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Terms and Conditions
Customer Service Agreement
Acceptable Use Policy

A. Definitions

First Internet Alliance refers to First Internet Franchise Corporation., its employees, officers, franchisees, contractors, joint venture partners, investor and designees . "User" means the individual user whose name appears on the account and his or her spouse, dependent children, relatives, guests, and invitees who use the principal account and/or associate account at the user's address and all businesses (whether a proprietorship, partnership, association, trust, corporation, limited liability company, or other legal entity) which use the principal account and/or associate account at the user's address. All provisions of First Internet Alliance's Customer Service Agreement ("Agreement") apply to the user's principal account and associate accounts billed to the principal account. The benefits of or rights conferred by this agreement are nontransferable. Use of First Internet Alliance accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address.

B. Acceptability of this agreement.

By utilizing First Internet Alliance’s services including dial-up TCP/IP connections to the Internet and web services including free personal web sites you have agreed to be legally bound by the terms and conditions of this agreement and you acknowledge that you have carefully read this agreement and you understand its terms.

C. Services to be Provided.

First Internet Alliance agree to provide you, directly or through our subcontractors and affiliates, with certain electronic communications services, including dial-up TCP/IP connection to the Internet and a personal web site. First Internet Alliance reserves to right to change without notice the First Internet Alliance service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered. First Internet Alliance reserves the right to terminate or change priority of any process started by said user.

First Internet Alliance will allocate system resources to provide all accountholders with the best service possible. As part of resource allocation, First Internet Alliance may limit, restrict or prioritize access to system resources, including CPU time, memory, disk space, session length, and number of sessions. Additionally, First Internet Alliance may institute services and fees for account holders who are interested in accessing system resources above and beyond acceptable usage. Connections in duration of more than five (5) hours are subject to disconnection if no open connections are available on the system. Accounts disconnected in this manner will be allowed to reconnect after one (1) minute of inactivity. Idle connections are those connections that have not transmitted any data to the server they are connected to for fifteen (15) minutes. Idle connections are also subject to disconnection.

D. Billing/Terms/Termination.

User agrees to pay First Internet Alliance all charges relating to the use of User's account(s) according to rates and prices stated and disclosed at point of sale at the time of commencement, INCLUDING A ONE-TIME SIGNUP FEE. User is responsible for charges at the time the service is used and First Internet Alliance may apply the amount due to User's credit card or Electronic Debit account at any time.  First Internet Alliance may, from time to time, offer a trial period during which the User may cancel membership without incurring any costs. It is the responsibility of the User to contact First Internet Alliance to cancel during the trial period and receive verification that cancellation has occurred.

First Internet Alliance will charge your credit card or debit you checking account with an electronic funds transfer in advance for your monthly subscription connection fee as set forth in the On-line Registration located at our website or explained during the telephone order taking process. First Internet Alliance may modify our rate schedule without any prior notice with any rate changes to take effect upon next billing cycle.

First Internet Alliance reserves the right to delete user's personal files after one or both parties terminates agreement. First Internet Alliance reserves the right in its sole discretion to delete any information entered into First Internet Alliance by User. First Internet Alliance and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.

First Internet Alliance may terminate your account and connection: (a) if the monthly automated credit card charged for your subscription connection fee is declined (b) the electronic funds transfer debiting your checking account for your subscription connection fee is declined due to insufficient funds; (c) if you violate our Acceptable Use Policy; (d) if you breach any term of this agreement; or (e) for any reason, in our sole discretion.

You may terminate your account at any time upon written notice to us. You are liable for all fees you incur prior to termination of your account.  Accounts closed during the first month will be charged a setup fee equal to the first months-billed amount.  Accounts closed subsequent to the first month of service will not be pro-rated and are considered earned on the first day of the month.  Any extra costs incurred by First Internet Alliance to service the account may also be charged on accounts set to terminate on a date other than the payment anniversary date. 

In the event your account is terminated due to non-payment, you will be required to bring the account current including any additional fees which were incurred prior to termination of your account. When paying by check, user expressly authorizes First Internet Alliance to debit user's checking account for the amount of a check returned unpaid by user's bank, plus up to a $25 returned check fee.

E. System Resources.

First Internet Alliance may log instances of abuse of system resources, including but not limited to those outlined below, and take action as outlined in section "D. Billing/Terms/Termination" above.

