Use of any Nevada County Web Surfer, Inc. service constitutes acceptance of these Terms and Conditions which supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order. Nevada County Web Surfer, Inc. reserves the right to modify these Terms & Conditions and change pricing or services at any time without notice.

DISCLAIMER OF LIABILITY. Nevada County Web Surfer, Inc. exercises no control whatsoever over the content of the information passing through its systems. Nevada County Web Surfer, Inc. makes no warranties of any kind, expressed or implied, for services provided.

Nevada County Web Surfer, Inc. disclaims any warranty of merchantability or fitness for a particular purpose. Nevada County Web Surfer, Inc. is not responsible for any damage suffered from the direct or indirect use of its services. This includes, but is not limited to: expenses and loss of data resulting from delays, non deliveries, miss deliveries, computer virus, or service interruptions caused by its own negligence or errors or omissions. Use of any information obtained via Nevada County Web Surfer, Inc. is at your own risk. Nevada County Web Surfer, Inc. specifically denies any responsibility for the accuracy or quality of information obtained through its services.

RESTRICTIONS. Nevada County Web Surfer, Inc. may only be used for lawful purposes. Transmission or storage of material in violation of federal, state or local regulation is prohibited. This includes, but is not limited to material that is: copyrighted, judged to be threatening, compromises security or privacy, or is protected by trade secret. Nevada County Web Surfer, Inc. reserves the right to remove or modify, at its discretion, any material in violation of these policies. You agree to comply with the rules and restrictions appropriate to other networks or services connected directly or indirectly to Nevada County Web Surfer, Inc. This includes, but is not limited to the Acceptable Use Policies established for Usenet and the Internet as a whole which expressly prohibits commercial solicitation. You agree to indemnify and hold harmless Nevada County Web Surfer, Inc. from any claims resulting from your conduct and/or use of the service which damages you or another party. Nevada County Web Surfer, Inc. reserves the right to refuse service to anyone, and the right to terminate any account at any time. Personal accounts are for student or home entertainment purposes only. Personal accounts used for any other reason may be suspended or terminated.

The Unlimited attended Plan is, "a monthly (or yearly) Internet access plan that allows the user to actively accumulate as many hours of online time as they wish within a monthly period, without having to pay overtime after a certain number of hours."

Unlimited does NOT mean that you may leave your connection on for extended periods of time without actively using the account. EXAMPLE: Connecting before you go to work and leaving your system online when you are not there actively using it. The use of any program(s) to "keep alive" your connection or to automatically reconnect if the connection is dropped is prohibited. The reason for this limitation is simple: The modems you are connecting to are shared with other Nevada County Web Surfer, Inc. users. If you stay connected and are not actively using the Internet, you are keeping other users from having access to the modem you are tying up. We are sure you would not want other users keeping you from accessing the modems, so please give them the same courtesy. Nevada County Web Surfer, Inc. reserves the right to suspend or terminate any account abusing this policy. Absolutely no refunds will be given to any account suspended or terminated for abuse to the Unlimited attended Plan.

If you would prefer to have your own modem and not share it with other users, this service is called a DEDICATED LINE CONNECTION. For information on a dedicated connection, please contact your Nevada County Web Surfer, Inc. representative.

LOCAL ACCESS. Local access dialup numbers may not be available in all areas. It is your sole responsibility to determine if use of a particular Nevada County Web Surfer, Inc. dialup number will cause you to incur long-distance, toll or other charges. Nevada County Web Surfer, Inc. is not responsible for any long-distance or toll charges incurred by you through the use of this service. You are solely responsible for all telecommunications charges including local and long-distance telephone charges for connection to the service by you and those who access the service through your account.

PAYMENT OBLIGATIONS. Payment is due within 10 days of the 1st of each month. If payment is not received within 24 days of the due date, the account is in default and subject to suspension with a $5 reactivation charge. Such interruption does not relieve you from paying past due and ongoing charges. By e-mail, US Mail, or fax, ONLY A WRITTEN REQUEST TO TERMINATE YOUR SERVICE RELIEVES YOU OF YOUR OBLIGATION TO PAY FURTHER ACCOUNT CHARGES. IT DOES NOT RELIEVE YOU OF PAST OBLIGATIONS AND CHARGES. If you default, you agree to pay Nevada County Web Surfer, Inc.'s reasonable expenses, including attorney and collection fees, to enforce its rights under these Terms and Conditions. Prepaid accounts are not refundable for any reason, including termination and/or cancellation.