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About Budget Dialup

The Budget Dialup, Inc. Internet Service (the "ISP") is operated by Budget Dialup, Inc., a California corporation ("Budget Dialup"). This Terms of Service Agreement ("Agreement") sets forth the terms, conditions and guidelines for use of the ISP (the "Service") and constitutes a legally binding contract between you, on the one hand, and Budget Dialup and its suppliers and providers. Please read this Agreement carefully before activating or using an account with the Service.

WE PROVIDE INTERNET SERVICES, AS THEY MAY EXIST FROM TIME TO TIME ("SERVICES"), TO USERS WHO PREPAY FOR THE SERVICE. A USER MAY PREPAY FOR A FIXED NUMBER OF HOURS OF SERVICE (THE "HOURS"). THE HOURS PREPAID MUST BE USED BEFORE THE EXPIRATION OF ONE YEAR FROM THE DATE OF PURCHASE. HOURS NOT USED WITHIN SAID ONE-YEAR PERIOD WILL BE UNAVAILABLE FOR USE. BY PREPAYING FOR HOURS OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND TO USE THE SERVICES IN COMPLIANCE WITH THIS AGREEMENT, OUR SOFTWARE LICENSE AGREEMENT, AND OTHER POLICIES. BY REGISTERING FOR OR CONTINUING TO USE THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS, CONDITIONS AND GUIDELINES. IF YOU DO NOT AGREE TO ANY OF THE TERMS, CONDITIONS OR GUIDELINES IN THIS AGREEMENT, INCLUDING ANY FUTURE REVISIONS, YOUR SOLE REMEDY IS TO TERMINATE YOUR USE OF THE SERVICE UNDER SECTION "TERMINATION."

By accepting this Agreement, you agree that your use of all software provided to you in connection with the Service is governed by our Software License Agreement.

By accepting this Agreement, you also agree to the terms of the Budget Dialup Privacy Statement. You agree that our sole obligations with respect to user data and privacy are set forth in the Budget Dialup Privacy Statement.

Please note that we may change this Agreement at any time. In the event that we make material changes to this Agreement or the Service, we will post those changes on the Budget Dialup web site thirty (30) days in advance. Use of the Services after such changes have taken effect constitutes acceptance of all changes.

Please also note that at any time, if we determine in our sole discretion that you have abused or violated the letter or intent of any of these terms, conditions or guidelines, we reserve the right to terminate your use privileges and Hours immediately without notice.

You must be 18 years of age in order to register for or purchase Hours for the Service. If you are under 18 years of age, you may still have access to the Service, but only if your parent or guardian purchases Hours for the Service and gives you permission to use the Service. Local access dial-up numbers may not be available in all areas. You are solely responsible for determining if use of a particular dialup number will cause you to incur long-distance, toll, or other charges. We are not responsible for any long-distance, toll, or other telecommunications charges you incur. Depending on your particular location, the access number you use may not be a local phone call (even though it may be in the same area code or city as your phone number). We advise you to check with your local phone company to verify whether any access number you are using or intend to use is a local call and whether any communication charges may apply. We may change our local access dialup numbers at any time. We reserve the right to advise or direct you to use certain numbers to access the Service or to restrict use of specific access numbers.

Simultaneous log in access is forbidden. Prices for Hours are posted at the Budget Dialup Web site. We reserve the right to change prices and institute new fees at any time.

Billing and Payment
You must prepay for Hours of Service. We will bill you by charging your credit card. In addition to the fees and charges you incur through the Service, you agree that you are responsible for all third-party charges you incur while on the Internet.

User Responsibilities
You will receive a user name and a password (collectively, your "account"). You assume all resulting liability from use of the Service. You must keep your password confidential so that no one else may access the Services through your account. You must notify us immediately upon suspecting or discovering any unauthorized use of your account.

You are responsible for all activity on your account, regardless of whether you are using the account yourself or permitting another person to do so. Therefore, you should supervise any other person whom you permit to use your account, especially children. Unsolicited advertisements or solicitations sent from other networks that reference your account will be treated as if they originated from your account, unless we know, or have sufficient evidence to believe, that the message originated with some unrelated party.

Content
We have no obligation to monitor the Services and we provide an unfiltered connection to the Internet. We do not routinely review data, documents, materials, or information before they are transmitted through the Service. We will have no liability—whether arising under the laws of copyright, patent, trade secret, defamation, privacy, obscenity, or otherwise—related to the content of any such communications.

You are solely responsible for all content including, but not limited to, photographs, illustrations, icons, articles, text, audio clips, and video clips (collectively, "Content") that you post, email or otherwise transmit via this Service. We do not control Content accessed, viewed, posted, emailed or otherwise transmitted or received via the Service, and do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Internet, you may be exposed to Content that is offensive, indecent or a violation of individuals' or proprietary rights. You are solely responsible for using reasonable efforts to screen unwanted material. Under no circumstances will we be liable for any Content accessed, viewed, posted, emailed or otherwise transmitted or received via the Service, regardless of where it originated. In addition, you agree not to rely on any Content created or posted by us.

