This agreement represents the complete agreement between INOW and the account holder and supersedes any other written or oral agreement.

INOW may modify these terms and conditions, and/or modify the prices, as well as discontinue or change the services offered.

Continued use of this service constitutes agreement of the terms and conditions and any modifications to the terms and conditions thereof.

If you do not agree to these terms and conditions, please notify us within 24 hours of your first login at (408) 946-6895 so that we can close your account.

1. Provision of Services

• 1.1 INOW will provide services on its host computing systems to single (one user) account holders in exchange for payment of fees and compliance with the terms and conditions of this document.

• 1.2 INOW Services are defined as the use by the account holder of computing, telecommunications, provided by INOW. These services also include the provision of access to computing, telecommunications, and information services provided by others via the global Internet.

• 1.3 INOW Services include access to the complete USENET discussion groups (newsgroups). Some of the discussions contain language or pictures about subjects intended for Adult audiences. Account holders less than 18 years old must have a parent or legal guardian agree to these conditions to indicate acceptance and knowledge of this.

• 1.4 INOW will publish a notice of fee increases no less than 30 days before such increases take effect.

• 1.5 INOW exercises no control whatsoever over the content of the information passing through. INOW makes no warranties of any kind, whether expressed or implied, for the service it is providing. INOW also disclaims any warranty of merchantability or fitness for a particular purpose. INOW will not be responsible for any damage you suffer. This includes loss of data resulting from delays, non-delivery, mis-delivery, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via INOW is at your own risk. INOW specifically denies any responsibility for the accuracy or quality of information obtained through its services.

• 2.1 Public Domain and "SHAREWARE" materials (e.g., images, text, and programs) may be downloaded or uploaded using INOW services.

• 2.2 As provided by United States federal law and by International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using INOW services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor the copyright notices be modified.

• 2.3 Note that some materials available on the global Internet are called "SHAREWARE".The copyright holder usually gives permission to use the materials for examination. If you choose to continue using the materials, the copyright holder requests that you register your usage and may ask that you pay a license fee.

• 3.1 INOW Dial-up accounts are for individual users and the account holder therefore agrees not to share the password of the account. The account holder agrees that he/she is the sole user of the account, and acknowledges that INOW will terminate the account without notice if the account holder does not comply. This includes one simultaneous modem connection and no more than three (3) virtual sessions.

• 3.2 The account holder agrees to maintain a secure password to the account. Secure passwords are those that are between 6 and 8 characters long, contain upper and lower case letters, numbers, and at least one special character such as a $,&,%,etc. A password cracking program is run continually - your password will be changed if it is found to be crackable.

• 3.3 The account holder agrees not to use any process, program, or tool via INOW services for guessing the passwords of account holders on this or other systems. The account holder agrees not to use the services to make unauthorized attempts to access the systems and networks of others.

• 3.4 The account holder agrees to use the services provided by INOW as permitted by applicable local, state, and federal laws. The account holder agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law.

• 3.5 INOW and connecting networks may be used by account holders to conduct legal businesses. These businesses should, however, not impinge upon the use of INOW services by other account holders. Services should not be used to send unsolicited advertising or promotional materials to other network users. Electronic mail and appropriate USENET newsgroups may be used in the conduct of legitimate businesses.

• 4.1 The account holder acknowledges that INOW makes an honest effort to keep the information available on INOW systems accurate.However, there is no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through INOW is at the risk of the account holder.

• 4.2 The account holder also acknowledges that the information available through the interconnecting networks may not be accurate. INOW can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy,or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through INOW services is at the risk of the account holder.

• 4.3 The account holder agrees to indemnify and hold INOW harmless from any claims, including attorney's fees, resulting from the account holder receiving INOW services which cause direct or indirect damage to another party.

• 4.4 INOW shall not be held responsible for any materials stored on their hosts systems.

• 5.1 INOW accounting cycle begins on the date the account is opened.

• 5.2 Service payments will be submitted in advance of receiving services.

• 5.3 Payment is due upon receipt of our invoice or notification via e-mail.

• 5.4 Delinquent accounts are those that remain unpaid at the beginning of the next accounting cycle.

• 5.5 Accounts that are delinquent by one complete accounting cycle are put on "accounting hold" and may not be used. Accounts that are unpaid for two accounting cycles automatically have their account and files purged. INOW accounts continue to accrue charges while they are on hold.

• 5.6 There is a service reconnection charge equal to one half the currently charged monthly fee to remove accounts from accounting hold status.

• 5.7 The account holder acknowledges responsibility for the account until payment in full is made.

• 5.8 There is a $20.00 service charge for each returned check.

• 6.1 Cancellation requests must be received in writing via email, fax, or postal service at INOW's main office. Requests for cancellation must be received prior to the last day of the accounting cycle or account holder shall be liable for the usage fees payable for the following month.

• 6.2 Set-up fees, and the first months usage fees are not refundable under any circumstances.

• 6.3 All INOW accounts must be paid in full before the transaction will be considered complete.

• 7.1 Any use of INOW system resources that disrupts the normal use of the system for other INOW customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include spawning multiple processes, consuming excessive amounts of memory or CPU for long periods of time, and staying attached to modems while not really "active" on the line.

• 7.2 Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or have their account suspended by INOW Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with INOW Technical staff. If the misuse is intentional,the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service reconnection charge. Occasionally, unintentional misuse is mis-classified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the Operations Manager.

• 7.3 Violations of any of INOW conditions of use are unethical and may be a criminal offenses. You are expected to report to INOW any information you may have concerning instances in which the conditions of use have been or are being violated. When INOW becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, INOW may suspend access to services to the individual account in question. INOW staff at random times will audit account directories and information in order to assure compliance with all laws and regulations. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the Operations Manager, following payment of a reconnection charge.

• 7.4 CPU Usage:

  Users are allowed to run one process at a time, provided it does not have an adverse effect on system availability or response time. This single process rule does not apply to:

• (1) Up to 3 stopped jobs in the background.

• 7.5 Modem Usage:

  We ask that when you plan to be idle for more than a few minutes you hang-up and then call back when you are ready to continue. This policy helps insure that our dialup modems are available for all users to share. Any lines left inactive for a period of 30 minutes will automatically be disconnected.

• 7.6 Mail Usage:

  Bulk mailing to more than 100 users from INOW is not permitted. Users sending letters with more than 5 recipients must run consecutive mail delivery programs. Concurrent mailings to more than 5 recipients is not allowed.

• 7.6 Disk space usage:

  Disk space usage in excess of 5 megabytes in any given month is subject to a $1.00 per megabyte per month charge over and above the subscription rate. Failure to pay this additional charge will cause your account to be delinquent and put on hold.

• 7.7 WWW domain name URL

  This account requires an existing PPP account and which follows the same benefits and restrictions as that account.