Acceptable Use Policy Introduction. Welcome to the FIX Net ISP system! We start every new User relationship with a Subscription Agreement. For the purposes of this Agreement, FIX Net, 4251 South Higuera, Suite 702, San Luis Obispo, California, 93401, (805) 781-6301, herein after referred to as "ISP" is the internet service provider and "User" is the person subscribing to ISP's services. This Agreement applies to all subscriber accounts and all commercial subscribers. ISP reserves the right to change this Agreement from time to time. If the Agreement is changed, each User will be required to review and accept the Agreement before User will be able to access the ISP system. Access and Services. Users may not resell ISP services or access. User account sharing is prohibited. User accounts are not intended for dedicated, continuous service. Dedicated or unmonitored modems connected on a continual basis are not allowed and may result in account suspension or termination. ISP is not responsible for the phone number dialed or stored in User's modem software. If User has any questions regarding the local access phone numbers, please contact ISP at the phone number listed above. User is responsible for acquiring and maintaining all equipment and software necessary to connect and to make use of ISP's services. ISP's Duties. ISP shall maintain a consistent link with the Internet, but ISP cannot and does not warrant the link will be continuous and uninterrupted. ISP shall maintain a dedicated connection to the Internet of sufficient bandwidth. ISP shall maintain a ratio of Users to Modems of no more than 10 Users per modem. ISP shall host one additional ISP server,supplied with a backup power supply, in case server crashes, power outages, maintenance or other service interruption. ISP shall, in good faith, comply with the terms of this Agreement, although even this cannot be deemed a guarantee. Fees and Payment. ISP will charge User a standard monthly fee for using ISP system as well as additional fees depending on the type of service User has selected. User should review the complete and current price list before signing up for any services. [http://www.fix.net/services_main.htm]. User may upgrade ISP service at any time. Upgrades will be performed on the notification date. User may downgrade ISP service at any time. Downgrade will be effective at the end of the current billing cycle in which notification is received. Users will be given the opportunity to pay by credit card or by check when initially signing up for ISP services account. Payments due to ISP each month on the date User is invoiced. If payment is fifteen (15) days late, User will be charged a late fee of $3.00 in addition to the current service fees. If payment is thirty (30) days late, User access will be terminated. User can reactivate ISP services account with a reactivation fee of $25.00. ISP's returned check fee is as set in the current price list. ISP RESERVES THE RIGHT TO CHANGE THE ISP PRICE LIST AT ANY TIME FOR ANY REASON. WHEN THE PRICE LIST IS CHANGED, ALL ISP USERS WILL BE NOTIFIED BY EMAIL. User Cancellation. User may cancel ISP services account at any time by providing written notice to ISP. User will remain liable for all charges accrued up to that time, including full monthly charges for the billing cycle for which User discontinued service. No refunds will be given for unused subscription time. Disclaimers of Warranty. THE SYSTEM AND ISP SERVICES ARE PROVIDED "AS IS" AND ISP SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. Limitation of Liability. User must bear the risk of any liability relating to User's use of ISP's system. ACCORDINGLY, USER'S USE OF THE ISP SERVICES IS ENTIRELY AT USER'S SOLE RISK. ISP WILL NOT BE RESPONSIBLE TO USER OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES USER OR ANY THIRD PARTY MAY INCUR IN CONNECTION WITH THE USE OF ISP'S SERVICES, USER'S USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON ISP'S SYSTEM, REGARDLESS OF THE TYPE OF CLAIM, TORTIOUS OR CONTRACTUAL OR OTHER LEGAL OR EQUITABLE GROUNDS, OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ISP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ISP, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES OR LIABILITIES AGAINST ISP. Links to Third Party's Sites. Any links to sites operated by a third party and provided in ISP's site will let Users to leave ISP's site. The linked sites are not under ISP's control and ISP is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. ISP is providing these links to Users only as a convenience, and the inclusion of any link does not imply endorsement by ISP of the site. System Rules. User hereby agrees to be bound by certain rules which are important for the proper use of the ISP system. User's failure to follow these rules, whether listed in the Agreement or in the ISP's Policies and Procedures posted at http://www.fix.net/policies_main.htm hereby incorporated by reference herein, may result in termination of User's service. User may only use ISP's system for lawful purposes. Users are prohibited from transmitting via ISP's system any unlawful, or otherwise harmful material nor shall any information or materials be transmitted in violation of any local, state, or Federal law or applicable foreign law, international covenant or treaty. Without limiting a. above USERS MAY NOT: Tell others User's password or allow anyone else to use User's ISP account. Attempt to log in more than once at the same time on any given account. While Users should feel free to express