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Terms of Service: Top PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE OPENING OR CONTINUING A DIALUP ACCOUNT WITH BIGVALLEY.NET! This Acceptable Use Policy represent the complete Agreement and understanding between BIGVALLEY.NET and you, the BIGVALLEY.NET accountholder, and supersede any other written or oral agreement pertaining to your BIGVALLEY.NET services, other than applicable software license agreements. Please read this document carefully. By using BIGVALLEY.NET services, you agree to be bound by and to comply with this Agreement, as if you had signed it. Please remember that BIGVALLEY.NET service is conditioned on your continued acceptance and compliance with this and any future Terms and Conditions and Acceptable Use Policies. Violation of any provision of this Agreement is grounds for immediate termination of your BIGVALLEY.NET account. This service agreement constitutes an entire agreement between BIGVALLEY.NET and Customer, and supersedes all previous representations, understanding or agreements, and shall prevail notwithstanding any variance with terms and conditions of any order submitted. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD IMMEDIATELY END YOUR USE OF BIGVALLEY.NET AND NOTIFY BIGVALLEY.NET SO THAT BIGVALLEY.NET MAY CLOSE YOUR ACCOUNT. Section 1: Introduction BIGVALLEY.NET provides Internet services ("Services") to users ("Members") who pay a service fee to subscribe to the Services. By establishing an account either by US mail, telephone, online or using the Services you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and any other policies. Section 2: Subscription Requirements Members must be at least 18 years of age. Local access dial-up numbers may not be available in all areas. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or other charges. BigValley is not responsible for any long-distance, toll or other telecommunications charges you incur. BigValley reserves the right to change prices and institute new fees at any time upon 30 days prior notice. Section 3: Payment Requirements (a) You agree to provide BIGVALLEY.NET with accurate and complete billing information, including your legal name, address, and telephone number, and to update this information within 30 days of any change to it. (b) Members having questions regarding charges to an account should contact BIGVALLEY.NET's customer service department at 209-524-7777. All Charges are considered valid unless disputed in writing within sixty (60) days of billing date. Adjustments will not be made for charges that are more than 60 days old. (c) The Customer's Internet access account will only be enabled upon receiving a signed agreement (electronically, physically or verbally) and a setup fee, if applicable. The service fee will be due by the anniversary day of each month or year for services that are to be rendered. Customer's account will automatically be billed on the anniversary day for the period subscribed to. If this Agreement is terminated all previous credits and/or discounts that may have been applied towards purchases by Customer from BIGVALLEY.NET shall no longer be valid. (d) If BIGVALLEY.NET does not receive Customer's payment when due, or Customer's credit card is declined for any reason, Customer's account may be terminated or placed on a financial hold pending payment. A $20.00 reconnection fee may apply in addition to the past due amount if an account is placed on financial hold. BIGVALLEY.NET is not responsible for any charges or expenses (e.g. for overdrawn account, exceeding credit card limits, etc.) resulting from charges billed from BIGVALLEY.NET (e) Termination of Customer's account does not remove Customer's responsibility under this agreement to pay all fees incurred up to the date the account was canceled including any collection fees that are incurred by BIGVALLEY.NET. (f) Customer may terminate the service(s) by (i) notifying BIGVALLEY.NET in writing of the intent to terminate the Agreement; and (ii) render payment in full of all charges for the period's service was rendered. Cancellation of service requests must be received in writing or e-mail within 10 business days prior to the next billing cycle for the account. An account is not considered cancelled unless the customer is issued a cancellation confirmation number. (g) Upon signing up with BIGVALLEY.NET for internet services, Customer’s are granted 15 days in which a full refund, less any setup charges will be issued. (h) Canceling services does not relieve you of liabilities for any outstanding debts due BIGVALLEY.NET. BIGVALLEY.NET does not pro-rate accounts for cancellation purposes. Any money, including any setup fees or access fees, paid by customer to BIGVALLEY.NET in setup of service(s) or in advance for service(s) shall be forfeited to BIGVALLEY.NET as a cancellation fee and is not refundable. (i) Your BIGVALLEY.NET account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. Suspended accounts continue to accrue charges until reinstated or canceled, even if the account holder does not use the account. (j) You acknowledge responsibility for any account you have opened until payment in full is made. If your Domain account is delinquent, BIGVALLEY.NET will not release your domain name until payment in full is received. (k) BIGVALLEY.NET