Terms&Conditions and Acceptable Use Policy of NextNetwork Solutions Inc. for www.nextnethosting.net and subsidiary websites.

NextNetwork Solutions Inc. provides Internet web page hosting, marketing and development. NextNetwork Solutions Inc. has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.

NextNetwork Solutions Inc.’s general policy is to act as a provider of internet presence. Nextnet has specific ethical concerns regarding the use of its computers detailed below. NextNetwork Solutions Inc. reserves the right to suspend or cancel a customer’s access to any or all services provided by NextNetwork Solutions Inc. when we decide that the account has been inappropriately used.

As part of the hosting plans, a domain registration service can be obtained. Please review our domain registration agreement and uniform domain name dispute resolution policy at the URLs below.

Uniform Domain Name Dispute Resolution Policyterms of use
Registration Agreement

*****Specific Acceptable and Prohibited Use Policies*****

Server abuse

Any attempt to undermine or cause harm to a server or customer of NextNetwork Solutions Inc. is strictly prohibited.

Unauthorized use of other people’s accounts or computers

NextNetwork Solutions Inc. will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a NextNetwork Solutions Inc. customer, whether or not the attacked account or computer belongs to NextNetwork Solutions Inc., will result in action against the attacker. Possible actions include warnings, account suspension or cancellation and civil or criminal legal action, depending on the seriousness of the attack.

Adult Sites, That Place Adult Materials On Their Sites

Any type of pornographic materials, hate materials, adult materials (adult material is not necessary limited to pornography), racial materials, or unlawful practices are prohibited.

Utilization Limitations and / or Unlimited Storage

Any customer who violates NextNetwork Solutions Inc.’s policies in abusing any policy will not necessarily be notified, in rare cases, NextNetwork Solutions Inc. has to temporarily deactivate and / or turn off hosting accounts without prior notification and / or reason. If no action takes place on customer side for initiating reactivation of hosting account and stop abusive usage of service, hosting account will be terminated permanently without refund.

| NextNetwork Solutions Inc. will be the sole arbiter as to what is
| constituted a violation of this provision. |

Commercial advertisements with e-mail unsolicited commercial advertisements are not allowed in e-mail (commonly known as SPAM or UCE) and will result in account suspension or cancellation.

Commercial advertisements are un-welcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. “Spamming,” or sending a message to many different off-topic newsgroups is particularly unethical and will be treated as such breach of this ethical policy.

Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Excepted are opt-in mailing lists where the recipients have explicitly requested to receive advertisements and have an opt-out option. Proof must be made that recipient has opted-in to receive advertisements and / or newsletters in case of complaint.

Chat Rooms

We do allow clients to install their own chat rooms however chat rooms are subject to utilization policy, hence approval with the NextNetwork Solutions Inc. support team prior to utilizing the chat software is strongly recommended.. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. Parachat chat rooms do not apply to this rule. They are perfectly fine to install. Parachat software chatrooms are available from companies such as www.everyone.net (Plug-In-Community) or www.jpilot.com (remote java chat) and do not put any system hogs on our servers.
We currently do not allow IRC or IRC bots to be operated on our servers.

Payment Policies

All accounts are set up on an annual pre-pay basis. The work with account setup and possible domain registration itself is not charged a setup fee unless other wise notified. There is a $25 domain registration (if domain registration is not included free of charge). A free domain registration is provided with all the accounts. Such domain will be registered with NextNetwork Solutions Inc.’s proprietary bulk registration system and may or may not show proprieratery contact information. In any case and in the event customers wish to move their domain name to another provider, NextNetwork Solutions Inc. will not play a hindering role. Customer is welcome to request move of domain name registered through NextNetwork Solutions Inc. to another provider anytime and NextNetwork Solutions Inc. will immediately work on request and initiate process to remove the domain name from NextNetwork Solutions Inc.’s bulk registration system. Customer can then register this domain name with any other provider, as per customer’s preference. The Top Line package includes ANY and ALL fees for the domain name, they do also include the InterNIC fee for the one domain registration since it will be paid in full by NextNetwork Solutions Inc..

NextNetwork Solutions Inc. reserves the right to change prices at any time for *new* customers only. Price increases can only be done during the annual charge and with 30 day notice. Unless other terms have been agreed upon, any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies NextNetwork Solutions Inc. in online writing for a request for termination of services. All payment is in U.S. currency.

Cancellation

NextNetwork Solutions Inc. reserves the right to cancel service at any time due to policy violations. If NextNetwork Solutions Inc. institutes it’s right of cancellation, no pro-rated fees will be refunded or credited as policies have been violated. Each customer is expected to use his/her account for the purpose of maintaining a web site only, with responsibility and respect toward other Internet users. Common sense is the best guide as to what is right and wrong, and it’s the same guide we’ll use when analyzing an event of bad behavior. NextNetwork Solutions Inc. has the right to deny business to a customer, if this customer is being rude to a member of our staff, attempting to re-open an account after the user’s account has been previously cancelled due to a policy violation, constantly creating problems on a server, constantly having billing problems (credit card denied way too often, checks bouncing, etc), demanding or expecting in a rude fashion more than what our service provides or what we can do (“I want you to install X software for me. Do it now or else”, “I want more email accounts for free. I’m the customer and you have to satisfy me. So give me the extra email accounts”, etc etc). Always be polite. If customer is not polite, NextNetwork Solutions Inc. reserves the right to no longer provide customer with web hosting service. If NextNetwork Solutions Inc. decides to stop providing customer service due to any of these reasons, the account will be terminated immediately. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space, server destruction, server damage, devastative behavior, hacking, phreaking, phroning, etc).

Chargeback and Dispute Policy

NextNetwork Solutions Inc. does not allow charge backs to occur to its merchant accounts and contracts with VISA / MC International, American Express Bank Ltd. and Discover Card services. It is not recommended to initiate a charge back hence customer agreed to AUP (this document) and Terms&Conditions as outlined in this document and NextNetwork Solutions Inc. will use this document and customer’s agreement at the time of order to wholeheartedly fight a charge back and / or dispute. Any dispute / charge back attempts will immediately result in suspension of web hosting account and another charge applied to the customer credit card under the same order / authorization number. NextNetwork Solutions Inc. reserves the right to re-charge customer credit card anytime in event of a dispute and / or charge back process.

Lawful Purpose

NextNetwork Solutions Inc. reserves the right to refuse service to anyone. Customers may only use NextNetwork Solutions Inc.’s servers for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene and material protected by trade secrets. NextNetwork Solutions Inc. expressly forbids anyone from using NextNetwork Solutions Inc. servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, adult OR pornographic material, or any other material which we deem to be objectionable, including, but not limited to, again – pornography, again – adult materials, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of NextNetwork Solutions Inc. management.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold NextNetwork Solutions Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against NextNetwork Solutions Inc., its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless NextNetwork Solutions Inc. against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with NextNetwork Solutions Inc.’s servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from NextNetwork Solutions Inc.’s server.

Disclaimer

NextNetwork Solutions Inc. will not be responsible for any damages your business may suffer. NextNetwork Solutions Inc. makes no warranties of any kind, expressed or implied for services we provide. NextNetwork Solutions Inc. disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by NextNetwork Solutions Inc. and its employees. NextNetwork Solutions Inc. reserves the right to revise its policies at any time without prior notification.

All Sub-Networks, resellers, clients, customers and dedicated servers of NextNetwork Solutions Inc. and / or Brookwell Services must adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation.