Coast to Coast Telecommunications, Inc. Internet Service Agreement

V1.0, August, 1996

Coast to Coast Telecommunications, Inc.

Customer Terms and Conditions for Internet Access Services.
This agreement represents the complete agreement and understanding between Cosat to Coast Telecommunications, Inc. (hereinafter called COAST) and Customer and supersedes any other written or oral agreement. Upon notice published on-line via COAST, COAST may change these terms and conditions, and/or change the prices charged for these services, and/or discontinue or change the services offered.
Account and Acceptance
  1. Customer's Internet access account will not be enabled until this form is received from Customer at the offices of the Corporation. The agreement form must be signed and dated by Customer and by Customers' parent or legal guardian if Customer is under 18 years of age.
  2. This agreement shall remain in effect until Customer terminates his/her account or COAST cancels Customer's account. COAST may occasionally require new registration and account information by Customer to continue this service. In addition, Customer shall notify COAST in writing or by email of any changes in the account information, such as address or phone number.
  3. COAST reserves the right to change the terms and conditions by notifying Customer in writing or by email at least 30 days in advance of the effective date of the change. Use by Customer after the effective date constitutes acceptance of the new terms and conditions. If customer does not agree to the new terms and conditions, Customer may cancel this agreement at any time by giving COAST proper written notice in accordance with the terms and conditions stated herein.
  4. COAST also reserves the right to terminate an account at any time for any reason.
Billing/Terms/Termination
  1. COAST will bill Customer monthly subscription and connection fees as set forth in COAST's current rate schedule. The rate schedule may be modified by COAST at any time. Current customers shall be provided written notice either via electronic-mail, US-mail, or electronic posting 30 days prior to being subjected to changed service pricing.
  2. Customers are required to pay applicable connection fees and pro-rated portions of services for the current calendar month at the time of sign-up. COAST reserves the right to determine pro-rated fee schedules and the applicability of their use. The COAST accounting cycle begins on the fist day and ends on the last day of each calendar month. Customer time accounting begins at the first successful login.
  3. Customer understands that hours used in excess of Customer's base plan alottment result in hourly charges as stated on the service pricing schedule.
  4. Service payments must be submitted in advance of receiving services. COAST will deliver invoice information through US-mail on the first calendar day of each month. Accounts are classified delinquent if payment has not been received by the fifteenth day of each calendar month. Delinquent accounts are administratively suspended until payment is received and will incur a $5.00 re-connection charge.
  5. Accounts that are delinquent on the last working day of the month automatically have their files archived and e-mail discontinued. Re-activation of the account will result in a re-connection fee of one-half the current new-subscriber connection fee as stated on the service pricing sechedule. Files of delinquent accounts will be purged on the last calendar day of the second month in which the account continues to be delinquent.
  6. COAST accounts continue to accrue charges while they are administratively suspended. Accounts will cease to accrue charges once the account has been brought current, or proper notice of termination has been received by COAST and the remaining account balance has been settled.
  7. COAST accepts all standard forms of payment: cash, money order, personal checks, and all major credit cards. A $25.00 service charge will be applied to each returned checks. A $5.00 service charge will be applied to denied or expired credit cards. Repeated instances of credit card denials or returned checks may, at the descretion of COAST, result in Customers being required to use an alternate form of payment.
  8. Termination requests for COAST accounts must be received in writing via email, fax, or postal service at COAST's main office. Accounts will be terminated within one working day after the receipt of such requests. Customers may request specific dates of termination. If Customer so requests, COAST will forward email to Customer's new email address, if any, for thirty days after termination.
  9. Customer is responsible for all fees up to the date of termination of the service, except where COAST is unable to provide services under this agreement through its own negligence.
  10. Customer may change service plans by providing notice in writing via electronic or postal mail no later than the 20th day of the calendar month. Changes to service plans take effect on the first day of the following calendar month.
  11. All e-mail correspondence regarding account billing information, service plan changes, and account termination should be directed to service or .
Provision of services
  1. COAST will provide services on its host computing systems to individual customers in exchange for payment of fees and compliance with the terms and conditions of this document. COAST services are defined as the use by Customer of computing, telecommunications, software, and information services provided by COAST. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the world-wide computer network known as the Internet.
