Thank you for choosing Sierra Tel Internet. We look forward to providing you with fast, dependable Internet Service. All of our Customers need to agree to our terms and conditions before their account is fully enabled and before using our Services. If you are a DSL subscriber you must also read, sign, and return the STI DSL Agreement to our main office in Oakhurst before we can activate your DSL service. If you are authorizing someone else to order service on your telephone number, you will also need to complete a DSL Permission form and return it with your DSL Agreement.

Sierra Tel Internet (Company), affiliated with Sierra Telephone Company, Inc. (Sierra), offers Internet access to Customers in accordance with the following terms and conditions. By using Company's Internet Services, Customer accepts and agrees to these terms and conditions and further agrees to abide by the terms and conditions of Service as prescribed by the Company from time to time.

BY USING SIERRA TEL INTERNET SERVICES YOU AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD IMMEDIATELY END YOUR USE OF COMPANY'S INTERNET SERVICES AND COMPANY SOFTWARE AND NOTIFY THE COMPANY'S CUSTOMER SERVICE DEPARTMENT TO CLOSE YOUR ACCOUNT. YOU SHOULD RETURN OR DESTROY ALL COPIES OF SOFTWARE PROVIDED BY THE COMPANY INCLUDING THIRD PARTY SOFTWARE DISTRIBUTED BY THE COMPANY. COMPANY MAY CHANGE THESE GUIDELINES AND/OR THE TERMS AND CONDITIONS OF THIS AGREEMENT AT ANY TIME, WITHOUT NOTICE, AND SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT. YOU AGREE TO REVIEW THESE GUIDELINES AND THE TERMS AND CONDITIONS OF SERVICE PERIODICALLY TO BE AWARE OF SUCH CHANGES. YOUR CONTINUED USE OF COMPANY'S SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. IF ANY CHANGE TO THIS AGREEMENT IS NOT ACCEPTABLE TO YOU, YOU AGREE TO TERMINATE YOUR USE OF THE COMPANY'S SERVICES AND YOUR SUBSCRIPTION BY NOTIFYING THE COMPANY'S CUSTOMER SERVICE DEPARTMENT. "SERVICES" REFERS TO ALL SERVICES AND EQUIPMENT PROVIDED BY OR THROUGH COMPANY, INCLUDING WITHOUT LIMITATION INTERNET ACCESS AND THE LICENSING OF COMPANY OR THIRD PARTY SOFTWARE.

Section 1: Promise to Pay

1. With the exception of those using Credit Card payment, Internet Services are invoiced in advance on Customer's monthly Sierra Telephone bill. Payment is due upon receipt of invoice.
2. Company reserves the right to suspend or terminate Customer's account and Services, without further notice, if Customer's account is unpaid 15 days after date of invoice. Such suspension or termination of Services does not relieve Customer of the obligation to pay all of the Customer's account charges.
3. A written request from Customer, given to Company, with 15 days notice, is required to terminate Services.
4. In the event of account delinquency, Customer agrees to pay Company its reasonable expenses, including attorneys' and collection agency fees incurred in enforcing its rights under this Agreement. A reinstatement fee (equal to the setup fee) for the service will also apply.

Section 2: Customer Use

1. Company's Internet access Service may only be used for lawful purposes. Spam, unsolicited messages, and any other form of harassment will not be permitted for any reason. Transmission of any material in violation of any federal or state regulation is prohibited. Company reserves the right to terminate Customer's account without notification in response to the above-mentioned violations.
2. Security probing or security breaking tools are not allowed on any Company-owned systems.
3. Use of robots or any automated software or device to initiate an unattended connection to Company or to maintain an open, unattended connection to Company is not allowed.
4. "Unlimited Access" pertains to attended connections only. A 20-minute inactivity timeout will be set on Standard and Premium dial-up accounts.
5. Customers accessing the Internet through simultaneous dial up connections are required to purchase additional dial up accounts for each simultaneous connection.
6. Although Company offers unlimited access, those users connected longer than 10 hours will be disconnected. Customers may re-dial and connect to Company's Services immediately upon disconnection. Customers requiring connections longer than 10 hours should call Company to upgrade to a dedicated dial-in account.
7. Customer may not re-transmit, re-route, re-direct, or re-sell internet Access by any means, or for any reason. Internet Access is for Customer use only. Customer is prohibited from re-directing or broadcasting Internet access whether via wire-line or wirelessly for any use other than Customers own use. Wireless access points used by Customer must be locked down such that no other person or entity can gain Internet access through Customers wireless access point. Customers not adhering to this policy will have their Internet account shut down immediately. Redistribution accounts are available at an additional cost. Please see our pricing page for details.
   
