ElectroCities Web Services Terms of Services Agreement

This agreement supersedes and replaces all previous agreements and is subject to change without notice.

These terms and conditions constitute a binding contract between you and ElectroCities Web Services. They explain ElectroCities Web Services obligations to you, and explain your obligations to ElectroCities Web Services when you use ElectroCities Web Services access services. By using any of these Internet access services, you agree that your use of the access services and your access to the Internet is provided in consideration of your agreement to abide by these following terms and conditions. They should be reviewed now and prior to each session for changes are made to them from time to time.

I. Terms of Agreement.

  1. To make your use of the access service as enjoyable as possible, in addition to the terms and conditions of this agreement, ElectroCities Web Services requires its subscribers to abide by the rules of conduct described in ElectroCities Web Services Online Policies. You agree to abide by ElectroCities Web Services Online Policies and agree that those policies are incorporated into this Agreement by reference. Take the time to familiarize yourself with those policies and any changes that may be made to them from time to time.
  2. Information concerning services, rates, and surcharges for using the access services, may be found at ElectroCities Web Services web site at http://www.electrocities.com or may be obtained by calling ElectroCities Web Services at 1-800-459-4889. It is your obligation to review the information on this web site on a regular basis as your are responsible for knowing its content.
  3. You agree that ElectroCities Web Services may: (1) revise the terms and conditions of this Agreement; (2) revise its billing rates and account surcharges, and; (3) revise the services provided under this Agreement at any time. Any such revisions will be binding and effective immediately on posting the revised Agreement on ElectroCities Web Services home page, or on notification to you by e-mail.
  4. You agree to review this Agreement and the Online Policies periodically to be aware of any revisions.
  5. You agree that, by continuing to use the Access Services following notice of any revision to the Agreement or the posting of the revised Agreement on the ElectroCities Web Services web site at http://www.electrocities.com, you accept any such revisions and agree to abide by any such revisions.
  6. ElectroCities Web Services, reserves the right to distribute informative emails to our subscribers on an ad hoc basis that it feels is pertinent to the quality of our service. These announcements are predominately informative in nature and often provide our subscribers with notification describing changes, upgrades, and other critical information pertaining to this evolving medium.
  7. All content that has not been accessed or modified that is more than 365 days old will automatically be deleted from the server. Likewise, pictures uploaded into the eBay FTP server will automatically be deleted after 30 days.
  8. No ElectroCities client may post on their web site any illegal software, or links to such software, including MP3 files or ZIP files containing such software.  Our servers are routinely searched for such content and when found, is deleting automatically, and without notification.  Clients who abuse this rule could have their accounts revoked and reported to the proper authorities.
  9. The ElectroCities services and products are offered "as-is" with no guarantees, either written or implied.  All clients are ultimately responsible for backing up their own data and web content. Content that is lost, including unread email, that cannot be restored by our backup tapes, is accepted to be lost, without liability to ElectroCities.
  10. A with all internet service providers, ElectroCities does not create or maintain its connection to the internet backbone.  As is true with all internet service providers, our internet feed is supplied to us by a national carrier over cable maintained by the local phone company.  Services outages as a result of our service provider, or data carrier, are out of our scope of control, and thus we are not liable for any losses as a result. 
  11. The hardware used by ElectroCities is routinely upgraded and maintained to insure that our hardware and software technology meet or exceed the specifications of our products, services, and web hosting packages. Despite expert service, hardware failure, should it happen, is unavoidable and can cause limited outages in our services while these items are repaired, services, or upgraded.  All clients will receive via email, notices of scheduled outages, as a result of routine maintenance or scheduled upgrades, at least 3 working days prior to the event.  Service outages as a result of hardware failure are often temporary, as we do employ many redundancies and backups of all critical systems.  However, should an outage occur from a hardware failure that is local to our network, and not a result of an external entity, ElectroCities is not responsible or liable or any loss as a result of any down time.

