Terms and Conditions for use of Net Connection of Bakersfield

ATTACHMENT A

Access and Services
Net Connection and its various services are offered subject to rules governing the use of these systems and related services. By subscribing and using Net Connection or a Net Connection service, you agree to pay all applicable fees and abide by this agreement and applicable rules, as they now exist and as they may be amended, and you agree to ensure that any person to whom you grant access to Net Connection or a Net Connection service will abide by all terms and rules. Obviously, if the rules change in some way that you find unacceptable, you are free to terminate your subscription at any time.

Access
We will give you full access to the Internet from our systems. You will have access to all the resources available on the Internet, including NEWS, EMAIL, WWW, and much more.

Many users at Net Connection have what is commonly referred to as "unlimited access" accounts. These accounts are better described as "unlimited interactive", or "unmetered". You may stay connected to Net Connection for as long as you like, but only if you are using the system or its connection o the Internet interactively. Net Connection reserves the right to terminate a connection, with or without activity, at any time.

***Specifically prohibited uses of the system include running a web server on a system that is dialing in to Net Connection, or automatically checking for e-mail or pinging the system to prevent the timeout of your connection when you are not otherwise using Net Connection.

Net Connection reserves the right to terminate any connection that is suspected to be non-interactive. Net Connection reserves the right to use automation to detect non-interactive use. Net Connection uses an inactivity timer to detect lines that are inactive. "Inactivity" is currently defined as 25 consecutive minutes of lack of network traffic. Net Connection reserves the right to change the definition of "inactivity".

Services
We reserve the right to change or discontinue certain access or services on our system from time to time. We will try to let you know about such changes a month or more in advance.

Privacy
We offer private electronic mail on our system as a service to our subscribers. We will endeavor to keep all of your e-mail private, viewable only by you and the person to whom you address it, except: We, as system operators, may need to look at your electronic mail if we believe it is necessary to protect ourselves or other users from injury or damage. For example, if we have reason to believe a caller is involved in unlawful activities, which creates any risk that the authorities could seize our system, we will review his or her electronic mail for our own protection. We will not, however, monitor electronic mail unless we believe it is being misused.

We will not deliberately disclose electronic mail to other users. If we believe certain electronic mail is connected with unlawful activities, we may disclose it to the authorities to protect our system, ourselves and other users.

Remember that the person to whom you send electronic mail does not need to keep it secret. The sender or receiver of the electronic mail has the right to make it public.

If the authorities ever search or seize our system, they may gain access to your private electronic mail. In that case, we cannot assure they will not review it. Remember that you have personal rights of privacy that even the government cannot legally violate, although you may have to go to court to enforce those rights.

Except as expressly provided herein or as required by law, Net Connection will not disclose the contents of private electronic mail to anyone other than addressees, authorized recipients, or those to whom such disclosure is necessary to assure forwarding or delivery.

Net Connection may use for its own purposes non-public information regarding system use by its subscribers (other than private electronic mail) and any information regarding the contents of public postings. Net Connection will not reveal to any third party, including other members, any detailed, non-public information that identifiably discloses any member's specific use of the system, unless the member has received advance notification that the type of information involved will be disclosed or unless such disclosure is required to operate the system or by authorized demands of law enforcement authorities or by court order compelling disclosure of information within Net Connection's control.

Editorial Control
We want our system to be a worthwhile place for all our users. This does not mean everyone can do whatever they choose on this system, regardless of its effects on others. It is our job to accommodate the common needs of all users while striving to meet our own goals for the system.

We will not monitor all messages and file transfers. We want to keep the message and file traffic moving quickly and smoothly - this goal would be defeated if we monitored everything on the system. However, if we see (or hear about) messages or other activities that violate the rules or threaten the order or security of the system, we will take appropriate action.

If a caller persists in posting messages or transferring files that we previously warned him should not be on our system, those messages will be deleted, and he or she may be locked out. If we discover any users violating the rules, especially the prohibition against unlawful activities, we will act firmly and swiftly. The caller involved will be warned, or simply locked out. If the caller has done anything to put us or other users in jeopardy, we may contact the authorities.

