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Your use of the SkyQ Internet Service constitutes acceptance of our Terms of Service. The Terms of Service is comprised of the Terms of Service Agreement and the SkyQ Acceptable Use Policy. We ask that you read these documents carefully. The Terms of Service and the SkyQ Acceptable Use Policy were last changed on August 7th, 1999. These changes will take effect on September 7th, 1999--thirty days after the date of this last change. Remember, your use of the SkyQ Service is conditioned upon your continued acceptance of and compliance with the Terms of Service and the SkyQ Acceptable Use Policy. Please familiarize yourself with these important rules and policies.

Under the arrangement contemplated by this Agreement, a residential customer from home has the right to dial-up and use the system and sign off when done. He or she has access to the Internet, to a mailbox location and to a web page residing on the computers of SkyQ Internet.

SkyQ Internet ("SkyQ") provides its service to you as a registered Member or authorized user ("Member" or "you"), subject to the terms of this Agreement and the SkyQ Acceptable Use Policy ("Policy"). Both of these documents are binding agreements and we shall refer to them collectively as "TOS". The TOS comprises the entire agreement between SkyQ and you, superseding any prior agreements between you and SkyQ with respect to its subject matter.

SkyQ may change the TOS at any time, and such change shall take effect thirty (30) days after the date of the last TOS change as posted in the Terms of Service area. The Front Screen of the Terms of Service area will provide the date of the last TOS change. You agree to review the TOS periodically to be aware of such changes. If any change is unacceptable to you, you may terminate your membership as provided in Section 12 below. Your continued use of SkyQ following the Effective Date of any such change to the TOS constitutes acceptance of all such changes.

2. YOUR ACCOUNT INFORMATION

A. You certify that YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD. You agree to provide SkyQ with accurate, complete, and updated registration information. Failure to do this constitutes a breach of this agreement and unauthorized access to SkyQ. Unauthorized access to SkyQ could result in immediate termination of your account and subject you to civil and criminal liability. Unless you have prior written authorization from SkyQ, you may not register for additional accounts.

B. By registering as a Member, you will receive a password, an account and choice of an associated sign-on name, and the ability to have additional accounts. You may not select or use a sign-on name of another person, a name in violation of a third party's property rights, or a sign-on name that SkyQ deems offensive or otherwise inappropriate. SkyQ owns all sign-on names and licenses them to you. Additionally, you may not use your sign-on name in violation of the TOS or in a manner SkyQ deems inappropriate (e.g., sending or causing to be sent mass email solicitations). SkyQ reserves the right to delete any such sign-on name or to request deletion.

C. You are entirely liable for all activities conducted through your account. A Member may permit another individual-- including a minor-- to use the Member's account subject to Member supervision and with Member's assumption of all resulting liabilities. Because SkyQ sends important notices about your membership to the account holder, you agree to check the account regularly and bear the risk of failing to do so.

D. Members who have had their SkyQ membership terminated may not access SkyQ without SkyQ’s prior express written permission (including email). Members may not allow a former Member or other agent whose membership has been terminated to use their account. For additional information on re-registration and multiple accounts, see Section 12_ below.

3. CHARGES AND BILLING PRACTICES

A. You may obtain current rates and surcharges for using SkyQ by calling SkyQ’s Customer Service at 916-722-3377. Billing rates do not include any sales, use, value-added, personal property, or other governmental tax or levy imposed on goods or services billed to Members account. You are responsible for any such taxes.

B. If you have elected to pay for SkyQ by credit card and SkyQ does not receive payment from the card issuer or its agents, you agree to pay all amounts due upon demand by SkyQ. Each time you use SkyQ you agree and reaffirm that SkyQ is authorized to charge your designated card. Your card issuer agreement governs your use of your designated card in connection with SkyQ, and you must refer to that agreement and not this TOS with respect to your rights and liabilities as a card holder.

