THIS Agreement effective as of the Subscriber account creation date (the "Effective Date") between the Subscriber and Velocitus or one of its affiliates or licensees ("ISP").

ISP agrees to provide access to Internet, and Subscriber agrees to accept and utilize ISP's service, according to the terms of this agreement.

1. Service. Upon subscription with ISP, ISP shall create Subscriber's account to enable Subscriber's access to ISP's Internet Access Service ("Service"). Subscriber is responsible for all use of Subscriber's account and confidentiality of Subscriber's password. ISP will suspend access or change access to Subscriber's account upon written notification by Subscriber that his or her password has been lost, stolen, or otherwise compromised. ISP is not liable for any usage or charges prior to ISP making the necessary account alteration. Subscriber account is perpetual or recurring in nature unless specifically noted otherwise by Subscriber.
2. CARRIER FEES RESPONSIBILITY. SUBSCRIBER IS RESPONSIBLE FOR ALL LOCAL, LONG-DISTANCE, AND '800' TELEPHONE CHARGES FOR CONNECTING TO THE SERVICE. ISP SHALL HAVE NO RESPONSIBILITY FOR ANY CHARGES OR TARIFFS RELATED TO ANY SUBSCRIBER TELEPHONE CONNECTION OR ON-LINE SERVICES OF ANY ENTITY ACCESSED BY OR FOR SUBSCRIBER.
3. Equipment & Utilities. Subscriber shall provide his or her own computer equipment necessary to access the Service.
4. Termination by ISP. ISP, in its sole business judgment, may terminate this Agreement immediately or suspend Subscriber's access to the Service upon any breach of this Agreement by Subscriber, including but not limited to, refusal or failure to pay for Service or by sole judgment of ISP that Subscriber may be performing activities illegal or harmful to ISP or its Subscribers, employees, vendors, business relationships or any other users of the Internet.
5. Termination by Subscriber. If Subscriber needs to change, update, or cancel account, Subscriber must call prior to the last business day of any given month by 5:00pm Mountain Standard Time (MST) - changes or cancellations received after this date will not take effect until the end of the next month. For cancellations a confirmation number must be obtained to verify cancellation. If a confirmation number has not been obtained Subscriber's account will continue to be billed regardless of usage and Subscriber will be responsible for all additional billing. ISP will only adjust account back to a maximum of 60s day on legitimate disputes by Subscriber. All term agreements are nonrefundable due to their special discounted rates regardless of amount of usage.
6. Data. Subscriber understands and agrees that the Internet is a conglomeration of on-line computer systems and databases operated by distinct entities having no business or legal relationship to ISP. ISP has no input whatsoever as to the content of Internet data accessed via the Service. Subscriber is solely responsible for any value or reliance it places on information obtained via the Internet or the Service. Information derived as a result of this Agreement is provided "as is" and at Subscriber's own risk.
7. LIMITED WARRANTY. ISP WARRANTS ONLY THAT IT SHALL, SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROVIDE SUBSCRIBER ACCESS TO THE INTERNET. ISP MAKES NO OTHER WARRANTIES AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. ISP FURTHER DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE INTERNET, ANY INFORMATION DERIVED THEREFROM AND THE ACCURACY OR PRIVACY THEREOF. FURTHERMORE ISP FURTHER DISCLAIMS THAT SUBSCRIBER WILL BE ABLE TO ACCESS THE SERVICE ONE HUNDRED PERCENT OF THE TIME DURING PEAK PERIODS OR DOWN CONDITIONS.
8. LIMITATION OF LIABILITY. SUBSCRIBER SPECIFICALLY AGREES THAT, IN NO EVENT, SHALL ANY LIABILITY TO ISP AS A RESULT OF THIS AGREEMENT EXCEED SUBSCRIBER'S MONTHLY FEE OF ANY SINGLE MONTH DURING WHICH ANY CLAIM DERIVING LIABILITY AROSE. ISP SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE.
9. Compliance & Indemnification. Subscriber agrees to use the Service in compliance with all applicable laws and to upload and/or download files, if at all, only with the consent of the copyright or patent owner. Subscriber specifically agrees to defend, indemnify, and hold harmless ISP, its officers, and employees from any claim, loss, or damage, including costs and reasonable attorney fees, arising out of any act or omission of Subscriber under this Agreement.
