SERVICE AGREEMENT
By using Lodinet services, you agree to be bound by and to comply with this Agreement, as if you had signed it. Please remember that Lodinet service is conditioned on your continued acceptance and compliance with the Terms and Conditions and Acceptable Use Policy. Violation of any provision of this Agreement is grounds for immediate termination of your Lodinet account.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD IMMEDIATELY END YOUR USE OF Lodinet AND NOTIFY Lodinet SO THAT Lodinet MAY CLOSE YOUR ACCOUNT.

Section 1: Services
1. This Agreement establishes the terms and conditions for all types of accounts offered by Lodinet, both personal and business, and the services available through those accounts. Lodinet will provide Services on its systems to you in exchange for recurring payment of subscription fees and full compliance with this Agreement. Lodinet will publish a notice of fee increases at least 30 days before such increases take effect.

Lodinet reserves the right to charge and require payment of setup fees prior to activation of any Services. You may not lease, rent, transfer or resell Lodinet Services or any portion of Lodinet Services to any other party in any other way.

You may not use Lodinet Services to compete with Lodinet or promote products or services, which compete with Lodinet.

2. Lodinet reserves the right to discontinue any and all Services to you at any time, without prior notice or liability, for any conduct which Lodinet, in its sole discretion, determines to violate the Agreement or is otherwise harmful to LODINET’S interests or the interests of others. Lodinet also may limit, restrict or prohibit access to its system resources, as Lodinet, in its sole discretion, considers appropriate to provide the availability of such resources.

3. You are responsible for obtaining and maintaining any communications equipment necessary to connect to Lodinet services, including modems, computer hardware and software, and long distance or local telephone service. You are responsible for ensuring that such equipment or service is compatible with LODINET’S requirements. In addition, you are responsible for maintaining the security of your account, password, files, network and user access, and any information you disseminate through Lodinet services or other Internet services, and for all use of your account with or without your knowledge or consent.

4. If Lodinet receives complaints or otherwise becomes aware of possible violations of the Agreement, Lodinet may, in its sole discretion, initiate an investigation. This investigation may include gathering information from and about account holders and examining the content of personal electronic communications, Web pages or Personal Web Pages on LODINET’S servers. During any investigation, Lodinet may suspend services to any customer being investigated and/or remove the material from its servers. You agree to cooperate with any such investigation. If Lodinet determines, in its sole discretion, that a violation of the Agreement has occurred, it may, but will not be obligated to, take enforcement measures. Violations of this nature could also subject you to criminal or civil liability including monetary damages.

5. Unless otherwise specified, the Customer can use no more than one dialup connection anytime. If the Customer establishes two or more dialup connections at one time, we must assume your secure password has been violated and your account will be immediately suspended.

6. While the number of on-line hours per month is un-metered, the monthly fee that Lodinet assesses the customer is not intended to constitute an offer of a dedicated line. A dedicated line is a modem and telephone line specifically for the usage of one customer and Lodinet, providing that customer guaranteed access upon demand with no time restrictions. You agree that in order to keep LODINET’S costs low and ensure maximum utilization by all users, Lodinet reserves the right to determine reasonable usage on a case-by-case basis, and terminate any connection for any reason.

7. Lodinet makes no warranty regarding system and/or network availability and/or system access speed. Although Lodinet strives to maintain 100% network availability and usability for customers, there are many factors and variables, which are out of LODINET’S direct control. System availability and response speed can and will vary, and no warranty or guarantee for either is made and/or claimed. Refer to Section 4 for information on liability information.

Section 2: Billing
1. You agree to provide Lodinet with accurate and complete billing information, including your legal name, address, and telephone number, and to update this information within 30 days of any change to it. Payment for a Lodinet account or Service by fraudulent means will result in immediate and permanent termination of the account, possible civil damages and criminal penalties.