8. Customers with computers infected with viruses, trojans, mailers, or other malicious code causing a surplus of network traffic will be placed on “limited access.” All Customers placed on limited access are restricted to using webmail for sending email. All Customer accounts remaining on limited access for a period exceeding 60 days will pay an additional monthly surcharge as posted in our pricing page.

Section 3: Email

1. Items in the Deleted Items folder will be deleted every 7 days. For this reason, Company recommends that Customer download mail to Customer PC, rather than saving mail on Company server.
2. Customers subscribing to Company's Junk Email elimination system agree that all junk mail older than 7 days will be deleted from the Company system.
3. Company will use Company email system to correspond with Customer from time to time. For this reason, it is important that Customer check their email on Company system on a regular basis.
4. Customer email accounts are limited to ten (10) megabytes of storage on Company email server.
5. Customer email older than 45 days will be purged from Company's mail server. Customer is fully responsible for downloading or saving any customer email older than 45 days.
6. Company may immediately terminate any account which it determines, in its sole discretion, is transmitting or is otherwise connected with any "spam" or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then Customer agrees to pay Company liquidated damages for each piece of "spam" or unsolicited bulk email transmitted from or otherwise connected with Customer account (see our pricing page). Otherwise Customer agrees to pay Company's actual damages to the extent such actual damages can be reasonably calculated. Customer agrees that Company may charge such damages to Customer's selected Payment Method.

Section 4: Brokering

1. Re-selling of data space on Company servers by Customer is strictly prohibited. A website or server directory is made available to Customer with the expectation it will be used by the Customer and server space may not be re-sold to third parties without the express prior written agreement of Company.
   
2. Customer agrees not to sell or redistribute Internet Services to any third party. Customer also agrees not to sell the Internet Services to any third party which in turn provides, or which could provide, Internet Services to its subscribers as an Internet provider or an Internet Services provider. Customer agrees not to route or redirect any Internet Service or data packet from Customer's site to a third party site. No network routers, switches, access servers, or hubs shall be placed on the Customer's Local Area Network with the intent to redistribute Internet Services from Customer's site.

Section 5: Confidentiality and Privacy Notice

1. While Company will make every effort to keep the personal information of its Customers private, Customer should not consider any communications to be protected or confidential. Company cannot guarantee to keep material stored by Customer completely private, and strongly suggests that Customer encrypt Customer's email and files.

Section 6: No Control Over Content

1. Customer acknowledges that Company exercises no control whatsoever over the content of information, products, or Services passing through Company equipment or facilities. In addition, (in accordance with the "Good Samaritan" provision of the federal Communications Decency Act, 47 U.S.C. § 230) Company is not responsible for the content of any information, products, or services passing through its network whether or not the information originated from one of Company's customers or by another third party. Acquisition or procurement of information, products, or Services through the facilities or Services of Company occurs solely at the risk of Customer; and Company expressly disclaims any responsibility for claims, losses, liability, or damages which any person or entity alleges arises from obtaining or disseminating such information, products, or Services.
2. Company is not liable for any loss of data resulting from delays, nondeliveries, misdeliveries, or Service interruptions caused by Company or anyone else.
3. Company does not provide virus or firewall protection to Customer. Company does not guarantee effectiveness of its email virus protection service. Customer is responsible for installing and maintaining its own virus and firewall protection. Company will not be held responsible for damage to Customer's equipment or data files due to viruses, trojan horses, or other malicious code transmitted via the Company's system.

Section 7: Limitation of Liability

1. In no event shall Company be liable to or through Customer or anyone else for:
   1. any direct, indirect, special, incidental, exemplary, and/or extraordinary or consequential damages of any nature whatsoever even if Company has been advised of the possibility of such (including, but not limited to, lost profits, lost savings, interruption of business, or by reason of mistakes, interruptions, delays, errors, defects in Service, or faulty or misdirected transmission) suffered for any reason by Customer or anyone with respect to Customer's account or equipment;
   2. any damages, loss, or liability suffered by Customer or anyone as a result of any failure of Customer's obligations under this Agreement or applicable law or regulation, or with respect to the Customer's account; or
   3. any claim, action, or proceeding against Customer or anyone by any third party for loss, liability, or damages-any or all of which is based upon, arises out of, or is derived from or otherwise related to the use and/or access which is the subject of this Agreement. Customer's right to use Company's Services and systems is provided "as is" and "when available" and without warranty of any kind or nature, written or oral, express or implied, including without limitation the implied warranties of merchantability and of fitness for a particular purpose.
2. This limitation of warranties was a material factor in the establishment of the fees charged for Company's Services and system and shall survive the expiration or termination of this Agreement.
3. Customer acknowledges that Customer's use of Company's Services and systems and the Internet in general is at Customer's sole risk and no representation or warranty has been made that Company's Services and systems will be uninterrupted or error free.
4. The Company's maximum liability to Customer or anyone using Customer's account for any and all damage, loss, or liability of any kind, including without limitation Company's negligence, shall be limited to the amount paid by Customer to Company for Internet Service charges during the six-month period preceding the claim.

