Arrowheadnet.com

Online Services Subscriber Agreement and Acceptable Use Policy
The policy described below applies to all of TCS Communication Company's and affiliates.


Arrowheadnet.com ® Online Services ("Arrowheadnet.com") agrees to provide and Arrowheadnet.com® Online Services Subscriber ("Subscriber") agrees to receive access to the Arrowheadnet.com Internet service and other services as described in related ARROWHEADNET.COM product data sheets according to the following terms and conditions:
All provisions of ARROWHEADNET.COM's Subscriber Agreement ("Agreement") apply to the Subscriber's Account. Continued use of ARROWHEADNET.COM services constitutes full acceptance of this Agreement.

I. General Guidelines

1. ARROWHEADNET.COM strives to provide a commercially viable and useful set of Internet services that exceed the quality and reliability of other services targeted towards residential customers.

2. This Acceptable Use Policy is intended to protect ARROWHEADNET.COM and the customers of ARROWHEADNET.COM from being impacted by abusive behavior and misuse of the service. In general the Internet community responds to unacceptable behavior of one or two irresponsible users by attacking the network that provides access. A network of good Internet citizens receives few attacks.

3. In general, the Acceptable Use Policy is that any use of ARROWHEADNET.COM for inappropriate and/or illegal activities of any kind, including unauthorized use (or attempted unauthorized use) of ARROWHEADNET.COM's machines or other machines on the Internet is prohibited.

4. Any activity which results in "denial of service" to anyone, either on ARROWHEADNET.COM, or on the Internet is prohibited.

5. "Unlimited" means that you will not be logged off as long as you are actively using the Internet. It does not mean you can log in and just let it sit. The system will automatically log you off if your account does not show any activity in 10 minutes. (Uploading/downloading is considered activity and will not cause the system to log you off.) (See Subscriber Agreement and Acceptable Use Policies, Section 30)

6. Unsolicited electronic mail advertisements("Spamming")is prohibited under California Assembly Bill 1629

II. Usage

1. The system shuts down from 4:00am-approx 5:00am for routine maintenance, such as backing up, updating user information, etc. The average down time is between 45 minutes and 1-1/2 hours, but generally does not exceed 1 hour.

2. The benefits or rights conferred by this Agreement are nontransferable. Use of ARROWHEADNET.COM accounts is expressly limited to the individual(s) or business whose name(s) appear(s) on the account.

3. ARROWHEADNET.COM Customer agrees to use the service in a manner consistent with any and all applicable laws. ARROWHEADNET.COM will cooperate with the appropriate law enforcement agencies investigating claims of illegal activity.

4. Subscriber agrees to follow the Acceptable Use Policy of any network ARROWHEADNET.COM Customer connects to, including ARROWHEADNET.COM's system.

5. Reselling of ARROWHEADNET.COM services, including web space, or e-mail is prohibited, except as expressly provided by ARROWHEADNET.COM® Online Services.

6. Subscriber is responsible for all use of Subscriber's account(s) and confidentially of password(s). ARROWHEADNET.COM will suspend access or change access to Subscriber's account(s) immediately upon notification by Subscriber that his/her password has been lost, stolen or otherwise compromised. ARROWHEADNET.COM is not liable for any usage and or charges prior to ARROWHEADNET.COM making the necessary account alteration.

7. Subscriber is responsible for all local and long-distance telephone charges for connecting to ARROWHEADNET.COM.

8. Subscriber agrees to pay provider all charges relating to the use of Subscriber's account(s) according to effective prices.

9. ARROWHEADNET.COM reserves the right to change prices on 30 days notice published on-line.

10. ARROWHEADNET.COM reserves the right to suspend access to service for Subscriber's account(s) upon an indication of credit problems including returned checks, declined credit card and business billing accounts 10 days or more delinquent.

10(a). There is a $25.00 charge for all returned checks. Returned check charges must be paid to re-establish service.

10(b). There is a $25.00 charge for all declined credit cards. Declined credit card charges must be paid to re-establish service.