reserves the right to charge a service reconnection fee to reinstate suspended accounts. (l) BIGVALLEY.NET reserves the right to charge a $25.00 service charge for each returned check. Section 4: Services This Agreement establishes the terms and conditions for all types of accounts offered by BIGVALLEY.NET, both personal and business, and the services available through those accounts. BIGVALLEY.NET will provide Services on its systems to you in exchange for recurring payment of subscription fees and full compliance with this Agreement. BIGVALLEY.NET will publish a notice of fee increases at least 30 days before such increases take effect. BIGVALLEY.NET reserves the right to charge and require payment of setup fees prior to activation of any Services. You may not lease, rent, transfer or resell BIGVALLEY.NET Services or any portion of BIGVALLEY.NET Services to any other party in any other way. You may not use BIGVALLEY.NET Services to compete with BIGVALLEY.NET or promote products or services, which compete with BIGVALLEY.NET. BIGVALLEY.NET reserves the right to discontinue any and all Services to you at any time, without prior notice or liability, for any conduct which BIGVALLEY.NET, in its sole discretion, determines to violate the Agreement or is otherwise harmful to BIGVALLEY.NET's interests or the interests of others. BIGVALLEY.NET also may limit, restrict or prohibit access to its system resources, as BIGVALLEY.NET, in its sole discretion, considers appropriate to provide the availability of such resources. You are responsible for obtaining and maintaining any communications equipment necessary to connect to BIGVALLEY.NET services, including modems, computer hardware and software, and long distance or local telephone service. You are responsible for ensuring that such equipment or service is compatible with BIGVALLEY.NET's requirements. In addition, you are responsible for maintaining the security of your account, password, files, network and user access, and any information you disseminate through BIGVALLEY.NET services or other Internet services, and for all use of your account with or without your knowledge or consent. Using a personal account for high volume or commercial use (e.g., revenue generating, advertising, etc.) is prohibited. You may establish a commercial account or high-volume account by calling (209) 524-7777. Members agree not to use an automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it. Members agree not to provide any public information services over a dial-up connection. If BIGVALLEY.NET receives complaints or otherwise becomes aware of possible violations of the Agreement, BIGVALLEY.NET may, in its sole discretion, initiate an investigation. This investigation may include gathering information from and about account holders and examining the content of personal electronic communications, Web pages or BIGVALLEY.NET Personal Pages on BIGVALLEY.NET's servers. During any investigation, BIGVALLEY.NET may suspend services to any customer being investigated and/or remove the material from its servers. You agree to cooperate with any such investigation. In the event BIGVALLEY.NET customers account is terminated for any reason, any content or accounts remaining on BIGVALLEY.NET servers become the property of BIGVALLEY.NET. If BIGVALLEY.NET determines, in its sole discretion, that a violation of the Agreement has occurred, it may, but will not be obligated to, take enforcement measures as defined in the Guidelines. Violations of this nature could also subject you to criminal or civil liability including monetary damages and a $200 handling fee charged to your BIGVALLEY.NET account. You grant BIGVALLEY.NET permission to bill this fee to your credit card. BIGVALLEY.NET may engage in monitoring of services necessary to the operation of services or the protection of the rights and property of the provider. Email messages stored on BIGVALLEY.NET's servers will be removed from our server storage after 120 days from receipt of message. BIGVALLEY.NET reserves the right to modify email footer tags. BIGVALLEY.NET utilizes anti-SPAM filters and reserves the right to block and/or restrict access to/from sources that participate in the distribution of unwanted email. Section 5: Limitation of Liability BIGVALLEY.NET services include access to many areas of the Internet, including Web sites, Usenet discussion groups, Personal Pages, and IRC channels. Some of these areas contain discussion, materials, and pictures intended for adult audiences. BIGVALLEY.NET accountholders must be at least eighteen (18) years of age. If you are a minor's parent or legal guardian, you may authorize the minor's use of your account, but you assume all liabilities resulting from the use of BIGVALLEY.NET's services. You acknowledge that BIGVALLEY.NET services are provided "as is" and "as available" basis. BIGVALLEY.NET, its employees, agents, suppliers, vendors and/or distributors make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information available on its systems, or residing on or passing through its interconnecting networks, or that BIGVALLEY.NET services will be uninterrupted, error free or free from viruses or other harmful components. BIGVALLEY.NET makes no warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability, technical compatibility and fitness for a particular purpose