Coastside Net, Inc. requires that everyone who uses its service sign this Agreement.
1. Parties. Coastside Net, Inc. (Coastside Net) is an Internet access Service Provider and a party to this Agreement. The person whose signature appears below (herein referred to as "you") is the other party to this Agreement.
2. Agreement; Change in Terms. By signing below and accessing Coastside Net's services, you agree to be bound by the terms of this Agreement. You also agree to be bound by any change in these terms which may be published via Coastside Net's services while you are a user of Coastside Net's services. If you do not want to be bound by the terms of this Agreement or by any subsequent changes to these terms, please contact Coastside Net immediately so that we may close your account.
3. Limitation of Liability and Indemnity. You agree that Coastside Net will not be liable to you, beyond the refund of your current term's charges, for any direct, indirect, consequential, special or punitive damage(s) or loss(es) whatsoever you may incur in connection with the use of Coastside Net's system or of any of the data or other materials transmitted through or residing on Coastside Net's system, even if Coastside Net has been advised of the possibility of such damage or loss. This includes, but is not limited to, loss of data or any other loss whatsoever resulting from delays, non-deliveries, misdeliveries, or service interruptions of any nature whatsoever. In addition, you agree to defend and indemnify Coastside Net and hold Coastside Net 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 you or materials or information transmitted by you or any use by you of Coastside Net's services which leads wholly or partially to claims against Coastside Net or Coastside Net's system by you, by another customer or by any other person or entity. Without limiting the generality of the above paragraph, you further acknowledge and agree that:
a. No Warranties; No Responsibility. Coastside Net exercises no control whatsoever over the content of the information passing through its Internet connection. Coastside Net makes no warranties of any kind, whether expressed or implied, as to the availability, accuracy, or content of the information, products, or services it is providing. Coastside Net disclaims any warranty of merchantability of fitness for any particular purpose. Use of any information or data obtained via Coastside Net is at your own risk. Coastside Net bears no responsibility for the accuracy or quality of information obtained through its services. Coastside Net is not responsible for Telco charges.
b. Minors; Obscenity. You acknowledge and agree that materials are available on the Internet which may not be suitable for minors and that Coastside Net is not responsible for the prevention of access to such material and resources by minors or others. You agree that you have the sole responsibility for monitoring what is available to any minors or others who have access to the internet through your Coastside Net account. You further agree that you have sole responsibility for compliance with obscenity laws with respect to materials retrieved via Coastside Net's facilities. FURTHER AGREEMENTS You further acknowledge and agree:
4. Use Restricted to Lawful Purposes. You agree that you will only use Coastside Net's services for lawful purposes. You agree that you will not transmit any material in violation of any U.S. federal, U.S. State, or foreign law. This includes, but is not limited to: copyrighted material, material legally judged to be threatening, obscene, in violation of the Communications Decency Act or any other section of the Telecommunications Reform Act of 1996, or material protected by trade secret. Your keyboard input or files may be monitored in the event of a real or perceived security incident. You agree that Coastside Net may remove objectionable materials residing on Coastside Net's server. Such removal shall be at Coastside Net's sole discretion and Coastside Net shall be the sole judge of what constitutes objectionable material.
5. Other Networks; Access and Cancellation at Coastside Net's Discretion. You agree to comply with the acceptable use policies, rules and regulations, and terms and conditions of any networks accessed by you through Coastside Net. Coastside Net reserves the right to refuse service to anyone. Coastside Net further reserves the right to deny access to, or close, any account(s) which, in Coastside Net's sole opinion, is (are) causing, or may cause, harm to the Coastside Net server or to other systems. Coastside Net will make a reasonable effort to notify any user of Coastside Net's action, but is not bound by this agreement to do so.
6. Account Usage. When you sign this Agreement and pay the appropriate charge, you are entitled to an account. An individual account entitles only the named user to log in, and only using one of Coastside Net's modems at a time. Business accounts allow multiple individuals within an organization to access Coastside Net, but only one at a time and only on one modem or TCP/IP session.
7. CPU Usage. Programs used to emulate a TCP/IP connection from within a shell account are prohibited.
8. Modem Usage. Individual dial-in accounts are for personal, non-transferable, casual use. Coastside Net does not meter usage of shared resources such as dial-in lines and modem connections. However, you agree not to use shared resources to such as degree that such use adversely impacts the availability of the network for other users. You acknowledge that individual accounts are not intended for those situations where a modem connection is maintained semipermanently. Individual users agree that at no time will you maintain more than one simultaneous modem connection. You agree that Coastside Net may, at its sole discretion, automatically disconnect sessions with no activity for a prolonged period of time. You also agree that you will not use automated programs to defeat idle timeout.
