Terms and Conditions
Internet Account Terms and Conditions of Access and Acceptable Use

This Agreement is made and entered into by and between USAonline, and Subscriber.

Access.
Pursuant to the terms of this Agreement, and upon the payment of all fees and charges required to be paid to USAonline, Subscriber shall have the right to utilize the services of USAonline to access the Internet. However, this access is conditioned upon and shall be governed by the terms and conditions contained in the Agreement. By accessing USAonline's facilities and services, Subscriber accepts all terms and conditions contained herein.

Charges.
Subscriber agrees to make timely payment of all charges, as set forth in this Agreement, to USAonline. All charges shall be paid using a major credit card, i.e. MasterCard, Visa, American Express, or Discover, unless other arrangements have been made with USAonline for the payment of the charges. In addition, the following terms and conditions will apply:

1. The installation charges plus one month's complete charges in advance will be paid at the time Subscriber services are ordered or at the time services are initiated. These charges are non-refundable.
   
   
2. All charges must be paid within thirty (30) days in advance. If Subscriber's monthly payment is not received within thirty (30) days, Subscriber's service will be subject to disconnection and interruption without notice to Subscriber. In the event Subscriber's service is disconnected or interrupted for failure to make timely payment of the charges owed, pursuant to this Agreement, and USAonline agrees to restore or reconnect service, then a reconnection charge in the amount of the setup fee will be charged. This charge, plus all past due amounts owed, must be paid in full before restoration and reconnection to USAonline will occur. Nothing contained herein shall be deemed as requiring USAonline to restore or reconnect service.
   
   
3. Failure to make timely payment of all charges, i.e., within thirty (30) days of the date of invoice, constitutes an event of default under the terms of this Agreement. Upon default, all amounts due and owing to USAonline will be deemed to have been accelerated and become immediately due and owing to USAonline. Upon default, credit will no longer be extended by USAonline to Subscriber.
   
   
4. USAonline may change the terms and conditions of this Agreement and the charges for any service it provides to Subscriber at any time without notice to or prior approval by Subscriber. By executing this Agreement, Subscriber agrees to pay all new charges without prior approval. In the event Subscriber is dissatisfied with the amount of charges or any other term and condition contained in this Agreement, or any term and condition subsequently changed by USAonline, then Subscriber's only remedy is to cancel and terminate this Agreement in accordance with the termination provisions of this Agreement.
   
   
5. USAonline may change the services provided pursuant to this Agreement at any time with thirty (30) days prior notification to Subscriber. The notice to Subscriber may be made by e-mail or fax transmission or posting on USAonline's web page (http://www.usaonline.net).
   
6. Unless other, separate, written or contractual arrangements are made, network and dial-up subscriber access accounts are for private use only. Subscribers may not resell, loan, share or assign, in any way, their access accounts to any other person(s) or company or corporate entity's.
   
7. Definition of UNLIMITED use.  Connections (sessions) to the service may be maintained as long as the session is "interactively in use" and is not being artificially maintained by software or hardware devices. Ping Daemons, NNTP emulators, other software clients for that purpose and Email clients set to maintain a connection during the subscriber's absence, are prohibited. Sessions should not exceed 8 hours on a regular basis. Connecting for multiple 8 hour or more sessions on a regular basis (See # 8 Below) constitute a dedicated connection and will be charged at the prevailing published rates.
   USAonline Inc. reserves the right to disconnect any dial-up connection that has been online for more than 8 continuous hours, or anytime that USAonline Inc. finds abuse of the above provisions, without warning.
   
8. Definition of a DEDICATED connection. Maintaining a forced connection (session) for over 8 hours per day, more than 3 times during any 30 day period.
   
