Usage Agreement

1. FORCE MAJEURE
The Stokia Network LLC (Stokia) shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of software, failure computer hardware, or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the services.

2. LIMITATION OF LIABILITY
Stokia makes absolutely no warranties whatsoever, express or implied, including warranties of non-infringement, merchantability, or fitness for a particular purpose. StoKia does not guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via it's systems. In no event shall StoKia be liable for any direct, indirect, incidental, special or consequential damages, loss of profits, revenue, data or use, suffered by the customer or any third party, whether in an action in contract, tort or strict liability or other legal theory, even if StoKia has been advised of the possibility of such damages. In no event will StoKia liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by customer for the service which gave rise to such damages, losses and causes of actions during the 1-month period prior to the date the damage or loss occurred or the cause of action arose. Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so that the above limitations or exclusions may not apply. In such jurisdictions, StoKia liability (and the liability of its affiliates, agents, content providers and service providers) shall be limited to the greatest extent permitted by applicable law.

3. INDEMNIFICATION
Customer will indemnify, save harmless, and defend Stokia and all directors, officers, employees, and agents of Stokia (collectively "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys’ fees) arising out of or relating to the use of the services by customer. Such claims shall include, but shall not be limited to, claims based upon trademark ,service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business.

4. IP ADDRESSES
IP addresses shall at all times remain the property of Stokia. Any and all IP addresses assigned to the web hosting customer's web site are assigned on a temporary basis. Stokia reserves the right to assign the same IP address to multiple web sites. Stokia reserves, at it's sole discretion, the right to change or remove any and all such IP numbers and addresses at any time.

5. DISK SPACE USAGE
The web hosting customer shall not exceed the disk space usage of their hosting plan. If disk space usage exceeds the disk space listed for the customer account, Stokia, at it's sole discretion, may assess additional charges of fifty cents ($0.50) per MB (megabyte) of disc space, discontinue service witout notice, terminate this agreement, or delete the web hosting customer's content witout notice. In the event that Stokia elects to take such action, the web hosting customer shall not be entitled to a refund of any fees paid in advance of such corrective action.

6. BANDWIDTH
The web hosting customer shall not exceed the monthly bandwidth usage allowance of the account. If bandwidth usage exceeds the monthly bandwidth usage allowance of the account, Stokia at it's sole discretion, may assess additional charges of two dollars ($2) per GB (gigabyte) of traffic, discontinue service witout notice, terminate this agreement, or delete the web hosting customer's content witout notice. In the event that Stokia elects to take such action, the web hosting customer shall not be entitled to a refund of any fees paid in advance of such corrective action.

7. CONFIDENTIAL INFORMATION
Each party acknowledges that, in the course of the performance of this Agreement, it may have access to customer information and communications, including proprietary information claimed to be unique, secret, or confidential, and which constitutes the exclusive property and trade secrets of the other party ("Confidential Information"). Each party agrees to maintain the confidentiality of the Confidential Information and to use the Confidential Information only to the extent necessary for legitimate business uses in connection with this Agreement. Upon request of either party or on termination or expiration of this Agreement, each party shall return the Confidential Information of the other party then in its possession. Nothing in this Agreement shall prohibit or limit either party’s use of information which (a) is now, or hereafter becomes, publicly known or available through lawful means; (b) is rightfully in receiving party’s possession, as evidenced by receiving party’s records; (c) is disclosed to the receiving party without confidential or proprietary restriction by a third party who rightfully possesses and rightfully discloses the information; (d) is independently developed by the receiving party without any breach of this Agreement; (e) is the subject of a written permission to disclose provided by the disclosing party; or (f) is required by law to be disclosed.

8. GOVERNING LAW
The validity, interpretation, enforceability, and performance of this agreement shall be governed by and construed in accordance with the laws of the State of Michigan.

9. ENFORCEMENT OF AGREEMENT
In the event it is necessary for Stokia to enforce its rights under this agreement, the customer agrees to pay all fees incurred by Stokia (including, but not limited to, attorney's fees and collection agency fees)

10. SEVERABILITY
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect. In the event that any provision of this Policy shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole.

11. CANCELLATION
The web hosting customer may terminate this agreement and the hosting contract at any time. However, the web hosting customer remains obligated to pay all amounts remaining in the initial term. Any and all prepayment for services made by the web hosting customer are non refundable.

