OlympusNet communicates with you primarily via email and we send notifications to you at the email address we have on file. Those notifications consist of vital information about your services, billing, service outages and enhancements or changes to your existing services. This information is generally time sensitive in nature. It is important that you read any email sent by OlympusNet to your email address to avoid any unexpected interruptions in your service.

Regarding the CAN-SPAM Act of 2003, you give 'affirmative consent' to receiving 'transactional or relationship' messages from OlympusNet staff members.

Acceptable Use:

You agree to take full responsibility for actions taken under your account.

You agree that the name and address(es) you provided to OlympusNet are accurate.

The person responsible for ordering the account is 18 years of age or older and takes full responsibility for access of others, especially those under 18 years old.

No OlympusNet accounts or services may be resold or given away without the written consent of OlympusNet.

You are responsible for all activity that originates from your Internet connection. This applies to security breaches of your computer(s) by others who launch attacks from your computer(s). It is imperative that you take precautions to ensure the security of your computer(s).

As an OlympusNet customer, you agree to do no harm.

OlympusNet vigorously pursues all instances of abuse. If you have been attacked or spammed, please notify OlympusNet Customer Support.

OlympusNet reserves the right to cancel this service without notice and may reimburse you on a pro-rata basis.

The following activities are prohibited under OlympusNet's Acceptable Use Policy:

Intellectual Property Rights Infringement:

OlympusNet respects the intellectual property rights granted under the US copyright laws and the interests of subscribers and content providers on the Internet. You may not store material on, or transmit material over OlympusNet's information systems or servers in any manner that infringes the intellectual property rights of any entity or individual. All notices received by OlympusNet indicating any activity suspected to infringe upon third party intellectual property rights will be re-routed to the primary account holder on file, accompanied by a request to verify and possibly cease and desist. OlympusNet's policy of service suspension or termination of members deemed to be infringing the intellectual property rights of a third party is in accordance with the Digital Millennium Copyright Act ("DMCA") as well as US copyright law.

Denial of Service:

The use of your OlympusNet service to deliberately impair another entity, individual or computer from accessing their computer or Internet connection is prohibited.

Hacking:

Accessing or attempting to access the computer(s) or accounts of others without their permission or breaching the security of other systems, regardless of success or failure, is prohibited. This also applies to unauthorized mail or Web relay/proxy access attempts and port scans.

Email Spam:

Transmission of unsolicited email from OlympusNet's network is prohibited.

OlympusNet blocks inbound mail from certain sites from reaching OlympusNet equipment. The purpose of this is to stem the flood of spam mail.

Newsgroup Spam:

Posting of messages to newsgroups that are off-topic or mass posting of messages to newsgroups is prohibited.

Dissemination of Viruses:

Intentional or unintentional release of malicious software that results in annoyance, damage or harassment is prohibited.

Excessive Use:

If you use any of your OlympusNet services in a manner which consumes excessive bandwidth, excessively loads OlympusNet's equipment or networks, affects other customer services or requires administrative attention, OlympusNet may require that you cease or alter these activities.

Mass mailings which result in more than 200 bounced emails will be charged $75. Such bounces increase the risk that OlympusNet mail is rejected by certain ISPs and requires administrator clean-up. The sender of the bounced mail will receive an email from OlympusNet with the email addresses that bounced. Note that OlympusNet offers mailing lists which, when properly configured, will automatically remove bounces.

Passwords:

You must notify OlympusNet immediately if your account has been or may have been compromised.

Account Billing & Invoicing:

OlympusNet may perform a credit/background check prior to order placement and may cancel the order without liability to either party or require prepayment based on the results of this check.

Billing will start on your Activation Date, the date your service is activated. Services are non-refundable regardless of usage. Please notify OlympusNet as soon as possible if there is a circumstance which may justify a refund or credit. Service fees may include applicable state and federal taxes and fees in addition to the advertised rate.

Note that OlympusNet charges for service even if you do not use that service as our servers and communications equipment store your setup and email, Web data, IP address, etc.