At our sole discretion, we may take any action we deem necessary to minimize liability for us, our affiliates, or our partners, including, but not limited to, removing any Content and/or immediately terminating the Service to a user whose conduct fails to conform with the letter or spirit of these terms and conditions. If we determine a need to monitor the Services, and in our sole discretion, believe that it is reasonable to do so, we will, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or to protect us and our users. Please review our Privacy Policy.

We reserve the right to block any user's access to any Content, Web site or Web page, in our sole discretion.

Prohibited Uses
You agree to use this Service only for lawful purposes and not to allow others to use your account for any unlawful purpose. Use of this Service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law, regulation, ordinance, or other rule imposed by any governmental authority is prohibited. You also agree not to use the Service:

1. in violation of this Agreement or other rules and guidelines that we may promulgate from time to time;
2. to use, transmit, or disseminate any materials that infringe or violate any third party's copyright, trademark, trade secret, privacy, patent, or other proprietary or property right, or in a manner that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation (including laws applicable to exportation of encryption software);
3. to "flood" or disrupt any newsgroup, mailing list, chatroom, or similar forum, including without limitation, by excessive hitting of the return key or scrolling faster than others;
4. to post material to any newsgroup, mailing list, chatroom, or similar forum that is inappropriate or off-topic according to the charter or other public statements of the forum, or established conventions, including without limitation, unsolicited advertisements or large amounts of text or images. You are responsible for determining whether or not a newsgroup, mailing list, chatroom, or similar forum permits the type of message you intend to post;
5. to alter or forge any headers of email messages or any other electronic transmission, in part or whole, to conceal the email address, prevent others from responding to the message(s), or mislead or deceive others as to the identity of the sender of the message(s);
6. to pretend to be someone else;
7. to transmit or disseminate harassing, libelous, abusive, threatening, obscene, defamatory, embarrassing, distressing, annoying, unlawful, tortious, harmful, pornographic, vulgar, racially or ethnically offensive, hateful, or otherwise objectionable materials or materials that are invasive of another's privacy;
8. in any way that harms or has the substantial likelihood of harming any minor;
9. to transmit, disseminate, or upload viruses, worms, any software intended to damage or alter a computer system without the owner's consent, or any other harmful, disruptive, or destructive files or devices;
10. in any way that generates excessive network traffic, adversely affects the ability of others to use the Service, or otherwise disrupts the normal use of the Service, including without limitation, by running excessive numbers of processes; attempting to disrupt the connections of other users; consuming excessive amounts of CPU time, memory or disk space; running multiple simultaneous log ins; using "auto-responders," "cancel-bots" or other similar mechanisms; or "mail-bombing," "news-bombing," or sending excessive amounts of unsolicited email (whether commercial or informational);
11. to transmit, disseminate, or relay advertising, chain letters, pyramid schemes, spam, junk mail, charity requests, petitions, or any other type of unsolicited emailing (whether commercial or informational) to persons or entities that have not agreed to be part of such mailings, or to harvest or collect information about another user for such purposes;
12. to view or intercept email or any other electronic transmission not intended for you;
13. to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any portion of the Service, or offer use of the Service or access to the Service;
14. to get, collect, or store password or account information, or other private information from another user without consent;
15. to stalk or solicit another person against that person's wishes;
16. for high-volume or commercial purposes; or
17. to post or send any fraudulent or misleading offers of products, items, or services.

Usage
We allow no more than one (1) dial-up connection from a user's account at a time. We reserve the right to terminate a user's online session at any time.

Your usage of the Service is subject to hour limitations, depending on the plan you have selected. We have no obligation to continue to provide service to you once you have reached the hour limitation applicable to you. We may cause upgraded Service-related software to be automatically downloaded to your computer. The connection time for such downloads will count toward the hour limitation applicable to you, if any.

System and Network Security
Violations or abuses of system or network security of the Service are prohibited, and may subject you to criminal and/or civil liability. We will investigate potential security violations, and may notify applicable law enforcement agencies if violations are suspected. You may not interfere or attempt to interfere with the security of the Service or the system resources of the Service. You may not circumvent or attempt to circumvent the authentication procedures or security of the Service or any host, network, network component, or account to access data, accounts, or systems that you are not expressly permitted to access. You may not use or attempt to use another person's or entity's account, service, network, or system without authorization. You may not interfere or attempt to interfere with any other user, host, system, or network on the Internet unless expressly permitted to do so.

