AltME World Hosting Agreement

Overview

This Agreement defines the terms and conditions for AltME World Hosting Services ("Service") between you ("Customer") and SafeWorlds, Inc. ("SafeWorlds"), a California corporation.

SafeWorlds may update and change this agreement from time to time without notice to Customer. You can find the most recent version of this hosting agreement on our website at http://www.altme.com/products/host-agreement.html.

For this document, a "World" is defined as an instance of an AltME Server that is compatible with the AltME client application and accessible across the Internet.

Services Provided

Subject to the terms of this Agreement, SafeWorlds will host Customer's AltME World on our secure server, including maintaining and updating the necessary server software.

The Customer may create individual user accounts for their World, up to the limit specified for the payment provided. SafeWorlds may strictly enforce this limitation, but failure to do so does not, in any way, waive this limitation.

As part of this agreement, SafeWorlds will reserve the Customer's World name solely for use with this World. If this agreement is terminated, the World name will be released for reuse unless registered separately by Customer.

Under this agreement, SafeWorlds does not provide backup services of Customer's World or any related data. (Note that each AltME client stores copies of the World data, which act as a virtual backup method should anything happen). At most, SafeWorlds will restore the Customer's World server to its original (empty) condition.

Service Interruptions

Due to the design of the Internet, SafeWorlds World services may experience outages (loss of connections) from time to time. Such outages, which may be caused by routing, backbone, or other infrastructure service failures, are normally beyond the control of SafeWorlds. Customer will not hold SafeWorlds responsible for times when the Internet or their World is unavailable.

Usage Policy

The Customer agrees to use the AltME software according to its license and conditions as provided separately with that software.

The Customer is responsible for the usage and content of their World. The Customer agrees to abide by all local and International laws with regard to the use of their World. Conduct that violates the law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned here, can result in the termination of this agreement.

The Customer is responsible for the administration of user accounts for their World. Upon initial World activation, the Customer agrees to immediately change their master account password. The Customer will use adequately secure passwords for all users accounts. Unauthorized access to Customer's World caused by password cracking (guessing) is the responsibility of the Customer.

Privacy Policy

SafeWorlds respects the privacy of its Customers and does not monitor the content of files associated with Customer Worlds. SafeWorlds privacy policy can be found on our website at http://www.altme.com/privacy.html

SafeWorlds reserves the right to cooperate with appropriate law enforcement authorities in an investigation, which may include any and all data and records associated with the Customer's World.

Payments

The amount paid for services depends on the number of user accounts created in the Customer's World. If the number of users increases above the purchased amount, the Customer will be sent an email notice regarding an increase in the service fee.

If the Customer requested monthly payments, the Customer's credit card will be automatically charged every 30 days. The Customer will be notified 15 days prior to the charge. The Customer is responsible for updating credit card information if account numbers or expiration dates change.

SafeWorlds will notify the Customer at the email address provided at the time of sign up if a credit card is refused for any reason. Customer is responsible for having a valid email address on file with SafeWorlds at all times.

Accounts not brought current within seven days of past due date are subject to suspension. Service fees continue to accrue during periods of suspension. A suspended World may be restored once payment is received, including a late fee of $10 US. If payment becomes 30 days past due, SafeWorlds may permanently discontinue services and release the World's name (if not separately reserved by Customer).

If the annual payment option was chosen, and the Customer terminates the service early, any refund will be prorated based on the current monthly rates.

Indemnity

Customer agrees to indemnify and hold SafeWorlds and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by Customer or any third party due to or arising out of the services or software.

SafeWorlds is not liable to Customer for any consequential, special, incidental, or indirect damages of any kind arising out of the delivery, performance, or use of this Service or its software, even if SafeWorlds has been advised of the possibility of such damages.

SafeWorlds’s liability, for any claim related to this Service or Software, whether in contract, tort, or any other theory of liability will not exceed the monthly hosting fees paid by Customer.

To the extent permitted by applicable law, the Service and software is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement.

Governing Law

Except to the extent local law provides otherwise, this Agreement is governed by the laws of the State of California, U.S.A. This Agreement is not governed by the United Nations Convention of Contracts for the International Sale of Goods.

If any provision of this agreement is held to be unenforceable, the remainder of the agreement shall not be affected, and the unenforceable provision shall be reformed to the extent necessary to make the provision enforceable.

Customers located outside the United States agree that this Agreement and all related documentation is and will be in the English language.

Version of 7-June-2004