Cpunet Internet Terms of service Agreement

Cpunet Internet (“ISP”)

END USER INTERNET ACCESS AGREEMENT

By calling to access the Internet, Subscriber, and/or any person using Subscriber’s login identification name or login identification names ordered by Subscriber, is deemed to have accepted the items and conditions contained in this Internet Access Agreement (the “Agreement”) and shall be bound thereby.

1) DEFINITIONS:

a) “Subscriber,” as used herein, means an individual, a corporation, or a legal entity who incurs usage charges for the Service for its own use or who incurs such charges on behalf of a third party, i.e., a User.

b) “User,” as used herein, means a Subscriber who uses Service or an individual, a corporation, or a legal entity whose Service usage charges are incurred by a third party, i.e., Subscriber.

2) SERVICE: ISP, affiliated companies, including VISP Technologies, and/or assigns, herein “ISP”, will provide Subscriber and its Users analog or digital access to the Internet, depending upon the rate plan selected (the “Service”), subject to conditions generally beyond the control of ISP, including the type and condition of the equipment (personal computer, modem, etc.) of Subscriber and/or its Users. Service may be temporarily unavailable or limited because of capacity limitations and may be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocations, repairs, and similar activities necessary for the proper operation of Service.

3) ACCEPTABLE USAGE OF DIAL-UP ACCOUNTS: Subscriber and its Users agree to use dial-up accounts solely on an active, attended “dial-up” basis, meaning only as needed and in no way on an unattended, standby or inactive basis in order to maintain a connection. Without limitation of the foregoing, Subscriber and its Users shall abide by the following provisions regarding usage:

a) A dial-up account may be used for World Wide Web browsing, reading or posting to Usenet (see Section 13 below) newsgroups, sending, receiving and reading electronic mail and transferring files via the file transfer protocol.

b) A dial-up account shall not be used to host a dedicated server site on the Internet.

c) A dial-up account has only one mailbox for incoming electronic mail unless additional mailboxes have been purchased (unless ISP has provided additional mailboxes, at ISP’s sole discretion).

d) Automated processes may not be used such as checking e-mail or pinging the host to maintain a constant connection.

e) User ID Names will be issued to Subscriber by ISP based upon availability. If the User ID name is surrendered by Subscriber for any reason, ISP shall not be obliged to reserve that name.

f) ISP shall not be obligated to retain electronic mail for longer than one month.

g) A dial-up account has 25 megabytes of server space for Personal Subscriber web pages unless additional web space has been purchased or otherwise expressly allocated. And no such space shall be available for accounts that are promotional until they become billable accounts (unless such space is made available during the promotional period, at ISP’s sole discretion).

h) User accounts that exceed reasonable dial-up access usage may be flagged by ISP for the following (The industry average for a dial-up account is about 35 hours a month or about an hour a day): 1) Upgrade to higher-use or dedicated-use accounts, subject to payment of a higher subscriber rate, or 2) Transfer to non-usage-sensitive networks, or 3) Charged for multiple logins, or 4) Deletion, in which case a refund of unused months will be promptly provided; as determined by ISP.

4) INACTIVITY DISCONNECT POLICY: ISP reserves the right to disconnect a dial-up account after 15 minutes of inactivity, as detected by ISP through electronic means. This time is approximate and subject to change without notice in ISP’s sole discretion. Electronic or mechanical means to avoid an inactivity disconnect are strictly prohibited. Electronic or mechanical means include, but are not limited to, “pinging” the mail server, employing electronic or software autodialer features to maintain an active connection or repeatedly checking for e-mail by autolog-in to the mail server. ISP reserves the right to electronically audit connections to enforce the above requirements.

5) ACCESS: Service access will be provided via a local telephone number where available. ISP is not responsible for any toll or other charges in the event service access is not provided via a local telephone number, for instance, if service access is provided via a toll call. If a local telephone number is not available, the Service may be remotely accessed via an 800 series number at an additional charge.