11. DISCLAIMER: THE ARROWHEADNET.COM SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO ARROWHEADNET.COM OR ANY INFORMATION OR SOFTWARE THEREIN. SUBSCRIBER IS NOT ENTITLED TO ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY ARROWHEADNET.COM OR ITS PROVIDERS. SUBSCRIBER ACKNOWLEDGES THAT ARROWHEADNET.COM MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, REGARDING THE RELIABILITY OR SUITABILITY PURPOSE OF ITS SERVICES. ARROWHEADNET.COM DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUBSCRIBER ACKNOWLEDGES THAT ARROWHEADNET.COM EXERCISES NO CONTROL OVER THE NATURE, CONTENT, OR RELIABILITY OF THE INFORMATION DELIVERED TO SUBSCRIBER FROM THE INTERNET VIA ARROWHEADNET.COM.

12. ARROWHEADNET.COM reserves to right to change without notice the ARROWHEADNET.COM service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

13. ARROWHEADNET.COM is not responsible for Subscriber's files residing on ARROWHEADNET.COM. Subscriber is responsible for independent backup of his her data stored on ARROWHEADNET.COM.

14. ARROWHEADNET.COM reserves the right to delete customers files after one or both parties terminates agreement.

15. ARROWHEADNET.COM reserves the right in its sole discretion to remove from public view any information entered into ARROWHEADNET.COM by Subscriber. ARROWHEADNET.COM and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.

16. Subscriber hereby agrees that any material submitted for publication on ARROWHEADNET.COM through ARROWHEADNET.COM Subscriber's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. Software intended to facilitate any such violations or infringements may not be stored on ARROWHEADNET.COM.

17. ARROWHEADNET.COM, at 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 services provided or by sole judgment of ARROWHEADNET.COM that Subscriber may be performing activities harmful to ARROWHEADNET.COM® or its Subscribers, employees, vendors, business relationships or any other Subscribers.

18. The following violations of "netiquette" are grounds for immediate suspension of service pending investigation by ARROWHEADNET.COM and will result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic.

(18a) Posting a single article or substantially similar articles to an excessive number of newsgroups i.e., 20 or more or continued posting of articles which are off-topic e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic.

(18b) Sending unsolicited commercial e-mailing (i.e., to more than 25 e-mail addresses) which provoke complaints from the recipients.

(18c) Engaging in either (a) or (b) from a provider other than ARROWHEADNET.COM® Online Services and using an account on ARROWHEADNET.COM as a mail drop for responses.

(18d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by ARROWHEADNET.COM.

(18e) Impersonating another Subscriber or otherwise falsifying one's Subscriber name in e-mail, Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)

(18f) Use of Chat/IRC "bots" on ARROWHEADNET.COM, whether on our Chat/IRC server or on any other. Such software may not be used on ARROWHEADNET.COM® Online Services.

19. Subscribers whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by ARROWHEADNET.COM.

20. This document and the rights and duties of the parties shall be governed by and interpreted according to the laws of the State of California.

21. ARROWHEADNET.COM may modify these terms and conditions upon notice published on-line via ARROWHEADNET.COM. Subscriber's use of ARROWHEADNET.COM services after such notice shall constitute Subscriber's acceptance of the modifications to this Agreement.

22. Non-enforcement of any section of this Agreement does not constitute consent and ARROWHEADNET.COM reserves the right to enforce this Agreement at its sole discretion.

23. If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, Subscriber's and ARROWHEADNET.COM's agreement on all other paragraphs shall remain valid.

24. Failure to use this account(s) does not relieve the Subscriber of payment obligations, except as specifically provided in this contract.

25. In the event the Subscriber defaults on this contract, ARROWHEADNET.COM may suspend or revoke the Subscriber's access and server privileges and the Subscriber may have to reapply for service at the price ARROWHEADNET.COM is charging to new customers. The customer agrees to pay ARROWHEADNET.COM's reasonable attorney's fees and court costs, where permitted, in collecting the amount remaining in the Subscriber's contract as stated in the sales order.

26. Communication systems are occasionally subject to degradation of service from phenomena such as so-called "Line-Noise" interference and other causes beyond the reasonable control of ARROWHEADNET.COM.

27. ARROWHEADNET.COM may assign this order, its rights here under and its ownership of said service and commitment at anytime without notice.

28. In addition to any price specified herein, Subscriber shall pay the gross amount of any present or future sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any products or services furnished here under or to their use by customer.

29. ARROWHEADNET.COM reserves the right to collect damages (software, hardware & man hours) if any harm is done to ARROWHEADNET.COM which requires repair or reconfiguration of any kind.