We do not plan on doing any of these things. If all users act with respect and regard for us and other users, there will never be any problems. But if problems arise, we will assert control over our system against any caller who threatens it. And in this Agreement, you acknowledge that control.

Limitation of Liability and Indemnity
The great danger for us, and for all operators of computer systems, is that we might be held accountable for the wrongful actions of our users. If one user libels another user, the injured user might blame us, even though the first user was really at fault. If a user uploads a program with a computer virus, and other users computers are damaged, we might be blamed even though the virus was left on the Internet by a user. If a user transfers unlawful credit card information to another user through private electronic mail, we might be blamed even though we did nothing more than unknowingly carry the message from one user to another.

We did not start this service to take the blame for others actions, and we cannot afford to operate it if we must take that blame. Accordingly, we need all users to accept responsibility for their own acts, and to accept that an act by another user that damages them must not be blamed on us, but on the other user. These needs are accomplished by the following paragraph:

As a subscriber you should understand that neither Net Connection nor its divisions, affiliates, parent or subsidiaries (hereinafter "Net Connection"), nor any of the parties who supply information to the system make any warranty concerning the accuracy of any information found on or exchanged through the system.

WITH THE EXCEPTION OF THE EXPRESS REPRESENTATIONS SET FORTH IN THESE TERMS AND CONDITIONS, Net Connection AND ALL PARTIES SUPPLYING INFORMATION THROUGH THE SYSTEM HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THE SOLE AND ENTIRE MAXIMUM LIABILITY OF Net Connection AND ALL PARTIES SUPPLYING INFORMATION THROUGH THE SYSTEM TO ANY SUBSCRIBER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND SHALL CONSIST OF A DUTY TO REFUND AMOUNTS PAID BY THE SUBSCRIBER TO SUCH PARTY DURING THE YEAR PRECEDING SUCH LOSS, CLAIM, DAMAGE OR LIABILITY. OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH SUBSCRIBER BY CONTINUING TO USE THE SYSTEM WAIVES ANY AND ALL CLAIMS RELATING TO THE USAGE OF MATERIAL OR INFORMATION MADE AVAILABLE THROUGH THE SYSTEM WHETHER SUCH CLAIMS ARE AGAINST Net Connection OR ANY OTHER PERSON WHO HAS SUPPLIED MATERIAL TO THE SYSTEM. IN NO EVENT SHALL Net Connection OR ANY PARTIES SUPPLYING INFORMATION THROUGH THE SYSTEM BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.

You further agree that we will not be responsible to you for any indirect, special or punitive damages or losses you may incur in connection with our system or any of the data or other materials transmitted through or residing on our system, even if we have been advised of the possibility of such damage or loss. In addition, you agree to defend and indemnify us and do hereby hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorney fees) relating to any acts by you or materials or information transmitted by you in connection with our system leading wholly or partially to claims against us or our system by other users or third parties.

Our Relationship to the Internet
All users need to understand how our system relates to the Internet. The Internet is comprised of many computers and computer networks that are interconnected in various ways. We merely act as a window into a world. What you see through our window is not under our control. Electronic mail travels from computer to computer in a path that eventually leads to the destination address. We have no control over that message once it has been forwarded to another system for delivery. The user hereby acknowledges that we are not responsible for the actions of any other individual who gains access to the users mail in transit to its destination. The newsgroups on the Internet are also stored and forwarded from computer to computer. They exist as a sort of shared resource across the Internet. Accordingly, we have no control over the content of messages posted by users of other computer networks on the Internet. Some users may find the content of some newsgroups to be objectionable. The user acknowledges that we are not responsible for the content of messages that they find on the Internet.