C. If SkyQ does not receive the full amount of your SkyQ account balance within ten (10) days of an activated account, the account may be terminated at SkyQ’s discretion. You agree to be billed for and agree to pay any outstanding balance in the event of cancellation or termination of your SkyQ account. Unless you notify SkyQ of any discrepancies within ninety (90) days after they first appear on your account statement, they will be deemed acceptable by you for all purposes, including resolution of inquiries made by your card issuer. You release SkyQ from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to SkyQ within ninety (90) days of its publication.

D. SkyQ. RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING ADDITIONAL OR SUPPLEMENTAL FEES FOR SERVICES PROVIDED BY SkyQ. SkyQ MAY ALSO ELECT, AT ITS DISCRETION, TO SUPPLEMENT SUCH NOTICE OF BILLING CHARGES THROUGH E-MAIL TO YOUR ACCOUNT OR THROUGH THE U.S. MAIL TO THE ACCOUNT HOLDER.

If any such change is unacceptable to you, you may terminate your membership as provided in Section 12 below. Your continued use of SkyQ following the effective date shall constitute your acceptance of such change. Your membership fees are payable in advance and are not refundable in whole or part.

E. You are responsible for all charges associated with connecting to SkyQ. YOU AGREE THAT ANY TELEPHONE CHARGES INCURRED ARE YOUR RESPONSIBILITY. DEPENDING ON YOUR PARTICULAR LOCATION, THE NEAREST ACCESS NUMBER MAY NOT BE A LOCAL PHONE CALL AND YOU MAY BE SUBJECT TO LONG DISTANCE CHARGES. You should check with your local phone company to determine whether any specific access number is a local call. If you access SkyQ from certain access numbers, you may be assessed communication surcharges on your SkyQ bill. These apply even if you are using an unlimited access plan. You are responsible for all activities and charges under your sub-account(s), including any unauthorized charges to your account.

4. DIALUP USAGE

A. SkyQ’s dial up accounts are flat-rate for normal and reasonable metered usage. As the previous sentence says, there are reasonable limitations on this usage. Those limitations are spelled out here and in the SkyQ Acceptable Use Policy. If the Member is continuously using the SkyQ system, by means of continuous manual key stroking activity, then the usage is unlimited, in the traditional sense of the word. But if the Member's session is idle for certain periods of time, SkyQ reserves the right to terminate the session. Please see the Policy for more details.

B. Concurrent dial ups. Only one simultaneous dial-in per account. This means that you may not use more than one of SkyQ’s modems at the same time. If you are found logged in more than once over a modem connection, we will assume that your password has been compromised and will immediately suspend your account. CONCURRENT USAGE. SkyQ strictly prohibits more than one concurrent dial up connection per account unless otherwise agreed, concurrent usage serves as grounds for termination of Customer's account without a refund.

C. Disk allotments. Customers are allocated twenty megabytes of disk space for their home directory/web/ftp space.

D. Emulators, IRCs, MUDs, and other Servers. IRCbots or servers may not be run on SkyQ’s system, except with the prior explicit permission of the administrators. Bots found running will be terminated, files associated with them may be deleted. Only one IRC session per user per session on the UNIX shell. Idle IRC sessions on the shell will be terminated. MUDs may not be hosted on our system. The use of SLIP or PPP emulators on the UNIX shell is not allowed.

E. Bandwidth/CPU usage. You may make whatever material you like available for FTP or WWW as long as it is legal and it does not generate traffic in excess of 17 Megs per day. For this reason, SkyQ does not allow hosting or storing of any adult-oriented materials here. If your Internet site suddenly takes up inordinately large amounts of bandwidth, we retain the right to restrict access to it for such interval as we deem necessary to maintain availability of bandwidth for all users. Similarly, your actions/processes may not consume an unreasonable amount of system resources/CPU cycles.