30. ARROWHEADNET.COM dialup connections are not intended to be full-time dedicated connections and will be disconnected after 10 minutes of inactivity. ARROWHEADNET.COM Subscriber agrees not to use any automatic method to avoid disconnection, and to keep the connection active only when the Subscriber is actively using it, and not to provide public information services over the connection. ARROWHEADNET.COM reserves the right to impose a restriction on accounts it deems to be in violation of these conditions.

31. To restore service, a re-activation charge will apply. See re-activation fees below.
• T1s and Frame Relay - $100
• DSL - $40
• Webhosting - $30
• Dial-up - $15
Subscriber will be liable for all past due charges and any early termination fees if account is not brought current and service restored.

III. Usenet Newsgroups

ARROWHEADNET.COM places no content restrictions on newsgroups except that:

1. Illegal content is prohibited

2. Use of copyrighted text or images without the authors expressed written permission is prohibited

3. Posting of 20 or more copies of the same article ('spamming'), is prohibited.

4. Continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in virtually all Usenet newsgroups (exceptions include the biz.* hierarchy).

IV. E-mail

1. Sending harassing or mass unsolicited commercial e-mail (known on the Internet as 'Spamming') is prohibited. Forging header information in e-mail is prohibited.

ARROWHEADNET.COM policy prohibits unsolicited electronic mail advertisements("Spamming") under California Assembly Bill 1629

Use of programs such as Mflash(tm) is prohibited.

Spamming/Clean content policy:

As an ISP we have noticed that spamming greatly reduces the quality of services such as Internet News Groups, Internet Email, and including overall server functionality and performance. This is why Webuniverse has formulated a policy on the subject. Webuniverse also has a clean content policy. Any content on a co-located server or website, that is found with vulgarity, nudity, pornography, bigotry, or anything suspicious or illegal in nature, is not allowed by MGN Inc. We reserve the right to determine what is acceptable content within existing national, state, or local laws and codes. MGN Inc. is not responsible for any damages, offenses or harm to any party due to such content. We reserve the right to terminate partial service or full service for co-location or any other services upon clean content violations or spam, with the user forfeiting the full contractual payment amount.

The consequences are as follows:

For each complaint received in regards to spamming (as defined above), your account will be billed $1.00. If repeated spamming or unclean content occurs as defined herein, we reserve the right to terminate your account and you may be required to forfeit the full contractual payment amount. Our definition of spamming is equivalent to our Internet Service Provider’s Anti Spamming Policy. Moon Global Network is subject to our Internet Service Provider’s rules and other backbone providers as well. This policy is a preventative move and in no way is the result of a certain user or group of user’s actions.

2. ARROWHEADNET.COM encourages the use of encryption for private and/or sensitive communications. ARROWHEADNET.COM respects the privacy of customers, however, ARROWHEADNET.COM reserves the right to access subscribers mailboxes as necessary to resolve mail system problems.

V. Internet Relay Chat, IRC

1. Use of IRC bots on any of ARROWHEADNET.COM's servers is prohibited. Impersonating other ARROWHEADNET.COM Customers by forging one's e-mail address is prohibited. Flooding, cloning, spoofing, harassment, or otherwise hindering the ability of others to properly use Chat or IRC is prohibited.

VI. Netmeeting

1. Use of netmeeting for illegal activities is prohibited. Spoofing, harassment, or otherwise hindering the ability of others to properly use Netmeeting is prohibited.

VII. World Wide Web Hosted Sites

1. Use of web pages hosted on ARROWHEADNET.COM's servers is only for the subscribing company or individual. Reselling web space, selling advertising within a subscribers web page and virtual site is prohibited unless authorized by ARROWHEADNET.COM.

2. Use of copyrighted text or images without the authors expressed written permission is prohibited

3. Web Sites are not to produce Chat (IRC) traffic.

4. ARROWHEADNET.COM reserves the right to move subscribers hosted web sites to other ARROWHEADNET.COM servers to accommodate network traffic demands.

VIII. Hosted Storefronts/E-commerce

Electronic Stores, whether provided by ARROWHEADNET.COM, or provided by subscriber, are individually owned and operated by the subscriber and is the sole responsibility of that subscriber.

DISCLAIMER: ARROWHEADNET.COM SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO ARROWHEADNET.COM OR ANY INFORMATION OR SOFTWARE THEREIN. SUBSCRIBER IS NOT ENTITLED TO ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY ARROWHEADNET.COM OR ITS PROVIDERS.