Section 8: Indemnity

1. Customer agrees to indemnify, defend, through attorneys reasonably acceptable to Company, and hold Company, its officers, agents, and employees harmless from and against any claim, damages, loss, proceeding, liability, judgment, settlement, costs, or expense (including reasonable attorneys' fees, fines, and penalties) of every kind and character suffered by Company, its officers, agents, and employees by reason of any breach or alleged breach or failure of any of the agreements, representations, duties, or obligations of Customer under this Agreement.
2. This indemnification obligation shall survive the expiration or termination of this Agreement.

Section 9: Termination

1. Company, without prejudice to any of its other rights or remedies, may immediately and without further notice, terminate or suspend Customer's account and Service and this Agreement for cause, and may delete all data, files, or other information stored with the Company if the use of the Customer's account, does not comply with Company's policies or the terms and conditions of Service; including, but not limited to,
   1. account delinquency or abuse or unlawful use of the Services;
   2. the use of Customer's account disrupts or, in Company's reasonable judgment, could disrupt Company's business operations; or
   3. Customer or any entity in which Customer has an interest offers products or Services that compete with products or Services offered by Company or any of its affiliates.
   4. Company may at Company's discretion deny Internet access to those Customers who use Company's network to store, post, transmit, display, or otherwise make available obscene, defamatory, trade libelous, harassing, abusive, or threatening language.
   5. Customer's Internet access may be terminated by Company without notice if Customer breaks copyright law by posting or sharing copyrighted material.
      
2. In addition to the foregoing, Company may terminate this Agreement without cause, upon 30 days written notice to Customer.

Section 10: General

1. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.

Section 11: Customers Requesting KidsNet

1. The Sierra Tel Internet KidsNet web and email filtering Service is designed to block most pornography, violence, filthy language, and other undesirable web content from your web browser and email client; however, like any automated system it may have flaws.
2. Company does not guarantee the effectiveness of the KidsNet web and email filtering Service, nor will it be held responsible for any undesirable content that may not be successfully filtered by the KidsNet system.

Section 12: Customer Age Requirement

1. Customer represents and warrants that Customer is over 18 years of age, that Customer has read this Agreement and Customer accepts and agrees to all of the terms and conditions of Service as set forth above.

Section 13: Verify Your Local Dial-Up Access Number With Your Local Telephone Company

1. Company is not liable for long distance telephone charges incurred by Customer.
2. Customer is responsible for verifying that the access numbers Customer uses to connect to the Internet are local and toll-free telephone numbers.

Section 14: Services and Pricing

1. To see Services and Pricing, please visit our pricing page. Prices are subject to change without notice.

Section 15: Prepaid Dial-Up Customers Only

1. There is an early termination fee for prepaid dial-up Service (see our pricing page.).This fee only applies to those Customers who (in special circumstances) pay for multiple months of dial-up Service in advance. This fee does not apply to standard dial-up Customers who are billed on a monthly basis.
   

Section 16: Roam to Home

1. A per minute charge for using the Roam-to-Home service will apply. Customer agrees to pay all roaming charges when using “Roam to Home” software. Click here to see Roam to Home pricing.
   

