USE AGREEMENT AND SUBSCRIBER RESPONSIBILITY POLICY FOR Desert Wireless Internet Service Provider dwisp.net, www.dwisp.net PO Box 1808 Victorville, CA 92393-1808 Office 760-245-1161 Fax 760-843-7498 GENERAL USE AGREEMENT The following use agreement and subscriber's responsibility is entered into by DWISP Internet Services, also known as Desert Wireless, DWISP and dwisp.net, and any subscriber using the Internet connection supplied by DWISP Internet Services. If any subscriber does not wish to enter into this agreement or the agreement is unacceptable, they should return all disks and materials supplied by DWISP to PO Box 1808, Victorville, CA 92393-1808. Subscribers are also required to remove any files from their computer immediately that may have been installed by the DWISP disks and instructions. DWISP Internet service is provided on an as is, as available basis. No warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to DWISP or any information or software therein. The customer releases DWISP from and DWISP shall have no liability of responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the DWISP services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by DWISP's own negligence. Without limiting the generality of the foregoing, DWISP disclaims to the full extent permitted by applicable law any responsibility for, and under no circumstances shall be liable for, any conduct, content, goods and services available on or through the Internet or the DWISP services. In no event shall DWISP's aggregate liability exceed the amount paid by you to DWISP for the DWISP services. Use of any information obtained via DWISP's Internet service is at the user's own risk. DWISP specifically disclaims any responsibility for the accuracy or quality of information obtained through its services. Any illegal activity of any type will cause immediate cancellation of a user's account. Storage of unlicensed software or unauthorized advertising is strictly prohibited. Illegal or unauthorized access and use of data on the network is prohibited. Giving, loaning or in any way permitting another person to use an account or password assigned to a user is strictly prohibited. Only persons 18 years or older may subscribe to DWISP services. Any violation of these agreements will result in an immediate cancellation of user's account and possible legal action. RESELLING DWISP SERVICES All hosted web site information is subject to DWISP scrutiny. The sale of any advertising or other site information on personal or business web sites or advertising of any nature is not allowed without the approval of DWISP management. DWISP reserves the right to cancel the use of the Internet service connection through DWISP to anyone who fails to follow this acceptable use policy. Likewise, the distribution in any way to anyone other than the DWISP customer who has purchased the account, of a customer's username or password is prohibited. Any customer who is found to violate this portion of this agreement will be responsible for an additional minimum of at least one complete Internet account. This account will be charged to the customer's account and due and payable at the time the account has been deemed distributed to other users. Final judgment will rest with the Operations Manager who monitors account activity. This is a strict violation and will not be handled in a light manner. NEWS GROUPS AND CHAT LINES Subscribers may find that news groups and or chat lines contain uncomfortable content. It is solely at the subscriber's discretion to logon to or participate in news groups. It is also the responsibility of the subscriber to limit or supervise the use of these sites by their children or minors. DWISP accepts NO RESPONSIBILITY for the content or images that may be found on these sites. INVOICING PROCEDURES & CREDIT CARD CHARGES DWISP will e-mail invoices for those customers not on automatic Credit Card billing, on or about the 15th of the month. All payments are due on the 1st day of the coming month. Subscribers will be allowed a 5day grace period. If payment is not received by the 5th of the month, the account will be considered past due and subject to interruption and a reconnection fee. Automatic credit card payments will be charge on or about the 30th day of the month. Users acknowledge that their credit card will be automatically charged when they subscribe to DWISP online through the DWISP web site (dwisp.net). If users are not sure if their card has been charged, it is their responsibility to contact the office to verify the charge has been made. Charges are non-refundable if the users account has been added to DWISP system. If DWISP is unable to process the credit card during monthly automatic billing, an e-mail courtesy notice will be sent. Payment must then be made by 5pm on the 5th to avoid interruption of service and a reconnection fee. Monthly service fees must be paid on time to avoid an interruption in service. LATE FEES, SERVICE CHARGES, AND RECONNECTION FEES DWISP reserves the right to collect a late fee of 10% of the unpaid balance per month for late payments. A service charge of $50.00 will be assessed for accounts sent to collection. Reconnection for accounts sent to collection require that all fees will be paid in full, and a reconnection fee of $25.00 to be paid prior to reconnecting any account that has been disconnected for any reason. CAMPING, BOTS AND E-MAIL Camping is construed as staying connected for an extraordinarily extended time and holding the line open without activity. Using