LucidStream's Terms Of Service:

LucidStream's acceptable use policy. All customers of LucidStream agree to be governed by the policies set forth herein.

WHEREAS, LucidStream is an information provider connected to the Internet. LucidStream offers storage and transfer services over the Internet through access to its Web Servers;

WHEREAS, Customer seeks to utilize LucidStream's servers for its own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, LucidStream can make no guarantee that any given reader shall be able to access LucidStream's servers at any given time.

LucidStream represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

FINANCIAL ARRANGEMENTS
Customer agrees to applicable development, processing, production or integration costs associated with their project and also as applicable to their projects: a thirty (30) day contract minimum (or three (3) or six (6) or twelve (12) or twenty-four (24) month contract depending on length of pre-payment or monthly billing), beginning upon commencement of service which may be inclusive of website hosting and online video broadcasting.

There are per-plan one time setup fees (please refer to pricing for RapidStream™, HyperVideo™, Video Websites, or other plans which are subject to change pending market conditions), and if the customer wishes to cancel LucidStream services within thirty (30) days of the initial signup they shall be able to do so for any reason (aside from project abandonment, disablement for Terms of Service or Spam Policy violations) with a 30-day written notice submitted via fax to LucidStream at 858-605-0803. Depending upon the services, there may also be subscription, content delivery, managed services, e-commerce store, online video social network usage, and hosting fees billed monthly. There are no refunds for client cancellations. In some cases, a project kill-fee may be charged equal to a percentage value of the the total project.

After the first 30 days of service in an ongoing service agreement (not month-to-month) between LucidStream and its customers where LucidStream has agreed to provide services for set pricing that will not fluctuate according to prevailing market rates for the duration of that agreement, LucidStream expects that its customers will honor those contracts until their expiration dates. Customers who cancel their on-going service agreements with LucidStream prior to their agreement expiration date or who refuse to pay per agreed-upon terms will be subject to any and all early termination fees, cancellation fees, and other service charges up to and including the amount of the entire agreement in addition to legal, court and collection costs plus any interest and nuisance fees that LucidStream is legally entitled to.

At the end of the contract term, the service agreement will automatically renew for successive thirty (30) day periods (or three (3) or six (6) or twelve (12) or twenty-four (24) month periods, depending on length of pre-payment) indefinitely until canceled in writing by either party with a 30-day written notice by either party after the expiration date of the original agreement.

"30-Day Money-Back Guarantee" offer only applicable to credit card payments for some starter or basic web hosting plans. Other forms of payment are non-refundable. Dedicated server payments are non-refundable. Domain registrations (including the value of any used free domain registrations included with the plan) and any other third-party fees are not refundable under any circumstances. Video production, video or data processing, website development and integration fees are non-refundable. There are no refunds on time and materials for design, programming, development or production services and LucidStream does not refund third-party fees incurred by customers. We will make every reasonable effort to work closely with our customers to ensure their satisfaction.

Violations of LucidStream's Terms of Service or Spam Policy may, at LucidStream's discretion, result in immediate disablement without refund.

Terms and Conditions Regarding Loans, Credits, Installment Payments, Monthly Licensing Fees, Software Monthly Fees, Monthly or Quarterly Special Software or Hardware Ownership Programs, and all other payments made on a monthly basis.

1.) LucidStream rarely charges interest, finance charges or fees for carrying paper, loans, accounts receivable, installments, any monthly fees, and any special monthly payments. Therefore, all LucidStream services, websites, servers, and developed applications will be used as collateral towards these types of payments.

2.) Periodic payments are due on or before their due date. If the client is late in making payment for any services, licensed use fees, white label fees or any other payments that are due, he/she will receive an e-mail notice to remedy the non-payment. The Client will have 24 hours to remedy the situation. All type of payments must clear the LucidStream Bank Account within the 24 hours. If such payment is not received by within 24 hours, all associated collateral services, server, applications, developments, and websites will be disconnected. All work will be halted and delayed until payment is made. Continued non-payment may result in breach of contract and other penalties that will be assessed on a case by case basis.

3.) For client websites, services, servers, development, and any application to be reinstated, the client will have to pay a determined fee, plus the payment(s) amounts due, plus a Reinstatement Fee of 50% of the total amount of the payment(s) due.

4.) The LucidStream Directors may intercede for the client if there is Majority Vote to intercede, which can be vetoed by the owners of LucidStream.

5.) At their discretion, the owners of LucidStream may waive a delayed payment due to some catastrophic event, or some other event that they may deem as a justifiable cause for delay.

