Northcoast Internet, Inc. Terms of Service

1. Northcoast Internet, Inc. is an Internet Access Provider (ISP). Access is provided to Account Holder(s) subject to the following Terms of Service (Agreement).
2. By opening an account using Northcoast Internet, Inc. software and/or the Northcoast Internet, Inc. service, Account Holder agrees to be legally bound and abide by the terms of this Agreement. If Account Holder does not wish to be bound by this Agreement, Account Holder may not access the Internet through Northcoast Internet Inc., may not use the Northcoast Internet, Inc. software, and Account Holder must immediately terminate the access account
3. Northcoast Internet, Inc. reserves the right to amend this Agreement at any time. Prior to any amendment, Northcoast Internet, Inc., will first publish the amendment on Northcoast Internet, Inc.'s web page. If Account Holder does not wish to be bound by the Agreement as amended, Account Holder has the right to terminate the access account pursuant to paragraph 19. IF ACCOUNT HOLDER CONTINUES TO USE THE NORTHCOAST INTERNET, INC. ACCESS ACCOUNT AFTER THE DATE THE AMENDMENT FIRST BECOMES EFFECTIVE, ACCOUNT HOLDER WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE AMENDMENT. Upon thirty (30) days prior notice, Northcoast Internet, Inc. may change the fees charged to its access Account Holders for the services so provided.
4. Northcoast Internet, Inc. may modify the format, content, time of availability, amount of use permitted or the scope of access to certain types of computer hardware and operating systems of its access service at any time without prior notice.
5. Account Holders of Northcoast Internet, Inc. are responsible for providing all telephone and computer equipment and telephone access lines to access Northcoast Internet, Inc. NORTHCOAST INTERNET DOES NOT ACCEPT RESPONSIBLITY FOR ANY PHONE CHARGES AND WILL NOT REIMBURSE OR ISSUE CREDIT TO CUSTOMERS WHO ACCESS OUR INTERNET SERVICES USING THE INCORRECT DIAL-UP NUMBER. PLEASE CONSULT THE OPERATOR OF YOUR TELEPHONE COMPANY TO CONFIRM THAT THE NUMBER YOU SELECT WILL NOT GENERATE MEASURED RATE TOLLS ON YOUR PHONE BILL.
6. Account Holders affirm that they are at least eighteen (18) years of age. Access accounts with Northcoast Internet, Inc. are not transferable and may not be used by anyone other than the Account Holder, subject to the following limited exception. A minor's parent or legal guardian may permit the minor to use the parent's or legal guardian's Northcoast Internet, Inc. account provided that the minor's use is supervised by the Account Holder and expressly conditioned upon the Account Holder's agreement to indemnify, defend and hold harmless Northcoast Internet, Inc. its parent corporation, affiliate corporations, all of their officers, directors, employees, shareholders and agents from any claims and expenses, including attorney's fees for any and all use of the Account Holder's account by the minor.
7. Charges to Account Holders for Northcoast Internet, Inc. Internet access are due on the first of the month for that month of service. Charges for over usage are billed in the month after service. Charges are considered delinquent if payment for the month is not received by the 15th of the month. Account Holders will be charged $10 in the event that credit card or electronic fund transfer billings for Internet access charges are declined. Northcoast Internet, Inc. reserves the right to suspend access and/or delete an Account Holder's account in the event of non-payment. A $10 re-activating fee will be charged to re-enable Account Holder account. Deleted accounts will not be re-opened. If Northcoast Internet, Inc. does not receive full payment by the 15th of the month, then Northcoast Internet will add a late charge of an additional 1.5% of the balance then outstanding. The Account Holder will also be liable for all attorney and collection fees resulting from Northcoast Internet, Inc.'s efforts to collect any unpaid charges.
8. Northcoast Internet, Inc.'s access to the Internet may not be used to send or submit for posting any abusive, illegal, obscene, profane, sexually explicit, or threatening material. Access may not be used to solicit Account Holders to become users of any competitive Internet access service. Access may not be used for any illegal purpose.
9. All of the software provided by Northcoast Internet, Inc. to the Account Holder is copyrighted. Copying, distributing or publishing any part of the Northcoast Internet, Inc. Software is prohibited.
10. Copyrighted material may not be uploaded or downloaded without the permission of the owner(s) or person(s) they specifically authorize. Only the owner(s) or such authorized person(s) may upload copyrighted material.
11. Northcoast Internet, Inc. is not responsible for the retention of any files or other information that an Account Holder places on Northcoast Internet, Inc.'s equipment.
12. THE ACCOUNT HOLDER EXPRESSLY AGREES THAT USE OF NORTHCOAST INTERNET, INC.'s INTERNET ACCESS IS AT ACCOUNT HOLDER'S SOLE RISK. NEITHER NORTHCOAST INTERNET, INC. NOR ANY OF ITS LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE ACCESS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES NORTHCOAST INTERNET, INC. OR ANY OF ITS LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE ACCESS. THE ACCESS 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 NORTHCOAST INTERNET, INC. NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE ACCESS 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 ANY WARRANTY. ACCOUNT HOLDER EXPRESSLY ACKNOWLEDGES THAT THE PROVISION OF THIS PARAGRAPH SHALL ALSO APPLY TO THIRD PARTY CONTENT.
