TERMS OF SERVICE:

TERMS OF SERVICE Free and Paid RayanTech memberships. IMPORTANT NOTICE: RayanTech offers both Free and Paid memberships. Effective in March, 2001, the make-up of the Free service will change, and RayanTech will offer on a paid basis Value, Charter and Pro memberships. For existing free RayanTech members, failure to notify RayanTech of your selection and conversion to one of these paid memberships by the applicable date set forth in notice to you, could result in your RayanTech free website being rendered inactive as of the cutoff date set forth in such notice. RayanTech continues to offer a free website membership, namely the Basic Membership. Please see RayanTech's membership pages for the details of each of RayanTech's memberships to see which membership is best for you. If you purchased a RayanTech paid membership after March 1, 2001 and choose to cancel your account, we will prorate the first month's payment and refund the appropriate amount. However, the setup fee is non-refundable. If you are a RayanTech Freedom member(those who registered for a RayanTech membership before March 1, 2001) and choose to cancel, we will prorate the total payment and refund the appropriate amount. However, because the setup fee is waived, your first month's payment is non-refundable. Western Union:(annual pre payments only) -for new members and current members the refund policy is the same as annual pricing refund policy. - manual processing fee is currently refundable as we do not explicitly state that this is non-refundable -for new members the set-up fee is non refundable everything else is refundable on a pro-rated basis. Achex (annual pre-payments only at his time) -for new members and current members the refund policy is the same as annual pricing refund policy. -no manual processing fee -for new members the set-up fee is non refundable everything else is refundable on a pro-rated basis. -additional bank charges may apply (few banks may charge if purchaser uses Achex and purchaser should check with his bank) Reporting a Violation of Terms of Service. If you witness a violation of these Terms, please notify us at Webmaster@Rayan.zzn.com. Complaints may be investigated by RayanTech but RayanTech is under no obligation to act or not act with regards to any complaint. Any action taken will be at the sole discretion of RayanTech. Notice of violations of these Terms should be directed to: Term Violation Complaints Mail: RayanTech, Inc. E-mail: Webmaster@Rayan.zzn.com RayanTech, Inc. ("RayanTech") maintains this Web site as a service to the Internet community, as well as the small business community. RayanTech permits users to browse and peruse RAYANTECH.COM for the purpose of accessing information, products and services to develop and grow a business presence online. By visiting this Web site and/or using or purchasing goods and/or services from or through this Web site, you agree to be subject to the terms and conditions set forth herein and all applicable laws. RayanTech may revise these terms and conditions from time to time, with or without notice, at RayanTech's sole discretion, by updating this posting. This offer is expressly conditioned upon your acceptance of these Terms of Service ("Terms"). Your use of or access to RayanTech.com constitutes your Agreement to these Terms, as in effect from time to time-. This offer and your acceptance thereof represents the entire agreement between you and RayanTech, and supersedes any and all other communications, prior, contemporaneous or subsequent, and any course of performance or course of dealing, except as modified by revisions of this posting by RayanTech or by written agreement by an authorized officer of RayanTech (provided, however, that any such revised posting shall take effect prospectively from the date of the posting.) The Terms and the relationship between you and RayanTech shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts, United States of America, without reference to its principles of conflicts of law. RayanTech reserves the right to send notices to its members of changes to the RayanTech Privacy Statement or these Terms of Service, or of any material changes affecting their membership. Web Hosting RayanTech offers a variety of Web hosting options. If you select our free Basic membership, however, your Business Card web site will carry RayanTech advertising HTML, which includes an advertising banner. RayanTech reserves the right to run additional messages and information from our advertisers or RayanTech on your Web site. These advertisements are automatically inserted to display at the very top of your Basic membership Web site. If you would prefer not to have such advertising and sponsorships on your web site, simply register for an upgraded membership that does not include advertising and sponsorships. Registration When you register with RayanTech, you become a member of the RayanTech community. As a member of the RayanTech community, you will have access to information and the ability to use RayanTech's buying and directory services as you expand your business. If you do not accept any of these terms, do not register for the services. By registering with RayanTech, you agree to receive a copy of the RayanTech weekly newsletter, as well as other special RayanTech offers that may arise from time to time. Should you not wish to receive the newsletter or any related such mailings, you may unsubscribe by providing the required information to RayanTech@Rayan.zzn.com User Data Pursuant to RayanTech's Privacy Statement, RayanTech may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the Terms, or under any of the other circumstances set forth in the RayanTech privacy policy, as may be amended from time to time. RayanTech Service & Content RayanTech makes