PRICING AND PROJECTED COMPLETION TIMES
Price quotes and proposals sent by LucidStream are valid for up to five business days from the date that they are sent or up to the expiration date mentioned on the quote or proposal. All project turnaround or completion times mentioned in price quotes, proposals and agreements are projected based on current workload, timeliness of receipt of server ready materials, and other factors. Projected turnaround or completion times mentioned in quotes and proposals are estimates only and subject to change without notice.

TAXES
LucidStream shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or LucidStream's servers. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

LucidStream shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or LucidStream's servers. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

MATERIAL PRODUCTS
Customer will provide LucidStream with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of LucidStream. LucidStream shall make no effort to validate this information for content, correctness or usability. If the customer-supplied materials are unusable, LucidStream will charge the customer for time and materials to make the customer-supplied material "server-ready."

Use of LucidStream's services requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Webspace by the Customer. The following examples are offered:

Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTP'ing Webspace contents or use of HTML editors, graphics, text, sound, imagemapping, etc.

CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.

The Customer agrees that he or she has the necessary knowledge to create Customer's Webspace. Customer agrees that it is not the responsibility of LucidStream to provide this knowledge or Customer Support outside of the defined service of LucidStream. Customer understands that additional help and support are available from LucidStream on a consulting basis.

LucidStream will exercise no control whatsoever over the content of the information passing through the network.

LucidStream makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. LucidStream also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of LucidStream is at the Customer's own risk, and LucidStream specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and does not represent guarantees of available end to end bandwidth. LucidStream expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.

The customer agrees to make use of LucidStream servers primarily for the purpose of hosting a website, online video broadcasting and associated email functions. Servers are shared with other customers, and as such IRC-related activities, BitTorrent software, or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them to not close properly after being run) are not encouraged. IRC bots and bouncers (BNC) as well as BitTorrent software specifically may not be run on any LucidStream server, and if your processes are adversely affecting server performance disproportionately LucidStream reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the offending processes.

LucidStream specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", LucidStream may, at its option and at any time, reject this material, including but not limited to after it has been put on LucidStream's Servers. LucidStream agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of LucidStream. If the Customer fails to modify the material, as directed by LucidStream, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.

All domain names registered through LucidStream's affiliate relationship with, Register.com, that are 'parked' or are otherwise not immediately associated with a LucidStream hosting plan will be automatically pointed to a "Coming Soon" web page which informs visitors that the registrant has recently registered their domain name via Register.com. The Coming Soon web page may be modified at any time by LucidStream without prior notice to you and may include such things as, without limitation, links to additional products and services offered by LucidStream.

CUSTOMER TRADEMARKS AND COPYRIGHTS
Customer warrants that it owns or has the right to use its applicable trademarks, if any. Customer assumes all responsibility and liability for all material included in its video productions and websites. Customer agrees to indemnify and hold harmless LucidStream from any and all claims or litigation arising from trademark or property ownership, talent fees, attorney fees, royalties or other monies owed for usage of trademarks, creative materials or other works which the Customer represents as its own.

LUCIDSTREAM CONTENT LIMITATIONS
LucidStream provides its services for general audiences only. In the interest of all of its customers, LucidStream will not host, stream or broadcast ANY offensive, pornographic, defamatory, hate-related or other content that demeans any person, people or group. If such content is found on your website, LucidStream reserves the right to shut down the site without notice until that content is removed and will report any unlawful content to the proper authorities. Refusal to remove offensive content will result in account termination without refund. LucidStream will not be held liable for any loss of revenue or other inconvenience caused by a website shutdown of this nature.

LICENSE TO USE LUCIDSTREAM SERVICES
The customer is purchasing a license to use LucidStream's services, for which LucidStream may bill a one-time fee or an on-going subscription fee. At no time does LucidStream transfer rights to its intellectual properties or sell ownership of its technologies or services to clients, their end-users or third-parties, either expressly or implied unless stipulated in an individual agreement. LucidStream does not produce work-for-hire unless specifically agreed upon between LucidStream and a customer. Unless a buyout fee has been paid by a customer or a customer has otherwise paid LucidStream for a specific service provided by LucidStream according to an agreement between LucidStream and its customer, LucidStream owns all worldwide rights to use, transmit, broadcast and display all work produced by LucidStream for its customers.

HARDWARE, EQUIPMENT, & SOFTWARE
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access LucidStream.
LucidStream makes no representations, warranties or assurances that the Customer's equipment will be compatible with the LucidStream service.