13. Subject to the terms of this Agreement, Northcoast Internet, Inc. grants to Account Holder a personal, non-exclusive, non-assignable and nontransferable license to use and display the Northcoast Internet, Inc. Software on any machine(s) of which Account Holder is the primary user. Unauthorized copying of the Software, including software that has been modified, merged or included with the Software, or the written materials associated therewith is expressly forbidden. Account Holder may not sublicense, assign or transfer this license or the Software.
14. The Account Holder is permitted to archive Northcoast Internet, Inc. Software, provided that all such copies contain the same copyright notice and proprietary markings as are on the original Northcoast Internet, Inc. Software. Unauthorized copying of Northcoast Internet, Inc. Software, including Northcoast Internet, Inc. Software that has been modified, merged or included with any related written material, is prohibited. The Account Holder may not translate, reverse engineer or reverse compile, disassemble or make derivative works from Northcoast Internet, Inc. Software. The Account Holder may not modify Northcoast Internet, Inc. Software in any manner or form, including without limitation for the purpose of obtaining unauthorized access to the Northcoast Internet, Inc. (e.g., hacking).
15. Northcoast Internet, Inc.'s entire liability and the Account Holder's exclusive remedy with respect to the use of Northcoast Internet, Inc. Software shall be the replacement of any diskette deemed by Northcoast Internet, Inc., to be defective. NORTHCOAST INTERNET, INC. MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE NORTHCOAST INTERNET, INC. SOFTWARE. IN NO EVENT SHALL NORTHCOAST INTERNET, INC. BE LIABLE TO THE ACCOUNT HOLDER OR ANY THIRD PARTY FOR CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES WHICH MIGHT RESULT FROM USING NORTHCOAST INTERNET, INC. SOFTWARE, INCLUDING BUT NOT LIMITED TO LOSS OF INFORMATION OR MATERIAL OF ANY KIND.
16. The Account Holder agrees to indemnify, defend and hold harmless Northcoast Internet, Inc. its parent corporation, affiliate corporations, all of their officers, directors, employees, shareholders and agents from any claims and expenses, including attorney's fees for any and all use of the Account Holder's account.
17. The Account Holder shall pay, in accordance with the provisions of the Billing Option selected by the Account Holder, any set-up or monthly fees, connect time charges, minimum charges and other charges incurred by the Account Holder at the rates in effect for the billing period in which those charges are incurred.
18. If the Account Holder suspects any breach of security, such as loss, theft or unauthorized disclosure of the Account Holder's User ID, password or any credit, debit or charge card account numbers maintained by Northcoast Internet, Inc. then the Account Holder must promptly notify Northcoast Internet, Inc.. Until Northcoast Internet, Inc. is notified, the Account Holder will be responsible for any unauthorized use.
19. The Account Holder may terminate Account Holder's access at any time. Account Holder's only right with respect to any dissatisfaction with (i) any term in the Agreement or practice of Northcoast Internet, Inc. in operating the Northcoast Internet, Inc.'s Internet access, (ii) content available through the Northcoast Internet, Inc.'s Internet access or change therein, or (iii) change in the amount or type of fees charged in connection with the Northcoast Internet, Inc.'s Internet access, is to terminate Account Holder's access account by delivering written notice to Northcoast Internet, Inc. which will be effective the day Northcoast Internet, Inc. receives notification of termination or at such specified future date as may be acceptable to Northcoast Internet, Inc.. In the event that an Account Holder's account is terminated or canceled, any on-line time credited to the Account Holder's account is not convertible to cash or other form of credit.
20. Northcoast Internet, Inc. may terminate access, or suspend any Account Holder's access to all or part of Northcoast Internet, Inc.'s Internet access, without notice, for any conduct that (i) Northcoast Internet, Inc. in its sole discretion believes violates the Access Account Agreement, (ii) inhibits or otherwise precludes Northcoast Internet, Inc. from providing access to its other Account Holders, (iii) is harmful to another Account Holder, third-party information provider, licensor, service provider or Northcoast Internet, Inc.'s interests. In the event that an Account Holder's account is terminated or canceled, any on-line time credited to the Account Holder's account is not convertible to cash or other form of credit.
21. In the event that any portion of the Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Access Account Agreement shall remain in full force and effect.
22. The failure of either party to insist upon or enforce strictperformance by the other party of any provision of the Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement.
23. The Agreement shall be governed by and construed in accordance with the laws of the State of California, except with regard to its conflicts of law rules. Each party irrevocably consents to the exclusive jurisdiction of the courts of the State of California and the federal courts situated in the State of California in connection with any action arising under the Access Account Agreement or relating to Northcoast Internet, Inc. Internet access or the Northcoast Internet, Inc. Software. Any cause of action of the Account Holder with respect to the Northcoast Internet access or Northcoast Internet, Inc. Software must be commenced within one (1) year after the claim or cause of action arose, or be barred.
24. This Agreement represents the complete understanding between Northcoast Internet, Inc. and the Account Holder as to the subject matter hereof, and supersedes all prior written or oral negotiations, representations, guaranties, warranties, promises, orders, statements or agreements between Northcoast Internet, Inc. and the Account Holder or any statement or representation made or furnished by another person representing or purporting to represent either Northcoast Internet, Inc. or the Account Holder.

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