Upon notice published on-line, Endless Graphics may modify these terms and conditions, amplify them, and/or modify the fee charged, as well as discontinue or change the services offered. If you do not agree to these terms and conditions, please notify our accounting department at (818) 247-1724 so we may initiate the termination of your user account. If you have any questions about the Endless Graphics Acceptable Use Policy, please contact the Endless Graphics Customer Service department.

1.1 Endless Graphics will provide services on its computing and network systems to individual account holders in exchange for payment of fees and compliance with the terms and conditions of this document.

1.2 Endless Graphics services are defined as the use by the account holder of computing, telecommunications, Endless Graphics software, and information services provided by Endless Graphics. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the "Internet".

1.3 Endless Graphics may provide computer software and programs with its user accounts. However, Endless Graphics does not provide a warranty, either expressed or implied, as to the usability or behavior of these programs.

1.4 Endless Graphics services include access to the worldwide USENET discussion groups (newsgroups). Some of these discussions may contain language or pictures about subjects intended for Adult audiences. Account holders less than 18 years old must have a parent or legal guardian agree to these conditions to indicate acceptance and knowledge of this.

1.5 Endless Graphics will publish a notice of fee changes before increases will take effect.

1.6 Endless Graphics reserves the right to refuse service to anyone for any reason.

2.1 Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using Endless Graphics services. Account holders may also re-distribute materials in the public domain. The account holder assumes all risks regarding the determination of whether the material is in the public domain.

2.2 As provided by United States federal law and by International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using Endless Graphics services without the permisssion of the copyright holder. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor the copyright notices be modified.

2.3 Note that some materials available on the Internet are called "SHAREWARE." These materials may be downloaded and used, but they are copyrighted materials. The copyright holder usually gives permission to use the material for examination. If you choose to continue using the materials, the copyright holder requests that you register your usage and may ask that you pay a license fee.

3.1 Endless Graphics user accounts are for individual users (even if paid for by their employer or company account) and the account holder therefore agrees not to share the password of the account. The account holder acknowledges that Endless Graphics will terminate the account after appropriate notification if the account holder does not comply.

3.2 The account holder agrees to maintain a secure password to the account. Secure passwords are those that are at least 5 characters long, contain two or more of the following: upper case characters, lower case characters, numbers or mathmatical characters. Furthermore, the password should not be found in direct or reverse order in a dictionary.

3.3 The account holder agrees not to use any process, program, or tool via Endless Graphics services for guessing the passwords of account holders on Endless Graphics or other systems. The account holder agrees not to use Endless Graphics services to make unathorized attempts to access the systems and networks of others.

3.4 The account holder agrees to use the services provided by Endless Graphics as permitted by applicable local, state, and federal laws. The account holder agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law.

4.1 The account holder acknowledges that Endless Graphics makes an honest effort to keep the information or services available on Endless Graphics's systems accurate or available to other interconnecting networks. However, Endless Graphics can make no warranty of any kind, either expressed or implied, regarding the availability, quality, accuracy, or validity for the data or services provided. Use of information and services obtained from or through Endless Graphics is at the risk of the account holder.

4.2 The account holder also acknowledges that the information available through the interconnecting networks may not be accurate or always available. Endless Graphics has no ability or authority over the material. Endless Graphics can make no warranty of any kind, either expressed or implied, regarding the availability, quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through Endless Graphics services is at the risk of the account holder.

4.3 The account holder also acknowledges that some websites may contain viruses and/or harmfull programs, and that by browsing and viewing these websites, the account holder may contract these viruses and/or become somehow infected. Endless Graphics has no ability or authority over these websites. Endless Graphics can make no warranty of any kind, either expressed or implied, regarding the safety of or provide any pre-warning of the possible precence of viruses or harmfull programming contained in these websites. The browsing of and viewing of any website is at the risk of the account holder.

4.4 The account holder agrees to indemnify and hold Endless Graphics harmless from any claims, including attorney's fees, resulting from the account holder receiving Endless Graphics services which cause direct or indirect damage to another party.

5.1 The Endless Graphics billing cycle is monthly, starting at the first day of the month, and continuing for one month, unless otherwise arranged or prorated to a different billing cycle.

5.2 Endless Graphics user accounts which are pre-paid to take advantage of term discounts are non-refundable in the event of account cancellation.

5.3 Delinquent accounts are those that are unpaid 30 days after the first of the month due date, or those whose payments which are refused by the account holder's credit card company or bank.

5.4 Accounts that are delinquent are put on "accounting lock" and may not be used. Endless Graphics accounts continue to accrue usual charges while they are locked.

5.5 Accounts that are on accounting lock will only be "unlocked" after the Endless Graphics Accounting department has cleared the account and the account is paid in full. Accounts will only be unlocked during the hours of 9am-5pm Monday-Friday, Pacific Time, excluding holidays.