2. If Lodinet does not receive Customer's payment when due, or Customer’s credit card is declined for any reason, Customer's account may be terminated or placed on a financial hold pending payment.

3. Lodinet will invoice Customer for Services on a monthly / regular basis. However, failure to receive an invoice for any reason shall not relieve Customer of the responsibility to pay fees in a timely manner. Fees for Services are payable in advance.

4. Accounts that are delinquent by more than one billing cycle may be suspended, cancelled, and/or sent to a collections agency.

5. You acknowledge responsibility for any account you have opened until payment in full is made. If your account is delinquent, Lodinet will not release your domain name.

6. Lodinet reserves the right to charge a fee for payments received past due.

7. Lodinet reserves the right to charge a service reconnection fee to reinstate suspended accounts.

8. Lodinet reserves the right to charge a $20.00 service charge for each returned check.

9. Payment may be made by cash, credit card, check or money order.

10. Lodinet Accounts Receivable may be reached by e-mail at: billing@lodinet.com, by telephone at 209-339-7130 or by facsimile at 209-334-7956.

11. Customer may terminate this Agreement by providing written or verbal notice to LODINET. Upon termination, LODINET shall delete customer’s files stored on its system. LODINET is not responsible for maintaining material that it deletes from its servers if you cancel your service with LODINET, or if the material violates any provision of these Terms and Conditions, or LODINET'S Acceptable Use Policy. 

12. LODINET does not pro-rate monthly accounts for cancellation purposes. Any money, including setup fees, and/or access fees, paid by you to LODINET for service, in setup of service, or in advance for service, shall be forfeited to LODINET as a cancellation fee and is not refundable. 

13. Cancellation of service does not, under any circumstances, relieve your obligation to pay any debts to LODINET. Allowing your account to become past due in multiple billing cycles or refusing to pay for service is not an acceptable method for canceling your service. 

14. To avoid further charges, please notify Lodinet BEFORE the end of your billing cycle if you want to cancel service. Please don’t assume because you have not paid an invoice that we will cancel/suspend your service.  This is a continuous contract, which means that at the end of your prepaid service, we will invoice you again. Unless you contact us by phone, fax or email, your service WILL remain active and you will be liable for any and all charges, whether you use it or not.

Section 3: Content
1. Lodinet Services include access to many areas of the Internet. Some of these areas contain discussion, materials, and pictures that could be harmful, offensive and/or intended for adult audiences. Lodinet account holders must be at least eighteen (18) years of age. If you are a minor's parent or legal guardian, you agree: (a) to exercise supervision over the minor's access to the Internet, (b) to assume all risk associated with viewing content or exposing any minor or other person to content in the Internet, and (c) to defend, indemnify and hold Lodinet harmless from any claims, losses and damages, including attorney's fees, resulting from viewing content or exposing any minor or other person to content on the Internet.

2. Lodinet exercises no control whatsoever over the content of information passing through its network or equipment. It is foreseeable that disputes may arise between you and other individuals or entities or between you and Lodinet related to such content. Such disputes could involve, among other things, the use or misuse of domain names, the infringement of copyrights, trademarks or other rights in intellectual property, defamation, fraud, and the use or misuse of information. You agree that all claims, disputes or wrongdoing which result from or which are related in any way to the content of information passing through LODINET’S network or equipment are your sole and exclusive responsibility. You agree to indemnify and hold Lodinet harmless from and against all claims, damages, costs and expenses (including attorneys' fees) which result from or which are related in any way to the content of information passing through LODINET’S network or equipment, or to your use of Lodinet Services, equipment or the Internet. It is your responsibility to use Lodinet Services for lawful purposes only. This agreement to indemnify shall survive the termination of the Agreement. You will not assign or transfer the rights and Services granted hereunder to any other person or any other location. Use of Lodinet Services, equipment or the Internet constitutes acceptance of this Agreement in full. Use of the Internet and the information available through it is at your own risk.