6) PRICE: Subscriber shall pay to ISP the charges associated with the rate plan selected, including applicable taxes, 800 series number, etc. If service access is not provided via a local telephone number, Subscriber may also be responsible for toll or other charges.

7) PAYMENT: Subscriber shall be billed on a monthly, quarterly, semiannual or annual basis. Payment will be deemed made when received by ISP.

8) TERM AND TERMINATION: This Agreement becomes effective upon registration of Subscriber’s login identification name and shall remain in effect for the period indicated in the rate plan selected or until terminated as provided herein. This Agreement shall continue in effect for consecutive additional terms following the Initial Term until either Party gives the other party on-line notice or other notice of termination at least thirty (30) calendar days prior to the expiration of the then-current term. In the event Subscriber terminates the Service hereunder, then without limitation to any other remedy ISP may have, Subscriber will pay to ISP upon discontinuance of the Service a termination charge equal to the applicable monthly rate times the number of months remaining in the term.

9) CREDIT: There shall be no credits, reductions, or setoff against the charges for Service for downtime or interruption of Service unless such Service interruption exceeds 24 hours in duration. ISP shall provide Subscriber with a credit equal to 1/30 of the recurring monthly charge for Service for each twenty-four hour period from the time of notice of interruption until Service restoration, provided Subscriber notifies ISP of the Service interruptions. No adjustments shall be made by accumulating periods on non-continuous interruption. A credit allowance will not be given for mistakes, omissions, interruptions, delays, errors or defects caused by failure of equipment or of Service as described in Section 2.

10) LIMITATION OF LIABILITY: ISP SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICES NOT PROVIDED BY ISP, FAILURE OF COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTION NOT WITHIN THE COMPLETE CONTROL OF ISP, NOR SHALL ISP BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY SUBSCRIBER’S OR ITS USER’S EQUIPMENT. SUBSCRIBER AND USER HEREBY RELEASE ISP FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA THE SERVICE. ISP PERFORMANCE UNDER THIS AGREEMENT SHALL BE EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL COMMOTIONS, ACTS OF GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. ISP SHALL NOT BE LIABLE IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF SUBSCRIBER'’ OR ITS USERS'’EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL ISP BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC. THE LIABILITY OF ISP FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF OR DISRUPTION OF SERVICE, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT EQUIVALENT TO CHARGES PAYABLE BY SUBSCRIBER UNDER THIS AGREEMENT FOR THE SERVICE DURING THE PERIOD SUCH DAMAGES OCCUR. ISP MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE SERVICE, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW.

11) INDEMNITY: Subscriber and User shall indemnify and hold harmless ISP from and against any loss, cost, claim, liability, damage, or expense (including reasonable attorney’s fees) to third parties, relating to or arising from the use of service by Subscriber, User, or any of their personnel, whether or not Subscriber or User has knowledge of or has authorized such access or use, including, without limitation, claims for libel, slander, invasion of privacy, infringement of copyright, patent infringement (where Subscriber or User has used, connected, or combined the Service with the products or services of others), negligence, or tortuous behavior. Subscriber agrees to indemnify ISP along with any parties from whom ISP obtains network service, and to hold them harmless from any claims resulting from the use of the Service by Subscriber or its Users that damage another party or that violate the law.

12) SUBSCRIBER RESPONSIBILITY: Subscriber shall ensure that its Users shall comply with the terms and conditions of this Agreement. Any access to other networks connected to ISP’s network must comply with the rules of the other networks. Subscriber shall not use or permit its end users to use the Services in ways that violate laws, infringe the rights of others, interfere with users of our network or other networks, or otherwise violate our Acceptable Use Policy set forth on our Internet Services web site. For example, you shall not distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; distribute child pornography, obscenity or defamatory material over the Internet; or infringe copyrights, trademarks or other intellectual property rights. Subscriber further agrees to comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Services.

