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Legal Policies
General Use Policy

As a subscriber of HyperSurf Internet Services, Inc., hereafter referred to as "HyperSurf" services, you agree that you are of at least 18 years of age (or have permission from a parent or guardian to use this service) and will abide by the policies of HyperSurf. It is understood that you access information on the Internet at your own risk.

HyperSurf does not censor the Internet and has no control over what data is transmitted to you. HyperSurf is not responsible for information on the Internet, which may be unedited, uncensored, and offensive to you.

As a subscriber of HyperSurf services, you agree not to use the service in a manner that violates any local, state or federal law. You also agree not to use the Internet for abusive, profane, libelous, slanderous, threatening or otherwise harassing posts, web pages, email, etc.

Subscribers may not download illegal copies of commercial software through or store such software on any system owned by HyperSurf. If commercial software is found on our hard disk, we will delete all related files and immediately terminate your service.

Subscribers may not mount deliberate attacks against our systems or use our systems in a deliberate attack on any other systems.

This includes, but is not limited to: Mail bombing (sending three or more unsolicited pieces of e-mail or files exceeding 60K) "Cracking" or attempting to gain root access Ping flooding Tsunami or flood bots Annoyance utilities like "nuke" or "flash" UN-METERED TIME & DIAL-UP -

As an individual dial-up subscriber of HyperSurf services, you are licensed to a single connection at any given time. Simultaneous logins are not allowed. Unless otherwise authorized, violation of our single connection policy may result in the suspension of your account.

The un-metered time policy means there are no per minute charges levied by HyperSurf for the use of our dial-up services by you, the customer. We want to make the net available to all of our users at a reasonable price and in a manner that supports your needs.

Activities such as automatic dialers and scripts intended to defeat session limits and idle timeouts in order to maintain a continuous connection to the net, interfere with the ability of this organization to provide reliable service to it's customers and cannot be supported. Sustained, chronic abuse will result in account termination for cause.

As a subscriber of HyperSurf services, you understand that the un-metered Internet access account is not intended to be a dedicated line. Dedicated modems or unmonitored modems connected on a 24-hour basis are not allowed and may result in cancellation of your account. HyperSurf reserves the right to refuse service to anyone. SPAMMING - (Unsolicited e-mail or News Postings) Excessive "spamming" in newsgroups or mass email that result in numerous complaints is strictly prohibited.

There is no flexibility on this issue. If you are found to be in violation of this policy through 3 or more complaints, your account will be canceled and you may be subject to any applicable local, state or federal violation charges. IRC, CRON JOBS & BACKGROUND PROCESSES - Subscribers may not have more than 3 clients on IRC at any one time. A client is either a bot or an IRC session. We reserve the right to kill any process that is causing significant server load. Subscribers may not flood (send text repeatedly) other clients on IRC.

Subscribers may not run servers (ftp, http, IRC, MUDs, MUSHs, etc.) on any server without express permission from HyperSurf.

Subscribers may not run link lookers on IRC.

Subscribers may not run mailing lists on or through our servers.

Subscribers may only have one dial-in per account at a time.

Multiple sessions are allowed. Subscribers may not run packet sniffers or similar programs.

Subscribers may not schedule a cron process to run more often than once every hour.

Subscribers are allowed to run one background job while not logged in.

We reserve the right to kill any process that is causing significant server load.

TECHNICAL SUPPORT - HyperSurf assumes that the user has a basic understanding of their computer. HyperSurf will not train users in basic computer skills such as, but not limited to, deleting files or creating directories.

WEB SITES - Web space is provided for personal and business customers of HyperSurf Content of those sites must conform to local, state and federal ordinances. Basic information about Web site creation is online under the HyperSurf Help Desk. However, HyperSurf does not provide training or technical support for Web site development.

CGI SCRIPTS - Only CGI scripts written or approved by HyperSurf programmers will be supported.

WEB SPACE — HyperSurf, INC’s web server is intended to be used for your personal or business web presentation. It is not intended for holding or presenting unauthorized copyrighted files. Any files, which are owned or copyrighted by another party, are prohibited on our web server. Multiple complaints regarding the abuse of this policy may result in deletion of the file(s) in question.

PHONE CHARGES - HyperSurf has multiple local access numbers throughout the State. It will be the responsibility of the subscriber to make sure that a number being dialed to access the Internet is local and toll free to the subscriber. Subscriber can do this by confirming a number with their phone company.

HyperSurf is not responsible for information provided by HyperSurf staff or HyperSurf web sites, which proves inconsistent with local area phone companies. It is always the responsibility of the user to make sure they are dialing a local number with their phone company.

HyperSurf will not be responsible for your phone bill for any reason. Subscribers are responsible for any changes made to the configuration of their modem dialer, as with any change in area code or prefix. HyperSurf is not responsible for loss of income, use, or information as a result of using HyperSurf, as an Internet Service Provider.

BILLING - HyperSurf offers a 10 day money-back guarantee on all NEW accounts (Set Up/Activation Fees and domain name registration fees, however, are Non-Refundable.). There are no pro-rated refunds for unused time. Accounts that are found to be delinquent in payment may be suspended until payment has been received.

All accounts suspended for payment issues are subject to a $15.00 re-enabling fee. Your account is not "monitored" for inactivity and we do not assume that you wish to cancel if you have not used your account for dial-in purposes. All returned checks are subject to a $25.00 processing fee.

CANCELLATIONS - It is the customer's responsibility to cancel an account through a Customer Account Representative at HyperSurf Representatives can be reached by phone only at 877-702-7873. Once you have canceled the account, you are responsible for monitoring any charges that may occur. You are responsible for any usage fees up to the date of cancellation. HyperSurf is not responsible for any disputed charges beyond 60 days from the actual date of a charge.

CHOICE OF LAW - You and HyperSurf agree that the Law of the State of California, U.S.A. will apply to all matters relating to this Agreement and to HyperSurf In addition, you and HyperSurf agree and consent that the courts of Alameda County, California, U.S.A. will have exclusive jurisdiction and be the exclusive venue for any legal actions relating to this Agreement or to the services provided hereunder.

Subscribers agree to defend, indemnify and hold harmless HyperSurf, its officers, directors, employees, agents and licensees, from any claims and expenses, including reasonable attorney's fees, arising out of or relating to subscriber's use of HyperSurf’s service.

If any part of this agreement is unacceptable to you, you must immediately terminate your subscription with HyperSurf.