Terms and Conditions

In this document the word "Client" refers to persons who use services provided by Samurai Industries, Inc. The words "Service Provider" also refers to Samurai Industries, Inc.

Acceptable Use

While it is not Service Provider's policy to monitor client web sites, nor to exercise any control over external services (even if such were possible), it is expected that Clients will practice ethical and responsible behavior in their use of our services. With this as a guideline, the following criteria are used to determine acceptable uses of Service Provider's services.

Service Provider's services may not be used to facilitate distribution of information whose content or meaning, or the distribution or transmission thereof, violates any applicable laws or regulations.

Service Provider's services may not be used to facilitate activities which disrupt or interfere with the performance or functional behavior of networks or systems. Such interference or disruption includes, but is not limited to: propagation of computer worms or viruses; and the transmission of information which, by virtue of its content, amount, or routing, degrades the performance, functionality, or reliability of any network or system.

Service Provider's services may not be used to facilitate activities which interfere with personal productivity, privacy, or comfort of users of systems or networks. Such interference or disruption includes, but is not limited to: distribution of unsolicited advertising or recruiting materials; and transmission of annoying amounts of information not desired by the recipient(s).

If and when such activities are brought to Service Provider's attention, and upon Service Provider's reasonable investigation, a Client is found to be in violation of this policy, such account is subject to termination of Service Provider's services, with the forfeiture of any and all fees paid to Service Provider.

Service Provider reserves the right to monitor any and all communications through or with its facilities. Client agrees that Service Provider is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

Billing and Payment

Client agrees to supply full and timely payment for the services received from Service Provider. Client agrees that all fees are non-refundable once service has been provided and that rates are published in U.S. Dollars and that payment must be made in U.S. Dollars. Client is also responsible for payment of any outstanding bandwidth charges (at a rate of $0.03 per megabyte) as a result of exceeding their transfer limit.

Indemnification

Service Provider provides electronic information storage and Internet access facilities for the private use of persons and organizations who desire to make certain materials available on the Internet.

As of today, Client does verify that materials posted or to be posted at Client's site, hosted by Service Provider, are not in violation of law, including copyright, trademark, personal privacy, publicity rights of persons living or dead, obscenity law. Client understands that Service Provider does not oversee or control content whether posted by the Client or on behalf of the Client by Service Provider or another person or entity. Client understands that Service Provider does not oversee or control those who post nor those who use posted information either at the site or by moving the posted material elsewhere. Client understands that if Service Provider reasonably believes that content of the site or usage of Service Provider's service is a violation of law, then Service Provider in its sole judgment may delete material or limit access to posted material to prohibit violations of law, and that Service Provider will give prompt notice to the client if such action is taken.

Client agrees to abide by any and all existing laws. Client further agrees to indemnify and hold harmless Service Provider in the event Service Provider incurs liability either for material posted by anyone at the site or for material from the site used by anyone. Client also agrees to assign any recovered attorney's fees and costs to Service Provider sufficient to cover Service Provider's costs of defending any claim 1) against me or against or against my named client/user, if Service Provider is compelled to so defend, or 2) against me or against my named client/user in which Service Provider is also named a defending party.

Client agrees not to hold Service Provider responsible for any loss Client suffer as a result of using services provided by Service Provider, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause.

Venue for Disputes

In the event either party pursues legal action, the action shall be initiated in Oakland County, Michigan.