Surfari Net Policies - YOU MUST READ THESE! 12/01/99 ======================================================= We strive to offer the best service for all your Internet needs. We hope that all of you can enjoy and appreciate what we have to offer on your "Surfari" through the Internet Jungle! GENERAL POLICIES and GUIDELINES of SURFARI INTERNET PROVIDER SERVICES ======================================================= SECTION-1 It is a Surfari Internet Provider Services (herein after known as Surfari.Net) General Policy that the system is to be used in a responsible, ethical, courteous, efficient and legal manner in accordance with appropriate Internet etiquette and all applicable laws of the State of California and the United States of America. It is a Surfari.Net General Policy that the registered user accounts are for personal use and not intended to provide a business grade level of service. -Whereas, all registered user accounts must be registered in the registering user's name for their sole use (Guideline IV), all registered user accounts must have the "surfari.net" domain name, and all registered user accounts are subject to the connect time and disk space allotments afforded in their respective agreements with Surfari.Net. It is a Surfari.Net General Policy that while Surfari.Net does not review, edit or remove any material made available on the Surfari.Net system, it does reserve the right to review, edit or remove any material that Surfari.Net, in its sole discretion, believes to be unlawful, obscene, abusive, or an infringement of any applicable copyright laws. It is a Surfari.Net General Policy that all subscribers must acknowledge: 1. Their understanding and acceptance of the Surfari.Net General Policies and Guidelines. Acceptance of the General Policies and Guidelines is implied by virtue of signing up for services either electronically or by written document; and 2. Their adherence to the applicable Surfari.Net Subscriber Agreement supplied by Surfari.Net; either during the on-line registration process or by mailing in a signed Surfari.Net Subscriber Agreement as a condition of receiving a Surfari.Net account. It is a Surfari.Net General Policy that visitors to the system are required to understand, accept, and follow the Surfari.Net General Policies and Guidelines as a condition of maintaining an on-line session. It is a Surfari.Net General Policy that all subscribers be aware that the use of Surfari.Net is a privilege and not a right and failure to adhere to Surfari.Net's General Policies and Guidelines and/or the Acceptable Use Policies of Surfari.Net could result in revocation of those privileges. This determination will be made by at the sole discretion of the Surfari.Net General Partnership. GUIDELINES GUIDELINE I: Acceptable uses of Surfari.Net are activities which promote education and civic participation. Subscribers are encouraged to develop uses which meet their individual needs and which take advantage of Surfari.Net's telecomputing functions: electronic mail, Usenet news groups, the World Wide Web, and access to other Internet resources. GUIDELINE II: Unacceptable uses of the network include, but are not limited to: 1. Suspected violation of the Surfari.Net Subscriber Agreement or Surfari.Net's General Policies and Guidelines. The General Policies and Guidelines and Subscriber Agreement are posted in electronic form on the Surfari.Net User Services Web Page. The User Agreement and Sign-Up page may be downloaded FTP from ftp://www.surfari.net/pub/surfsign. It can then completed and mailed with payment to: Surfari Net 135B North Halcyon Arroyo Grande, Ca. 93420 Please be sure to read all of Surfari.Net's Policies and Guidelines prior to mailing! 2. Suspected violation of local, state, and/or federal laws. This includes, but is not limited to, the State and Federal Computer Crime Laws. Violation of these laws may also lead to prosecution ; 3. Using profane, obscene, abusive, harassing or other offensive language in publicly accessible areas of Surfari.Net or, upon registration of a complaint, within e-mail messages. If you are subject to harassment please be sure to REPORT IT to Surfari.Net; 4. Posting personal communications without the author's prior consent; 5. Copyrighted material, text, data, graphics, or commercial software may not be placed in publicly accessible areas of Surfari.Net without the expressed permission of the rightful owner or persons they may specifically authorize; 6. The planning or implementation of any illegal activity; 7. Forging of email or Usenet messages; 8. Engaging in activity that is believed to seriously degrade system performance either on the Surfari.Net system or any other remote system. This includes, but is not limited to, e-mail chain letters, "mole" programs, generating sufficient WWW traffic as to adversely affect system performance, or any other activity that interferes with the ability of users to make use of the network; 9. Posting off topic messages to Usenet newsgroups or posting the same or similar messages to a large number of newsgroups (generally more than five is considered excessive), this is known as spamming; 10. Suspected violation, or suspected attempted violation, of account, system, and/or network security, whether directed at the Surfari.Net system or another remote system; 11. Failure to comply with Surfari.Net's request to cease any system activity; 12. Non-payment of account fees for more than ten days. GUIDELINE III: Subscribers must be aware of the finite capacity of the Surfari.Net facilities and are requested to cooperate with the Systems Specialists to conserve resources and assure equitable access for all. The system has a limited number of modem ports. Users are requested to: 1.Prepare text files for uploading before logging on; 2.Log off before editing and printing downloaded files; 3.Delete e-mail files as soon as possible. GUIDELINE IV: The person in whose name a Surfari.Net account is registered is responsible at all times for its proper use. Registered User accounts are nontransferable. Registered user accounts may not use aliases other than those specifically setup during the account registration. Registered users are allowed only one login session at any time. Registered users may not allow anyone else the use of their account. This includes, but