II. Registration Information.

  1. You agree to provide ElectroCities Web Services with accurate, complete, and updated registration information. If you do not provide ElectroCities Web Services with accurate registration information, you are not authorized to use the access services and your account may be terminated immediately.
  2. YOU AGREE THAT BY USING THE ACCESS SERVICES YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

III. Access Services.

  1. ElectroCities Web Services Access Services will provide you with: (1) unlimited interactive connectivity to the Internet through ElectroCities Web Services Internet Access Service (2) free customer technical phone support; (3) free personal web site; (4) 10MB's of combined web and email space; and (5) data transfer allowance of up to 250MB's per month at no extra charge (500MB's for commercial accounts; 1,000MB's for virtual web ).
  2. The Internet is not owned, operated, or managed by, or in any way affiliated with ElectroCities Web Services or any of ElectroCities Web Services affiliates. The Internet is an international computer network of both Federal and non-Federal inter-operable packet switched data networks. ElectroCities Web Services cannot and will not guarantee that the Access Services will provide Internet access that is sufficient to meet your needs. You agree that your use of the Access Services and the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.
  3. You agree that ElectroCities Web Services retains the right, but not the obligation, to restrict or terminate your access services at any time, if ElectroCities Web Services, in its sole discretion, determines that you are in violation of this Agreement. You agree that, if ElectroCities Web Services determines that you are in violation of this Agreement, any restriction or termination of your access services will be effective immediately, without prior notice. You agree that ElectroCities Web Services will have no liability to you for any restriction or termination of your access services pursuant to such violation.
  4. You agree that if ElectroCities Web Services terminates your access account as a result of your violation of ElectroCities Web Services Online Policies, you forfeit any right to a refund of any prepaid account charges, such forfeiture being agreed to you by you and ElectroCities Web Services as liquidated damages and not as a penalty. You further agree that if you violate ElectroCities Web Services Online Policies, ElectroCities Web Services may refuse to accept any application for renewal or re-subscription following cancellation."

IV. Content of Communications.

  1. The Access Services provide you access to information, communications, software, photos, video, graphics, music, sounds and other material and services located both on ElectroCities Web Services computer servers and on the Internet ("Content"). You agree that you must evaluate and bear the risks associated with the subject matter, accuracy, completeness or usefulness of any Content available to you on or through the Access Services.
  2. You agree that ElectroCities Web Services has the right, but not the obligation, to remove Content from ElectroCities Web Services computer servers which ElectroCities Web Services, in its sole discretion, determines to be in violation of this Agreement or ElectroCities Web Services Online Policies.
  3. As a matter of policy, ElectroCities Web Services does not pre-screen Content placed on ElectroCities Web Services computer servers by any of its subscribers. ElectroCities Web Services does not have the practical ability to monitor, review, or restrict, prior to its transmission, Content on ElectroCities Web Services servers which may violate this Agreement or ElectroCities Web Services Online Policies. In addition, ElectroCities Web Services cannot ensure the prompt editing or removal of any Content which may violate this Agreement or ElectroCities Web Services Online Policies after such Content has been posted on ElectroCities Web Services servers.
  4. The Internet provides access to individuals who are not ElectroCities Web Services subscribers. ElectroCities Web Services does not have the capability to monitor, review, or restrict any Content made available by third parties on the Internet, nor to edit or remove any such Content after its posting on the Internet. 5. Please be advised that, despite ElectroCities Web Services efforts, you may receive Content which you consider to be inaccurate, defamatory, or otherwise offensive. You agree that ElectroCities Web Services will not be liable for any action or inaction with respect to any Content posted on or through the Access Services and the Internet.
  5. All email messages sent and received by our email servers are logged and these logs are routinely scanned for violations of our TOS and AUP.  These logs may or may not be kept for an unspecified period at our discretion.  As a member of FBI InfraGard all illegal activities conducted via email, that we find when scanning our email logs will be reported to the appropriate authorities.