robots or storing them on the DWISP server is prohibited. Impersonating other users by forging an email address is prohibited. Sending unsolicited email or harassing subscribers with said non-requested email is prohibited. Use of dialup connections are not intended to be full-time dedicated connections and will be disconnected after 25 minutes of inactivity. The customer is responsible for downloading email and reading it off-line. UNACCEPTABLE CONDUCT The following types of conduct are grounds for immediate suspension of service pending investigation by DWISP and may result in termination of the account or accounts in which the investigation determines to have originated or transmitted these types of traffic. In addition, DWISP reserves the right, where feasible, to implement technical mechanisms which block multiple postings by DWISP customer as described below before such postings are forwarded: a.Posting a single article or substantially similar article to an excessive number of newsgroups or continued posting of articles that are off-topic. b.Sending unsolicited mass emailings that provoke complaints from the recipients. c.Engaging in either (a) or (b) from a provider other than DWISP and using an account on DWISP as a mail drop for responses, or to draw attention to a web site housed within DWISP's network. d.Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by ezconnex. e.Mail bombing, i.e., sending large volumes of unsolicited e-mail to individuals or to individual business accounts. f.Impersonating another user or otherwise falsifying one's user name in email. Usenet posting, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.) g.Privacy violations; Attempts, whether successful or not, to gain access to any other system or users' private data without expressed consent of the user. h.Use of IRC bots or clonebots on DWISP, whether on IRC servers controlled by DWISP or by other parties. An IRC bot is a program that runs and is connected to an IRC server 24 hours a day, automatically performing certain actions. i.Network unfriendly activity: Attempts to interfere with the regular workings of DWISP's system or network connections or which adversely affect the ability of other customers or systems to use DWISP services or the Internet, including, but not limited to: 1.any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other DWISP system; 2.any use of this or any other DWISP system as a staging ground to disable other systems. RIGHT TO DISCONNECT ACCOUNTS DWISP Internet Service interactive usage dial-up connections are not intended to be full-time dedicated connections and will be disconnected after 25 minutes of inactivity. Accounts are limited to 150 hours per month. Monthly thresholds for hours used apply. Usage over monthly threshold billed at the hourly rate of $0.95, prorated to the nearest minute. The customer agrees not to use any automatic method to avoid disconnection, to keep the connection active only when the customer is actively using it, and not to provide public information services over the connection. DWISP reserves the right to impose a restriction on accounts it deems to be in violation of these conditions. MONITORING AND PRIVACY DWISP reserves the right to monitor any and all communications through or with DWISP facilities. The customer agrees that DWISP is not considered a secure communications medium for the purpose of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for DWISP employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred DWISP also reserves the right to access a customer's mailbox or other files stored on DWISP systems to resolve system problems or mail system error. CONFIDENTIALITY OF PERSONAL SUBSCRIBER INFORMATION AND CO-OPERATION WITH AUTHORITIES DWISP will not release a customer's personal subscriber information, or a customer's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction or to our collection company as deemed necessary. The customer agrees that DWISP'sjudgment as to the validity of any court order of subpoena shall be considered proper and final. Furthermore, DWISP reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence or other illegal activity. RIGHT TO SUSPEND OR CANCEL ACCOUNT OR TO COLLECT DAMAGES DWISP reserves the right to suspend or cancel service to a customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided. DWISP will also determine if a customer is performing activities harmful to DWISP or its customers, employees, vendors, business relationships or any other users of the Internet and exercise their option to cancel the users account. DWISP reserves the right to collect damages for software, hardware, equipment and or man hours if any harm is done to DWISP it's equipment or servers which requires repair or reconfiguration of any kind. CANCELLATIONS AND REFUND POLICY Upon the written request of the subscriber, service will be discontinued. Service will be disconnected the last day of the month and a subscriber's service will continue to the last day of the month. There will be NO refunds for partial months used even if the subscriber does not choose to use the service to the end of the month. Failure to use this account does not relieve the user of the responsibility of payment for the duration of the subscribed time. The ONLY refunds awarded will be for months paid in advance but not yet used. Refunds for unused months service will be permitted if the subscriber contacts the DWISP office prior to the 28th day of the month. Cancellation must be made in writing by email to