Michiana Free-Net ("MFN") is a not-for-profit organization that provides dial-up and wireless (WiFi) Internet access. This agreement sets forth the Standard Terms and Conditions that apply to subscriber use of MFN services. Subscriber henceforth agrees to compliance with all terms of service use.  Any use of MFN services constitutes acceptance of this agreement.

RELATIONSHIP

The relationship between the subscriber and MFN is that of subscriber and service provider only. In the event of a violation of any terms and/or conditions set forth in this agreement, MFN reserves the right to immediately terminate the services provided to the subscriber, with the subscriber being fully responsible for any and all attorney's fees incurred by MFN regarding this agreement at all trial and appellate court levels.

CONFIDENTIALITY

Under most circumstances, the MFN will treat information stored on computers as confidential (whether or not that information is protected by the computer operating system). Requests for disclosure of information will be honored only under one of the following conditions:

• · when approved by the appropriate MFN Director;

• · when authorized by the owners of the information; or

• · when required by local, state or federal law.

MFN retains the right to view electronic mail ("e-mail") or any other Subscriber's files if MFN believes it is necessary to protect MFN or any Subscriber or person from injury or damage. MFN will not monitor a Subscriber's files, activities, or e-mail unless MFN believes the Subscriber is misusing the Services or as required by law. MFN will not deliberately disclose e-mail to other Subscribers. If MFN believes certain e-mail is connected with illegal or unauthorized activities, MFN may disclose it to the appropriate authorities to protect our system, ourselves, and other callers.

Except when inappropriate, computer users will receive prior notice of such disclosures. (Viewing of information in the course of normal system maintenance does not constitute disclosure.)

Warning: Users of electronic mail systems should be aware that electronic mail in its present form cannot be secured and is, therefore, extremely vulnerable to unauthorized access and modification.

UNAUTHORIZED USE

Questions regarding acceptable use of MFN should be sent to director@michiana.org.

Unauthorized use of MFN services includes, but is not limited to, the following examples: illegal or criminal activities; sending or posting fraudulent or harassing electronic messages (including "spamming"-sending a message's content to an unreasonable number of mail addresses or message areas, as well as unsolicited mailing of commercial sales pitches); posting messages to public message areas which violate any restriction in that area's charter or policy; use, attempted use or possession in one's account of programs in order to interfere with MFN's system, defraud customers or gain unauthorized access to computers, networks, file areas or system privileges; taking unauthorized actions on IRC servers, such as cloning and running bots intended to take malicious action; running background processes of programs on your UNIX shell account while not logged in; placing unlawful pictures in MFN WWW directories; or placing files containing commercial software in file areas accessible by the public.

Subscriber shall not allow unauthorized connections to MFN, including but not limited to auto-dialer products; unauthorized reselling of MFN; or the solicitation of MFN users to become subscribers to other online service providers in competition with MFN, nor shall the subscriber make any unauthorized copies or duplications of any MFN material, advertising, forms, brochures, pamphlets and the like which is the property of MFN.

Any subscriber attempting to harm or cause damage to MFN equipment in any way will be billed at $250.00 per hour, with a minimum billable time period of one (1) hour, to track the offending subscriber and repair any damage they may have caused.

Simultaneous logins with a single user name and password are a violation of the MFN terms of service. Repeated violations may result in billing for multiple accounts.

Refunds for accounts closed due to a direct violation of the User Policy Agreement will only be granted at the sole discretion of MFN.

LEGAL AND ETHICAL USE OF SERVICES

Computing resources may only be used for legal and ethical purposes. Subscribers may not use the Service in relation to any of the following:

Harassment of other individuals; libeling or slandering other users; destruction of or damage to equipment, software, or data belonging to the MFN or other users; disruption or unauthorized monitoring of electronic communications; unauthorized copying of copyright-protected material; illegal drugs; gambling; pornography; prostitution; illegal activity; spreading computer viruses; and/or software infringement, or other crimes and unauthorized activities.