9. Definition of SPAM - SPAM or Unsolicited Bulk Email ( UCB ) originating from any dial up or dedicated subscriber account is prohibited. SPAM is defined as: " Mass Email advertising, promotional or other messages, sent to persons who have not requested it". Subscribers who send out unsolicited bulk email (SPAM), will have their accounts suspended without notice and a fee of $5.00 per Email message will be applied. Mass postings to USENET News groups promoting a Website or product or service, is considered SPAM.  50 Christmas messages to your family or friends  is NOT SPAM. USAonline investigates all SPAM incidents and will prosecute offenders to the full extent of the Federal and State laws that apply, including "denial of service attack" laws, that carry 4 year prison terms and $10,000 fines, for first time offenders. USAonline reserves the right to send messages to all users when it is deemed necessary for the purpose of advising customers of planned outages or other system specific information that is important to subscribers and in such an instance shall not be considered as utilizing unsolicited bulk email. Mass email messages sent to addresses that are published on websites are not considered SPAM or UCB, because a reasonable person would logically reason that the aforementioned advertised address is encouraging contact from anyone at anytime for any reason unless that address is specifically labeled for another purpose only.
   
10. Hosting of Web pages or Web Sites on any server of any type that is owned by USAonline Inc. whether a FREE user sub-domain or paid full virtual domain or Vanity domain is subject to the following conditions. USAonline inc. requires that any content placed on any USAonline Inc. server be of a "G" rated nature. USAonline specifically prohibits content of a hateful, illegal, inappropriate, abusive or adult nature and will remove pages of that nature without notice and at USAonline's sole discretion if and when such material is found. Hosting of virtual domains and vanity domain are for a minimum 1 year period unless special arrangements are made and approved in advance. Uploading inappropriate material as described above to any feature of any USAonline website is prohibited and will be prosecuted to the fullest extent of the law. Hosted advertisements on any USAonline Inc. server are subject to the same rules as above with the added requirement that any link associated with any hosted advertisement may not be targeted to websites containing inappropriate material as detailed above. USAonline Inc. is not responsible for any content of an inappropriate nature as described above that is placed on any website hosted by USAonline Inc. by a website owner and USAonline Inc's sole liability shall be to remove such material, when found or reported, without delay. 
    

Telephone Charges.
Subscriber shall be solely responsible for all telephone and telecommunication changes, charges and fees for connecting directly to USAonline. USAonline assumes no responsibility or liability for any telephone charges, including but not limited to long distance charges, permitted user charges and/or equipment's online costs incurred by Subscriber while accessing USAonline or the Internet and such changes are the sole responsibility of Subscriber. Any disputes regarding telephone services or bills are strictly between Subscriber and Subscriber's telephone company and/or long distance provider.

Term.
This Agreement shall remain in full force and effect until terminated by either party.

Termination.
USAonline may terminate this Agreement upon default by Subscriber in the performance of any of Subscriber's obligations, pursuant to this Agreement. The waiver by USAonline of any act of default by Subscriber shall not constitute a waiver of any subsequent default. Subscriber may terminate this Agreement only after giving USAonline thirty (30) days written notice. Notice of termination may be provided by e-mail or fax transmission. In the event this Agreement is terminated, USAonline may terminate services within thirty (30) days after receipt of such notice of termination. Subscriber will not be entitled to receive any refund for any used or unused time. Subscriber shall be liable for the payment and all fees accrued up to and including the date of termination. Upon termination of the Agreement or the services contemplated hereunder, Subscriber must either return all USAonline software to USAonline or otherwise destroy it.

Lawful Use of Service.
Subscriber shall use the service provided by USAonline only for lawful purposes. Subscriber warrants and represents that Subscriber will use the services provided by Subscriber and the Internet in compliance with all state and federal laws and regulations, including all copyright and trademark laws and regulations. USAonline may terminate service for any violation of any law or regulation by Subscriber or any person gaining access to USAonline or the Internet through Subscriber. Subscriber agrees to comply with the rules and regulations for any other networks accessed through USAonline. Use of any information obtained by Subscriber through USAonline is at Subscriber's own risk. USAonline specifically denies any responsibility for the accuracy, quality or content of information obtained through its services. Subscriber specifically agrees not to upload, post, or reproduce in any way, any materials protected by copyright without the permission of the copyright owner. Only public domain files, or files that the author has given express consent for on-line distribution may be uploaded to the software libraries or other files by Subscriber. Any other software may not be uploaded to the USAonline or Internet software libraries. USAonline, at its sole discretion, reserves the right to refuse posting of files and to remove files. USAonline, at its sole discretion, further reserves the right to immediately terminate, without notice, any Subscriber who misuses the software libraries.

