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The Always Online Terms of Service is a legal document that details your rights and
obligations as a Always Online Member. The Always Online Web Site and related services
are offered to you conditioned upon your acceptance without modification of these Terms of
Service. The Terms of Service provide very important information about your Always Online
membership, so you should take the time to read and understand them.

From time to time, it may be necessary for Always Online to update or revise certain provisions of the Terms of Service. By joining Always Online and accepting the Terms of Service, you agree that Always Online may change the terms of the Terms of Service in its sole discretion without specific notice to you. If you don't agree to the changes proposed by Always Online, or to any terms in the Terms of Service, your only remedy is to cancel your Always Online membership.

Description of Service
Always Online operates this Web site and associated web pages which, for purposes of these Terms of Service, will be referred to as the "Always Online Web Site." Always Online offers you access to the Always Online Web Site which provides you access to a collection of on-line resources, including Web site hosting services (the "Service"). Always Online offers you access to the Always Online Web Site in exchange for your payment of the applicable fees and your agreement to accept and comply with the terms, conditions, and notices stated here and as may be modified by Always Online from time-to-time in its sole discretion without notice to you. Notwithstanding the foregoing, Always Online reserves the right to reject any Member registration for any reason. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to these Terms of Service.
General Use of the Always Online Web Site
You promise that you will not use the Always Online Web Site, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Service. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Web site, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Always Online Web Site other than for use in creating the Member Web Site in accordance with these Terms of Service. This means, among other activities, that you agree not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the Service in any manner that could damage, disable, overburden, or impair the Always Online Web Site or interfere with any other party's use and enjoyment of the Always Online Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Always Online Web Site. Except with the written permission of Always Online, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Always Online Web Site. Unauthorized individuals attempting to access prohibited areas of the Always Online Web Site may be subject to prosecution.
Charges and Billing
You hereby authorize Always Online to charge your credit card in advance for all applicable fees incurred by you in connection with your Always Online account and the service you have chosen. In most cases, we will be charging your designated credit card every month, but some charges may accumulate on your account before they are charged to your card. It is your responsibility to notify Always Online if your credit card has expired and to make changes or your service may be disconnected or interrupted. All fees shall be paid in U.S. dollars.

Always Online reserves the right to change our fees or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after Always Online posts such modification on the Always Online Web Site. Always Online also has the right to collect applicable taxes and impose premium surcharges for some areas of the service and these surcharges may apply immediately after you register for the Service. You may cancel your membership at any time, but Always Online will not refund any remaining portion of your pre-paid fees when you cancel your membership and you may be charged a cancellation fee. Always Online will, however, continue to provide the Service to you for the duration of any pre-paid period. If you have joined Always Online as a trial member, you should understand that to avoid being charged a recurring membership fee, you must cancel your account before the trial period expires.

We expect you to pay your account balance on time. Amounts not paid by you to Always Online when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that Always Online may incur in its efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding balances if you cancel your membership or are terminated. You should let Always Online know about any billing problems or discrepancies within thirty (30) days after they first appear on your account statement. If you do not bring them to Always Online's attention within thirty (30) days, you agree that you waive your right to dispute such problems or discrepancies.
Registration / Privacy Policy
In order for you to participate in the Service, Always Online will require that you provide specific information about yourself and/or your business. If you choose to participate and build your own Web site ("Member Web Site"), you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity (such information being "Member Data"). Member Data and certain other information about you and/or your business are subject to our Privacy Policy. You agree and acknowledge that Member Data from the registration process is used to send you information about Always Online and the Service, including, but not limited to, the use of your email address for newsletters and other necessary company communication.

