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Mother Lode Internet Terms and Conditions

Mother Lode Internet’s (MLI) goal is to provide as unrestricted and satisfying an Internet experience as possible for our customers.

These common rules are designed to satisfy what the law demands, and to protect MLI and its customers. We realize this list of rules is long, but we ask that you familiarize yourself with them . The following rules are similar to what you will find at any quality ISP, and are the general guidelines the Internet community tends to deem as good 'netiquette'. These terms apply to all Mother Lode Internet customers.

TERMS AND CONDITIONS

Mother Lode Internet provides its subscribers with access to the Internet only on the terms and conditions set forth herein. Your use of the Mother Lode Internet system services constitutes acceptance of these terms and conditions.

1. SERVICE AND NOTICE

Mother Lode Internet agrees to provide its Internet Access Service (the "Service") to the applicant ("Customer") for Customer's private use. All payments and/or correspondence are to be made to:
Mother Lode Internet
301 South Shepherd Street
Sonora, CA 95370

2. REQUIREMENTS

All use of the Service must conform to the restrictions associated with Customer's account and as set forth herein. Mother Lode Internet reserves the right to terminate the Service if Customer violates such restrictions.

3. PRIVACY

Customer acknowledges that by its nature, use of the Internet means that certain information about Customer and its activities may be visible to other users. There are limited technical means available to provide privacy and security on the Internet. Mother Lode Internet will not intentionally disclose the contents of private files to third parties without Customer's written permission or a court order or subpoena or as incidental to investigation by law enforcement or other agency pursuant to a crime or report of a crime. However, Mother Lode Internet reserves the right to inspect electronic mail if necessary to debug electronic mail software or to reroute electronic mail that has been misaddressed or misrouted. System administration tasks may also expose the contents of Customer's files to Mother Lode Internet personnel. Customer recognizes that there are unscrupulous people who know how to circumvent system security. Accordingly, Customer agrees to guard and take all prudent measures to protect itself against disclosure of private information.

4. LAW ENFORCEMENT

Mother Lode Internet will cooperate with law enforcement officials and with other system administrators in the legitimate investigation of suspicious activity. Intentional violations of privacy of other users by Customer, whether on the Mother Lode Internet system or at another site, will be grounds for immediate termination of Customer's Service and may make Customer subject to civil or criminal penalties.

5. PROHIBITED ACTIVITIES

: Mother Lode Internet reserves the right to immediately terminate service of any customer who intentionally jeopardizes or attacks the system, uses it to attack or injure others or their systems, for illegal or prohibited purposes. These prohibited activities include, but are not limited to the following:

• Sending unsolicited mass e-mail of any kind (SPAM) or posting commercial messages to inappropriate newsgroups or other locations;
• Using Mother Lode Internet as a “drop off”' address for replies to spam mail or spam posts sent from other networks;
• Launching an attack or using Mother Lode Internet resources to launch an attack against any other system (Denial of Service or other). This includes mail bombing, "hacking" or attempting to gain root access. Mother Lode Internet charges $285 per hour to undo malicious acts;
• You may not harass or make threats against another person via e-mail or news or any other electronic media/service we make available. Nor may you impersonate another person for a malicious purpose;
• Excessive use of bandwidth. Use of bandwidth in excess of 500 MBs daily is presumptive excessive use;
• Sharing of passwords or accounts is strictly prohibited and violators are subject to cancellation without prior notice. The resale of the Service or any other associated services is restricted unless approved in advance in writing by Mother Lode Internet;
• Simultaneous logins. This means that you may not use more than one access port at a time.There are some circumstances when we may permit multiple dial-ins;
• Leaving a connection open by running automated e-mail checks, pings, etc. may result in an automatic disconnect and the need to reconnect. Repeated use of such automated scripts is grounds for termination of service;
• Failure to remove viruses or other malicious software upon notification;
• Other uses of the system aimed at defeating any provision of these Terms and Conditions or for illegal, immoral or improper purposes in the sole judgment of Mother Lode Internet.

6. ONLINE CONTENT

Mother Lode Internet by providing the Service does not, in any way, control or edit the content of any material placed on the Internet by its subscribers or any third parties, nor does it in any way control, limit or edit the material or its content which Customer may access or become exposed to on the Internet. Customer is solely responsible for any information which it places on the Internet, which it accesses on the Internet or which it uses through the Service; in particular, Customer is solely responsible for the legality of any such information or the access or use thereof. Customer is solely responsible for choosing to read or view any material it accesses on the Internet. Mother Lode Internet expressly disclaims any and all liability from all claims for damages arising out of, or claimed to arise out of, any such material.

7. INTELLECTUAL PROPERTY

The Service may only be used for lawful purposes. Some material available on the Internet may be copyrighted or constitute a trade secret, and some material may have been placed on the Internet in violation of U.S. or other copyright laws. Customer is solely responsible for determining the legal status of any intellectual property it uses or duplicates using the Service.

