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Terms of Service

Section One

Payment For Service

1. Subscriber shall pay any setup charges and any one-time fees and the first period of service concurrent with the execution of this Agreement and prior to installation of service. Subscriber shall pay, when invoiced, any costs or fees billed by Provider to Subscriber for additional services or merchandise provided. Bandwidth and usage charges will be billed for the thirty (30) days preceding the invoice date based on the previous thirty (30) day's usage. Subscribers will pay for all costs associated with the use of their accounts, whether authorized or not.
2. Payments to Provider are nonrefundable. No refunds shall be given for cancelled accounts, returned merchandise, or installation fees unless the account, merchandise or installation was clearly defective and nonworking. Cancellations of accounts must be made by e-mail, U.S. Mail, or facsimile and shall terminate at the end of the account period.
3. If Subscriber gives his credit card number to the Provider, the Subscriber understands the charges will be billed to the credit card each month for the basic months service fee. The credit card will only be used monthly if the Subscriber indicates this at the time of signing up. The Providers monthly service fee is based on the sign-up date of the Subscriber and will be billed each month thereafter during the term of this Agreement. The Subscriber understands that all charges are valid unless disputed in writing within thirty (30) days of the invoice date. All invoices are due and payable each month on the anniversary date of the Subscriber first using the Internet accessed through the Provider. If not paid by the due date a Two Dollar ($2.00) services charge will be assessed. The Subscriber understands and agrees that the Provider shall not be responsible for any charges or expenses that the Subscriber may incur resulting from overdrawing the Subscribers bank account or exceeding his credit limit as a result of an automatic charge generated by the Provider pursuant to this authority.
4. If the Subscriber has elected to pay for basic service through a prepayment plan, the Subscriber understands that the automatic billing described in Paragraph C above shall only apply to services, charges, and expenses that are not paid for through the prepayment plan.

SECTION TWO

Customer Provides Own Equipment

The Subscriber is responsible for providing any and all equipment and services needed to access the Provider system.

SECTION THREE

Appropriate Use Policy

1. Becoming a Subscriber or user of Provider constitutes an agreement to abide by this Service Agreement and the acceptable use policies set out in this section. All references to Provider in this Service Agreement include Provider system, network, and its employees. All references to "Subscriber" include and party authorized under the Service Agreement.
2. Subscriber may not use the Provider system and services in any way that violates United States federal, state local, or international law or the rights of others. This prohibits, but is not limited to, any actions of Subscriber which are threatening, obscene or defamatory, which violate trade secret, copyright, trademark, or patent rights, which violates rights of privacy or publicity, which result in the spread of computer viruses or other damaging programs or data files, or which violate an export restrictions (including making non-exportable information or software available to foreign nationals as may be prohibited by law). Provider will cooperate fully with law enforcement agencies if criminal activity is suspected.
3. Subscriber shall obey any acceptable use policies for sites, newsgroups, mailing lists, etc. accessed via the Provider System or network. Subscriber shall not probe, monitor, breach the security of, or otherwise interfere with any host, network, or system without the explicit authorization of the administration(s) of the host, network, or system.
4. Subscriber shall not forge, conceal, disguise, or otherwise attempt to alter the identifying characteristics of electronic transmissions originating from their account(s).
5. Subscriber may not send unsolicited bulk e-mail. As a guideline, mailing more than twenty(20) messages simultaneously will be considered an unacceptable transmission which may result in termination of Subscriber's account. Any actions which Provider, at its sole discretion, believes to be an attempt to circumvent the intent of this prohibition shall be treated as a violation of these provisions. Such transmissions and the fallout from such transmissions cause significant damage to Provider in terms of resources and staff time as well as reputational damage. Such damages are difficult to calculate in a precise amount. Should Subscriber distribute such e-mail or messages, Subscriber agrees that in addition to any remedies provided under this Agreement, Subscriber shall be liable to Provider for Twenty-five Thousand dollars ($25,000) as liquidated damages. Should actual damages be ascertainable in excess of Twenty-five Thousand Dollars ($25,000), Subscriber will be liable for the actual damages. Subscriber shall also be liable for costs and attorney's fees incurred collecting any such damages from Subscriber. Furthermore, should Subscriber contract for bulk e-mail or message posting services to advertise a service or Web site offered by Subscriber through Provider's system or network, Subscriber shall be treated under this Section as if Subscriber personally sent such e-mail or posts through the Provider's system or network.
6. If Provider finds or suspects, in its sole discretion, Subscriber is in violation of any rules set out in this Section as an acceptable use policy, Subscriber's account may be immediately restricted, suspended or permanently be canceled.
7. Provider reserves the right to modify the rules at any time by publishing such modifications over the service and sending notices to each subscriber and user or by posting changes to the Provider Web site.
8. Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law.
9. Impersonate any person or entity, including but not limited to, a Provider official or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity.
10. Employ misleading e-mail addresses or falsify information in the header, footer, return path, or any party of any communication, including e-mails, transmitted through the network of Provider.
11. Upload, post, e-mail, otherwise transmit or post links to any content that you do not have a right to transmit under any law or regulation or under contractual of fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
12. Upload, post, e-mail, or otherwise transmit, or post links to any content that facilitates hacking.
13. Upload, post, e-mail, or otherwise transmit, or post links to any content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
    1. making available copyrighted software or other content that has had the copyright protection removed;
    2. making available serial numbers for software that can be used to illegally validate or register software;
    3. making available tools that can be used for no purpose other than for "cracking" software or other copyrighted content;
    4. making available any software files for which the user does not own the copyright or have the legal right to make available.
14. Upload, post, e-mail, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas that are designated for such purposes.
15. Upload, post, e-mail, otherwise transmit, or post links to any material that contains viruses, worms, trojan horses, time bombs, trap doors, or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the network of Provider.
16. Upload, post, e-mail, otherwise transmit or post links to any content, or select any member or username or e-mail address, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
17. Upload, post, e-mail, otherwise transmit or post links to any content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
18. Upload, post, e-mail, otherwise transmit or post links to any content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
19. Harm minors in any way.
20. Make any sexual request on behalf of a minor or make any sexual request of a minor.
21. "Stalk" or otherwise harass another.
22. Collect or store personally identifying information about other users for commercial or unlawful purposes.
23. Upload, post, e-mail or otherwise transmit or post links to any material, or act in any manner, that is offensive to these stipulations or acceptable use.

