INTRODUCTION

In this Service Agreement ("Agreement"), "you" and "your" refer to each customer ("Customer") and "we", "us" and "our" refer to Nathan Productions and/or Nathan Roemer ("Nathan Productions").  This Agreement explains our obligations to you, and your obligations to us in relation to your use of our services.  By selecting Nathan Productions' service(s) you have agreed to establish an account with us for such service(s).  When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional Nathan Productions' service(s) or to modify or cancel your Nathan Productions' service(s) (even if we were not notified of such authorisation), this Agreement covers any such service or actions.  BY USING NATHAN PRODUCTIONS' SERVICES, A CUSTOMER AGREES TO COMPLY WITH AND TO BE LEGALLY BOUND BY THE SERVICE AGREEMENT AS PUBLISHED ONLINE OR OTHERWISE AVAILABLE FROM NATHAN PRODUCTIONS FROM TIME TO TIME.  If the Service Agreement, Nathan Productions' services, or pricing is or becomes unacceptable to a customer, the customer's only right shall be to terminate its account in accordance with this Agreement.  Nathan Productions may change this Service Agreement in the future upon notice published online or otherwise provided by Nathan Productions.

FEES, BILLING, AND PAYMENT TERMS

As consideration for the service(s) you have selected, you agree to pay Nathan Productions the applicable service(s) fees.  All fees are due immediately upon notification (detailed below) and are non-refundable.  Nathan Productions may take all remedies available to collect fees owed.  Nathan Productions' services are offered for various terms, divided into two categories: services billed hourly (including, but not limited to, web site design, mailing list maintenance, and server configuration) and services billed on a regular calendar schedule (including, but not limited to, web site hosting, POP3 email accounts, domain name registration, and other one-time service fees).  Any renewal of your services with us is subject to our then current Service Agreement and payment of all applicable service fees at the time of renewal.

Nathan Productions will bill you for any service(s) rendered by electronic and/or paper invoice.  Unless otherwise noted, invoices will be sent on a monthly basis, and payment of service fees are due immediately upon receipt of an invoice detailing those fees.

Each invoice will include fees incurred from the 17th of the previous month to and including the 16th of the current month.  For example, an invoice sent in the month of June will include any fees incurred from the 17th of May to and including the 16th of June. For service(s) billed hourly, fees will be included on the next possible invoice.   For instance, service(s) billed hourly performed on 25 May will be included on the invoice ending on the 16th of June.  For service(s) billed on a regular calendar schedule, fees will be included on the next possible invoice after the new billing period begins.  For instance, for one year of web site hosting service beginning on 1 June 2000 and ending on 31 May 2001, fees for the entire period will be included on the invoice ending on the 16th of June 2000.

Rate changes will be effective when published on-line or otherwise provided to customers.  Payments not received on the due date are considered delinquent and are subject to immediate suspension.  Payments not made within 30 days of original billing date are subject to immediate termination without notice.  Fees for services billed on a regular calendar schedule will not be pro-rated.

If you pay by check, a bounced check will result in a $15 service charge.

CONTINUATION, RENEWAL, AND CANCELLATION OF SERVICE(S)

For services billed hourly, Nathan Productions will continue to perform such services until a customer's request has been fulfilled.  If a customer wishes to limit the amount of time that Nathan Productions should work to fulfil a particular request, then that customer must notify us of this condition before we begin working on that request.  Otherwise, a customer agrees to pay Nathan Productions the determined hourly rate until the request is either fulfilled by Nathan Productions or cancelled by the customer.  Should a customer cancel a request after work has commenced on that request, then the customer will be required to pay the determined hourly rate for the work completed up to the receipt of cancellation.

For services billed on a regular calendar schedule, Nathan Productions will continue to renew these services on your behalf until notified that you wish to cancel these services.  Unless otherwise noted, cancellations will become effective at the end of the current service period.  Cancellation requests must be received prior to the end of the current service period, or you will be billed in full for the next service period.  For example, for one year of web site hosting service beginning on 1 June 2000 and ending on 31 May 2001, a cancellation request must be received prior to 31 May 2001, or Nathan Productions may bill you in full for web hosting service beginning on 1 June 2001 and ending on 31 May 2002.

Cancellation requests must be made by telephone.  Cancellations may also be submitted in writing by regular post or electronic mail, but for the security of your account Nathan Productions reserves the right to seek telephone verification of cancellation requests before putting the cancellation into effect.

Accounts terminated for non-payment will be re-activated only upon the receipt of the full amount past due and a written request to re-instate the account.

Please note that Nathan Productions may take up to thirty days to re-activate any account that was terminated due to non-payment.

Nathan Productions reserves the right to cancel any account at any time.

