VFR Internet Internet Service for All of California

INTERNET SERVICES TERMS AND CONDITIONS

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   VFR Internet, a California Limited Liability Corporation, doing business as VFR Internet  (hereinafter "VFR"), agrees to provide Internet services, and the Purchaser (hereinafter "you" or sometimes "your") agree to purchase said Internet services on the following terms and conditions:

   1.  VFR exercises no control whatsoever over the content of the information passing through the Internet and you are warned that some information you receive may be adult in nature and/or offensive to you or may be inaccurate. 

       a.  VFR, its subcontractors and affiliates, are not responsible to you or any other person with whom you  share information, for any damages, either actual or consequential, that you or any third party may claim from accessing the Internet or viewing or using the information contained therein.

       b.  Any information transmitted through the Internet by or through you must comply with these terms and conditions.  Failure to comply with these terms and conditions may result in termination of your Internet service “for cause.”

       c.  You are advised that from time to time an investigation may be undertaken regarding information or activities on the Internet (in search of "hackers," those gaining illegal access to secure computer systems, and for numerous other reasons).  It is VFR policy to cooperate fully with all federal, state and local law enforcement agencies.  You are advised that, upon receipt of an official request from a law enforcement agency, VFR, its subcontractors and affiliates, may allow these agencies to have access to their computers, servers, routers, files and records, with or without a search warrant and with or without "probable cause."  By accepting service you agree with this policy.

   2.  VFR makes no warranties of any kind, whether expressed or implied, for the service it is providing under this agreement.  VFR disclaims any warranty or merchantability or fitness for a particular purpose.  VFR intends that the service be used for recreational and educational purposes only.  Signing this agreement constitutes acknowledgment that neither VFR, its subcontractors or affiliates, are responsible for any damages you suffer, either actual or consequential, whether from nondeliveries, misdeliveries, or service interruptions caused for any reason including either its own negligence or your negligence, errors or omissions.  Should a court of competent jurisdiction interpret this section in any way that allows recovery, you agree that because such damages would be difficult or impossible to predict, said compensation shall be limited to an amount equal to one months service fee as liquidated damages.

   3.  The Internet connection through VFR may only be used for lawful purposes.  Transmission of any material in violation of any Federal or State law or regulation is prohibited.  This includes, but is not limited to: copyrighted material, material legally judged to be, or in the sole opinion of VFR thought to be, threatening or obscene, or material protected by trade secret.  You agree to indemnify and hold harmless VFR, its subcontractors and affiliates, from any claims resulting from your use of the service which use damages you or another party.

   4.  Any access to other computer networks through VFR must comply with the rules appropriate for that other network.

   5.  All postings to USENET must comply with the etiquette guidelines posted in news.announce.newusers, and also with the posted charter of the newsgroup(s) to which you are posting.  Non-compliance with these rules will, at our sole discretion, result in the termination of your account without prior notification.  Should such termination occur you will NOT be refunded any unused portion of the fees paid, but not yet used, for the current month.

   6.  All use of VFR Internet access must be within the restrictions associated with your account and as set forth herein or by separate agreement.  While VFR will not terminate your service without cause without at least 30 days notice, VFR reserves the right to terminate service, upon 24 hour notice, to any account(s) that exceeds its restrictions and these terms and conditions.

       a.  Anti-Spam provision:  You may not send SPAM e-mail.  SPAM e-mail is unsolicited e-mail of either a commerial or personal nature sent either in bulk or to just one user.  To protect other users, if VFR detects an unusually high volume of e-mail from or to you which volume threatens, in the sole opinion of VFR, its mail system,  notwithstanding anything in this contract to the contrary, VFR may terminate your account IMMEDIATELY, causing all additional messages to be returned to their originator, outbound mail to be canceled, and may delete any messages already saved to your file.

       b.  Multiple sessions are prohibited and constitute a breach of this agreement.  On occasion users will allow their friends to use their "User Name" and "password" to gain access to the system or may log on simultaneously using multiple computers in the same household.  This is  a "multiple session” and is prohibited.

   7.  There are no facilities provided by VFR for secure private communications or data storage.  The Internet is not secure and you are responsible for the protection of your account and data.  Data can be, and sometimes is, viewed by third parties.  Information of a private or confidential nature should not be placed on the system or should be encrypted.  VFR specifically denies any responsibility for the security of your account, the data stored within, or information transmitted through, VFR's facilities.

   8.  Charges for Internet services provided by VFR are set forth in the VFR “Schedule of Services and Prices” as revised from time to time.