System abuse is defined as any use of First Internet Alliance resources which disrupts the normal use of the system or Internet services for others. Examples of system abuse include, but are not limited to, attempting to disrupt the sessions of other Internet users, consuming excessive amounts of CPU time, memory or disk space, or otherwise affecting the performance of First Internet Alliance servers.

Users may not run programs which provide network services from their accounts. Examples of prohibited programs include, but are not limited to, "e-mail", "http","https" and "IRC" servers and multi-user interactive forums.

User may only make use of First Internet Alliance system resources while logged in. The sole exceptions to this policy are email filters, which process and sort mail as it arrives. Unless otherwise authorized through a First Internet Alliance approved program, no user may have more then one concurrent logon session. Idle time-outs may not be defeated by auto-generation of data to mimic user activity. First Internet Alliance systems are for interactive use only.

E. User Responsibilities.

The user is responsible for all acts initiated from his/her account. The user should not share his/her password. If User is less than 18 years of age, agreement must be signed by a parent or legal guardian, who is responsible for all charges related to use of User's account(s).

User is responsible for all use of User's account(s) and confidentiality of password(s). First Internet Alliance will suspend access or change access to User's account(s) immediately upon notification by User that his her password has been lost, stolen or otherwise compromised. First Internet Alliance is not liable for any usage and or charges prior to First Internet Alliance making the necessary account alteration.

User is responsible for all telephone charges for connecting to First Internet Alliance. This includes local, long distance, service or equipment charges billed to Customer. Users whose accounts are terminated for any breach of this agreement are also responsible for the cost of labor to cleanup and respond to complaints incurred by First Internet Alliance.

Failure to use this account(s) does not relieve the User of payment obligations, except as specifically provided in this contract.

F. No Warranties.

First Internet Alliance MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE FIRST INTERNET ALLIANCE, ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. First Internet Alliance EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. First Internet Alliance shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data from delays, non-delivery, miss-delivery, or service interruptions, regardless of cause or fault. First Internet Alliance are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause First Internet Alliance is held liable to you, your damages shall be limited to a refund of your sign-up fee and for the fees charged to you in the month or months the alleged loss occurred. FIRST INTERNET ALLIANCE SHALL NOT BE LIABLE TO USER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USER's USE OF FIRST INTERNET ALLIANCE SERVICES EVEN IF FIRST INTERNET ALLIANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

G. Acceptable Use Policy ("AUP").

General

You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; (4) to respect the integrity of computing systems (for example, you shall not intentionally develop programs that harass other users or infiltrate a computer or computing system and/or damage or alter the software components of a computer or computing system); (5) to refrain from creating routing patterns that are inconsistent with the effective and shared use of the network; and (6) not to post unsolicited advertising except to those mailing lists or news groups that explicitly allow advertising.

Use of First Internet Alliance for illegal activities of kind, including unauthorized use (or attempted unauthorized use) of First Internet Alliance's machines or other machines on the Internet, forging header information or user identification information, software piracy, and copyright or intellectual property infringements is prohibited. User agrees to use the service in manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Local, State or Federal Laws, First Internet Alliance reserves the right to cooperate with all or any law enforcement agencies.

World Wide Web

Use of web pages for advertising purposes is prohibited on personal web sites. Resumes are permitted on personal web sites. Unauthorized reselling web space is prohibited.. Selling advertising on a personal web site, or taking credit card orders requires a First Internet Alliance business web site account. Pages containing pornography or nude images may not be stored on First Internet Alliance's personal web sites. Any adult-oriented material must have warning and disclaimer pages and password protection. In addition, any adult-oriented sites will be required to be run as business web site accounts run as Virtual Domains. Use of text or images created by others without their permission is copyright infringement and is prohibited.

Any personal web site engaging in any of the following activities listed below will be suspended until alternate arrangements for serving such sites can be made. Personal web site suspension activities include but are not limited to exceeding 2MB of disk usage as measured on First Internet Alliance drives; exceeding 25MB of traffic in a one month period; regularly sending similar or unsolicited e-mail messages to more than 20 First Internet Alliance members and/or Internet users in a "listserver" type fashion; reselling of First Internet Alliance disk space to clients, customers, associates or others not directly purchasing services from First Internet Alliance; hosting of web sites on First Internet Alliance servers for clients, customers, associates or others not directly purchasing services from First Internet Alliance, or soliciting of and/or displaying of and/or accepting compensation for the display of banner and/or text based advertisement or other references to organizations, individuals or services other than First Internet Alliance.