THIRD PARTY SERVICE PROVIDERS

For certain services, such as domain name registration and web site hosting, Nathan Productions makes use of third-party service providers.  By requesting these services through Nathan Productions, you agree that Nathan Productions is authorised to purchase those service(s) on your behalf and that you are bound as a principal by all terms, conditions, service agreements, and any other contracts set fourth by all third party service providers.  By acting on your behalf, Nathan Productions certifies that we are authorised to apply for these services on your behalf, that we are authorised to bind you to the terms, conditions, service agreements, and any other contracts set forth by all third party service providers, and that we have apprised you of any information of that kind. In addition, you are responsible for any errors made by Nathan Productions. Neither we nor our third party service providers will be obligated to refund fees paid by you for any reason, including, but not limited to, in the event that any party fails to comply with the terms and conditions of this Agreement, incorrectly provides information in the application process for any service, or changes or otherwise modifies your any record incorrectly, including your domain name.

In addition, Nathan Productions reserves the right to establish new accounts with our third party service providers on an "as needed" basis to fulfil our obligations to our customers.  Whilst we do provide all of the service(s) requested and paid for by a customer in their entirety, Nathan Productions reserves the right to do so using the most efficient and/or profitable means for us, including, but not limited to, merging and/or sharing third party service provider accounts with other otherwise non-related and/or non-affiliated Nathan Productions customers.  Therefore, a customer must to allow up to 30 days processing time to transfer any service(s) to that customer's independent control or to transfer any service(s) to other service providers.   Nathan Productions is also not responsible for the time it takes our third party service providers to process any requests that we make on behalf of our customers.

MODIFICATIONS OF SERVICE

The services provided by Nathan Productions are expected to change from time to time.  Nathan Productions reserves the right to change any service offered or the features of any service offered without notice.

LAWFUL USE OF SERVICE

Nathan Productions' services may only be used for lawful purposes and in a manner in which Nathan Productions believes, in its sole discretion, to be consistent with the rights of other Nathan Productions customers and third parties. While Nathan Productions is not responsible for the content of hosted web sites, content on all Nathan Productions hosted web sites must comply with all federal, state and local laws and must not infringe the rights of any third party. Nathan Productions' services may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, Nathan Productions' services shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libellous or defamatory.

Determination of a violation will be made at the sole discretion of Nathan Productions, and Nathan Productions, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Nathan Productions reserves the right to release the names of customers involved in violations of the foregoing to system administrators at other providers, in order to assist them in resolving disruptions and security incidents, and to valid law enforcement authorities investigating illegal activities.

Customer agrees to reimburse Nathan Productions for all legal costs, personnel costs and processing costs associated with assisting law enforcement in the investigation of illegal activities.

EMAIL CONFIDENTIALITY

Electronic mail passes through multiple mail servers on the Internet as it passes from source to destination.  One can never be guaranteed privacy from every possible mail server; therefore, someone seeking total privacy should use some encryption scheme to render their messages unreadable by eavesdroppers.

Nathan Productions treats e-mail messages as private.  Exceptions are those permitted by law, including under the Electronic Communications Privacy Act of 1986 (the "ECPA").  The ECPA permits Nathan Productions limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate the system or protect Nathan Productions' rights or property, (ii) upon legal demand (court orders, warrants, subpoenas) or (iii) where Nathan Productions receives information inadvertently which appears to pertain to the commission of a crime.  Customers should be aware that electronic messages may be intercepted lawfully or unlawfully outside of Nathan Productions' services.  In addition, although Nathan Productions has implemented certain security measures, we cannot guaranty that any system that we use or the stored data of a customer will be free from unauthorised intrusion or otherwise guaranty the privacy of information of any customer.  In addition, any data and/or email that is incorrectly routed to Nathan Productions due to software malfunction will be manually forwarded to its intended recipient whenever possible.  We are not responsible for the privacy of such incorrectly routed data and/or email.

POLICY REGARDING THE SENDING OF UNSOLICITED EMAIL

Unsolicited commercial advertisements are not allowed in email accounts hosted by Nathan Productions, and will likely result in account suspension or cancellation.  If a customer is found to have sent out unsolicited e-mail (also known as "spam"), Nathan Productions will charge that customer's account $1 for each message sent out due to the customer's reckless use of system resources.

Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic.

