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Aim High!, Inc. Terms and Conditions (rev. 6/12/2009, previous 3/4/2009)

Aim High, Aim High! and the Aim High! logo are all registered trademarks of Aim High!, Inc.

1.   Aim High!, Inc. (also known as AIM HIGH) services may only be used for lawful purposes. AIM HIGH expressly forbids the transmission of any material the transmission of which would violate any US or state regulations. Such transmissions include but are not limited to: material protected by trade secret, material judged to be threatening in nature and copyrighted material. You agree to indemnify and hold harmless AIM HIGH from any responsibilities for the accuracy or quality of information obtained through its services. (3/1/94)

2.   AIM HIGH exercises no control whatsoever over the contents of the information passing through its systems. Additionally, no warranties of any kind, whether expressed or implied, exist for any service provided by AIM HIGH. AIM HIGH also disclaims any warranty or merchantability or fitness for a particular purpose. AIM HIGH will not be responsible for any damages you suffer. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via any AIM HIGH service is at your own risk. AIM HIGH specifically denies any responsibility for the accuracy, quality or suitability of information obtained through its services. (3/1/94)

3.   Notwithstanding number 2 above, you agree that should we be found liable in a court of law for any reason relating to your of AIM HIGH services our liability is limited to the unused portion of your subscription fee. (3/1/94)

4.   You know that this system contains an unabridged copy of the information known as "UseNet", and access to other systems and that portions of the system may contain messages that you may find offensive. AIM HIGH does not censor or in any other way control the contents of this or any other on-line information, and that nearly all of the information found here originates on systems other than those under direct AIM HIGH control. You are further aware that AIM HIGH cannot confirm the proper classification of information presented in any area of the system. By giving the command(s) to view or transfer any information or file on any AIM HIGH system, or any system reached through an AIM HIGH system, you are consenting to the display or transfer of the information presented and waive all rights and claims toward AIM HIGH and its owners. (3/1/94)

5.   AIM HIGH prohibits any attempts to retrieve significantly large amounts of news and/or mail from its network outside of methods specifically endorsed by AIM HIGH. (3/1/94)

6.   AIM HIGH prohibits any attempts to bypass its pricing structure by any means without the prior written consent of AIM HIGH!, INC. (3/1/94)

7.   AIM HIGH reserves the right to change the rates and otherwise modify any of these Terms and Conditions by notifying you 30 days in advance of the effective date of the change. The posting of these changes in our terms and condition is understood to be notification. (3/1/94, updated 1/1/04.)

8.   Excessive use of time on our dial-up phone lines is prohibited. Excessive is here defined to include but not limited to connections that stay running more than 2 continuous hours per day via any unattended machine(except where otherwise allowed). Accounts are limited to 250 hrs. usage per month. Secondary accounts are available at a reduced rate. (3/1/94 rev. 10/1/04 added last two sentences rev. 2/1/07 change hours to 250 from 150)

9.   AIM HIGH may discontinue any or all levels of service at its discretion. Should this occur, accounts will be refunded on a pro-rated basis. (3/1/94)

10.                You agree to indemnify and hold harmless AIM HIGH! Incorporated and its owners from all claims which are a result of your usage, without limitation. Unless provided in writing, usage of Aim High! Internet services is limited to non-commercial usage.(3/1/94)

11.                You agree that the security of your account, including password, is your responsibility and that all use which emanates from your account will be considered to be undertaken by you unless it can be shown to have been an unauthorized intrusion. You agree to notify AIM HIGH immediately if you believe that your account has or is being compromised. We will only provide account information via a call back or fax to a known phone number and individual that we have on file in our offices.(5/1/95)

12.                You agree to keep AIM HIGH informed of your current legal mailing address, your current phone number and, if applicable, your fax number. AIM HIGH will not disclose this information to any third party except upon the presentation of a valid warrant or court order. Transfers of domain names, e-mail, dial-up accounts, etc. will only be completed when the client provides AIM HIGH with explicit written consent by an approved officer of the corporation or the individual assigned as the agent for each type of service. AIM HIGH reserves the right to refuse or reverse transfers until all billing disputes have been resolved.(5/1/95)

13.                Payment for services is due in advance. Accounts thirty (30) days past due are late, accounts forty-five (45) days past due are subject to suspension and accounts sixty (60) days past due are subject to termination. All suspensions and terminations are subject to significant reinstatement fees. (3/1/94)

14.                Domain Registration/Protection. For certain domain registrations for our customers AIM HIGH may, at its sole discretion register similar domain names to protect future rights of the registering party of the primary name (customer). At such time AIM HIGH will inform the customer that this registration will occur. If the customer wishes to register the new domain(s) the customer may do so. If not AIM HIGH will register these names and it is understood that during the time the customer utilizes services of AIM HIGH that the name(s) will be used for the customer's benefit for no charge at that time, though will remain the property of AIM HIGH. At the termination of any hosting, dial-up or other professional agreements between AIM HIGH and the customer, the customer may transfer these names at a fair market value as determined by a third-party, less 20% plus any registration fees AIM HIGH may have paid. Should the customer NOT pay for and update the Registrant information of the names within thirty (30) days of the initial transfer, the customer agrees to relinquish any claim to the name(s). Additional domain registration Terms and Conditions are incorporated into these terms and conditions and can be found at http://www.getyername.com/tandc.html. (12/1/96, updated 1/1/04 changed “transfer” to update “Registrant information of”, , Rev. 3/4/2009 added additional terms for domain registrations.)