5. PROHIBITED USES

You may not use, or allow others to use, your SkyQ account, either directly or indirectly, to:

transmit through SkyQ any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable content;

(2) harass, threaten, embarrass, or cause distress, unwanted attention or discomfort upon another Member or user of SkyQ or other person or entity;

(3) post, transmit, promote, link, or facilitate through SkyQ the distribution of sexually explicit material;

(4) impersonate any person or entity, including, but not limited to, an SkyQ official or communicate under a false name or a name that you are not entitled or authorized to use;

(5) post or transmit through SkyQ, or cause to be posted or transmitted, chain letters or pyramid schemes;

(6) post or transmit through SkyQ, or cause to be posted or transmitted, any unsolicited advertising, promotional materials, or other forms of solicitation to other Members, individuals or entities, except in those areas that are expressly designated for such a purpose (e.g., the classified areas), or collect or harvest sign-on names of other Members, without permission;

(7) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private financial information from any Member;

(8) violate any operating rule, policy or guideline of any other interactive service, including, but not limited to, the operating policies of the International Areas; or

(9) intentionally or unintentionally violate any applicable local, state, national, international or foreign law, including, but not limited to, any rules or regulations having the force of law.

(10) to spam. "Spamming" is sending unsolicited email - whether "mass" or ostensibly targeted - to people who have not asked for such email. Spam is also posting to Usenet news a single cross-post to many newsgroups, or many individual posts to multiple newsgroups that are not related to the topic of your article, or where doing so is in violation of a group's charter or common use. Posting identical or nearly identical usenet posts on a regular (daily, weekly) basis - with the exception of FAQ's and other informational content posts - is similarly prohibited. Spam sent via other networks, but referencing email addresses or websites at SkyQ is similarly prohibited. You may not use SkyQ as a 'drop off' address for replies to spam mail or spam posts sent from other networks. We encourage the appropriate use of email and usenet news, and we do not censor for content.

(11) mount an attack against our system or any other. This includes mail bombing, "hacking" or attempting to gain root access, tsunami or flood bots or annoyance utilities like "nuke" or "flash", employing packet sniffers, flood pings, etc.

Please see the Policy for additional examples of prohibited conduct. SkyQ reserves the right to protect its Members and SkyQ from offensive e-mail communication, including, but not limited to, the right to block mass e-mail solicitations, or "junk e-mail."

6. THE INTERNET

SkyQ is an Internet Service Provider that allows access to the Internet, but is not the Internet. SkyQ does not control the content, services, or areas available through the Internet (with minor exceptions, such as the SkyQ home page), and providers of Internet sites or services have separate data and privacy practices independent of SkyQ.

The Internet is not owned, operated, or managed by SkyQ or any of its affiliates. You agree that your Internet use is solely at your own risk and is subject to all applicable local, state, national, international and foreign laws and regulations. Neither SkyQ, its affiliates, nor telecommunications providers for SkyQ, shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any content, goods or services available through the Internet, or your inability to access the Internet or any of its sites.

7. CUSTOMER INFORMATION

Collection and Storage. We maintain the following types of identity and billing information: your name, street address, telephone number(s), length of membership, and payment information. We may keep information on your communications with our Customer Service department, and general account history, such as accumulated usage credits or written complaints relating to your account. We safeguard Individual Information from unauthorized access and only authorized employees or agents who need to carry out legitimate business functions are permitted access to Members Individual Information. Employees who violate SkyQ’s privacy policies are subject to disciplinary actions, including termination where appropriate. We may use agents, who are bound by strict confidentiality guidelines, to perform storage, processing, and other limited functions on SkyQ’s behalf.

8. SkyQ SOFTWARE LICENSES

SkyQ grants to you a non-exclusive, limited license to use SkyQ software to connect to SkyQ from authorized locations in accordance with this agreement. This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from, SkyQ software. You may not modify SkyQ software or use it in any way not expressly authorized in these Terms of Service.