Termination by StoKia or the web hosting customer shall not relieve the web hosting customer of any obligations to pay fees accrued prior to such termination. StoKia reserves the right to terminate this Agreement without cause prior to the end of the term upon twenty four (24) hours notice to the web hosting customer.

12. BILLING
During the term of this agreement, the web hosting customer shall pay the fees for the services that are set forth on the order form, as applicable. Such fees may include taxes, fees or assessments by governmental agencies and Stokia shall have the right, at any time, to pass through and invoice to the web hosting customer any new or increased taxes, fees, assessments or other charges imposed on or required to be collected by Stokia by any governmental agency.

Invoices are due and payable upon receipt. All payments shall be made in U.S. currency.

The fees set forth in the order form are guaranteed during the initial term of this agreement. If the web hosting customer continues to receive the services after the initial term without entering into a new agreement or agreement extension, the fees charged after the Initial Term shall be at the then standard Stokia rates for such services, without discount, determined month to month.

Stokia may assess, at it's sole discretion, a late payment charge equal to 1.5% (or the highest amount permitted by law, whichever Is lower) per month or portion thereof on the outstanding balance of any invoice remaining unpaid thirty (30) days after the date upon which payment is due.

In the event the web hosting customer account becomes past due, or is otherwise deemed insecure, Stokia may, in its sole discretion, suspend, interrupt or disconnect the services. In the event of such suspension, interruption or disconnection, the web hosting customer may be required to post a deposit or such other security, as Stokia deems necessary in order to resume receiving the Services. In addition, if Stokia in its sole discretion, deems the web hosting customer to be financially insecure, Stokia may require such other action of the web hosting customer, including letters of credit, security deposit(s), restrictions on available credit or other action as Stokia may require from time to time regardless of the web hosting customer's current status or payment history. Failure to satisfy Stokia request for such action within timelines set by Stokia may result in immediate termination of service without further notice.

13. ADULT CONTENT
The web hosting customer agrees that the web hosting customer will not store or link to any adult content. StoKia will immediately suspend and may delete any web site with adult content witout notice. StoKia reserves the right to determine what is or is not adult content.

14. ILLEGAL ACTIVITIES
The web hosting customer agrees that the web hosting customer will not store or link to any content that is illegal in the United States. The web hosting customer will not promote, or link to any web site that does promote activity that is illegal in the United States. StoKia will immediately suspend and delete any web site with illegal content witout notice. StoKia reserves the right to determine what is or is not illegal content.

15. ABUSE
StoKia reserves the right to immediately suspend and delete any account found to be in violation of these rules, without prior notice.

Spamming, sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user, allowing spamming by third parties to promote a web site hosted by StoKia, trolling, posting outrageous messages to generate numerous responses, mailbombing, subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, attempting without authorization to enter into a secured computer system, newsgroup flooding, forgery, account hacking, posting of defamatory, scandalous, or private information about a person without their consent,violating trademarks, copyrights, or other intellectual property rights, misuse of system resources, including but not limited to employing posts or programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for the customer's own account; resale of access to CGI scripts installed on StoKia servers, or attempting to use a single customer account for third party web sites by allowing more than one domain name to be used to reference pages within the customer's site. StoKia reserves the right to determine what constitutes abuse.

16. BULK EMAIL POLICY
StoKia has STRICT policy against SPAM and SPAM support services. SPAM, also known as UCE, bulk email, unsolicited commercial email, and email marketing is strictly prohibited.

SPAM is defined as ANY unsolicited or unwanted email sent to one or more email accounts.
A SPAM support service is anything that facilitates SPAM. Examples of SPAM support services include, but are not limited to - bulk emailing software, lists of email addresses, proxy lists, open relay lists, and providing DNS service to SPAM marketers.

The web site hosting customer is responsible for the actions of their employees, customers, vendors, contractors and agents. StoKia will immediately suspend and may delete any web site that engages in SPAM or SPAM support services. StoKia reserves the right to determine what is or is not SPAM.

An administrative fee of ten (10) U.S. dollars will be assessed for EACH spam complaint received. This fee covers our costs for handling SPAM complaints. The fee will be assessed even if it is proven that the end user is a valid subscriber to a valid mailing list.