Although privacy issues are very important to us, given the current regulatory and technical environment you should not have an expectation of privacy in your Member Web Site or any content or Member Data associated with it. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept your private communications. We cannot ensure that all private communications or information associated with your Member Web Site will remain private.
Storage and Usage
You acknowledge that Always Online may, from time to time, establish general practices and limits concerning the use of the Service, including without limitation, (i) the maximum number of days that email messages, guest book entries, discussion board postings or other content posted on your Member Web Site will be retained by Always Online and (ii) the maximum limits on bandwidth usage that will be allotted to you. You agree that Always Online has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. You further acknowledge and agree that Always Online reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Content Submitted to Always Online
The Always Online Web Site includes a number of venues such as Member Web Sites and web pages, discussion boards and/or other message or communication facilities designed to enable you to disseminate and exchange thoughts and opinions to and with other members of the public. Since Always Online firmly believes in the value of free and open dissemination and exchanges, it is under no obligation to monitor, pre-screen, or otherwise censor your thoughts and opinions. Therefore, Always Online cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. Always use caution when posting any personally identifying information about you or your employees on the Always Online Web Site or any Member Web Sites.
Member Conduct
The Service is provided to assist you with the operation of your business. Your right to use the Service is personal to you, your company and its employees. You, and not Always Online, are entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Member Content") posted via the Service. Always Online does not control the Member Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. Always Online reserves the right, but is not obligated to review the Member Content posted via the Service and to refuse or remove any such materials in its sole discretion, without notice at any time. Always Online also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, from the Member Content in Always Online's sole discretion. With respect to the content on your Member Web site you agree not to:
1. post, upload or otherwise transmit any content which is misleading to others or impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity to others, including, but not limited to, consumers;
2. post, upload or otherwise transmit any content that is inappropriate, harmful to minors, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, sexually explicit, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
3. post, upload or otherwise transmit any content that you do not have a right to post and transmit under any law or under contractual or fiduciary relationships (such as information learned or disclosed as part of employment relationships or under nondisclosure agreements);
4. post, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
5. post, upload or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment and/or attempt to access the accounts of others, or attempt to penetrate security measures of Always Online, its vendors or suppliers or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data
6. post, upload or otherwise transmit any materials that impose an unreasonable or disproportionately large load on our infrastructure that exceed the limits provided by your membership;
7. post, upload or transmit any unsolicited or unauthorized advertising, promotional materials, "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
8. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
9. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
10. forge any headers or other manipulation of identifiers in order to disguise the origin of any content transmitted through the service;
11. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
12. resell, rent, license, lend, transfer or otherwise grant access to Always Online to any other person or exploit for any commercial purpose Always Online's services by any and all means.
13. sell, distribute, disseminate or link to any sites for marketing, sales, distribution of: firearms, explosives, ammunition, liquor, and tobacco products that (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold via your Member Web Site could cause Always Online to violate any law, statute or regulation.
Discussion Boards
As part of its service, Always Online provides its Members with a venue and an opportunity to participate in discussion boards. It is inappropriate to post material on the boards that is inconsistent with our community standards. Examples of inappropriate posts include, but are not limited to, the following examples:
1. Posting contact or personal information about another individual without permission
2. Posting material containing profanity, vulgarity, hate speech, or threats of violence.
3. Posting material (graphic or text) that is obscene, pornographic or adult in nature.
4. Using JavaScript, active or other coding, making repetitive posts, or other actions that interfere with site operations.
5. Posting items that infringe the intellectual property rights of a third party without the permission of the owner.
6. Posting material that in any way violates these Terms of Service, Always Online's Privacy Policy or Always Online's Copyright Policy.
7. Any material that is in violation of any law or in breach of any contract.
Always Online may suspend an account from the threaded boards without suspending them from the site; however, a Member suspended for violating policies on the non-threaded boards will have their account suspended from the entire site due to the existing setup of the system. Always Online may suspend any Member who has been previously warned of board policy violations or refuses to follow Always Online staff instruction or direction, though we reserve the right to suspend a Member immediately depending on the violation.
Third Party Content
For your convenience, the Always Online Web Site contains content and information from third party providers and/or links to their Web sites ("Third Party Content"). Such content is not under the control of Always Online and Always Online is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. Always Online does not pre-screen contain available on the Always Online Service and does not assume any responsibility or liability for the content provided by others. Always Online is providing such Third Party Content to you only as a convenience, and the inclusion of such content does not imply endorsement by Always Online of such content or the affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use third party services, content, software, or sites. Always Online does reserve the right to remove content that, in Always Online's judgment, does not meet its standards, but Always Online is not responsible for any failure or delay in removing such material.