V. Copyright and Other Rights.

  1. The Access Services provide access to Content that is protected by copyrights, trademarks, intellectual property rights, and other proprietary rights ("Rights") of independent third parties who make such Content available on or through the Access Services. If you post copy written material, it is your responsibility to clearly indicate that this content has been copy written.  Copy written images should be watermarked or branded with said copyright.
  2. You agree that your use of Content shall be governed by and be in accordance with all applicable laws and regulations, and by the specific restrictions placed on such Content by the owners or licensors of the Rights in such Content.
  3. You agree not to post or transmit Content that is subject to another party's Rights, on or through the Access Services, without that party's express permission. Such posting or transmitting: (1) will result in termination of this Agreement, and; (2) may result in civil or criminal liability.
  4. You agree to upload to software files, message boards, or otherwise post or transmit on or through the Access Services, only such Content that is not subject to any Rights, unless you have received express authorization to distribute such Content on or through the Access Services by the holder of such Rights.
  5. You agree that by posting or transmitting Content to any public area (such as public chat rooms, message boards, newsgroups, web space or software libraries) you are requesting ElectroCities Web Services to make that material available to other Internet users and that such access will result in copies of your Content being transmitted to others. In order to permit ElectroCities Web Services to publish your Content, you automatically grant, or represent that the owner of any such Content has expressly authorized you to grant, ElectroCities Web Services a royalty-free, perpetual, irrevocable, non-exclusive right and license to reproduce, publish, distribute, perform and display such Content (in whole or in part) worldwide to service your request.
  6. You agree that all material, artwork, content, and other code created or generated by ElectroCities is the sole intellectual  property of ElectroCities in perpetuity and may never be transferred or copied to another host without express written permission.   ElectroCities also claims sole legal copyright over said content. Should you decide to move your web site to a new host, all content bearing our copyright and/or all content that is the intellectual property of ElectroCities may not be downloaded or moved to the new host without express written permission.  Failure to abide by this regulation will result in federal prosecution.

VI. Security.

  1. ElectroCities is a private sector consult for the FBI InfraGard system.  Attacks against our network are thwarted by our firewalls and reported to the FBI and the electronic news services.
  2. Occasionally ElectroCities conducts security audits of our Front Page web clients.  If an error or anomaly is found with a particular web, it's security settings will be reset, or, in some cases, the extensions on that web will be removed, and then reinstalled to correct the problem.  In this event, the user names assigned to the web are automatically eradicated.  It is the responsibility of the end user to inform us if they are not able to access their site and to indicate to us what user names are to be associated with that site.
  3. All account sensitive information will only be disclosed to the contact information provided in the original application for services.  At no time will any information about any client ever be released to any other party, for any reason, unless obligated by a court of law.
  4. Credit card numbers and other private information given to us in our application for services is NOT stored anywhere on our network.  This information is stored off site in computers that are not connected to the internet and are only accessible by authorized personnel. Credit card information provided to IBILL (our authorized online processor) is 128 bit data encrypted and cannot be accessed by anyone, including ElectroCities and IBILL, once the data has been stored.

VII. Freeware/Shareware.

  1. Your use of the Access Service gives you limited rights to use the software through which you access ElectroCities Web Services Internet Access Services and the Internet (the "Access Service Software"). Your right to use the software is governed by the rights and restrictions placed on same by the program owner. It is your responsibility to abide by those restrictions and to keep yourself updated on same through the web sites and other sources of information provided by the software owner or licensor.
  2. You agree that your use of the Access Service provides you access to proprietary features of ElectroCities Web Services Internet Access Service and of software provided by ElectroCities Web Services licensors.
  3. ElectroCities Web Services and its software licensors have Rights in the Access Services, including but not limited to: software, software documentation, the "look and feel" of the Access Service, Access Service names, subscriber interfaces, and other features.
  4. You agree not to copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble any aspect of the Access Services that is owned by ElectroCities Web Services or its licensors.

VIII. NO WARRANTY.

  1. You agree that your use of the Access Services, the Access Services Software, and the Internet is solely at your own risk. You agree that the Access Services and the Access Services Software is provided on an "as is," "as available" basis without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion.
  2. ElectroCities Web Services disclaims any and all loss or liability resulting from, but not limited to: (1) loss of data; (2) loss of software or hardware; (3) loss or liability resulting from access delays or access interruptions; (4) loss or liability resulting from computer viruses; (5) loss or liability resulting from data non-delivery or data mis-delivery; (6) any other loss or liability resulting from the negligent acts and/or omissions of ElectroCities Web Services or ElectroCities Web Services subscribers; (7) loss and liability resulting from any errors, omissions, or misstatements in any and all information, goods, or services obtained on or through the Access Service; (8) loss or liability resulting from partial or total loss of Access Services; (9) loss or liability of any kind or nature whatsoever in anyway related to telephone company of line charges; (10) personal injury, personal or business losses or interruptions, emotional injury, and/or consequential damages; and, (11) loss or liability resulting from acts of God.
  3. You agree that ElectroCities Web Services entire liability, and your exclusive remedy, with respect to your use of the Access Services, your use of the Access Services Software, and any breach of this Agreement is solely limited to the amount you paid to ElectroCities Web Services to use the specific part of the Access Services giving rise to said liability. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, ElectroCities Web Services liability is limited to the extent permitted by law.