is not limited to, the use of a valid Surfari.Net account as a telnet/FTP gateway from any other Internet account not owned by the Surfari.Net registered user. Registered users may not resell the access, the use, or the disk space of their account. Registered users should change their passwords frequently to protect them from unauthorized use. GUIDELINE V: Users must be aware that though the use of on-line information access systems can be an extremely positive and enriching experience and that while Surfari.Net can maintain limited control over what is displayed in our menu system, there exists controversial material on the Internet that may be offensive to some people due to the adult nature of its frank language and/or explicit graphics. Surfari.Net believes that our subscribers should be able to decide for themselves what they wish to view on the Internet. Surfari.Net will not accept the responsibility of determining what content should be available to the users of this system outside of the publicly accessible menu areas. Therefore, it is essential that a parent or legal guardian of account applicants under the age of 18 years sign an agreement form signifying understanding of the situation and accepting responsibility for monitoring the minors use of their Surfari.Net account. GUIDELINE VI: Classroom teachers supervising K-12 student accounts should require a parent or legal guardian to sign a Surfari.Net Subscriber Agreement form prior to the student's use of Surfari.Net. Teachers are responsible for instructing students in proper techniques and standards for participation, for guiding student access to appropriate sections of the network, and for assuring that students understand that if they misuse the network they will lose their accounts. Particular concerns include, but are not limited to, issues of privacy, copyright infringement, e-mail etiquette, and approved and intended use of Surfari.Net resources. GUIDELINE VII: Users must avoid knowingly or inadvertently spreading computer viruses. Do not upload files from unknown sources. Deliberate attempts to degrade or disrupt system performance will be viewed as criminal activity under applicable state and federal laws. GUIDELINE VIII: Accounts which have been suspended or revoked shall be administered in accordance with the following guidelines: 1. A first time violation of the Surfari.Net General Policies or Guidelines will result in a warning to the registered user of the account issued by Surfari.Net. Unless the violation is a crime defined by the CA Computer Crime law, or any applicable federal laws, in which case the account will be revoked. Surfari.Net will send a letter to the registered user stating the policy infraction and future expectations/actions. The user will be required to write a conciliatory letter to Surfari.Net acknowledging their responsibility /liability to conducting themselves within the Surfari.Net General Policies and Guidelines ; 2. A second violation of the Surfari.Net General Policies or Guidelines will result in the account being revoked. Surfari.Net will send a letter to the user stating the policy infraction and history of the previous infraction(s). No refund for the current month will be issued. A refund will be issued for any months which are paid in advance (except the current month). 3. The registered user whose account has been revoked has the right to appeal the revocation to the General Partnership of Surfari.Net. The reactivation of the account will be at the sole discretion of the General Partnership of Surfari.Net. The reactivation of any revoked account will incur a setup fee at advertised rates that will not be waived. GUIDELINE IX: Surfari.Net supports equal system access for all people regardless of race, color, religion, sex, sexual orientation, national origin, age, disability, or marital status. GUIDELINE X: SURFARI.NET DOES NOT WARRANT THAT THE FUNCTIONS OF THIS SYSTEM WILL MEET ANY SPECIFIC REQUIREMENTS YOU MAY HAVE; NOR THAT IT WILL BE ERROR FREE OR UNINTERRUPTED; NOR SHALL SURFARI.NET BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST DATA, INFORMATION, OR PROFITS) SUSTAINED OR INCURRED IN CONNECTION WITH THE USE, OPERATION, OR INABILITY TO USE THE SURFARI.NET SYSTEM. If you have questions: 1. Send email to info@surfari.net 2. Leave a phone message at 805-473-6525 3. or, send us mail via The U.S. Post Office to: Surfari Internet Provider Services 135B North Halcyon Arroyo Grande, CA 93420 ======================================================== ======================================================== SECTION - 2 Surfari Internet Provider Services Customer Agreement for Individual Internet Services - Sign is Attached on Bottom ======================================================== This is a contract. Read it carefully. Surfari Internet Provider Services requires that everyone who uses its services understand and agree to all it's terms prior to submitting their registration. Thank You! 1. Parties. Surfari Internet Provider Services (herein after referred to as "Surfari.Net") is an Internet access Service Provider and a party to this Agreement. The person that accesses Surfari.Net services (herein after referred to as "you") is the other party to this Agreement. 2. Changes in Terms. By accessing Surfari.Net 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 by Surfari.Net's services while you are a user of Surfari.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 Surfari.Net immediately so that we may close your account. 3. Limitation of Liability and Indemnity. You agree that Surfari.Net will not be liable to you, beyond the refund of any unused future months account charges, for any direct, indirect, consequential, special or punitive damage(s) or loss(es) whatsoever you may incur in connection with the use of the Surfari.Net system or of any of the data or other materials transmitted through or residing on the Surfari.Net system, even if Surfari.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 Surfari.Net and hold Surfari.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 at any use by you of Surfari.Net's services which leads wholly or partially to claims against Surfari.Net or Surfari.Net's system by you, by other customers, or by anyone else. Without limiting the generality of the above paragraph, you further acknowledge and agree that; a. No Warranties; No Responsibilities. Surfari.Net exercises no control whatsoever over the content of the information passing through its Internet connection. Surfari.