Internet Access Agreement

Before you begin to explore the Internet, you ("you", "your", "yourself", and/or "subscriber") will need to review the following terms and conditions of Comcation's Internet Access Service (the "Access Service"). These terms and conditions will constitute a binding contract between you and Comcation. They explain Comcation's obligations to you, and explain your obligations to Comcation when you use the Access Service. By using Comcation's Internet Access Service, you agree that your use of the Access Service and your access to the Internet is provided in consideration of your agreement to abide by these following terms and conditions.

I. Terms of Internet Access Agreement.

1. To make your use of the Access Service as enjoyable as possible, in addition to the terms and conditions of this Agreement, Comcation requires its subscribers to abide by the rules of conduct described in Comcation's Online Policies. You agree to abide by Comcation's Online Policies and agree that those policies are incorporated into this Agreement by reference. Please take the time to familiarize yourself with those policies.

2. Current Account Charges, including billing methods, rates, and surcharges for using the Access Service, may be found in Comcation's Online Policies or may be obtained by calling Comcation's Customer Service at 215-489-8875.

3. You agree that Comcation may: (1) revise the terms and conditions of this Agreement; (2) revise its billing rates and account surcharges, and; (3) revise the services provided under this Agreement at any time. Any such revisions will be binding and effective immediately on posting the revised Agreement on Comcation's home page, or on notification to you by e-mail or United States mail.

4. You agree to review the Agreement periodically to be aware of any such revisions. If any revision to this Agreement is unacceptable to you, you may terminate this Agreement at any time by providing Comcation with written notice by United States mail. Notice of your termination will be effective on receipt by Comcation.

5. You agree that, by continuing to use the Access Service following notice of any revision to the Agreement, you accept any such revisions and agree to abide by any such revisions.

II. Registration Information.

1. You agree to provide Comcation with accurate, complete, and updated registration information. If you do not provide Comcation with accurate registration information, you are not authorized to use the Access Service and your account may be terminated immediately.

2. YOU AGREE THAT BY USING THE ACCESS SERVICE YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

III. Internet Access Service.

1. Comcation's Internet Access Service will provide you with: (1) unlimited interactive connectivity to the Internet through Comcation's Internet Access Service; (2) no cancellation fees; (3) free customer technical phone support; (4) fully licensed Internet access software, and; (4) ISDN Internet access.

2. The Internet is not owned, operated, or managed by, or in any way affiliated with Comcation or any of Comcation's affiliates. The Internet is an international computer network of both Federal and non-Federal inter-operable packet switched data networks. Comcation cannot and will not guarantee that the Access Service will provide Internet access that is sufficient to meet your needs. You agree that your use of the Access Service and the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.

3. You agree that Comcation retains the right, but not the obligation, to restrict or terminate your Access Service at any time, if Comcation, in its sole discretion, determines that you are in violation of this Agreement. You agree that, if Comcation determines that you are in violation of this Agreement, any restriction or termination of your Access Service will be effective immediately, without prior notice. You agree that Comcation will have no liability to you for any restriction or termination of your Access Service pursuant to such violation.

IV. Content of Communications.

1. The Access Service provides you access to information, communications, software, photos, video, graphics, music, sounds and other material and services located both on Comcation's computer servers and on the Internet ("Content"). You agree that you must evaluate and bear the risks associated with the subject matter, accuracy, completeness or usefulness of any Content available to you on or through the Access Service.

2. You agree that Comcation has the right, but not the obligation, to remove Content from Comcation's computer servers which Comcation, in its sole discretion, determines to be in violation of this Agreement or Comcation's Online Policies.

3. As a matter of policy, Comcation does not pre-screen Content placed on Comcation's computer servers by any of its subscribers. Comcation does not have the practical ability to monitor, review, or restrict, prior to its transmission, Content on Comcation's servers which may violate this Agreement or Comcation's Online Policies. In addition, Comcation cannot ensure the prompt editing or removal of any Content which may violate this Agreement or Comcation's Online Policies after such Content has been posted on Comcation's servers.

4. The Internet provides access to individuals who are not Comcation's subscribers. Comcation does not have the capability to monitor, review, or restrict any Content made available by third parties on the Internet, nor to edit or remove any such Content after its posting on the Internet.

5. Please be advised that, despite Comcation's efforts, you may receive Content which you consider to be inaccurate, defamatory, or otherwise offensive. You agree that Comcation will not be liable for any action or inaction with respect to any Content posted on or through the Access Service and the Internet.

V. Copyright and Other Rights.

1. The Access Service provides access to Content that is protected by copyrights, trademarks, intellectual property rights, and other proprietary rights ("Rights") of independent third parties who make such Content available on or through the Access Service.

2. You agree that your use of Content shall be governed by all applicable laws and regulations, and by the specific restrictions placed on such Content by the owners or licensors of the Rights in such Content.

3. You agree not to post or transmit Content that is subject to another party's Rights, on or through the Access Service, without that party's express permission. Such posting or transmitting: (1) will result in termination of this Agreement, and; (2) may result in civil or criminal liability.

4. You agree to upload to software files, message boards, or otherwise post or transmit on or through the Access Service, only such Content that is not subject to any Rights, unless you have received express authorization to distribute such Content on or through the Access Service by the holder of such Rights.

5. You agree that by posting or transmitting Content to any public area (e.g. public chat rooms, message boards, software libraries) you automatically grant -- or warrant that the owner of such Content has expressly granted -- Comcation the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.

VI. Comcation's Access Service Software.

1. Your use of the Access Service gives you limited rights to use the software through which you access Comcation's Internet Access Service and the Internet (the "Access Service Software"). Comcation grants you a non-exclusive, non-transferable, revokable, limited sublicense to use the Access Service Software for connecting to the Access Service in accordance with this Agreement.

2. You agree that your use of the Access Service provides you access to proprietary features of Comcation's Internet Access Service and of software provided by Comcation's licensors.

3. Comcation and its software licensors have Rights in the Access Service, including but not limited to: software, software documentation, the "look and feel" of the Access Service, Access Service names, subscriber interfaces, and other features.

4. You agree not to copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble any aspect of the Access Service that is owned by Comcation or its licensors.

VII. NO WARRANTY.

1. You agree that your use of the Access Service, the Access Service Software, and the Internet is solely at your own risk. You agree that the Access Service and the Access Service Software is provided on an "as is," "as available" basis without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion.

2. Comcation disclaims any and all loss or liability resulting from, but not limited to: (1) loss of data; (2) loss of software or hardware; (3) loss or liability resulting from access delays or access interruptions; (4) loss or liability resulting from computer viruses; (5) loss or liability resulting from data nondelivery or data misdelivery; (6) any other loss or liability resulting from the negligent acts and/or omissions of Comcation or Comcation's subscribers; (7) loss and liability resulting from any errors, omissions, or misstatements in any and all information, goods, or services obtained on or through the Access Service, and; (8) loss or liability resulting from acts of God.

3. You agree that Comcation's entire liability, and your exclusive remedy, with respect to your use of the Access Service, your use of the Access Service Software, and any breach of this Agreement is solely limited to the amount you paid to use the Access Service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, Comcation's liability is limited to the extent permitted by law.

VIII. Indemnification.

1. You agree to defend, release, indemnify, and hold Comcation, its affiliated companies and licensors, harmless from all liabilities, claims and expenses, including without limitation reasonable attorneys fees, arising from breach of the Agreement by use of, or in connection with the posting or transmission of any content by or through your account on the Access Service.

2. You agree that Comcation has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you pursuant to Paragraph 1 of this section. In such event, you shall have no further obligations pursuant to Paragraph 1 of this section.

IX. Termination.

1. You agree that you or Comcation may terminate this Agreement for any reason at any time.

2. You agree that your only right with respect to any dissatisfaction with any: (I) Agreement term, policy, or practice of Comcation in operating the Access Service; (II) Content available on or through the Access Service or change therein; or (III) amount or type of fees or billing methods, or change therein, is to terminate this Agreement as set forth in Paragraph 1.

3. You agree that Comcation has the right, but not the obligation, to delete all program, data, or other files on Comcation's computer servers that are associated with your account at the time of termination.

4. Only the person whose name is on the account will be able to

(A) Change User ID and/or Password

(B) Cancel an existing account

X. Law.

1. You agree that this Agreement and Comcation's Online Policies comprise the entire understanding between Comcation and you, and supersede any prior agreements between you and Comcation with respect to the subject matter of this Agreement.

2. You agree that, if any portion of this Agreement or Comcation's Online Policies is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining portions will remain in full force and effect. The Agreement will be governed by the laws of the Commonwealth of Pennsylvania, excluding its conflicts of law rules. You and Comcation each submit to the exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts of the Commonwealth of Pennsylvania.