3. To comply with applicable laws and appropriate requests from government and law enforcement to operate our systems properly, or to protect ourselves or our account holders, Lodinet reserves the right to access and disclose any information including without limitation to the user names of accountholders, the contents of the of personal electronic communication passing through its network, and any other information it deems necessary or appropriate.

4. Lodinet will fully cooperate with law enforcement authorities in investigating suspected lawbreakers. Lodinet reserves the right to report to law enforcement any suspected illegal activity of which it becomes aware.

Section 4: Limitation of Liability
1. The Services provided by Lodinet and any equipment owned by Lodinet and used by you, are provided AS IS, WITHOUT WARRANTY OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT Lodinet WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF Lodinet IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Lodinet, its employees, agents, suppliers, vendors and distributors make no warranty of any kind, either express or implied, regarding the quality, accuracy, or validity of the data and/or information available on its systems, or residing on or passing through its interconnecting networks, or that Lodinet Services will be uninterrupted or error free.

2. Lodinet is not and will not be responsible for interruptions or discountenances of service caused by factors beyond its control, including, but not limited to, equipment failure, delays, negligence (by either Lodinet or LODINET’S suppliers and/or vendors), strikes, or acts of God and/or nature.

3. In no event will Lodinet be liable to you or any other party, including, without limitation, for any damages, financial or otherwise, incurred as a result of use of the service, products obtained by usage of the service, including, but not limited to, any charges incurred by any telephone company, local or long distance. You agree to defend, indemnify, and hold Lodinet harmless from any claims, losses, and damages, including attorney's fees, resulting from your violation of any of the provisions of this Agreement or your placement or transmission of any materials or content onto LODINET’S servers, or from any and all use of your account, with or without your knowledge or consent. This agreement to indemnify shall survive the termination of the Agreement.

4. Customers utilizing unmetered access accounts are flat rate for normal and reasonable metered usage. Continual excessive use may result in termination of services. While the number of hours per month for a unmetered access account may be unmetered (billed for units of usage), the monthly fee that Lodinet assesses the customer is not intended to constitute an offer of a dedicated line. A dedicated line is a communications device and telephone line specifically for the usage of one customer and Lodinet, providing the customer guaranteed access upon demand with no time restrictions. Customer acknowledges that in order to keep LODINET’S costs low and ensure maximum utilization by all users, Lodinet reserves the right to determine reasonable usage on a case-by-case basis, and terminate any connection that appears to be inactive, neglected, or mechanized.

Section 5: Electronic Communications Privacy Act
1. Customer agrees that LODINET’S Services and the Internet are not considered secure communications media for the purposes of the Electronic Communications Privacy Act. Thus, Customer has no expectation of privacy in unencrypted communications transmitted or received over the Internet by LODINET’S Services or otherwise and will not rely on any such expectation of privacy.

Section 6: Child Online Protection Act (COPA) Notice
1. The following general information is solely provided due to the requirements of the federal Child Online Protection Act. Lodinet does not endorse, nor is it affiliated with or connected to, any of the software providers described herein. Lodinet makes no warranties of any kind or nature with respect to the products or services supplied by the providers listed in this section of the Agreement. Customer assumes all risk of harm or injury to any person or property related to the use of any information, product or service contained in this paragraph.

Parental control protections such as computer hardware, software or filtering services are commercially available and may assist Customer in limiting access that is harmful to minors. Set forth below are Uniform Resource Locators (“URLs”) identifying locations on the World Wide Web at which Customer can find more information about obtaining and using parental control protections. The following list is not exhaustive and is provided only for the convenience of the Customer.

Acceptable Use Policy
THIS ACCEPTABLE USE POLICY (“POLICY”) IS AN INTEGRAL PART OF THE Lodinet SERVICE AGREEMENT.