5.6 Accounts provifing hosting that are connected with design and/or programming services being, or that have been delivered, by Endless Graphics, may be put on account lock until paid in full, and/or cancelled, for non-payment of the design and/or programming services connected thereto.

5.7 The account holder acknowledges full responsibility for the account until payment in full is made.

6.1 Cancellation requests for Endless Graphics accounts must be received via acknowledged email or in writing via fax or postal service at Endless Graphics's main office 30 days prior to said cancellation. Such requests must be received before the billing recycle day at which the customer's account would normally cycle in order to be processed so that the customer is not billed for the next usage period.

6.2 All Endless Graphics accounts must be paid in full before the transaction will be considered complete.

6.3 Inactive mailboxes not checked in over 6 months time will be changed so that no additional email may be received. Existing mail can be checked during a hold period of 90 days, however new mail can not be received. If the customer wishes to fully reactivate the account, he/she must contact Endless Graphics. If after the hold period of 90 days, Endless Graphics is not contacted, the account mailbox will be deleted.

7.1 Any use of Endless Graphics system resources that disrupts the normal use of the system for other Endless Graphics users is considered to be abuse of system resources and is grounds for administrative intervention, including account suspension. Examples of system misuse can include, but are not limited to, the following: Violation of Endless Graphics's published usage limits, such as the continuous online time limitation, multiple logins or using Personal World Wide Web Pages for commercial purposes. Running automation programs (commonly called "bots") on Endless Graphics's server systems and/or other server systems through Endless Graphics's dialup access links. Leaving unattended systems online for other's use. Sending unwanted or large amounts of unwanted e-mail messages, posting commercial advertisements in USENET newsgroups, or making large numbers of article posts to inappropriate newsgroups (behavior commonly referred to as "spamming") through Endless Graphics electronic mail or USENET news servers, Use of profanity, sexually explicit language, or sexually explicit material on World Wide Web homepages stored in a Endless Graphics user account, or in electronic mail stored or transmitted through Endless Graphics computer systems. Use of copyrighted materials without permission of the copyright holder on World Wide Web homepages stored in an Endless Graphics user account.

7.2 Modification, alteration, reverse engineering, decompilation, dissasembly or creation of derived works based on Endless Graphics's installation software or associated setup utilities is an abuse of Endless Graphics services.

7.3 Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or, if severe enough, have their account suspended by Endless Graphics Technical Support without prior notice. If the misuse is unintentional, the suspension may be rescinded at the discretion of Endless Graphics's Technical Support Manager.

7.4 Violations of any of the Endless Graphics conditions of use are unethical and may be criminal offenses. When Endless Graphics becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further unauthorized activity, Endless Graphics may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at Endless Graphics's discretion.

8.0 Privacy Policy

8.1 Endless Graphics considers your privacy to be important.  The purpose of this policy is to make sure you understand the information we may collect about you and what we do with it.

8.2 CONSENT.  PLEASE BE AWARE THAT IF YOU USE THE Endless Graphics SERVICE, YOU WILL BE CONSENTING TO THE TERMS OF THIS Endless Graphics PRIVACY POLICY.  IF YOU DO NOT WANT YOUR INFORMATION TO BE UTILIZED AS PROVIDED, THEN YOU SHOULD NOT UTILIZE OR ACCEPT THE Endless Graphics SERVICE.

8.3 Collection of information about you by Endless Graphics.  When you register to use a Endless Graphics service, we may ask you (or you may be asked by prompts from the web site, for example), to provide or we may collect from you the following kinds of information:

Your Name, address (including your e-mail address), telephone numbers, levels of service.

When this information is used in a manner that identifies you, this information shall constitute "Personal Information".  When this information is used in a manner that does not identify you, this information shall constitute "Statistical or Aggregated Information".  Federal law allows Endless Graphics to collect Personal Information from or about you using the Endless Graphics service without your consent in order to: (i) obtain information necessary to render the Endless Graphics service to you (ii) to detect unauthorized reception of service.  Endless Graphics may collect other Personal Information from you with prior written or electronic consent.

8.4 Use of Personal Information by Endless Graphics.  Endless Graphics uses Personal Information for legitimate business activities related to the provision to you of a Endless Graphics service, including, without limitation, to bill you for Endless Graphics services, for accounting or tax purposes, to detect unauthorized use of a Endless Graphics service, violation of the Endless Graphics Acceptable Use Policy, or violation of law, and for mailing or sending promotional material or information to you about products and services.

8.5 Security Measures.  Endless Graphics will implement reasonable security measures to protect Personal Information from unauthorized access.

8.6 Caution regarding posting of information by you.  We remind you that when you post any information about yourself or others to Chat Rooms or similar interactive bulletin board sections of the Internet, you are revealing such information to strangers.  In addition, when you visit sites and other sections of the Internet, each may be governed by different privacy policies and any information you provide about yourself in such sections may not be protected by policies akin to this Endless Graphics Privacy Policy.  Please use caution and good sense.