Terms of Service

Revision date: 11/22/2010

All services provided by Bend The Bar (“Bend The Bar”) may

be used for lawful purposes only. Transmission, storage or presentation

of any information, data or material in violation of any United States

federal, state or city law is prohibited. This includes, but is not limited

to: copyrighted material, material we judge to be threatening or obscene,

or material protected by trade secret and other statute. The subscriber

agrees to indemnify and hold harmless Bend The Bar from any claims resulting

from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content

that may be damaging to Bend The Bar’ servers, or any other server on

the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

pirated software

hacker programs or archives

Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL

MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER

ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE,

AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, Bend The Bar

WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage

All account plans come with a predetermined amount of traffic allowance.

We monitor all accounts and bill $1.00 for each gig of traffic exceeded.

This amount is not prorated, meaning that 1 mb – 1 gig will be treated

and billed as the same.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Bend The Bar

is strictly prohibited. As our customer you are responsible for all your

accounts. Should you violate the Terms of Services outlined within, your

account will be cancelled without chance of refund.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole

discretion.

All sub-networks, distributive hosting sites and dedicated servers of

Bend The Bar must adhere to the above policies, with the exception of

system resources in respect to dedicated servers.

Billing

By the Account Activation Date of each month, Bend The Bar shall either:

(1) debit the client’s credit card (when such information has been provided

by the client); or

(2) deliver, by e-mail or regular mail, an invoice in accordance with

the applicable Service Fees for services rendered for the current month.

When an invoice is delivered to the client, payment shall be remitted

to Bend The Bar by no later than the specified payment due date. Bend The Bar

shall be entitled to immediately terminate this agreement for client’s

failure to make timely payments. You will be provided with an invoice

on a monthly basis. All credit cards are billed automatically on a monthly

basis. It is the client’s responsibility to ensure that they have sufficient

credit to cover this transaction. In the event that there is insufficient

credit, we will send an e-mail notification, at which point we will need

to be provided with another credit card account number within 24 hours.

If we do not receive a response within 24 hours, the account, and all

accounts under that account plan, will be suspended.

Service Fees

Certain services carry a setup fee charged by Bend The Bar to

client, which must be paid by client in order to have use of said services.

If client terminates this agreement, client shall be responsible for any

and all outstanding fees owed to Bend The Bar and agrees to pay

any and all fees incurred by client. Because the services are provided

on a monthly basis, the client will be responsible for service fees incurred

each month, regardless of when client provides notice of termination.

Thus, for example, if the client provides notice of termination on the

15th day of a particular month, the client will be responsible for service

fees for the entire month, and such fees will not be pro-rated or refunded.

Money back guarantee & refund policy

We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit.

Account Deactivations

Any account deactivated due to non-payment will require a reactivation

fee of $20.00 prior to reactivation.

Cancellation Refunds

We DO NOT refund partial monthly fees to accounts. We require 30 days

notice for a cancellation.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole

discretion.

Limitation of Liability

Bend The Bar shall not be responsible for any claimed damages, including

incidental and consequential damages, which may arise from Bend The Bar

‘ servers going off-line or being unavailable for any reason whatsoever.

Furthermore, Bend The Bar shall not be responsible for any claimed damages,

including incidental or consequential damages, resulting from the corruption

or deletion of any web site from one of Bend The Bar ‘ servers. All

damages shall be limited to the immediate termination of service.

Violations

Violations of these Acceptable Use Policies should be referred to paul.watson-1o1ndqc2@yopmail.com.

All complaints will be investigated promptly. Failure to follow any term

or condition will be grounds for immediate account deactivation.

Disclaimer

Bend The Bar cannot be held liable for system down time, crashes or

data loss. We cannot be held liable for any predicated estimate of profits

which a client would have gained if their site was functioning. Certain

services provided by Bend The Bar are resold. Thus, certain equipment,

routing, software and programming used by Bend The Bar are not directly

owned or written by Bend The Bar. Moreover, Bend The Bar holds no

responsibility for the use of our clients’ accounts. Failure to comply

with any terms or conditions will result in the automatic deactivation

of the account in question. We reserve the right to remove any account,

without advance notice for any reason without restitution, as Bend The Bar

sees fit.

Account Activation

By activating your account with Bend The Bar, you agree to the above

policies and disclaimer. Upon requesting activation of an account, you

are required to accept these policies, guidelines and disclaimer, and

a copy of your acceptance is forwarded along with your activation request

to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply

with these terms, no refunds will be given. We will, however, advise you

by e-mail or phone prior to taking any action to provide you with an opportunity

to correct the problem.

Server Uptime Guarantee

Although Bend The Bar has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.

Bend The Bar reserves the right to amend any or all of the above policies,

guidelines and disclaimer without notification. We also retain the right

to increase any pricing and make changes to our account plans without

notification.