IX. Indemnification.

  1. You agree to defend, release, indemnify, and hold ElectroCities Web Services, its affiliated companies and licensors, harmless from all liabilities, claims and expenses, including without limitation reasonable attorneys fees, arising from breach of the Agreement by use of, or in connection with the posting or transmission of any content by or through your account on the Access Services.
  2. You agree that ElectroCities Web Services has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you pursuant to Paragraph 1 of this section. In such event, you shall have no further obligations pursuant to Paragraph 1 of this section.

X. Termination.

  1. You agree that ElectroCities Web Services may terminate this Agreement for any reason at any time.
  2. You agree that your only right with respect to any dissatisfaction with any: (I) Agreement term, policy, or practice of ElectroCities Web Services in operating the Access Services; (II) Content available on or through the Access Services or change therein; or (III) amount or type of fees or billing methods, or change therein, is to terminate this Agreement in accordance with its terms.
  3. You agree that ElectroCities Web Services has the right, but not the obligation, to delete all program, data, or other files on ElectroCities Web Services computer servers that are associated with your account at the time of termination.
  4. Only the person whose name is on the account will be able to (A) Change User ID and/or Password (B) Cancel an existing account.
  5. The credit card holder can request that an account be canceled by logging into their PayPal account and manually canceling their subscription. This is the ONLY way to stop the automatic billing to your credit card.   Your PayPal billing is your responsibility.  We are not PayPal, nor can we access your PayPal account.  Your monthly billing is an arrangement between you and PayPal, not with ElectroCities.com.  PayPal is the company billing your card each month, not ElectroCities.  If you do not cancel your subscription, you will continue to incur continued monthly charges, which are not our responsibility, and are non refundable.  Simply emailing our support staff requesting cancellation is insufficient, as email messages can easily be forged.  For your protection, this is the only authorized means of doing so.  Switching to another ISP, changing your name servers, or allowing your domain name to expire WILL NOT stop the billing to your account as we have no way of knowing these things have occurred.
  6. NO REFUNDS will be issued while your your site remains listed in our DNS database and/or your WHOIS information lists us as any one of your name servers.  If you have us listed as a name server then legally you are still using our services, even if there is no activity on your account or it is closed. It is your responsibility as an end user to follow these outlined procedures.  We are not responsible for your lack of following instructions, and our credit card processor will not issue refunds if you do not follow these instructions.
  7. You understand and agree that some restrictions may apply to your selection of user id and password.
  8. The following are non-refundable: Web and Publishing/Development Fees, Domain registration fees, Static IP charges, set-up fees, web hosting fees, equipment fees, shipping and handling fees, and telephone company or line charges.
     

XI. Outstanding Balances

  1. All balances are due upon receipt.  Unpaid bills will be charged to the primary credit card on file after 30 days. 
     
  2. If a bill is not sent in a timely manner a grace period, or temporary net terms will be extended to the customer to provide them ample time for payment.
     
  3. If money is owed to ElectroCities for non web site related work, ie: computer services, and the bill is disputed or unpaid after 30 days, ElectroCities has the right to terminate web and email services until such time as the bill is paid in full.
     
  4. If there is an outstanding balance on an account and the customer tries to move their site to another company and not pay us, we reserve the right to intervene in the domain name transfer until said balance is paid in full.
     
  5. No domain templates or host accounts will be approved or authorized while there is a balance remaining on the accounts.  Any email we receive from any registrar will be marked "declined" and returned as such.
     
  6. Bounced check or credit card fee - $32.00
     
  7. If you request a chargeback on your card for any paid fee or service, in addition to the bounced check fee there will be an additional minimum fee of $50.00 for penalties and interest, as well as any other fee incurred by us to reclaim the chargeback.
     

XII. Law.

  1. You agree that this Agreement and ElectroCities Web Services Online Policies comprise the entire understanding between ElectroCities Web Services and you, and supersede any prior agreements between you and ElectroCities Web Services with respect to the subject matter of this Agreement.
  2. You agree that, if any portion of this Agreement or ElectroCities Web Services Online Policies is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining portions will remain in full force and effect. The Agreement will be governed by the laws of the Commonwealth of Pennsylvania, excluding its conflicts of law rules. You and ElectroCities Web Services each submit to the exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts of the State of Delaware.