To terminate your OlympusNet service(s), you must contact us via telephone or email on or before the effective date. All disconnection requests will be processed on the date the request is received. This applies to both total account and single service terminations. You must provide an email address to which we will send a Cancellation Confirmation with a copy going to your current (old) email address. If you do not receive our Cancellation Confirmation, it means we have not received your request. It is your responsibility to contact us once again as outlined above so that we can send the Cancellation Confirmation to you. You will be responsible for fees incurred up to the date of cancellation of the service. We will reimburse you for unused fees where appropriate on a pro-rata basis.

Non-payment is not considered cancellation notification, nor is moving without notification. Cancellation of your account does not remove your responsibility under this agreement to pay all fees incurred up to the date of Cancellation including any late fees.

Accounts Receivable:

All services are payable in advance.

Payment is due on the first of the month at the beginning of the service period. INVOICES ARE SENT VIA EMAIL approximately 30 days before the beginning of the pay period. Reminder invoices are also sent via email. Paper invoices are available upon request at a cost of $2.00 per invoice. Payment is accepted by check or by using VISA or MasterCard. There is a $10 fee for all returned checks. Please make checks payable to OlympusNet, PO Box 1824, Port Townsend, WA 98368. Checks for payment on account are posted and deposited on receipt, regardless of the date written on the check. That is, postdated checks are not held. To pay by credit card or to set up automatic credit card payments, call 360-385-7278 or 800-896-1751, option #1. With the automatic credit card payment option, your VISA or MasterCard is charged on the 1st business day of the pay period. The original invoice and a notice that your card was successfully charged OR a declined message are emailed the same day. If the card is declined, call 360-385-7278 or 800-896-1751, option #1, to arrange payment.

OlympusNet reserves the right to charge the credit card on file if your account is past due.

OlympusNet reserves the right to terminate accounts that remain past due at its discretion. Upon termination, services on the account will be discontinued and all files will be removed from our servers without notice. Applicable late fees will be applied and due at that time.

In the event of non-payment, OlympusNet is under no obligation to deliver or maintain your data including email or Web sites after the end of the paid-for period.

If you wish to reinstate service with OlympusNet, you'll need to pay for any outstanding charges.

Liability & Limitations:

OlympusNet is not liable for any costs, expenses, losses, or damages, either general, special, actual, consequential, or incidental, that you may suffer or that some other person or organization may suffer and claim against you resulting from the following: use, misuse, or service outage; customer premise hardware; your actions or activities, whether legal or illegal; the actions or activities of any other OlympusNet customer, whether legal or illegal; or any other goods or services provided by OlympusNet or any of its vendors. In no event shall OlympusNet be liable to you under this Agreement or in relation to any matters in any way connected with this Agreement in an amount that exceeds the service fees paid in the preceding year.

OlympusNet makes no warranties of any kind, whether expressed or implied, including any implied warranty of merchantability or fitness of this service for a particular purpose. OlympusNet takes no responsibility for any damages suffered by you including, but not limited to, loss of data from delays, nondeliveries, misdeliveries, or service interruptions caused by OlympusNet's own negligence or your errors and/or omissions. OlympusNet may withdraw certain services without notice. For example, we may shut off database access or the use of our Web servers in the event that we discover security flaws.

Credit is not provided for interrupted service due to user equipment failure, telephone company failure or failure of OlympusNet to provide service.

The technical support that OlympusNet provides is limited to the service itself and assistance with configuring your computer and/or browser and email applications to work with our services. Support for other applications and uses is not provided or implied unless it is a specifically contracted service.

OlympusNet provides virus 'scrubbing' of most email attachments. This does not imply that all viruses in email attachments will be prevented from reaching your computer(s). OlympusNet makes no claims as to the effectiveness of the virus scanner beyond that it serves as a first-level defense against viruses. We recommend that you run an up to date virus scanner

Use of any information obtained via this service is at your own risk. OlympusNet specifically denies any responsibility for the accuracy or quality of information obtained through our services.

You acknowledge that OlympusNet exercises no control over the content of materials accessed through our systems. Materials accessed through our equipment may be offensive or adult in nature.

Dispute Resolution:

In the event that we have a dispute to which we can't find a mutually agreeable solution, you agree to settling the dispute in Port Townsend according to the commercial rules of the American Arbitration Association.