billing@dwisp.net, US Mail to PO Box 1808 Victorville, CA 92393 or by fax at 760-843-7498. Cancellation notices must arrive by the 28th to avoid responsibility for the next month's service. There are ABSOLUTELY NO exceptions to this policy. Neither DWISP nor its Information Providers are responsible for any damages arising from User's use of DWISP or by User's inability to use DWISP service. DWISP reserves the right to change without notice, the DWISP service, including but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered. These changes will effect no change in any of the use policy listed herein, or the cancellation policy listed herein. Monthly charges must be paid in a timely basis to maintain the user's privileges. Monthly service charges will continue regardless of user's use and continue until DWISP is notified of a cancellation as outlined in the previous paragraph. Payments more than 5 days late will be considered past due. Failure to use the account does not relieve the user of payment responsibilities. An account put on suspension by customer request will alleviate further charges from incurring. Suspensions will be at the discretion of DWISP management. DIAL-UP CONNECTIONS AND PHONE CHARGES There are absolutely no phone charges reimbursed by DWISP to a customer who uses DWISP service by dialing a phone number that is not local to them. DWISP will not reimburse any or any part of phone charges. There are absolutely no exceptions to this policy and it will stand irrefutable. It is the customer's responsibility to select the best dial-up phone number for their usage. Any number dialed by the user out of their local calling area is completely the customer's responsibility. Should the User default on this agreement DWISP may suspend or revoke the User's service privileges and the User may be allowed to reapply for service after all fees have been brought current. The new account will have the same privileges that any other current user has and will be re-established at the current user rate. The User agrees to use mediation or arbitration when called for, rather than court resources if a dispute arises. The Arbitrator or Mediator will be selected by DWISP and from a non-conflicting source doing business as an Arbitrator or Mediator in city described above as the mailing address of DWISP, unless otherwise agreed upon by DWISP. If it becomes necessary to utilize the court system, the User agrees to pay DWISP's reasonable attorney's fees and court costs, where permitted, in collecting the amount due to DWISP. SECURITY The customer is responsible for all use of their account or accounts and confidentiality of passwords, including choosing safe passwords and ensuring file protections are set correctly. DWISP will suspend access or change access to a customer's account or accounts immediately upon realization that the customer's password has been lost, stolen or otherwise compromised. DWISP is not responsible for any usage and or charges prior to DWISP making the necessary account alteration or alterations. Electronic mail on this system is as private as possible. However email may pass through many computer systems, and should not be considered a secure means of communication even with encryption. Backup for customer files residing on DWISP'sserver is the responsibility of the customer and should be stored independently by the customer either on disks or another computer source known to the customer. Loss or corruption of the file or files can occur with power failures and other unpredictable occurrences and DWISP shall be held blameless for any losses or corruption. TRANSFERABILITY OF ACCOUNT OR ACCOUNTS The rights to DWISP services are not transferable. The rights to DWISP services are limited to the individual or business whose name appears on the account registration and in the account billing system. Accounts are not transferable without the permission of DWISP management. A customer may use no more than one log-in session per account at any time. If a customer has multiple accounts, the customer is limited to one log-in session per account at any time. Multiple log-in sessions may result in a cancellation of the accounts by management or charges for additional dial-up accounts at the discretion of DWISP management. RIGHT TO CHANGE SERVICE, SOFTWARE OR HARDWARE DWISP reserves the right to change, without notice, DWISP's service, including, but not limited to access procedures, hours of operation, menu structures, web pages, commands, documentation, vendors, types of hardware, support software, and or services offered without prior notice. DWISP also reserves the right to modify its Use Agreement and policies without prior notice. DWISP will publish online any changes and a customers continued use constitutes acceptance of any new policy modifications. Y2K COMPLIANT STATEMENT All DWISP equipment and software has been upgraded or purchased with Y2K compliance. DWISP assumes no responsibility for any customer's machine, modem, components or software should any problems arise resulting from the change from 1999 to 2000. It is totally and completely the customer's responsibility to bring their equipment up to the Y2K standard. This Agreement Subject To Changes, Modifications, or Additions without Notice. It is the responsibility of the user to make themselves aware of any changes. Office #: 760-245-1161 Tech Support Number 760-245-1860 Tech Support: http://www.dwisp.net/tech.html You may send e-mail to: techsupport@dwisp.net Hours: 10 am 6 pm Monday thru Friday.