DSL Terms and Conditions

Read This Internet Service Agreement Carefully Before Using Our Internet Services.

1. Introduction

2. Term

3. The Service

4. Termination (Cancellation Procedure)

5. Account Requirements

6. Payment

7. Your Account, Password, and Security

8. Installation

9. Monitoring the Services

10. Disclaimers

11. Jurisdiction

12. Miscellaneous

1. Introduction

Internet Professionals & Network Solutions (IPNS) provides its Internet services, as they may exist from time to time (Services), to users who pay a monthly service fee to subscribe to the Services (Members) as well as to those who access some of our Services but do not have accounts (Visitors). By establishing an account or using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, IPNS's Acceptable Use Policy, and other policies that may apply by utilizing any service provided by IPNS or its upstream network providers.

If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Member, you must terminate your use of the Services under Section 4.

2. Term

The initial term of this agreement begins on the day that you sign up and ends three (3) months from your activation date. Your activation date is three days after your DSL line is provisioned OR on the first day you connect to your DSL service, whichever is earlier. The agreement will continue on a month-to-month basis after the initial term. IPNS reserves the right to change the price of the Service at any time after the initial term upon 30 days notice. Prices for other IPNS services may change at any time upon 30 days notice and will be posted on the IPNS homepage. Current rates may also be obtained by calling 503-205-4767.

3. The Service

The Service includes:

• DSL access for one computer
• A new user kit
• One or more email accounts

The Service speed can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of IPNS. IPNS provides the Service on a "best effort" standard and does not guarantee upload or download speeds. Some line stabilization may be necessary for service. Line stabilization could include the lowering of provisioned line speed. Should the lowering of line speed occur, IPNS will NOT be able to increase the line speed once the connection is stabilized.

The email, Web space, and dial-up service are available under this agreement after the Activation Date. You may purchase a separate dial-up account while waiting for the service to be installed. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or any other charges. IPNS is not responsible for any long-distance, toll, or other charges you incur. Toll-free (800, 888, 877), international, and simultaneous login access costs will be extra.

4. Termination (Cancellation Procedure)

If you are dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, your sole remedy is; to discontinue using the Service, cancel your account, and pay any unpaid dues at the time of cancellation. To cancel the Service you must use our on-line cancellation form. Your service date ends when the cancellation form is returned and all amounts owed for the service are brought current. Cancellation will be effective at the end of the current billing period in which notice of cancellation is received. Upon cancellation, email service will be terminated and all files stored on IPNS servers will be deleted.

IPNS may terminate this Agreement, your password, your account, or your use of the Services for any reason, including, without limitation, if IPNS, in its sole discretion, believes you have violated the Agreements or if you fail to pay any charges when due. Termination notice will be by email or U.S. Mail to the address you provided for the Service. All notices to you shall be deemed effective on the first (1st) day following the date of the email or on the fourth (4th) day following the date of the mailing.

Sections 1, 4, 6, 10, and 11 of this Agreement shall survive termination of this Agreement.

5. Account Requirements

In order to receive the Service:

You must be at least 18 years old and provide a valid credit card

The Service must be available to your location

You must keep your telephone service active in order for the Service to work and you are responsible for charges for the Service regardless of the status of your underlying telephone service

Changing telephone service providers will result in substantial interruption of the Service and will result in fees associated with cancellation and setting up a new account

Your computer must meet the following minimum requirements:

For PC:

• 133 MHz (or faster) Pentium-based processor (or equivalent)
• Windows 95b, Windows 98 and 98SE, Windows Me, Windows NT (4.0 Workstation with Service Pack 3 or higher), and Windows 2000 (no server versions of NT 4 or Windows 2000 supported), Windows XP
• 32MB RAM
• 25MB of available hard disk space
• Installed CD-ROM drive
• All machines should have an installed, functional 10BaseT or better Ethernet interface
• Operating System CD

For Macintosh:

• PowerPC or faster processor
• Mac OS 8 - OS X
• Open Transport 1.1.1 enabled
• 32MB RAM
• 25MB of available hard disk space
• Installed CD-ROM drive
• All machines should have an installed, functional 10BaseT or better Ethernet interface
• Operating System CD

6. Payment

You will be charged on a monthly basis equal to rates listed for each service provided to you. IPNS may offer from time to time certain promotions with different terms, activation fees, and monthly charges. You must provide accurate billing information including legal name, address, telephone number, and credit card/billing information, and report all changes to this information immediately. You are responsible for any charges to your account. Questions regarding charges to an account should be directed to IPNS's Accounting or Customer Service Department at 503-205-4767. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old.

Charges either billed directly to your credit card or debit card, as applicable, each month for the Service and any additional usage or services, or you may remit your payment by check. IPNS is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by IPNS. Payment by check is due upon receipt in which the charges are incurred. You agree to maintain valid and current credit card information on file with IPNS at all times.

If purchasing Services through a reseller, the reseller must pay all amounts owing for your account. If the reseller fails to pay IPNS any amounts due, whether or not you have paid the reseller, your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due. Delinquent accounts may be suspended or canceled at IPNS's sole discretion; however charges will continue to accrue until the account is canceled and all cancellation forms received. IPNS may bill an additional charge to reinstate a suspended account.

7. Your Account, Password, and Security

Upon registration, you will receive a username, password, and account designation. You are solely responsible for use of the Service. You must keep your password confidential so that no one else may access the Services through your account. You must notify IPNS immediately upon discovering any unauthorized use of your account.

