Internet Terms and Conditions

Y-COMM TERMS AND CONDITIONS OF INTERNET SERVICE
Effective October 1, 2000

	You understand and accept these Terms and Conditions and agree to pay for these services according to the Billing Policies currently in effect. Services are provided on a prepaid basis, with refunds based on actual days of service if account is closed for an accepted, valid reason. Invoices may be prorated IN ADVANCE to allow for relocation or other changes in your personal circumstances. There is a $25.00 fee for checks returned due to Non-Sufficient Funds (NSF).
	If payment is not received by the due date printed on the invoice, a courtesy email notification will be sent to the email address on record. Payment (or special payment arrangements) must be made within 5 business days of the due date. Accounts past due after 5 business days will incur a $10.00 late fee and logins will be locked. Account logins will remain locked until full payment (including late fees) is received. Payment may be made by cash, check, money order, Visa or Mastercard.
	These Provisions apply also to accounts paid by automatic charge to credit or debit card.
	Accounts past due more than 30 days will be closed. Such closure does not remove your responsibility under this Agreement to pay all fees incurred up to the date the account was closed, including any collection fees incurred by Y-COMM.
	You may cancel your account at any time with proper notification. Proper notification includes direct contact with a member of the accounting staff, or written notification. Failure to pay does not constitute proper notification and you will be held responsible for all fees accrued to your account until proper notification is received.
	Y-COMM makes no warranties of any kind, whether expressed or implied, including any implied warranty of merchantability or fitness of this service for a particular purpose. Y-COMM takes no responsibility for any damages suffered by you including, but not limited to, loss of data from delays, non-deliveries, midlives or service interruptions caused by Acts of God, Y-COMM= s own negligence or your errors and/or omissions.
	Y-COMM's services may only be used for lawful purposes. Transmission of any material in violation of any U.S. or state regulation is prohibited. This includes, but is not limited to, copyrighted material, obscene material, material protected by trade secret, or material which is deemed threatening or harassing according to local, state or federal laws. You agree to indemnify and hold harmless Y-COMM from any claims resulting from your use of this service which damages you or another party. At our discretion, we may revoke your access for inappropriate usage.
	To insure the safety, comfort and convenience of our customers and the security of our system, Y-COMM reserves the right to refuse any or all aspects of Y-COMM=s service to any individual or entity. These include, but are not limited to, posting to local newsgroups intended for use by our customers and staff for communication, e-mail services, posting of files to our ftp site or posting of WWW sites to our servers. Unsolicited bulk e-mail falls under this group, as does inappropriate posting to Usenet newsgroups. In addition, you agree to pay the following in the event you are responsible for, generate, or cause any unsolicited commercial e-mail to emanate or appear to emanate from Y-COMM:
	$500.00 plus $1.00 per message sent, plus $50.00 per complaint received by Y-COMM, as well as,
	Any damages or loss of service(s) to Y-COMM as a result of any spamming or other violation of these policies. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and/or loss of peering arrangements. Decisions regarding the acceptability of usage are the discretion of the staff of Y-COMM and are final.
	Use of any information or software obtained via this service is at your own risk. Y-COMM specifically denies any responsibility for the accuracy or quality of information obtained through our services.
	If you use another organization’s networks or computing resources via our service, you are subject to their respective permission, usage policies and fees.
	These Terms and Conditions are subject to change without notice. A current, dated copy will always be available on-line via the World Wide Web at http://www.y-comm.com. Notification of changes in the Terms and Conditions will be posted in the Message of the Day (available at http://www.y-comm.com). Paper copies will be available from the office by request. Continued use of your account after a new policy has gone into effect constitutes acceptance of that policy.
	You will notify Y-COMM in a timely manner of any changes in account contact information such as your address or phone number.
	You are responsible for how your account is used. You may allow others to use your account, bearing in mind that you are fully responsible for what they do, and that you are entitled to use only one dial-up login into one access line at a time per account. Using more than one dial-up login into more than one access line at a time is usage contrary to these Terms and Conditions. ANY usage contrary to these Terms and Conditions by any party knowingly allowed to use the account is grounds for account closure.
