INTERNET FRONTIER Terms, Conditions and Access Policies


INTERNET FRONTIER Customers--personal as well as business, commercial and government--must comply with the current terms, conditions and access policies given below, and as they may from time to time be revised, when accessing any INTERNET FRONTIER system or network and when passing through any INTERNET FRONTIER system or network to access any other computer system. Failure to comply may result in disconnection and termination of your account(s), and no refunds will be made. Activation of your account(s) indicates that you agree to comply with all conditions, policies and terms. If you do not agree with these conditions, policies and terms, please contact INTERNET FRONTIER to terminate your account. It is a Customer responsibility to be aware of any changes to these terms, conditions and access policies, which may be done by reading the on-line file at any time or by contacting INTERNET FRONTIER for a copy.

An INTERNET FRONTIER account entitles the account holder (Customer) to only one login at a time (whether by modem or other means); multiple logins at the same time under the same userid are not permitted without prior approval of INTERNET FRONTIER and payment of additional charge. Customer is required to keep the userid and password in confidence; access to the same account by others is not permitted. Each account includes domain name resolution, and IP/email routing, for one domain; resolution and routing for additional domains are available at additional charge.

Customer IS EXPECTED TO HAVE A REASONABLE FAMILIARITY WITH THE OPERATING SOFTWARE (Windows, Mac O/S, Unix/Linux,etc.) ON THEIR SYSTEM. THIS INCLUDES SUCH COMMON AND FAMILIAR TECHNIQUES AS MINIMIZING/MAXIMIZING WINDOW SIZE, DRAG-AND-DROP, SWITCHING BETWEEN ACTIVE WINDOWS, USE OF THE TASK BAR, ETC. INTERNET FRONTIER CANNOT 'TEACH WINDOWS OVER THE PHONE'.

INTERNET FRONTIER will provide assistance, at our office or via telephone during our regular business hours, in initially setting up Customer's system for dial- in connection. This assistance is limited to the guidance necessary to configure a "dialler" and a "browser". Assistance in setting up other hardware (e.g., a CD- ROM) or software (e.g., Windows 9x/XP) is available at an hourly rate, with payment due as soon as that service is rendered. Customer is solely responsible for obtaining and maintaining Customer's equipment and software.

Shell account Customers are urged to change account passwords regularly. INTERNET FRONTIER is not responsible for passwords on shell accounts. Once the initial password has been changed, we cannot tell you what it is. PPP (Internet) account Customers must contact INTERNET FRONTIER to have their password changed. INTERNET FRONTIER reserves the right to charge a fee to change a password. Shell account Customers are expected to be familiar with a UNIX environment.

It is solely the responsibility of Customer to determine and assure that the INTERNET FRONTIER modem access number which they call is a local call from their dialing location. Under no circumstances is INTERNET FRONTIER ever responsible for all or any part of any Customer telephone bill.

INTERNET FRONTIER personal accounts of any type are not for commercial purposes. If such an account displays or references commercial material, INTERNET FRONTIER reserves the right, without notice, to reclassify the account as business and invoice at the applicable rate. Customers running a server connected to INTERNET FRONTIER must have a full-time access account.

The systems and network of INTERNET FRONTIER are solely for the lawful access and purposes of INTERNET FRONTIER and its Customers. The systems and network resources associated with each type of INTERNET FRONTIER account have either specific limits (such as disk space) or reasonable implied limits (such as system memory). Abuse of any of these resources, whether or not such abuse disrupts normal activity, operation or control of a system or the network, is prohibited. Excessive consumption of disk space, memory, bandwidth or CPU, as well as use of an account by someone other than the account holder, or resale of account resources by the account holder, are some examples of abuse or prohibited activities and may result in immediate termination of the account.

Attempts to access the files or accounts of other INTERNET FRONTIER Customers, or to penetrate or circumvent system or network security mechanisms, will be cause for the immediate termination, without notice, of all INTERNET FRONTIER accounts belonging to the violator.

Impersonating another person or Customer, such as by using their userid or email name, or in any way falsifying one's own INTERNET FRONTIER userid or email name, is prohibited, except that "stage names" or "nicknames" can be used with IRC. To defeat "spammed" email, it is permissible to precede your email address with a phrase such as "NO-SPAM", provided that your entire, correct email address immediately follows the phrase.

