101freeway TERMS AND CONDITIONS -


GENERAL

Customer's use of 101freeway network services constitutes Customer's acceptance of all Terms and Conditions of 101freewaycom. Customer is hereby defined as any person or entity utilizing any service on the 101freeway network. It is the sole responsibility of the customer to determine if the provided 101freeway access telephone number(s) will be a local telephone call for dialup connections. Customer is responsible for all phone charges incurred in connecting to 101freeway. These include local messages units that may be applied to certain measured residential and business telephone lines. Conferred rights and benefits thereof are non-transferable. Use of 101freeway network is expressly limited to Customer.

All 101freeway Internet dialup access accounts are defined as follows:

Non-Dedicated Dial-up Connection (Standard 101freeway Dial-up Account)Defined as a client based single-user attended access account. Attended access is defined as interactive use of an established Internet connection by the account holder. Interactive use requires the physical presence of the account holder; in other words, attended access. Pings, bots, and auto-checkers used to keep connections running for unattended use are prohibited. Single-user is defined as one concurrent login per access account holder. Multiple concurrent logins for a single-user account will be considered a request for an additional Internet access account and will be billed accordingly. Use of a non-dedicated dial-up connection for the purpose of running any type of Internet server (Web, Chat, FTP, etc.) or connection of a multi-user local area network (LAN) to the Internet is expressly prohibited.

Dedicated Connection:

Defined as client and/or server-based multi-user attended or unattended access account. A dedicated Internet access account connection may be utilized for the purpose of running Internet servers, such as Web, Chat, FTP, etc. Unless expressly authorized under terms of written contract, account sharing, for any type of account offered by 101freeway Internet Access is strictly prohibited and shall be cause for immediate termination of service. Discounts may be available for multiple accounts.


LIMITATION OF LIABILITY, WARRANTY, AND SUITABILITY

101freewaycom ("101freeway") exercises no control whatsoever over the content of the information passing through 101freeway. 101freeway makes no warranties of any kind, whether expressed or implied, for the service it is providing. 101freeway also disclaims any warranty of merchantability or fitness for a particular purpose. 101freeway will not be responsible for any damage you suffer from use of 101freeway. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by its own negligence or by negligence of its upstream providers or communications suppliers, your errors or omissions, or due to inadvertent release or disclosure of information sent by you. Use of any information obtained via 101freeway is at your own risk. 101freeway specifically denies any responsibility for the accuracy or quality of information obtained through its services. It is 101freeway's policy to make reasonable efforts to maintain customer confidentiality, and as such, will not to provide, sell, or in any way disclose customer information to any organization, advertiser, or third party, except when legally ordered to by an officer of the court. Notwithstanding, 101freeway disclaims any obligation or warranty to maintain the confidentiality of customer information or identity, and shall not be liable for any accidental disclosure by other services located on the internet, the customer, or any other individual or user of the internet. Customer shall assume all responsibility for taking precautions to avoid being placed on mailing lists or receiving unsolicited email ("SPAM".) 101freeway does not control or filter incoming email, and shall not be held liable or be expected to provide remedy for any incoming unsolicited bulk mail ("SPAM") originating outside 101freeway's network. Sole remedy shall be a no-charge onetime change in customers' email address, and customer agrees to pay reasonable setup fees for subsequent changes.


