AngelFireAZ Internet Agreement

Definitions:

• "AngelFireAZ": AngelFireAZ.net is a part of AngelFire Productions, Inc. Of Prescott, AZ.
• "User": The person making and signing this contract.
• "Account(s)": The main Internet access account for a single User, and any additional Internet accounts and/or e-mail accounts contracted for and billed to User.

This "Agreement" is based on the following premises and objectives:

AngelFireAZ is an Internet Service Provider (ISP), in the business of providing Internet access via dial-up or dedicated line connections. User is either a private individual or business seeking services solely for personal use or internal business use under specified conditions as delineated in the Agreement.

The parties mutually agree as follows:

1. User certifies that they are at least 18 years of age, or are legally emancipated.
   
   
2. The benefits of and rights conferred by this Agreement are non transferable. Use of AngelFireAZ Accounts is expressly limited to User wherein User is:
   1. A private individual and the immediate members of their household.
   2. A business entity, to include their employees in such numbers and under such conditions as may be specified herein.
   
   
   
3. User is strictly liable for using their Account(s) in a manner consistent with any and all applicable Federal or State laws. This shall include but not be limited to refraining from: "hacking" any unauthorized computers, systems or accounts; Publishing via User's Account(s) material that infringes any persons Copyright or Trade Identity, or contains nudity, obscenity, hate, white supremacist or libelous information. AngelFireAZ shall in good faith be the sole arbiter of material content in these regards.
   
   
4. User shall follow the Acceptable Use Policies of AngelFireAZ contained herein and published in AngelFireAZ's Website and its associated pages, the contents of which are incorporated herein by reference. User shall also follow the Acceptable Use Policies of any other network User connects to via AngelFireAZ. User is strictly liable for knowledge of AngelFireAZ or other networks published policies. Use of this service for advertising or promotion of a commercial product or service without the express written consent of AngelFireAZ is prohibited.
   
   


5. Use of mass distribution lists in e-mail or other mass electronic mailings (SPAMMING) is prohibited without written approval by AngelFireAZ. This shall not apply to e-mail sent to such addresses as to include family members, close friends, etc. The standard herein is reasonableness in size & numbers. AngelFireAZ shall in good faith be the sole arbiter of what constitutes reasonableness.
   
   


6. User shall maintain the confidentiality of User's password(s) and Account(s) information. AngelFireAZ will suspend or change access to User's Account(s) immediately upon notification by User that his/her password has been lost, stolen or otherwise compromised.
   
   
7. User is responsible for their own telephone charges incurred in connecting to AngelFireAZ.
   
   
8. User shall pay AngelFireAZ all charges relating to the use of User's Account(s) according to rates and prices in effect at the time of signing this Agreement, or renewal of this Agreement. AngelFireAZ reserves the right to change prices with 30 days notice to User by any of the following:
   1. Online publishing on the AngelFireAZ Website.
   2. Written notification
   3. E-mail to the User
   
   Accounts renewing on a month to month basis shall however pay the prevailing rates each month. Renewal shall occur and liability shall attach at the time the service is used. AngelFireAZ may charge Credit Card Users the amount due at any time thereafter. Non-Credit Card Users shall be aware of and make payments as routinely required or as billed.
   
   Delinquent Accounts or those in which User's Credit Card has refused a charge may have their Account(s) suspended without notice. AngelFireAZ reserves the right to terminate access to service for any User Account which has unpaid charges for 20 days.
   
   
9. In the event of cancellation of User's Account(s), the setup fee and fees for time used are non-refundable. Furthermore, fees paid for six month and twelve month dialup accounts are not refundable.
   
   
10. The AngelFireAZ service is provided on an "as is, as available" basis. No warranties, expressed or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to AngelFireAZ or any information or software therein. This no warranty expressly includes any reimbursement for losses of income due to disruption of service by AngelFireAZ or its providers. Further, neither AngelFireAZ nor its Information Providers are responsible for any damages arising from User's use of AngelFireAZ's services or by User's inability to use AngelFireAZ dial-up, DSL, satellite, web hosting, or dedicated line service.
    
    
11. AngelFireAZ is not responsible for disputes involving INTERNIC or Domain Names. User agrees that AngelFireAZ shall not be named as a party to any dispute between User and a domain name registrar, and that User shall be liable to AngelFireAZ for any charges incurred by AngelFireAZ due to a dispute between User and a domain registrar. AngelFireAZ maintains control and any ownership of all IP addresses and reserves at its sole discretion the right to change or remove any and all IP addresses.
    
    
12. AngelFireAZ reserves the right to change without notice the AngelFireAZ services, including but not limited to access procedures, hours of operation, menu structures, commands, documentation, vendors, and services offered.
    
    
13. AngelFireAZ is not responsible for User's personal files residing on AngelFireAZ servers. User is responsible for independent backup of his/her data stored on AngelFireAZ. AngelFireAZ further reserves the right, at its sole discretion, to delete User's personal files after one or both parties terminates this Agreement.
    
    
14. AngelFireAZ reserves the right at its sole discretion to delete any information entered into AngelFireAZ by User. AngelFireAZ and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information to remove what AngelFireAZ deems offensive material or uphold its policies.
    
    
15. Due to the public nature of the Internet, all e-mail is considered publicly accessible and important information should be treated carefully. AngelFireAZ is not liable for protection or privacy of electronic mail and/or information transferred through the Internet or User's Account.
    