themselves, Users should respect other users of the system and not do anything to attack or injure others. User agrees to follow the ISP's Policies and Procedures posted at http://www.fix.net/policies_main.htm. Export Control. User agrees its Web Site shall comply with all export, re-export or import laws and regulations of any jurisdiction from which User's Web Site is transmitted or accessed. User agrees it shall obtain written authority from all appropriate governmental bodies, if User intends at any time to re-export any items originating from that jurisdiction to any proscribed destination. User shall indemnify ISP, hold ISP harmless and provide a defense to ISP for any such compromise of User's security. Privacy Considerations. User has no privacy rights in any information sent over ISP's system. User hereby specifically acknowledges and agrees to be bound by the provisions of the http://www.fix.net/policies_main.htm and consent to provide the necessary account set up information and to allow ISP to use and disclose such information in compliance therewith. Some sites may ask User to provide personal financial information (in addition to Personal Information like name and address) over an encrypted connection, enabling User to purchase items on-line. ISP or other sites may place a text file called a "cookie" in the browser files of User's computer. The cookie itself does not contain Personal Information although it will enable the Sites to relate User's use of the Sites to information that User have specifically and knowingly provided to the Sites. Privacy Considerations of Content and Children. User acknowledges and agrees that ISP's custom and practice is to not monitor, review, limit, censor, or otherwise control the content transmitted on the system and that it is practicably and technically not feasible for ISP to attempt to do so to any meaningful degree. User is solely responsible for the results of content transmitted by the system, whether originating with the User or received by User from any other person. WARNING: CERTAIN MATERIAL AVAILABLE THROUGH THE SYSTEM MAY NOT BE SUITABLE FOR INDIVIDUALS UNDER THE AGE OF 18. PARENTS ARE URGED TO EXERT PARENTAL DISCRETION AND CONTROL IN THESE MATTERS. User warrants and represents that all persons having access to the system via the User's account are at least 18 years of age. ISP will not be responsible for delivery of adult-oriented material to children. User is solely responsible for employing filtering programs to prevent unwanted transmissions. ISP Parental Consent. By acceptance of Agreement by parent or legal guardian ("Parent") of a minor child, Parent agrees to be responsible for minor child's use of the Service and to pay all charges incurred by such minor child's use of the Service. Content Quality. The parties expressly recognize ISP cannot and does not guarantee or warrant files available for downloading through ISP will be free of infection, viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. User agrees it shall be solely responsible for implementing sufficient procedures to satisfy User's particular requirements for accuracy of data input and output, and for maintaining a means external to ISP for the reconstruction of any lost data. The parties also expressly recognize the Internet contains unedited materials, some of which are unlawful, indecent, or offensive to User, and access to such materials by User is done at User's sole risk. Security. The parties expressly recognize it is impossible to maintain flawless security, but ISP shall take reasonable steps to prevent security breaches in ISP's server interaction with User and security breaches in ISP's server interaction with resources or users outside of any firewall that may be built into ISP's server. However, User is solely responsible for preventing password protected pages within its Web Site from being automatically indexed and linked to search engine Robots or Spiders. User is solely responsible for any damage caused by such unauthorized access, and User indemnifies and holds ISP harmless for any compromise of User's security. Message and data encryption is enabled on ISP's server, however User is solely responsible for encoding its Web Site to conform with generally accepted encryption standards, and User indemnifies and holds ISP harmless for any compromise of User's encryption method. Suspension and Termination. User account may be suspended and/or terminated, at ISP's sole option, for the following reasons: Nonpayment or late payment of subscription fees. Use in violation of any local, State or Federal statute, regulation or law of any sort. User violation of ISP Policies and Procedures or this Internet Subscription Agreement. Suspension is where ISP locks User's account and User must contact ISP in person or by telephone to address and release the suspension. Suspension release may require a service charge of up to $25.00. Termination is where ISP closes User's account. Upon User account termination, ISP reserves the right to delete all program and data files associated with User's account and/or other information User has on our system. ISP reserves the right to terminate service to anyone for any reason at any time. Proprietary Rights. User's use of ISP's system affords User access to many of the features of ISP's system, but some aspects of ISP's system remain within ISP's exclusive proprietary control. ISP or ISP's suppliers own the intellectual property rights to any and all protectable components of ISP's system, including but not limited to