Read this document carefully.
By using a NetK2NE Account you agree to each and every term that follows.

Our personal SLIP/PPP un-metered accounts are for interactive use. Running server software such as ftp or web-site servers, or the use of email-checkers, ping-daemons, or any other software or procedure the sole reason for which is to keep a connection alive in the absence of actual live interactive use of the connection is a violation of our usage policy and will result in the automatic upgrade of the customer account to dedicated SLIP/PPP status. Such an upgrade shall affect the entire term of the account, and not just the remaining time, and will, if necessary, result in back-billing for prior months' payment deficiency(s).

Dialup account holders may not be logged in on more than one modem at a time unless a multiple-use account is purchased. This does not apply to ISDN "channel-bonding" users. Holders of accounts with more than one email address are still bound by this restriction.

Users are not permitted to store email on our server(s) once that email has been read. It is your responsibility to properly configure any email software you use so that it does not "leave messages on the server after downloading" (or however your software states the issue). Also, any email files in our email "spooling" area that exceed two megabytes which have not been utilized within the previous forty eight hours are subject to deletion without notice by our automated UNIX processes. It is strongly recommended that you not use email as a method of exchanging binary files since these files tend to be large and might be deleted before you get to them should you neglect to read your email for a day or so. If you are going to be away from home for a period of time and unable to reach the network, please let us know so that isolated exceptions to our storage policy can be made. There is no charge for non-abusive exceptions which we will make in order to accomodate your travel plans.

Payment to renew any account is due on the last day of the month in which the account expires. Payment is to be by check or money order drawn to the order of NetK2NE. Do not send cash through the mail!

Accounts may be suspended at any time if payment is not received when due.

Inactive accounts more than ten days past due will be cancelled. An account is considered to be inactive if no access has been made to the account or to any of the services we provide to or for your account by any means (dial-in, over the internet, through another user's account, etc.). Specifically, "checking your email" constitutes use of the account regardless of how you access your email-box(es) here.

Use of any account past its expiration date will constitute automatic renewal of that account for a time-period equal to the expired term. Payment in full, should this occur, will be immediately due.

If an account is cancelled for nonpayment, there will be a $25.00 charge for account reinstatement.

If your bank refuses to honor your check for any reason, there will be a $25.00 charge to cover our administrative expense. NetK2NE reserves the right to require payment in advance by certified funds from any customer whose payment has been dishonored by the bank.

If we have to hire a collection agency or a lawyer in order to collect money owed to us by you, any costs (including collection fees, attorney bills, court costs, etc.) that we have to pay will be added to the amount you owe and will be collected from you.

Account modifications or cancellations must be in writing and signed by the account-holder of record. Fax, voice-telephone, or electronic mail requests will not be accepted. Please note that an early termination surcharge equal to ten percent of the subscription full-term payment will be applied to any account cancelled prior to full term. This surcharge will not be applied to active duty military personnel cancelling because of Permanent Change of Station (PCS) orders unless it is determined that the new duty location falls within local calling range of one or more of our dialup networking points-of-presence at the time the PCS order is issued.

No account modification(s) of any type will be processed if money is owed on the account for any reason at the time the modification request is received at our office as stipulated in the previous paragraph, unless the modification request is accompanied by payment sufficient to bring the account to a "paid in full" status. If the account is more than 15 days in arrears, such payment must be in cash or certified funds if you want the account modification to be done "on receipt of payment." Otherwise we may, at our option, impose a waiting-period of up to four weeks to allow uncollected funds to clear the bank.

NetK2NE reserves the right to cancel any account for any reason. Please note that the following four enumerated paragraphs apply to all NetK2NE Customer Accounts, personal and/or commercial.

1. Specifically, it is our policy to cancel an account for the practice commonly known as "spam." "Spam" includes (but is not necessarily limited to) mailing unsolicited commercial material; abusive posting and/or crossposting to usenet newsgroups or mailing lists; posting of articles to usenet newsgroups that do not conform to the stated purpose of the newsgroup(s) involved as stated in their respective charter(s); the posting of email intended to annoy, threaten or harrass others, whether they are NetK2NE customers or not. An account cancelled for an infraction of this nature will not be entitled to a refund.

2. It is also our policy to cancel the account of any customer that engages in any activity which jeopardizes system security and/or integrity by actions which encourage NetK2NE [or any of our customers], directly or indirectly, to be the victim of any sort of denial of service attack, including but not limited to ping flooding, SYN flooding, mail-bombing, or any other activity of a similar nature. An account cancelled for an infraction of this nature will not be entitled to a refund, and the person(s) or entity(s) involved will be reported, when applicable, to the appropriate law enforcement personnel for criminal prosecution.

3. Any customer violating our anti-spam policy, or engaging in an activity which results, directly or indirectly, in our network [or the network(s), interfaces, co-located devices, or virtual sites of any of our customers] being jeopardized by any type of denial of service attack of any sort, will be billed at the rate of $200.00 per hour for any work incurred by our support, helpdesk, or system administration personnel as a result of said customer activity. There will be no exceptions, and it is our policy in such instances to employ aggressive collection procedures, including litigation if required.

4. It is our policy to cancel the account of any customer aiding, abetting, or actually participating in any sort of online activity which violates any local, state, or Federal law. Any account cancelled for this reason will be without refund. It is our policy to cooperate with law enforcment in any investigation of a computer crime; however if we are asked to divulge customer information to law enforcement agencies or law enforcement personnel during the course of such an investigation, we will not do so until or unless a subpoena or court order is presented from a court of competent jurisdiction compelling us to disclose such information.

If an account is cancelled, whether by you or by us, a refund for services will be provided based on time used, calculated at our normal monthly rate (for each month or partial month) for the account in question. All cancellations initiated by a customer will take effect on the last day of the month in which the cancellation is received by us.

NetK2NE is not responsibile for intermittent unavailability of service to or from NetK2NE and/or the Internet. We do not warrant any information you may obtain from the Internet in any way whatsoever, and specifically we do not warrant any information you may obtain from the Internet under any claim of breach of Warranty of Fitness for a Specific Purpose or Warranty of Merchantability. NetK2NE does not guarantee any minimum connection speed over a dialup networking connection. Also, NetK2NE does not guarantee that your phone-call to our point(s)-of-presence will always be a local call. It is your responsibility to determine the cost of your own telephone usage. NetK2NE does not offer specific support for any computer or operating system. While we will endeavor to assist you in getting online, the ultimate responsibility for learning how to use the Internet lies with you.

If you are active duty military, please contact our office for full information on our TDY policy.

These terms may not necessarily apply to commercial accounts. If you have a written commercial services contract, or a letter of intent with us, your written arrangement governs. If you have any other question concerning commercial accounts, please call our office.

[Note: This Document (c)opyright 1995/6 by Vincent A. Quaresima. Use of this document, in whole or in part, without explicit written permission is a violation of the Copyright laws of the United States.]