Section 17: DSL Customers Only

1. There is no bandwidth guarantee with DSL Service. DSL speeds are delivered on a best effort basis. Subscribers who are located farthest from Telephone Company facilities will receive slower than advertised speeds. Customer may experience slower DSL speeds during periods of peak usage.
2. Please be advised that the “always on” nature of broadband Internet connection makes Customer's equipment more susceptible to hacking activity. Company highly recommends that Customer purchase and install anti-virus and firewall protection to safeguard Customer's data and equipment against such activity.
3. Company will charge Customer an early termination fee of $120 if Customer's DSL account is canceled or terminated for any reason, including disconnection due to non-payment or relocation, within the first 12 months of service. For setup fee information, please see our pricing page.
4. Customer wishing to cancel DSL prior to installation date, may and must do so prior to 48 business hours of the installation time, otherwise an early termination fee will apply. Early termination fees do not apply to changing DSL installation date or time (see our pricing page.) DSL Service installation typically takes less than 2 to 3 weeks; however, installation may take as long as 4 weeks.
5. If Customer requests DSL equipment installation services, Customer shall be subject to installation fees listed on our pricing page. Customer acknowledges and agrees that DSL installation may be performed by an independent contractor hired by Company to perform such services. Customer further acknowledges and agrees that in no event shall Company be liable to Customer or anyone else for any direct, indirect, special, incidental, exemplary, and/or extraordinary or consequential damages of any nature whatsoever suffered for any reason by Customer or anyone with respect to the acts or omissions of such independent contractor. If Customer misses a scheduled DSL Service setup appointment, Customer will be charged a "missed appointment" fee (see our pricing page.)
6. DSL equipment is either rented by Customer, or Customer owns the equipment.
   Customers who have been given DSL equipment by Company, now own (and are responsible for) the equipment. The DSL loaner program has been discontinued, and equipment previously loaned to Customer is now owned by Customer. Customers who purchase DSL equipment from Company, are responsible for their DSL equipment. DSL equipment will be replaced at no charge should the equipment fail for a warranty period of 2 years from the date of purchase. DSL equipment that does not fall under the two year warranty period can be tested by Company at Customer request. Likewise, Customer may choose to purchase replacement equipment at the current market rate. Rented equipment that has failed will be replaced at no charge.
7. Customer agrees to Company's prices as posted on the pricing page. Prices are subject to change without notice.
8. Customer's Internet access may be terminated by Company without notice if Customer breaks copyright law by posting or sharing copyrighted material.
9. Company recommends that Customers who use an alarm monitoring system notify Company of such before DSL installation takes place. Company recommends a DSL splitter installation in such instances. Company will not be held liable if DSL interferes with any alarm or monitoring system for any reason. Company recommends that Customer test their alarm and/or monitoring system (with DSL running) after DSL installation has taken place.

1. There is no bandwidth guarantee with STI’s GigaSkyNet wireless service. Speeds vary depending on many conditions, such as distance to tower, radio interference, and other issues, which may not be controllable by Company. To ensure the fastest surfing and file downloading experience possible, outbound speed for residential GigaSkyNet wireless service is limited to 256Kb, while outbound speed for business GigaSkyNet wireless service is limited to 384Kb.
2. Company shall not be responsible for any signal attenuation, signal loss, or packet loss. Additionally, Company shall have no obligation to remove or remedy obstructions such as trees, new construction, or any other transmission interference that impacts upon Customer's or Company's transmission equipment, interferes with signal transmission, or reduces the effectiveness of the wireless system.
3. Please be advised that the “always on” nature of broadband Internet connection makes Customer's equipment more susceptible to hacking activity. Company highly recommends that Customer purchase and install anti-virus and firewall protection to safeguard Customer's data and equipment against such activity.
4. If Customer's GigaSkyNet account is canceled or terminated for any reason, including disconnection due to non-payment, within the first 12 months of service, Customer will be charged an early termination fee (see our pricing page). If Customer's GigaSkyNet account is disconnected due to non-payment, this will be considered cancellation and Customer will be charged an early termination fee.
5. If Customer misses a GigaSkyNet installation appointment, Customer will be charged a "missed appointment" fee. Customer wishing to cancel wireless service prior to installation date, may and must do so prior to 48 business hours of the installation time, otherwise an early termination fee will apply. Early termination fees do not apply to date or time changes for GigaSkyNet installation.
6. Customer owns or rents GigaSkyNet equipment: radio, lightning arrestor, cable, and antenna. If Customer rents GigaSkyNet equipment, rental pricing includes STI’s equipment insurance. If Customer owns GigaSkyNet equipment, insurance is available as an option. Equipment covered under STI’s equipment insurance policy or rental contract will be replaced at no charge. Equipment insurance covers the radio, lightning arrestor, cable, and antenna for failures such as equipment malfunction, theft, lightening, and other acts of God. GigaSkyNet equipment insurance does not cover radio reception or interference problems. Customers who own their equipment and do not have GigaSkyNet equipment insurance will be charged the current market rate for replacing failed equipment.
7. Customer is responsible to return all rented GigaSkyNet equipment if service is cancelled or terminated for any reason. Upon cancellation/termination of Customer's account, Customer may elect to leave the antenna wire, lightening arrestor, ground wire, clamps, and antenna in place and return only the GigaSkyNet radio with its power cord (or PCI radio card) to Company in good condition. Or Customer may elect to remove all rented equipment, including, but not limited to, radio, antenna, brackets, clamps, lightening arrestor, ground wire, and return to Company in good condition; normal wear and tear accepted. If Customer does not return equipment within two weeks from service cancellation/termination, Customer will be charged the current rate for GigaSkyNet equipment.
8. At Customer's request, a Company technician will disconnect and retrieve the rental equipment (wireless radio with its power cord or the radio card) from Customer premise for a fee. At Customer's request, a Company technician will re-point Customer's antenna or re-load Customer's software or driver for a fee. All other Wireless-related Service calls will be charged an hourly rate.
9. Customer is responsible for the maintenance, replacement, and upgrade of Customer's personal equipment. In no event shall Company be responsible for any loss or damage to Customer's equipment (including, without limitation, damage caused by abuse, vandalism, theft, or acts of God) unless the equipment is protected under Company GSN insurance or rental program.
10. Due to the nature of wireless Internet access, it is best suited for residential and light commercial use. For this reason, Customer operated servers of any kind are prohibited on the STI wireless network. If you wish to operate servers (email, web, file sharing, etc) on your network or in your home, STI recommends that customer purchase DSL Service.
11. Customer's Internet access may be terminated by Company without notice if Customer breaks copyright law by posting or sharing copyrighted material.
    
