This agreement represents the complete agreement and understanding between PlantagaNet and Customer and supersedes any other written or oral agreement. Upon notice published on-line via PlantagaNet, PlantagaNet may change these terms and conditions, and/or change the prices charged for these services, and/or discontinue or change the services offered.

Provision of Services

PlantagaNet will provide services on its host computing systems to individual customers in exchange for payment of fees and compliance with the terms and conditions of this document. PlantagaNet services are defined as the use by Customer of computing, telecommunications, software, and information services provided by PlantagaNet. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the world-wide computer network known as the Internet.

Account and Agreement Term

This agreement shall remain in effect until Customer terminates his/her account or PlantagaNet cancels Customer's account. PlantagaNet may occasionally require new registration and account information by Customer to continue this service. In addition, Customer shall notify PlantagaNet in writing or by e-mail of any changes in the account information, such as address or phone number. PlantagaNet also requires updated credit card information from those customers choosing this method of payment one month prior to the card expiration date. We strongly reccommend you send this information by mail.

All accounts described below are for personal, non-transferable access. Note that signing on with more than one concurrent user session through our modem pool is explicitly prohibited, as is lending or giving your account password to others. EACH INDIVIDUAL PERSON WHO USES PlantagaNet MUST HAVE THEIR OWN ACCOUNT. This is to protect the account holder and insure each user of PlantagaNet service has read and signed this agreement.

PlantagaNet reserves the right to change the terms and conditions by notifying Customer in writing or by email at least 30 days in advance of the effective date of the change. Use by the Customer after the effective date constitutes acceptance of the new terms and coditions. If the customer does not agre to the new terms and conditions, Customer may cancel this agreement at any time by giving PlantagaNet proper written notice in accordance with the terms and conditions stated herein.

PlantagaNet also reserves the right to terminate an account at any time for any reason. Customer will receive a refund for any prepaid but unused time.

Billing/Terms/Termination

PlantagaNet will bill Customer monthly subscription and connection fees as set forth in PlantagaNet's current rate schedule. This schedule may be modified by PlantagaNet upon 30 days notice in writing or by email to Customer.

PlantagaNet will not enable Customer's Internet access account until the PlantagaNet Connection Services Order Form and Service Contract is received from Customer. It must be signed and dated by Customer and by Customers' parent or legal guardian if Customer is under 18 years of age.

PlantagaNet does not recommend sending cash through the mail; we are not responsible for the loss of your funds. We prefer payment via VISA, MASTER CARD or American Express.

If you use a credit card your subscription will automatically be charged to your credit card on a monthly basis on the first day of each month until PlantagaNet is notified in writing of your request to cancel service. We also accept Checks and money orders as well as purchase orders from qualified firms.

The PlantagaNet accounting period is one month and the accounting cycle begins on the first day of each month. The initial account billing will cover the month for which the account is established. Fees are prorated. The Customer must notify PlantagaNet at least 15 working days before the next payment is due if Customer wishes to change the metod of payment. Customer must notify PlantagaNet at least 10 days before the next payment is due if Customer wishes to change type of account.

Service payments will be submitted in advance of receiving services. Delinquent accounts are those that remain unpaid at the beginning of the next accounting cycle. If an account is deliquent for 30 days, PlantagaNet reserves the right to delete the account and all associated files. Once deleted, all record and files in your account are never accessible or recoverable. There is a $15.00 service charge for each returned check.

Termination requests for PlantagaNet accounts must be received in writing via email, or postal service at PlantagaNet's main office. Accounts will be terminated within 5 working days after the receipt of such requests.

PlantagaNet will invoice all accounts paid by a means other than credit card. The fee for invoicing is one dollar per month. You are responsible for remitting payment to PlantagaNet before the next billing cycle to extend your subscription. Note that if your account expires due to non-payment, it will be held inactive for 30 days; if you renew before that time, your files and any incoming mail will remain intact, BUT YOUR RENEWAL WILL BE FROM THE EXPIRATION DATE, not the date of receipt of your payment. That is, if your account expires on March 11th, and we receive payment on March 30th for one additional month, your new expiration date will be April 11, NOT April 30.

If you wish us to archive files to floppy disk when your account expires, you must deliver to us within 30 days the media necessary (sufficient floppy disks and a $20.00 processing charge).
PlantagaNet will archive the files, including your mailbox, and return them to you via US Post. Note that we must RECEIVE the media, payment and request prior to the 30 day period or we will have automatically deleted your account -- making recovery of the data impossible.