15.                Domain Abandonment. Should a customer (defined in the section above) stop paying domain registrations for any reason AIM HIGH reserves the right to maintain payments on such domains. The customer will have one year from the initial expiration date of the domain to reimburse AIM HIGH for the registration amount plus a $100 fee to maintain their rights for that name. If the customer does NOT make the reimbursement and fee payment by this date, the customer acknowledges that AIM HIGH is the owner of record and is authorized to make this change to any registering entity. (e.g. Network Solutions.) (12/1/96 rev. 1/1/99 changed Network Solutions, Rev. 7/1/02, changed date of term start)

16.                If any contract is not terminated, in writing, thirty (30) days prior to the end of the contract period, as describe in the Length of Contact section, or in the case of a domain name, by the listed expiration date this contract will automatically renew with the same terms. There are no month-to-month contracts. All dial-up, Internet services and webhosting accounts are either for 1 (one) year or a longer term if the billing rate reflects discounts provided by the longer term.(See Additional Storage and Transmission Charges.) Payment of the remainder on the contract is required at termination. (1/1/01 rev. 10/1/02 added last three sentences.)

17.                Domain Name Payments will be considered held for payment in arrears. That is, any outstanding payment for any Aim High! service will be paid from any monies received for domain name registration payments. During the registration period for a domain name, should their be an outstanding balance due Aim High on any service the funds held for domain name registrations can be applied by Aim High to the payment of these other services. The domain name will then be subject, immediately, to the terms listed in the sections Domain Registration/Protection and Domain Abandonment listed above. (1/1/04)

18.                Domains In Trust - AIM HIGH, at its discretion, reserves the right to place a domain in a trust status - by updated all contacts to AIM HIGH contacts - when both of the following occur 1.) The monthly fees for services are more than the yearly fee for the domain registration or, the current balance over 30 days due from the customer is greater than the yearly fee for the domain registration and 2.) In the past 18 months there have been amounts due over 60 days in excess of the yearly fee for the domain registration. Domains in "trust" status can only have their name servers modified and only by written request to AIM HIGH.(8/15/05)

19.                Domain Management by AIM HIGH - AIM HIGH uses a variety of domain Registrars to maintain domains used by our customers. You agree that AIM HIGH is your legal representative (Administrative Contact) for all domain functions and agree to allow us to update your domain records to reflect such. You agree that we can, solely at our discretion and without additional authorization, update the registrar of record for any domain name utilizing any AIM HIGH service over which you have control. (2/1/07)

20.                Any or All of these Terms may be altered or superseded through the use of a written agreement stating such between you and AIM HIGH!, INC. (3/1/94 rev. 1/1/98)

21.                Indemnity
You agree to defend, release, indemnify, and hold Aim High!, Inc. its contractors, agents, employees, officers, agents, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, relating to or arising under this Agreement, the Aim High!, Inc. services provided hereunder or your use of the Aim High!, Inc. services, including without limitation infringement of any intellectual property or other proprietary right of any person or entity, or from the violation of any Aim High!, Inc. operating rule or policy relating to the service(s) provided. When Aim High!, Inc. is threatened with suit by a third party, Aim High!, Inc. may seek written assurances from you concerning your promise to indemnify Aim High!, Inc.. Your failure to provide those assurances may be considered by us to be a material breach of this Agreement and may result in deactivation or loss of your services. IF LAWSUIT(S) OR OTHER LEGAL ACTIONS ARE THREATENED: If we are sued or threatened with lawsuit by any party or initiate any legal action in connection with Service(s) provided to you or disputes arising from Service(s) provided to you, we may turn to you to indemnify us and to hold us harmless from the claims and expenses (including attorney's fees and court costs). Under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as expenses are incurred, with all account notices sent to the contact information provided in association with your Services and/or account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate the Services for a failure to make or renew such a deposit. We will return any unused deposit upon the later of one year from deposit or the conclusion of the matter.
You agree to indemnify, defend and hold harmless Aim High!, Inc., their subcontractors, shareholders, directors, officers, employees, affiliates, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, your domain name registration. This indemnification requirement shall survive the termination or expiration of the registration agreement. (6/12/2009)

22.                This agreement can be updated at any time and becomes effective 30 days after the notice appears in these terms. These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of any AIM HIGH service constitutes acceptance of these Terms and Conditions immediately. (3/1/94 rev. added first sentence and last word 2/1/07)

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