ECPA NOTICE:
USAonline reserves the right to monitor any and all communications through or with USAonline facilities. Subscriber agrees that USAonline facilities are not to be considered a secure communications medium for the purpose of the CPA and that no expectation of privacy is afforded.

a. Accounts are for Subscriber's personal use only. Consuming more than one modem line, loaning Subscriber's account to others, connecting a BBS or other system used by multiple persons via any class of services described here, and group use of user logins are explicitly prohibited. Violations of this policy will be dealt with as theft of service and will result in back billing, at organizational rates, to the inception of your subscription. USAonline may also prosecute these violations under civil and criminal law.

b. Subscriber agrees not to obstruct the system's identification procedures in electronic communications that Subscriber initiates. Anonymous services may be used, provided that Subscriber does not attempt to impersonate others.

c. The transmission of unsolicited advertising through mass-electronic mail, Usenet postings to inappropriate groups, or other direct transmission is prohibited. However, posts made to appropriate Usenet groups as well as general commercial use of USAonline is encouraged.

d. Subscriber agrees to not abuse the system and its resources, including any quotas on disk usage that may be imposed, and policies on the use of resources (such as Usenet) that reach beyond this system. You agree not to attempt to violate the security of this system or its authentication and accounting procedures.

e. Use of NSFNet resources for purposes not in the furtherance of education and research are prohibited. If in doubt about the affiliation of sites and any acceptable use policies that may apply, please contact our system administrator (send e-mail to [email protected]).

f. Use of a "Pingbot" or other mechanism to defeat the 20-minute idle timeout is specifically prohibited.

Release.
Any resale of any service provided by USAonline without USAonline's prior express written consent is prohibited. Subscriber agrees not to resell or obtain any compensation in any form, directly or indirectly, from any other person or entity for access, products, service, or contents through USAonline, without the express written consent of USAonline. This Agreement is not sharable. Each person who uses USAonline must be a subscriber in his or her own right. Subscriber will not allow any unauthorized person or entity to utilize USAonline or the Internet. Subscriber may not distribute Subscriber's user id and password to the USAonline service or the Internet to others.

Physical Equipment and/or Software.
Subscriber is responsible for obtaining and maintaining all equipment necessary to connect to USAonline and the Internet. USAonline will not be liable or responsible for the installation and/or service on equipment and/or software including software provided by USAonline. Subscribers are responsible for the use and compatibility of hardware and software not provided by USAonline. In the event that Subscriber uses hardware and/or software that impairs Subscriber's use of USAonline services, Subscriber shall nonetheless be liable for regular payments to USAonline. Upon notice from USAonline that any of the hardware and/or software used by Subscriber is causing or, in the sole opinion of USAonline, is likely to cause hazardous interference or service obstruction immediately. Subscriber may consult with USAonline for purposes of correcting problems caused by such equipment and/or software. However, USAonline may charge a fee for such services. USAonline will not be responsible or liable if any changes in hardware, software, or service causes Subscriber's equipment to become obsolete, or in need of modifications to protect and preserve the total performance of USAonline on an end-to-end basis or to protect the USAonline backbone(s) and those networks attached to USAonline. Subscriber is responsible and liable for any and all repairs to Subscriber's equipment.

E-mail Storage.
USAonline provides short-term storage for Subscriber's e-mail. Subscriber is expected to download and delete messages stored on USAonline facilities. USAonline understands there are circumstances where messages may be read and stored for download at a later time. (Examples: Using MailMan while at work for personal e-mailboxes; at home for business e-mailboxes; travelling.) USAonline will provide storage of "unread" e-mail for up to sixty (60) days, and "read" e-mail for up to thirty (30) days. E-mail left after the aforementioned time periods will be deleted.