10. Law. This Agreement shall be construed under the laws of the State of Idaho and any action to enforce the terms and conditions hereof shall be brought before an Idaho state court in the county of Ada or such state and country as ISP's corporate headquarters is located at the sole discretion of ISP.
11. Notice. Notice shall be in writing and delivered by hand, facsimile, certified mail, or e-mail at the addresses set forth herein. Notice shall be effectively given upon receipt if delivered by hand, or facsimile, or, if given by certified mail, or upon expiration of 5 days after postmark. Additionally, ISP may give notice via e-mail to Subscriber's e-mail ID which Notice shall be effective upon first access under Subscriber's ID.
12. Payment Terms. Payment of the selected account plan is due on the first day of that account plan's billing cycle (monthly, quarterly, annually, or semi-annually) for Service to be rendered during that billing cycle. Authorized charges to credit cards or checking accounts for Subscriber's selected account plan shall be made, in advance, on or about the first day of every month for the term of this agreement until terminated as provided herein. A fee of ten dollars ($10.00) will be assessed for (1) late payment, (2) payment with insufficient funds, or (3) declined, expired or invalid credit cards. Should ISP disable or suspend Subscriber's account as a result of non-payment on Subscriber's selected account plan, Subscriber will be required to pay fifteen dollar ($15.00) re-connect fee to re-activate Subscriber's account. Payment is late if payment has not been received by ISP after the tenth (10th) day of the month ISP may change any fee, rate, package, or program upon thirty days advance notice to Subscriber.
13. Payment Method. Subscriber hereby authorizes charges to be made to their identified credit card or checking account each billing cycle for the duration of this agreement in the amount of the account plan Subscriber has selected. Payment may be made by check or purchase order only on approved accounts and only upon prior authorization by ISP. Subscriber specifically authorizes ISP to verify Subscriber's credit worthiness.
14. Set-up Fees. Subscriber agrees to pay ISP a set-up fee (where applicable) for registration and activation of service to be charged to Subscriber's credit card or checking account, as provided in Paragraph 14 above, such set-up fee to be non-refundable.
15. Force Majeure. ISP shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, local phone company and other third party telecommunications providers, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties which are beyond the control and without fault or negligence of ISP.
16. Waiver. No waiver by either party of any breach by the other party of any provision of this Agreement shall be deemed or construed to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself.
17. Successors and Assigns. This Agreement is not assignable or delegable in whole or in part by Subscriber without the express written consent of ISP. This Agreement shall be binding upon the heirs and successors of the parties hereto, the assigns of ISP, and permitted assigns of Subscriber.
18. No Resale. The Service provided hereunder is limited to Subscriber and may not be resold in any manner whatsoever unless Subscriber selects a reseller plan and ISP provides written acceptance of Subscriber's selection of a reseller plan.
19. Entire Agreement. These terms and conditions constitute the entire agreement with regard to the subject matter hereof and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to this Agreement. This Agreement may be amended by ISP upon thirty days Notice. This Agreement may not be amended by Subscriber except by writing signed by both parties hereto.
20. Subscriber Agrees to be Bound. By initially logging on to the service with the subscribers account plan as provided in Paragraph 1 above Subscriber agrees to be bound by all terms and conditions of this Subscription Agreement, including but not limited to the provisions of Paragraphs 13 through 15 authorizing ISP to charge Subscriber's credit card or checking account on a monthly, quarterly, semi-annual, or annual basis, until such notice is given as outlined in Paragraph 5 above, including late fees and penalties, if and where applicable.