ARROWHEADNET.COM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF:
FOR THE ACTIVITIES OF ANY SUBSCRIBER; THE GOODS OR SERVICES OFFERED OR THE CONTENT DISPLAYED BY OR IN ANY STORE; FOR ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS ANY STORE; OR ARISING OUT OF THE PURCHASE OR USE OF THE GOODS OR SERVICES OF ANY STORE.

IX. Hacking/Cracking software, utilities, or files

1. Any program, utility, or file that can be used to allow unauthorized access or gain unauthorized information about a computer, network, or file is prohibited. Storage of these archived programs, software, utilities, or files in an archived format and only for personal use or download is acceptable. Removing such files from their archived or compressed state, attempts to run and/or attempting to compile or use such software is prohibited.

2. ARROWHEADNET.COM will cooperate with the appropriate law enforcement agencies investigating claims of illegal activity.

X. Cancellation Policy

1. Cancellation of New Accounts. Prepaid accounts-do nothing, (except accounts on 'automatic monthly payment'-see paragraph 3 below) your account will automatically expire when your time runs out. Monthly Billing accounts-Billing periods begin on the first of each month. To cancel your account notify ARROWHEADNET.COM in writing within 5 days of account activation. If you fail to do so you will be charged from the date of activation for one full month.

2. Monthly Billing Accounts only: Cancellation of Existing Accounts after 5 days of account activation. Any cancellation during the monthly billing period will be considered canceled as of the last day of the billing period.

3. All requests for cancellation MUST be submitted in writing either by US Mail, e-mail, or fax. Your account is not considered canceled until you have received a response from ARROWHEADNET.COM via the same method as above.

4. DSL Accounts: See Section XI. Digital Subscriber Line ("DSL") Subscribers

5. All requests for cancellation are always verified by ARROWHEADNET.COM by a Confirmation Number. Keep a record of this confirmation number, and refer to it in any correspondence regarding your cancellation.

6. ARROWHEADNET.COM reserves the right to refuse or terminate service to Subscriber at any time.

XI. Digital Subscriber Line ("DSL") Subscribers

1. Subscribers who ordered DSL agree to be bound by this entire Acceptable Use Policy, together with the following Terms and Conditions:
1a. Billing. Unless otherwise specified, DSL Subscribers Monthly Recurring Charges ("MRC") are billed one month in advance and are due on the first of the month of service.
Where applicable, service charges for the initial month of service shall be pro-rated and billed prior to the start of service.
Monthly fees are non-refundable. PAST-DUE accounts will be charged a 1.5% late fee per month on any unpaid past due balance.
1b. Taxes. All pricing is subject to any applicable State and local taxes.
1c. DISCLAIMER. SUBSCRIBER ACKNOWLEDGES THAT ARROWHEADNET.COM MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, REGARDING THE RELIABILITY OR SUITABILITY PURPOSE OF ITS SERVICES. ARROWHEADNET.COM DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUBSCRIBER ACKNOWLEDGES THAT ARROWHEADNET.COM EXERCISES NO CONTROL OVER THE NATURE, CONTENT, OR RELIABILITY OF THE INFORMATION DELIVERED TO SUBSCRIBER FROM THE INTERNET VIA ARROWHEADNET.COM. UNDER NO CIRCUSTANCES SHALL ARROWHEADNET.COM BE HELD RESPONSIBLE FOR DAMAGES OR LOSSES SUFFERED BY SUBSCRIBER, INCLUDING BUT NOT LIMITED TO, ERRORS, DELAYS, LOSS OF INFORMATION, OR INTERRUPTIONS IN SERVICE CAUSED BY SUBSCRIBERS, OR ARROWHEADNET.COM'S, OR A THIRD-PARTY'S NEGLIGENCE, FAULT, MISCONDUCT, OR FAILURE TO PERFORM. SUBSCRIBER ACKNOWLEDGES THAT INTERNET ACCESS SERVICE MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE, AND FOR OTHER REASONS WITHIN AND OUTSIDE OF THE CONTROL OF ARROWHEADNET.COM. UNDER NO CIRCUMSTANCES, DO ANY SUCH ERRORS, DELAYS, LOSS OF INFORMATION, OR INTERRUPTIONS IN SERVICE NULLIFY OR MODIFY THIS AGREEMENT OR ANY OTHER AGREEMENT OR CONTRACT ENTERED INTO BY SUBSCRIBER AND ARROWHEADNET.COM.
1d. Termination. ARROWHEADNET.COM reserves the right to refuse or terminate service to Subscriber at any time.
Past Due accounts are subject to termination without prior notice. Termination fees or charges are billed in one lump sum and are payable immediately upon termination. To restore service, a re-activation charge will apply. See re-activation fees below.
• T1s and Frame Relay - $100
• DSL - $40
• Webhosting - $30
• Dial-up - $15
Subscriber will be liable for all past due charges and any early termination fees if account is not brought current and service restored.
1d1. Subscribers with a Term Contract Commitment: If Subscriber terminates service prior to the completion of the term contract ordered, client agrees to pay an early termination fee of $250, plus the remainder of the contract, equipment charges, and any outstanding balances owed to ARROWHEADNET.COM. Termination of service must be in writing with a ninety-day notice. Notice of termination must be sent to: ARROWHEADNET.COM Online Services, P.O.Box 4522,Crestline, CA 92325-4522
1d2. Subscribers without a Term Contract Commitment: Subscriber agrees that termination of service must be in writing with a sixty-day notice. Subscriber further agrees that failure to give a written sixty-day notice is subject to a termination fee equal to two months service. Notice of termination must be sent to: ARROWHEADNET.COM Online Services, p.o.box 4522 Crestlie,ca 92325-4522
1e. Inside Wiring. Any inside wiring requirements are the responsiblity of the customer.
1f. IP Addresses. IP address are not portable and are not assigned for independent administration or distribution. Subscriber understands that IP assignments are not guaranteed, and may be modified as required by ARROWHEADNET.COM.
1g. Restrictions. Subscriber agrees not to use any servers in conjunction with DSL services, including but not limited to, electronic mail (e-mail) servers, web hosting servers, domain name services (DNS) servers and file-transfer-protocol (FTP) servers. In the event that any Subscriber attempts to utilize a server on the network, ARROWHEADNET.COM may, at its sole discretion, increase the fees associated with the Subscribers services, or terminate the Subscribers services.