Always Online is not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release Always Online (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE AND OUR SUPPLIERS PROVIDE OUR SERVICE, THE Always Online WEB SITE AND YOUR MEMBER WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
2. Always Online AND OUR SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, THE Always Online WEB SITE OR MEMBER WEB SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Always Online AND/OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF Always Online OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU IN NO EVENT SHALL Always Online BE LIABLE TO MEMBER OR ANY THIRD PARTY IN AN AGGREGATE AMOUNT GREATER THAN THE AMOUNT MEMBER ACTUALLY PAYS TO Always Online UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS. Without limiting the foregoing, neither Always Online nor its suppliers is responsible for any of your data residing on Always Online or its suppliers' hardware. You are responsible for backing-up your data and information that may reside on the Always Online or its suppliers' hardware, whether or not such information is produced through the use of Always Online. It is your responsibility to take the necessary steps to ensure your primary means of business is maintained.
Proprietary Rights
Always Online does not claim ownership of the Member Content you provide to Always Online or place on your Member Web Site. However, you grant Always Online a worldwide, royalty-free, non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display the Member Content on and through the Always Online Web Site and in Always Online's promotional or advertising materials only for the limited purpose of promoting the Service, and (ii) sublicense to third parties such Member Content to the extent necessary for the creation and maintenance of, in part or in whole, such Web sites. No compensation will be paid or due you with respect to Always Online's or its sub licensee's use of the materials as licensed above. By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through any Member Website, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant Always Online the license set forth above, and you will defend and indemnify Always Online and its suppliers from any third party claim related to a breach of any of the foregoing representations and warranties.
Always Online Software Licenses
Always Online may provide you with a non-exclusive, non-transferable, limited license to use Always Online's software, which you agree to use in accordance with these Terms of Service. You may not sub-license, or charge others to use or access, our software without first obtaining written permission from us. All software is owned by Always Online and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification or redistribution of the software is expressly prohibited, and may result in severe civil and criminal penalties. Always Online's software, its structure, sequence and organization and source code are considered trade secrets of Always Online and its suppliers and are protected by trade secret laws. WITHOUT LIMITED THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTIONS OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT RECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
Indemnification
You agree to indemnify and hold Always Online and its suppliers, affiliates, partners, subsidiaries, employees harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), made by any third party due to or arising out of (i) your violation of these Terms of Service; and (ii) any information, included but not limited to Member Data, and your publicly posted information, submitted, posted, or otherwise provided by you to your Member Web Site and/or Always Online and/or its affiliates. These obligations will survive any termination of your relationship with Always Online or your use of the Always Online Web Site. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Always Online and/or its suppliers, affiliates, partners, subsidiaries and employees.
Copyright and Trademark Notices
All materials on the Always Online Web Site (as well as the organization and layout of the Always Online Web Site) are owned and copyrighted or licensed by Always Online, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the Always Online Web Site is permitted without the written permission of Always Online. Any rights not expressly granted herein are reserved.

Always Online, always-online.com, Always Online, always-usa.com, the Always Online logo, always-onlineusa.com, and other Always Online logos and product and service names are trademarks of Always Online LLC. (the "Always Online Marks"). Without Always Online's prior permission, you agree not to display or use in any manner, the Always Online Marks.
Notification of Claims of Copyright Infringement
Any notifications of claimed copyright infringement should be sent to Always Online's Registered Agent.
Modification
Always Online reserves the right at anytime and from time to time to modify, discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Always Online shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You further agree that Always Online shall have the right to remove Elements from your Member Web Site, with or without notice to you, at any time at our sole discretion, if we discontinue offering the Element for any reason.
Termination and Cancellation
Either you or Always Online may terminate or cancel your membership at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Always Online. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of these Terms of Service or Always Online's enforcement or application of any such term; (2) any policy or practice of Always Online, including Always Online's Privacy Policy and Copyright Policy, or Always Online's enforcement or application of these policies; (3) the content available through Always Online or any change in content provided through Always Online; (4) your ability to access or use the Always Online Web Site or your Member Web Site; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. All other provisions of this Agreement which may reasonably be construed as surviving such termination will survive the termination of this Agreement.

You further agree that Always Online, in its sole discretion, may terminate your Member Web Site, your Always Online account or your use of the Service for any reason, including, without limitation, if you breach these Terms of Service, if we are unable to verify or authenticate any information you provide to us, or if Always Online believes that you have violated or acted inconsistently with the spirit of these Terms of Service. We may also terminate your Member Web site and/or Always Online account if we decide, in our sole discretion, to discontinue offering our services. If you violate any of these Terms of Service you will forfeit all credits, pre-paid fees, and any other amounts accruing to you (if any).