XIII. Special Circumstances Regarding On-Site Computer Repair Services

  1. The Golden Rule - We did not write it, we did not make it, and we did not break it.
    We do not "fix" problems, we only "repair" them as instructed by the manufacturer.
    If you hate your computer - tell Microsoft - NOT US.

     

  2. All residential customers are on credit card terms only.  No other form of payment is accepted on residential services.  Cash, Check, Money Orders, or COD's will not be accepted. 
     

  3. All recurring and future work will automatically be billed to the credit card number on file.
     

  4. All invoices are due in full upon completion of services.
     

  5. All Labor times are per man hour unless otherwise specified.
     

  6. Labor time is determined by the "real time" used to complete repairs, install software, or download updates.  Delays in downloading (but not limited to) software updates, and/or drivers due to (but not limited to) network congestion or connection speeds will significantly increase the amount of labor hours required to complete work.
     

  7. All costs related to parts or tangible items must be paid in full, up front and are non-refundable.
     

  8. All labor charges are non-refundable and all work is performed as-is and with no implied warranty.
     

  9. All tangible items must be returned unopened in the original package, and are subject to a restocking fee. 
     

  10. In the event of a return, credit will only be applied to the purchase of another product. 
     

  11. All hardware items are subject to the warranty terms of the individual manufacturer.
     

  12. All software applications and operating systems are the sole responsibility of the companies that produce them. Performance issues and compatibility issues are the sole responsibility of the software vendor.
     

  13. In the event a part is defective, a replacement part will be issued to the customer as per the warranty terms of the manufacturer of said part.

     


ElectroCities Web Services Online Policies

ElectroCities Web Services dedication to customer service means that ElectroCities Web Services strives to maintain Internet Access Services ("Access Services") that provide ElectroCities Web Services customers with an enjoyable Internet experience, an experience that is free from interference by persons who use the Access Services in an improper or unlawful manner.

ElectroCities Web Services Online Policies address frequently asked questions regarding proper online conduct. These policies include information on: ElectroCities Web Services Account Charges; the Content of the Online Material that you may find on or through the Access Services; purchasing Online Goods and Services through the Access Services; and how to report complaints regarding a person's or others online conduct by using ElectroCities Web Services Complaint Response Procedures.

ElectroCities Web Services Online Policies, including the following list of Prohibited Activities, are part of your subscriber agreement. If you restrict or inhibit any other subscribers' use or enjoyment of the Access Services by engaging in any of the activities prohibited below, ElectroCities Web Services may suspend or terminate your account.

Your use of ElectroCities Web Services Access Services must be governed by all applicable laws and regulations, including all applicable local, state, national, and international laws and regulations. In addition to other applicable laws, this includes all laws relating to copyright, trademark, obscenity, gambling, defamation, the right of privacy, false advertising, fraud, as well as sites that carry content that is grisly, depicts felonious acts, violence, or likewise potentially offensive material.

In addition to such laws and regulations, when using the Access Services you must use your best efforts to avoid interfering with any other person's use and enjoyment of the Access Services. You must also ensure that your use of the Access Services is governed by the rules of proper Internet conduct.

Please use your best judgment, be respectful of other subscribers, and take the time to review the activities listed below. These activities are not proper Internet conduct and are prohibited activities on ElectroCities Web Services Internet Access Services. Following these rules will ensure that everyone has an enjoyable Access Service experience.

1. INTERACTIVE USE

(a) Use of the Access Services by non-dedicated access Customers must be "interactive." For all purposes of these Online Policies and the Internet Access Agreement, the Customer agrees and understands that "interactive" means that, (1) the Customer must be physically present in front of the computer or terminal; and, (2) the Customer must, at least once every 20 minutes, enter a command by direct physical contact with the computer keyboard or mouse.

(b) If ElectroCities Web Services has reason to believe that a Customer is not using the Access Services on an "interactive" basis then, in that event, ElectroCities Web Services may, at its sole option, and without further notice, cancel Customer's access, or suspend Customer's access until such time as Customer proves to ElectroCities Web Services sole satisfaction that Customer's use of the Access Services was in fact "interactive" at all times. In addition to the above, if the connection to ElectroCities Web Services Access Services has no real time activity directly from the user for a period of 20 minutes, ElectroCities Web Services may disconnect services and end the session.

2. PROHIBITED/ABUSE ACTIVITIES.

For purposes of the Prohibited Activities, the term "information" means material of any type capable of being posted or transmitted on or through the Access Service, including material in print, graphic or pictorial form.