Certain INTERNET FRONTIER account types permit unlimited dial-in connect time. However, dial-in lines may be configured with timers which disconnect the line after a specified time, usually 20 minutes, if there has been no activity on the line. Customer agrees that this is not contrary to the notion of unlimited connect time. Using any technique, program or device (e.g., repeated "pings") specifically to keep the line connected and thwart this inactivity disconnection is prohibited, and if such activity is discovered, the Customer account will be immediately terminated, and Customer will be billed for the connect time accumulated in this manner at a rate of $3 per hour. Accumulated connect time of 250 hours per month or more is considered unusual, and INTERNET FRONTIER may ask Customer to explain how these hours were accumulated by the Customer without using a technique, program or device.

INTERNET FRONTIER reserves the right to "grandfather" account types for some Customers.

Accounts with INTERNET FRONTIER may not advertise, encourage, or otherwise promote any other Internet providers, including but not limited to references in Web pages and news groups. Violation can be cause for account termination.

INTERNET FRONTIER gives no assurances or guarantees that data stored on any INTERNET FRONTIER system will be backed up or maintained, or cannot be lost or corrupted. In the event of a component or system failure, it may not be possible to save or restore files. Customer acknowledges this, and agrees that it is solely the responsibility of the Customer to take such steps as the Customer feels necessary and prudent to back up Customer's files and/or to assure that they are intact and current.

Email is the primary means of communication with our customers. You are expected to regularly check your Internet Frontier email address. If you have an email address elsewhere that you prefer to use, please let us know so that we can forward messages to that address. This requirement also applies to those customers whose Internet Frontier account does not include an email address.

Misuse of email is prohibited. Examples of misuse include sending unsolicited mass mailings from an INTERNET FRONTIER email address which provoke a disproportionate number of complaints from the recipients, mail which violates applicable California or United States law, and "spamming" or mass emailing from a provider other than INTERNET FRONTIER which accesses an account or server at INTERNET FRONTIER as a response or return emailbox. Misuse will result in termination of all accounts belonging to the violator, and may result in collection fees and legal action.

If Customer so requests, INTERNET FRONTIER will produce a backup of Customers' files. However, INTERNET FRONTIER cannot assure that a backup can be produced on media or in a format which would be compatible with another computer system. INTERNET FRONTIER may charge a fee each time for this service. This format/media limitation, and fee, also apply if Customer requests such a backup as part of terminating their account with INTERNET FRONTIER.

INTERNET FRONTIER makes no representations and gives no assurances of any kind, or in any form, about data which exists, or is thought to exist, on any computer system, no matter where located, and which may be accessed through INTERNET FRONTIER.

Customer understands and acknowledges that it is possible, through INTERNET FRONTIER, to access sites and services which may contain or refer to material or subject matter that is not appropriate for some people, or which Customer may find offensive or objectionable. INTERNET FRONTIER is not responsible in any way for such sites, services, subject matter, or material, and exercises no control over the content or nature of information passing through its systems or network.

Customer understands and acknowledges that electronic mail and other transmissions over the Internet and through INTERNET FRONTIER systems are not confidential, and that INTERNET FRONTIER does not guarantee the protection or privacy of such electronic mail and other transmissions.

To assure the integrity of domain name service, Customer domain names will be activated (added) or deactivated (removed) on our servers only on dates or at times determined by INTERNET FRONTIER.

Customer agrees to access INTERNET FRONTIER only for lawful purposes. Receipt or transmission of any material, file, data or information in violation of state or United States law, statute or regulation, is prohibited. This includes, but is not limited to, copyrighted material, unauthorized transmission of trade secrets, Department of Defense or other national security information not authorized for public release, and material legally determined to be obscene or threatening. Customer agrees to indemnify and hold harmless INTERNET FRONTIER, its managers, officers, employees, agents, contractors, and other Customers, from any and all lawsuits, decrees, costs, expenses, judgments, and attorney's fees which result from Customer's access to INTERNET FRONTIER.

