1. Terms and Conditions for Internet Access Services
2. Account and Agreement Term
3. Billing/Terms/Termination
4. Provision of Services
5. Support
6. Security of Accounts
7. Use of Material
8. Personal Web Site Acceptable Use
9. Abuse of Internet Services
10. Abuse of A.C.S. NETWORKS Services
11. Discovering and Reporting Abuse
12. Offensive or Adult Materials
13. Warranties
14. Severability
15. Effective Date
16. Account Types

Terms and Conditions for Internet Access Services

This agreement represents the complete agreement and understanding between A.C.S. NETWORKS and Subscriber and supersedes any other written or oral agreement. Upon notice published on-line via A.C.S. NETWORKS, A.C.S. NETWORKS may change these terms and conditions, and/or change the prices charged for these services, and/or discontinue or change the services offered.

We will not enable Subscriber's Internet access account until we receive an A.C.S. NETWORKS Internet Access Order Form from Subscriber. It must be signed and dated by Subscriber and by Subscriber's parent or legal guardian if Subscriber is under 18 years of age. A.C.S. NETWORKS does not recommend sending cash through the mail. We are not responsible for the loss of your funds if you do this. We accept VISA, Master Card, checks and money orders. If you use a credit card your subscription can automatically be billed to your card on a monthly or quarterly basis.

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Account and Agreement Term

This agreement shall remain in effect until Subscriber terminates his/her account or A.C.S. NETWORKS cancels Subscriber's account. A.C.S. NETWORKS may occasionally require new registration and account information from Subscriber to continue this service. In addition, Subscriber shall notify A.C.S. NETWORKS in writing or by e-mail of any changes in the account information, such as address or phone number.

All accounts described below are for personal, non-transferable access. Note that signing on with more than one concurrent user session through our modem pool is explicitly prohibited, as is lending or giving your account password to others.

EACH INDIVIDUAL PERSON WHO USES A.C.S. NETWORKS MUST HAVE THEIR OWN ACCOUNT.

A.C.S. NETWORKS reserves the right to change the terms and conditions by notifying Subscriber in writing or by e-mail at least 30 days in advance of the effective date of the change. Use by Subscriber after the effective date constitutes acceptance of the new terms and conditions. If subscriber does not agree to the new terms and conditions, Subscriber may cancel this agreement at any time by giving A.C.S. NETWORKS proper written notice in accordance with the terms and conditions stated herein.

A.C.S. NETWORKS also reserves the right to terminate an account at any time for any reason. Subscriber will not receive a refund for any prepaid or unused time.

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Billing/Terms/Termination

A.C.S. NETWORKS will bill Subscriber monthly subscription and connection fees as set forth in A.C.S. NETWORKS current rate schedule. This schedule may be modified by A.C.S. NETWORKS upon 30 days notice in writing or by e-mail to Subscriber.

The A.C.S. NETWORKS accounting cycle begins on the 1^st. day of the month. The A.C.S. NETWORKS accounting period is one month. Subscriber must notify A.C.S. NETWORKS at least 15 working days before the next payment is due if Subscriber wishes to change the method of payment. Subscriber must notify A.C.S. NETWORKS at least 10 working days before the next payment is due if Subscriber wishes to change type of account.

Service payments will be submitted in advance of receiving services. Accounts not paid by the beginning of each accounting cycle will be considered delinquent. Delinquent accounts will be de-activated on the 10^th day of the month.

There is a $15.00 service charge for each returned check.

New accounts opened after the 5^th day of the accounting cycle will be pro-rated at a rate of $0.67 per day remaining in that cycle for the month. (Does not apply to Timed accounts.)

Requests for termination of accounts must be received in writing by A.C.S. NETWORKS via e-mail, fax or postal service at A.C.S. NETWORKS office. Accounts will be terminated 5 working days after the receipt of such requests.

A.C.S. NETWORKS will send bills out at the beginning of the month. Payment is due upon receipt of invoice. Note that if your account expires, it is held at A.C.S. NETWORKS for 30 days; if renewal is received before that time files and any incoming mail will remain intact RENEWAL WILL BE FROM THE EXPIRATION DATE, NOT THE DATE OF RECEIPT OF YOUR PAYMENT. That is, if your account expires on March 1^st, and we receive payment on March 30^th for one additional month, your new expiration date will be April 1^st, not May 1^st.

Thirty days after expiration, all records and files will be deleted, and will not be accessible or recoverable.

A.C.S. NETWORKS will archive files from expired accounts to tape or floppy disk provided customer supplies the necessary media (sufficient floppy disks or tapes) within 30 days of expiration. A.C.S. NETWORKS will archive the files, including mailbox files, and return them via US Post. Note that we must receive the media, payment and request prior to the 30 day period or we will have automatically deleted your account, making recovery of the data impossible.

A mail forwarding address will be provided for subscribers choosing not to renew service. This address will be valid for 30 days only. Only mail arriving after forwarding takes effect will be delivered. There is no charge for this service at account termination. 30 days after expiration the forwarding order will automatically expire, and mail will be returned to sender undelivered.

Subscriber is responsible for all fees up to the date of termination of the service, except where A.C.S. NETWORKS is unable to provide services under this agreement through its own negligence.

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Provision of Services

A.C.S. NETWORKS will provide services on its host computing systems to individual subscribers in exchange for payment of fees and compliance with the terms and conditions of this document. A.C.S. NETWORKS services are defined as the use by Subscriber of computing, telecommunications, software, and information services provided by A.C.S. NETWORKS. These services also include the provision of access to computing, telecommunications, software and information services provided by others via the world-wide computer network known as the Internet.

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Support

A.C.S. NETWORKS support is for connecting to A.C.S. NETWORKS's services only. Programs supplied by A.C.S. NETWORKS for access to A.C.S. NETWORKS modems are either shareware or freeware and support for those programs must be obtained from the original author's. As supplied the disks have been tested and do work with A.C.S. NETWORKS's computers. Occasionally there are configurations that will conflict with the proper operation of supplied software. A.C.S. NETWORKS will try to assist in resolving such conflicts but you may need to contact your hardware vendor, operating system vendor, or software author to resolve the conflicts.

Support for the internet will be limited to assisting in the setup of supplied programs and logging into A.C.S. NETWORKS's hosts computers.

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Security of Accounts

A.C.S. NETWORKS Dial-up and UNIX accounts are for individual users and Subscriber therefore agrees not to share the password or use of the account with others, including but not limited to other family members or business associates. Additional e-mail only accounts are available for up to 3 additional family members free. Subscriber acknowledges that A.C.S. NETWORKS may terminate the account without notice if the subscriber does not comply.

Subscriber agrees to maintain a secure password to the account

Subscriber agrees not to use any A.C.S. NETWORKS services to obtain the passwords of subscribers on A.C.S. NETWORKS or other systems. Subscriber agrees not to use A.C.S. NETWORKS services to make unauthorized attempts to access the systems and networks of others.

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Use of Material

Subscriber agrees not to use A.C.S. NETWORKS services to violate copyright or other intellectual property rights of any author or publisher. For example, Subscriber may not upload or download commercial software in violation of software agreements.

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Personal Web Site Acceptable Use

• Use up to 5 megabytes of space FREE OF CHARGE
• Personal Web Space is for personal information and fun.
• You own the files in the public_html directory. Update them as you wish!
• Personal Web Space is a Freebie for those who want to dabble in Web Site development. CAVEAT: We provide FREE installation instructions (click here for more information), but Personal Web Site consultation is not free.
  
  Phone calls or e-mail requiring consultation for Personal Web Space is billed at $40 per hour with a minimum $10 per consultation. This policy does encourage you to do your homework (particularly in the use of UNIX), grunt through the instructions and learn a whole lot! If you are unable or unwilling to do this, we will be happy to provide consultation and Web construction services at the aforementioned rates.
• No CGI scripts (unless provided by A.C.S. Networks) for Personal Accounts at this time. This policy is still under review.
• No controversial material of any kind (i.e.: religious, political, sexual, etc.)
• No reselling of your personal web page or other pages on the servers.
• No pages offering services that ACS Networks, Inc. provides (i.e.: computer repair, consulting, upgrades, classes, etc.)
• System Administrators reserve the right to review all web pages for content and/or remove said pages without warning. Explanations for removal will follow.
• No High bandwidth that would result in less enjoyment for other ACS Networks, Inc. users.
• No Copyrighted material.

