Service Contract
Available Networks, LLC

1. Services Agreement/Payment/Refunds
1. In consideration of the payment of the fees and charges set forth in the Pricelist and Services Page (“Pricelist”) of this website and the agreements set forth below, Available Networks, LLC (“AvailableNetworks.com”) agrees to provide the World Wide Web (“Web”) hosting, Domain Name Service(“DNS”) registration, and other services described in the Pricelist.  Subscriber agrees to the terms and conditions set forth in this Agreement.
2. AvailableHosting.com reserves the right to modify the terms and conditions of service, including the prices set forth in the Pricelist, at the time of any renewal of service.
3. Subscriber shall keep its password strictly confidential and shall not grant access to its Internet account with AvailableNetworks.com to any third party without the express written authorization of AvailableNetworks.com.
4. In addition to the fees set forth in the Pricelist, AvailableNetworks.com reserves the right to charge additional fees for e-mail storage, file storage, and network traffic that exceeds the base amount listed on the Pricelist.
5. Prepaid accounts based on a monthly term are fully refundable up to and including the tenth (10) day of the period.  Prepaid accounts based on a yearly term are fully refundable up to and including the 30^th day of the period.  After the full refund period all refunds are given at AvailableNetworks.com’s sole discretion and are based on a prorated schedule. 
6. Setup fees listed are considered services rendered and are therefore not refundable.  In addition, due to the nature of the DNS system, DNS registration is never refundable for any reason. 
7. Invoiced payment is due on the earlier of ten (10) days after the invoice date. Payments not received within fifteen (15) days after the due date shall be subject to a late charge of 1-1/2% per month and may result in account suspension with a $5.00 reactivation charge.  Subscription fees for a term shall fully earned at the start of that term.
8. For purposes of this Agreement, including without limitation the provisions of paragraph 6, below each reference to AvailableNetworks.com shall include its parents subsidiaries and/or affiliates, its partners, officers, directors, employees, agents, and attorneys, its interconnection service providers, its suppliers and contractors, and their heirs, successors and assigns.

2. Prohibition Against Illegal or Improper Activities
1. Subscriber shall comply with all applicable international, national, and local laws, regulations and practices, including but not limited to the then current AvailalbeHosting.com Acceptable Use Policy, applicable law relating to advertising, solicitation and/or transactions in goods or services using the Web, and any applicable university, campus or company regulations or policies.
2. Subscriber shall indemnify, defend and hold AvailableNetworks.com and its officers, directors, partners, employees, agents, contractors and attorneys harmless from and against any and all claims, actions, proceedings, losses, costs, expenses, or liabilities, including but not limited to attorney fees, arising from or related to a violation of alleged violation of this paragraph 2, including but not limited to the warranties and representations herein, by Subscriber or its agents, employees or any other person or entity acting on Subscriber’s behalf or for its benefit.

3. Enforcement/Claim Procedures
1. Violations of the provisions of paragraph 2(a), or other violations of law or regulation, may result in disabling of an account, civil action, and if applicable referral to law enforcement authorities.  AvailbleNetworks.com reserves the right to disable accounts without prior notice to halt or prevent actual or suspected violations of said provisions.
2. In the event Availablenetworks.com receives a claim, demand, notice, or other communication (collectively “Claim(s)”) by a third person related to actual or alleged violations as described in paragraph 2, or otherwise has reason to believe such activity exists, AvailableNetworks.com may take the following action:
1. Give written, email, or fax notice to Subscriber of the Claim
2. Temporarily remove or deny access to such material
3. At AvailableNetworks.com discretion, await action by Subscriber and/or a third party to resolve any dispute arising from or related to the Claim and, pending such action, to continue to remove or deny access to such material
4. AvailableNetworks.com may, at its discretion
   1. Cease providing any services hereunder if subscriber does not comply with the provisions of this Agreement, including without limitation the payment provisions
   2. Decline to provide such services
   3. No renew such services at the end of any term of this agreement
3. Subscriber consents to the exclusive jurisdiction of the state or federal courts located in Ann Arbor, Michigan, and to application of Michigan law to the extent such law is not preempted by the law of the United States, for any action or proceeding arising from or related to this Agreement, Claims, or AvailableNetworks.com’s action in response thereto
4. Subscriber shall indemnify, defend, and hold AvailableNetworks.com and its officers, directors, shareholders, employees, agents, contractors, and attorneys harmless from and against any and all claims, actions, proceedings, losses, costs, expenses or liabilities, including but not limited to attorney fees, arising from or related to Claims or the Claim Procedures set forth above, or any other action taken by AvailableNetworks.com in good faith in response to or as a result of such Claims.  Subscriber further agrees to reimburse AvailableNetworks.com for its reasonable attorney fees and expenses incurred in connection with the actions or proceedings described above.

4. Privacy

Subscriber acknowledges that computer files, e-mail and compute accounts are not absolutely private.  Various persons, such administrators and operations personnel shall have access to individual accounts and files.  Subscriber, by clicking accept, consents to access to its files, accounts and email by AvailableNetworks.com personnel for the purpose of system maintenance, technical and operations assistance, and enforcement of the provisions of this Agreement.