Scope

This policy applies to:
All components of Velocitus ("Velocitus") including all subsidiaries, licensees and franchisees. These include, but are not limited to, Velocitus, New York Internet Services, Rockingham Internet Community Access (RICA), Eastern Idaho Internet Services, Nevada Internet Services, Arizona Internet Services, Reno Internet Services, Idaho Internet Services, Valley Internet, and Utah Internet Services.

All customers, clients, employees, and agents of Velocitus, and all authorized third parties that require the use of and are granted access to the Velocitus network or the networks of any of its licensees, franchisees, and subsidiaries.

All Information Systems Environments operated by Velocitus, or contracted with a third party by Velocitus. The term "IS Environment" defines the total environment and includes, but is not limited to, all documentation, physical and logical controls, personnel, software, hardware (e.g. distributed, desktop, network devices), and information.

Purpose

This document establishes Velocitus' Acceptable Use Policy ("Policy") and supersedes any other written or oral policy. Velocitus may modify this Policy as reasonably required. The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Any activity or conduct that violates law, regulations or the accepted norms of the Internet community or may harm Velocitus' facilities, reputation, goodwill or customer relations, whether or not expressly mentioned in this Policy, is strictly prohibited. Velocitus reserves the right at all times to revise its Acceptable Use Policy and to take appropriate steps to address violations of that Policy as outlined in Section VIII herein.

Introduction

Velocitus information resources (i.e., information maintained in electronic form and systems that process, store, or transmit such information) are the property of Velocitus as a matter of law or content. To ensure the confidentiality, integrity, and availability of such assets Velocitus must impose certain responsibilities upon the users of these assets. The Acceptable Use Policy defines these responsibilities for Acceptable Use.

I. SYSTEM AND NETWORK SECURITY

It is Velocitus' goal to: (1) protect network resources, (2) preserve the privacy and security of Velocitus' networks, (3) preserve the privacy and security of Velocitus' customers' networks, and (4) maximize the availability and utility of Velocitus and the Internet.

1. Customer may not: (i) tamper with other customer accounts, (ii) commit unauthorized intrusion into any part of Velocitus' network or systems; or (iii) use any of Velocitus' machines, files, accounts, or systems to intrude without authorization into any other network.
2. Customer may not use Velocitus services not included in Customer's account, nor circumvent security (or assist others to circumvent security) in order to access services for which the person accessing those services has not entered into a binding agreement with Velocitus. This includes, but is not limited to, the scanning of Velocitus' or other networks with intent to breach and/or evaluate security.
3. Customer may not use Velocitus' network or systems in a manner that encumbers disk space, processors or other system resources beyond those allowed by Customer's specific type of account. Customers may not make deliberate attempts to interfere with a service, overload a service, or attempt to disable a host.
4. The use or attempted use of Internet services or systems without authorization is strictly prohibited. This includes, but is not limited to, password cracking, defrauding others into releasing their passwords, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.). Additionally, Customers may not use programs, scripts, commands, or otherwise send messages with the intent to interfere with a Customer's Internet session.
5. Customer may not monitor data or traffic on any network or system without express authorization of the owner of the system or network.

VI. UNLAWFUL, HARMFUL OR OFFENSIVE COMMUNICATIONS

It is a violation of this policy for Customer knowingly to use the facilities or services of Velocitus, including any of Velocitus' Internet access, web site hosting and web site design services, to create, transmit, post or otherwise make available through the Internet any material that is unlawful, abusive or harmful to Velocitus' facilities, customers, goodwill or reputation. Communications prohibited by this Policy include, but are not limited to materials that infringe copyright, trademark or other intellectual property; obscenity, indecency, or child pornography; and defamatory communications. Although it is not Velocitus' policy to monitor, censor or edit information made available through the use of its facilities, Velocitus reserves the right to take appropriate action, as described in Section VIII herein, when it becomes aware of transmissions, postings or other communications that violate this Policy.

