Terms of Services
Revision date: Apr 29, 2009

All services provided by Shumate Mechanical LLC ("Shumate") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The customer agrees to indemnify and hold harmless Shumate from any claims resulting from the use of service which damages the customer or any other party.

Prohibited are files or content that promote any illegal activity or present information that may be damaging to Shumate's servers, or any other server on the Internet. Links to such materials are also prohibited. Examples of unacceptable content or links: pirated software, hacker programs or archives, warez sites.

Notice: If your account is found to contain illegal activity, files, software programs or any other illegal content, your account will be terminated immediately without notice. Additionally Shumate will notify the proper authorities of your actions.

Traffic Usage
All customer accounts come with a predetermined amount of traffic allowance. We monitor all accounts and may terminate an account for excessive traffic as solely determined by us.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of Shumate is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability
Shumate shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Shuamte's servers going off-line or being unavailable for any reason whatsoever. Furthermore, Shumate shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any content or account. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to support@shumatemechanical.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
Shumate cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a customer would have gained if their site was functioning. Certain services provided by Shumate are resold. Thus, certain equipment, routing, software and programming used by Shumate are not directly owned or written by Shumate. Moreover, Shumate holds no responsibility for the use of our customers' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Shumate sees fit.

Account Activation
By activating your account with Shumate, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer.

Server Uptime Guarantee
Although Shumate has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.

Shumate reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to make changes to our plans without notification.

Acceptable Use Policy
Revision date: April 29, 2009

As a provider of online services and other Internet-related services, Shumate offers its customers (also known as "Subscribers") the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Shumate respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Shumate reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Shumate has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective account, and is intended as a guide to the customer's rights and obligations when using Shumate's services. This AUP may be revised from time to time.

When customers obtain information through the Internet, they must keep in mind that Shumate cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the customer must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be offensive. Because Shumate cannot monitor or censor the Internet, and will not attempt to do so, Shumate cannot accept any responsibility for injury to its customers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When customers disseminate information from the Internet, they must keep in mind that Shumate does not review, edit, censor or take responsibility for any information its customers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Shumate's network and may reach a large number of people, including both customers and non-customers of Shumate, customers' postings to the Internet may affect others and may affect Shuamte's goodwill, business, reputation or operations. For these reasons, customers violate Shumate policy and the Terms and Conditions when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Shumate, but also because it can overload Shumate's network and disrupt service to Shumate's customers. When a complaint is received, Shumate will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Shumate reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Shumate choose to pursue and prosecute.

Adult-Oriented Content:
Shumate does not allow adult content.

Large File Policy:
Shumate is not for file hosting and distribution - as such, customers may not host any files that are observed to be available for the sole purpose of download.

Obscene Speech or Materials:
Using Shumate's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Shumate is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:
Using Shumate's network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitating a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:
Engaging in activities, whether lawful or unlawful, that Shumate determines to be harmful to its customers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the customer. Shumate will not, as an ordinary practice, monitor the communications of its customers to ensure that the comply with Shumate's policy or applicable law. However, when Shumate becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Shumate.

Shumate will not intentionally monitor private electronic messages sent or received by its customers, unless required to do so by law, governmental authority or when public safety is at stake. Shumate may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Shumate may disclose information, including, but not limited to, information concerning a customer, a transmission made using our network, or content, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Shumate assumes no obligation to inform the customer that customer information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Shumate may disclose customer information or information transmitted over its network where necessary to protect Shumate and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Shumate will not sell information to other services or outside companies.

Shumate wishes to emphasize that, in accepting these terms, customers indemnify Shumate for any violation of the terms, law or Shumate policy resulting in loss to Shumate or the bringing of any claim against Shumate by any third party. This means that, if Shumate is sued because of a customer's activity, the customer will be responsible for payment of any damages awarded against Shumate, plus costs and reasonable attorney's fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Shumate and its customers, as responsible members of the Internet. Any complaints about a customers's violation of this AUP should be sent to support@shumatemechanical.com.