Violation of Agreement
If we and/or our affiliates, partners, or providers become aware of possible violations of the letter or intent of this Agreement, we may, in our sole discretion, initiate an investigation, suspend or terminate the account, remove materials from our servers, cancel newsgroup posts, issue a warning, block any prohibited activity, or take any other responsive action. You agree to respond in a timely manner to any complaints. We and our affiliates, partners, or providers reserve the right to assess a charge of $500.00 (five hundred dollars) per complaint received by us or our affiliates, partners, or providers and to recover damages for such complaints for any harm done to the system or Service or for employee hours devoted to responding to complaints. Nothing contained in this Agreement shall be construed to limit the actions we and/or our affiliates, partners, or providers may take or remedies available to us and/or our affiliates, partners, or providers in any way with respect to any prohibited activity or conduct.

Users who violate this Agreement may additionally incur criminal and/or civil liability. We may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with their investigations of any suspected civil or criminal violations, or any other wrongdoing.

Non-enforcement of any provision of this Agreement does not constitute consent or waiver, and we reserve the right to enforce such provision(s) in our sole discretion.

Indemnity
You agree to indemnify and hold us and our subsidiaries, affiliates, partners, telecommunications providers, service providers, officers, employees and agents harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of the use of the Service, any Content you post, email, transmit, or relay to or through the Service, your violation of the Agreement, or your violation of any third-party rights, including without limitation, the infringement by you, or any other user of your account, of any intellectual property or other rights of any person or entity.

LIMITATION OF LIABILITY
IN NO EVENT WILL WE, OUR AFFILIATES, SUPPLIERS, SERVICE PROVIDERS OR OTHER THIRD PARTIES AFFILIATED WITH US BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXTRAORDINARY, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, THE RESULTS OF USE OF THE SERVICE, ANY STORAGE MEDIA RELATED TO THE SERVICE, ANY SOFTWARE CONTAINED ON SUCH STORAGE MEDIA (INCLUDING THIRD-PARTY SOFTWARE), ANY WEB SITES LINKED TO THE SERVICE, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR THE CONTENT ANYWHERE ON THE INTERNET, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF ANY OF OUR SUPPLIERS, SERVICE PROVIDERS OR THIRD-PARTY AFFILIATES, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, MALPRACTICE, FRAUD OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100.00 (ONE HUNDRED DOLLARS). APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

DISCLAIMER OF WARRANTIES
THE SERVICE AND ALL SOFTWARE (INCLUDING THIRD-PARTY SOFTWARE) AND STORAGE MEDIA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. NEITHER WE NOR OUR PARTNERS, PROVIDERS OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, ITS CONTENTS, ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE SERVICE, ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE, OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH THE SERVICE. WE AND OUR PARTNERS, PROVIDERS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUIET ENJOYMENT. NEITHER WE NOR OUR PARTNERS, PROVIDERS OR AFFILIATES WARRANT THAT USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, NEITHER WE NOR OUR PARTNERS, PROVIDERS OR AFFILIATES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, SECURITY, AVAILABILITY, INTEGRITY OR RELIABILITY OF ANY DATA OR INFORMATION OBTAINED THROUGH THE SERVICE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Third-Party Software
The storage media on which the Service software is provided may contain proprietary software of third parties in addition to the Service software. Any such software is provided to you by such third parties and not by us or our partners, providers or affiliates. The use of such software is subject to the terms and conditions of the user agreement for such software. As further provided in the preceding sections entitled "Limitation of Liability" and "Disclaimer of Warranties," neither we nor our partners, providers or affiliates bear any liability for damages resulting from such third-party software or make any warranty with regard to such third-party software.

Termination
You may cease using the Service at any time and let your Hours expire.This is your sole and exclusive remedy with respect to any dissatisfaction with the Service, the terms and conditions set forth in the Agreement, Software License Agreement and other policies (as may be updated from time to time). We reserve the right to restrict access to the Service to any user, and may at any time in our sole discretion with or without notice and with or without cause immediately deny access to the Service. If we terminate your account, we will refund to you the unused portion of your Hours; such refund will constitute our entire liability and your sole remedy for the termination of your account.

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) at any time with or without notice. You agree that we shall not be liable to you or to any third party for any modification or temporary suspension of the Service. If you don't agree to any modification to the Service, or to any of the terms in this Agreement, your only remedy is to cancel your account and discontinue your use of the Service. If we permanently discontinue the entire Service for all users, we will refund to you the unused portion of your Hours, and such partial refund will constitute our entire liability and your sole remedy for our discontinuation of the Service.

General
The Agreement shall be governed by and construed in accordance with the laws of the state of California as it is applied to contracts entered into by residents of the state of California. You also consent to the exclusive jurisdiction of the state and federal courts in Santa Clara County, California, and to the exercise of personal jurisdiction of the courts therein. If any provision(s) of the Agreement is (are) found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with the other provisions remaining in full force and effect. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. You and we agree that any cause of action arising out of or related to this Agreement or the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. These terms and conditions (including the Software License Agreement and the Budget Dialup Privacy Statement, each incorporated herein or by reference) constitute the entire agreement between you and us with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this Agreement to any other party.