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June 10, 1998

SENTRISISP

TERMS AND CONDITIONS OF SERVICE

SentrisISP ("c3ntris.com" or the"Company") sets forth the following terms and conditions, which will govern all subscribers of Internet Service (as described on standard Company marketing materials, including but not limited to the Company's World Wide Web ("Web") site) from c3ntris.com (referred to separately as "Subscribers"). It is essential to understand and comply with each of the terms and conditions listed below. All Subscribers must acknowledge that they have read and understand the following terms and conditions before they will be granted Internet Service from the Company. Any questions regarding these terms and conditions should be directed to c3ntris.com via email from the Company's Web site.

Table of Contents
  • Internet Service
  • Registration Requirements
  • Fees
  • Use of Service
  • Net Abuse Policy
  • Limitation of Liability
  • General
  • A. Internet Service

    1. c3ntris.com Internet Service includes: Internet access, Electronic Mail ("email") and unlimited mail addresses, and one Web site (up to 5 megabytes) on c3ntris.com’s server (regardless of the number of mailboxes per Subscriber account) (collectively, "Internet Service").
    2. c3ntris.com makes no guarantee as to the continuous availability of c3ntris.com’s Internet Service or any specific feature of c3ntris.com’s Internet Service. c3ntris.com reserves the right to change Internet Service and institute new Internet Service at any time. c3ntris.com will announce changes to Internet Service online at the Company’s Web site at least 30 days before such changes are to take effect, unless circumstances beyond the Company’s control require that such changes occur immediately to preserve the best interests of c3ntris.com’s Subscribers in general.

    B. Registration Requirements

    1. Individuals and organizations may be Subscribers to the Company’s Internet Service. Subscribers must provide c3ntris.com with accurate and complete billing information. This information must include legal name, mailing address and telephone number. Subscribers must notify c3ntris.com of any changes in billing and contact information relating to their account. Subscribers are responsible for all charges posted to their account by the Company.
    2. Subscribers must be at least 18 years old to register for c3ntris.com Internet Service. c3ntris.com does not control the information accessible through its Internet Service. SUBSCRIBERS ARE STRONGLY URGED TO CLOSELY SUPERVISE THE ACCESS OF MINORS.

    C. Fees

    1. UNLIMITED INTERNET ACCESS IS OFFERED BY c3ntris.com PROVIDED THAT LOCAL DIAL-UP NUMBERS MAY NOT BE AVAILABLE IN ALL AREAS. IT IS THE SUBSCRIBER’S SOLE RESPONSIBILITY TO DETERMINE IF USE OF A PARTICULAR c3ntris.com DIAL-UP NUMBER WILL CAUSE THEM TO INCUR LONG-DISTANCE, TOLL OR OTHER CHARGES. c3ntris.com IS NOT RESPONSIBLE FOR ANY LONG-DISTANCE OR TOLL CHARGES INCURRED BY SUBSCRIBERS THROUGH USE OF c3ntris.com’S INTERNET SERVICE. SUBSCRIBERS ARE SOLELY RESPONSIBLE FOR ALL TELECOMMUNICATIONS CHARGES INCLUDING LOCAL AND LONG-DISTANCE TELEPHONE CHARGES FOR CONNECTION TO THE SERVICE BY THE SUBSCRIBER AND BY THOSE WHO ACCESS THE SERVICE THROUGH THE SUBSCRIBER’S ACCOUNT.
    2. Current prices for c3ntris.com’s Internet Service are described on standard Company marketing materials, including but not limited to the Company’s Web site. c3ntris.com reserves the right to change prices and institute new prices for its Internet Service at any time. c3ntris.com will announce price increases or decreases online at the Company’s Web site at least 30 days before such changes are to take effect, unless circumstances beyond the Company’s control require that such changes occur immediately to preserve the best interests of c3ntris.com’s Subscribers in general.
    3. Subscribers are billed for 30 days of Internet Service in advance beginning immediately upon signing-up for Internet Service from the Company. If a Subscriber cancels an account at any time during the first 30 days after signing-up for an account from the Company, the Subscriber will not be refunded any monies collected from c3ntris.com with respect to a Subscriber’s first 30 days of service, especially when it's a result of a Subscriber’s account being terminated by the Company for being in violation of the Company’s Net Abuse Policy, as described herein. In addition, any and all charges relating to additional services purchased from c3ntris.com, such as additional extra personal Web space, will not be refunded automatically upon canceling an account during the first 30 days after signing-up for an account from the Company.
    4. Payments for all charges are due within 30 days of the end of the period in which the charges are incurred. If a Subscriber’s account is delinquent, the Subscriber’s account may be suspended or cancelled at c3ntris.com’s sole discretion. If a Subscriber’s account is suspended, regular charges continue to accrue until the Subscriber cancels their account. c3ntris.com may, at its sole discretion, charge a fee of $19.95 to reinstate a suspended account.
    5. A service charge of $25.00 will be assessed to a Subscriber’s account for each check that is returned to c3ntris.com for insufficient funds.
    6. Interest charges of 2% per month (or the highest rate permitted by law if lower than 1% per month) will accrue daily on any unpaid balance that is not paid within 30 days of the end of the period in which charges are incurred.
    7. If a Subscriber believes that c3ntris.com has billed an account in error, the Subscriber must contact the Company within 60 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any erroneous charges that are more than 60 days old. In addition, refunds will NOT be given as a result of a Subscriber’s account being terminated by the Company for being in violation of the Company’s Net Abuse Policy, as described herein.
    8. Subscribers shall pay all Sales and Use taxes, duties or levies that are required by applicable law.