VII. E-MAIL

1. Customer may not send unsolicited mail messages including the sending of junk mail or spamming or advertising to individuals who have not specifically requested the material. Customers may not flood/spam newsgroups with commercial or non-commercial postings.
2. Customer may not continue to send commercial e-mail to a recipient if recipient has requested that Customer discontinue such communication. Any use of Velocitus property for the composition, distribution, or collection of bulk e-mail, abusive e-mail, or any form of unsolicited, commercial e-mail is strictly prohibited.
3. Velocitus prohibits the transmission of e-mail to non-consenting recipients that is harassing, libelous, defamatory, threatening, abusive or hateful, which determination you agree shall be made by Velocitus in its sole discretion.
4. The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is prohibited.
5. Customer may not publish, send, or deliver any private e-mail message to any third parties, by any means, without the express prior consent of the author of the content of such e-mail message
6. "Mail-bombing" (i.e. flooding a Customer site with large or numerous e-mail messages) is strictly prohibited.
7. Customer may not forge header information.
8. Velocitus prohibits the use of Customer's account, or network connection, to collect replies of messages sent from any other provider that violate the rules of this Policy or those of the originating provider.
9. This Policy also applies to other means of Internet-based transmissions, including without limitation to Internet fax or Internet phone.

X. USENET

1. Velocitus may provide Customers with uncensored Usenet news feed. Velocitus does not control newsgroup content nor is Velocitus responsible for postings by Velocitus' Customers.
2. It is the responsibility of those persons who post messages to determine a newsgroup's etiquette by thoroughly reading the Frequently Asked Questions (FAQ) associated with that newsgroup. Customers that submit content to newsgroups should refrain from posting advertisements or other messages that are not expressly permitted by a newsgroup's charter. Message posters are expected to submit messages relevant to the newsgroup's topic and agree not to submit the same message to large numbers of newsgroups.
3. Customer is prohibited from forging header information and from posting chain letters of any type.
4. Customer may only post binary files to newsgroups designed for that purpose.
5. Customer may not cancel or supersede a posting of a message other than their own unless they serve as newsgroup moderators in the performance of their on-line responsibilities.
6. Velocitus prohibits the use of Customer's account, or network connection, to collect replies of messages sent from any other provider that violate the rules of this Policy or those of the originating provider.

VII. INTERNET RELAY CHAT (IRC)

Customer may not use of any program, script, robot or other automated material that interfere with or deny service to other users on any server or host. Customer is obligated to abide by the rules set forth by the applicable provider and/or host to follow proper IRC etiquette.

VIII. NETWORK SESSION AND IDLE TIME OUT POLICY

Customers agree to use analog Dial-Up, ISDN and DSL accounts solely on an active basis, i.e. only as needed and in no way on a standby or inactive basis in order to maintain a connection.

A. SESSION TIME OUT

Velocitus reserves the right to enable and enforce a "Session Time Out". A Session Time Out is defined as the automatic log off of your online session when you have reached the maximum session time set on the network.

Velocitus' current Session Time Out Policy for analog Dial-Up and ISDN accounts allows customers to remain logged onto the Velocitus network for up to eight (8) hours per session. Every eight hours the system will end your online session and you will be forced to reconnect a new online session. The following analog Dial-Up and ISDN accounts are subject to this policy:

• BasicNet
• ProNet
• FamilyNet
• AdvanceNet
• BizNet
• CommerceNet
• BasicNet-ISDN
• ProNet-ISDN
• AdvanceNet-ISDN

Velocitus' current Session Time Out Policy for DSL Pro-Select 256 and DSL Biz-Select 256 accounts allows customers to remain logged onto the Velocitus network for up to two (2) hours per session. Every two hours the system will end your online session and you will be forced to reconnect a new online session.

Velocitus' current Session Time Out Policy for DSL Pro-Deluxe 256 accounts allows customers to remain logged onto the Velocitus network for up to twenty-four (24) hours per session. Every twenty-four hours the system will end your online session and you will be forced to reconnect a new online session.

J. IDLE TIME OUT

Velocitus reserves the right to enable and enforce an "Idle Time Out". An Idle Time Out is defined as the automatic log off of your online session when you have not transferred data in an idle period set by the network.

