TERMS AND CONDITIONS This agreement constitutes and represents and agreement and understanding between earth2net, Inc., (hereinafter called earth2net) and the account holder (hereinafter known as the EU or End User). Upon notice published online at www.earth2net.com, earth2net may modify these terms and conditions, amplify them, and/or modify pricing, as well as discontinue or change the services offered. If you do not agree to these terms and conditions, please notify our Customer Service Department at earth2net in writing via the customerservice@earth2net.com email link supplied at www.earth2net.com within 10 business days from original sign-up date so we may initiate the termination of your account. If you have any questions about the earth2net Acceptable Use Policy or Terms and Conditions set forth below, or in any of the addended Acceptable Use Policies published by earth2net in any section or part of the earth2net web site, please call the earth2net Customer Service Department at 877.713.9971. All Potential clients are required to read and acknowledge having read these Terms and Conditions prior to opening an account with earth2net. Proof of having read this document is authenticated by click through email verification provided. Section 1.0 Provision of Services 1.1 earth2net will provide services on its contracted network systems and backbones to individual account holders ( EUs) in exchange for payment of fees and compliance with the terms and conditions of this document. 1.2 earth2net services are defined as the use by the EU of computing, telecommunications, earth2net software, and information services provided by earth2net, Inc. These services also include the provisioning of access to computing, network access, telecommunications access via terrestrial circuit, satellite uplink and down link access via terrestrial and transponder signal, software, and information services provided by others via the [ WWW] Internet. 1.3 earth2net provides computer software and programs with specific EU accounts. However, earth2net does not provide a warranty, either expressed or implied, as to the usability or behavior of these programs originating from 3rd party hardware or software developers or manufacturers. 1.4 earth2net does not provide access to USENET discussion groups (newsgroups). 1.5 earth2net will publish a notice of fee increases online via their home page at www.earth2net.com before such increases will take effect. 2.0 Use of Material 2.1 Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using earth2net services. EUs may also re-distribute materials in the public domain, however without the use of automated or bulk sending or receiving software or equipment. The EU assumes all risks regarding the determination of whether the material is in the public domain. Sending or re-distributing of pornographic material or material recognized as bulk advertising is prohibited. 2.2 As provided by United States federal law and by International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using earth2net services without the permission of the copyright holder. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor the copyright notices be modified. 2.3 Some materials available on the global Internet are called "SHAREWARE." These materials may be downloaded and used, but they are copyrighted materials. The copyright holder usually gives permission to use the material for examination. If the EU chooses to continue using the materials, the copyright holder requests that the EU follow the registration procedures involved in using the the material and may require payment of a license fee. 3.0 Use of Services 3.1 earth2net EU accounts are for individual users and the EU therefore agrees not to share the password of the account. The EU acknowledges that earth2net will terminate the account after appropriate notification if the account holder does not comply. 3.2 The EU agrees to maintain a secure password to the account. Secure passwords are those that are between 3 and 12 characters long, contain upper and lower case letters, and numbers or other characters, and can not be found in direct or reverse order in a dictionary, without regard to the language of the dictionary. 3.3 The EU agrees not to use any process, program, or tool via earth2net services for guessing the passwords of EUs on earth2net or other systems. The EU agrees not to use earth2net services to make unauthorized attempts to access the systems and networks of others. 3.4 The EU agrees to use the services provided by earth2net as permitted by applicable local, state, and federal laws. The EU agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law. 3.5 earth2net Electronic mail may be used in the conduct of legitimate business or for individual EU communication only. 4.0 Indemnification 4.1 The EU acknowledges that earth2net makes an honest effort to keep the information available on earth2net systems accurate. However, earth2net can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through earth2net is at the risk of the EU. 4.2 The EU also acknowledges that the information available through interconnecting networks may not be accurate. earth2net has no ability or authority over the material. earth2net can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through earth2net services is at the risk of the EU. 4.3 The EU agrees to indemnify and hold earth2net harmless from any claims, including attorney's fees, resulting from the EU receiving earth2net services which cause direct or indirect damage to another party. 5.0 Payment of Fees and Penalties 5.1 The earth2net billing cycle is in monthly periods, starting for each EU respectively from the day their account is activated for Dial Up 56k v.90 Internet Access, or as in the case of Digital Subscriber Line accounts, Web Hosting accounts, or Satellite Access accounts, on the first day of each respective 28,29,30, or 31 day month in any given calendar year. 5.2 earth2net EU accounts paid by check or money order are billed monthly, quarterly, semi annually, or annually in advance of service. New accounts paying by cash or check will not be activated until payment is received. earth2net user accounts paid by credit card are billed monthly in advance of the upcoming month's service. New accounts paying by credit card are activated immediately upon authorization of funds. The administration fee, set up fee, or sign on fee attached to each account type will not be refunded should the EU cancel service with earth2net. 5.3 Delinquent accounts are those that are unpaid after the due date, or those whose charges are refused by the EU's credit card company. 