13) USE OF SERVICE: Subscriber and its Users agree to abide by and comply with the following terms and conditions:

a) Misuse of Service: Subscriber and its Users shall not use the Service to make foul or profane expressions, to impersonate another person with fraudulent or malicious intent, to contract another person so as to annoy, abuse, threaten, or harass such other person, or for any purpose in violation of law, or in such a manner as to interfere unreasonably with the use of the Service by any of ISP’s customers. Subscriber and its Users shall not distribute chain letters of “junk” mail (any unsolicited mail of a business or commercial nature) or engage in “Ponzi” or “pyramid” schemes. The Service and underlying network may only be used for lawful purposes. Transmission of any material in violation of any U.S. or state regulation is prohibited. This includes, but is not limited to: copyrighted material, material which is threatening or obscene, or material protected by trade secret. In addition, ISP generally reserves the right in its sole discretion to either temporarily discontinue, or permanently terminate furnishing the Service upon notice to Customer in the event Customer uploads any information that is libelous, defamatory or that violates or infringes any right of privacy of any Persons; uploads any messages, data images or programs that are indecent, obscene or pornographic; use the facilities and capabilities of ISP to conduct or solicit the performance of any illegal activity or to conduct any other activity that infringes the rights of ISP or any third party; or upload any information, messages, data, images or programs that is discriminatory or otherwise offensive as determined by ISP in its sole discretion.

b) INTERFERENCE WITH THE RIGHTS OF THIRD PARTIES: In the event that ISP receives notice from a third party, or in the event that ISP reasonably believes, that Subscriber’s or any User’s use of the Service, either alone or in connection with products or services of others, constitutes, causes, results in, induces or contributes to either (I) defamation, invasion of privacy, or unfair competition, or (ii) misuse, misappropriation of infringement of any patent, copyright, trademark, trade secret or other proprietary or intellectual property right of such third party, then ISP shall have the right, in its sole and exclusive option and discretion, without prior notification to Subscriber or to User(s), and without limiting any other rights or remedies ISP might have or incurring any obligation or liability to Subscriber or to User(s), to temporarily discontinue or permanently terminate, in whole or on part, furnishing of Services to Subscriber or to User(s).

c) Usenet Policy and Posting Restrictions: Usenet comprises a system of bulletin boards called newsgroups. Usenet access is provided to dial-up customers of ISP. Subscriber and its Users shall not post to newsgroups until they have familiarized themselves with the subjects and established guidelines and restrictions of the newsgroup. All such Usenet guidelines and restrictions are hereby incorporated herein by reference and Subscriber and its Users unconditionally agree to adhere to them. These guidelines and restrictions include, but are not limited to, the following:

- Only post articles that are relevant to the newsgroup. Inappropriate or irrelevant postings are not appreciated by participants of newsgroups nor are they allowed under Usenet protocols.

- Most newsgroups do not allow commercial postings. Users should verify this restriction before making any such posting.

- Blanket postings to all or large numbers of newsgroups simultaneously with disregard to the newsgroups’ subject are forbidden.

- Chain letters are not allowed to be posted.

- Unauthorized creation of newsgroups is prohibited.

d) Harm to Equipment, Software and Processes: Subscribers agree unconditionally to not cause harm to ISP or third party equipment, software, or processes used in connection with furnishing the Service. In addition to constituting a default under this Agreement, any breach of this provision may result in civil and/or criminal penalties pursuant to applicable local, state and federal law.

e) Content, Accuracy of Information: ISP and its affiliates, along with any parties from whom ISP obtains network services, exercises no control whatsoever over the content of the information passing through ISP’s network. ISP makes no warranties of any kind, whether express or implied, for the content of the information passing through its network. Use of any information obtained via the ISP network is at Subscriber’s and its User’s own risk or the risk of their affiliates. ISP specifically denies any responsibility for the accuracy or quality of information obtained through its Service.

f) Offensive and/or Harmful Information: The Internet hosts some material deemed unfit for viewing and reading by minors under the age of 18. Some sites contain information both in text and graphical formats that Subscriber and/or Users may consider obscene and/or harmful. Subscriber and/or Users agree to not hold ISP responsible for sites and postings that could be considered obscene, lewd, offensive, and/or harmful. Subscribers are responsible for their own monitoring and viewing habits and their Users, including minors. ISP does not block, filter or screen postings or sites on the Internet in whole or in part.