Specific Services

In addition to the terms provided in the All Services section of this document, the following terms apply specifically to OlympusNet's Connectivity and Web Hosting Services.

DSL:

You authorize OlympusNet to order Qwest DSL service for you through Qwest for the speed you specify. You understand that you are authorizing Qwest to charge you for Qwest DSL Subscriber service and OlympusNet to charge you for Internet service.

The throughput you receive can vary from line to line depending on a variety of factors such as internal wiring, line quality, location, Internet traffic, and other variables outside of OlympusNet's control. Owing to this, OlympusNet provides Internet access via DSL as a best effort service and cannot guarantee upload or download speeds.

Dialup:

Dialup connection numbers and methods are subject to change or replacement at any time. OlympusNet reserves the right to direct those with dialup service to specific numbers or restrict the use of others. You are responsible for any long distance charges associated with the use of your OlympusNet dialup service.

Your OlympusNet dialup service is restricted to one connection per unique OlympusNet username at a time. Simultaneous dialup connections are prohibited. OlympusNet's standard dialup service includes 200 hours of connectivity per month. Unlimited service is available for users needing more than 200 hours connection time per month. Unlimited service does not provide a dedicated connection.

Dialup service does not come with an uptime or connection throughput service guarantee.

Running an Email Server:

To send mail through OlympusNet's mail servers, you must authenticate that mail through an OlympusNet email account. If you receive mail, your mail server must reject faulty addresses at SMTP time rather than generating bounces. Your mail server must not bounce spam, nor viruses or other malware. It is acceptable and preferable to reject those items at SMTP time.

Hosting:

You are expected to maintain any software that you install in secure and timely fashion, patching and upgrading such software when necessary. OlympusNet reserves the right to disable any account deemed to be a security risk to your account, other accounts hosted on OlympusNet, OlympusNet servers, or other Internet services.

Should your Web site utilize an excessive amount of server resources (including, but not limited to, CPU processing time, memory usage and network resources for a sustained period of time,) OlympusNet reserves the right to request that you either upgrade your Web hosting service package or reduce your Web site's use of resources to an acceptable level. OlympusNet will be the sole arbiter of what is considered to be an excessive amount of server resources. OlympusNet reserves the right to suspend or shut down any Web Hosting account deemed to adversely affect server performance or network integrity. OlympusNet reserves the right to limit, restrict or prioritize access to system resources, including CPU time, memory, disk space and disk throughput.

Websites must not provide forms or other technologies that the public could use to send spam.

Domains:

If you wish to have a permanent email address, we urge you to register and use a domain name. You agree that the use of this name does not violate trademark or other statutes. (Note that registering a domain name does not confer any legal rights to that name and any disputes between parties over the rights to use a particular name are to be settled between the contending parties using normal legal methods). See RFC 1591.

If you have applied for a domain name, do not make commitments involving that name until you have tested it by receiving mail addressed to your domain from sites other than OlympusNet.

Scripts:

Scripts that pose a potential security risk and/or are deemed to adversely affect server performance or network integrity will be shut down or removed without prior notice.

Content Restrictions:

All content hosted on OlympusNet's servers is subject to our Acceptable Use policies. OlympusNet servers may be used for lawful purposes only. Transmission, storage or distribution of any information, data or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to, Intellectual Property Rights Infringement, child pornography and material that constitutes an illegal threat or violates export control laws.

Modifications:

OlympusNet may modify from time to time, and in any way, without limitation, any data, software, or hardware used to provide OlympusNet's services. Certain changes to OlympusNet's services may affect the operation of your personalized applications and content. While OlympusNet will work with you to provide proper notice of such changes, you are solely responsible and OlympusNet is not liable for personalized applications or content, except as expressly agreed to by OlympusNet.

Backup of Data:

You are solely and entirely responsible for the management and backup of all your data, and all updates, upgrades, and patches to any software that you use in connection with OlympusNet services.

Non-OlympusNet Products:

Any mention of non-OlympusNet products by OlympusNet and its employees is for information purposes only and does not constitute an endorsement or recommendation by OlympusNet. OlympusNet disclaims any and all liabilities for any representation or warranty made by the vendors of such non-OlympusNet products or services.

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