ZiaNet Dial-Up Service Agreement

This is a statement of the terms of ZiaNet service, an agreement between you the customer, and ZiaNet, Inc. In order to provide the best possible service to all of our customers we ask you to honor certain limitations on your service. A link to this notice titled Terms of Service is included in a "Welcome" mail message delivered to your email account when you sign up for service with ZiaNet, or a "Surf Report" delivered periodically to all ZiaNet customers. A link to this information is also available on every ZiaNet web page. If you do not accept the terms of this agreement, you may cancel your account. When you continue to use the service, you indicate agreement with these terms of service.

ZiaNet is a supplier of Internet access and related services. ZiaNet will use its best efforts to provide uninterrupted Internet access and web presence on the Internet. Except for products or services clearly identified as being supplied by ZiaNet, neither ZiaNet nor any of its affiliates provide or control any information, products or services on the Internet. Except for such ZiaNet identified information, products, or services — merchandise, products, or services offered or made available or accessible through ZiaNet or on the Internet generally, are not the responsibility of ZiaNet or its affiliates.

Dial-up Service definition and limits

ZiaNet provides Dial-up service to you when you use your modem to connect to ZiaNet through your telephone line to ports provided by ZiaNet. This definition includes ISDN service. We do not have a strict limit on how often or how much you use the service; however, we do ask that you be in front of your computer using the connection, or downloading data, actively. We do not allow 24 hour connections under our standard ($20 + tax per month) service. Should we discover that you are using the service for excessive amounts of time continuously, we may notify you of the problem and ask you to log out when you are not actively using the service. Should you continue to use the service for excessive amounts of time, we may notify you that we will begin billing you for a premium connection. We reserve the right to scan our dial-up connections for excessive use. You may use your connection from multiple computers but only one computer may be connected at any given time. Multiple simultanious logins are not allowed.

Broadband Service definitions and limits

ZiaNet provides internet (ISP) services in conjunction with several phone companies in New Mexico. The ZiaNet charge for these services range from $15 and up, depending on the DSL provider and the rate of service selected. ZiaNet provides Wireless services in certain areas. DSL and Wireless services are "always-on" connections. With appropriate equipment you may connect multiple computers at your service location to a broadband connection. Casual use of a Dial-up connection, included with your service, is allowed.

General Service definitions and limits

You purchase service from ZiaNet on a month to month basis. The initial month of Dial-up or DSL service costs $5 plus tax. ZiaNet will not refund your first month of service. You may notify ZiaNet in writing that you wish to cancel your account at any time.

Cancellations must be through the form provided at http://www.zianet.com/billing/cancel.html, or by written notice you mail to us.

It is your responsibility to inform ZiaNet of any changes in your service that would also result in a billing change. ZiaNet does not allow partial refunds or credit for the current month, or for any period of time that you did not use the service for whatever reason. We will be happy to suspend your account and/or forward your email free of charge should you be unable to use the service for some time due to computer or phone line problems, travel, or residence in another area for part of the year.

You may not use your ZiaNet service to attempt unlawful access to other computer systems.

You are responsible for the condition of your phone line. In case of poor phone line conditions at your location, ZiaNet will make reasonable effort to determine the severity of the problem, assist you with technical compensating measures, and advise you on how to contact your telephone provider for additional assistance.

You are responsible for the operating condition of your computer and modem. ZiaNet does not sell or service hardware or software.

You are responsible for assuring that ZiaNet service is a local call from your location. (If you have to dial 1 plus the area code, it is not a local call. You are responsible for all long distance charges in this case.) ZiaNet will try to determine whether your location is a local call to one of our service areas. We are not responsible for long distance charges on your phone bill. You are responsible for assuring that you have Unlimited Local Dialing service on your phone line. ZiaNet is not responsible for local call charges on your phone bill.

ZiaNet may temporarily disconnect your service in case a virus, worm, or trojan infecting your computer poses a threat to our network or to other customers. ZiaNet will work with you to identify and clean the infection that caused the threat. You are responsible for taking reasonable measures to prevent virus infection, or to clean off an infected computer in order to assure that your computer does not pose a threat to your internet neighbors.

You may use your Dial-up (primary) account on as many computers as you want, but only one computer may be connected at a time. If you need to have more than one computer connected at a time, you must sign up for as many accounts as you need. Email accounts are for email only. You may only dial up with the login name and password of your primary account. Your email program may be set up to check your email box(s).

Email Service definition and limits

ZiaNet standard Dial-up Service includes one mailbox (email account). You may request up to four additional mailboxes at no charge. ZiaNet does not measure or monitor your email traffic in any way. ZiaNet does not limit the size of messages sent, received, or stored on our servers. Please see the Excess Storage² provision following Web Service definition and limits. ZiaNet is not responsible for financial loss, percieved or real, due to lost or delayed email.