    

SECTION 19. REDISTRIBUTION OF SERVICES:

1. Redistribution Package: Redistribution services are used as a last resort, when individual Internet access lines to multiple third parties are not feasible. Commercial redistribution privileges are typically granted to hotels, motels, trailer parks, and other entities who intend to redistribute STI Internet service to third parties, but who do not have the wiring capacity to allow for individual access lines. Redistribution privileges will be granted (and the redistribution fee applied) at the discretion of STI. STI will investigate each redistribution request on a case by case basis, and the redistribution of service must be approved by STI before redistribution commences. 7X24 phone based technical support is available to the redistribution agent only. 7X24 technical support for third parties is available at an additional cost. Please call for pricing. Redistribution of services without prior approval of STI will result in immediate termination of service. The redistribution fee is in addition to the standard Internet access fee. STI does not resell services to ISP’s, nor does it allow other ISP’s to redistribute STI services. Please see our pricing page for cost.
   
2. Redistribution services may be shut down by company at any time, and for any reason without prior notification.
3. Customer is responsible for all abuse activity which may occurr on redistributed services network. Customer will be charged the standard network labor rate for abuse investigation performed by company for abuse that takes place on redistribution services network (see our pricing page).
   

Section 20: HotSpots

1. STI HotSpots are to be used for supplemental Internet access only, and not as a primary means of Internet access. Company may at company discretion block HotSpot access to subscribers who (in Company's judgment) over-utilize company HotSpots.

1. Company email virus protection is not intended to be the sole source of virus protection for Customer.
2. Company does not warranty the effectiveness of Company email virus protection system. Due to the nature of computer virus infection and unwanted computer intrusion, Company strongly recommends that Customer purchase and install anti-virus and firewall protection software on Customer computer(s) before using Company Internet access service.
3. Company applies anti-spam and anti-virus service to all accounts. Customer may disable anti-spam service, however, anti-virus service must remain enabled on all Customer email accounts.
4. Company does not permit other companies to send unsolicited email to Customer, nor does Company approve of such activity.

Section 22: Web Hosting System Only (Both Dedicated and Shared)