14) DEFAULT: Upon a default by Subscriber, ISP may, in its sole discretion, without prior notification and without limiting its remedies or incurring any liability to Subscriber, either temporarily discontinue or permanently terminate the furnishing of Service to Subscriber in whole or in part. “Default” means any failure by Subscriber to comply with any term of this Agreement, including without limitation, failure to make timely payment of any amount due ISP or failure to comply with the restrictions on use of Service set forth in Section 13. Where Subscriber’s equipment is used with Service provided by ISP in violation of any of the provisions herein, ISP will notify Subscriber and take such action as is necessary for the protection of the Service for use by its other customers. Subscriber shall discontinue such use of the equipment or correct the violation immediately and shall confirm in writing to ISP within five days that such use has ceased or that the violation has been corrected, and if Subscriber fails to do so, ISP will disconnect Subscriber’s Service, without any credit allowance, until such time as Subscriber complies with the provisions hereof. ISP reserves the right to charge a reconnect fee for any discontinued Service that is subsequently reconnected.

15) NO WARRANTIES. ISP makes no warranties, express or implied with respect to this agreement or the services provide with respect to this agreement, including, but not limited to dialup, dsl, internet access, email, news services, web hosting services, personal web space, spam filtering, virus filtering or any other services provided pursuant to this agreement. There are no implied warranties for the merchantability and fitness for any particular purpose. No representation or statement made by ISP or any of its agents or employees, oral or written, including, but not limited to, any specifications, descriptions or statements provided or made to Customer by ISP shall be binding upon ISP as a warranty or otherwise..

16) EQUIPMENT: Subscriber shall be responsible to provide for the proper installation, operation, and maintenance of Subscriber’s equipment used in connection with the Service, and Subscriber shall ensure that such equipment is technically and operationally compatible with the Service and in compliance with applicable Federal Communications Commission rules and regulations.

17) RESOLUTION OF DISPUTES:

a) The parties desire to resolve disputes arising out of this Agreement without litigation. Accordingly, except for action seeking a temporary restraining order or injunction related to the purposes of this Agreement, or suit to compel compliance with this dispute resolution process, the parties agree to use the following alternative dispute resolution procedure as their sole remedy with respect to any controversy or claim arising out of or relating to this Agreement or its breach.

b) At the written request of a party, each party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The parties intend that these negotiations be conducted by non-lawyer, business representatives. The location, format, frequency, duration, and conclusion of these discussions shall be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and correspondence among the representatives for purposes of these negotiations shall be treated as confidential information developed for purposes of settlement, exempt from discovery and production, which shall not be admissible in the arbitration described below or in any lawsuit without the concurrence of all parties. Documents identified in or provided with such communications that are not prepared for purposes of the negotiations are not so exempted and may, if otherwise admissible, be admitted in evidence in the arbitration or lawsuit.

c) If the negotiations do not resolve the dispute within 60 days of the initial written request, the dispute shall be submitted to binding arbitration by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. A party may demand such arbitration in accordance with the procedures set out in those rules. Discovery shall be controlled by the arbitrator and shall be permitted to the extent set out in this section. Each party may submit in writing to a party, and that party shall so respond, to a maximum of any combination of 35 (none of which may have subparts) of the following: interrogatories, demands to produce documents and requests for admission. Each party is also entitled to take the oral deposition of one individual of another party. Additional discovery may be permitted upon mutual agreement of the parties. The arbitration hearing shall be commenced within 60 days of the demand for arbitration. The arbitration shall be held in Josephine County, Oregon. The arbitrator shall control the scheduling so as to process the matter expeditiously. The parties may submit written briefs. The arbitrator shall rule on the dispute by issuing a written opinion within 30 days after the close of hearings. The times specified in this section may be extended upon mutual agreement of the parties or by the arbitrator upon a showing of good cause. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

d) Each party shall bear its own costs of these procedures. A party seeking discovery shall reimburse the responding party the costs of production of documents ( to include search time and reproduction costs). The parties shall equally split fees of the arbitration and the arbitrator.