with respect to the services provided. Use of information obtained from or through BIGVALLEY.NET is at your own risk. Under no circumstances will BIGVALLEY.NET be liable to you or any other person for any loss or damage caused by reliance on data or information available from or on BIGVALLEY.NET's services and systems. In no event will BIGVALLEY.NET be liable to you or any other party, including, without limitation, financial or otherwise, any loss of profits, lost savings, loss of data from delays, non-deliveries, mis-deliveries, failure to obtain a connection, service interruptions, any charges incurred by any telephone company, local or long distance or other incidental or consequential damages arising out of your use or inability to use the services, even if BIGVALLEY.NET has been advised of the possibility of such damages. You agree to defend, indemnify, and hold BIGVALLEY.NET harmless from any claims, losses, and damages, including attorney's fees, resulting from your violation of any of the provisions of this Agreement or your placement or transmission of any materials or content onto BIGVALLEY.NET's servers, or from any and all use of your account, with or without your knowledge or consent. In any event, BIGVALLEY.NET's cumulative liability to any member for any and all claims relating to the use of the services shall not exceed the total amount of service fees paid during a one-year period. Section 6: Web Service Usage Our site on the World Wide Web is a complementary information service offered at no charge to our users. We may provide links on our Web site to other Web sites, which are not under our control. These links are provided for convenience only and are not intended as an endorsement by BIGVALLY.NET of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site. Some portions of our Web site and services that are made available for the free exchange of ideas by participants are not regularly monitored by BIGVALLEY.NET. BIGVALLEY.NET assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold BIGVALLEY.NET harmless from all claims based on materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify BIGVALLEY.NET from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Web site is posted at your own risk. BIGVALLEY.NET will have no liability arising from use of that information. You shall not use the Web site to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Web site. Section 7: Jurisdiction This Agreement will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. The parties' consent to the exclusive jurisdiction and venue of the state and federal courts located in and serving Stanislaus County, California. The parties submit to the personal jurisdiction of such courts. Section 8: Miscellaneous Section 3,4,5,7 and your obligation to pay amounts due under this Agreement will survive termination of this Agreement. If any aspect of the Agreement is held to be unenforceable, such aspect will be performed only to the extent necessary and in such a manner to preserve to the greatest extent possible to effect the original intent of the parties. The remainder of this Agreement will remain in full force and effect. You shall not sell, transfer or assign this Agreement. Except for the payment of money, neither party will be liable for any failure or delay in performance under the Agreement, which might be due, in whole or in part, directly or indirectly, to any contingency, delay, failure, or cause of any nature beyond the reasonable control of such party, including without limitation acts of nature, court or government. Should BIGVALLEY.NET determine, in its sole discretion, that you have violated any aspect of the Agreement, then without limiting or excluding any other remedy available to BIGVALLEY.NET, BIGVALLEY.NET may charge to your account a $200 handling fee. Rev 3/31/03         Acceptable Use Policy: Top PLEASE READ THIS ACCEPTABLE USE CAREFULLY BEFORE OPENING OR CONTINUING A DIALUP ACCOUNT WITH BIGVALLEY.NET! This Acceptable Use Policy represent the complete Agreement and understanding between BIGVALLEY.NET and you, the BIGVALLEY.NET accountholder, and supersede any other written or oral agreement pertaining to your BIGVALLEY.NET services, other than applicable software license agreements. Please read this document carefully. This service agreement constitutes an entire agreement between BIGVALLEY.NET and Customer, and supersedes all previous representations, understanding or agreements, and shall prevail notwithstanding any variance with terms and conditions of any order submitted. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD IMMEDIATELY END YOUR USE OF BIGVALLEY.NET AND NOTIFY BIGVALLEY.NET SO THAT BIGVALLEY.NET MAY CLOSE YOUR ACCOUNT. Section 1: Introduction BIGVALLEY.NET's Acceptable Use Policy ("AUP") is intended to help enhance the use of the Internet by preventing unacceptable use. All users of BIGVALLEY.NET's Internet services, those who access some of our Services but do not have accounts as well as those who pay a monthly service fee to subscribe to the Services must comply with this AUP. We support the free flow of information and ideas over the Internet and do not actively monitor use of the Services under normal circumstances. Similarly, we do not exercise editorial control over the content of any Web site, electronic mail transmission, news group, or other material created or accessible over or through the Services. However, in accordance with our Internet Service Agreement, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. BIGVALLEY.NET may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this AUP may result in the suspension or termination of either your access to the Services and/or your BIGVALLEY.NET account or other actions as detailed in Section 3. This AUP should be read in conjunction with our Internet Service Agreement and other policies. Section 2: Violations (a) Advertising. Advertising on non-commercial BIGVALLEY.NET accounts or BIGVALLEY.NET domains. Business and/or Dedicated accounts may advertise on their web sites. If advertising is found on non-commercial BIGVALLEY.NET personal user sites or BIGVALLEY.NET domains, the user's account will be upgraded to a commercial account. (b) Illegal use. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated there under. (c) Threats. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property. (d) Fraudulent activity. Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters." (e) Harassment. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another. (f) Forgery or impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam email address collectors is not allowed. (g) Unsolicited commercial email/unsolicited bulk email. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature are prohibited. (h) Unauthorized access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of BIGVALLEY.NET or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data. (i) Copyright or trademark infringement. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. (j) Collection of personal data. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent. (k) Network disruptions and unfriendly activity. Using the Services for any activity, which adversely affects the ability of other people or systems to use BIGVALLEY.NET Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Member may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Member may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. (l) News. BIGVALLEY.NET Members should use their best judgment when posting to any newsgroup. Many groups have charters, published guidelines, FAQs, or "community standards" describing what is and is not considered appropriate. Usenet can be a valuable resource if used properly. The continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in most newsgroups, especially regional groups not specifically named for such. The presence of such articles in a group is not indicative of the group's "intended" use. Please familiarize yourself with basic Usenet netiquette before posting to a newsgroup. (m) BIGVALLEY.NET considers "multiposting" to 10 or more groups within a two-week sliding window to be excessive. BIGVALLEY.NET servers currently limit the number of allowable "cross-posts" to 9. (n) Long Connections. Using a personal account for high volume or commercial use is prohibited. The Services are intended for reasonable, periodic, active use of email, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. Members may stay connected so long as they are actively using that connection for the above purposes. The use of software or any device that would allow your account to stay logged in while you are not actively using BIGVALLEY.NET Services are strictly prohibited. Members may not use the Services on a standby or inactive basis in order to maintain a connection. Pinging is expressly prohibited. Accordingly, BIGVALLEY.NET maintains the right to terminate any member's connection following any extended period of inactivity as determined by BIGVALLEY.NET. (o) Reasonable Usage. Customers utilizing unlimited access accounts are flat rate for normal and reasonable metered usage. The monthly fee that BIGVALLEY.NET assesses the customer is not intended to constitute an offer of a dedicated line. A dedicated line is a communications device and telephone line specifically for the usage of one customer and BIGVALLEY.NET, providing the customer guaranteed access upon demand with no time restrictions. Customer acknowledges that in order to keep BIGVALLEY.NET's costs low and ensure maximum utilization by all users, BIGVALLEY.NET reserves the right to determine reasonable usage on a case-by-case basis, and terminate any connection that appears to be inactive, neglected, or mechanized. Section 3: Reporting Violations BIGVALLEY.NET requests that anyone who believes that there is a violation of this AUP direct the information to Director-Abuse Department, at: abuse@BigValley.net. If available, please provide the following information: The IP address used to commit the alleged violation The date and time of the alleged violation, including the time zone or offset from GMT Evidence of the alleged violation Email with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the above information. BIGVALLEY.NET may take any and/or all of the following actions in response to complaints: Issue warnings: written or verbal Suspend the Member's newsgroup posting privileges Suspend the Member's account Terminate the Member's account Bill the Member for administrative costs and/or reactivation charges Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations. Rev. 07/12/01

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