1. Category 99, Incorporated (D.B.A. MacHighway/MacHighway) will provide all equipment necessary to host client website, including Fiber-optic Internet backbone connections and Macintosh servers. Client is solely responsible for all design, content, supervision, and backup of website. Technical support and service are provided through e-mail and toll-free telephone during office hours only.

2. It is understood and agreed that Category 99, Incorporated will in no way be held liable or accountable for website programming or content, and does not guarantee the security of information or of the network connected to the Internet. Client agrees to defend, indemnify, save, and hold Category 99, Incorporated harmless from any and all demands, liabilities, losses, costs, and claims that may arise or result from any service provided, performed, or agreed to be performed or any product sold by client or its agents. This includes liabilities arising out of injury to person or property caused by products sold or distributed via MacHighway Category 99, Incorporated servers; material supplied by client violating or allegedly violating the proprietary rights of a third party; copyright infringement; and defective product sold or distributed via Category 99, Incorporated servers. Client agrees to comply with all local, state, national, and international laws regarding use of the Internet, including but not limited to trademark, copyright, patent, tax, and tariff. Category 99, Incorporated reserves the right remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.

3. Category 99, Incorporated makes no warranties of any kind, expressed or implied, for services provided; and disclaims any warranty of merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, misdeliveries, and any and all service interruptions. Should hosting services be unavailable less than 99% of the time for a given month for reasons solely attributable to Category 99, Incorporated or its employees, client will be credited for a full month's service for the web site in question.

4. Category 99, Incorporated requires a minimum three-month contract for services if paying by check. Payment is due at the beginning of each service interval. Category 99, Incorporated reserves the right to terminate client service at the end of each payment cycle, or at any time due to lack of payment. Client may discontinue service at any time, provided that said cancellation is received by MacHighway Category 99, Incorporated in writing, via e-mail, and minimum contract period has been met. The minimum contract period is:

* One month if paying monthly
* Three months if paying quarterly
* One year if paying annually

For the clients convenince the client's account will be renewed at the end of each contract period unless client informs Category 99, Incorporated of cancellation according to these terms.

5. Domain Name Registration. $9.95/year domain name registration and transfer price only applies to .com, .net, .org, .biz, .info and .us domains. If you cancel hosting for the associated domain name the domain registration is not automatically canceled; Category 99, Incorporated dba MacHighway will continue billing you yearly for the domain registration as long as you have "Auto-Renew" set for the domain registration. Domain name registrations and transfers are non-refundable once completed. Domain name registrations are completed automatically and immediately after you complete your order by clicking on the "Process My Order" button in the order form. Other terms specific to the top level domain name please see:

Domain Name Registration Agreements

.com .net .org Registration Agreement

.us Registration Agreement

.info Registration Agreement

.biz Registration Agreement

6. "Spamming" or the mailing of unsolicited messages is not permitted through the Category 99, Incorporated e-mail system and can result in termination of services. Also, the use of spamming, or a mailing of unsolicited e-mail messages to advertise/promote a site hosted by MacHighway, regardless of point of origin, can result in termination of services.

Unsolicited means that the Recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages, all having substantively identical content.

Category 99, Inc. dba MacHighway/MacHighway subscribes to the Spamhaus Projects definition of spam (www.spamhaus.org):

A message is Spam only if it is both Unsolicited and Bulk.
- Unsolicited Email is normal email
(examples: first contact enquiries, job enquiries, sales enquiries)

- Bulk Email is normal email
(examples: subscriber newsletters, customer communications, discussion lists)

Technical Definition of Spam

An electronic message is "spam" IF:

(1) the recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients;

AND

(2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent.

7. In regards to bandwidth (transfer allowance) MacHighway charges $.10 a megabyte over the monthly allowance per each package (assessed on a weekly basis) if not paid in advance or $1 a gigabyte if paid in advance of the month the overage occurs.