   9.  Payment.

       a.  New accounts are required to pay, within five days, all administrative fees and the fee for the first month of service.  

       b.  Fees for all services are payable in advance.  Monthly payments are due on the first of each month and are delinquent after the tenth of the month.  All accounts are programmed into the VFR Internet computer for payment on the first of each month.  If payment is not received by the tenth of the month the computer AUTOMATICALLY terminates service to that account and, shortly thereafter (about 7 calendar days), deletes the account (including all saved files, e-mail and the like) from the system.  Once an account is deleted, all e-mail addressed to you will be returned to the originator and the system will not know you exist. 

       c.  If you elect to take advantage of the roaming services, fees for roaming services will be invoiced when received from the roaming service subcontractor.  By its very nature these charges will be billed after they have been incurred and will vary in amount.  You agree to pay all such roaming fees.  Should you discontinue your service with VFR, you agree to pay any roaming charges you incurred while still a customer and agree that VFR may charge the same to your credit card, without prior notice,  should you have paid via this method while a VFR customer.

       d.  If your check bounces for any reason, you agree to pay to VFR a $25.00 service charge in addition to any other amounts owing to VFR.  You also agree that, should a check bounce for any reason, VFR will terminate your service IMMEDIATELY.  As in "b" above, if the bounced check is not redeemed quickly, as explained above, the account will be deleted and a new set up fee will be required to reinstate service.

       e.  Invoices will be sent to the address provided by you on your application.  If payment is by credit card, no invoices will be sent.

   10.  Service shall be paid monthly, in advance, and may be canceled by either party, in writing, at any time with no penalty.   Service shall not be terminated by VFR, without cause, upon 30 days notice.   If you elect to terminate your service in this manner, charges will cease on the date you specify in your written request or upon receipt by VFR of your written request, whichever is later.  If service is terminated before the end of a month, the pro-rata fees associated with the remainder of the month will NOT be refunded.

   11.  Prices quoted are for delivery at San Martin, CA. 

   12.  Anyone with a computer realizes that things sometimes go wrong with them, or their peripheral equipment, which may result in an interruption of service.  VFR, its subcontractors and affiliates, will endeavor to provides the best and most reliable services available.  However, VFR cannot guarantee uninterrupted service at all times.  Furthermore, although VFR will provide sufficient phone lines to allow subscribers a reasonable probability of connecting to the system at any given time, there may be times when  you receive a "busy signal" when you dial in.  For these reasons, VFR reserves the right to interrupt services for reasonable periods from time to time.  Periodic service interruptions and/or "busy" signals upon dialing in shall not constitute a breach of this contract and shall not entitle the subscriber to a refund of all, or any part of, the subscription fees for the month involved.

   13.  VFR reserves the right to change the rates, terms and conditions of service.  Notice of any changes in the terms, conditions or rates will be sent either by US mail or by E-mail. If you do not request that your service be discontinued, it will be conclusively presumed that you consent to the new terms, conditions or rates as notified.

   14.  Support Service:  The set-up fee includes up to one hour of telephone support.  Any on-site support will be billed at the rate of $50.00 per hour.  You are advised that there are many people who offer on-site support other than VFR.  We have some names and phone numbers if you need this support.

   15.  Single User Account restrictions:

       a.  Connect time--unlimited for dial-up users, 12 hours per day for ISDN users.  VFR reserves the right to terminate a connection after 20 minutes of "idle" activity.  Users may not "camp" on a connection, meaning keep the connection in place even though the connection is not being used.  This is often seen in businesses which connect during the day and leave their system connected all night even though nobody is at the office.  "Camping" constitutes a breach of this contract.

       b.  Storage space--Each account may store up to 5 megabytes (5 Mb) of information (including subdirectories) on the VFR computer.  If you have been notified that you are in excess of your storage limits and have failed to reduce the stored material to the allowed space, VFR may erase files in your directories to bring your account back within this limit.  Erasure of such files will be at random as selected by VFR, its subcontractors or affiliates.  Data transfer is limited to 50 mb per day. 

   16.  User Name and Password.

       a.  The "User Name" is the name by which you are known on the Internet and the name to which others send you e-mail.  You may select any "User Name" identification you want.  If your User Name is not obscene or duplicative of somebody else's, we will program your account as your request. 

       b.   User Names cannot exceed 8 characters in length.  You can use letters, numbers, and some special characters in the user name; however, you cannot start the user name with a - (minus sign), + (plus sign), or ~ (tilde).  You cannot use a , (comma), : (colon), = (equals sign), - (dash), * (asterisk), " (double quotes), or the keywords "ALL" or "DEFAULT" in the user name.  Once your User Name is programmed, it cannot be changed without incurring another set-up fee.

       c.  Unless you specify a particular password, a password for your account will be assigned by VFR.  Once on the system you may change the password yourself anytime you desire.  We suggest that your password be a combination of random lower case letters and numbers.  DO NOT use something obvious like your birthday, maiden name, street name or child's name.  Never give your User Name and password to anybody else.

   17.  Your use of VFR’s service constitutes agreement with these Terms and Conditions

   18.  Should any dispute arise out of this agreement that results in arbitration or litigation the prevailing party shall be paid his/her reasonable attorney fees.  Venue for any such dispute shall be in Placer County, California.  The parties agree that any disagreements, if not mutually resolved, shall be referred to binding arbitration for resolution.

   19.  You may address questions via e-mail to "office@garlic.com."



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