Terms and Conditions

This AGREEMENT is entered into between You, the subscriber, and First Degree Solutions, LLC relating to the provision of web hosting services.

1  SERVICES

1.1  Web Hosting and Data Storage

Under the terms and conditions of this Agreement, First Degree Solutions, LLC will provide You with web hosting, including data storage services for data You wish to publish on the Internet (collectively the "Service").  You will be responsible for obtaining all licenses and permissions required to provide and distribute the data which You publish.

1.2  Programming Services

First Degree Solutions also offers programming and information publishing services.  Please contact First Degree Solutions directly for rates and further information.

2  CHARGES

You will be billed monthly.  All charges are due and payable according to the terms given on First Degree Solutions' invoice.  If full payment is not received by the date due, You may thereafter be charged up to the maximum legal interest rate on any unpaid balance, and your account may be canceled.  If your account is canceled, a service charge equal to twice setup fee amount must be received by First Degree Solutions, LLC before your Service is reinstated.  First Degree Solutions reserves the right to refuse service reinstatement.  You remain liable for all incurred but unpaid charges.

3  ONLINE CONDUCT

First Degree Solutions exercises no control over, and assumes no responsibility for, the content of the information passing through its network.  Our network may only be used for lawful purposes, and such activity is both permitted and encouraged.  You agree to be bound by the following rules, which also apply to any of Your Authorized Users.  You are responsible for assuring that any Authorized Users are in compliance with this rules.

The following activities are prohibited.  You, and/or Your Authorized Users, may not:

(i) restrict other users' access to or enjoyment of the Service or of the Internet.

(ii) Post or transmit through the Service any data, information or other materials (including software) which is unlawful, obscene, false or deceptive, defamatory, harassing or invasive of privacy rights or which violates any copyrights or other intellectual property rights.

(iii) Use the network to disrupt the service or privacy of others including unsolicited advertising, detrimental network activity, tampering with security mechanisms, accessing files, data, or using services which are not publicly available, introduction or use of computer viruses, worms, or other software designed or intended to harm, probe, infiltrate, monitor or disrupt computer systems.

(iv) Attempt to access or modify any data not explicitly belonging to them within the First Degree Solutions network without permission of the file's owner, nor attempt to capture or obtain passwords, confidential data, or other information not made publicly available through well-known access protocols.

(v) Publish web pages that contain, or contain links to, any of the following: nudity, sex, pornography, foul language, hate propaganda, anything illegal, mail fraud or pyramid schemes.  This includes anything considered adult material.

The Service may also include an area in which You may buy and sell goods and services online to other Internet users.  You will be solely responsible for all such online transactions, including ordering, sale, billing and collection of all applicable fees and taxes, delivery of the goods/services and the like.  By making goods or service available through the Service, First Degree Solutions, LLC does not endorse such goods or services.

First Degree Solutions, LLC will not censor, edit or pre-screen the information You provide, or which is available through the Service.  However, if First Degree Solutions knows or has reason to believe that You or an Authorized User have violated any of the terms and conditions of this Agreement, First Degree Solutions, LLC will take the necessary action to limits its liability, including immediate cancellation of your subscription and deletion of your data from First Degree Solutions' servers.

You may select, as your identifier on the Service, any user name which is at least 5 characters in length and which is not already being used by another Service subscriber.  Your user name must always appear with your postings through the Service.  Your legal name must be used in our records.

4  SUBSCRIBER'S REPRESENTATIONS

You must be 18 years of age or older to subscribe to the Service.  You agree to defend, indemnify and hold harmless First Degree Solutions, its affiliates and its suppliers from and against any and all claims, actions, causes of action, liabilities, damages, costs and expenses, including attorneys' fees, arising out of or related to: (i) violation of this Agreement by You or your Authorized Users; or (ii) your use of the Service or the posting or transmission of any information, software and other materials on the Internet by You or Authorized Users.

5  DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

First Degree Solutions, LLC makes no warranties of any kind, whether expressed or implied, for the service it is providing.  First Degree Solutions, LLC will not be responsible for any damage you suffer, including, but limited to, loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by its own negligence or your errors or omissions.  Use of any information obtained via First Degree Solutions' network is at your own risk.  First Degree Solutions specifically denies any liability for the accuracy or the quality of information obtained through its services.

6  YOUR EQUIPMENT AND SOFTWARE

You are responsible for obtaining the software, and equipment necessary to access the Service.  Although First Degree Solutions or its suppliers will use standards-based routing protocol and product support, First Degree Solutions, its affiliates and its suppliers will not be liable for any changes in the Service which affects the performance of your software or equipment.

7  TERM AND TERMINATION

This Agreement will become effective upon execution by both parties.  You may terminate the Agreement at any time by notifying us in writing.  Unless you are in violation of any of the terms and conditions of this Agreement, First Degree Solutions may terminate the Agreement with twenty days advance written notice to You.  If You breach this Agreement, First Degree Solutions will have the right to immediately terminate this Agreement and to cancel your subscription to the Service.  In any event, the minimum period of this Agreement will be one (1) month, and You will be liable for the fees for the Service through the end of the month in which Service is terminated.

Upon any termination of this Agreement, First Degree Solutions will delete your information (if any) stored on its servers.

8  ENTIRE AGREEMENT AND MODIFICATIONS

This Agreement constitutes the entire understanding between You and First Degree Solutions regarding the Service and supersedes any and all prior understandings and agreements, oral or written, relating to the Service.

First Degree Solutions may modify this Agreement, including applicable charges, at any time upon thirty (30) days notice to You.  Any other amendment must be in writing and signed by both parties.

9  ARBITRATION

Any dispute between the parties arising from, relating to, or based upon this Agreement shall be resolved through binding arbitration.  Arbitration shall be conducted under the commercial arbitration rules of the American Arbitration Association, and shall be held under the AAA's auspices in Minneapolis, Minnesota.

10  GENERAL PROVISIONS

This Agreement will be governed by and construed under the laws of the State of Minnesota.  Failure of either party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision nor of the right to enforce such provision.  Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby.