CWNet, Inc. Terms of Acceptable Use

General.

CWNet, Inc., (“CWNet”) provides its services to you, subject to the following Terms of Acceptable Use (“TAU”), which may be updated by CWNET from time to time without notice to you. In addition, when using any of CWNet’s services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. You are expected to read and understand the terms and conditions set forth herein, in addition to any terms and conditions which may be posted with respect to any of CWNet’s services.

CWNet provides (or in the future may provide) users with an extensive range of managed Internet connectivity services and access to numerous resources including communication tools, links to news and shopping sites run by third parties, forums, shopping services, personalized content, connectivity and authentication to the Internet, web hosting, file transfer, internetworking, advertisements for third parties, network configuration, billing, consulting, technical support, troubleshooting, and such other and further services that may be added from time to time (the “Services”).

1. CW Net, Inc. Digital Subscriber Line (DSL) Customer

I fully understand and agree to the provisions stipulated herein.  I authorize CW Net, Inc., Inc. to coordinate the installation of a Digital Subscriber Line (DSL) to the address indicated at signup.  I also understand and agree to charges and fees stipulated.  I also understand and agree to the service being offered and provided under this contract. I understand and agree that the terms of the DSL contract will remain in effect for one year, beginning on five (5) calendar days after the Self-Installation Kit ships, or CW Net, Inc. detects traffic on the DSL circuits at the address specified on the contract and ending one year later.  I also understand that I will have 21 days from the start date to cancel this service without incurring a penalty.  However, also I understand that if I cancel after the initial 30-day period and prior to the ending date identified above or if I cannot continue to maintain the monthly charges and fees set forth in this agreement, I will incur a $200 cancellation fee. I understand that the estimated date for installation will be approximately 30 days following signup, but may take up to 15 working days beyond this projection. If I opt for professional installation, I understand that I will be charged $200 and must provide access to my residence.  I will be notified by CW Net, Inc., Inc. of the date.  I understand that I will be charged $100 if I miss the scheduled appointment. An installation appointment may be cancelled or re-scheduled with a two-business days notification prior to the scheduled date.  I understand that the technician dispatched will not be authorized to perform setup or other services on any equipment other than that provided by CW Net, Inc.  If equipment other than what is provided by CW Net, Inc. is used, I understand that CW Net, Inc. has no responsibility with regard to its performance, maintenance, setup, or function.

Self Installation means that the End User is responsible for performing all installation activities at the End User's premises. CWNet will confirm the shipment of the DSL equipment in a Self-install Kit to the End User. The Self-installation Service is considered complete and billing will begin upon the earlier to occur of the following:
1. When it can be verified that the End User Circuit passes traffic, or
2. When the networking elements have been provisioned, or
3 When it has been confirmed with the Local Exchange Carrier the set up of the End User's telephone circuit for line shared data services, or
4. At least 5 calendar days have elapsed since the shipment of the Self Install Kit
CWnet does not guarantee that every request for a Self-installaton wil be able to be completed by the End User without on-site assistance. If End User requests a Professional Installation after attempting a Self Installation, the end user agrees to pay the fees for such assistance, including, without limitation, fees for Missed Appointments as specified by CWNet.


Limitations of Liability. In no event will CW Net, Inc., Inc be liable to customer, any end-user, or any third party for any claims arising out of or related to customer’s business, customers relationship with its end-users, or otherwise.  CW Net, Inc., Inc shall not be liable for any damages associated with the interruption or loss of use of services, even if advised of the possibility of such damages. CW Net, Inc., Inc maximum aggregate liability to customer related to a claim arising under this agreement, under any contract, negligence, strict liability or other theory, will be limited to the total amount paid by customer to CW Net, Inc., Inc. for the services giving rise to such claim in the six (6) months prior to the occurrence of such claim. neither party will be liable under any contract, negligence, strict liability or other theory for any lost revenue, lost profits, incidental, punitive, indirect or consequential damages with respect to any subject matter of this agreement.

Warranty Disclaimer.  The services, customer circuits, and end-user circuits, and all other products and services hereunder are provided on an “as is” basis, and customer’s and end user’s use thereof is at its own risk. CW Net, Inc., Inc. does not make, and hereby disclaims, any and all other express and implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, noninfringement and title, and any warranties arising from a course of dealing, usage, or trade practice. CW Net, Inc., Inc. does not warrant that the services, customer circuits, and end-user circuits will perform at a particular speed, or will be uninterrupted, error-free, or completely secure.

I understand that charges to my account will continue, whether or not I accesses the net,  until such time I close the account by submitting a statement in writing (e-mail, fax, letter) to Communications World Network (CW Net, Inc.). I also understand that I will not receive any refund for pre-paid portions of my internet service.  I will read the entire CW Net, Inc. Acceptable Use Policy (also viewable from the CW Net, Inc. home page) and will comply with all stated provisions.

I understand that services do not include 911 or other emergency and ancillary services conventionally available from incumbent local phone companies.

2. Local Modem Dialup Access.

Although CWNet will provide you with Internet access telephone numbers believed to be local to a given area code and prefix, CWNet cannot guarantee that the dialup number provided is in fact local. Therefore, it is your responsibility to verify that any access number provided by CWNet is local to your calling area. CWNet is not responsible for any toll charges you incur accessing the Internet.

3. User Conduct.

You are responsible for any and all information, data, text, software, music, sound, photographs, graphics, videos or other material (“Content”) that you upload, post, email, transmit or otherwise make available. CWNet does not control the Content posted via the Services and, as such, does not guarantee the accuracy, quality, or integrity of such Content. Under no circumstances will CWNet be liable in any way for any Content, including, but not limited to, errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content made available in any way via the Service.

You agree not to use the Service to: upload, post, email, transmit or otherwise make available any Content that is unlawful, threatening, abusive, defamatory, harassing, tortuous, obscene, or libelous; harm minors in any way; upload, post, email transmit or otherwise make available any Content that infringes any patent, copyright, trademark, trade secret or other intellectual property of any other party; interfere with or disrupt the functionality of any computer hardware, software or system, or telecommunications equipment through any material that contains a computer or software virus; intentionally or unintentionally violate any applicable local, state, federal or international law; impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity through any means, including but not limited to forging e-mail headers, forging return e-mail addresses, or otherwise hiding the actual identity of the sender; send spam, send unsolicited bulk/commercial e-mail, distribute unsolicited advertisements or forward chain letters.

CWNET TAKES CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT AND INCIDENTS OF EMAIL SPAM AND USENET SPAM VERY SERIOUSLY.

You acknowledge that CWNet does not pre-screen Content, but that it shall have the right (but not the obligation) in its sole discretion to refuse or move any Content that is available via the Services. Without limiting the foregoing, CWNet shall have the right to remove any Content that violates the TAU or is otherwise objectionable. You agree that you must bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge and agree that CWNet may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TAU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of CWNet, its users and the public.

4. Legal use of computer systems

The Services are only to be accessed and used by those authorized to do so. You agree not to reproduce, duplicate, copy, sell, resell, rent, timeshare or otherwise exploit for commercial purposes, any portion of the Services, use of the Services or access to the Services.

5. Proprietary Rights.

Users of the Services acknowledge that Internet content presented through the Services may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Such materials may not be used, copied, reproduced, transmitted, distributed, or used to create derivative works without the authorization of the owner of such proprietary right or as otherwise allowed by law.

CWNet expects its users to respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide CWNet’s Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. CWNet's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

Mail:

CWNet, Inc.

P. O. Box 160

Folsom, CA 95763-0160

FAX: 916-853-9805

6. Rights of CWNet

CWNet may terminate a users access to any of the Services at any time in CWNet’s sole discretion. CWNet has the right to charge an individual or organization for Services rendered if CWNet has determined that the individual or organization has knowingly used the Services without the express permission of CWNet. This includes, but is not limited to, network bandwidth, modem usage, system usage, disk storage, employee compensation to investigate or intervene, and any associated downtime caused by abuse of CWNet's Services.

7. Individual Services. CWNet may increase rates and add or delete service to or from the Services without notice. CWNet prices may vary throughout its service area.

(a) E-mail

You acknowledge that CWNet may establish general principals and limits concerning use of the Services, including without limitation the maximum number of e-mail messages that may be sent to or from any account of the Services per day, the maximum number of days that e-mail messages or other posting will be retained by the Services, the maximum size of any e-mail message that may be sent from or received by an account on the Services, the maximum amount of disk space that will be allotted to you on CWNet’s servers and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. Presently, you are entitled to use the Services within reasonable limits. Reasonable limits include sending no more than about 100 e-mails per day, and not totaling more than about 20 megabytes per day.

You agree that CWNet has no responsibility or liability for the deletion or failure to store any messages, other communications or other Content maintained or transmitted by the Services. You acknowledge that CWNet reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that CWNet reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

(b) Personal Web Pages

Users are allowed to publish personal web pages for public access, within reasonable boundaries of decency and in compliance with all local, state and federal laws. Users may not publish personal web pages which require any form of pre-payment, or password authentication for access without the permission of CWNet. Personal web-pages are not intended for commercial purposes. A user's personal web page should not generate network traffic of more than 300 Megabytes per month. A user will automatically be charged $1.00 for each 10 Megabytes over the 300 Megabyte monthly limit. The amount of total disk space used by a user may not exceed 50 Megabytes (Web Page, e-mail, FTP, etc.). Exceeding this limit will result in your account being charged $.50 per additional megabyte per month. CWNet makes no guarantees as to the appropriateness of personal web-pages for any specific purpose. These pages are provided as a service to users for their own purposes, and CWNet cannot be held responsible for inaccurate information, discrepancies, indecency, illegality, obscenity, or any personal views expressed on the user’s web page(s). Service and conditions may change without notice.

(c) Business Web Pages

Business users are given space on one of the business servers for mail, database, and/or web page storage, FTP, etc. Disk space and site access traffic available for these purposes is specified according to the subscribed plan. Exceeding these limits will result in your account being charged at the rate of $.50 per megabyte per month for additional disk space and $1.00 per 1 gigabyte beyond the limit established by the plan. All Business Web Pages must comply with all applicable local, state and federal laws.

(d) Dialups

The modems CWNet uses to serve its users are not an unlimited resource. Users may only use one dialup connection per account at a time. If multiple modem logins for the same account occur, those connections will be reset within 10 minutes, and an e-mail will be sent to that particular user describing the duplicate logins. It is the user's responsibility to ensure that their dialup account is used in this appropriate manner.

(e) Line Conditions.

Environmental conditions and other random factors may affect connection speeds and integrity of the connection of your modem to ours. If conditions are preventing a reliable connection, it is best to wait 30 to 60 minutes and try again. If your phone line is shared with other computers or phones, make sure the other items on that line are not trying to pick up the line. CWNet provides ITU v.90 Service but cannot guarantee that the individual user will connect at these speeds because of the widely varying line conditions. Most of the recently released v.90-capable modems (using the new ITU standard for 56kbps) should be able to connect to our modem servers at the higher speeds, line conditions permitting.

(f) Unix Shell Server.

The CWNet shell server is available for a charge. Programs and services available on the shell server include, but are not limited to: IRC, FTP, c and c++ compilers, perl, tcl, and expect interpreters, telnet, ssh, email, text-based web browser, text editors and conversion utilities, and file sharing (“Shell Services”). All these are covered under the same rules as above in addition to the following:

Users may not abuse the Shell Services or the system itself in a way that may cause damage to the system or data contained on the system, or which may affect performance of the system or any of the Shell Services the system runs. This includes reasonable memory, disk, and processor usage. Disk usage will be limited to 20 Megabytes on a long-term basis, or 50 Megabytes for periods of no longer than 24 hours.

Users may not use the Shell Services to harass other users of the system or users of any other system, either within CWNet, or indirectly connected via any other Internet Service Provider (“ISP”) or organization connected to the Internet.

While using the CWNet shell server to access any outside ISP or organization's Services, users must also abide by and respect all rules and laws of that organization and its locality.