Section Four

Appropriate Use of Connection

Subscribers are explicitly not permitted to set up Internet hosts or daemons on their computer(s) through their accounts with Provider. Untimed dialup account holders are not permitted to share or otherwise let others use their accounts in any way. An untimed dialup account is not a dedicated account and shall not be configured to become or otherwise act in any way like a dedicated account. Subscribers are instructed to disconnect from the Internet when not actively using it for more than twenty (20) minutes at any time. Subscribers may not be connected more than eight (8) hours in a row. Interpretation of this clause is at the sole discretion of Provider's employees.

Section Five

Termination for Improper Use

Infractions of this agreement or the acceptable use policies set forth in this Agreement by Subscriber can result in immediate deletion of accounts without reimbursement. Provider may make exceptions in the case of individual abusive users of business accounts. This decision is left entirely to the discretion of Provider's employees.

Section Six

Modification of Service

Provider reserves the right to modify, add, or remove all services and features of the system at any time. Current subscribers will receive adequate notice of such changes.

Section Seven

Disclaimer of Warranties

PROVIDER DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE SERVICES TO BE PROVIDED BY PROVIDER UNDER THIS AGREEMENT.

Section Eight

Disavowal of Liability

Under no circumstances, shall Provider or anyone else involved in administering, distributing or providing Provider services, be liable for any indirect, incidental, special or consequential damages, including, without limitation, loss of revenues or lost profits, or damages that result from the use of or inability to use Provider's services, mistakes, omissions, interruptions, deletion of files or e-mail errors, defects, viruses, delays in operation or transmission, failure of performance, theft, destruction or unauthorized access to Provider's records, programs or services, even if Provider has been advised of the possibility of such losses. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, Provider liability is limited to the greatest extent permitted by law. In no event shall Provider's liability to Subscriber exceed the aggregate amounts paid by Subscriber to Provider for Provider's services during the previous six months.

Section Nine

Indemnification

Subscriber agrees that it shall indemnify, defend and hold harmless Provider and its officers, directors, employees, agents and shareholders from and against any costs, expenses (including, among other expenses, reasonable attorney's fees and expenses), losses, damages (specifically excluding consequential, exemplary, special, indirect or punitive damages), suits, claims, or liability incurred and arising from or relating to Subscriber's use of Provider's services.

Section Ten

Termination of Service

1. Provider has the right to instantly cancel with or without warning all unpaid or not fully paid subscriptions. Any remaining unpaid subscription dues will be billed to the Subscriber including extra fees for bounced checks. Bill unpaid more than thirty (30) days may be sent to a third party for collection and may incur a collection fee.
2. In the event of account termination or cancellation, the Subscriber will have five (5) business days to access an remaining materials stored with Provider. Provider will forward e-mail free of charge for thirty (30) days.

Section Eleven

Assignment

Subscriber shall not sell, transfer or assign this Agreement without the prior written consent of Provider. Any unauthorized transfer or assignment shall be null and void; provided, however, that any such assignment shall not relieve the Subscriber of its obligations under this Agreement.

Section Twelve

Modification

This Agreement represents the complete agreement between Provider and the Subscriber with respect to the subject matter of this Agreement. The Subscriber understands and agrees that the Provider may amend or modify this Agreement or impose new conditions at any time. Any use of the Provider services shall be deemed to constitute acceptance by the Subscriber of the then-current Service Agreement (including any amendments, modifications, or new conditions) as published and made available on our home page at www.MidwayNet.net.

Section Thirteen

Governing Law

Interpretation and enforcement of this Agreement shall be governed by the laws of the State of Indiana. Subscriber consents to jurisdiction in the federal and state courts within Jasper County, Indiana for any action arising out of or relating to Subscriber's use of Provider's services. The federal and state courts of Jasper County, Indiana shall have exclusive jurisdiction over all such actions. If any provision of this Agreement shall be held invalid or unenforceable in whole or in part for any reason, such provision shall be ineffective to the extent of such invalidity or unenforceability without any manner affecting the validity or enforceability of any of the remaining provisions of this Agreement.

Section Fourteen

Attorney Fees and Costs

In any action brought under this Agreement, the prevailing party shall be entitled to recover its actual costs and attorney and all other litigation costs, including expert witness fees, and all actual attorney fees and litigation costs incurred in connection with the enforcement of a judgment arising from such action or proceeding. The provisions of the preceding sentence shall be severable from the provisions of this Agreement and shall survive the entry of any such judgment.

Section Fifteen

Entire Agreement

The Subscriber understands that the use of the Internet, access through the Provider, constitutes acceptance of this Agreement, whether or not signed by the Subscriber. The parties acknowledge that this Agreement and any modifications to this Agreement, constitutes the complete Agreement regarding this subject, and supersedes any prior oral or written communications relating to this subject.

By signing-up with our service you agree to the terms of this Service Agreement.