When using the Access Services:

(a) Defamation. You agree not to post or transmit any information in violation of any applicable law.

(b) Fraud. You agree not to post or transmit any fraudulent information on or through the Access Services. This mean any information that you know or have reason to know is false, and that you intend for others to rely on.

(c) False Advertising. You agree not to post or transmit on or through the Access Services any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.

(d) Unsolicited Advertising. You agree not to post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other Subscribers, individuals, or entities, except in those areas (e.g., a classified newsgroup) that are designated for such a purpose.

(e) Copyright Violations. You agree not to post or transmit on or through the Access Services any information that infringes another person's or entity's copyright in all or any part of the information.

(f) Trademark, Service Mark, and Trade Dress Violations. You agree not to post or transmit on or through the Access Services any information that infringes another person's rights in its trademark, trade dress, or service mark.

(g) Trade Secret Violations. You agree not to post or transmit on or through the Access Services any information that reveals trade secrets belonging to another person, business, service, or other entity.

(h) Obscenity. You agree not to post or transmit any obscene or sexually explicit images or other content on or through the Access Services without installing Adult Check age verification to restrict said material from minors or other person(s) that may be offended by this material. This policy also covers any advertising banner or button that may also contain such material.

(i) Harassment, Threats, and Abuse. You agree not to use the Access Services to harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or discomfort to any person or entity, by any means, including the use of vulgar, hateful, racially, ethnically, or otherwise objectionable information.

(j) False Pretenses. You agree to not use the Access Services to impersonate any person, including but not limited to, an ElectroCities Web Services official or an information provider, guide, or host, or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication, including, but not limited to, screen names, subscriber profiles, chat dialogue, and message posting.

(k) Chain Letters. You agree to not post or transmit chain letters, or letters or messages that offer a product or service based on the structure of a chain letter, on or through the Access Services.

(l) Inappropriate Content. You agree not to post or transmit on or through the Access Services information that is patently inappropriate material, e.g., information or topics not related to the topics focused on by the participants in a particular news group or mailing list.

(m) Scrolling. You agree not to cause the screen to "scroll" faster than other Subscribers or users are able to type to it, or any action to a similar disruptive effect on or through the Access Services.

(n) Disruptive Activities. You agree not to use the Access Services to disrupt the normal flow of online dialogue, or otherwise act in a manner that negatively affects other Subscribers, users, individuals, or entities.

(o) Violations of Service Providers' Rules. You agree to not use the Access Services to violate any operating rule, policy, or guideline of any other online service provider or interactive service.

(p) Multiple Access. You agree that this Agreement is not transferable. You agree not to simultaneously access the Access Services for more than one session at any time.

(q) Abuse of ElectroCities Web Services Procedures. You agree not to make false or unverified complaints against any ElectroCities Internet subscriber, or otherwise abuse any of ElectroCities Web Services Complaint Response Procedures.

(r) Systems Abuse. You agree not to abuse ElectroCities Web Services system by causing any harm to the system so that it inhibits other users ability to effectively use the system.

(s) SPAM. Post or cross post, regardless of content, of the same message to 20 or more newsgroups or individuals.

(t) Miscellaneous. In addition to the foregoing, the following acts and conduct are also prohibited:

(1) When using your UNIX shell account, the use of SLIP/PPP emulators such as TIA;

(2) Inappropriate use of IRC (Internet Relay Chat) is prohibited, on ElectroCities Web Services server or any other server. This includes, but is not limited to, "bots" and "bot-like scripts," "clone bots", multiple connections, channel takeovers, harassment, and flooding;

(3) All accounts, with the exception of UUCP, are for end user use only. No resale of TCP/IP connectivity (including SLIP and PPP) is permitted;

(4) Attempting to circumvent user authentication or security of any host, network, or account on ElectroCities Web Services network or the Internet at large ("cracking") is prohibited;

(5) Forging email or USENET posting header information is prohibited;

(6) Sending large numbers of unsolicited email messages ("junk mail") is prohibited;

(7) Posting inappropriate messages to USENET newsgroups is prohibited. Inappropriate messages include, but are not limited to: posting large numbers of unsolicited posts indiscriminately ("spamming"), posting off-topic message(s) (i.e. movie reviews in soc.culture.spain), and posting encoded binary files to USENET newsgroups not specifically named for that purpose;

(8) Attempting to cancel, supersede, or otherwise interfere with email or USENET posts other than one's own is prohibited;

(9) Using an account at another provider to promote, in an abusive manner, services offered on ElectroCities Web Services network or systems in prohibited; and,

(10) Using a ElectroCities Web Services account to collect replies to messages sent from another provided which violate these rules is prohibited.