1. Lodinet is committed to providing the highest quality Services in a virtual environment respectful of all customers. Therefore, Lodinet reserves the right to remove any materials or terminate Services that, in the sole discretion of Lodinet, violate this Policy. Notwithstanding any contrary provision contained in the Service Agreement, this Policy may be amended from time to time by Lodinet upon a minimum of thirty (30) days notice.

2. GENERAL RESTRICTIONS ON CONDUCT AND COMMUNICATIONS.

A. Minors using the Services must have parental or guardian consent.

B. Customer shall not use Services for the commercial dissemination of E-mail.

C. Customer shall not restrict or inhibit any other customer from using and enjoying Services or the Internet.

D. Customer shall not simultaneously use the same username and password to access the Services.

E. Customer shall not remain logged-on to Services when those Services are not being actively utilized by Customer.

F. Customer shall not upload, post, mail, display, or otherwise transmit in any manner any content, communication, or information that is unlawful, harmful, harassing, threatening, abusive, hateful, libelous, defamatory, obscene, pornographic, profane, vulgar, indecent, sexually explicit, intended to offend any person based on a person’s race, ethnic heritage, national origin, sex, sexual orientation or preference, age, physical or mental illness or disability, marital status, employment status, housing status, religion, or other characteristics as may be defined by applicable civil rights, or otherwise objectionable to Lodinet. Prohibited communications include, but are not limited to, otherwise objectionable information of any kind, any transmissions constituting, encouraging, soliciting, or aiding or abetting any conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations.

G. Customer will not upload, post, mail, display, or otherwise transmit in any manner any content, communication, information, or software that contains a virus, cancelbot, trojan horse, logic bomb, worm or other harmful component.

H. Customer will not upload, post, mail, publish, transmit, reproduce, or distribute in any way, information, software, or other material obtained through Services that is protected by copyright, patent, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright or patent owner or rightholder.

I. Customer will not send unsolicited advertising or promotional materials to other Lodinet Customers or Internet users.

J. Customer will not run or allow any other person to run Maillist, LISTSERV, or any form of autoresponders from Customer’s account.

K. Customer will not violate the security of any computer network or decipher or discover passwords or security encryption codes.

L. Customer will not impersonate any person living or dead, organization, business, or other entity, or use any name or communicate under any false name that Customer is not authorized to use.

M. Customer will not to attempt to, or actually cause, traffic levels to LODINET’S Services or other networks to rise without reason or for any purpose, including, but not limited to, transmitting large files to people for malicious purposes, mailbombing, transmissions intended to raise the cost of another network provider’s access through excessive traffic levels, or repeatedly sending the same content to another person for the purpose of harassment. Lodinet, in its sole and absolute discretion, shall determine whether an account is utilizing an excessive amount of bandwidth or other resources.

N. Customer will not engage in any spamming at any time. Lodinet reserves the right to block or filter mass solicitations on or through LODINET’S service that constitute “spamming” as defined in this Agreement, regardless of the source or origin of such mass solicitations. Spamming consists of any of the following:

i. Sending one or more electronic messages once or repeatedly to any recipient without that recipient’s express or implied consent;

ii. Sending one or more electronic messages once or repeatedly to any group of recipients without the express or implied consent of each of the recipients in that group;

iii. Sending any electronic message to any recipient, whether once or repeatedly, when the primary purpose of the message is to harass, bother, annoy, disturb, distract, offend, embarrass, threaten, coerce, or cause distress, unwanted attention or discomfort to the recipient, for any reason whatsoever, regardless of the recipient’s express or implied consent;

iv. Sending to any recipient or group of recipients without the express consent of the recipient or of each of the recipients in that group, any electronic message that solicits participation in chain letters, multilevel marketing opportunities, franchises, business opportunity ventures, investments, pyramid schemes, or charitable donations; or

v. Sending any electronic message to any recipient, whether once or repeatedly, when the primary purpose of the message is to cause excessive use of the computers or telecommunications equipment of the recipient, of the Lodinet, or of any third person or network.