8. FEES AND BILLING

: Customer's usage billing period begins on the 1st day service is provided. Payments are due within 20 days of the date of the bill. Service is paid for in advance. Accounts more than 30 days overdue will be charged interest at the rate of 1.5% per month. Accounts more than 60 days overdue may be suspended. Accounts more than 90 days overdue may be cancelled and sent to collection. Mail and files will not be accessible during suspension periods and may be deleted when the account is cancelled.

9.DISRUPTION OF SERVICE

: Mother Lode Internet assumes no liability for any loss or consequential damage due to disruption of service, for any reason including failure of Mother Lode Internet’s Network equipment, or disruption of service or failure of any supporting or upstream provider of service to Mother Lode Internet, including Telco’s, Long Distance carriers, Network, or electrical power providers. In no event will any refund be given for such disruptions.

Loss of data is a likely consequence of a service disruption. Mother Lode Internet performs regular backups, however it is probable that some loss of data may occur. Regular backup of online data is the Customer’s responsibility and Mother Lode Internet specifically disavows any responsibility for loss of data or any damages there from.

10. LIMITATION OF WARRANTY

CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. NEITHER Mother Lode Internet NOR ANY OF ITS PARENT COMPANIES, LICENSERS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AND NO WARRANTY IS MADE AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER Mother Lode Internet NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF WARRANTY.

11. INDEMNIFICATION

: Customer is responsible for all actions it takes or causes to be taken in connection with its use of the Service. As a condition of the Service, Customer agrees to indemnify and hold harmless Mother Lode Internet, its parent corporation (Clarke Broadcasting Co.), subsidiaries and divisions and their respective officers, employees, agents, and shareholders from any claim or cause of action by Customer or any third party for any damages arising out of, or claimed to arise out of, Customer's use of its account, or the use of such account by any person whatsoever, to access the Internet or any information thereon.

12. DISHONORED CHECKS

Dishonored checks will be subject to a $25.00 fee plus collection costs, if applicable. Mother Lode Internet does not redeposit returned checks.

13.CANCELLATION

: Customer may cancel its Service at any time by sending written notice via e-mail, postal mail or fax to Mother Lode Internet. Customers on special programs may or may not receive pro rata share of advance payments, depending on the program. All paid in advance accounts permitting pro rata refunds shall be charged the full month-to-month rate of the service and any cancellation fees. Remaining funds will then be refunded if any. Customers canceling prior to the end of the contract term may owe additional fees which Mother Lode Internet may, at its discretion, bill directly to the customer or Customer’s credit card. Mother Lode Internet may terminate the Service at any time upon any violation by Customer of any of the terms and conditions contained herein in which case no monies will be refunded and additional fees may be assessed and charged to the account or credit card without further authorization.

14. RATES

: Mother Lode Internet reserves the right to change the rates and otherwise modify the terms and conditions of this Agreement by notifying Customer 10 days in advance of the effective date of such proposed changes. If Customer does not request its Service to be terminated, it will be conclusively presumed that Customer consents to the new terms conditions, and rates as so notified.

15. VIRUS

The Internet may contain viruses which, if not eliminated, may destroy parts or all of the data contained in your computer. Viruses may also give others control over your computer and access to your files. Mother Lode Internet has no control over the existence or elimination of any such viruses. While we offer virus filtering, no service is foolproof. Customers are encouraged to provide additional virus protection by installing on their own computers one of the many commercially available anti-virus programs.

16. ACCESS NUMBERS

Mother Lode Internet does not warrant or promise that any of our access numbers are local to you. Substantial toll telephone charges may apply to numbers that you do not verify as local to your individual area or calling plan.We will not pay any telephone charges for access to the system.

17. DAMAGES

In the event of loss or injury to service or data of any kind under any circumstance including accidental or intentional act by employees, vendors agents or others of Mother Lode Internet or as a result of such actions by others, Customer’s sole remedy is for refund of the service charges in which the loss or injury occurred.

18. JURISDICTION

This agreement is made under and shall be governed by and construed in accordance with the laws of, the State of California applicable to agreements made and performed in California. Any cause of action of Customer or its designated users with respect to the Service must be instituted within one year after the claim or cause of action has arisen or it will be barred. Venue for action against Mother Lode Internet lies in the County of Tuolumne.

PROVISIONS:

Þ Monthly statements are mailed on the 1st of each month and payment is due by the 20th of that month.

Þ Accounts 10 days past due will be locked and a $10 re-activation fee will be charged to re-instate the account.

Þ Return check fee of $25.

Þ Cancellations must be made before the last day of the month, and will take effect on the last day of that month.

Þ Annual accounts cancelled before the end of the 1 year term will be re-calculated as a monthly account through the end of the current month, and the balance refunded.

Þ Set up fee is non-refundable.

Þ All payments are to be made to Mother Lode Internet, Inc. 468 S. Washington St. Sonora, CA 95370.

Þ Internet access service is being provided by Mother Lode Internet, Inc. and is independent of any other agreements or contracts with other service providers or third parties.

Call us today at 209-536-5800 or E-mail sales@mlode.com, and let us show you how we can be your
"One Stop Web Shop".

MLI, the first local Internet Service Provider in Tuolumne County and proudly serving the Mother Lode since 1994.

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