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. Surfari.Net disclaims any warranty of merchantability of fitness for any particular purpose. Use of any information or data obtained via Surfari.Net is at your own risk. Surfari.Net bears no responsibility for the accuracy or quality of information obtained through its services. b. Minors; Obscenity. You acknowledge and agree that materials are available on the Internet, which may not be suitable for minors, and that Surfari.Net is not responsible for the prevention of access to such materials 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 Surfari.Net account. You further agree that you have sole responsibility for compliance with obscenity laws with respect to materials stored, retrieved or transmitted via Surfari.Net's facilities. Further Agreements You further acknowledge and agree : 4. Use Restricted to Lawful Purposes. You agree that you will only use Surfari.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 judged to be threatening or obscene, or material protected by trade secret. 5. Other Networks; Access and Cancellation at Surfari.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 Surfari.Net. Surfari.Net reserves the right to refuse service to anyone. You further agree that although the use of Surfari.Net by you may be for lawful purposes, Surfari.Net may cancel any account at any time without cause and without notice. 6. Account Usage. When you pay the appropriate charge, you are entitled to an account. An individual account entitles only the named user to login, and only on one dial-up modem or TCP/IP session at a time. You agree not to resell, sublet, share, or otherwise make available your account(s) to others. You may not advertise products or services. 7. Modem Usage. Individual dial-in accounts are for personal, non-transferable, casual use. You agree not to use shared resources to such a degree that such use adversely impacts the availability of the network to other Surfari.Net customers. You acknowledge that individual accounts are not intended for those situations where a modem connection is maintained semi-permanently. Individual users agree that at no time will you maintain more than one simultaneous modem connection. You agree that Surfari.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 time-out. 8. Disk Usage. You agree that storage of user data will be done within the user's assigned home directory, or as assigned by Surfari.Net's staff. You agree not to use other disk space, except for Surfari.Net's system programs making temporary use of the system's public file system areas. Surfari.Net agrees to provide account users 10 megabytes of disk space. Those requiring additional disk space may contact Surfari.Net for additional details. 9. E-Mail Usage. You agree that you will not send bulk e-mail to more than one hundred (100) users. Unsolicited E-mail to multiple recipients is strictly prohibited. 10.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 five (5) groups. Excessive use resulting in complaints may result in account suspension/revocation. Should violation of this provision require corrective action by Surfari.Net System Specialists, you agree to pay all costs incurred (minimum $1000.00) in mitigating any harmful effects. 11.Billing Policies; Applicable Form; Changes. The Application Form, which you signed (or applied via phone call/web page), is hereby incorporated into this Agreement. You agree that Surfari.Net may change its rates and otherwise modify any terms and conditions of this Agreement by notifying you via Surfari.Net's services 30 days in advance of such changes. Until you notify Surfari.Net 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. Service is invoiced in advance of applicable term. You agree to pay service charges until your account is canceled by signed notification. Upon such notification, no refunds will be sent to customers unless some agreement is made between the customer and the management of Surfari.Net. Surfari.Net invoices monthly for all accounts. You agree to make all payments within ten (10) days from the due date. If your check is returned to Surfari.Net unpaid, you agree that you will pay a return check charge of $5.00 for the first returned check, and $15.00 for each thereafter. If you choose automatic payment by credit card, Surfari.Net will process service charges on the 1st of each month. 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 ten (10) days of the due date, Surfari.Net may cancel your service. If you default, you agree to pay Surfari.Net reasonable collection expenses, including attorney and collection agency fees. 12.Choice of Law. You and Surfari.Net agree that the law of the State of California, USA will apply to all matters relating to this Agreement and to Surfari.Net's services. In addition, you and Surfari.Net agree and consent that the courts of San Luis Obispo County, California, USA will have exclusive jurisdiction and be the exclusive venue for any legal actions relating to this Agreement or to the services provided hereunder. 13.Rights Not Waived. Failure by either you or Surfari.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. 14.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. 15.Entire Agreement. It is expressly understood that there are no oral agreements or understandings between you and Surfari.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 to 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 Surfari.Net's service, constitutes the entire agreement between the parties. SIGNED on this _______ day of ________________________, 19______ at _________________________________ CA. ____________________ZIP (City) Printed Name __________________________________________________ Signature______________________________________________________ ACCEPTED by Surfari.Net on this _______ day of ________________________________, 19________ By: ______________________________________________________________ Please mail this signed application with payment to: Surfari.Net Internet Providers 135B North Halcyon Arroyo Grande, Ca. 93420 Thank You!