Appropriate Use of Internet Access Accounts
  1. COAST Internet access accounts are solely for the individual use of the Customer entering into agreement for services. Customer therefore agrees not to share the password of the account with others, including but not limited to other family members or business associates. Customer may install provided software on more than one computer system, so as to allow the Customer to access the service from more than one location. However, Customer acknowledges that only one concurrent access is permitted at a time.
  2. Customer agrees to maintain a secure password to the account.
  3. Customer agrees not to use any COAST services to obtain the passwords of customers on COAST or other systems. Customer agrees not to use COAST services to make unauthorized attempts to access the systems and networks of others.
  4. Customer agrees not to employ their Internet access account for any purposes which violate Local, State, or Federal statutes. Examples include, but are not limited to, copyright infringement, software piracy, violations of local obscenity ordinances, fraud, theft, or harrassment. COAST will co-operate fully with law enforcement agencies in investigations where reasonable evidence is shown of activity which violates the above constraints.
Abuse of COAST Services
  1. Customer agrees to use the services provided by COAST as permitted by applicable local, state, and federal laws. Customer agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law.
  2. Customer agrees to refrain from mass posting of the same message to many inappropriate Usenet newsgroups (spamming). Customer agrees to refrain from mass, unsolicited emailings. Customer agrees to post advertisements only where appropriate in venues that specifically encourage or allow advertising. Customer agrees to respect the conventions of the newsgroups, lists and networks to which the customer is posting, including rules more restrictive than but not limited to the above.
  3. Customer agrees to abide by COAST's interpretation of the above. If Customer needs help interpreting or applying these rules, Customer should ask COAST support staff (service) for assistance.
  4. Any use of COAST system resources that disrupts the normal use of the system for other COAST customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, and staying attached to modems while not really "active" on the line.
  5. Depending on the nature and the severity of the abuse, the user may receive an email warning, have their processes halted, or have their account suspended by COAST Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with COAST Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the COAST Operations Manager, and may require the payment of a service reconnection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the COAST Operations Manager.
Discovering and Reporting Abuse
  1. Violations of the COAST conditions of use are unethical and may in some cases be criminal offenses. You are expected to report to COAST any information you may have concerning instances in which the conditions of use have been or are being violated. When COAST becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, COAST may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the COAST Operations Manager, and may also require payment of a reconnection charge.
  2. COAST reserves the right to monitor Customer's actions when this is necessary to determine whether or not Customer is violating the conditions of use.
Adult Content
  1. COAST exercises no control over and assumes no responsibility for the content of materials accessed through COAST. Some materials may be offensive or adult in nature. Customers less than 18 years of age must have a parent or legal guardian co-sign this agreement, verifying that the parent or legal guardian understands that Customer will have access to such materials and accepts responsibility for monitoring and/or controlling such access.
  2. Customers desiring to include "Adult Oriented" content or links to "Adult Sites" on their personal/commercial WEB pages are required to provide some type of access shield, ie..Adult Check, First Virtual,... to preclude minors from gaining access.
Warranties
  1. COAST makes no warranties of any kind, whether expressed or implied, for its services. COAST specifically disclaims any implied warranties of merchantability or fitness for any particular purpose. COAST will not be responsible for any losses or damages resulting from delays, nondeliveries, misdeliveries, service interruption, or Customer's errors or omissions. COAST will not under any circumstances be responsible for consequential damages.
Jurisdiction
  1. The validity, construction and performance of this agreement shall be governed by the laws of the State of Michigan and Coast to Coast FCC or Public Service Commission Tariff filling. The Tariff filling shall prevail over this agreement.
Severability
  1. If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this agreement will remain in full force and effect.
Effective date
  1. This agreement shall become effective when Customer's net access is enabled. Use of COAST services by Customer constitutes consent to and acceptance of the terms and consitions set forth in this agreemnet.
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