3. CONTENT OF ONLINE MATERIAL.

ElectroCities Web Services Internet Access Services provide access to information, communications, software, photos, video, graphics, music, sounds, and other material and services located both on ElectroCities Web Services computer servers and on the Internet ("Content"). You should be aware that the Internet contains Content, goods and services that you may find improper, obscene, or otherwise offensive. Such Content may not be appropriate for you or for any minors who may be accessing the Internet through your account.

As a matter of policy, ElectroCities Web Services does not pre-screen Content placed on ElectroCities Web Services computer servers by any of its subscribers. ElectroCities Web Services does not have the practical ability to monitor, review, or restrict, prior to its transmission, Content on ElectroCities Web Services servers which may violate ElectroCities Web Services rules, nor can ElectroCities Web Services ensure prompt editing or removal of actually or potentially violating Content after such Content has been posted on ElectroCities Web Services servers. You may, therefore, receive offensive and unsolicited Content that ElectroCities Web Services cannot control.

Although ElectroCities Web Services retains the right to remove Content from ElectroCities Web Services computer servers that violates its subscriber agreement, the Access Services provide access to users who are not a part of ElectroCities Web Services. ElectroCities Web Services does not have the capability to monitor, review, or restrict any Content made available by third parties on the Internet, nor to edit or remove any such Content after its posting on the Internet.

Accordingly, ElectroCities Web Services cannot be responsible for any conduct, Content, goods, and services available on or through the Access Services. ElectroCities Web Services suggests that concerned parents consider using one of the commercially available programs capable of restricting access to sexually explicit material on the Internet. No parental control software, however, is perfect. Your use of such software is therefore solely at your own risk. ElectroCities Web Services makes no warranties or representations whatsoever as to the accuracy, completeness, or usefulness of any parental control software or service.

4. PRIVACY OF COMMUNICATIONS.

ElectroCities Web Services intends to respect its Subscribers' privacy and will not randomly monitor or disclose the contents of private e-mail or private chat room communications. However, you agree that ElectroCities Web Services has the right, but not the obligation, to monitor or disclose the contents of private communication, if ElectroCities Web Services, in its sole discretion, reasonably believes that such action is necessary: (1) to comply with applicable law or valid legal process; (2) to protect ElectroCities Web Services rights, systems or network, and/ or property; or (3) in emergencies when a person's physical safety may possibly be at issue.

5. ONLINE GOODS AND SERVICES.

ElectroCities Web Services does not control, provide, operate, or take responsibility for any Content, goods, or services available on or through the Access Services. You may receive blind opportunity advertisements, pyramid schemes, and other "get rich quick" schemes on or through the Access Services. These should be avoided or approached with ample skepticism.

All such Content, goods, and services are made available by independent third parties and are not part of ElectroCities Web Services or controlled by ElectroCities Web Services. Please remember that ElectroCities Web Services does not endorse, warrant, or guarantee the accuracy, completeness, usefulness, quality, or availability of any Content, goods, or services available on or through the Access Services, and your use thereof is solely at your own risk.

You should use your best judgment and exercise caution when purchasing a product through the Access Services. ElectroCities Web Services will not be a party to, or in any way be responsible for, monitoring any purchases or other transactions between you and any other persons providing Content, goods, or services on or through the Access Services. ElectroCities Web Services assumes no responsibility for any such transactions and will not mediate disputes relating to such transactions. ElectroCities Web Services disclaims any responsibility for any such transactions even where the Access Services feature or display a link with a particular World Wide Web site.

By using the Access Services you agree that neither ElectroCities Web Services nor its affiliates, officers, directors or employees shall be held responsible or liable, directly or indirectly, for any loss, liability of any nature, personal injury, consequential damages, emotional injury, or any other type or kind of damage caused, or alleged to have been caused by your use of, or reliance on, goods, or any Content, services available on or through the Access Services.

6. ACCOUNT CHARGES.

Your monthly account charges are payable in advance. If you terminate your account, ElectroCities Web Services has the right to retain and/or collect all fees owed to date even though same may be for services not rendered prior to termination. If your account is terminated by ElectroCities Web Services because of violations of ElectroCities Web Services Online Policies, you will not be entitled to a prorated refund, such forfeiture being agreed to you and ElectroCities Web Services as liquidated damages and not as a penalty.