Comcation's Online Policies

Comcation's dedication to customer service means that Comcation strives to maintain an Internet Access Service ("Access Service") that provides Comcation's customers with an enjoyable Internet experience, an experience that is free from interference by persons who use the Access Service in an improper or unlawful manner.

Comcation’s Online Policies address frequently asked questions regarding proper online conduct. These policies include information on: Comcation’s Account Charges; the Content of the Online Material that you may find on or through the Access Service; purchasing Online Goods and Services through the Access Service; and how to report complaints regarding a person’s online conduct by using Comcation’s Complaint Response Procedures.

Comcation's Online Policies, including the following list of Prohibited Activities, are part of your subscriber agreement. If you restrict or inhibit any other subscribers' use or enjoyment of the Access Service by engaging in any of the activities prohibited below, Comcation may suspend or terminate your account.

As explained in your subscriber agreement, your use of Comcation's Internet Access Service must be governed by all applicable laws and regulations, including all applicable local, state, national, and international laws and regulations. In addition to other applicable laws, this includes all laws relating to copyright, trademark, obscenity, defamation, the right of privacy, false advertising, and fraud.

In addition to such laws and regulations, when using the Access Service you must use your best efforts to avoid interfering with any other person's use and enjoyment of the Access Service. You must also ensure that your use of the Access Service is governed by the rules of proper Internet conduct.

Please use your best judgment, be respectful of other subscribers, and take the time to review the activities listed below. These activities are not proper Internet conduct and are prohibited activities on Comcation's Internet Access Service. Following these rules will ensure that everyone has an enjoyable Access Service experience.

1. INTERACTIVE USE.

(a) Use of the Access Service by non-dedicated access Customers must be "interactive." For all purposes of these Online Policies and Service Agreement, the Customer agrees and understands that "intreactive" means that, (1) the Customer must be physically present in front of the computer or terminal; and, (2) the Customer must, at least once every 20 minutes, enter a command by direct physical contact with the computer keyboard or mouse.

(b) If Comcation has reason to believe that a Customer is not using the Service on an "interactive" basis then, in that event, Comcation may, at its sole option, and without further notice, cancel Customer's access, or suspend Customer's access until such time as Customer proves to Comcation's sole satisfaction that Customer's use of the Service was in fact "interactive" at all times. In addition to the above, if the connection to Comcation's Service has no real activity directly from the user for a period of 20 minutes, Comcation may disconnect services and end the session.

2. PROHIBITED ACTIVITIES.

For purposes of the Prohibited Activities, the term "information" means material of any type capable of being posted or transmitted on or through the Access Service, including material in print, graphic or pictorial form.

When using the Access Service:

(a) Defamation. You agree not to post or transmit on or through the Access Service any information that is defamatory with respect to a person, business, or other entity, product, or service.

(b) Fraud. You agree not to post or transmit any fraudulent information on or through the Access Service. This mean any information that you know or have reason to know is false, and that you intend for others to rely on.

(c) False Advertising. You agree not to post or transmit on or through the Access Service any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.

(d) Unsolicited Advertising. You agree not to post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other Subscribers, individuals, or entities, except in those areas (e.g., the classified areas) that are designated for such a purpose.

(e) Copyright Violations. You agree not to post or transmit on or through the Access Service any information that infringes another person's or entity's copyright in all or any part of the information.

(f) Trademark, Service Mark, and Trade Dress Violations. You agree not to post or transmit on or through the Access Service any information that infringes another person's rights in its trademark, trade dress, or service mark.

(g) Trade Secret Violations. You agree not to post or transmit on or through the Access Service any information that reveals trade secrets belonging to another person, business, service, or other entity.

(h) Obscenity. You agree not to post or transmit any obscene or sexually explicit images or other content on or through the Access Service.

(i) Harassment, Threats, and Abuse. You agree not to use the Access Service to harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or discomfort to any person or entity, by any means, including the use of vulgar, hateful, racially, ethnically, or otherwise objectionable information.

(j) False Pretenses. You agree to not use the Access Service to impersonate any person, including but not limited to, an Comcation official or an information provider, guide, or host, or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication, including, but not limited to, screen names, subscriber profiles, chat dialogue, and message posting.

(k) Chain Letters. You agree to not post or transmit chain letters, or letters or messages that offer a product or service based on the structure of a chain letter, on or through the Access Service.