Velocitus' current Idle Time Out Policy for analog Dial-Up, ISDN and DSL accounts allows customers to remain logged onto the Velocitus network idle for up to twenty (20) minutes without ending their online session. Once the twenty minutes idle threshold has been met the online session will automatically be disconnected. The following analog Dial-Up, ISDN and DSL accounts are subject to this policy:

• BasicNet
• ProNet
• FamilyNet
• AdvanceNet
• BizNet
• CommerceNet
• BasicNet-ISDN
• ProNet-ISDN
• AdvanceNet-ISDN
• DSL Pro-Select 256
• DSL Biz-Select 256

ISPs use Session Time Out and Idle Time Out to prevent "line camping". Line Camping is when customers keep their Internet connection active even when they are not using the Internet. This prevents other customers from logging on to the network and can cause congestion problems like busy signals.

XII. RESPONSIBILITY

All users are required to comply with this Policy.

Customer will be held accountable for all use and/or abuse taking place using any accounts registered under his or her name. For this reason, account sharing is discouraged. It is the customer's responsibility to secure his or her own account against unauthorized access through the use of secure passwords, and by securing any equipment the customer uses to access the Velocitus network. Customer agrees to assume all responsibility for actions taking place using his or her account by any individual, regardless of relation.

Velocitus cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. Customer must exercise his or her best judgment in relying on information obtained from the Internet. Because Velocitus cannot monitor or censor the Internet, and will not attempt to do so, Velocitus cannot accept any responsibility for injury to its customers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

Velocitus will not intentionally monitor private electronic mail messages sent or received by its customers unless required to do so by law, governmental authority, or when public safety is at stake. Velocitus may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Velocitus may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Velocitus assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Velocitus may disclose subscriber information or information transmitted over its network where necessary to protect Velocitus and others from harm, or where such disclosure is necessary to the proper operation of the system.

Velocitus also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Velocitus urges its subscribers to assume that all of their on-line communications are insecure. Velocitus cannot take any responsibility for the security of information transmitted over Velocitus' facilities.

Finally, Velocitus wishes to emphasize that customers indemnify Velocitus for any violation of the service agreement, law, or Velocitus policy, that results in loss to Velocitus or the bringing of any claim against Velocitus by any third-party. This means that if Velocitus is sued because of a customer's or customer of a customer's activity, the customer will pay any damages awarded against Velocitus, plus costs and reasonable attorneys' fees.

XIII. ENFORCEMENT

Velocitus' procedure is to deal with each net abuse case on an individual basis. Based on an investigation and a determination of the nature and severity of the abuse, Velocitus may take immediate action, without prior notice and in its sole discretion, against any party or parties found in violation of this policy. Such action may include, but is not limited to, blocking of access to particular websites, newsgroups or other material found to violate the Network Abuse Policy, suspension or termination of Customer's service with Velocitus.

Customer agrees that it will take appropriate action against persons who obtain Internet access or other Internet based services from Customer and who violate Velocitus' Network Abuse Policy. Customer further agrees that it will cooperate fully with Velocitus in any actions taken by Velocitus to enforce this Network Abuse Policy.

XIV. CONTACTS

E-Mail:
abuse@velocitus.net

Mail:
Velocitus
PO Box 1162
Boise, ID 83701
Attn: Network Operations Center

Phone:
1-800-219-9996
(208) 336-9200
Attn: Network Operations Center

XV. REPORTING ABUSE

Any observed or suspected abuse by a user of the Velocitus network should be reported to the Network Operations Center using the contact information listed above. All reports should include as much information as possible about the abuse and about the perpetrator of said abuse. Any logs or other records of said abuse should be included in the report. If the abuse was perpetrated via email or Usenet news, a full copy of the offending mail or post should be made available to the Network Operations Center, including full headers. Velocitus will investigate any reports of abuse and take whatever action it deems necessary to rectify the situation, if the complaint is found to be valid. The Network Operations Center guarantees that all reports of abuse will be investigated fairly and impartially, but makes no guarantee that the individual reporting the abuse will receive notification of said investigation, or any action taken.

XVI. EXCEPTION CRITERIA

Requested exceptions to Acceptable Use Policy must be submitted to the Network Operations Center, including justification and benefits attributed to the exception, and must be approved by the Network Operations Center the President, Chief Executive Officer, and/or the Board of Directors of Velocitus.


©2008 Velocitus, an IDACORP Company