5.4 Accounts that are delinquent are put on "accounting lock" for the period of ten calendar days and may not be used. earth2net accounts continue to accrue charges while they are locked. The EU will be notified by earth2net by either email or telephone call of the delinquency. Should earth2net not be contacted by the EU by the close of business PDT or PST on the tenth day of the lock, the EU account will be canceled and the associated circuit disconnected. 5.5 Accounts that are on accounting lock will only be "unlocked" after the earth2net Accounting department has cleared the account and the account is paid in full. Accounts will only be unlocked during the hours of 12:00 Pm-5:00 Pm Monday-Friday, Pacific Time. 5.6 The EU acknowledges full responsibility for the account until payment in full is made. 5.7 A Fee of $78.00 will be assessed to Digital Subscriber Line accounts that must be re-connected or re-activated. 5.8 A Fee of $49.00 will be assessed to Satellite Internet accounts that must be re- connected or re-activated. 6.0 Account Cancellations 6.1 Cancellation requests for earth2net accounts must be received in writing either by USPS delivery or by email request no later than fifteen days before the anniversary date of the account on a monthly, quarterly, semi-anual, or annual account term. 6.2 All earth2net accounts must be paid in full before the cancellation transaction will be considered complete. 6.3 An account that is deemed canceled and is in arrears, is subject to collection by agency, and subsequently through legal action. 7.0 Abuse of Services 7.1 Any use of earth2net system resources that disrupts the normal use of the system for other earth2net users is considered to be abuse of system resources and is grounds for administrative intervention and subsequent account termination. 7.2 Modification, alteration, reverse engineering, decompilation, disassembly or creation of derived works based on earth2net proprietary installation or satellite logon software or associated setup utilities is considered an abuse of earth2net services. 7.3 Depending on the nature and the severity of the abuse, the EU will receive an email and/or a telephone warning or, if severe enough, have their account suspended by earth2net Technical Support without prior notice. If the misuse is unintentional, the suspension may be rescinded following discussion with earth2net Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Customer Service Manager. Occasionally, unintentional misuse is classified as intentional misuse. Customers who believe their activity has been incorrectly classified may appeal to the Customer Service Manager or Chief Technical Officer. Examples of system misuse can include, but are not limited to, the following: 7.3.a Personal dialup unlimited accounts are for the unlimited usage of ONE person only, with reasonable unlimited use. Reasonable unlimited use is defined as one person sitting at a computer using the service, and does NOT include leaving systems idle for excessive periods of time, leaving systems online for others' use as file servers, etc. 7.3.b earth2net Web Hosting EUs agree that they are solely responsible for the content of their web site. Any material represented on an EU web site, hosted by or managed by earth2net, deemed to be unacceptable by earth2net, will result in Blinding of the EU website until such time as the unacceptable content is removed from the web site. Should the EU refuse to remove the unacceptable material from the web site, earth2net reserves the right to cancel the EUs web hosting account immediately. 7.3.c Running IRC automation programs ("bots") on earth2net's server systems and/or other IRC server systems through earth2net's dialup access links is prohibited. 7.3.d The Sending of, receiving of, or facilitating of bulk or large amounts of unwanted email messages is prohibited. Use of earth2net backbone circuits, dial up network connections, satellite uplink or downlink connections, mail servers, or IP addresses that directly or indirectly utilize any part of an earth2net contracted network, affiliate network, partner network, LATA, switch, circuit, or server is prohibited and will result in immediate termination of EU service. Actively engaging in the hosting of web servers or mail servers that provide or facilitate a platform either directly or indirectly for the distribution of commercial advertising or bulk email distribution is forbidden. Soliciting, advertising, offering, or selling the use of these servers in internet commerce is forbidden. Posting commercial advertisements in USENET newsgroups, or making large numbers of article posts to inappropriate newsgroups (behavior commonly referred to as "spamming") through earth2net systems is prohibited. Under no circumstances or conditions does earth2net provide use of it's mail servers solely for the purpose of sending or relaying internet mail. At the discretion of earth2net, any incident or suspected violation of section 7.3.d will be reported to the IFCCFBI, the Internet Fraud Division of the the FBI. 7.3.e Use of profanity, racial slurs, sexually explicit language, or sexually explicit material on World Wide Web homepages stored in an earth2net EU account, or in electronic mail stored or transmitted through the earth2net, Inc. computer systems is prohibited. 7.3.f Use of copyrighted materials without permission of the copyright holder on World Wide Web homepages stored in an earth2net EU account is prohibited. 7.4 Violations of any of the earth2net conditions of use are unethical and may be criminal offenses. EUs are expected to report to earth2net any information concerning instances in which the conditions of use have been or are being violated. When earth2net becomes aware of possible violations, earth2net will initiate an investigation. At the same time, in order to prevent further unauthorized activity, earth2net may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at earth2net's discretion.

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