18) MISCELLANEOUS: This Agreement shall be governed by, construed under, and enforced in accordance with, the laws of the state of Oregon. In the event of a conflict between this Agreement and any applicable tariff, the tariff shall prevail. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. This Agreement embodies the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, and all contemporaneous oral agreements and understandings relating to the subject matter hereof. ISP May amend the terms and conditions of this Agreement by giving Subscriber 30 days’ prior on-line notice. This Agreement is subject to modification by any authorized regulatory agency. ISP may assign this Agreement without limitation, but Subscriber may not assign this Agreement without ISP’s prior written consent. This Agreement shall be binding on the parties hereto and their respective personal and legal representatives, successors, and permitted assigns.

ADDITIONAL TERMS

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
By clicking the submit button, you agree that you will not dispute any charges Cpunet Internet. deems correct, to your credit card. You also agree that by signing up with Cpunet Internet. for Internet service, this does not make them liable for your connection to the Internet, the speed of the connection, or whether you are able to connected or not. You hereby agree that the service is valid and that any problems with your connection are the sole responsibility of the end-user (you) and not the responsibility of Cpunet Internet.. Furthermore, you agree that if you contest these charges, you will be liable for any amounts due, any cost to Cpunet Internet. incurred as a result of the contested charges, and any fees that may be incurred in the collection of the debt as a result of the contested charge. You also agree that Cpunet Internet. will charge a minimum internal fee of no less than $50.00 for each contested charge.

Cpunet Internet. agrees to provide you with those services set forth on the Application subject to User's compliance with the terms and conditions below.

Warranty Disclaimer

THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
Cpunet Internet. exercises no control whatsoever over the content of the information passing through Cpunet Internets system. Use of any information obtained via Cpunet Internet. is at User's risk. Neither Cpunet Internet. nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does Cpunet Internet. make any warranty as to the results from use of the Service.
THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY Cpunet Internet. , ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER Cpunet Internet. NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Cpunet Internet., ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT Cpunet Internet. IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, Cpunet Internet. LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of Cpunet Internet. in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.
Indemnification
Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold Cpunet Internet., its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by Cpunet Internet., its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify Cpunet Internet. in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and Cpunet Internet. shall confer as to and agree on the legal counsel(s) to be selected in any such defense.
Age Limit
User represents to Cpunet Internet. that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.
Sexually Explicit Materials
User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. Cpunet Internet. has no control over and accepts no responsibility whatsoever for such materials.
Prohibited Uses
User may not:
send unsolicited email, (known as 'spam') to anyone residing on our servers or through our servers, or when dialed into the network. The following types of email sent constitute as spam:
Forged email To/From address other than from the actual sender or to the actual recipient.
Message subject not related to the email body.
Email not requested by the recipient.
emails sent in bulk by sender.
mail bombs.
restrict or inhibit any other user from using and enjoying the Internet;
post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
post on web space provided any sexually explicit materials or materials that may be offensive.
post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;
upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;
send unsolicited advertising or promotional materials to other network users (See section titled MESSAGING);
allow users to run Mail list, Listserv or any form of auto-responds from User's account;
run or activate processes while User is not logged in;
violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;
attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of pingbots and other methods of avoiding timing disconnection (See section titled LIMITATIONS OF DIAL-UP SERVICES); or
violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.
Cpunet Internet. has no obligation to monitor the Service. However, User agrees that Cpunet Internet. has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Cpunet Internet. will not intentionally monitor or disclose any private E-mail message unless required by law. Cpunet Internet reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. Cpunet Internet. reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of Cpunet Internet. following payment of a reconnection charge, to be determined by Cpunet Internet. in its sole and absolute discretion.