    D. Use of Service

    1. c3ntris.com personal dial-up accounts are for individual use only. c3ntris.com allows no more than one dial-up connection from a personal account at any one-time.
    2. Any means of identification assigned to Subscribers by c3ntris.com in order for Subscribers to use Internet Service are and will remain the property of c3ntris.com. At c3ntris.com’s sole discretion, this identification may be altered or replaced at any time. These means of identification include but are not limited to account usernames and email addresses.
    3. Internet Service provided by c3ntris.com may only be used for lawful purposes. Transmissions of material are subject to compliance with any applicable laws and regulations. This includes, but is not limited to copyrighted material, intellectual property, threatening or obscene material or material protected by trade secret. Software piracy is strictly forbidden and is defined here as any unauthorized copying or transfer of a computer program in any manner other than what is permitted by copyright law or by the author as stated in the software licensing agreement. Subscribers are also prohibited from publishing private email messages to third parties, by means, without the express prior consent of the author.
    4. c3ntris.com DO NOT PROVIDE SUBSCRIBER DEMOGRAPHIC INFORMATION TO THIRD PARTIES. AND THAT THE EMAIL ADDRESSES OF c3ntris.com SUBSCRIBERS ARE NOT FOR SALE OR COMMERCIAL DISTRIBUTION TO THIRD PARTIES WITHOUT THE EXPRESS WRITTEN CONSENT OF THE SUBSCRIBERS.
    5. c3ntris.com reserves the right to cancel Internet Service without prior notice for any reason, including, but not limited to (i) nonpayment; (ii) inappropriate usage; (iii) unauthorized transfer or storage of any material which is in violation of any U.S. or state regulation; (iv) software piracy; or (v) an illegal act under general copyright law. Subscribers may cancel their account at any time via mail, telephone or online. Termination of an account does not remove a Subscriber’s responsibility under these terms and conditions to pay all fees incurred up to the date the account was canceled. Subscribers are also responsible for any fees incurred by c3ntris.com, including but not limited to collection agency fees and attorney’s fees, costs, and expenses, whether or not suit is commenced.
    6. After cancellation or termination of an account by either the Subscriber or c3ntris.com, the Company has the right to remove or delete data previously associated with the account. Specifically, upon termination of Internet Service from the Company, Subscriber forfeits all rights to Referral Credits. For example, Subscribers may not return to the Company as a new Subscriber of the Company’s Internet Service and receive any previous rights to Referral Credits held while being a previous Subscriber of the Company’s Internet Service.
    7. A Subscriber may not sell, assign or otherwise transfer any rights as a Subscriber (including but not limited to the right to receive Referral Credits) without the written approval of c3ntris.com.