Release and Indemnity Agreement.
Subscriber understands and agrees that USAonline is a conduit entity through which Subscriber may obtain access to the Internet. Subscriber desires to utilize the services of USAonline as a conduit to enable Subscriber to access the information, programs and other services provided by the Internet. Subscriber acknowledges and agrees that USAonline exercises no control over the content of the materials that may be accessed through USAonline or the Internet and that the materials accessed may be offensive, and may include adult materials or information. Subscriber hereby releases and discharges USAonline, its agents, employees, officers, directors, insurers and assigns from any and all causes of action, damages, demands, judgments and any other causes of action that Subscriber may have arising out of the information or materials that Subscriber may access or obtain from using USAonline to access or retrieve information, services or other material from the Internet. Subscriber hereby indemnifies and holds USAonline, its agents, employees, officers, directors, insurers and assigns harmless from any losses, claims, demands, judgments, attorney fees, costs or other expenses incurred or suffered by USAonline, its agents, employees, officers, directors, insurers, and assigns and arising out of Subscriber's access to USAonline, or the Internet, including any of Subscriber's actions for such things as computer fraud, computer vandalism, invasion of privacy, interests of another, introduction of virii, and objectionable or questionable content of mail, newsgroup posting, or any other use of the Internet.

Authority.
By executing this Agreement, Subscriber represents and warrants that Subscriber has the capacity and authority to enter into this Agreement. USAonline is not required to enable or connect Subscriber's access to USAonline or the Internet, unless and until USAonline is satisfied that Subscriber has the capacity and authority to enter into this Agreement. USAonline shall not be required to enable or connect access to the Internet on behalf of a minor unless and until this Agreement is signed by the minor's parent, custodian or legal guardian. By executing this Agreement, Subscriber acknowledges that the biographical information provided is true and correct. Subscriber's address may be used by USAonline for all billing and notification purposes as set forth in this Agreement.

Warranties.
USAonline makes no warranties of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose in connection with the services provided by USAonline pursuant to the terms of this Agreement.

Limit of Liabilities.
USAonline will not be liable for any direct, indirect, consequential or reliance damages, whether foreseeable or not, or for any damage to property, loss of profits, costs of replacement services, or claims by Subscriber, or for any service problems caused by any defect, delay, unavailability or failure in the service provided by USAonline or by any other cause. USAonline shall not be liable for any service defect caused by forces outside of its control, including accidents, cable cuts, fires, floods, emergencies, government regulations, wars, or acts of God.

Consultation.
USAonline, at its option, can supply technical services in the form of consulting and/or services to Subscriber. Such services will be billed at the rate(s) set forth in the USAonline pricing sheet or at rates that are in effect at the time such services are requested or rendered. USAonline has the right to refuse such technical services at its option and discretion. USAonline will have free access to Subscriber's telephone lines for these purposes.

Opinions not those of USAonline.
Subscriber understands and agrees that the opinions and advice and all other information expressed by Subscriber's information providers or other third parties on USAonline or the Internet are those of the particular provider and are not the opinions or advice of USAonline. Subscriber understands that USAonline exercises no control whatsoever over the content of the information passing through it.

Entire Agreement.
This Agreement, together with any handwritten terms on the reverse hereof, constitutes the entire Agreement between the parties hereto. The terms and conditions of this Agreement shall be interpreted and enforced pursuant to the laws of the State of Texas. If any one provision of this Agreement is declared null, void, unenforceable or ambiguous, such a determination will not affect any of the other terms of this Agreement and all other Agreements shall remain in full force and effect. If Subscriber is applying for an Internet-accessible Account (all classes of service), Subscriber agrees to be bound by the Internet Account Terms and Conditions of Access, and agrees to comply with any and all Acceptable Use Policies that may be enforced for the communications that Subscriber initiates. Subscriber understands that Subscriber is solely responsible for determining the acceptable uses of any network, which Subscriber causes to be transferred by Subscriber's actions while using Internet services, and for compliance with applicable policies.

Jurisdiction and Venue.
In any dispute between Subscriber and USAonline, the parties agree that venue will be in Midland County, Midland, Texas and that the State of Texas will have exclusive jurisdiction over any cause of action arising out of any dispute concerning this Agreement or any of the obligations by either party pursuant to the Agreement.