9. Disk Usage. You agree that storage of user data will be done within the user's assigned home directory, or as assigned by Coastside Net's staff. You agree not to use other disk space, except for Coastside Net system programs making temporary use of the system's public file system areas. Coastside Net agrees to supply account users 50 megabytes of disk space. Those requiring additional disk space may contact Coastside Net for details.
10. Mail Usage. You agree that you will not send bulk mail to more than one hundred (100) users nor unsolicited commercial mail to multiple recipients or use your Coastside Net account or web pages as a return address for unsolicited commercial mail originated elsewhere.
11. UseNet Usage. You agree not to make commercial postings to newsgroups the charter of which does not specifically allow commercial postings, or postings which are directed to either inappropriate, unrelated, or more than twenty (20) groups or use your Coastside Net account or web pages as a return address for such postings originated elsewhere. Should violation of this provision require corrective action by Coastside Net technicians, you agree to pay all costs incurred (minimum $1,000) in mitigating any harmful effects.
12. Billing Policies; Application Form; Changes. The Application Form which you signed is hereby incorporated into this Agreement. You agree that Coastside Net may change its rates and otherwise modify any terms and conditions of this Agreement by notifying you via Coastside Net's services 30 days in advance of the effective date of such changes. Until you notify us to close your account, you agree that any new terms and conditions will supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with the terms and conditions of this Agreement and all order forms submitted. To open or close a Coastside Net account requires written notification by written notice. Coastside Net cannot process phone requests that are not accompanied by written documentation. Service is invoiced in advance of applicable term. You agree to pay service charges until your account is cancelled by signed notification. Upon such notification, Coastside Net agrees to refund the service fees for any future terms, and close your account at the end of the current billing period. Coastside Net invoices quarterly, monthly or by credit card for all accounts. You agree to make all payments by the specified due date. Accounts will be suspended for non-payment. You agree to pay a $10.00 administrative fee to re-instate your account if it is suspended for non-payment. You also agree to pay a $10.00 administrative fee for the second or subsequent change in user id which you request. You also agree to pay a $50.00 administrative fee for domain name changes which you request. If your check is returned to Coastside Net unpaid, you agree that you will pay a return check charge of $15.00. If you choose automatic payment by credit card, Coastside Net will process service charges on or about the 1st of each month, depending on actuation date. You agree that access to your account can be restricted if credit card processing fails for any reason. You agree that if your account is unpaid after sixteen (16) days of due date, Coastside Net may cancel your service. If you default, you agree to pay Coastside Net reasonable collection expenses, including attorney and collection agency fees.
13. Choice of Law. You and Coastside Net agree that the law of the State of California, U.S.A. will apply to all matters relating to this Agreement and to Coastside Net's services. In addition, you and Coastside Net agree and consent that the courts of San Mateo County, California, U.S.A. will have exclusive jurisdiction and be the exclusive venue for any legal actions relating to this Agreement or to the services provided hereunder.
14. Rights Not Waived. Failure by either you or Coastside Net to insist upon compliance by the other party with the terms and conditions of this Agreement shall not constitute a waiver of any rights under this Agreement.
15. Partial Invalidity. If any part, term or provision of this Agreement is determined to be invalid or unenforceable by a court, board or tribunal of competent jurisdiction, such term or provision shall be construed in all respects as if such provision were written in a manner acceptable to said court, board or tribunal, or, if such provision is found to be totally unacceptable to such court, board or tribunal in any form, then as if such invalid provision were omitted altogether.
16. Entire Agreement. It is expressly understood that there are no oral agreements or understandings between you and Coastside Net which will be deemed to extend, restrict or otherwise supersede the exact terms of this Agreement. If any provision of this Agreement fails to comply with applicable law, then this Agreement shall, without prior Notice, be automatically modified to conform with the minimum requirements of any law or governmental regulation having application to or jurisdiction over the subject matter or the parties hereto. Otherwise, this Agreement, the Application Form, and any later written changes published via Coastside NetÕs service, constitutes the entire agreement between the parties.