In this Agreement, SurfBest Internet Services, Inc. is referred to as ‘we’, ‘us’, ‘our’ and the like. You, the Customer is referred to as ‘you’, ‘your’, ‘yours’, ‘user’, ‘their’ and the like.

We agree to provide you with those services set forth at the time of signup and you agree to abide by the restrictions made below. In the event of any violation of the below terms and conditions of using our service, we reserve the right to suspend or terminate your account. If you do not wish to be bound by the below terms and conditions of using our service, then you should not apply for service or you should cancel the service immediately.

Warranty Disclaimer

No warranties are made regarding the service. We exercise no control whatsoever over the content of information that is passed through our system. The service is provided on an "as is" basis. Neither our nor any of our affiliates, our licensees, our contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor do we make any warranty as to the results from use of the Service. No advice or information given by us, our affiliates, licensees, contractors or their respective employees shall create a warranty or change this Agreement in any manner whatsoever.

Responsibility of Use

User shall assume all responsibility for all content distributed, accessed, or viewed while connected to or using our service. Under no circumstance shall we be held liable for your actions while you are using the service.

Limitation of Liability

Under no circumstances shall we, our agents, our providers, or employees be liable for any damages, which result in any way from User's use or inability to use the Service or any part thereof. This includes all direct and indirect damages, special, punitive or consequential damages that may result from busy signals, errors, delays in the service, deletion of files, viruses, theft, or alteration of a user's computer. In the event that we are found liable under any circumstance under the terms of this Agreement, our liability shall be limited to the unused balance of user's subscription payment pro-rated to reflect the current term. If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of ours in operating the Service, User's sole and exclusive remedy is to discontinue using the Service and to cancel their account. Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold us, our affiliates, licensees, contractors and their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation incurred or suffered by us, our licensees, affiliates, contractors, and their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify us in writing of any claim of which it is obligated under this indemnity. We shall have the right to assume the defense of any such claim. We and User shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

Age Limit

User represents to us that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

Sexually Explicit Materials

User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. We have no control over and accept no responsibility whatsoever for such materials.

Restrictions of Use

User understands that the following restrictions are applied to the service:

User May Not:

Send SPAM, or bulk email when dialed into the network; Post offensive, threatening, or SPAM, when using  newsgroups; Use their personal FTP site for business sites; Post or transmit viruses or any harmful component to others; Transmit anything that is protected by copyright without permission; Attempt to violate the security of any computer network; Engage in any illegal activity; in any way, restrict or inhibit any other user from using and enjoying the Internet or our Service.

Information Requests

We have no obligation to monitor the Service. However, User agrees that we have the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect ourself or our subscribers. We will not intentionally monitor or disclose any private E-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. We reserve the right to suspend access to the Service for User's account. The account's suspension may be rescinded within our sole and absolute discretion following payment of a reconnection charge, to be determined by us in our sole and absolute discretion.

Dialup Services

User agrees to allow provider to force a ten minute idle timeout and five hour maximum session on their dial-up account. Attempts to defeat the idle timer using a ping bot or system tool, or the use of a redialer to automatically reconnect once disconnected is prohibited. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the Service. User understands that unlimited service does not mean dedicated service. Dedicated service shall be defined as an average of more than ten channel hours a day, based on a thirty day calendar month usage report. User may be blocked and/or forced to upgrade to continue service if their account is used as a dedicated connection. User understands that some networks offered are limited. Under no circumstances do we guarantee that User will be able to access Service via a non-toll call. Once the user has reached their limit, they shall not have access to the internet until the first of the next month. User will not be given and may not purchase more than one limited account in an attempt to get dedicated access on a limited service. The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Use of ISDN shall cause the User to be charged for two dialup accounts. Although we advertise "Unlimited Access" in regards to some of our Dial-Up services, there are several limitations applied. The sole purpose of these limitations is intended to limit the amount of unnecessary use, in our sole discretion, of our services by any such User, which restricts overall system availability for other such Users. This results in a limitation of one hundred fifty hours of usage in any one month on SFB 1, SFB 7, and SFB11; a limitation of two hundred hours of usage in any given month on SFB 3, SFB13, SFB15 and SFB16; a limitation of three hundred hours of usage in any given month on SFB12;  a limitation of three hundred twenty five hours of usage in any given month on SFB14  and a limitation in any one month of two hundred fifty hours on SFB 4.

Email Services

User understands that Port 25 (SMTP) is blocked for all outgoing mail servers except our own; User may not send to more than twenty-five recipients at a time; User may not send more than one hundred emails per hour period; User may not send from an email address that is not their own; User may not send an email that is over ten MB in size; User may not forge message headers to hide the origin of their email; Provider may block certain attachment types used in transmitting viruses; User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.

Fraudulent Content 

User agrees to be held responsible for the distribution of fraudulent materials. User agrees that the violation of any terms of this Agreement will result in immediate termination of Services. Futhermore, violation of any of these terms will result in the immediate penalty of $200 per violation. We reserve the right to charge User’s credit card, debit card, checking account or to invoice User for any fees or penalties. In the event we invoice User, the User agrees to be responsible for the one-time fee of $200 per violation of these terms.