XII. Digital Millennium Copyright Act (Public Law 105-304) Policy and Procedures

1. Policy: User agrees that ARROWHEADNET.COM, at its sole discretion, may
block access to alleged infringing material; or
remove alleged infringing material; or
suspend any or all services to User
upon receipt of an Infringement Complaint directed to its Designated Agent

1(a). User further agrees that ARROWHEADNET.COM, may look into the complaint, and remove anything we believe infringing, or may suspend any or all access and services without receiving formal notice first.

1(b). ARROWHEADNET.COM will suspend any and all access and services if the ARROWHEADNET.COM Designated Agent receives formal notice of infringement, and the notice includes:
identification of what is being infringed
where the infringements are located
who is complaining
how he or she may be contacted
a statement of good faith belief that the material is infringing
and a statement made under threat of perjury that the information provided is accurate and the complaint is authorized by the copyright holder.

1(c). If the notice provided is not complete, ARROWHEADNET.COM will make reasonable efforts to contact the person complaining to obtain the missing information.

1(d). Upon suspension of any or all services, ARROWHEADNET.COM will attempt to contact User about ARROWHEADNET.COM's actions.

1(e). If ARROWHEADNET.COM receives a counter-notice from User, and the counter-notice includes:
a statement, that the User has a good faith belief that the suspension, blocking of material or removal of material was a result of a mistake or misidentification of ARROWHEADNET.COM's part; and
listing User's contact information; and
consenting to jurisdiction in federal court
ARROWHEADNET.COM will attempt to give this counter-notice to the original complaining party.

1(f). If ARROWHEADNET.COM receives such a counter-notice, ARROWHEADNET.COM will restore access to the questioned material in 10-14 days unless ARROWHEADNET.COM receives notice that a lawsuit has been filed over the material.

2. Repeat infringements by the same User will result in the complete termination of all access and services provided to User.

XIII. Severability
The invalidity or unenforceability of any provision in this Agreement shall not cause any other provision to be invalid or unenforceable.

XIV. Headings
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

XV. Final Agreement
This Agreement constitutes the final agreement and understanding between the parties on the subject matter hereof and supersedes all prior understandings or agreements whether oral or written.

XVI. Controlling Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.

Thank you for using ARROWHEADNET.COM !