1. All web-hosting accounts (dedicated and shared) have outgoing file transfer limitations.
2. Please note, additional file transfer charges may apply to web space that is included with Customer's dial-up or high-speed access account. Please visit our pricing page for additional monthly charges that may apply to your website due to monthly file transfer that surpasses the limitations set by Company.
3. Any violation of any person's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Company is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).
4. Customer agrees to pay STI for domain registration fees for every renewal period that their domain is registered through STI. All Customer domains are automatically renewed on an annual basis, unless Customer's account is discontinued for any reason. If customer wishes to cancel their domain registration, they must do so at least 2 months prior to the re-registration date of their domain. All domain registration fees paid to STI are non-refundable.
5. Spamming, whether or not it overloads the Services or disrupts Service to Company's Customers, is prohibited. The term "spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial message over the Internet or maintaining an open SMTP policy. Company reserves the right to determine, in its sole and absolute discretion, whether email recipients were from an opt-in email list. Forging, misrepresenting, omitting, or deleting message headers, return mailing information, and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
6. Use of the Services for creating or sending Internet viruses, worms, trojan horses, or time bombs, or for pinging, flooding, or mailbombing, or engaging in denial of Service attacks is prohibited.
7. It is also prohibited for any Customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, Service, or equipment) or conduct their business over the Internet.
8. "Hacking" and related activities is prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
9. The export of encryption software outside of the United States and/or other acts resulting in violations of United States law relating to the export of software is prohibited.
10. The use of the Services to store, post, display, transmit, advertise, or otherwise make available pornography and/or content of a violent nature is prohibited. In particular, Company is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
11. The use of the Services to engage in any activities that are determined by Company, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, the sale of counterfeit, stolen, or other illegal items, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. Company will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
12. Use of the Services to store, post, transmit, display, or otherwise make available obscene, defamatory, trade libelous, harassing, abusive, or threatening language is prohibited.
13. Engaging in any activity that, in Company's sole and absolute discretion, disrupts, interferes with, or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Company's business, operations, reputation, goodwill, Customers, and/or Customer relations, or the ability of Company's customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product, or Service that is designed to or could be used to violate this Usage Policy. In addition, the failure by a Customer to cooperate with Company in correcting or preventing violations of this Usage Policy by, or that result from the activity of Customer or a customer of Customer is a violation of this Usage Policy. In general, Company does not monitor its Customers' websites or activities to determine whether they are in compliance with this Usage Policy. However, when Company becomes aware of any violation of this Usage Policy or its User Agreement, Company may take any action to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet, and/or removing information. In addition, Company may take action against a Customer or a customer of such Customer because of the activities of such Customer. Company reserves the right to take any such action even though such action may affect other customers of the Customer.
14. Company may disclose any information in its possession, including, without limitation, information about Customer's Internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request, to protect Company or others from harm, and/or to ensure the proper operation of the Services. Company has no obligation to notify any person, including the Customer about whom information is sought, that Company has provided the information.
15. In accordance with the Digital Millennium Copyright Act, Company has adopted a policy that provides for termination of websites hosted by Company that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by Company or its subsidiaries, and the copyright holder wants Company to remove the website or disable the material in question, Company will remove the website or disable the material if the copyright holder provides us with all of the following information:
    1. A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
    2. Identification of the copyrighted work that is claimed to be infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
    3. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
    4. Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
    5. A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
16. Company may turn down or disconnect Customer's dedicated web hosting server if Company assesses that such server has become infected with a virus, worm, trojan, or other malicious code. Company will make a good faith effort to contact Customer and correct the problem before shutting down the server, however, Company reserves the right to shut down the server without notice if such problem arises.

Section 23: GigaNetMall On-Line E-Commerce Services

1. Description of Service. Giganetmall.com provides eligible consumers and merchants with the ability to create and maintain online stores ("Stores") on the Giganetmall.com website ("Website") or to purchase items listed in those Stores.
2. User Eligibility. Our services are available to consumers and merchants ("Users") who can form legally binding contracts under applicable law. Our services are not available to Users whose use of Giganetmall.com was terminated with cause.
3. Termination. We reserve the right to determine, at our sole discretion, whether your conduct concerning your use of our services is consistent with the letter and spirit of this Agreement. We reserve the right to deny or terminate your access to our Website and to refuse to provide our services to you, with or without cause, effective immediately and without notice. We shall not be liable to you or any third party should we exercise these rights. If you become dissatisfied with our services or object to any subsequent amendments to this Agreement, you agree that your only recourse is to discontinue use of our services subject to the terms of this Agreement.
4. Website Access. Users must provide all equipment including a computer and communications device(s) necessary to establish a connection to the World Wide Web, provide for their own access to the World Wide Web and pay for any fees associated with such access. Access to our Website requires a user identification name ("Username") and password. You will receive a Username and a password upon registration with Giganetmall.com. You are entirely responsible for maintaining the confidentiality of your Username and password. Furthermore, you are entirely responsible for any and all activities which occur under your Username. You agree to immediately notify Giganetmall.com of any unauthorized use of your account or any other breach of security known or suspected.
5. Fees. You are responsible for paying all fees associated with using our services and all applicable taxes. Our fee schedule is available at our pricing page. and is incorporated by reference. We reserve the right to change our fees from time to time. If you are a subscriber of Sierra Tel Internet Local Internet Access, our services will be invoiced on your monthly Sierra Telephone bill, unless you select the credit card method of payment. Payment is due upon receipt of invoice. We reserve the right without notice to terminate services if your account is unpaid 15 days after the invoice date. Such termination does not relieve you of your obligation to pay for all the charges in your account. In the event of account delinquency, you agree to pay us for our reasonable expenses, including attorney and collection agency fees, incurred in enforcing our rights under this Agreement. If you do not subscribe to Sierra Tel Internet Local Internet Access, you must pay for our services, in advance, with a credit card.
6. Giganetmall.com Is Only a Venue. Our site acts as the venue for sellers to list items and for buyers to purchase those items. Giganetmall.com is not involved in the actual transaction between buyers and sellers. We do not control the content of information, products or services provided by Users. As a result, we have no control over the quality, safety or legality of the items listed, the truth or accuracy of the listings, the ability of seller to sell items or the ability of buyer to buy items. We cannot therefore ensure that a buyer or seller will actually complete a transaction. We make no warranties regarding any goods or services purchased or obtained from Users or any transactions entered into through our Website. Other Users' information may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. Please note that there is a risk of dealing with people who are acting under false pretense. We expect that you will use caution and common sense when using our site. In the event that you have a dispute with one or more Users, you release us (and our affiliates, parent companies, subsidiaries, officers, directors, agents and employees) from claims, demands, damages, costs, expenses, liabilities and losses (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in connection with such disputes. If you are a California resident, you waive California Civil Code §1542, which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
7. Your Information. You are solely responsible for any information you provide ("Your Information") on our Website, and we act as a passive conduit for your online distribution and publication of Your Information. However, your Store must pass review before it may be linked to our Website and we reserve the right to review Your Information from time to time. Further, we may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
   
