This contract is between Psyberware and the undersigned CUSTOMER. CUSTOMER agrees to pay the current rate for their Internet Access account to Psyberware, and abide by the following terms, and Psyberware agrees to provide dial-up Internet access as specified. Use of Psyberware's network or services constitutes acceptance of the terms of this agreement. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

Terms and Conditions

CUSTOMER agrees that it is their responsibility to ensure the access number they use to connect to Psyberware is a local phone call. Psyberware is not responsible for any toll calls CUSTOMER makes. Psyberware exercises no control whatsoever over the content of information passing through our network. Psyberware makes no warranties of any kind, whether expressed or implied, as to the availability, accuracy, or content of the information, products, or services it is providing. Any liability of Psyberware, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, or communications line failure shall be strictly limited to the amount paid by or on behalf of CUSTOMER to Psyberware for the current month. Psyberware's network may only be used for lawful purposes. Transmission of any material in violation of any federal or state regulation is prohibited. This includes, but is not limited to; copyrighted material or material legally judged to be threatening or obscene. CUSTOMER agrees to indemnify and hold harmless Psyberware from any claims resulting from use of the service, which damages CUSTOMER or another party. CUSTOMER agrees that this service is governed by the Laws of the State of California. CUSTOMER agrees that the City of Lincoln California and the County of Placer California shall be the forum for any legal action relating to Psyberware's service. These terms and general information are not all-inclusive, and are subject to change at the sole discretion of Psyberware. Updates to this agreement will be posted at www.psyber.com/policy, and CUSTOMER is responsible for checking the web page for any modifications. Continued use of Psyberware's network after notification of modifications constitutes acceptance of this agreement, as so modified. CUSTOMER may at any time request the current version of this Service Agreement by sending a request via U.S. Mail to Psyberware's offices, currently located at 533 G St Ste 1B, Lincoln, California 95648. CUSTOMER may not amend or change this agreement unless Psyberware agrees to such amendment(s) or change(s) in writing.

Psyberware Account Usage

If CUSTOMER is an individual, this account entitles the named user or appointed immediate family member living at the same address to connect only on one modem at a time unless CUSTOMER is paying for more than one connection. If CUSTOMER is a business, this account entitles an owner or agent of the named business working at the same address to connect only on one modem at a time. A charge of $2 per hour may be charged for additional concurrent modem connections. Psyberware's accounts, with the exception of any account specifically labeled as a dedicated account, are not dedicated access accounts, and the customer may only be connected while they are actively using the connection. For security reasons, Psyberware may require the phone numbers of any modems which will be used by CUSTOMER and restrict use of the account to only those phone numbers.

Internet Email

Bulk mail to more than 50 users from CUSTOMER is not permitted. Unsolicited commercial mail from CUSTOMER is not allowed and will result in termination of CUSTOMER's account.

Psyberware Software

Psyberware may provide software to CUSTOMER upon activation of their account, or at other times during the duration of the provision of service to CUSTOMER. In all cases, software provided by Psyberware comes with no warranty as to its suitability, and Psyberware will not be held responsible for any interruption, omission, deletion, defect or delay caused by the use of provided software. Individual publishers of the software that Psyberware provides may include and provide their own warranties.

Web Space

Some Psyberware accounts either come with web space, or give CUSTOMER the option to add web space as a paid feature on their existing account at a later time. These accounts have strict restrictions as to the amount of data that may be stored on our servers depending on which account feature is on the existing account, and may reject attempts to add additional data if these limits have been reached. Psyberware offers no warranty as to the availability of these pages, including the ability to view them from an outside source and the ability to retrieve and modify these pages. Psyberware holds no responsibility for the information placed in these web pages, and is not responsible for any loss resulting from error, or omission on the part of the CUSTOMER or Psyberware. Psyberware is not responsible for the design or support of a CUSTOMERS website. The content of these pages are subject to review, and if deemed inappropriate the pages may be removed, and web space capabilities revoked for future use. Features that require a domain name are subject to a domain registration fee that will automatically be applied to the CUSTOMERS account upon signup, and at renewal of the domain. Adding the paid web space feature to your account will authorize Psyberware to register the desired domain for the fee requested by the domain registrar.

Unethical Use
Psyberware reserves the right to terminate any account immediately and without warning if the account in question is used in an attempt to gain unauthorized access, or in any way attempt to deny service to or from Psyberware, any computer connected to the Psyberware network, or the Internet in general. Illegal accesses such as these require a great deal of work to verify and fix; consequently CUSTOMER agrees to pay any related physical damages caused by unauthorized accesses or denial of service, as well as any administrative time (at $100/hour) required to fix or verify any of Psyberware's systems or machines.

Billing Policies

Psyberware offers CUSTOMER a 30-day money back guarantee on dial-up accounts, not including current promotions. If notification of cancellation is received by Psyberware within the first 30 days of CUSTOMER's first time use of the Psyberware network, then CUSTOMER will be refunded any and all money paid to Psyberware for Internet Access for that dial-up account. If CUSTOMER cancels their account within the first 5 days of the month, they will receive a full refund on any money paid during those five days, whether by check, cash or automated credit card debit and any account balances due for that month will be waived. Except for the case listed above, there will be no refunds for payments made other than within the first 30 days of service, and any past due balances will be payable immediately. Prepayments of multiple months are non-refundable. Psyberware reserves the right to terminate service for CUSTOMER at any time, provided that seven days notice is given to the customer, except as otherwise provided in this agreement. Psyberware is not required to give reason for termination. If Psyberware terminates CUSTOMER's account, CUSTOMER will only be held liable for any charges made up to and including the date of termination. If CUSTOMER has a positive balance, Psyberware will refund any money charged for usage beyond the date of termination, not including those for multiple month prepayments. Service is invoiced monthly in advance. CUSTOMER will receive their invoices to their primary account email address, unless they opt for U.S. Mail billing or Monthly Credit Card billing. CUSTOMER agrees to pay monthly service charges until their account is cancelled by signed notification. If payment is not received within 15 days, a late fee of $2 may be charged, and finance charges of 1.5% per month may begin to accrue after 30 days. Failure to dispute (in writing by fax or U.S. Mail) charges that CUSTOMER feels are incorrect within 15 days of invoicing constitutes acceptance of the validity and correctness of those charges. If CUSTOMER's payment is returned for insufficient funds, CUSTOMER's account is eligible for immediate interruption of service, and subject to a $20 returned check charge. CUSTOMER agrees to pay all fees involved with collecting on their account, including any and all collection or attorney fees. Accounts unpaid after 30 days of the invoice date may have their service interrupted. Such interruption does not relieve CUSTOMER from the obligation to pay the amount due in full. Psyberware reserves the right to change pricing or features of their accounts with no less than 30 days notification to the CUSTOMER via electronic mail.