Privacy

Revision date: 11/22/2010

Bend The Bar has created this privacy statement in order to demonstrate

our firm commitment to privacy. The following discloses the information

gathering and dissemination practices for this Web site.

Information Automatically Logged

We use your IP address to help diagnose problems with our server and

to administer our Web site. We use this information for no other reason.

Order Forms

Our site uses an order form for customers to request services. (128 bit

encryption). We collect sensitive information which is used only for our

purpose, not third party receives any type of information from us.

Contact information from the order forms is used to get in touch with

the customer when necessary.

Billing information that is collected is used to bill the user for services.

Unique identifiers are collected from Web site visitors to verify the

user’s identity.

Demographic and profile data is also collected at our site.

We use this data to tailor our visitor’s experience at our site showing

them content that we think they might be interested in, and displaying

the content according to their preferences.

Security

This site has security measures in place to protect the loss, misuse,

and alteration of the information under our control. We use strong SSL

encryption to ensure your privacy.

Third Parties

Information collected on this site is strictly for our use, NO OTHER

OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION,

ETC.

Contacting the Web Site

If you have any questions about this privacy statement, the practices

of this site, or your dealings with this Web site, you can contact: paul.watson-1o1ndqc2@yopmail.com

Acceptable Use Policy

Revision date: 11/22/2010

As a provider of web site hosting and other Internet-related services,

Bend The Bar offers its customer (also known as “Subscribers”)

and their customers and users the means to acquire and disseminate a wealth

of public, private, commercial and non-commercial information. Bend The Bar

respects that the Internet provides a forum for free and open discussion

and dissemination of information. However, when there are competing interests

at issue, Bend The Bar reserves the right to take certain preventive

or corrective actions. In order to protect these competing interests,

Bend The Bar has developed an Acceptable Use Policy (“AUP”),

which supplements and explains certain terms of each customer’s respective

service agreement, and is intended as a guide to the customer’s rights

and obligations when using Bend The Bar’ services. This AUP will be revised

from time to time.

One important aspect of the Internet is that no one party owns or controls

it. This fact accounts for much of the Internet’s openness and value,

but it also places a high premium on the judgment and responsibility of

those who use it, both in the information they acquire and in the information

they disseminate to others. When subscribers obtain information through

the Internet, they must keep in mind that Bend The Bar cannot monitor,

verify, warrant or vouch for the accuracy and quality of the information

they acquire. For this reason, the subscriber must exercise his or her

best judgment in relying on information obtained from the Internet, and

also should be aware that some material posted to the Internet may be

sexually explicit or otherwise offensive. Because Bend The Bar cannot

monitor or censor the Internet, and will not attempt to do so, Bend The Bar

cannot accept any responsibility for injury to its subscribers resulting

from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must

keep in mind that Bend The Bar does not review, edit, censor or take

responsibility for any information its subscribers may create. When users

place information on the Internet, they have the same liability as other

authors for copyright infringement, defamation and other harmful speech.

Also, because the information created is carried over Bend The Bar’

network and may reach a large number of people, including both subscribers

and non-subscribers of Bend The Bar, subscribers’ postings to the Internet

may affect other subscribers and may affect Bend The Bar’ goodwill,

business, reputation or operations. For these reasons, subscribers violate

Bend The Bar policy and the Service Agreement when they, their customers,

affiliates or subsidiaries engage in the following prohibited activities:

Spamming:

Sending unsolicited bulk and/or commercial information over the Internet.

It is not only harmful because of its negative impact on consumer attitudes

toward Bend The Bar, but also because it can overload Bend The Bar’

network and disrupt service to Bend The Bar’ subscribers. Also,

maintaining an open SMTP relay is prohibited. When a complaint is received,

Bend The Bar will investigate and shutdown the account that is

SPAMing. A $250 charge for violating this policy will be charged to the

person initiating the SPAM. Furthermore Bend The Bar reserves

the right to prosecute for this violation. A $1.00 charge will be assessed

PER EMAIL sent should Bend The Bar choose to pursue and prosecute.

Audio/Video Streaming:

Audio/Video Streaming is not hosting friendly. As such, Bend The Bar

does not allow any streaming of audio or video content. Offending accounts

will be suspended without noticed or terminated.

Adult-Oriented Content:

Bend The Bar does not allow adult content and will suspend/terminate

any offending account.

Large File Policy:

Bend The Bar is not for file hosting and distribution – as such,

customers may not host any files larger than 50MB in size that are observed

to be available for the sole purpose of download. Such files include but

are not limited to .ISO, audio/video files, .EXE files. If you are unsure

whether your file is against this policy, please e-mail paul.watson-1o1ndqc2@yopmail.com.