You can cancel your membership only by emailing support@always-online.com or webmaster@always-online.com . Always Online reserves the right to collect fees, surcharges or costs incurred before you cancel your Always Online membership in addition to the applicable cancellation fee(s).
General Information
These Terms of Service shall be governed in all respects by the laws of the State of North Carolina, U.S.A. as such laws are applied to agreements entered into and to be performed entirely within North Carolina between North Carolina residents. Both parties submit to exclusive jurisdiction and venue in the courts located in San Mateo County, North Carolina and further agree that any cause of action arising under these Terms of Service shall be brought in a court in San Mateo County, North Carolina. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer these Terms of Service or your rights in your Member Web Site, and any attempt to the contrary is void. These Terms of Service sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The services hereunder are offered by Always Online LLC., located at 589 McCarthy Blvd, New Bern, NC 28560
Information for California Residents
Under California Civil Code Section 1789.3, California Members are entitled to the following specific consumer rights information:
1. Pricing Information - Current rates for using Always Online may be obtained by going to the pricing schedule on the Always Online Web Site. Always Online reserves the right to change any fees, surcharges, monthly membership fees or to institute new fees at any time.
2. Complaints - The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
Violations
Please report any violations of these Terms of Service to support@always-online.com
Independent Review
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT YOU AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.

The following is a list of additional Terms of Service information for some specific Always Online products and services. These additional Terms of Service are in addition to the above information.
Internet Domain Names
Always Online has chosen ItsYourDomain.com, accredited registrar for .com, .net and .org domain names, to provide domain name registration services. InnerWise, Inc., d/b/a ItsYourDomain.com, (hereinafter "ItsYourDomain.com") is an accredited registrar by the Internet Corporation for Assigned Names and Numbers ("ICANN").You hereby authorize Always Online to acquire your selected domain name from ItsYourDomain.com. In order to receive a domain name, you must agree to ItsYourDomain.com' terms and conditions as may be amended. You understand that you are creating a separate contractual relationship between you and ItsYourDomain.com, and that you, and not Always Online, are responsible for all liability, and obligations in connection with that relationship.

You will be listed as the registrant and administrative contact in connection with your domain name. You hereby authorize Always Online to list itself as the technical contact and name servers in connection with your domain name and to take any actions Always Online deems appropriate in those capacities. However, on termination of the Service, Always Online will immediately cease acting in those capacities. After such time, Always Online will not be responsible to forward any notices, emails or other correspondence to you or to take any other actions in connection with your domain name. You will be solely responsible for all ongoing fees, as well as removing Always Online as the billing, technical contact and name servers in connection with your domain name.
Email - Acceptable Use
1. Definitions
  1. "Member" refers to the business entity that has contracted with Always Online for e-mail services. Each Member may have multiple domain accounts and each domain account may have one or more End User.
  2. "End User" refers to the person, persons, or entity using a specific account (designated by a unique e-mail address) within a domain controlled by the Member and operated by Always Online.
2. Unsolicited Bulk E-mail
  Any Member who sends unsolicited advertisements or solicitations, commercial or otherwise, may have their account disabled and be disallowed further service. The Member is responsible for ensuring that the email services obtained from Always Online are used in an appropriate manner by their End Users. Therefore, the Member must take steps to manage the use of the services obtained in such a way that network abuse is minimized. The Member must also make contact information publicly available, and must respond in a timely manner to any complaints. Always Online shall consider any complaints regarding the Member's End Users to apply to the Member. In extreme cases, Always Online operations personnel have the option to immediately disable any account in order to forestall further abuse or damage to e-mail systems. Should this occur, the Member shall be notified as soon as possible.
  
  Unsolicited advertisements or solicitations sent from other networks which reference e-mail accounts hosted at Always Online shall be treated as if they originated from the account referenced, unless there is sufficient reason given for Always Online operations staff to believe that the message truly originated with some unrelated party. Likewise, postings made to the usenet newsgroups or other online forums which reference e-mail accounts hosted at Always Online, and are deemed to be inappropriate according to the local ethical standards of that forum, may be treated in the same manner as unsolicited bulk e-mail above.
3. Filtering of Incoming E-mail
  As owner of the equipment and other resources utilized to provide services, Always Online has the legal right to block electronic communications from other entities on the Internet. Members should be aware that such blocking or filtering might take place if deemed necessary by designated members of the Always Online operations staff (or a third party chosen by Always Online and made known to the Member.) Whenever possible, the party being blocked shall be made aware of such action before it occurs.
4. Illegal Activities
  Email services offered may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or of state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Always Online reserves the right to cooperate with law enforcement and other legal authorities in investigating claims of illegal activity. Always Online and its suppliers will not release any information regarding our Members (excepting that which is public knowledge, such as the InterNIC's WHOIS database) or their End Users to any third party except upon presentation of a valid court order from a government or legal entity with proper jurisdiction. The Member agrees that Always Online's judgment as to the validity of any such order shall be considered proper and final.
5. Right to Damages
  Always Online considers most instances of unsolicited bulk e-mail to be a theft of services and reserves the right to prosecute originators of same in a court of law. Always Online reserves the right to collect damages (software, hardware, and man hours) if any harm is done to our network or equipment that requires repair or reconfiguration of any kind. If deemed appropriate by Always Online, the Member will be billed not less than $500 per individual complaint received by Always Online staff. In addition, Always Online reserves the right to collect punitive damages in recompense for any perceived loss of brand reputation.
  