ZiaNet will not tolerate abusive or unwelcome communications through our service. Should someone contact us regarding abusive or unwelcome communications, we will examine the evidence presented and, if warranted, warn you that you are not to send any more messages to that party. If you continue to contact that party, you will be notified that your service has been terminated. If you receive abusive or unwelcome communications ZiaNet will intervene on your behalf. ZiaNet will cooperate with law enforcement authorities in the investigation of any such criminal act.

ZiaNet will not tolerate SPAM (unsolicited bulk commercial email). Should we receive complaints of SPAM from your account, we will examine the evidence presented and, if warranted, warn you that you are not to send out SPAM through our service. Should you continue to send out SPAM, you will be notified that your account has been terminated. ZiaNet takes industry standard measures to reject SPAM from other parties. Should you receive SPAM please report it by forwarding the article to spam@zianet.com. We will examine the message and take reasonable measures to block such traffic.

Web Service definition and limits

ZiaNet provides access to the World Wide Web and all public and unrestricted services on the Internet. We do not restrict, filter, or monitor web traffic. You are responsible for acquiring and installing any software you wish to use to filter or limit the content of the Internet for whatever reason.

ZiaNet provides customers with a personal web directory where you may place web pages or other content. You must request a web directory by email to support@zianet.com or by calling tech support. You may store up to 30 megabytes² of files in your web directory. We ask that items in your directory be part of visible web content that you share with others. You should not use your web directory to back up the contents of your computer. You can not use your web directory to store illegal copies of software. You can not use your web directory to store files that contain materials prohibited by state or federal laws.

It is your responsibility to assure that the contents of your personal web directory do not violate any laws.

ZiaNet will not host a service or customer web pages that
    support SPAM*, including but not limited to web pages:

• that are promoted by SPAM
• that advertise SPAM services, provide software to facilitate SPAMming, or provide bulk email lists for the purpose of SPAMing
• that promote or link to email services or autoresponders that are related to SPAM
• that promote or link to listserve services that obtain addresses by any other means than verified Opt-in**

*SPAM includes UBE - Unsolicited bulk e-mail, and UCE - Unsolicited commercial e-mail
**Opt-in services are those where a customer has positively affirmed that they wish to receive information from the service.

² Excess Storage

The following provisions apply to each Dial-up Account with ZiaNet.

ZiaNet must take reasonable measures to assure that your server storage systems provide reliable service for Web, Email, and News server operations. ZiaNet allows you to store a total of 30 megabytes on our systems. Should your total storage exceed this limit, we will contact you and assist you in reducing the amount of data you have stored. If we are unable to contact you, or unable to reach a reasonable accommodation with you, we reserve the right to: 1) remove email that is six (6) months old or older, or, 2) remove web or other files that exceed the limit for your account(s).

Technical support

ZiaNet provides technical support over the telephone, through email, or on site as needed. Telephone technical support is available free of charge Monday through Saturday from 8 AM to 9 PM. ZiaNet usually provides a technician to assist you as soon as you call. Should a technician not be available due to illness, extreme demand, or other problems, we will take a message and call you back as soon as possible.

In the event that we are unable to assist you over the phone, a technician may collect information about your case and submit a request for a Home Visit. An employee or representative of ZiaNet, will contact you to schedule an appointment at your convenience. Homevisits are currently available only in Las Cruces and the surrounding area. ZiaNet may grant customers one free visit in order to solve difficult problems that are directly related to using our service. Any additional visits, or visits to solve problems that are not directly related to using our service, may be billed at the rate of $50 plus tax per hour.

It is your responsibility to assure that you have a licensed copy of the Operating System (OS) for your computer. It is sometimes necessary to reinstall networking components on your computer in order to restore service. All computers are delivered with a copy of the OS on CD, Diskette, or installed as an image on the hard drive, or you purchase an OS from a manufacturer or retail store. ZiaNet makes every effort to assure that you have a valid image of your OS before we assist you with reinstalling Dial-up networking. ZiaNet will not be responsible if you do not have a valid image of your OS.

You are responsible for the operating condition of your computer and modem. ZiaNet does not sell or service hardware or software.

ZiaNet technical support is limited to helping you solve problems with connecting to and using our Dial-up, DSL, or Wireless service, email, and the Internet. We will try to assist with any problem, but we reserve the right to ask you to go elsewhere for assistance with problems not related to the Internet, problems with services not supplied by ZiaNet, or problems with your Computer, modem, or phone line.

Enforcement

ZiaNet understands that appropriate use of the Internet can be confusing at times. While it is not our intent to punish someone for not fully understanding the impact of their actions, we do reserve the right to cancel the account privileges of anyone who abuses our computing and networking resources or infringes on the rights of others. Our goal is to help our customers to use the Internet responsibly and effectively.

Law Enforcement

ZiaNet cooperates fully with federal, state, and local law enforcement officials in any investigations of criminal activity.