   1. Listings - Listings are text descriptions, graphics and/or pictures or annotations supplied by you. Stores that have not renewed their Listings within 30 days may be terminated.
      
   2. Content - You warrant and represent to us that Your Information:
      
      1. is not fraudulent or does not involve the sale of counterfeit or stolen items;
         
      2. does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
      3. does not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
      4. is not defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
      5. is not obscene or does not contain pornography;
      6. does not contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
      7. does not link directly or indirectly to or include descriptions of goods or services that: (i) are prohibited under this Agreement; or (ii) you do not have a right to link to or include; and
      8. is not of a violent nature or contain Prohibited Items.
   3. Prohibited Items - You may not list any item that could cause us to violate any applicable law, statute, ordinance or regulation. The following list includes examples of Prohibited Items:
      • Advertisements
      • Alcohol
      • Animals and Wildlife Products
      • Bulk E-mail Lists
      • Counterfeit Currency and Stamps
      • Counterfeit Items
      • Countries and Persons
      • Drugs and Drug Paraphernalia
      • Embargoed Items
      • Firearms
      • Fireworks
      • Government IDs and Licenses
      • Human Parts and Remains
      • Postage Meters
      • Prescription Drugs/Materials
      • Stocks and Other Securities
      • Stolen Property
      • Surveillance Equipment
      • Tobacco
      • TV De-scramblers
   4. Legal Compliance - You are solely responsible for the contents of your Listings, transmissions and communications through our Website. The use of our services is subject to all applicable local, state, national and international laws and regulations.
   5. License - You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights you have in Your Information, in any media now known or not currently known, for the purpose of offering our Services.
8. Privacy Policy. While we will make every effort to keep your personal information private, you should not consider any communications to be protected or confidential.
9. System Integrity. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of our Website or any transaction being conducted on our Website. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose. We are not liable for the deletion of or failure to store your data. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Website may be interfered with by numerous factors outside of our control.
10. No Warranty. THIS WEBSITE AND THESE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some states do now allow the disclaimer of implied warranties, so this disclaimer may not apply to you.
11. Liability Limit. Acquisition or procurement of information, products or services through our Website occurs solely at your risk and we expressly disclaim any responsibility for claims, demands, damages, costs, expenses, liabilities and losses which any person or entity alleges arises from obtaining or disseminating such information, products or services. IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, EXTRAORDINARY, CONSEQUENTIAL, PUNITIVE, OR RELIANCE DAMAGES OF ANY NATURE WHATSOEVER REGARDLESS OF THE FORESEEABILITY THEREOF (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOST SAVINGS, INTERRUPTION OF BUSINESS, OR BY REASON OF MISTAKES, INTERRUPTIONS, DELAYS, ERRORS, DEFECTS IN SERVICE OR FAULTY OR MISDIRECTED TRANSMISSION) ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICES OR THIS AGREEMENT. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES IS LIMITED TO THE AMOUNT YOU PAID FOR SERVICES DURING THE SIX (6) MONTH PERIOD PRECEDING THE CLAIM.
12. Indemnity. You agree to indemnify and hold us, our affiliates, parent companies, subsidiaries, officers, directors, agents and employees harmless from any and all claims, demands, damages, costs, expenses, liabilities and losses, including without limitation all attorneys' fees, court costs, expenses, and other costs of investigation and preparation paid or incurred in good faith in conjunction with defending against the same (including without limitation incurred in connection with enforcing this provision and incurred in connection with any appeal) arising out of your breach of this Agreement or the terms or subject matter it incorporates by reference, your breach of your warranties regarding the context of Your Information or the violation of applicable laws and regulations or rights of any third party.
13. No Agency. The parties to this Agreement are independent contractors and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