no guarantee as to the availability of or access to (i) its Web site, (ii) any member website or other website, information or material hosted by RayanTech, or (iii) the products and/or services available on or through any of the above. RayanTech is not responsible for the content of any Web page hosted on RayanTech, and the opinions and views expressed in the Web pages hosted on RayanTech do not necessarily reflect those of RayanTech. The contents of the Web pages hosted on RayanTech are not monitored or reviewed in any way before they appear on RayanTech. RayanTech services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States Federal, State or other laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing, or libelous, promotes gambling, or is in any way a violation of intellectual property laws. No material may be published on Web pages hosted by RayanTech that would commonly be considered "indecent" or "appealing to the prurient interest" also commonly referred to as "adult" material, nor will any links to such Web sites be tolerated within the Web pages hosted by RayanTech. Much of the content and many of the goods and services offered on or through RayanTech are provided by third parties, usually known as "Affiliates," under contract with RayanTech. When you access such content or purchase such goods or services, you are contracting with an Affiliate and not with RayanTech. RayanTech makes reasonable commercial efforts to assure that its Affiliates are reputable but cannot guarantee the content, goods and/or services that they provide. If you experience a problem with the content, goods and/or services accessed from the Affiliates through RayanTech, please notify us at RayanTech@Rayan.zzn.com. Complaints may be investigated by RayanTech but RayanTech is under no obligation to act or not act with regards to any complaint. Any action taken on a complaint will be at the sole discretion of RayanTech. Notice of problems encountered in accessing such content or purchasing such goods or services through RayanTech Affiliates should be directed to: Affiliate Complaints Mail: RayanTech, Inc. E-mail: Webmaster@Rayan.zzn.com Notices of such problems should contain the following information: Identification of the Affiliate with whom there is a problem. Identification and description of the nature of the problem. The address, telephone number, or e-mail address of the complaining party. A statement, under penalty of perjury, that the information in the notification is accurate. Spam Policy Sending unsolicited commercial or bulk e-mail or any other method of distributing electronic messages to recipients who have not requested them, otherwise known as "spam" from our servers, or sending such e-mail with a RayanTech-hosted Web site listed as the contact address, or any use of RayanTech's services or systems associated in any way with such mailings is strictly forbidden. RayanTech will immediately terminate, without any warning, the account of any Member who conducts these activities. RayanTech also reserve the right to remove members who send mass/spam news postings, as well as any accounts advertising or distributing software or services that may contribute to news or e-mail spamming. RayanTech reserves the right to report such violations to the proper government authorities, as well as Internet service providers, and Internet control organizations, including, but not limited to, UUNet and Navisite. To report spam, please forward the spam with all original headers to RayanTech@Rayan.zzn.com. RayanTech prohibits all scripts that automatically update a links listing and are submitted to by automated programs, either by design or by use. Use of these scripts is grounds for termination of your RayanTech account without any prior notice. It is a violation of these Terms for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in RayanTech's sole discretion. Further, RayanTech shall report, and you shall waive all rights to privacy, to the extent permitted by law, all such misuses and fraudulent uses as determined by RayanTech in its sole discretion to appropriate government authorities, credit reporting services, financial institutions and credit card companies. It is a violation of these Terms for you to attempt to breach or to breach the security or firewall systems of RayanTech, its Internet access provider, or its Affiliates. If you become aware of such an attempt to breach or actual breach, please notify us at RayanTech@Rayan.zzn.com. Complaints may be investigated by RayanTech but RayanTech is under no obligation to act or not act with regards to any complaint. Any action taken on a complaint will be at the sole discretion of RayanTech. Notice of attempts to breach or actual breaches of such security or firewall systems should be directed to: Security Breach Complaints Mail: RayanTech, Inc. E-mail: Webmaster@Rayan.zzn.com Notices of such problems should contain the following information: Identification of the security or firewall system that complainant believes was breached or on which a breach was attempted. Identification of the individual or entity who has attempted to or actually committed the breach. Identification and description of the nature of the attempted or actual breach. The address, telephone number, or e-mail address of the complaining party. A statement, under penalty of perjury, that the information in the notification is accurate. RayanTech and Affiliates shall not have any obligation to refund payments made by Members terminated for violating these Terms. RayanTech reserves the right to terminate in its sole discretion any Member's Web site because of the traffic or bandwidth requirement of such Web site exceeds the limitations for Bandwidth usage set forth below or in the event such website's usage