Unacceptable use of the shell server and the Shell Services consists of, but are not limited to, the following: denial-of-service attacks, 'pingflooding', 'SYN- flooding', e-mail harassment or bombing, IRC harassment (*1), running IRC bots, sharing an account with a non-CWNet user, causing or allowing to cause access to the shell server by any unauthorized individual with intent to use the Services or Shell Services, e-mail harassment, spamming, mailbombing, and causing or allowing access to any other service of any organization without authorization and with intent to cause damage or to gain access beyond that allowed by the organization.

Harassment of any other users or abuse of services on IRC, whether from your dialup account or from the shell server is prohibited. Abusive activities on IRC include, but are not limited to, flooding, spamming (advertising services or products that don't pertain to the people or channels advertised to), abusive behavior or harassment towards other members of IRC, taking over IRC channels or nicks, attacking IRC servers, and willfully impersonating another user of IRC to gain operator status or other privileges meant for another user.

8. Links.

The Services may include, or third parties may provide, links to other World Wide Web sites or resources. Because CWNet has no control over such sites and resources, you acknowledge and agree that CWNet is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CWNet shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

9. Cancellation.

No reimbursement will be given to a user for any unused portions of pre-paid Internet Service. A user will continue to be charged for their subscribed Services until such time as CWNet receives a request in writing (e-mail, letter, FAX) to close the users account. The request may be sent to CWNet as follows:

Mail:

CWNet, Inc.

P. O. Box 160

Folsom, CA 95763-0160

FAX: 916-853-9805

10. LIMITATION OF LIABILITY

IN NO EVENT WILL CWNET BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL OR INDIRECT DAMAGES ARISING FROM THE USE OF THE SERVICES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY EVEN IF CWNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11. NO WARRANTY

CWNET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SERVICES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES IS WITH YOU. IN NO EVENT WILL CWNET BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE CWNET SERVICES.

12. Disclaimer.

CWNet provides a gateway to the Internet. CWNet is not responsible for the content, appropriateness or accuracy of the materials you may encounter on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. CWNet has no control over and accepts no responsibility for such materials. You assume full responsibility and the risk of use of the Services and the Internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided though the Service or the Internet. You are responsible for evaluating the appropriateness of Internet content that you or your family may view. The Services are provided on an "as is" and "as available" basis without any express guarantee or assurance of quality, reliability or functionality. CWNet does not warrant that the services will be uninterrupted, error-free, or free from viruses or other harmful components.

13. Software License.

You are allowed and encouraged to give your CWNet sign-up CD to anyone so they may establish a paying account with CWNet. CWNet grants to each customer a limited and nonexclusive License to install and use the CWNet access software (including software from third-party vendors that CWNet distributes: in object code format), its associated documentation, and any updates thereto ("Access Software") in order to access and utilize CWNet Services and for no other purpose. CWNet may modify the Access Software at any time, for any reason, and without providing notice of such modification to a customer.

The Access Software constitutes confidential and proprietary information of CWNet and embodies trade secrets and intellectual property rights protected under United States copyright laws, other laws, and international treaty provisions. All rights, title, and interest in and to the Access Software, including associated intellectual property rights, are and shall remain property of CWNet. By installing the Access Software on your computer, you agree to the terms and conditions of this TAU. In addition you agree not to translate, decompile, reverse engineer, the Access Software or any part thereof. By installing or downloading the Access Software, you represent and warrant that you are not located in, under the control of or a national resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

14. Indemnification.

You agree to indemnify, defend and hold CWNet, its parents, subsidiaries, affiliates, officers, directors, employees and agents, harmless from any claim, suit, demand, cost or expense (including reasonable attorney's fees) due to or arising out of your use of the Services, connection to the Services, violation of the terms, conditions and policies set forth herein, or violation of any rights of another.

15. Your Rights as a Customer of CWNet.

As a user of the Services, you have specific rights that we try to honor.

CWNet will not release any users personal information to any outside organization for any reason unless requested by you or compelled by a court order.

16. Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services,and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that CWNet shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

The TAU constitutes the entire agreement between you and CWNet and governs your use of the Services, superceding any prior agreements between you and CWNet. The TAU and the relationship between you and CWNet shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and CWNet agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Sacramento, California. The failure of CWNet to exercise or enforce any right or provision of the TAU shall not constitute a waiver of such right or provision. If any provision of the TAU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TAU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Last update: Feb 20, 2003

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