SOFTWARE

As a courtesy to its customers, Nathan Productions has accumulated a library of software which is "shareware" or "freeware".  Nathan Productions is not the author of or otherwise responsible for any of such software or engaged in the sale or licensing of such software.  NATHAN PRODUCTIONS MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO FREEWARE OR SHAREWARE AVAILABLE TO CUSTOMERS.   NATHAN PRODUCTIONS ACCEPTS NO LIABILITY OF ANY KIND WITH RESPECT TO SUCH SOFTWARE OR ANY DAMAGES RESULTING FROM THE USE THEREOF.  CUSTOMER AND ANY OTHER USER ASSUMES ALL RISK OF ALL KINDS WITH RESPECT TO SUCH SOFTWARE.  CUSTOMER AND NOT NATHAN PRODUCTIONS MUST PAY ALL SHAREWARE LICENSE FEES.  NO CUSTOMER OR USER WILL ASSERT ANY CLAIM AGAINST NATHAN PRODUCTIONS WITH RESPECT TO ANY SOFTWARE OBTAINED THROUGH NATHAN PRODUCTIONS.

NOTICES AND ANNOUNCEMENTS

You authorise us to notify you as our customer of information that we deem is of potential interest to you.  Notices and announcements may include commercial e-mails and other notices describing changes, upgrades, new products and services, or other information pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters.  If you do not wish to receive bulk email solicitation notices or announcements please send us an email at remove@nathanproductions.com.

MODIFICATIONS TO AGREEMENT

Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and/or (2) change part of the services provided under this Agreement at any time.  Any such revision or change will be binding and effective immediately upon posting of the revised Agreement or change to the service(s) on Nathan Productions' web sites, or upon notification to you by e-mail or United States mail.  You agree to periodically review our web sites, including the current version of this Agreement available on our web sites, to be aware of any such revisions.  If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or United States mail addressed as follows, Attention: Service Agreement Termination, P.O. Box 8785, Erie, PA 16505-0785.  Notice of your termination will be effective on receipt and processing by us.  Any fees paid by you if you terminate your Agreement with us are non-refundable, but you will not incur any additional fees.   By continuing to use Nathan Productions' services after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes.  We are not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you may use to apply for our services; or in (ii) information posted on our web site of a general informational nature.  No employee, contractor, agent or representative of Nathan Productions is authorised to alter or amend the terms and conditions of this Agreement.

MODIFICATIONS TO YOUR ACCOUNT

For the security of your account, in order to change any of your account information with us, we reserve the right to verify any current account information with you before processing any change(s).  In no event will we be liable for the unauthorised use or misuse of your account information.

TERMINATION

Nathan Productions reserves the right, in its sole discretion, to terminate your access to any or all of our service(s), with or without notice.

DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH NATHAN PRODUCTIONS ("SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE.  THESE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  NATHAN PRODUCTIONS, OUR SUBSIDIARIES, AND OUR LICENSORS DO NOT WARRANT THAT THESE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THESE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THESE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOUR USE OF THESE SERVICES IS SOLELY AT YOUR RISK.  WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

USE OF NATHAN PRODUCTIONS' SERVICES AND THE INTERNET IN GENERAL IS AT CUSTOMER'S SOLE RISK. NATHAN PRODUCTIONS DOES NOT WARRANT THAT ITS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, FREE FROM UNAUTHORISED INTRUSION, OR THAT NATHAN PRODUCTIONS' SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY; NOR DO NATHAN PRODUCTIONS MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE(S) OR THE INTERNET IN GENERAL.

We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorised use or misuse of your account information; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your web site; or (8) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorised modification to your account.

UNDER NO CIRCUMSTANCES SHALL NATHAN PRODUCTIONS, OUR SUBSIDIARIES, OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, OUR SERVICES OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF NATHAN PRODUCTIONS HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, NATHAN PRODUCTIONS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

Upon a request by Nathan Productions, you agree to defend, indemnify, and hold harmless Nathan Productions and our subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise under this Agreement, the Nathan Productions services provided hereunder, or from your use or misuse of our service(s), including without limitation infringement or dilution by you, or someone else using our service(s) from your computer, of any intellectual property or other proprietary right of any person or entity, or a violation of any of our operating rules or policies relating to the service(s) provided.  Nathan Productions reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will co-operate with Nathan Productions in asserting any available defences.

CHOICE OF LAW AND FORUM

This Service Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflicts of law rules.  You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of our service(s) shall be filed only in the state or federal courts located in the Commonwealth of Pennsylvania, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Nathan Productions with respect to our service(s) and supersedes all prior or contemporaneous communications, proposals, agreements, and understandings (whether oral, written, or electronic) between you and Nathan Productions with respect our service(s), whether established by custom, practice, policy, or precedent.  If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

NON-ASSIGNMENT

Your rights under this Agreement are not assignable.  Any attempt by you to assign your rights shall render this Agreement voidable at our option.  Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, garnishment or otherwise, shall render this Agreement voidable at our option.

AGREEMENT TO BE BOUND

By applying for a Nathan Productions' service(s) under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by Nathan Productions.

This is Nathan Productions Service Agreement Version Number 1.0.