If your account is about to expire and you do not intend to renew we offer a mail-forwarding service where we will forward your email to your new account for 30 daysor more. You must have the consent of the system administrators at the new forwarded site before we will install the forwarding address. Note that only mail which arrives after the forwarding is installed will be sent onward to you. There is a $5.00 per month charge for this service, otherwise, mail will be returned to sender as undelivered, address unknown.

Customer is responsible for all fees up to the date of termination of the service, except where PlantagaNet is unable to provide services under this agreement through its own negligence.

Security of Accounts

PlantagaNet Email, Internet PPP/SLIP, and Dedicated Dial-in accounts are for individual users, unless proir written arangement are made, and Customer therefore agrees not to share the password or use of the account with others, including but not limited to other family members or business associates. Only one login session per account is allowed at any time. Customer acknowledges that PlantagaNet may terminate the account without notice if the customer does not comply. Customer agrees not to use any PlantagaNet services to obtain the passwords of customers on PlantagaNet or other systems. Customer agrees not to use PlantagaNet services to make unauthorized attempts to access the systems and networks of others.

Use of Material

Customer agrees not to use PlantagaNet services to violate copyright or other intellectual property rights of any author or publisher. For example, Customer may not upload or download commercial software in violation of software license agreements.

Abuse of Internet Services

Customer agrees to:


• Use the services provided by PlantagaNet only as permitted by applicable local, state, and federal laws.
• Not use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law.
• Refrain from mass posting of the same message to many inappropriate Usenet newsgroups (spamming).
• Refrain from mass, unsolicited emailings.
• Post commercial advertisements only where appropriate, and venues that specifically encourage or allow advertising.
• Respect the conventions of the newsgroups, lists and networks to which the customer is posting, including rules more restrictive than but not limited to the above.
• Abide by PlantagaNet's interpretation of the above. PlantagaNet technical staff are available for assisting the Customer with the interpretation or application of any of these rules.
  

Abuse of PlantagaNet Services

Any use of PlantagaNet system resources that disrupts the normal use of the system for other PlantagaNet customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, and staying attached to modems while not really "active" on the line.

Depending on the nature and the severity of the abuse, the user may receive an email warning, have their processes halted, or have their account suspended by PlantagaNet technical support. If the misuse is unintentional, the suspension may be rescinded following discussion with PlantagaNet technical support. If the misuse is intentional, the suspension may be rescinded at the discretion of the PlantagaNet management and may require the payment of a service re-connection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the PlantagaNet management.

Discovering and Reporting Abuse

Violations of the PlantagaNet conditions of use are unethical and may in some cases be criminal offenses. You are asked to report to PlantagaNet Net any information you may have concerning instances in which the conditions of use have been or are being violated. When PlantagaNet becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, PlantagaNet may suspend access to services to the individual account in question. This is done to protect the account owner in case the account security has been compromised. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the PlantagaNet management following payment of a re-connection charge. If it is found that the account security was breached by no fault of the Customer, the account will be deleted and a new one created at no additional charge.

PlantagaNet reserves the right to monitor Customer account activities when it is necessary to determine whether or not the account is be used in violation the conditions of use.

Offensive or Adult Materials

PlantagaNet exercises no control over the content of materials accessed through PlantagaNet. Some materials located on the Internet may be offensive or adult in nature. Customers less than 18 years of age must have a parent or legal guardian co-sign this agreement, verifying that the parent or legal guardian understands that Customer will have access to such materials and accepts responsibility for monitoring and/or controlling such access.

Warranties

PlantagaNet makes no warranties of any kind, whether expressed or implied, for its services. PlantagaNet specifically disclaims any implied warranties of merchantability or fitness for any particular purpose. PlantagaNet will not be responsible for any losses or damages resulting from delays, nondeliveries, misdeliveries, service interruption, or Customer's errors or omissions. PlantagaNet will not under any circumstances be responsible for consequential damages.

Jurisdiction

The validity, construction and performance of this agreement shall be governed by the laws of the Commonwealth of Pennsylvania.

Severability

If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this agreement will remain in full force and effect.

Effective date

This agreement shall become effective when Customer Internet access is enabled.