You are responsible for all activities and charges associated with your account. If any unauthorized charges are made on or through your account, you are responsible for such charges until you notify ElectroCities Web Services of a breach of security by calling ElectroCities Web Services at 1-856-218-1789 and your password is changed. Please be advised that the Contact Person or Owner of the ElectroCities Internet Account is solely responsible for activities conducted through, on or with their ElectroCities Web Services Account. If you, or someone to whom you have given access to your account, violates the ElectroCities Web Services Access Agreement, your account will be canceled.

If you pay by credit card, you expressly authorize ElectroCities Web Services to charge the credit card account number associated with your Account for any Access Services charges that accrue from month to month. You reauthorize ElectroCities Web Services to charge your designated credit card account each time you use the Access Services. This authorization will remain valid until you terminate your authorization in writing. ElectroCities Web Services may immediately terminate your account, in ElectroCities Web Services sole discretion, for declined credit cards, returned checks, or any other non-payment of account charges with the understanding, however, that Customer remains fully liable to ElectroCities Web Services for all charges incurred by ElectroCities Web Services due to said declines, returned checks, etc.

A billing cycle will begin on the date you purchase the Access Services and will continue for one month from that date. A new billing cycle will begin on the anniversary date of the day of the month on which you purchased the Access Services. It may be necessary, however, for ElectroCities Web Services to change billing cycles from time to time. In said instances, account charges will be prorated in accordance with the new billing cycle.

If you pay other than by credit card, your account charges are due on your receipt of an invoice, and payment of your account charges must be received by ElectroCities Web Services prior to the first day of each billing cycle. Only accounts with monthly charges of $35.00 or more can be invoiced. Your account will be considered to be in default if payment of your account charges is not received within thirty (30) days after the date of your invoice. If your accounts is still unpaid forty-five (45) days after the date of your invoice, you may have your Access Service interrupted or terminated without further notice to you.

If any instrument received in payment is returned to ElectroCities Web Services unpaid, your account will be considered to be in default, and in addition to the amount due, you will be subject to a returned check charge of $25.00. If your account is cancelled or interrupted for non-payment, you must continue to pay your monthly account charges. Only your written request to terminate your account will relieve you of your obligation to pay your monthly account charges.

If your account is in default, you are subject to an interest charge of 1.5 percent per month, or the maximum allowable rate under state law. If you default on your account, you agree to pay ElectroCities Web Services its reasonable expenses, including attorneys' fees and collection agency fees, incurred in enforcing ElectroCities Web Services rights under ElectroCities Web Services Internet Access Agreement.

7. ELECTROCITIES WEB SERVICES COMPLAINT RESPONSE PROCEDURES.

ElectroCities Web Services dedication to customer service means that ElectroCities Web Services takes seriously and responds to all complaints about its subscribers' use of the Internet. This means complaints by both ElectroCities Web Services subscribers and complaints by other Internet users. ElectroCities Web Services believes that its customers should be able to enjoy full use of the Internet without interference by persons who use the Internet in an improper or unlawful manner.

ElectroCities Web Services will endeavor to respond to any complaint that involves online activities that are Prohibited Activities under the ElectroCities Web Services Online Policies.

ElectroCities Web Services will follow the Complaint Response Procedures described below to respond to complaints from subscribers and others about ElectroCities Web Services subscribers. Under these procedures, Internet users -- including ElectroCities Web Services subscribers -- are responsible for monitoring use of the Internet by others. ElectroCities Web Services may, at its sole option, issue warnings to its subscribers, suspend subscribers' accounts and even cancel accounts when it learns of improper activities.

How to Submit a Complaint:

1. Form of Complaint Complaints may be submitted in any form: by e-mail support@electrocities.com, fax to (925) 281-1789, or mail to ElectroCities PO Box 405, Pitman, NJ 08071.

2. What Information Should be Submitted

If you register a complaint with ElectroCities Web Services Customer Service department, you should submit the following information:

The online i.d. of the ElectroCities Web Services subscriber involved, and if possible, any other information about the subscriber, such as his or her name and address;

A detailed description of the activities involved; If possible, the specific category or categories of Prohibited Activity you believe is involved in the activities; The dates the activities took place, e.g., the date information was posted.