9. WARRANTY

MEMBER EXPRESSLY AGREES THAT USE OF SkyQ, SkyQ SOFTWARE, AND THE INTERNET ARE AT MEMBER'S SOLE RISK. SkyQ, SkyQ SOFTWARE, AND THE INTERNET ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SkyQ PROVIDES THE SkyQ SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT MEMBERS WILL BE ABLE TO ACCESS THE SERVICE AT A TIME OR LOCATION OF THEIR CHOOSING. SkyQ’s ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF SkyQ, SkyQ SOFTWARE, AND THE INTERNET SHALL BE THE REPLACEMENT OF ANY SkyQ SOFTWARE FOUND TO BE DEFECTIVE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SkyQ’s LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. SkyQ DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH SkyQ, EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

10. INDEMNIFICATION

Upon SkyQ’s request, Member agrees to defend, indemnify and hold harmless SkyQ, its affiliated companies, telecommunications providers, and ICPs from all liabilities, claims and expenses, including attorneys fees, that arise from breach of the TOS by use of, or in connection with, the transmission of any content on SkyQ or the Internet by or through Members sub-accounts. SkyQ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Member hereunder. In such event, Member shall have no further obligation to provide indemnification for such matter.

11. TERMINATION

A. Either you or SkyQ may terminate your membership at any time. This is your sole right and remedy with respect to any dissatisfaction with SkyQ, including, but not limited to, (1) any TOS term, or policy or practice of SkyQ or (2) any amount or type of fees, surcharges, or billing methods, or change therein. You can terminate your membership by delivering notice to SkyQ’s Customer Service Department at 916-722-3377, or by sending your cancellation request via US Mail to: SkyQ, 980 9th Street, Suite 55, Sixteenth Floor, Sacramento, CA. 95814. Your termination will take effect within a reasonable time after SkyQ’s receipt of your notice as described above.

B. If your account is terminated or canceled by SkyQ, no refund, including any membership fees, will be granted; no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. Members whose accounts SkyQ has terminated may not access SkyQ without SkyQ’s prior express written permission. Active SkyQ Members may not allow former Members or other agents whose memberships have been terminated to use their accounts. Any delinquent or unpaid accounts must be concluded before you may re-register with SkyQ. Members using multiple accounts without prior express written permission from SkyQ shall have their membership terminated.

12. LAW

A. To the extent any conflict between this Agreement and the Policy exists, this Agreement shall take precedence. If any part of the TOS is held invalid or unenforceable, that portion shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions remain in full force and effect. The laws of the State of California excluding its conflicts of laws rules, govern the TOS and your membership. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. Member conduct may be subject to other local, state, and national laws. Member expressly agrees that exclusive jurisdiction for any claim or dispute resides in the courts of the State of California. Member further agrees and expressly consents to the exercise of personal jurisdiction in the State of California in connection with any dispute or claim involving SkyQ.

B. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to or through SkyQ any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this agreement. Control laws currently prohibit the export of the 128-bit version of any browser, including Internet Explorer, available through SkyQ. Control laws also prohibit nationals of Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria from gaining access to certain content on SkyQ.

SKYQ CUSTOMER ACCEPTABLE USE POLICY
Following are violations of SKYQ policies:

Using a personal account for high volume or commercial use.

Using any account to host pornographic material. Either written text or photos.

Exceeding .5 GB of traffic in a one month period.

Revealing your account password to others or allowing use of your account by others (other than authorized users in your household.)

Use of software or any device that would allow your account to stay logged on while you are not actively using SKYQ services.

We allow family/business users to share one account (using one modem per account). With the exception of dedicated dial up accounts, extended interval sessions that are either idle sessions, or sessions running only automated functions such as email checks, pings, etc., may be terminated by SkyQ.

We enforce these limits to ensure that all of our customers will have equal access to the connection they are paying for. The vast majority of our customers will never reach these limits. Customers exceeding these limits will be issued a warning, and if usage persists above these limits, the customer will be billed at the next higher rate tier (personal account billed at business account rate, business account billed at dedicated account rate).

Revisions to this Policy
SKYQ reserves the right to modify this Policy at any time upon at least thirty (30) days prior notice. Notice of modifications to this Policy may be given to Customers by posting such changes to the SkyQ homepage, by electronic mail or by conventional mail.

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