ACCEPTABLE USE AND RESPONSIBILITY OF CUSTOMER

101freeway may only be used for lawful purposes and with reasonable compliance to the Acceptable Use Policy. Transmission of any material in violation any U.S. or state regulation is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. You agree to indemnify and hold harmless 101freeway from any claims resulting from your use of the service, which damages you or another party. Notwithstanding the above, you agree that should we be found liable in a court of law for any action related to the use of 101freeway service that our liability shall be limited to the unused balance of your monthly payment, pro-rated to reflect your current month. You will further agree that we reserve the right to terminate further service to your organization upon notice that you have, or intend to, initiate legal proceedings against 101freeway of any kind. All 101freeway subscribers agree to use and use only the email address as confirmed at time of signup for their "Return" and/or "Reply-To" Internet email address for all communication with 101freeway such as customer support requests and billing inquiries. The use of a "fake" email address, email address belonging to another Internet user, or no email address as a "Return" and/or ";Reply-To" Internet email address is prohibited and such use shall be cause for immediate account termination. Use of 101freeway Network for bulk and/or unsolicited email, commercial or otherwise, is prohibited and shall be cause for immediate account termination. Use of 101freeway's NNTP news server for cross-posting messages to more than 10 news groups, the posting of off-topic messages to newsgroups, and/or as an advertising medium is prohibited and shall be cause for immediate account termination. The use of forged headers is prohibited. The use of the 101freeway network to gain access and transmit unsolicited bulk email through a non-101freeway server is prohibited. Termination of service and a minimum of $150/hour cleanup fee shall be imposed whenever the 101freeway network is utilized, in whole or in part, for transmission of unsolicited bulk email. Customer shall be held liable for any and all costs incurred by 101freeway as a result of customer violation of these terms and conditions; including but not limited to attorney fees and costs resulting from Postmaster responses to complaints, and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. 101freeway's current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $150 per hour, with a minimum one (1) hour charge. Newsgroup or email abuses originating from a non 101freeway account will be treated as if they originated from the customer's 101freeway account when the article or email message in question contains any references whatsoever to a 101freeway hosted web site, FTP site, email address, etc. The use of 101freeway to transmit certain kinds of information (including without limitation, computer software and other technical data) may violate export control laws and regulations of the United States, whether that information is received abroad or by foreign nationals within the United States. Since 101freeway exercises no control whatsoever over the content of information passing through 101freeway, the entire burden of complying with such laws and regulations rests with its customers. You agree to comply with such laws and regulations and to indemnify and hold 101freeway harmless from any damages it may suffer resulting from any violation of the export control laws of the United States. Any access to other networks connected to 101freeway must comply with the rules appropriate for that other network. Use of 101freeway itself may be for any lawful purpose. Use of 101freeway for commercial purposes is permitted, with the exception of sending unsolicited commercial bulk email ("SPAM") which is expressly prohibited. Personal Web Page space is offered at no additional monthly charge for Personal Internet Access Account Subscribers. This "no monthly charge storage space" is for Personal Use Accounts only and any such offers shall not apply to Business Accounts of any type. The URL for this type of page shall include the word "personal" in the path, and no exceptions shall be made. Personal Web Page traffic is limited to 100 MB per month, total of all protocols. Accounts exceeding this traffic level are considered to be "other than personal use" and will be required to obtain a Web Hosting account to continue Web Hosting service. Support for Personal web pages are limited to email, and will be answered by the Webmaster during business hours only. Free live technical support via telephone is not available for free Personal Web Pages. Personal Use Accounts receiving storage space for a Personal Web Page are subject to certain use restrictions for said personal page. A Personal page may be used for personal Internet distribution of subscriber's personal information such as: bio, resume, privately owned items for sale, hyperlinks to favorite Web locations, experimentation with HTML programming, and information to let the world know who you are and what you think. Use of a Personal Page for commercial purposes, other than for personal recommendations is discouraged. Personal Pages


LIMITED CONNECTION GUARANTEE

101freeway provides a limited connection guarantee to new customers. Due to millions of combinations of software and hardware that exist, a small percentage of computer systems are unable to run TCP/IP networking software, or have incompatible hardware, and can not connect to the internet. Customer must contact customer support during 101freeway business hours within five days of signing up, or receiving 101freeway software, whichever occurs later. If after following all instructions, customer can not connect to the Internet, the account will be cancelled and a full refund including setup fee will be made. Customer must cooperate fully with 101freeway technical Support including following all instructions. 101freeway reserves the right to inspect or observe the problem prior to granting a refund. Guarantee is void if customer uses software other than that provided or approved by 101freeway. Connection shall be considered valid if customer can connect to the 101freeway mail server and send and receive messages, and connect and "surf" on the World Wide Web.