Unless you purchase a Static IP, you will be allocated a Dynamic IP address. IPNS reserves the right to timeout inactive connections. IPNS technical support may be limited to IPNS-provided services, software and/or unmodified hardware. Email accounts exceeding 10MB in size may be inactivated until you reduce the size of the mail being stored. Any free Web site exceeding the allotted amount of disk space may be suspended until you reduce the disk space usage or purchase additional space. Any free Web site exceeding the allotted amount of bandwidth will be billed for excess traffic. Email, web space, and bandwidth limits are posted throughout our Web site at www.ipns.com. These limits may also be obtained by calling 503-205-4767. IPNS reserves the right to change limits at any time upon 30 days prior notice.

8. Installation

Your Telecommunications Provider will provide you with a new user kit ("the Equipment"). If the relationship is terminated by either party (you or IPNS) before the Activation Date or if the line is found to be un-provisional, you must either return the equipment or use it with another provider. IPNS will assist in setting up your service, but is not responsible for any equipment other than provided you directly from IPNS. If you choose to cancel the account after the Activation Date, you will be charged $50.00. This fee is posted on our Web site and is subject to change.

The installation, use, inspection, maintenance, repair, and removal of the Equipment may result in service outage or potential damage to your computer. You are solely responsible for backing up all of your existing computer files and data. IPNS and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals. You assume responsibility for impacts to or loss of any warranty associated with the opening of your computer for installation of an internal card (such as a Network Interface Card) or DSL modem.

You acknowledge that this is a fixed-location service for one personal computer only. Moving to another location will require the service to be repositioned at the new location. This may result in substantial interruption of the Service and will result in fees associated with cancellation and setting up a new account. Early termination charges will apply even if the cancellation is for reasons of a move to another location.

If you are unable to perform self-installation, IPNS directly assist you with installation (setup fee), or may suggest an outside vendor to help install the service. You will be responsible for all costs and scheduling associated with the installation by a third party. You are also responsible for all inside wiring repair necessary to install the service.

IPNS DOES NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY YOU OR A THIRD PARTY CHOSEN BY YOU WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICES, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION, IPNS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS, USE, OR OPERATE THE EQUIPMENT OR SERVICES BECAUSE OF YOUR INSTALLATION. THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION TO AND SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT.

IPNS will make its best effort to provide the Service. Because of the complex nature of broadband services, availability, and the underlying infrastructure, it may not be possible to provide the Service to everyone. In its sole discretion, IPNS may cancel the installation process and refund any money that you have paid. IPNS will notify you of its intent to cancel as soon as reasonably possible. It may take 30, 60, 90 or more days to determine if IPNS is able to provide service. IPNS shall have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation or provide the Service.

9. Monitoring the Services

IPNS has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if IPNS, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its subscribers. Please see our Privacy Policy. IPNS may immediately remove your material or information from IPNS's servers, in whole or in part, which IPNS, in its sole and absolute discretion, determines to infringe anothers property rights or to violate our Acceptable Use Policy.

10. Disclaimers

CERTAIN EQUIPMENT MAY BE SUBJECT TO THIRD PARTY WARRANTIES, WHICH MAY BE PASSED THROUGH IPNS TO YOU AT NO ADDITIONAL CHARGE. IPNS WILL COMPLY WITH ALL REASONABLE REQUIREMENTS NECESSARY TO AFFECT THE PASS-THROUGH OF THE WARRANTY TO YOU. AT ITS SOLE OPTION WITHIN THE INITIAL TERM, IPNS OR ITS AGENT MAY REPLACE A DEFECTIVE MODEM OR GATEWAY ON BEHALF OF THE MANUFACTURER, PROVIDED YOU FOLLOW ALL APPLICABLE PROCEDURES AND OBTAIN A RETURN MATERIALS AUTHORIZATION (RMA) NUMBER. THIS WARRANTY DOES NOT COVER DEFECTS RESULTING FROM ACTS OUTSIDE OF IPNS'S CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR OR MODIFICATION BY ANYONE OTHER THAN IPNS OR ITS CONTRACTOR. IPNS RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME. IPNS WILL NOT BE RESPONSIBLE FOR ANY EQUIPMENT DAMAGED BY ANY NATURALLY OCCURRING EVENT SUCH AS LIGHTNING, FLOOD, OR EARTHQUAKE OR OTHER EVENTS OUT OF IPNS'S CONTROL SUCH AS FIRE, POWER SURGES, OR THE ACTS OF OTHERS. THE ABOVE DISCLAIMER AND CLAIMS STATED WITHIN ONLY APPLY TO EQUIPMENT PURCHASED OR PROVIDED TO YOU BY IPNS.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IPNS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. IPNS MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NO INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH IPNS OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY IPNS OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. IPNS AND IT EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, IPNS'S CUMULATIVE LIABILITY TO YOU 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.

IPNS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES; THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.

THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF IPNS, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST IPNS IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

11. Jurisdiction

This Agreement is governed by Oregon law without regard to conflict of law provisions. The federal and state courts located in Portland, Oregon alone have jurisdiction over all disputes arising out of or related to this Agreement and the Service. You consent to the personal jurisdiction of such courts sitting in Portland, Oregon with respect to such matters or otherwise between you and IPNS, and waive your rights to removal or consent to removal.

12. Miscellaneous

This Agreement, the Acceptable Use Policy, and IPNS's other Agreements and policies posted on IPNS' Web site constitute the entire agreement between you and IPNS with respect to your use of the Service.

IPNS may revise, amend, or modify the Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on IPNS's Web site (www.ipns.com) and/or on your start pages and/or by email and/or in our various publications and mailings to you.

Rev. 08/11/2004