FCS Internet's services and system may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, FCS Internet's services and system shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory. Use and access to other networks through FCS Internet's system must comply with the rules for such other networks

The services provided by FCS Internet and FCS Internet's system(s) are expected to change from time to time. FCS Internet reserves the right to change any service offered or the features of any service offered or its system without notice, including changes to access and use procedures, such as system hardware and software.

FCS Internet reserves the right to refuse service, or cancel existing accounts without reason or warning. In the event of non-payment, breach of this agreement, or for any other reason within the sole discretion of FCS Internet, FCS Internet shall have the right to immediately, without need for advanced notice, terminate the client's hosting account by refunding the remaining payment balance, minus one week, except for blatant violations of these terms and conditions, which will result in forfeiture of all monies paid.

FCS Internet reserves the right to change fees, surcharges, or institute new  fees at any time. Clients who have already paid for their hosting will not be affected by changes in fees for the remainder of their pre-pay period.

FCS Internet is not responsible for lost revenue, traffic, etc caused by server down time.

Customers of FCS Internet are forbidden to partake in an "abusive practice."  The following is a list of current abusive practices. Participating in an abusive practice will lead to an immediate account termination without prior notice or refund on any pre-payment. FCS Internet reserves the right to add to or modify this list at any time:

• Posting adult-oriented materials on your web site.
• Uploading, posting or reproducing in any way materials protected by copyright without the permission of the copyright holder.
• Using your account to provide "counter or other cgi related services" to large quantities of people on the web without prior approval of FCS Internet.
• Allowing usage of FCS Internet's resources for accounts hosted on other servers. A web site not hosted with FCS Internet could not use its account to reference graphics, midi, cgi, etc. from our server.
• Posting any Warez-related material on your web site.
• Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited.
  A user shall not use another site's mail server to relay mail without the express permission of the site.
  Complaints regarding e-mail abuse should be sent to abuse@franklincommunications.com

• Any site bashing, putting down, etc. another cultural, religious, or ethnic group.
• Any site advocating any illegal activities.
• Certain radical or cult style groups.
• Any site specifically slandering another person or organization.
• Any other questionable material, as determined by FCS Internet, Inc.

Bandwidth/FTP Use Policy

It is FCS Internet's intent to serve web documents. All web pages (html) must be "linked" with files stored on FCS Internet's server (i.e., you cannot use your account as a "dump" for files belonging to a web site not on FCS Internet's servers). Web sites that are found to contain either no html documents, or a great number of unlinked files are subject to warning, suspension or revocation at the discretion of FCS Internet administration.

Because of the high bandwidth usage, download archives are not permitted on FCS Internet servers. FCS Internet defines download archives as any web site that provides an excessive number of files that are formatted specifically for download by other parties (for example, ZIP, DOC, MP3, SIT, EXE or other archive/program file extensions are formatted specifically for download). This does not mean you may not place these items on your web site. This simply means that if your site includes an excessive number (25% or more of your total web space) of these items, we will consider your site to be a download archive and thus in violation of our terms and conditions.

Because of excessive bandwidth use, FCS Internet clients are not permitted to run any system where images are loaded from your site to a site on another server without the prior approval of FCS Internet. Categories that fall under this requirement are banner exchanges (expressly forbidden), web-ring images (by prior permission only), Award Graphics (by prior permission only), and other similar uses.

All FTP sessions are logged. Uploading of illegal, copyrighted or licensed software for the purposes of distribution and/or personal use will not be tolerated and will result in immediate account suspension and/or termination.

FCS Internet does not warrant that its services and system will be uninterrupted or error free; nor does FCS Internet make any warranty as to the results or information obtained from use of its service or system or the Internet in general.

FCS Internet's services and system are provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, including implied warranties of merchantability or fitness for a particular purpose, all of which warranties are hereby expressly disclaimed except to the extent any warranty cannot be disclaimed under applicable law. Under no circumstances shall FCS Internet be liable for any indirect, incidental, special or consequential damages, including, without limitation, loss of profits.

Customer agrees that it will protect, indemnify, save and hold FCS Internet harmless from any and all stipulations, arrears, losses, expenses and assertions, as well as rational attorney's fees declared against FCS Internet, its representatives, its customers, and administration that may arise or result from any service provided or executed or agreed to be executed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless  FCS Internet against liabilities arising out of any injury to person or property caused by any products sold or distributed in association with FCS Internet's services, any material furnished by customer encroaching or supposedly encroaching on the exclusive rights of a third party, copyright violation and any defective products sold to customer from FCS Internet's services.

FCS Internet is not responsible for any damages your business may suffer. FCS Internet does not make implied warranties for any of our services. Written warranties may be modified at any time without notice. FCS Internet 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 FCS Internet. FCS Internet reserves the right to amend it's policies at any time.

The agreement constitutes the entire agreement between the parties hereto. The terms and conditions of this agreement shall be interpreted and enforced pursuant to the laws of the State of New York and the United States of America.