5. Warranty Disclaimer

AvailableNetworks.com makes no warranties with respect to the services, tools or facilities provided under this agreement, express or implied, including but not limited to the implied warranties of merchantability and/or fitness for a particular purpose.  Without limiting the generality of the foregoing, AvailableNetworks.com makes no warranty that the web site will be accurate, error-free or uninterrupted, or that it will meet subscriber’s requirements or achieve subscriber’s desired or anticipated results. Further, AvailableNetworks.com makes no warranties hereunder arising from the usage of the trade, course of dealing, or course of performance

6. Limitation of Liability

In no event shall AvailableNetworks.com be liable, in contract, or in tort, for consequential or incidental damages, for punitive damages,for lost or inaccurate data, for lost programs, for lost business, revenues, orders or profits, for interrupted communications, for delays, nondelivery or misdelivery of communications, data orders, or other information or material, for loss of privacy or for any damages in excess of amounts actually paid by subscriber r AvailableNetworks.com for the service found to be the proximate cause of the damage, during the six-month period prior to accrual of the cause of action, whether or not AvailableNetworks.com was advised or had knowledge of the possibility of such damages.  Further, AvailableNetworks.com shall not be liable for any damages caused by acts or events beyond its reasonable control, including without limitation failures or delays in transmission facilities or equipment, acts of god, fires, floods, wars, civil disturbances, sabotage, accidents, labor disputes, governmental action, and harmful acts of third parties including without limitation viruses and other computer programming code which is intended to damage a user’s system or data.

7. Term and Termination
1. The initial term of this agreement shall be a period of thirty (30) days.  This Agreement shall automatically renew on a month-to-month basis thereafter, provided that applicable fees are paid when due.  This agreement shall be terminated bu Subscriber onlu upon written notice to AvailableNetworks.com.  Upon such termination all accrued fees and charges shall be immediately due and payable.
2. This Agreement may be terminated by either party for a material breach of its terms, if such breach is not remedied within ten (10) days after written notice of breach is given.
3. In the event Subscriber terminates this agreement or services provided hereunder prior to the expiration of a term, Subscriber shall pay to AvailableNetworks.com all charges incurred to the date of termination, including but not limited to subscription charges for that term (without any proration to the date of termination) and any consulting services provided to Subscriber or incurred or obligated by AvailableNetworks.com prior to the date AvailableNetworks.com receives written notice of termination.
4. The provisions of paragraphs 2, 3, 4, 5, 6, 7, 8, 9, 10

8. Arbitration

Except for actions initiated by AvailableNetworks.com pursuant to paragraph 3 herein and matters within the jurisdiction of the small claims court, any controversy or claim arising  under or related to this agreement shall be settled by arbitration under the Commercial Arbitration Rules of the American Arbitration Association.  The location of any such mediation and/or arbitration shall be Ann Arbor, Michigan.  The mediator and /or arbiter shall be selected from the national panel of arbiters if the American Arbitration Association with expertise in computer law and technology.  Any court having jurisdiction over the matter may enter a judgment upon the award of the arbitrator.  Service of a pertition to confirm the arbitaration awrd may be made by United States Mail, postage prepaid, or by any regularly conducted commercial express mail service, to the attorney for the party, or if not so represented, to the party at the address set forth herein, or to the party’s last-know business address.

9. General  Terms
1. This agreement, The Available Networks Acceptable Use Policy, the Price List, and the Services pages of this Web site represent the entire agreement between the parties hereto and a final expression of their agreements with respect to the services provided hereunder and supersedes all prior written agreements, oral agreements, representations, and understanding or negotiations with respect to the matters covered by this Agreement.  If any term, provision, condition or covenant of this Agreement is held to be invalid, void or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.  No amendment to this agreement shall be effective unless it is in writing and signed by duly authorized representatives of both parties.  No term or provision hereof shall be deemed waived an no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented.  Any consent by any party to or waiver of a breach by the other, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach.  Neither this Agreement nor any rights or obligations hereunder shall be assigned or otherwise transferred by subscriber without the prior written consent of AvailableNetworks.com.  This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this paragraph shall be construed as a consent to any assignment of this Agreement except as provided hereinabove.  A printed or facsimile copy of the electronic form of this agreement and its exhibit(s) may be used as an original.
2. All notices required to be given under thus Agreement shall be made in writing by
1. First-class mail postage prepaid, certified, return receipt
2. By regularly scheduled overnight delivery
3. By email or facsimile followed immediately by first-class mail
4. By personal delivery, to the address ser forth herein, or such other address as provided in writing.  Such notices shall be deemed given upon full compliance with one of the above procedures.

10. Acceptance

SUBSCRIBER, BY CLICKING ACCEPT BELOW, SIGNIFIES THAT IT HAS READ AND AGREED TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, INCLUDING EXHIBITS A AND B.  AvailableNetworks.com is unwilling to provide the services except under these terms and conditions.  AvailableNetwork.com’s offer to provide services under this agreement is limited to subscriber’s acceptance of the terms hereof.  No different or additional terms contained in any purchase order, confirmation or other writing shall have any force or effect unless expressly agreed to in writing by AvailableNetworks.com