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USE OF CyberNet's
INTERNET SERVICES CONSTITUTES ACCEPTANCE In this document, CyberNet means CyberNet 1, Inc.™ and Customer means the party contracting for CyberNet's Internet services. CyberNet agrees to supply Customer with access to it's Internet services under the following TERMS AND CONDITIONS. Customer is responsible for ensuring full acceptance of and compliance with all terms and conditions set forth by this document. Terms may be modified by CyberNet on-line or in writing. Use of account after such publication will constitute Customer's acceptance of any modifications. This agreement is governed by the laws of the state of Montana. Customer agrees to use the service in a manner consistent with all state and federal laws. USE OF ACCOUNT. Customer passwords and Customer ID's are not to be shared or distributed. Use of this account is reserved for the individual or business whose name is entered on the account. Customer contracting for an “individual or family account” may not use that account for advertising or promotion of commercial products or services without permission from CyberNet. With the exception of “dedicated” accounts, Customer understands and agrees that “unlimited access” is defined as time that the Customer is actively using the service. Customer is responsible for all activity on his account, and should notify CyberNet in writing if his password has been compromised. The account may be suspended until a new password is issued. All publicly viewable materials are subject to editing and/or deletion by CyberNet. TERMINATION/CANCELLATION OF ACCOUNT. CyberNet reserves the right to terminate an account at any time and at their sole discretion. Termination of an account shall not relieve the Customer of liability to pay all outstanding charges in relation to the account up to, and including, the date of termination, including any and all collection fees that may have been incurred by CyberNet. (If Customer has arranged to be billed by credit card, access is subject to credit limits set by the Customer's credit card. If Customer's credit limit is exceeded, this may constitute grounds for termination of service.) Customer may cancel his account at any time by written notice to CyberNet. If an account is terminated by either party, CyberNet may delete Customer's personal files. A fee may be assessed to reopen an account that has been terminated. ACCOUNT PAYMENT/LATE CHARGES. Customer agrees to pay all charges to his account, on or before the payment due date, according to rates previously agreed to or written or published on-line. Such charges and fees shall be paid in advance by Customer for Internet services during any portion of the billing period. In the event that a Customer's account balance remains unpaid beyond the specified due date, a late fee may be assessed. CyberNet may change or institute new fees at any time after the initial service period and with 15 days advance notice. Notice may be written or published on-line. Customer is responsible for any local or long distance telephone charges incurred by connecting to CyberNet. CHANGE TO CUSTOMER ACCOUNT INFORMATION. Customer shall notify CyberNet of any changes to Customer's account information, including, but not limited to Customer's address or phone number. DISCLAIMERS. CyberNet disclaims any express or implied warranties or representations of any nature or kind in connection with its on-line Internet services, including, but not limited to, the implied warranties of merchantability and fitness of the service for a particular purpose. CyberNet shall not be liable for any losses or damages suffered by Customer including, but not limited to, loss of data from delays, non-deliveries, misdeliveries, or any service interruptions from any source whatsoever. Customer is responsible for ensuring that data stored on CyberNet's Internet servers is properly backed up. CyberNet disclaims all responsibility for files residing on CyberNet's Internet servers. CyberNet and its providers assume no responsibility for any damages caused by Customer's use or inability to use these Internet services. Customer understands that all advice, services and other information provided by third parties on the Internet are not necessarily reflective of CyberNet's opinion. CyberNet exercises no control over information passing through the Internet, and specifically denies any responsibility for the accuracy or quality of information obtained through its services. UNAUTHORIZED/ILLEGAL USE. Services provided by CyberNet may only be used for lawful purposes. Transmission of any material in violation of any federal or state regulation is prohibited. This includes, but is not limited to, material legally judged to be threatening or obscene, copyrighted material, or material protected by trade secret. Customers must comply with all rules and regulations governing any other network accessed through CyberNet. Use of the mail service for "spamming" is strictly prohibited. E-MAIL SECURITY. E-mail should be considered unsecured, and CyberNet disclaims any responsibility for the privacy of electronic mail or any information transferred through the Internet. CHANGE IN SERVICES. Services provided by CyberNet may be changed or modified without notice. These services may include, but are not limited to, vendors and services offered, commands, access procedures and hours of operation. ENFORCEMENT; BREACH OF CONTRACT; ENTIRE AGREEMENT.
CyberNet may elect to enforce any part of this agreement, and non-enforcement
shall not imply consent. If any part of this agreement is found to be
unenforceable, the remainder of the agreement will remain intact and binding.
Customer agrees to pay a reasonable attorney's fee and/or all other legal costs
arising out of any breach of the terms of this agreement. Customer acknowledges
that these Terms and Conditions supersede all previous representations,
understandings or agreements, whether oral or written, and shall prevail,
notwithstanding any variance with terms and conditions of any order submitted.
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