the computer software, the related documentation, the "look and feel," the end-user interfaces, the name of ISP's system, many of the individual features, and the collective works consisting of sequences of all public messages on our system. User may not reproduce any sequence of messages from ISP's system, either electronically or in print, without ISP's permission. In addition; User may not copy, modify, adapt, reproduce, translate,distribute, reverse engineer, decompile or dissemble any aspect of the system which ISP or ISP's suppliers own. License. ISP may provide software to facilitate User's use of ISP's service. User's right to use the Software is limited to a non-transferable, non-exclusive license to use the Software only in connection with your authorized use of ISP's service pursuant to the terms and conditions of this Agreement and the software license accompanying the software.Any termination of User's right to use ISP's Service for any reason will also terminate the Software License. This license will automatically terminate if User fails to comply with any term or condition of this Agreement, or in the event of termination of User's service agreement with ISP. User hereby agrees to return the Licensed program or destroy it, along with any backup or other copies in User's possession, immediately upon termination of this Agreement. Indemnity. Users shall defend and indemnify ISP and hold ISP harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees), relating to any acts by User or materials or information transmitted by User in connection with ISP system, leading wholly or partially to claims against ISP or ISP's system by other Users or third parties, regardless of the type of claim or the nature of the cause of action. Notice. Any notice to be given to ISP under the terms of this Agreement shall be addressed to ISP at the address of its principal place of business, See address in Introduction above. Any such notice to ISP shall be deemed to have been duly delivered only when received by ISP. Any notice to be given to User shall be sent to User's last known e-mail addressor mailed to User's last known billing address on ISP's records. Any such notice to User shall be deemed to have been duly delivered when thee-mail is sent by ISP or when ISP deposits the notice, duly addressed and postage paid in US mail. Disputes. All conflicts regarding this service between ISP, User and/or any third party will be processed and addressed according to the ISP Policies and Procedures (http://www.fix.net/policies_main.htm). User hereby agrees that it is User's responsibility to take immediate action to resolve or defend any third party complaints at User's expense. ISP shall promptly notify User of any third party complaint together with a demand for immediate resolution and/or defense by User. The failure of either party to seek relief for the other party's breach of any duty under this Agreement, shall not waive any right of the non-breaching party's to seek relief for any subsequent breach. Assignment of Agreement: User shall not assign the Agreement or its rights thereunder without prior written consent of ISP. Any attempt to make assignment without ISP's consent shall be void. Severable Provisions. The provisions of this Agreement are severable,and if one or more provisions should be determined to be judicially unenforceable, in whole or in part, the remaining provisions shall nevertheless be binding and enforceable. Force Majeure. ISP's nonperformance shall be excused to the extent that performance is rendered impossible by strike, fire, flood, weather,earthquakes, governmental acts or orders or restrictions, failure of suppliers, lack of transportation, or any other reason where failure to perform is beyond the control and not caused by the negligence ISP. Acceptance of delivery of goods or services shall constitute a waiver and release of ISP by User for any claim for damages, setoff, discount or other liability on account of delay. Governing Law. User agrees this Agreement shall for all purposes be governed by and construed in accordance with the laws of the State of California, and any action arising out of this Agreement shall be litigated and enforced under the laws of the State of California. In addition, User agrees to submit to the jurisdiction of the courts of the State of California, County of San Luis Obispo, and that any legal action pursued by User shall be within the exclusive jurisdiction of the courts of the State of California, County of San Luis Obispo. Language. This Agreement was negotiated and executed in English, and the original English language version shall be controlling. The definition of any specific computer or internet related terms are contained in Hacker's Dictionary (http://www.ccil.org:80/jargon). Captions contained in this Agreement are for reference purposes only, and are not intended by either party to describe, interpret, define, broaden or limit the scope, extent or intent of the Agreement or any of its provisions. Acknowledgment. This Agreement represents the entire understanding between User and ISP regarding User's relationship to ISP and supersedes any prior statements or representations. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. USER'S SIGNATURE ON A HARD COPY OF THIS AGREEMENT IS NOT REQUIRED IN ORDER FOR THE AGREEMENT TO BE LEGALLY BINDING ON USER. USER'S USE OF THE SERVICE OR THE SOFTWARE SHALL CONSTITUTE A VIRTUAL SIGNATURE, HAVING THE SAME FORCE AND EFFECT AS IF USER HAD ACTUALLY SIGNED A HARD COPY OF THIS AGREEMENT.