Computing resources should be used in accordance with the ethical standards of the MFN. Examples of unacceptable use (some of which may also have legal consequences) include, but are not limited to, the following:

Violation of computer system security; unauthorized use of computer accounts, access codes, or network identification numbers assigned to others; use of computer communications facilities in ways that unnecessarily impede the computing activities of others (such as randomly initiating interactive electronic communications or e-mail exchanges, overuse of interactive network utilities, and so forth); violation of software license agreements; or violation of another user's privacy.

SANCTIONS

Signators of this Agreement may lose Free-Net privileges at MFN's sole discretion. Violations of the policies described above for legal and ethical use of computing resources will be dealt with in a serious and appropriate manner. Illegal acts involving MFN computing resources may also be subject to prosecution by local, state or federal authorities.

PARENTAL RESPONSIBILITY

Since the lnternet is a global electronic network, there is no state/county control of its users or content. The lnternet and its available resources may contain material of a controversial nature. The MFN cannot censor access to material nor protect users from offensive information. Parents of minor children must assume responsibility for their children's use of the Internet through the MFN's connection. MFN staff cannot control the availability of information links that often change rapidly and unpredictably. Not all sources on the Internet provide accurate, complete or current information. Users need to be good information consumers, questioning the validity of the information

TIME LIMITS

A standard MFN account provides access to browse the Internet, and should only be connected when a user is actively using the Internet. A standard MFN account shall not be used to run a server providing an information service over a user's modem connection such as an FTP or WWW server. A connection held for extended periods of time by automated methods or server software are in violation of this Policy, and will have their connection terminated or account suspended.  

Although the standard MFN account allows unlimited monthly access, to ensure the system is not abused and all customers have equal access, a connection may automatically be disconnected after four (4) consecutive hours of inactivity.  

MFN may take any one or more the following actions in response to violations of these Terms of Service:

• • Issue written or verbal warnings
• • Suspend the customer's account
• • Terminate the customer's account
• • Deny the customer future service
• • Bill the customer for administrative costs and/or reactivation charges, as appropriate

TECHNICAL SUPPORT POLICIES

MFN offers technical support to assist customers with the setup and configuration of MFN Internet accounts.  

MFN phone-based technical support is to be used when a customer requires assistance with problems involving the process of dialing into the system and establishing an Internet connection, as well as with problems concerning the sending and receiving of Internet E-Mail. MFN phone based technical support is not to be used for other applications, including but not limited to, questions regarding writing or setting up WWW pages, nor for assistance on how to use any operating system (e.g. Windows, MacOS, or Unix).  

Customers may also receive E-Mail based technical support from support@michaina.org . E-Mail messages are answered based on priority and most messages will be responded to by the next business day after receipt.  

MFN does not offer technical support by means other than telephone or e-mail. Support is not available in home, our technicians do not make personal visits to user's premises. MFN does not offer technical support for Internet connections to other Internet providers or customers, or any other problem not related to our customers connection to the Internet. MFN Technical Support is unable to provide support for "alpha", "beta" or pre-release software. MFN Technical Support is only able to provide technical support for products or services issued directly by MFN (e.g. Spam Marker).  

MFN is not responsible for the performance of services provided by organizations outside of MFN: including the quality of a customer's phone lines, the speed of Internet connections not owned or operated by MFN, the operation or reliability of any Internet server or computer not owned or operated by MFN.   

BILLING PERIOD

All services provided by MFN will be billed one month in advance. Any additional hourly charges or single-use special charges will be billed during the following invoice cycle. Credit card authorized payments will be billed in the same manner. Accounts will automatically renew at the end of their term date. Customer may upgrade or add services at any time during their contract term.  

All non-automatically debited accounts are billed on the 1st day of the month for the upcoming quarter of service (e.g. on June 1st, you are billed for the July service quarter).  Payment is due by the 1st day of the month of service.  All accounts that have a credit card on file to be charged each quarter are billed on the 15th day of the current month (e.g. If you have a credit card on file you will be charged on July 15th for your July quarterly service).   

Customers receive billing invoices via email only using the Michiana.org mail account.

MFN reserves the right to terminate or discontinue service at any time.   