creates other operational or technological problems. New Limits on Bandwidth usage on RayanTech memberships. Data transfer is limited to a monthly maximum dictated by your level of membership as follows: In the event that RayanTech determines that you have exceeded such usage during any given month, RayanTech reserves the right to upgrade your membership to the next higher membership level that is sufficient to satisfy your Bandwidth usage during the month in which you exceeded such limit. Thereafter, your monthly membership fee would be revised accordingly to the posted monthly for such membership level. Any amounts payable by You in connection with your Membership shall be payable in U.S. currency. Your failure to pay any required fees or charges may result in termination of your RayanTech membership. Reporting a Violation of Terms of Service. If you witness a violation of these Terms, please notify us at RayanTech@Rayan.zzn.com. Complaints may be investigated by RayanTech but RayanTech is under no obligation to act or not act with regards to any complaint. Any action taken will be at the sole discretion of RayanTech. Notice of violations of these Terms should be directed to: Term Violation Complaints Mail: RayanTech, Inc. E-mail: Webmaster@Rayan.zzn.com Notices of such problems should contain the following information: Identification of the individual or entity which complainant believes has violated these Terms. Identification and description of the nature of the violation. The address, telephone number, or e-mail address of the complaining party. A statement, under penalty of perjury, that the information in the notification is accurate. Intellectual Property Infringement It is RayanTech's policy to protect the intellectual property rights of others and to act expeditiously upon notice of claimed infringement, to investigate and to take appropriate actions. RayanTech will terminate all Members and users who are repeat infringers of intellectual property laws. It is also RayanTech's policy to protect its own intellectual property rights. RayanTech's trademarks include RAYANTECH, RAYANTEC, RAYANTEK and RAYAN. Any infringement of RayanTech's intellectual property rights will result in immediate termination by RayanTech of the infringing Member's contract. However, RayanTech will permit fair use of its trademarks. Any questions about what constitutes fair use versus infringement should be directed to: Intellectual Property Infringement Agent Mail: RayanTech, Inc. E-mail: Webmaster@Rayan.zzn.com Copyright Infringement Upon receipt of notices complying or substantially complying with the Digital Millennium Copyright Act, RayanTech will act expeditiously to remove or disable access to any material claimed to be a copyright infringement. Notices of copyright infringement should be directed to: Registered Copyright Agent Mail: RayanTech, Inc. E-mail: Webmaster@Rayan.zzn.com Notices of copyright infringement should contain the following information: A physical or electronic signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed. Identification of the material that is claimed to be infringing or to be the subject of infringing activity. The address, telephone number, or e-mail address of the complaining party. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. When RayanTech removes or disables access to any material claimed to be a copyright infringement, RayanTech may attempt to contact the user or member who has posted such material in order to give that user or member an opportunity to respond to the notification, although RayanTech makes no promise to do so. Any and all counter notifications submitted by the user or member will be furnished to the complaining party. RayanTech will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before RayanTech replaces or restores access to any material as a result of any counter notification. LIABILITY LIMITATION YOU AGREE THAT ALL ACCESS AND USE OF RAYANTECH.COM AND THE CONTENT THEREOF IS AT YOUR OWN RISK. IN NO EVENT SHALL RAYANTECH BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO ACCESS OR USE (i) RAYANTECH.COM AND/OR ITS CONTENT, (ii) ANY TOOLS OR SERVICES ON RAYANTECH.COM, (iii) ANY MEMBER WEBSITE OR ANY CONTENT ON SUCH WEBSITES, OR OUT OF ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE, SITE-RELATED SERVICES, PRODUCTS, AND/OR CONTENT CONTAINED WITHIN THE WEB SITE, OR WITH THE EXTENT TO WHICH SUCH WEBSITES ARE "UP" OR ARE AVAILABLE FOR ACCESS BY YOU OR OTHER USERS OF THE INTERNET, IS TO STOP USING RAYANTECH.COM. WARRANTY LIMITATION RAYANTECH.COM AND ITS CONTENT ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL MEMBERS ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE AVAILABLE THROUGH RAYANTECH IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY RAYANTECH. Severability If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable. Waiver Of Jury Trial Both you and RayanTech hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of these Terms. The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims. You and RayanTech each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into these Terms and that each will continue to rely on the waiver in their related future dealings. Each party further warrants and represents that each has had the opportunity to have legal counsel review the waiver. The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to these Terms. In the event of litigation, these Terms may be filed as written consent to a trial by court. Miscellaneous These Terms shall bind and benefit the successors and heirs of the parties. By visiting this Web site and/or using or purchasing goods and/or services from or through this Web site, you consent to the federal and state court of the Commonwealth of Massachusetts having jurisdiction over you.