PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING OUR SERVICES.

Port Networks, LLC ("us" or "our") provides communications services ("Services") to users who establish an account with our company and pay to use the Services ("you" or "your"). By establishing an account or using the Services, you agree to be bound by these Terms & Conditions, and to use the Services in compliance with our Appropriate Use Policy and other user policies, which can be read at http://portnetworks.com/p/policies.html.

If you do not agree, you may not use the Services now or in the future.

1. OUR SERVICES

a. We will provide the Services listed in your printed or online order, either directly or through our partners. If, at your request, we provide additional services or services different from those listed on your order, the payment due from you may change.

b. We will bill you for the Services at the start of the period in which we provide them, through an invoice, a withdrawal from your bank account, or a charge to your credit or debit card account, depending on the payment arrangement you have established with us.

c. We will also bill you for any taxes, regulatory fees, or other surcharges applied to the Services by local, state, or federal authorities.

d. We will continue to bill you at the start of each new period for Services that feature automatic renewal. To discontinue automatic renewal, please use the form at http://close.portnetworks.net, or contact us at (410) 637-3707. Services billed by the day or week do not feature automatic renewal.

e. We reserve the right to suspend or cancel delinquent accounts at our sole discretion; however, charges will continue to accrue until the account is fully paid. We may bill an additional charge to reinstate a suspended account.

f. We may change the configuration of our systems or networks at any time, and we reserve the right to direct you to certain channels, wireless networks, access points, or connection methods as part of those changes.

g. We reserve the right to make the Services unavailable for short periods in order to conduct maintenance or install upgrades. We will make every effort to schedule these periods during early morning hours to minimize disruptions to the Services.

h. While we have no obligation to monitor the Services, we may do so and disclose information regarding use of the Services for any reason if we, in our sole discretion, believe that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect ourselves and our other users. Please see our Privacy Policy. We may immediately remove your material or information from our servers, in whole or in part, if we, in our sole and absolute discretion, determine that it infringes another's property rights or violates our Appropriate Use Policy.

2. YOUR USE OF THE SERVICES

a. You must be at least 18 years of age in order to use our Services, and you are responsible for determining whether they are appropriate for your intended use.

b. You must provide us with accurate billing information including legal name, address, telephone number, and credit card/billing information, and report all changes to this information to us immediately.

c. You must ensure that any password or key we provide to you in conjunction with your use of the Services is kept confidential so that no one else may access the Services using that information. You must notify Port Networks immediately upon discovering any unauthorized use of your account.

d. You must ensure that any equipment we provide to you in conjunction with your use of the Services is protected against misuse, theft, or damage. You are responsible for returning any of our equipment in your possession should you cease to use the Services.

e. You are responsible for all charges to your account. To dispute a charge to your account, you must contact us at (410) 637-3707 or accountsreceivable@portnetworks.com within 30 days of the charge in order to be eligible for a refund or credit. You are responsible for any third-party charges or expenses (e.g., overdraft charges, fees for exceeding credit card limits, etc.) resulting from your use of our Services.

f. You are responsible for obeying all applicable laws while using our Services.

3. PROHIBITED PRACTICES

a. You may not use our Services for high-volume outbound email or other practices that expose our network to retaliatory action from other Internet Service Providers. Unless you receive express permission from Port Networks, you may not use our Services to operate servers, including but not limited to mail servers, IRC serves, FTP servers, or worldwide web servers.

b. You may not use our Services in an attempt to break security, or so as to actually break security of any computer network, or to access an account of which you are not the owner or a communication on which you are not the sender or intended recipient.

c. You may not e-mail, post or transmit unlawful, unsolicited, threatening, abusive, hateful, libelous, defamatory, profane or illegal material, or otherwise objectionable information of any kind, including without limitation any material that violates any local, state, national or international law or regulation.

d. You may not post or transmit any information or software which contains a virus, worm, Trojan horse or other harmful software component.

4. OWNERSHIP

a. Your use of the Services does not constitute a sale of assets or a transfer of intellectual or real property, and the work we perform to provide you with our Services is not work for hire.

b. Any components, cabling, accessories, or other equipment we provide to you in conjunction with your use of the Services remains our property, unless we sell it to you as part of a transaction. We are responsible for all applicable property, use, sales, or other taxes due on our equipment. We may remove or change this equipment at our discretion, and you may not use it for any purpose other than to use our Service. You may not modify or repair our equipment, or have it modified or repaired by any third party, and you may not sell or transfer our equipment to any third party, or move our equipment to a different location. If you move, or cease to use our Services, you must return our equipment or pay us the full retail price of any equipment that must be replaced because it has been lost, stolen, unreturned, damaged, sold, or transferred.

c. Usernames, passwords, and Port Networks email addresses are our property and we may alter or replace them at any time.

d. All of the processes, methods, techniques, and materials we use to provide you with our Services are our intellectual property, and you agree to keep them confidential should they come into your possession.

5. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.

a. EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY PORT NETWORKS, WE DO NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR OFFENSIVE. WE HAVE NO CONTROL OVER AND ACCEPT NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICES OR THE INTERNET.

b. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PORT NETWORKS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. WE MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH OUR SERVICES OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY US SHALL CREATE A WARRANTY. WE ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, OUR CUMULATIVE LIABILITY TO ANY USER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.

6. OTHER

a. Governing Law. Interpretation of these terms and conditions will be governed in all respects by the laws of the State of Maryland, without regard to any provisions thereof relating to conflicts of laws among different jurisdictions.

b. Arbitration. Any dispute between us will be settled by arbitration in accordance with the rules of the American Arbitration Association (or a similar organization) in effect at the time such arbitration is initiated. Any arbitration will be conducted in the City of Baltimore, Maryland, unless both parties consent to a different location. The decision of the arbitrator will be final and binding upon both of us. The prevailing party will be awarded all of its filing fees and related administrative costs. Administrative and other costs of enforcing an arbitration award, including the costs of subpoenas, depositions, transcripts and the like, witness fees, payment of reasonable attorney's fees, and similar costs related to collecting an arbitrator's award, will be added to, and become a part of, the amount due pursuant to this Agreement. An arbitrator's decision may be entered in any jurisdiction in which the party has assets in order to collect any amounts due hereunder.

c. We may assign your account to any entity that purchases Port Networks in its entirety, or purchases substantially all of our assets.

d. Non-enforcement of any particular term or condition does not constitute consent and we reserve the right to enforce each term or condition individually, in our sole discretion. If one or more terms or conditions are found to be unenforceable or invalid, all others will remain valid.

e. These terms and conditions, our Appropriate Use Policy, our Privacy Policy, and our other user policies posted on our website constitute the entire agreement between us with respect to your use of the Services. No part of these may be amended, waived, discharged or terminated other than through writing.

v. 20110929 (c) Port Networks, 2011

Click here to see other Port Networks policies.