Usenet Newsgroups

First Internet Alliance places no content restrictions on newsgroups except that (a) no illegal content is permitted and (b) each newsgroup sets its own policies about what are appropriate topics for discussion. Posting more than 20 copies of the same article or continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in virtually all Usenet newsgroups (exceptions include the biz.* hierarchy). Posting articles with forged header information (e.g., a falsified "From:" field) is prohibited. Use of anonymous remailers is acceptable use, so long as the use is not otherwise illegal or contrary to this agreement.

Email

Sending harassing or mass unsolicited e-mail is prohibited. Forging header information in e-mail is prohibited. Using an account from First Internet Alliance as a mail drop for responses originating from mass e-mailing or excessive newsgroup postings is prohibited. Any email box exceeding 5MB may have incoming mail bounced until the user removes a sufficient number of messages as to return to compliance with this Policy.

FTP

There is a 50MB per day per account limit on FTP transfers from First Internet Alliance servers. Users whose accounts are generating transfers which surpass the limit or which consume an excessive percentage of First Internet Alliance's FTP resources may receive a warning from First Internet Alliance . Continued excessive use of First Internet Alliances's FTP resources may result in suspension or termination of the account.

Internet Relay Chat

Use of IRC bots or storing them on First Internet Alliance's servers is prohibited. Impersonating other users by forging one's email address is prohibited.

 

 

If First Internet Alliance learns of a violation or likely violation of our AUP, First Internet Alliance will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the AUP, First Internet Alliance reserves the right to terminate your connection immediately. Every effort will be made to inform you prior to disconnection, and to re-establish your connection upon receiving such representations from you as First Internet Alliance deems appropriate in the circumstances.

You agree to indemnify and hold us harmless from any claim resulting from your use of this service which damages any person.

TCP/IP dial-up connections cannot be used as a dedicated line including an unlimited access account unless the dial-up account is specifically denoted as a "dedicated" account.

H. Assignment.

This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account name and password, you shall remain liable to us for any fees due under this agreement.

First Internet Alliance may assign this order, its rights here under and its ownership of said service and commitment at anytime without notice.

I. Information Release.

You agree to permit us to list your participation in our service in such directories or postings as First Internet Alliance deems necessary or appropriate to the conduct of our service. These listings will contain only your name and user ID. First Internet Alliance will not publish your phone number or address without permission.

J. Installation of Software.

First Internet Alliance will provide you with telephone support to assist you in connecting to our service. Due to the complexity of modern telecommunications, First Internet Alliance cannot assure that you will be successful in securing a reliable connection. If you are unable to secure such a connection, on return of your setup materials, First Internet Alliance will refund your subscription fee, and this agreement shall terminate upon such refund.

K. Access to Other Networks.

Use of other networks may require approval of the their network authorities. Your use of such networks will be subject to any acceptable usage policies they establish.

L. Change of Terms and Conditions.

First Internet Alliance reserves the right to change the terms and conditions of this agreement by giving you notice at least 30 days in advance of the effective date of the change. Use of our connection by you after the effective date constitutes acceptance of those new terms and conditions. If you does not agree to the new terms and conditions, you may terminate this agreement in accordance with Section D.

M. Notification of Account Changes.

You agree to provide us with such other information relating to your use of this service as First Internet Alliance deems necessary or desirable. You agree to notify us if your address or billing information changes.

N. Notices.

All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with confirmed receipt; if sent by fax; or on the third day after mailing by first class mail, provided the notices are sent to the addresses set forth in the first paragraph of this agreement.

O. General Provisions.

The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section L, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing below represents that he or she is duly authorized to enter into this agreement on behalf of that organization. This agreement shall be construed in accordance with, and shall be governed by, the law of the State of California, unless Internet service is being provided by an independently licensed and operated franchise of FIFC in which case this agreement shall be construed in accordance with, and shall be governed by, the law of the State in which such franchise headquarters is located in. Venue for any dispute arising under this agreement shall be in Orange County, California, unless Internet service is being provided by a independently licensed and operated franchise of FIFC in which case venue for any dispute arising under this agreement shall be in the County in which such franchise headquarters is located in. In the event of a dispute, the parties agree to submit the matter to the American Arbitration Association ("AAA") before instituting litigation.

P. Effective Date.

This Agreement shall be effective as of the date of User's first use of First Internet Alliance's services. This Agreement shall be effective without execution by User.

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