Note: Pornography and sex-related merchandising are strictly prohibited on any PokedYou.com account. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to PokedYou.com or any other server on the internet. Links to such materials are also prohibited. All IRC related activities are strictly prohibited and can be cause for immediate account termination.

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 PokedYou.com 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. Any promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to the 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 anniversary date of the month for that month's service. The above applies to all accounts and services provided by PokedYou.com.

Payments and Fees: Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $10.00 reconnect charge. Accounts not paid by due date are subject to a $5.00 late fee. Accounts that are not collectable by PokedYou.com 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 $20 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this ToS.

Refunds and Disputes: All payments to PokedYou.com are nonrefundable. This includes any setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in PokedYou.com's sole discretion is a valid charge under the provisions of the ToS and/or AuP, you agree to pay PokedYou.com an "Administrative Fee" of not less than $20 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: Request for termination of user accounts can be made through an e-mail to the Administrator via the Contacts page of PokedYou.com. Termination requests received will take effect immediately, that means you're not required to pay for web hosting plan fee for that month, if termination request is received after the fee charged in that month, which is not refundable, that means starting from following month you'll not be charged for web hosting fee. Subscription fees for additional services such as added space and bandwidth transfer will be charged for the entire month regardless of whether the request for their termination is received prior to the effecting of the said services.

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.

Support Boundaries: PokedYou.com provides technical support to our Subscribers on a time-available basis. We limit our technical support to our area of expertise. The following is our guidelines when providing support: PokedYou.com provides support related to your services or virtual site physical functioning. PokedYou.com does not offer technical support for application-specific issues such as cgi programming, html or any other such issue.

SPAM and Unsolicited Commercial Email (UCE): PokedYou.com takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Subscribers of PokedYou.com may not use or permit others to use our network to transact in UCE. Subscribers of PokedYou.com 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. Violation of PokedYou.com's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, PokedYou.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, PokedYou.com may restrict Subscriber access to the network to prevent further violations. If a Subscriber is found to be in violation of our SPAM policy, PokedYou.com may, at its sole discretion, restrict, suspend or terminate Subscriber's account. Further, PokedYou.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. PokedYou.com will notify law enforcement officials if the violation is believed to be a criminal offense. 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 PokedYou.com personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

IMPORTANT NOTICE: BEGINNING IMMEDIATELY, 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 services immediately disabled. The services will not be enabled 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 account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the account from our network without notice to the Subscriber. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice.

Network

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

IP Address Usage: Any Subscriber caught using an IP address that has not been assigned to them agrees to pay a $25 fee. The domain caught using the offending IP address can be disabled or deleted at the discretion of PokedYou.com.

Bandwidth and Disk Usage: Subscriber agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Subscriber (the "Agreed Usage"). PokedYou.com will monitor Subscriber's bandwidth and disk usage. PokedYou.com shall have the right to take corrective action if Subscriber'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 PokedYou.com's sole and absolute discretion. If PokedYou.com takes any corrective action under this section, Subscriber shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a Subscriber exceeds the included allocation, PokedYou.com may, at its sole discretion, collect a deposit, in an amount determined by PokedYou.com, against Subscriber's credit card on file with PokedYou.com.

System and Network Security: Subscribers are prohibited from violating or attempting to violate the security of the PokedYou.com Network. Violations of system or network security may result in civil or criminal liability. PokedYou.com will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Subscribers who are involved in such violations. These violations include, without limitation:

• Accessing data not intended for such Subscriber or logging into a server or account, which such Subscriber 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 Subscriber, 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 Subscriber is not entitled.

Notification of Violation: PokedYou.com is under no duty to look at each Subscriber's or user's activities to determine if a violation of the ToS has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation: Any Subscriberer, which PokedYou.com determines to have violated any element of this Terms Of Service Policy, shall receive an email, warning them of the violation. The service may be subject at PokedYou.com's discretion to a temporary suspension pending a Subscriber's agreement in writing, to refrain from any further violations.

Second Violation: Subscribers that PokedYou.com determines to have committed a second violation of any element of this Terms Of Service Policy shall be subject to immediate suspension or termination of service without further notice.

Suspension of Service or Cancellation: PokedYou.com reserves the right to suspend network access to any Subscriber if in the judgment of the PokedYou.com network administrators the Subscriber's account is the source or target of the violation of any of the other terms of the ToS or for any other reason which PokedYou.com chooses. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. Prior notification to the Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Subscriber will not be credited for the time the Subscriber's account was suspended. The Subscriber will also not be credited for any fees if their account has been terminated. PokedYou.com reserves the right to amend its policies at any time. Failure to follow any term or condition will be grounds for immediate cancellation.

Indemnification: PokedYou.com wishes to emphasize that in agreeing to the PokedYou.com Acceptable use Policy (AuP) and Terms of Service (ToS), Subscriber indemnifies PokedYou.com for any violation of the Acceptable use Policy (AuP) and Terms of Service (ToS) that results in loss to PokedYou.com or the bringing of any claim against PokedYou.com by any third-party. This means that if PokedYou.com is sued because of a Subscriber's activity, the Subscriber will pay any damages awarded against PokedYou.com, plus all costs and attorney's fees.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, telephone and fax 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 Subscribers rights under this contract at anytime without further obligation. PokedYou.com takes no responsibility for any material input by others and not posted to the PokedYou.com Network by PokedYou.com. PokedYou.com is not responsible for the content of any other websites linked to the PokedYou.com Network; links are provided as Internet navigation tools only. PokedYou.com 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. PokedYou.com is not responsible for any damages your business may suffer. PokedYou.com does not make implied or written warranties for any of our services. PokedYou.com 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 including equipment failure.

Responsibility for Content: You, as PokedYou.com's Subscriber, are solely responsible for the content stored on and served by your account.