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Abuse of Internet Services

Subscriber agrees to use the services provided by A.C.S. NETWORKS as permitted by applicable local, state, and federal laws. Subscriber 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.

Subscriber agrees to refrain from mass posting of the same message to many inappropriate Usenet newsgroups (spamming). Subscriber agrees to refrain from mass, unsolicited e-mailings. Subscriber agrees to post advertisements only where appropriate, and venues that specifically encourage or allow advertising. Subscriber agrees to respect the conventions of the newsgroups, lists and networks to which the subscriber is posting, including rules more restrictive but not limited to the above.

Subscriber agrees to abide by A.C.S. NETWORKS's interpretation of the above. If Subscriber needs help interpreting or applying these rules, Subscriber should ask A.C.S. NETWORKS support staff for assistance.

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Abuse of A.C.S. NETWORKS Services

Any use of A.C.S. NETWORKS system resources that disrupts the normal use of the system for other A.C.S. NETWORKS subscribers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, and staying attached to modems while not really active on the line or connecting to more than one modem at a time.

Depending on the nature and severity of the abuse, the user may receive an e-mail warning, have their processes halted or have their account suspended by A.C.S. NETWORKS Technical Support. if the misuse is unintentional, the suspension may be rescinded following discussion with A.C.S. NETWORKS Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of A.C.S. NETWORKS Technical Manager, and may require the payment of a $25.00 service reconnection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Subscribers who believe their activity has been misclassified may appeal to A.C.S. NETWORKS Technical Manager.

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Discovering and Reporting Abuse

Violations of the A.C.S. NETWORKS conditions of use are unethical and may in some cases be criminal offenses. You are expected to report to A.C.S. NETWORKS any information you may have concerning instances in which the conditions of use have been or are being violated. When A.C.S. NETWORKS becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, A.C.S. NETWORKS may suspend access of 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 the discretion of the A.C.S. NETWORKS Technical Manager, following payment of a reconnection charge.

A.C.S. NETWORKS reserves the right to monitor Subscriber's actions when this is necessary to determine whether or not Subscriber is violating the conditions of use.

Please submit all reports of suspected abuse of A.C.S. NETWORKS services to abuse@acsnet.com.

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Offensive or Adult Materials.

A.C.S. NETWORKS exercises no control over the content of materials accessed through A.C.S. NETWORKS. Some materials located on the Internet may be offensive or adult in nature. Subscribers less than 18 years of age must have a parent or legal guardian co-sign this agreement, verifying that the parent or legal guardian understands that Subscriber will have access to such materials and accepts responsibility for monitoring and/or controlling such access.

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Warranty

A.C.S. NETWORKS makes no warranties of any kind, whether expressed, or implied, for its services. A.C.S. NETWORKS specifically disclaims any implied warranties of merchantability or fitness for any particular purpose. A.C.S. NETWORKS will not be responsible for any losses or damages resulting from delays, nondeliveries, misdeliveries, service interruption, or Subscriber's errors or omissions. A.C.S. NETWORKS will not under any circumstances be responsible for consequential damages.

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Severability

If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this agreement will remain in full force, and effect.

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Effective Date

This agreement shall become effective when Subscriber's net access is enabled.

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Account Types

Basic

This account is equivalent to a Internet account, and also is limited to 25 hours a calendar month (first to last day of the month). .

Standard

This account includes a 5 megabyte disk quota, and also includes access to the INTERNET services. Full access to the Internet service is provided with this account. Access is not timed.

These accounts offer full SLIP and PPP access to the Internet from your desktop! A.C.S. NETWORKS offers the best mix of connectivity in this area available.

Rates are not guaranteed until paid, renewal rates are subject to change at anytime without prior notice.

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