    E. Net Abuse Policy

    1. Using any c3ntris.com account or server to send duplicative, unsolicited email messages (commercial or otherwise), or to collect the responses from unsolicited email is prohibited. Similarly, using any c3ntris.com account or server to post advertisements or messages that violate the charter of any newsgroup or mailing list is prohibited. c3ntris.com reserves the right to make the determination whether a given message violates the newsgroup or mailing list charter. In most cases, c3ntris.com will defer to the judgement of the newsgroup or mailing list moderator or administrator. Commercial messages that are appropriate under the charter of a newsgroup or mailing list, or that are expressly solicited by the recipients, are permitted. Conduct in connection with email or Usenet news that is an obvious nuisance (such as "mail bombing" and/or "spamming") or that would be unlawful in other contexts (for example, threats, harassment, defamation, obscenity, or software piracy) is prohibited.
    2. Using c3ntris.com’s facilities to engage in activities that violate the terms of service of any other Internet or online service provider is prohibited. For example, sending unsolicited commercial email through c3ntris.com’s facilities to the Subscribers of any Internet or online service provider that disallows unsolicited commercial email is prohibited.
    3. Using programs that interfere with others’ use, or running an Internet Relay Chat robot, on any Internet Relay Chat server is prohibited. When logged into any Internet Relay Chat server, users are expected to comply with the rules and policies established by the server’s administrator.
    4. Subscribers are prohibited from utilizing c3ntris.com services to compromise the security or tamper with c3ntris.com’s system resources or data on any of c3ntris.com’s computers, routers, terminal servers, modems, or any other equipment at c3ntris.com or any other site. Use or distribution of tools designed for compromising security is prohibited. Any "denial of service" attack, any attempt to breach authentication or security measures, or any unauthorized attempt to gain access to any other account, host or network is prohibited, and will result in immediate service termination, which may be without notice.
    5. Subscribers are prohibited from such activities as the transfer of information or solicitation of persons via the Internet in an attempt to extort money or valuables or the use of pyramid/chain letters.
    6. Falsifying addressing information or otherwise modifying headers to conceal the sender’s or recipient’s identity, for the purpose of circumventing these terms and conditions, is prohibited. This provision is not intended to disallow the use of aliases or anonymous remailers for any legitimate purpose.
    7. Personal accounts are allotted up to 5MB of disk storage space for Web page files and FTP site locations and are allocated up to 250MB of monthly bandwidth usage for downloading and viewing of personal Web page files and FTP site locations. Additional disk space and monthly bandwidth usage allocations are available for nominal monthly charges and the rates are posted on the Company’s Web site. There is a 20MB limit to the amount of disk storage space a Subscriber is allowed to purchase. In addition, there is a 1GB limit to the amount of monthly bandwidth a Subscriber is allowed to purchase. If a Subscriber exceeds their allocated monthly bandwidth usage up to 1GB per month, c3ntris.com will add additional charges in accordance with the rates for such additional services as posted on the Company’s Web site. If a Subscriber uses more than 1GB of bandwidth per month, the Subscriber’s Web site may be deemed commercial and the Company may require the Subscriber to remove the Web site from c3ntris.com’s servers. c3ntris.com does not host commercial Web sites. If a Subscriber uses a personal Web site for illegal activities or as the subject of mass unsolicited emailing, the Company may in its own discretion immediately terminate access to the personal Web site and/or terminate the Subscriber’s Internet Service.