PAYMENT TERMS AND CONDITIONS

Customer agrees to pay all charges incurred through access of customer account. The right to use the service is not transferable. Payment for all services is to be prepaid in advance. Payment is due upon receipt of invoice. Accounts are in default if payment is not received within 10 days after date of invoice. If your payment is returned to us unpaid you are immediately in default and subject to a returned check charge of $25 from 101freeway in addition to any fees charged by your bank. Accounts in default may have their service interrupted. Such interruption does not relieve you from the obligation to pay the monthly charge. Only a written request to terminate your service relieves you of your obligation to pay the monthly account charge. In order to reduce administrative costs passed onto customers, 101freeway does not mail paper invoices to individual and personal dialup customers. Customers shall receive invoices via internet email. Customer agrees to pay for service when they sign up for access either by phone, in person, or the world wide web, and furthermore agrees to pay the amount with or without an invoice. Customer is responsible for accessing their 101freeway email account to obtain their invoice in a timely fashion. 101freeway shall not be responsible for delivery to non-101freeway email accounts Customer shall retain cancelled check or credit card statement as their receipt. In the event of a cash payment, an cash receipt will be issued. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance, as allowed per California State Law. If you default, you agree to pay 101freeway reasonable expenses, including attorney and collection agency fees incurred in enforcing its rights under these Terms and Conditions. Service is invoiced monthly on the anniversary date (usually the same day of the month that you signed up on). 101freeway reserves the rights to "normalize" your account's anniversary date to the first of each month by charging a one time pro-rated monthly amount plus one full month. 101freeway billing department will notify you at least 21 days via email or partial refund of the initial month's service fee and activation (setup) fee will be given if service is canceled within the initial 30 day subscription period. Additionally, all cancellations become effective at the end of the current billing period for monthly subscribers or the end of the current billing month for quarterly subscribers, provided cancellation notice is given at least 30 days in advance in writing. There are no refunds issue for a partial period of service. Customers who sign up and commit for a minimum of six months or more and receive a waiver of setup fee agree to pay a setup fee if cancellation is made prior to the commitment term. Any refunded amount will be limited to the original amount paid, less the pro rated amount of used full months service and the standard setup fee. Customer shall be responsible for delivering a completed cancellation form, located at http://www.101freeway.com/changeservice.html, by mail, fax, or in person in order to officially notify 101freeway of intent to discontinue service. 101freeway assumes no responsibility for lost cancellation notices not mailed in writing. Cancellation will be accepted only from the person named on the account. Customer agrees that upon cancellation, customer will cease using the 101freeway network. Use of the 101freeway network after effective date of cancellation shall automatically void customers cancellation notice, and payment shall become due. 101freeway may provide IP (Internet Protocol) addresses for certain types of service. These addresses are not transferable if you go to another Internet Service Provider. 101freeway reserves the right to renumber its servers or clients at any time without prior notice. This is essential to the efficient operation of the Internet, and is in no way a business function of 101freeway that can be avoided due to the nature of the Internet.

REFERRAL POLICY

101freeway offers its customers one free month of service for each paid subscription for referring friends or family, with the following limitations and exclusions. Qualifying ADSL customers will receive their ISP portion of their bill discounted, and not any charges (such as telco charges). Referrals may not be applied to special or discount offers such as those offered to the public at trade shows. Referred customer must pay initial setup fee and one-month service, or six months or more with no setup fee, at full price, before credit will be applied to referring customer accounts. Upon receipt of payment, credit will be applied to referring customers account thirty days after customer's next anniversary date. Credit is for future month's service, and has no cash value. Referrals may not be used to reduce existing balance or cure past due accounts, and can not be used to restore service turned off for non-payment. Referral credit is non-transferable. Only one credit for each paying customer shall be issued. Pyramiding, "spiking" or other practices are prohibited. In the event a referral is disputed among one or more customers, 101freeway shall make sole determination of the disposition of the referral, and reserves the right to withdraw referral credit for any account without notice. Customer is responsible to notify 101freeway billing of referral for proper credit, and while customers are asked if they were referred by an existing customer, customer acknowledges 101freeway is not responsible for omissions or wrong information provided at time of new signup. Request or notification for referral must be made within 45 days of signup.

101freeway PROVIDED SOFTWARE

101freeway may provide certain end-user software to facilitate your use of 101freeway. Such software and any related documentation ("Licensed Program") are owned and copyrighted by 101freeway and/or third party such as Microsoft and Netscape. You may not use, copy, modify, reverse engineer, sell, lease, sublease, or otherwise transfer the Licensed Program, or any copy or modification, in whole or in part, except as expressly provided hereunder. Under the terms of this license, you are given a personal, non-exclusive license to use the Licensed Program only in connection with your authorized use of 101freeway pursuant to a valid agreement for services from 101freeway ("Service Agreement") which has not been terminated. You may transfer copies of the Licensed Program to any potential user of 101freeway, provided that such user agrees to be bound by the provisions hereof and only utilizes the Licensed Program while such user has in effect a valid Service Agreement with 101freeway. 101freeway shall provide you with free updates of the Licensed Program, if any, as are generally provided by 101freeway to 101freeway customers for so long as your Service Agreement remains in effect. Such updates shall be provided via modem. You agree to allow 101freeway to provide such updates to the Licensed Program via modem and at all times to use the most current version of the licensed program as supplied to you by 101freeway.

THE LICENSED PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 101freeway SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, NOR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF 101freeway HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This license will automatically terminate if you fail to comply with any term or condition of this agreement, or in the event of termination of your service agreement with 101freeway. You agree upon such termination to return the Licensed program or destroy it, along with any backup or other copies in your possession. These Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Connection to and/or use of 101freeway constitutes acceptance of these Terms and Conditions. These Terms and Conditions may be modified by 101freeway upon 30 days prior written notice to you. Continued use of 101freeway following such modifications constitutes acceptance of these Terms and Conditions, as modified. All individuals accessing 101freeway represent to 101freeway that they are 18 years of age or older. If under 18 years of age, such individual is not permitted to access 101freeway unless the express written agreement of such individual's parent or legal guardian has been furnished to 101freeway. Certain material available through 101freeway may not be suitable for individuals under the age of 18.