Termination
Although any paid subscription fee is non-refundable (barring any current promotions), each subscriber is free to terminate his or her subscription at any time for any reason. Net Connection may terminate a subscription without notice if it reasonably concludes that any subscriber has breached these terms or applicable rules. Net Connection shall be free to terminate its provision of this service, or any portion of this service, at any time on one month's notice or sooner if such cessation is beyond its reasonable control.

Integration And Waiver
These terms and conditions, including the attached rules (Attachment B) and applicable pricing schedules, incorporated herein by reference, represent the complete statement of the agreement between the parties, which supersedes and merges all prior proposals, understandings and all other agreements, oral and written, between the parties relating to the subject matter hereof. If either you or we fail to notify the other of any violation of this agreement, this will not mean that you or we cannot notify the other of future violations of any part of this agreement.

ATTACHMENT B



All subscribers of Net Connection or any Net Connection service must abide by the following rules.

System Rules
Besides payment, the only thing we ask from you is that you follow the rules we set for use of the system below:

Do not use our system for anything that might be unlawful. This system may not be used to encourage anything to do with unlawful drugs, gambling, pornography, prostitution, child pornography, robbery, spreading computer viruses, cracking into private computer systems, software infringement, trafficking in credit card codes, or other crimes.

People seem to sometimes have trouble figuring out whether certain activities are unlawful. It is usually not that hard. If it is unlawful out there, it is unlawful in here! Using a computer system to commit a crime does not make it less of a crime. In fact, if you use a computer system to commit a crime, you are exposing the operators of that system, and its other users, to legal risks that should be yours alone. If you genuinely do not know whether something you would like to do is legal or unlawful, please discuss it with us before you proceed. And if we tell you we do not want you to pursue your plans on our system, please respect our decision.

Respect the security of our system. Do not try to gain access to system areas private to ourselves, or to other users. Some users try to crack system security just to show it can be done. Do not try to prove this on our system - we will prosecute

Do not run unattended processes or servers. These tend to put a load on the system unwelcome to other users, and often have a tendency to cause server reliability to decrease. This includes MUDs, MUSHs, web servers, IRC bots, etc.

Do not connect to more than one dialup port at a single time. If you are found connected more than once, all connections will be terminated.

Any user whose activities disrupt or damage system function will be held financially liable for system administration costs incurred in repairing the affected systems.

***Do not send mass, unsolicited e-mailings to users of our system and/or other systems. This causes a mass influx of complaints to our system administrators and causes them to lose much productivity. This is also known as Spamming. It will not be tolerated and your account may be locked without notice if you violate this rule. This also applies to USENET news.

The contents of your home directory and email inbox should not exceed 10MB.

 

 

ATTACHMENT C



Price and Payment

When will I be billed?
Net Connection runs billing on the 1st of each calendar month.

How will I receive my bill?
All statements are sent via e-mail or US Postal mail if you are a Net Connection business client. Monthly statements are sent at the beginning of each month and should be received within the first week of the month.

What time period does my bill cover?
Net Connection bills are based on a calendar month and paid in advance of service. Typically, billing occurs within the first week of the month.

When is my payment due?
Payment is due upon receipt.

Past due accounts
Accounts are considered past due after the 15th of the month. Delinquent accounts are notified by email and sometimes by telephone. Payment must be arranged immediately. After 30 days, delinquent accounts may be locked. If an account has been locked, you will not be able to access it until the balance has been paid. After 60 days, unpaid accounts will be charged a $10 cancellation fee and turned over to a collection agency. At this point, the account will be deleted.

What happens if I'm paying by check and forget to pay before the billing date?
Net Connection reserves the right to lock or cancel (at our discretion) any account that is past due in payment. If your account has been locked for non-payment, you will not be able to access it until the balance has been brought up to date.

For your convenience, we offer many means of electronic payment (VISA and MasterCard) that should eliminate the need for billed accounts altogether.

Net Connection may assign finance charges of 1.5% per month or the state allowed maximum on all delinquent charges. Returned checks are subject to a twenty dollar ($20) service fee, due immediately.

 
 
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