    F. Limitation of Liability

    1. c3ntris.com MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS INTERNET SERVICE FOR A PARTICULAR PURPOSE. c3ntris.com TAKES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY SUBSCRIBERS INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES, MIDDELIVERIES, OR SERVICE INTERRUPTIONS CAUSED BY c3ntris.com’S OWN NEGLIGENCE OR SUBSCRIBER ERRORS AND/OR OMISSIONS. USE OF ANY INFORMATION OBTAINED VIA THIS SERVICE ARE AT SUBSCRIBERS’ OWN RISK. c3ntris.com IS NOT RESPONSIBLE FOR THE ACCURACY, QUALITY, OR CONTENT OF INFORMATION OBTAINED THROUGH OUR SERVICE.
    2. SUBSCRIBERS EXPRESSLY AGREE THAT USE OF THE SERVICE, WHICH INCLUDES THE CONTENT THEREOF, AND ANY STORAGE OR USE OF INFORMATION IS AT SUBSCRIBERS’ OWN RISK. NEITHER c3ntris.com NOR ANY OF ITS SUBSCRIBERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES c3ntris.com OR ANY OF ITS SUBSCRIBERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OTHER THAN THE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SERVICE OR INFORMATION. NEITHER c3ntris.com NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING, OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. THE PROVISIONS OF THIS SECTION WILL SURVIVE ANY CHANGES TO THESE TERMS AND CONDITIONS.
    3. Subscribers agree to indemnify and hold harmless c3ntris.com from any claims resulting from the Subscriber’s use of the Company’s Internet Service, which damages Subscriber or any other party.
    4. To the extent permitted by law, c3ntris.com and its affiliates, officers, directors and other representatives shall not be liable for, and each Subscribers hereby releases c3ntris.com of and from any claim for, or loss of profit, incidental, or exemplary damage which may arise out of any claim whatsoever resulting from c3ntris.com’s performance, non-performance, act or omission with respect to the business relationship or their matters between c3ntris.com and the Subscribers whether sounding in contract, tort or strict liability. This provision shall survive any termination or expiration of this agreement and the independent business relationship between the Subscriber and c3ntris.com.
    5. All disputes arising between any Subscriber and c3ntris.com relating to these terms and conditions or c3ntris.com’s Internet Service shall be settled totally and finally through arbitration, whereas the Company shall determine the arbitrator. FURTHERMORE, IT IS AGREED THAT ANY DAMAGE TO THE SUBSCRIBER SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE AMOUNT OF CASH FEES PAID BY THE SUBSCRIBER TO c3ntris.com IN THE CURRENT MONTH.

    G. General

    1. The terms and names “SentrisISP” and “c3ntris.com”, the Company’s logo and all the names of the services of c3ntris.com are trademarks or servicemarks of the Company. Only the Company is authorized to produce and market literature and services under these marks.
    2. 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. Continued use of the service after the date of the revised terms and conditions constitutes acceptance of the revised terms and conditions.
    3. These terms and conditions are subject to change without notice: a current copy thereof will always be available online at the Company’s Web site. CONTINUED USAGE OF YOUR ACCOUNT AFTER A NEW TERM OR CONDITION HAS GONE INTO EFFECT CONSTITUTES ACCEPTANCE OF THAT POLICY. We encourage you to regularly check the Terms and Conditions of Services for any changes. The effective date will be updated to indicate a new revision.
    4. If any provision of these terms and conditions as such may exist or may hereafter be amended, is found to be invalid, illegal or unenforceable for whatever reason, such provision shall be fully severable and the other remaining provisions shall remain in full force and effect, and shall be construed as if the illegal, invalid or unenforceable provision never comprised a part thereof. Furthermore, in lieu of such invalid, illegal or unenforceable provision there shall be added automatically in its place a provision as similar in its terms to the illegal, invalid or unenforceable provision as may be possible and be legal, valid or enforceable.
    5. These Terms and Conditions of Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflicts of law provisions.
    6. c3ntris.com reserves the right to refuse service to any Subscriber at any time if they are in violation of any part or the entire terms and conditions as presented here. The Company also reserves the right to refuse Internet Service to anyone who does not acknowledge that they have read and agreed to these terms and conditions as presented herein.
     
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