14. Notice. We may broadcast notices through our Website, which will be effective upon broadcast, except as explicitly provided otherwise. All other notices may be given via e-mail to the e-mail address provided during the registration process. Notice via e-mail is deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by conventional mail. Notice by conventional mail, to the address you provided during the registration process, is deemed given 3 days after the date of mailing .
15. Arbitration. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN OAKHURST, CALIFORNIA AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER PARTY MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN CALIFORNIA NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF THE PARTY PENDING THE COMPLETION OF ARBITRATION. THE COST OF THE ARBITRATION PROCEEDING WILL BE SHARED EQUALLY BY THE PARTIES, BUT THE PREVAILING PARTY WILL BE ENTITLED TO RECOVER ITS REASONABLE AND NECESSARY ATTORNEYS' FEES, COSTS AND EXPENSES INCURRED IN CONNECTION WITH THE ARBITRATION. THE ARBITRATION SHALL BE GOVERNED BY AND CONSTRUED ACCORDING TO THE LAWS OF THE STATE OF CALIFORNIA APPLICABLE TO CONTRACTS MADE AND TO BE WHOLLY PERFORMED IN CALIFORNIA BETWEEN RESIDENTS THEREOF. THE ARBITRATOR SHALL BE BOUND TO APPLY SUCH CALIFORNIA LAW, AND WHERE APPLICABLE, FEDERAL LAW AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CHANGE, ADD TO OR SUBTRACT FROM THIS AGREEMENT. THE ARBITRATOR SHALL NOT HAVE THE POWER TO ENTER OR IMPOSE ANY INJUNCTIVE RELIEF ON THE PARTIES. FURTHER, THE ARBITRATOR SHALL NOT HAVE THE POWER TO ASSESS PUNITIVE OR EXEMPLARY DAMAGES ON THE PARTIES. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND SHALL CONTINUE TO BE ENFORCEABLE IN THE EVENT OF THE BANKRUPTCY OF A PARTY. EXCEPT FOR AN ACTION SEEKING A TEMPORARY RESTRAINING ORDER OR INJUNCTION, OR SUIT TO COMPEL COMPLIANCE WITH THIS ARBITRATION PROCESS, THE PARTIES AGREE TO USE THE ARBITRATION PROCEDURES SET FORTH IN THIS SECTION WITH RESPECT TO ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT. FOR A PERIOD OF 45 DAYS AFTER NOTICE FROM EITHER PARTY, THE PARTIES SHALL ATTEMPT IN GOOD FAITH TO RESOLVE THE DISPUTE BY DIRECT NEGOTIATION OF REPRESENTATIVES OF THE PARTIES. IF THE PARTIES DO NOT RESOLVE THE DISPUTE WITHIN SUCH PERIOD, EITHER PARTY MAY PROCEED WITH ANY REMEDY AVAILABLE.
16. General. This Agreement is governed by and shall be construed in accordance with the domestic laws of the state of California, excluding any conflicts-of-laws rule or principle that might refer the governance or the construction of this Agreement to the law of another jurisdiction, and federal law, rules and regulations including such changes or modifications as may be required by the rules, regulations or orders of the Federal Communications Commission. Each party hereby expressly consents to the personal jurisdiction of either the California courts or the United States District Courts located in the State of California and agrees that any action relating to or arising out of this Agreement shall be instituted and prosecuted only in the Municipal or Superior Court of the County of Madera or the United States Federal District Court for the Eastern District of California in Fresno, California except that actions to enforce any judgment or writ of attachment shall be prosecuted through the courts of the state in which the assets subject to such enforcement action are located. Each party waives any right to a change of the aforesaid venue and any and all objections to the jurisdiction of the California courts or the Federal courts over the parties hereto. Except as expressly provided in the Agreement, the Agreement is not intended, and shall not be deemed or construed, to confer any rights, powers, privileges, or remedies on any person, firm, partnership, corporation or other entity other than the parties hereto and their respective permitted successors and assigns, nor is anything in this Agreement intended to relieve or discharge any obligation of any such third party to any party thereto, or give any such third party any right of subrogation or action over or against any party hereto. No amendment, modification, or supplement, including those by custom, usage of trade, or course of dealing, of any provisions of this Agreement shall be binding on any of the parties unless it is in writing and signed by the parties in interest at the time of the modification. No oral order, objection, claim or notice by either party to the other shall affect or modify any of the terms or obligations contained in the Agreement. This Agreement comprises the entire agreement between you and Sierra Tel Internet and supersedes any and all prior agreements between the parties regarding the subject matter contained herein. The language in all parts of this Agreement shall in all cases be construed as a whole and in accordance with its fair meanings and not restricted for or against either party. All provisions of this Agreement which may reasonably be interpreted or construed as surviving the termination of this Agreement shall survive the termination of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement shall be binding on and shall inure to the benefit of the parties and their respective heirs, successors, assigns, executors and administrators.