    
16. AngelFireAZ reserves the right to charge an additional fee for incoming and/or outgoing electronic mail if the volume for a single User exceeds ten (10) megabytes or five hundred (500) messages per month.
    
    
17. AngelFireAZ, at its sole business judgment, may terminate this membership Agreement immediately or suspend User's access to the service upon any breach of this membership Agreement by User, including but not limited to refusal or failure to pay for services provided, or by sole judgment of AngelFireAZ that User may be performing activities harmful to AngelFireAZ or its Users, employees, vendors, business relationships, or any other users of the Internet. User may reapply for membership, although AngelFireAZ reserves the right at its sole discretion to accept or deny such application.
    
    
18. This Agreement shall be governed by the laws of the State of Arizona. Any legal dispute shall be submitted to Binding Arbitration within the Confines of the Prescott Metropolitan area, Yavapai County Arizona, under the rules of the American Arbitration Association. Any disputes must be filed within one year of the occurrence or AngelFireAZ and User both agree that the action shall not lie.
    
    
19. In the event that it is necessary to refer any dispute to an attorney, arbitration or resolve a matter in a court of law, the prevailing party will be entitled to an award of attorneys' fees and all costs associated with any legal action, whether or not a suit shall actually be filed.
    
    
20. User is strictly liable for any and all charges that may be incurred by AngelFireAZ due to User's violation of this Agreement.
    
    
21. AngelFireAZ may modify the terms and conditions of this Agreement or its policies at any time upon notice published Online. Utilization of AngelFireAZ services after such publication shall constitute User's acceptance of the modifications to this Agreement.
    
    
22. Non-enforcement of any section of this Agreement does not constitute consent to breach of contract. AngelFireAZ reserves the right to enforce this Agreement at its sole discretion.
    
    
23. If any one or more provisions in this Agreement is found to be unenforceable or invalid, User's and AngelFireAZ's Agreement on all other provisions shall remain valid.
    
    
24. User will also not provide any Internet services, including but not limited to web servers, ftp servers, and hotline servers from a dial-up or DSL account without permission from AngelFireAZ.
    
    
25. Use of the AngelFireAZ service constitutes agreement and acceptance of these rules.

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Web Page Policy

AngelFireAZ will not host pornographic web sites or web sites that contain nudity on any shared system. (Other than sites that use it in an "artistic" way - at our discretion). All web sites that host poronographic, hate or racist material must comply with all Arizona laws and must be on dedicated (non shared) bandwidth. AngelfireAZ will be the sole judge of what finally is on our servers.

AngelFireAZ is not responsible for a user's web site content in any way, form, fashion or manner.

Violation of any copyright, patent, or any other United States or Arizona law will result in termination of services.
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AngelFireAZ Junk E-mail Policy

For a long time, we have had to contend with junk mail in our mailboxes at home and work. Most of us identify it by the bulk mail postage identifier, and promptly throw it in the trash. There are some people who even like it. At AngelFireAZ we laughed when we read about a person in Alaska who tried to get on every junk mail list possible, so he could burn it and heat his house.

We now have to contend with the same junk mail advertiser mindset in our e-mail accounts. This variety of unsolicited mail can be the most frustrating and annoying. Not only does it take time to download the unwanted materials, but it consumes space on our hard drives and, costs us money to receive. Think of it like this: Wouldn't it be annoying if you had to pay for the mail you receive from the Post Office? Here's an example, you walk into the Post Office, pay 32 cents each for 9 letters, open them, and find only advertisements. That's much the way e-mail works on the Internet. The person who receives the e-mail pays, not the sender.

Junk e-mail is fast becoming the scourge of the internet user. If we want to know about a service or product, we can go look for it on the net. Its not like search engines don't exist! Many inconsiderate advertisers plague our mail boxes with pleas for our money. Some of the folks at AngelFireAZ get several hundred advertisements each week!

Many AngelFireAZ clients have expressed their wishes for us to make this stop. We can't convince everyone on the internet to "Play by the Rules," but can block junk e-mail from certain known sites. It is AngelFireAZ's policy that if we get complaints from more than three clients, or if we detect a mass-mailing from anywhere on the Internet, the site or person sending it will no longer be able to send mail to and/or through AngelFireAZ.

It even gets worse. There is software out now that forges return addresses and uses a random mail server on the Internet to junk e-mail people. This puts a heavy tax in the "victim" server, and can be considered theft of service. AngelFireAZ was attacked by one of these programs recently. It took a whole day to clean up the mess. Because of this, the mail server at AngelFireAZ will now only relay mail coming from approved domains. Most clients shouldn't notice any difference, it will still send and receive e-mail from anywhere on the net. If you are traveling, please find a local "SMTP" server and enter that into your e-mail software. If you do, you can still use your AngelFireAZ internet account to send and receive e-mail from where ever you may be.

AngelFireAZ neither supports, approves of, nor tolerates any form of unsolicited e-mail. If we have cause to believe that a AngelFireAZ Internet user sent junk mail, we will take appropriate actions. If we discover incoming junk mail, we will block the offending person or site's e-mail address. If any of the domains we administer are used by junk e mailers as a forged address, we will take appropriate legal action, if necessary, to recover our expenses in handling the problem.
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