served by your Haven server(s) or web site(s).



ADDITIONAL TERMS & CONDITIONS

The IdeaOverTen, LLC Installation Agreement is subject to the following Terms and Conditions:

1.   Software as used here is defined as any web site or shopping cart or any of the web tools or other products or services developed, installed or maintained by IdeaOverTen, LLC.

2.   The Purchaser (End User) will not use the Software in any way that violates any international, federal, state or local laws, including without limitation, laws dealing with copyrights, indecent material, misrepresentation or other illegal or improper purposes. End User shall not use the Software for sending unsolicited eMail messages or advertising (Spam).

3.  In the event Purchaser is in violation of the terms of this IdeaOverTen, LLC Installation Agreement, this Agreement may be terminated at the option of IdeaOverTen, LLC, except that HAVEN INTERNET SERVICES shall have the right to collect any unpaid fees pursuant to this IdeaOverTen, LLC Services Installation Agreement. Upon notice to the Purchaser, Purchaser shall make arrangements to have its data removed from IdeaOverTen, LLC’ servers and thereafter IdeaOverTen, LLC shall have no further responsibility to maintain Purchaser’s data.

4.   Purchaser agrees to indemnify and hold HAVEN INTERNET SERVICES harmless against, and in respect of, any and all claims, losses, expenses, costs, obligations, and liabilities IdeaOverTen, LLC may incur by reason of Purchaser’s failure to perform any of its commitments or covenants set forth in this IdeaOverTen, LLC Installation Agreement. If a party brings forth suit to enforce this indemnification provision, the indemnifying party shall be liable for all costs and expenses, including fees of attorneys incurred in prosecuting such action (or any appeal thereto), and such costs and expenses shall be included in any judgment that may be rendered.

5.   Except as set forth herein, neither IdeaOverTen, LLC SERVICES nor their authorized agents shall be liable for consequential, incidental, special, indirect, direct or other damages, including without limitation, loss of revenues or profit, lost or damaged data or loss of Purchaser’s data or down time, as a result of the use of the software or other services or equipment of IdeaOverTen, LLC SERVICES. If the software is proven to be defective or it is proven that IdeaOverTen, LLC is negligent in maintaining the software, no damages or liabilities will be incurred against IdeaOverTen, LLC SERVICES nor their authorized agents.

6.   This Agreement shall be governed by, interpreted and construed in all respects in accordance with and under the laws of the State of Pennsylvania. The parties hereto agree that, with respect to any claim arising out of this Agreement, such claims shall be submitted for dispute resolution in Allentown, Pennsylvania. In the event of a dispute under this Agreement, the parties agree that any dispute shall be resolved by arbitration according to the rules of the American Arbitration Association. The arbitration hearing shall be held in Allentown, Pennsylvania. One arbitrator shall be appointed, who shall be an attorney with at least 15 years experience with offices in Allentown, Pennsylvania.

7.   Purchaser’s right to use software shall be nontransferable. This Installation Agreement contains the entire agreement between the parties and supersedes any prior oral or written agreement between the parties. The persons who have executed this Installation Agreement represent and warrant that they are authorized to sign in their individual and/or representative capacity as indicated.

8.   All web site or shopping cart content is the responsibility of the Client/Purchaser.  Any error(s) or omission(s) in provided content is the responsibility of Client/Purchaser. Resulting changes to original content due to errors or omissions in Client/Purchaser provided materials will be billed at prevailing Rent-A-Pro rates.

9.   Client/Purchaser delays in providing IdeaOverTen, LLC Services any web site or shopping cart content will result in project completion delays and are not the responsibility of IdeaOverTen, LLC.  Any project delay caused by Client/Purchaser will subject the project to be placed in queue for the next available time slot for completion at the discretion of IdeaOverTen, LLC.

10.   Interest shall accrue monthly and the ANNUAL PERCENTAGE RATE OF 18 PERCENT PER ANNUM on all amounts that are not paid when due. Purchaser agrees to pay all court costs, collection costs, and attorney fees incurred in collecting amounts due pursuant to this Installation Agreement.

11.   FREE Domain Name only applies if the Domain Name is purchased by IdeaOverTen, LLC for Client at the time of software purchase.  To qualify for FREE Domain Name offer of currently owned domain name, Purchaser must transfer their domain name to the IdeaOverTen, LLC registration service. Purchaser will be responsible to pay all charges for the transfer of their current domain name to the IdeaOverTen, LLC registration service following execution of this Installation Agreement.  Purchaser, not IdeaOverTen, LLC, will own the Domain Name.  IdeaOverTen, LLC will be responsible for annual renewals as long as the Purchaser hosts their web site and/or eCommerce site with IdeaOverTen, LLC and remains in good standing and paid to date.  Client is responsible for notifying IdeaOverTen, LLC of renewal date.  Client may elect to renew their own domain name through the IdeaOverTen, LLC registration service in which case Haven will deduct the annual renewal fee from their monthly hosting fee.  This offer is ONLY for annual renewals.  Haven Internet Services is not responsible for longer term Domain Name purchases or renewals.  Long term domain name purchases and renewals are available but must be paid by Purchaser without compensation from Haven Internet Services.

12.  If Purchaser elects to establish a merchant account, Purchaser authorizes merchant account provider or its agents to obtain any needed credit information from any major credit reporting agency. If an application is signed, the Purchaser will abide by the terms and conditions of the merchant agreement.

13.   Purchaser is aware of the monthly hosting fees stated in this Agreement and authorizes HAVEN INTERNET SERVICES or any vendors of IdeaOverTen, LLC SERVICES to deduct these fees directly from the Purchaser’s checking account or to charge Purchaser’s valid credit card.

14.   Automatic Drafting Account: Per this Agreement, Purchaser has agreed that IdeaOverTen, LLC or any vendors of IdeaOverTen, LLC shall directly debit Purchaser’s business checking account and/or credit card for contractual services, hosting fees and other charges. The information required is contained on one of your business checks and / or supplied with this Agreement.

15.   Merchant Account and Gateway fees are not included in the hosting fee.  Merchant Account Bank and Gateway Provider shall debit any appropriate fees directly from Purchaser’s business checking account and/or credit card as provided in separate Merchant Service Provider Agreement.  Only USAePay gateway clients will be billed for the gateway portion of their merchant services directly by IdeaOverTen, LLC Services.

16.   This Agreement shall be renewed automatically on a month-to-month basis provided the Purchaser is current on all monthly hosting fees due to HAVEN INTERNET SERVICES and all of its subsidiary companies.

17.   Customer Service / Technical Support will begin within 24 hours of the execution of this Purchase Agreement.

18.   This Agreement can be terminated by Purchaser or IdeaOverTen, LLC, in writing upon 30 days prior written notice of the renewal date. This contract can be immediately terminated by either party in the event that the other party ceases conducting business in the normal course, is insolvent, files a petition in bankruptcy or becomes subject to any proceeding for the protection of the rights of its creditors. This will not effect the lease agreement, not shall any portion of the initial payments be returned.

19.  NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH RESPECT TO THIS AGREEMENT, UNLESS SPECIFICALLY SET FORTH HEREIN.

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.