  Nothing contained in this Section 24 shall be construed to limit action Always Online may take or remedies available to us in any way with respect to any of the described conduct. Always Online reserves the right to take any additional actions we may consider appropriate with respect to such conduct, including without limitation taking action to recover costs and expenses of identifying offenders and removing them from our network or systems, and levying cancellation charges to cover costs in the event of disconnection for the causes outlined in this Policy document. In addition, Always Online reserves at all times all rights and remedies available to us with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and Always Online reserves the right to enforce such policy or rule at its sole discretion.
Email - Mass Mailing
The following are the guidelines for all mass mailings by Members, or a 3rd party contracted on behalf of Members to send mass mailings to Members.
1. Policy objectives
  The goals of Always Online's mass mailing policy include, but are not limited to, the following issues: controlling mailing rates that stress systems; eliminating service degradations; mitigating the thousands of bounce messages in mail queues that delay mail delivery; mitigating invalid return address information; and eliminating mass mailings during peak business hours.
2. Definitions
  1. "Opt-in" Mailings are those which are to more than 250 users by either Always Online Members or their 3rd party partner to any group of end users. Opt-in means that end user has signed up for mailings voluntarily. "Opt-in" implies that the mailing is not SPAM (defined below).
  2. "SPAM" is defined as unsolicited bulk email that includes advertisements or solicitations, commercial or otherwise, regardless of content. Without exception, Always Online prohibits the practice of mass-mailing unwanted e-mail solicitations of any type, regardless of content, and will take action to prevent this practice.
3. Mass Mailing Requirements
  1. Mail send rate: Mass mailings will be done at a maximum rate of 10 messages/second. Use of appropriate servers for originating mailings: use of Always Online Hosted SMTP servers for mass mailings is strictly prohibited.
  2. Delivery of mass mailings: (i.e. mass mailing sent by a domain hosted or not hosted by Always Online to domains hosted by Always Online) all mass mailings must be delivered through Always Online inbound MX machines. All mass mailing sent through Always Online SMTP servers will not be delivered.
  3. Allowable send times: mass mailings will be started and completed between 9pm and 4am US Pacific Time.
  4. Valid "From", "Reply-To", "Return-Path" and "Error-To" headers: If the following values are listed in your mail header that be valid addresses and each email address must accept any bounces at the rate they may occur:
    - "From",
    - "Reply-To",
    - "Return-Path",
    - "Errors-To"
  5. Valid "Abuse contact": Members who send/receive mass mailings must supply Always Online with an emergency "abuse contact" to contact if there are any problems/complaints associated with the mailing.
  6. Notifying Always Online of mass mailing: Always Online requires 48 hours notice for all mailings. The following information must be mailed to support@always-online.com:
    - Customer Name
    - Number of Recipients
    - "From" Domain
    - "Target" Domain
    - Mailing Subject
    - Mailing Date
    - Mailing Start-End Times
    - Rate of mailing (maximum of 10 messages per second)
    - Valid "From", "Reply-To", "Return-Path", and "Error-To" addresses (please list the values used, if any)
    - Copy of the message content
    - Method for users to "opt-out" of mailings
4. Failure to Comply with Mass Mailing Requirements
  Failure to comply with the conditions set forth above may result in any or all of the following:
  1. Blocking of the mailing currently causing the problems/complaints.
  2. Blocking of future mailings until the above requirements are satisfied. (Or until there is an agreement or special dispensation made by the Always Online Abuse Administrator).
  3. If no "abuse contact" is provided to Always Online, Always Online reserves the right to block mailings without notifying Member as necessary.