NON-PAYMENT

MFN reserves the right to suspend access for any account not paid in full by the 15th day of the current quarter unless other arrangements have been made prior to this date.     

RETURNED CHECKS, ACH OR CREDIT CARD PAYMENTS

A returned check charge of $15.00 will be incurred for all returned non-sufficient fund checks.  A charge of $25.00 will be incurred for all returned credit card payments.  If an account is on automatic ACH billing and the payment is bounced, a second attempt will be made to collect on the funds.  If the payment is bounced a second time, the account will be deactivated and a $25.00 bounced ACH charge will be incurred. It is the sole responsibility of the customer to supply MFN with a valid credit/debit card number and expiration date, or bank account number and routing number.   

RETURNED CHECKS, ACH OR CREDIT CARD PAYMENTS

In case of any billing disputes, you must notify, in writing, the Billing Department (director@michiana.org) no later than 60 days after the date the alleged billing error first arose, whether on invoice or a charge against your credit/debit card. Failure to do so will waive your right to further contest of the charge(s).   

CANCELLATION POLICY

To cancel your service you must call the Director at 1-574-280-4850 between the hours of 9 a.m. and 5 p.m. Monday through Friday or via email at director@michiana.org MFN does not offer partial refunds. Customers set up on credit cards will automatically bill on the 15th day of the month. To avoid additional monthly service charges, customers who seek to terminate their service must do so prior to the last day of the calendar month (e.g. by May 30th for a June cancellation).

LIMITATION OF LIABILITY

All Subscribers who use the MFN's Services understand the following: All Subscribers must take responsibility for their own actions and accept that an act by another party that damages them is not the responsibility of MFN. Accordingly, MFN is not responsible for any loss or damage arising out of any Subscriber's use of the Service, or for any damage or loss arising from Subscriber's activities through the Service. In addition to the provisions of the Agreement, YOU AGREE THAT MFN WILL NOT BE RESPONSIBLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL SPECIAL, OR PUNITIVE DAMAGES OR LOSSES WHICH YOU MAY INCUR IN CONNECTION WITH THE SERVICE, THE WWW SERVER, FROM ANY CONNECTIONS TO OTHER INTERNET SERVICES THROUGH ST JOSEPH PUBLIC LIBRARY, THE CONNECTION, WITH ANY DATA OR OTHER MATERIALS TRANSMUTED THROUGH THE SERVICE OR THE CONNECTION, EVEN IF MFN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN ADDITION, YOU AGREE TO DEFEND AND INDEMNIFY MFN AND HOLD MFN HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) RELATING TO ANY ACTS BY YOU OR MATERIALS OR INFORMATION TRANSMITTED BY YOU USING THE SERVICE OR THE CONNECTION LEADING WHOLLY OR PARTIALLY TO CLAIMS AGAINST MFN BY SUBSCRIBERS OR THIRD PARTIES.

DISCLAIMER

MFN dial-up and/or WIFI Internet service is provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. MFN expressly disclaims any representation or warranty that the MFN service will be error-free, secure or uninterrupted. No oral advice or written information given by MFN, its employees, licensors or agents will create a warranty; nor may you rely on any such information or advice. The terms of this section shall survive the termination of this agreement for whatever reason.  

Under no circumstances, including negligence, will MFN, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the MFN service, including but not limited to reliance on any information obtained on the MFN service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to MFN records, programs or services. You hereby acknowledge that this provision will apply whether or not MFN is given notice of the possibility of such damages and that this provision will apply to all content, merchandise or services available from MFN or its affiliates. The terms of this section shall survive any termination of this agreement.  

MODIFICATION OF TERMS

MFN reserves the right to modify this policy at any time and without advance notice.  MFN also reserves the right to change without notice the MFN service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered. The undersigned acknowledges that he/she has read and understands the Agreement. The undersigned acknowledges that he/she has read and agrees to follow the terms in this Agreement.

_________________________________ Signature _________________________________ Printed Name Dated: ___________________________

This Policy was approved by the Board of Directors of the Michiana Free-Net Society, Inc., on February 27, 1996.