Messaging
User agrees to limit their use of the Cpunet Internet. service, specifically regarding the use of Cpunet Internets electronic (email) services, to the following restrictions:

Unauthorized Use of Relay Servers
User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.

Fraudulent Addressing
User agrees that the purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered, is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the Cpunet Internet. service.

Fraudulent Content
User agrees to be held responsible for the distribution of fraudulent materials.

VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF Cpunet Internet. SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Limitation of Web Hosting Services

Although Cpunet Internet. advertises Unlimited Bandwidth in regards to some of its services there are several limitations applied. The sole purpose of these limitations are intended of unnecessary use of Cpunet Internet. services by any such User, which restricts system availability for other such Users. These limitations apply only to Hosting offered by Cpunet Internet..

Restricted Content
You agree not to post any of the following restricted contents: Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials.

Bandwidth Restrictions
Although we advertise unlimited bandwidth, we reserve the right to inform you that you must transfer your website if an excessive amount of bandwidth is being used. If the request is not met within 5 days, we do reserve the right to remove the website from our system.

Limitation of Dial-Up Services
Although Cpunet Internet. advertises Unlimited Access in regards to some of it's Dial-Up services, there are several limitations applied. The sole purpose of these limitations are intended to limit the amount of unnecessary use of Cpunet Internet. services by any such User, which restricts overall Cpunet Internet. system availability for other such Users. These limitations apply only to Dial-Up access services offered by Cpunet Internet..

Idle Timeout
User agrees to have their online session automatically terminated after ten (10) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the Cpunet Internet. service.

Maximum Monthly Usage on 150 Hour LIMITED ACCESS ACCOUNTS
User agrees to a maximum usage time of 150 hours per Month on a 150 Hour LIMITED ACCESS dial-up account. Accounts exceeding this limit are subject to billing at the UNLIMITED ACCOUNT rate or termination at the discretion of Cpunet Internet.

Maximum Single Session
User agrees to have an online session automatically terminated after five (5) hours of consecutive time, regardless of data transferred during such specific online session.

Minimum Re-Connect Limit
Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account purchased.

Dial-up Access Restrictions
User agrees to not use the service as a dedicated connection. The determination of what a dedicated connection is shall be at the sole determination of Cpunet Internet.. Service is provided as an unlimited service provided that you may not use the provided connection as a dedicated connection.

ISDN Access Restrictions
User agrees to not use the service as a dedicated connection. The determination of what a dedicated connection is shall be at the sole determination of Cpunet Internet.. Service is provided as an unlimited service provided that you may not use the provided connection as a dedicated connection.

A credit card User agrees to allow Cpunet Internet. to bill his or her card on each successive billing date without obtaining User's permission after the initial charge. A credit card User shall notify Cpunet Internet. of any changes in credit card number or expiration date. If the card is not honored for any reason, Cpunet Internet. will attempt to notify the card holder by using the email information. Cpunet Internet. attempt to contact the card holder, and if alternative billing has not been established, the account will be terminated. Activating a new account, for an account which has been completely* removed from our systems (and the end of each month), will be subject to a setup fee of $8.00 if the customer requests for the accounts reinstatement.

If payment is by check, payment due dates are indicated on User's invoice. Dishonored checks are subject to a collection fee to be determined by Cpunet Internet. in its sole and absolute discretion and User's account may be suspended until the account is current. If payment is not received , service will be terminated and a setup fee of $8.00 will be added to charges for additional Service.

Cpunet Internet. maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 2.5% per month on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event Cpunet Internet. utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of Cpunet Internet. attorneys' fees and costs in the collection of these sums.

Cpunet Internet. reserves the right to change prices at any time without prior notice to it's customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.