	Y-COMM accounts are currently unmetered, meaning that there is no specific limitation on the number of hours per month that you may use. However, during peak usage hours (4-10 pm, 7 days a week), we do expect our users to be courteous, remembering that the telephone lines are a shared resource. After two hours of usage, please log out for 10-15 minutes; then you may log back in for another 2 hour period and so on. In any case, connections of extended duration which are not in active use will not be permitted.
	Disk storage is limited to 5 megabytes per account, including space for a personal WWW site (A home page@) and e-mail. There is a 10 megabyte >soft= limit for temporary storage of 72 hours or less. Excess storage may incur a monthly storage fee at the current rates for extra storage; minimum charge is one month.
	Free space for personal WWW sites is a courtesy service offered by Y-COMM. Please see the information at http://www.y-comm.com for details of allowed usage. Y-COMM provides basic information for setting up your directories and permissions via http://www.y-comm.com. This document is also available via e-mail upon request. Additional technical support and assistance with html code is available at the current rates for web page creation and maintenance.
	Y-COMM reserves the right to cancel this service and reimburse you for any unused fees, where appropriate, on a pro-rata basis. If your service is canceled for misuse according to these Terms and Conditions, Y-COMM reserves the right to apply additional fees and/or administrative costs incurred to your account prior to reimbursement. Please allow 4-6 weeks for reimbursement payment.
	You acknowledge that Y-COMM is intended for access to and use of electronic mail, Internet newsgroups, Internet relay chat, the Internet, and any other proprietary or non-proprietary services that Y-COMM makes available to its members. Y-COMM dial-up service is provisioned as an interactive service; you shall not use Y-COMM dial-up access to operate server programs including, but not limited to, mail servers, IRC servers, ftp servers, or web servers.
	When connecting to Y-COMM using a dial-up connection, you are responsible for providing all equipment, devices and software to receive service from Y-COMM. You are responsible for selecting the best telephone number for you, and for all telephone fees and charges associated with the use of the telephone number you select. It is your responsibility to confirm that any telephone number used is local (Y-COMM will not reimburse you for any toll charges incurred through use of a non-local access number.) Use of Y-COMM Internet Services (or portions thereof), and of specific telephone numbers, is subject to interruptions at Y-COMM=s discretion. Unauthorized access to Y-COMM, to restricted portions of Y-COMM, or to the telecommunications or computer facilities used to deliver the Service, is a breach of this Agreement and may be a violation of law.
	Y-COMM provides Internet Access Services to you as an individual, as well as to the community of Y-COMM customers. In order to provide an accessible network for all, customers are expected to act as part of that community. High levels of activity on the Service reflect uses not in keeping with community objectives. This includes, but is not limited to, the use of the Service on an inactive basis; that is, keeping your account active and online with Y-COMM=s network without your actual interaction with or use of the web browsing, interactive features, or e-mail services provided by or through Y-COMM, the use of your account by more than one person at a time or from more than one location at a time, unless specifically contracted for such use, continuous and sustained excessive account activity, and the use of methods or automated programs to defeat systems which limit inactivity. Due to customer violations of community objectives through such high activity, Y-COMM may do one or all of the following: seek a clarification of your activity patterns, automatically disconnect your session for such violations or for a period of inactivity, which period will be within Y-COMM' sole discretion, or cancel your account.
	Y-COMM provides DSL Access Services to you as an individual. This service is provided as residential service, which means, there is no guarantee that the speed you purchased is the speed you will receive at all times. Commercial service guarantees the speed you purchase is the speed you receive at all times. Y-COMM will make every effort to provide enough bandwidth to provide you with the best possible service at a reasonable cost. However, during peak usage hours (4-10 pm, 7 days a week), we do expect our users to be courteous, remembering that the multiple downloads of large files take up large amounts of bandwidth and will slow the system down.
	These Terms and conditions supercede all previous representations, understandings or agreements and shall prevail, notwithstanding any variance with the Terms and Conditions of any order submitted.