Terms, Conditions and Standard Agreement for MacRevolution

The friendly folks at MacRevolution welcome you to an exciting INTERNET experience.

NOT reading this document does not limit your liability regarding your subscription.

GENERAL . MacRevolution may modify the terms and conditions of this agreement at any time. Terms and conditions in effect shall be those currently published on the MacRevolution web site (www.MacRevolution.com). Prices may change at any time, and may be based upon prices posted on the MacRevolution web pages (www.MacRevolution.com) or at the MacRevolution headquarters. A Subscriber is any individual, organization or business who pays to MacRevolution for any services from MacRevolution.

CANCELLATION. Subscriber may cancel service only upon a written signature notice by mail or fax. All cancellations will not be final until user has received a confirmation number. All cancellations must be received by the 25th of the month to avoid charges for the following month. We will not accept telephone delivered (voice) cancelations. The subscriber is not obligated to any subscription fees for more than one month at a time. If the subscriber has prepaid for more than one month in advance and moves to an area that we can not offer local access MacRevolution will only refund any and all full month fees not used at the time of cancellation on a pro-rata basis. Any discounted rates shall be forfeited on early cancellations. This term of refund will be sent via company check to the subscribers new address (we can not send this to any P.O.box) Subscriptions canceled after the 25^th day of the prior will not receive refunds of money for following month's fees (to cancel, we must receive a cancellation notice by the 25th of May not to be billed for June 1st). MacRevolution will not refund any "set-up" or "installation" fees Subscribers not paid by the 8^th of the past due month may be subject to automatic locking of their account and access to the Internet as well as locking any web sites, business or personal, that may be served on MacRevolution servers as well as locking any e-mail that may being stored on MacRevolution mail servers. Subscribers not paying by the 15^th day of the past due month, may be subject to deletion of services, including any web site or e-mail files that exist on the MacRevolution system. MacRevolution Subscribers paying by automatic withdrawal from a credit card, will be notified by either phone, e-mail or postal mail if there are non-payment issues associated with their MacRevolution account(s). MacRevolution does not accept month to month cash payments..

PHONE ACCESS NUMBER NON-LIABILITY. MacRevolution is NOT responsible or liable for any phone charges you may incur as a result of connecting to MacRevolution Services. MacRevolution further, DOES NOT guarantee that any MacRevolution Access phone number that you dial will not incur metered rate, message unit or long distant charges to you, your residential phone and/or your business phone system. The MacRevolution subscriber is solely responsible for determining if there are local phone charges that may or will occur as a result of connecting to the Internet or MacRevolution. MacRevolution will not reimburse any subscriber for any phone charges no matter if the phone number incurring the charges was obtained from MacRevolution staff, a MacRevolution printed list, a MacRevolution data setup disk, or by some other means. MacRevolution WILL NOT PAY FOR ANY PHONE CHARGES OF ANY SUBSCRIBER FOR ANY REASON.

SUBSCRIPTION START DATE. SUBSCRIPTION FEES WILL BE DEBITED FROM SUBSCRIBER'S CREDIT CARD ACCOUNT UPON RECEIPT BEGINNING FROM THE START DATE OF THIS AGREEMENT. The start date is the date you signed up for our services. If you sign up on the 1st thru 15th of the month you will be charged for the full month's service of the month you signed up. If you sign up on the 15th - 31st of the month you will be charged $10 for that month's service. MacRevolution bills on the 25th of each month for the following month's service.

All monthly subscription fees are for the first to the end of each calendar month. Credit card customers agree to allow MacRevolution to bill such card on each sucessive billing date without obtaining the users permission after the initial charge. Credit card customers shall notify MacRevolution of any changes in credit card number or expiration date. If the card is not honored for any reason MacRevolution will attempt to contact user via telephone, email or US Postal service within 5 days.

In addition to any price for services, Customer shall be responsible for the gross amount of any present or future federal, state, municipal or other government sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any services furnished here under or to their use by customer.

TERMINATION AND UNACCEPTABLE USE. MacRevolution may, at MacRevolution management's discretion, immediately terminate or reduce service to the subscriber upon any single or multiple incident of the following conditions: 1.) failure to pay subscription fees; 2.) automatic reconnect logon's and "pinging", for the sake of maintaining an unattended or permanent connection to the MacRevolution system, 3.) interfering with or disrupting Internet services, equipment or other users on the MacRevolution system and servers; 4.) propagation of computer "viruses", 5.) unauthorized entry into another person's or organization's computer, information or communication devises or resources, 6.) Web pages that are or may be considered pornographic, or libelous to individuals, organizations and groups, 7.) Unsolicited blanket E-mailing also known as "spamming" to any other e-mail addresses in any quantity, 8.) Any violation of Local, State, and Federal law, as well as any United States' treaties of International Law pertaining to illegal use of Internet and telecommunications equipment, and services, copyright or trademark law and pornography law, 9) storage and/or transfer of any copyrighted software or files without the owner of such copyrighted software or files written permission on file at MacRevolution headquarters, and/or 10) allowing multiple connections or multiple computers to be connected to the MacRevolution Internet service at the same time through a single-user personal or single-user business MacRevolution Subscription account.

MacRevolution may terminate Subscriber service for other reasons upon 5-day e-mail notice. MacRevolution may refuse service to anyone.