Right to Cancel
Cpunet Internet. reserves the right to cancel Service for any reason without prior notice. At Cpunet Internets discretion, pre-paid service is refundable. Account holder will be billed at $14.95 for each month the account has remained active. All months beyond this activity period will be refunded at Cpunet Internet. discretion. Account which lack a activity record, or if the user fails to authenticate a single session will be refunded at the customer’s request. Cpunet Internet. will not refund any shipping or handling fees. Cancellations immediately after ordering service, will still be charged for that month.

User must notify Cpunet Internet. via telephone or in writing to cancel Service. Cancellations shall not be honored by electronic mail, unless done through the “Members Control Panel Form”.

No Confidentiality
Information transmitted through Cpunet Internet. and through the Internet in general is not confidential. Cpunet Internet. can not and shall not guarantee privacy or protection of any User. Cpunet Internet. reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of Cpunet Internet..

Non-transferable
The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

Purchases on the Service
If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.

No System Backup
Cpunet Internet. does not and will not perform system backups on any User's E-mail account(s). Cpunet Internet. shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, Cpunet Internet will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Cpunet Internet. shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, Cpunet Internet will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Failure to Comply With Terms and Conditions
Cpunet Internet. may deny User access to all or part of the Service without notice if User engages in any conduct or activities that Cpunet Internet. in its sole discretion believes violates any of the terms and conditions in this Agreement. If Cpunet Internet. denies User access to the Service because of such a violation, User shall not have the right (1) to access through Cpunet Internet. any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through Cpunet Internet., and Cpunet Internet. shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

Miscellaneous
User agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes). User also agrees to not remain connected to Cpunet Internet. system for periods exceeding (10) ten hours, in any single continuous session. User authorizes Cpunet Internet. to enforce these restrictions by appropriate software and network measures, automated and manual.

User agrees to notify Cpunet Internet. if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to Cpunet Internet..

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

Cpunet Internet. failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

Cpunet Internet. may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

Cpunet Internet. shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of Cpunet Internet..

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming Cpunet Internet. as the defendant, shall be proper only in a venue determined by Cpunet Internet..

In any action between Cpunet Internet. and User to enforce any of the terms of this Agreement ,Cpunet Internet. shall be entitled to recover expenses, including reasonable attorney's fees.

This Agreement constitutes the entire agreement between User and Cpunet Internet. with respect to the Service.

Dialup Network Abuse Prevention

Cpunet Internet pro-actively monitors dialup usage to enforce fair usage policies. The largest threat to fair dialup usage is subscribers which install autodialers into their computers either knowingly or as a result of spyware or viruses, which attempt to maintain a connection 24x7. In order to prevent this, the following policy is in place for all dialup accounts. These rules are specifically crafted to have as little customer impact as possible and specifically target autodialers which automatically connect a computer to the internet when the subscriber is not at their computer. In order to trigger any of these abuse levels legitimately without the use of an auto-dialer, a subscriber would need to maintain multiple constant 16 hour sessions on the internet without any breaks which would be a highly unlikely event.

Abuse Level 1
If a subscriber remains connected for the maximum session time (usually 8 hours), and then re-connects again and remains connected for another full maximum session time, the system will automatically put a 15 minute timeout in effect for the subscriber. Once they disconnect the 2nd time, a 15 minute counter is initiated preventing them from automatically dialing up again.

Abuse Level 2
In the event a subscriber triggers the abuse level 1 monitor twice during any month, their maximum session time is reduces to a maximum of 4 hours. A 15 minute timeout is put into effect if the user reaches the session timeout two times in a row just as in level 1.

Abuse Level 3
In the event a subscriber triggers the abuse level 2 monitor 4 times during any month, their maximum session time is reduced to a maximum of 2 hours. A 15 minute timeout is put into effect if the user reaches the session timeout two times in a row.

In the event a user is flagged for any of these abuse levels it will be marked in their authentication logs with "Abusive Behavior" in the authentication failure line.