(l) Inappropriate Content. You agree not to post or transmit on or through the Access Service information that is patently inappropriate material, e.g., information or topics not related to the topics focused on by the participants in a particular news group or mailing list.

(m) Scrolling. You agree not to cause the screen to "scroll" faster than other Subscribers or users are able to type to it, or any action to a similar disruptive effect on or through the Access Service;

(n) Disruptive Activities. You agree not to use the Access Service to disrupt the normal flow of online dialogue, or otherwise act in a manner that negatively affects other Subscribers, users, individuals, or entities.

(o) Violations of Service Providers' Rules. You agree to not use the Access Service to violate any operating rule, policy, or guideline of any other online service provider or interactive service.

(p) Multiple Access. You agree that this Agreement is not transferable. You agree not to simultaneously access the Access Service for more than one session at any time.

(q) Abuse of Comcation's Procedures. You agree not to make false or unverified complaints against any Comcation subscriber, or otherwise abuse any of Comcation's Complaint Response Procedures.

(r) Systems Abuse. You agree not to abuse Comcation’s system by causing any harm to the system so that it inhibits other users ability to effectively use the system.

(s) SPAM. Post or cross post, regardless of content, of the same message to 20 or more newsgroups or email addresses.

(t) Bulk Email. Post, regardless of content, of the same message to 20 or more email addresses.

3. CONTENT OF ONLINE MATERIAL.

Comcation's Internet Access Service provides access to information, communications, software, photos, video, graphics, music, sounds, and other material and services located both on Comcation's computer servers and on the Internet ("Content"). You should be aware that the Internet contains Content, goods and services that you may find improper, obscene, or otherwise offensive. Such Content may not be appropriate for you or for any minors who may be accessing the Internet through your account.

As a matter of policy, Comcation does not pre-screen Content placed on Comcation's computer servers by any of its subscribers. Comcation does not have the practical ability to monitor, review, or restrict, prior to its transmission, Content on Comcation's servers which may violate Comcation's rules, nor can Comcation ensure prompt editing or removal of actually or potentially violating Content after such Content has been posted on Comcation's servers. You may, therefore, receive offensive and unsolicited Content that Comcation cannot control.

Although Comcation retains the right to remove Content from Comcation's computer servers that violates its subscriber agreement, the Access Service provides access to users who are not a part of Comcation. Comcation does not have the capability to monitor, review, or restrict any Content made available by third parties on the Internet, nor to edit or remove any such Content after its posting on the Internet.

Accordingly, Comcation cannot be responsible for any conduct, Content, goods, and services available on or through the Access Service. Comcation suggests that concerned parents consider using one of the commercially available programs capable of restricting access to sexually explicit material on the Internet. Comcation recommends the installation of "SurfWatch," which is now available at computer stores. However, no parental control software is perfect. Your use of such software is solely at your own risk. Comcation makes no warranties or representations as to the accuracy, completeness, or usefulness of any parental control software or service.

4. PRIVACY OF COMMUNICATIONS.

Comcation intends to respect its Subscribers' privacy and will not randomly monitor or disclose the contents of private e-mail or private chat room communications. However, you agree that Comcation has the right, but not the obligation, to monitor or disclose the contents of private communication, if Comcation, in its sole discretion, reasonably believes that such action is necessary: (1) to comply with applicable law or valid legal process; (2) to protect Comcation's rights or property; or (3) in emergencies when a person's physical safety is at issue.

5. ONLINE GOODS AND SERVICES.

Comcation does not control, provide, operate, or take responsibility for any Content, goods, or services available on or through the Access Service. You may receive blind opportunity advertisements, pyramid schemes, and other "get rich quick" schemes on or through the Access Service. These should be avoided or approached with ample skepticism.

All such Content, goods, and services are made available by independent third parties and are not part of Comcation or controlled by Comcation. Please remember that Comcation does not endorse, warrant, or guarantee the accuracy, completeness, usefulness, quality, or availability of any Content, goods, or services available on or through the Access Service, and your use thereof is solely at your own risk.

You should use your best judgment and exercise caution when purchasing a product through the Access Service. Comcation will not be a party to, or in any way be responsible for, monitoring any purchases or other transactions between you and any other persons providing Content, goods, or services on or through the Access Service. Comcation assumes no responsibility for any such transactions and will not mediate disputes relating to such transactions. Comcation disclaims any responsibility for any such transactions even where the Access Service features or displays a link with a particular World Wide Web site.