Obscene Speech or Materials:

Using Bend The Bar’ network to advertise, transmit, store, post, display,

or otherwise make available child pornography or obscene speech or material

is prohibited. Bend The Bar is required by law to notify law enforcement

agencies when it becomes aware of the presence of child pornography on

or being transmitted through its network.

Defamatory or Abusive Language:

Using Bend The Bar’ network as a means to transmit or post negative,

defamatory, harassing, abusive or threatening language.

Forging of Headers:

Forging or misrepresenting message headers, whether in whole

or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:

Accessing, illegally or without authorization, computers, accounts or

networks belonging to another party, or attempting to penetrate security

measures of another individual’s system (often known as “hacking”).

Also, any activity that may be used as a precursor to an attempted system

penetration (i.e., port scan, stealth scan or other information-gathering

activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other

Destructive Activities:

Distributing information regarding the creation of and sending Internet

viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial

of service attacks. Also, activities that disrupt the use of or interfere

with the ability of others to effectively use the network or any connected

network, system, service or equipment.

Facilitation a Violation of this AUP:

Advertising, transmitting or otherwise making available any software,

program, product or service that is designed to violate this AUP, which

includes the facilitation of the means to spam, initiation of pinging,

flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:

Exporting encryption software over the Internet or otherwise, to points

outside the United States.

Usenet Groups:

Bend The Bar reserves the right not to accept postings from newsgroups

where we have actual knowledge that the content of the newsgroup violates

the AUP.

Other Illegal Activities:

Engaging in activities that are determined to be illegal, including, but

not limited to, advertising, transmitting or otherwise making available

ponzi schemes, pyramid schemes, fraudulently charging credit cards and

pirating software.

Other Activities:

Engaging in activities, whether lawful or unlawful, that Bend The Bar

determines to be harmful to its subscribers, operations, reputation, goodwill

or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities

just described rests primarily with the subscriber. Bend The Bar will

not, as an ordinary practice, monitor the communications of its subscribers

to ensure that the comply with Bend The Bar’ policy or applicable law.

However, when Bend The Bar becomes aware of harmful activities, it may

take any action to stop the harmful activity, including, but not limited

to, removal of information, shutting down a web site, implementing screening

software designed to block offending transmissions, denying access to

the Internet, or any other action deemed appropriate by Bend The Bar.

Bend The Bar is also aware that many of its subscribers are themselves

providers of Internet services, and that information reaching Bend The Bar’

facilities from those subscribers may have originated from a customer

of the subscriber or from another third party. Bend The Bar does not

require its subscribers who offer Internet services to monitor or censor

transmissions or web sites created by customers of its subscribers. Bend The Bar

reserves the right to directly take action against a customer of its subscribers.

Also, Bend The Bar may take action against the Bend The Bar’ subscriber

because of activities of a customer of the subscriber, even though the

action may affect other customers of the subscriber. Similarly, Bend The Bar

anticipates that subscribers who offer Internet services will cooperate

with Bend The Bar in any corrective or preventive action that Bend The Bar

deems necessary. Failure to cooperate with such corrective or preventive

measures is a violation of Bend The Bar policy.

Bend The Bar will not intentionally monitor private electronic mail

messages sent or receive by its subscribers, unless required to do so

by law, governmental authority or when public safety is at stake. Bend The Bar

may, however, monitor its service electronically to determine that its

facilities are operating satisfactorily. Also, Bend The Bar may disclose

information, including, but not limited to, information concerning a subscriber,

a transmission made using our network, or a web site, in order to comply

with a court order, subpoena, summons, discovery request, warrant, statute,

regulation or governmental request. Bend The Bar assumes not obligation

to inform the subscriber that subscriber information has been provided

and, in some cases, may be prohibited by law from giving such notice.

Finally, Bend The Bar may disclose subscriber information or information

transmitted over its network where necessary to protect Bend The Bar

and others from harm, or where such disclosure is necessary to the proper

operation of the system. However, Bend The Bar will never sell information

to other services or outside companies.

Bend The Bar expects that its subscribers who provide Internet services

to others will comply fully with all applicable laws concerning the privacy

of online communications. A subscriber’s failure to comply with those

laws will violate Bend The Bar policy. Finally, Bend The Bar wishes

to emphasize that, in signing the Service Agreement, subscribers indemnify

Bend The Bar for any violation of the Service Agreement, law or Bend The Bar

policy resulting in loss to Bend The Bar or the bringing of any claim

against Bend The Bar by any third party. This means that, if Bend The Bar

is sued because of a subscriber’s or customer of a subscriber’s activity,

the subscriber will be responsible for payment of any damages awarded

against Bend The Bar, plus costs and reasonable attorney’s fees.

We hope this AUP is helpful in clarifying the obligations of Internet

users, including Bend The Bar and its subscribers, as responsible

members of the Internet. Any complaints about a subscriber’s violation

of this AUP should be sent to paul.watson-1o1ndqc2@yopmail.com.