Hosting Services

Although we advertise unlimited bandwidth, we reserve the right to inform you that you must transfer your website if an excessive amount of bandwidth is being used. User may not purchase more than 1 hosting package and link them together in an attempt to get around our bandwidth or website size restrictions. We currently do not allow websites that exceed 15 GB of bandwidth per month to host on our servers. If the request is not met within 5 days, we do reserve the right to remove the website from our system.

You agree not to post any of the following restricted contents: Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials.

We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement.

Right to Cancel

We reserve the right to cancel your Service for any reason without prior notice. In the event that a User's service is cancelled for a reason outside of this Use Policy, we will refund to the User the unused portion of that month's service at the time of cancellation. We will not refund any shipping or handling fees. Cancellations after the first of the month will be charged for that month. User must notify us in writing or e-mail to cancel Service. Cancellation requests must include member name and phone number. ACCOUNT IS NOT CANCELED UNTIL USER HAS RECEIVED AN EMAIL CONFIRMATION OF THE CANCELLATION, FROM US. Refunds are not issued for the calendar month of cancellation. If payment was by check or checking account draft, any refund shall be subject to a five dollar handling charge. User must keep the email confirmation for twelve months after cancellation.

System Backups

We do not and will not perform system backups on any User's E-mail account(s). We shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, we will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Although we do perform system backups on hosting content, we shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. User should always keep their own backup of their website. Except as otherwise set forth herein, we will not provide historical data, to any party for any reason, regarding any system or Internet activity.

No Confidentiality

Information transmitted through us and through the Internet in general is not confidential. We can not and shall not guarantee privacy or protection of any User. We reserve the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of our company.

Billing Policies

All monies are in US Funds. The first charge to your credit/debit card or draft from your checking account shall include 42¢ per day for the days remaining in the existing month, plus $12.50 for the following calendar month.  Three dollars will be added to this total if you choose to have a disk US Mailed to you. CHARGES BEGIN THE DAY SURFBEST EMAILS (OR USMAILs) YOU YOUR ACCOUNT INFORMATION, REGARDLESS OF INSTALLATION AND/OR ACTUAL USAGE OF SERVICE.  Returned checks are subject to a collections fee.  Internet service will be suspended for returned checks until such time as the check is made good.  Any accounts deactivated due to non-payment or that are past due are subject to a per login-id reactivation fee of five dollars (example: if you have three login ids the fee will be fifteen dollars).  All charges are considered valid unless disputed in writing within sixty (60) days of the billing date.  Adjustments will not be made for charges that are more than 60 days old. Failure to use the account does not relieve the user of payment obligations. By providing us with credit/debit card information or checking account information, you agree to allow us to charge or draft $12.50 from your account each month.  Monthly charges are applied during the last seven days of the month for the following month's service.

Broadband backup service is $3.99 per month.  This gives the user up to ten hours of calendar month usage with no added charge.  Hours in excess of ten are charged $1 per hour or part thereof.  SurfBest reserves the right to limit the account to twenty hours of usage in a calendar month. The basic $3.99 fee is charged regardless of usage.  Outgoing email SMTP is also included with the service for use when connecting with SurfBest’s Broadband Backup service.  Members may pay an annual fee of $39.99. If the member pays annually and then cancels prior to the end of the twelve months, the refund, if any is calculated at $3.99 per month and a five dollar processing fee is added.  Billing is done on or about the 1^st of the month for the current month’s service and the previous month’s overage.

 

Failure to Comply With Terms and Conditions

We may deny User access to all or part of the Service without notice if User engages in any conduct or activities that we in our sole discretion believes violates any of the terms and conditions in this Agreement. If we deny User access to the Service because of such a violation, User shall not have the right (1) to access through us any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through us, and we shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

Miscellaneous

All times are GMT. User agrees to remain signed into the network only when actually making use of same. User authorizes us to enforce these restrictions by appropriate software and network measures, automated and manual. Under no circumstances shall we be liable or responsible for any long distance charges resulting from the use of our service. Under no circumstances shall we be liable for any charges whatsoever resulting from the use of our service. User agrees to notify us if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to us. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Our failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. All correspondence and contents of that correspondence between Us and You, be it by newsletter, phone, email or any other method, is considered private and confidential and may not be disclosed by You to any third party for any reason whatsoever. We may modify this Agreement from time to time by updating this page on our website, and User's continued use of the Service shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service and cancel Service. This Agreement shall be governed by and construed in accordance with the laws of the State of Maine. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. We shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond our reasonable control. Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming us as the defendant, shall be proper only in a venue determined solely by us. In any action between us and User to enforce any of the terms of this Agreement, We shall be entitled to recover expenses, including reasonable attorney's fees. This Agreement constitutes the entire agreement between User and us with respect to the Service.

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