By using the Access Service you agree that neither Comcation nor its affiliates shall be held responsible or liable, directly or indirectly, for any loss, liability of any nature, or damage caused, or alleged to have been caused by your use of, or reliance on, any Content, goods, or services available on or through the Access Service.

6. ACCOUNT CHARGES.

Your recurring account charges are payable in advance. However, no cancellation fees will apply if you terminate your account and provide 30 days advance notice. If you terminate your personal dial-in or personal email account, you will receive a prorated refund for any unused access time credited to your account, subject to 30 days advance notice. All other account types are ineligible for refunds

You are responsible for all activities and charges associated with your account. If any unauthorized charges are made on or through your account, you are responsible for such charges until you notify Comcation of a breach of security by calling Comcation at 215-489-8875 and change your password.

If you pay by credit card, you expressly authorize Comcation to charge the credit card account number associated with your Account for any Access Service charges that accrue from month to month. You reauthorize Comcation to charge your designated credit card account each time you use the Access Service. This authorization will remain valid until you terminate your authorization in writing. Comcation may immediately terminate your account, in Comcation's sole discretion, for declined credit cards, returned checks, or any other non-payment of account charges.

A billing cycle will begin on the date you begin using the Access Service and will continue for one month from that date. A new billing cycle will begin on the first day of each month, or on the day of the month on which you began using the Access Service.

If you pay other than by credit card, your account charges are due on your receipt of an invoice, and payment of your account charges must be received by Comcation prior to the first day of each billing cycle. Only accounts with monthly invoices of more than $50.00 can be invoiced. Your account will be considered to be in default if payment of your account charges is not received within fifteen (15) days after the date of your invoice. If your accounts is still unpaid thirty (30) days after the date of your invoice, you may have your Access Service interrupted or terminated.

If any instrument received in payment is returned to Comcation unpaid, your account will be considered to be in default, and in addition to the amount due, you will be subject to a returned check charge of $25.00. If your account is cancelled or interrupted for non-payment, you must continue to pay your monthly account charges. Only your written request to terminate your account will relieve you of your obligation to pay your monthly account charges.

If your account is in default, you are subject to an interest charge of 1.5 percent per month, or the maximum allowable rate under state law. If you default on your account, you agree to pay Comcation its reasonable expenses, including attorneys' fees and collection agency fees, incurred in enforcing Comcation rights under Comcation's Internet Access Agreement.

7. COMCATION'S COMPLAINT RESPONSE PROCEDURES.

Comcation's dedication to customer service means that Comcation takes seriously and responds to all complaints about its subscribers' use of the Internet. This means complaints by both Comcation's subscribers and complaints by other Internet users. Comcation believes that its customers should be able to enjoy full use of the Internet without interference by persons who use the Internet in an improper or unlawful manner.

Comcation will respond to any complaint that involves online activities that are Prohibited Activities under the Comcation's Online Policies.

Comcation will follow the Complaint Response Procedures described below to respond to complaints from subscribers and others about Comcation's subscribers. Under these procedures, Internet users -- including Comcation's subscribers -- are responsible for monitoring use of the Internet by others. Comcation will issue warnings to its subscribers, suspend subscribers' accounts and even cancel accounts when it learns of continuing improper activities.

If you have any questions regarding these policies, you can call Comcation's Customer Service Department at 215-489-8875.

How to Submit a Complaint:

1. Form of Complaint

Complaints may be submitted in any form: by e-mail (abuse@Comcation.Net), fax, or mail.

2. What Information Should be Submitted

If you register a complaint with Comcation's Customer Service department, you should submit the following information:

• The online i.d. of the Comcation subscriber involved, and if possible, any other information about the subscriber, such as his or her name and address;
• A detailed description of the activities involved;
• If possible, the specific category or categories of Prohibited Activity you believe is involved in the activities;
• The dates the activities took place, e.g., the date information was posted.

SALES AND SUPPORT: (215) 489-8875; FAX: (215) 489-8867;

EMAIL: hosts@comcation.net

By subscribing to Comcation's Internet Services you acknowledge that you have read, agree, and abide by the terms and conditions of Comcation's Internet Access Agreement. You also certify that you are 18 years of age or older.

Copyright © 1994-1998 COMCATION® INC. All rights reserved.

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