PASSWORDS and SERVICES. Subscriber is responsible for their individual passwords and login "usernames" and shall not intentionally give their password to anyone. Subscriber may not resell, assign or transfer this agreement or Internet access without prior written authorization from MacRevolution. MacRevolution, it's officers and agents, and our partners, suppliers and their owners/officers, agents and employees are not responsible for any and all claims and losses accruing or resulting to any and all Subscribers and any other person, firm organization or corporation furnishing or supplying work, services, equipment, materials or supplies in connection with the performance of this agreement.

WEB PAGES. WEB or FTP Files ARE SUBJECT TO ADDITIONAL FEES IF USED FOR BUSINESS, SALES, SERVICES or PROMOTION OF INFORMATION, DISTRIBUTION OR PROMOTION OF DOWNLOADING OF PROGRAMS AND FILES. Subscriber may not advertise any business or service, either their own or other businesses, services or ventures, without the knowledge of MacRevolution. Subscriber is responsible for all web page content and should maintain copies of all web page files at their own facilities or as backup files on their own computer(s). MacRevolution is not responsible for loss of any web page files for any cause.

UNLIMITED ACCESS. Unlimited Access means access is available 24 hours a day. Unlimited Access does not mean the ability to stay online when not in use or an "assumed" permanent connection. Accounts using the single user connection more than 400 hours per month (that is 13.5 hours every day of the month to gain a number as high as this), may be subject to restriction and termination. Unlimited Access accounts may be not be used as a "permanent connection" and may be terminated upon refusal to comply with hour limitations. On July 12th 2000 UUnet (Network G) will now consider unlimited usage to be less then 150 hours. The charge to the end user is $1.00 per hour over. Again this is only on Network G.

DISRUPTION OF SERVICES. MacRevolution does not guarantee uninterrupted access to the Internet. Internet services are obtained from numerous "backbone" Internet companies and connections and equipment can and do break down. MacRevolution will not and cannot be responsible for any disruption of Internet connectivity due to power outages, backbone supplier faults or breakage, MacRevolution equipment malfunction or any natural disaster. All Internet service is provided on an "as is" and "as available" basis. MacRevolution does not warrant for any loss of service time, transmission errors, connectivity or quality of service.

SPAMMING. Spamming is the sending of unsolicited e-mail to any other Internet user in the world. Similar to unsolicited faxing, there are more and more laws being created by governments against spamming. Spamming is also in violation of every Internet backbone provider in the U.S. MacRevolution uses four such backbone companies and they all restrict spam mail. Violators of spamming policies will be disconnected from MacRevolution services immediately and their service WILL NOT be restored for any reason. Refunds will not be given for termination of services due to spamming.

MacRevolution also considers the following spam and will disconnect all accounts related to this without notice.Refunds will not be given for termination of services due to the following.

Harassing others by 'mail-bombing', 'list-bombing' or 'news-bombing.' 'Mail-bombing'constitutes sending more than ten (10) similar mail messages to the same email address. 'List-bombing'constitutes subscribing e-mail addresses other then yours, Sending excess messages or large files to a discussion list. 'News bombing' constitutes sending more than 10MB of data to a newsgroup.

Sending unsolicited electronic mail (email) messages where the recipient objects to the content of the message or to the receipt of the message in general is also prohibited under this Section.

Subscribers acknowledge that they are expressly prohibited from utilizing MacRevolution's Service, MacRevolution's equipment, or any MacRevolution email address in connection with the sending of the same or substantially similar unsolicited email message, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of MacRevolution's Service, MacRevolution's equipment, or any MacRevolution email address(es).

A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public shall not constitute a request or invitation to receive messages.

Subscriber specifically agrees that he/she/it will not utilize MacRevolution's Service, MacRevolution's equipment, or any MacRevolution email address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or 15 or more newsgroups in a single day. A Subscriber responsible for these acts may be terminated at MacRevolution's discretion. For each day upon which this provision is violated, Subscriber agrees to pay MacRevolution $10.00 per day for an unintentional violation of this provision, but where warranted, such as in the case of an accidental transmission, MacRevolution may waive all or part of the applicable charge. In cases of willful violations of this provision, Subscriber agrees to pay MacRevolution $200.00 per day. MacRevolution at its sole discretion shall determine whether such a violation was unintentional or willful. Payment by member under this provision shall not prevent MacRevolution from seeking to obtain other legal remedies against member, including other damages or an injunction.

Revealing your account password to others or allowing use of your account by others (other than authorized users in your household). At no time may there be simultaneous use of the same username and password combination.

Forging any message header, in part or whole, of any electronic transmission, originating or passing through MacRevolution's Service.

Distributing viruses to or from MacRevolution's Service.

Use of software or any device that would allow your account to stay logged on while you are not actively using MacRevolution's Service or use the account for the purpose of operating a server of any type. (See section 3 below).

Cross-posting advertisements for products, items, or services to ten (10) or more unrelated USENET newsgroups.

Posting articles to any USENET or other newsgroup, mailing list or similar forum which are off-topic according to the charter or other public statement of the forum.

Disrupting any newsgroup with frivolous, excessively vulgar, or repetitious postings.

Posting of binary, or excessively large, unrelated text files to non-binary newsgroups that have specifically requested such material not be posted in the group's FAQ (Frequently Asked Questions), charter or other public statement of the forum that such material not be posted.

Installation of 'auto-responders,' 'cancel-bots,' or similar automated or manual routines which generate excessive amounts of Net traffic, or disrupt Net newsgroups or email use by others.

Engaging in any of the above activities using the service of another provider but channeling such activities through an MacRevolution account or re-mailer, or using an MacRevolution account as a mail drop for responses.

MacRevolution Management