If Customer requests that INTERNET FRONTIER set up an account, Customer will be billed for that account beginning with the day INTERNET FRONTIER activates the account. The monthly account charge for each type of account is not for usage or service; it is simply an access charge. A minimum of one month's payment is due within 5 days of activation, and normally each month in advance thereafter, WHETHER OR NOT CUSTOMER HAS ACCESSED THE ACCOUNT. CUSTOMER UNDERSTANDS AND AGREES THAT THERE IS NO 'FREE TRIAL USAGE' PERIOD. Customer will be billed, and agrees that payment is due, even if Customer does not have the software or equipment necessary to connect to and/or access their account with INTERNET FRONTIER. If full payment is not received within 5 calendar days of activation date (within 10 days on all subsequent invoices), INTERNET FRONTIER reserves the right to suspend access and terminate the account. Late charges may be added to overdue accounts; a fee will also apply to accounts reactivated after being suspended.

Termination or suspension of an account for any reason does not release liability for charges due. Customer is also responsible for any expenses incurred by INTERNET FRONTIER to verify the integrity of its systems, replace or correct any files, and respond to complaints caused by violating any of these terms, conditions and access policies.

Account termination is NOT automatic. Request for account termination MUST BE IN WRITING (letter by U.S. mail or dropoff, or FAX to our business address, not by email), and will be effective on the last day of the calendar month in which it is received at INTERNET FRONTIER; Customer remains liable for all charges through that date. Monthly charges WILL NOT BE PRORATED FOR FEWER DAYS OR HOURS. Customers who have prepaid more than one month, and who request termination prior to the end of the prepaid period, will have their monthly charges recalculated at the undiscounted rate for their type of account, with any remainder refunded to Customer. A termination request must include the name and address of the account holder, login userid, password, INTERNET FRONTIER account number, and signature. INTERNET FRONTIER may delete all data, files and any other information (including email), immediately for Customer accounts which are terminated for any reason. INTERNET FRONTIER may assign an account for collection. On accounts assigned for collection or litigation, reasonable collection or attorney's fees will be paid by responsible party.

Customer must be at least 18 years old. If less than 18 years old, the account agreement must be signed by Customer's parent or legal guardian.

These terms, conditions and access policies shall be interpreted, construed and enforced in accordance with the laws of the State of California. In the event that any provision conflicts with the law, or if any provision is held invalid by a court with jurisdiction over the parties, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of the provisions shall remain in full force and effect.

These terms, conditions and access policies supersede and replace all previous agreements. INTERNET FRONTIER reserves the right to modify these terms, conditions and access policies at any time and without notice.

YEAR 2000 READINESS DISCLOSURE

This statement is provided in accordance with the "Year 2000 Information and Readiness Disclosure Act", enacted October 19, 1998.

INTERNET FRONTIER gives no assurances, guarantees or warranties of any kind that any equipment, device, service, or program used by INTERNET FRONTIER, or accessed through INTERNET FRONTIER, is compliant with Year 2000 (Y2K) standards or customary definitions, including, but not limited to, uses of dates in any form or for any purpose; no reliance should be taken, and none is given, for any Y2K information which may be given, or implied, whether written, oral or in any other form. Customer assumes full responsibility for, and is solely responsible for, Y2K compliance of their system and software, no matter, when, where, how, or from whom obtained.

DISCLAIMER OF WARRANTY, AND LIMITATION OF LIABILITY

INTERNET FRONTIER gives no assurances, guarantees or warranties of any kind, express or implied, including, without limitation, those of merchantibility and fitness for a particular purpose, of any level of system or network availability, or of any level of performance or access, or that defects will be corrected. INTERNET FRONTIER is on an "as is, as available" basis. Unexpected outages may occur, and INTERNET FRONTIER reserves the right to interrupt access, whether planned or unplanned. Customer access should anticipate the possibility of access interruption.

Accounts provided by INTERNET FRONTIER are accessed by Customer solely at Customer's risk. Customer agrees to indemnify and hold harmless INTERNET FRONTIER, its managers, officers, employees, agents, contractors, and other Customers, from any claims arising from Customer's access to INTERNET FRONTIER which causes direct or indirect damage to the Customer or any other party, whether such access was authorized or not. INTERNET FRONTIER will not be responsible for indirect, special or consequential damages resulting from access or non-access, use or non-use, of INTERNET FRONTIER, whether to Customer or any third party, even if INTERNET FRONTIER has been advised of the possibility of such damages. INTERNET FRONTIER'S liability to Customer for actual damages for any cause whatsoever, and regardless of the form of the action, will be strictly limited to the monthly account fees paid by Customer to INTERNET FRONTIER for the period in which the damages occurred.

10/08/02