LUCIDSTREAM DEDICATED SERVER STIPULATIONS
Bandwidth pricing and measurement frequency is subject to change at LucidStream's discretion. Customers affected by such changes will be notified no less than thirty (30) days in advance by LucidStream.

LucidStream is under no obligation to compensate Customer for downtime, whether the downtime be caused by Customer, LucidStream, or LucidStream's upstream providers.

Customer agrees that dedicated server payments are NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if customer chooses to discontinue service with LucidStream mid-way through the term.
Hardware upgrades to an existing 'platform' (platform defined as a motherboard/chassis combination) will be performed by LucidStream and shall incur an additional one-time labor fee of $100 as well as an increase to Customer's standard monthly rate.

LucidStream reserves the right to alter the dedicated server packages advertised on its website at its discretion. LucidStream is not required to upgrade Customers' hardware or bandwidth allocation as a result of a pricing or service package change. There will be an additional charge of $200 associated for any such hardware upgrade requested by Customer. Customer will not be required to upgrade hardware as a result of a pricing change.

For managed servers using "LucidSense" monitoring option, LucidStream is responsible for the security of the network, the kernel, and the base operating system (defined as the standard set of debian packages that come installed with the server). LucidStream may take any steps it deems necessary at any time to protect the security of your server (this generally includes applying security patches as well upgrading the entire operating system).

For unmanaged servers not using" LucidSense" monitoring option, Customer is responsible for keeping the security of their system up to date. This includes but is not limited to the following requirements:

1) the kernel will be patched within 7 days of any announced security hole relating to the kernel

2) any security patches for all installed software must be applied within 7 days of their general announcement to the security community at large.

LucidStream is not responsible for notifying unmanaged servers of the need to apply patches. Failure to comply with these requirements is grounds for termination of contract without refund. LucidStream reserves the right to take any action upon unmanaged dedicated servers it deems necessary at any time to protect the security and integrity of LucidStream's network.

AGE
The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.

INTERNET ETIQUETTE
Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of LucidStream may not be used to impersonate another person or misrepresent authorization to act on behalf of others or LucidStream. All messages transmitted via LucidStream should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.

Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. This includes (but is not limited to) such things as port scanning of either LucidStream or external computers and Denial Of Service attacks of any kind.

TERMINATION
This contract may be terminated by either party, without cause, by giving the other party 30 days written notice if such allowance for termination has been made in an individual customer agreement. If such an allowance has been made, LucidStream will accept termination by electronic mail and may send termination notices by electronic mail. Notwithstanding the above, LucidStream may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Upon notice of cancellation by a customer, LucidStream will charge fees for cancellation including but not limited to a project kill-fee of 50% of any unbilled or uncollected project costs in addition to any time and materials costs, attorney and legal fees, collections fees and court costs, regardless of whether the project was fixed-price project. If customer fails to pay any requested early termination or cancellation fees, customer will automatically relinquish any and all worldwide ownership rights of their content including content on any system hosted or managed by LucidStream and including any associated identities, brands or trademarks. Non-payment of fees by customer automatically voids any non-disclosure or confidentiality agreements between LucidStream and customer for customer's benefit. LucidStream reserves the right to charge reinstatement fees and interest. LucidStream may, at its sole discretion, re-sell any work that was unpaid for or otherwise abandoned by client.

LIMITED LIABILITY
Customer expressly agrees that use of LucidStream's Server is at Customer's sole risk. Neither LucidStream, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that LucidStream's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the LucidStream service, unless otherwise expressly stated in this contract.

Under no circumstances, including negligence, shall LucidStream, its offices, agents or any one else involved in creating, producing or distributing LucidStream's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the LucidStream service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, acts of war, communication failure, theft, destruction or unauthorized access to LucidStream's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on LucidStream's Server service.

Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the amount which Customer paid during the term of this contract and any reasonable legal fee and court costs. Customer agrees that jurisdiction for any claims or arbitration  is in Las Vegas, Nevada.

LAWFUL PURPOSE
Customer may only use LucidStream's Server for lawful purposes. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information on LucidStream's Server for the purpose of illegal distribution or infringement.

Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use LucidStream's Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at LucidStream. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.

INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold LucidStream harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against LucidStream, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless LucidStream against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with LucidStream's Server;

any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; r>
copyright infringement;

any defective product which Customer sold on LucidStream's Server.

CONTRACT REVISIONS
This contract is subject to change.

Revisions will be considered agreed to by the Customer.

TRANSFER OR ASSIGNMENT
Customer may not transfer or assign this contract without the written consent of LucidStream.

CONTRACT
These Terms and Conditions constitutes the entire Contract and understanding of the parties.

Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties.