DANICA COMPUTING, INC.
HIGH-SPEED INTERNET SERVICES SUBSCRIBER AGREEMENT AND ACCEPTABLE USE POLICY

DANICA COMPUTING, INC. ("DANICA COMPUTING, INC.") AGREES TO PROVIDE AND DANICA COMPUTING, INC. HIGH-SPEED INTERNET SERVICES SUBSCRIBER ("SUBSCRIBER") AGREES TO RECEIVE ACCESS TO THE DANICA COMPUTING, INC. INTERNET SERVICE AND OTHER SERVICES AS DESCRIBED IN RELATED DANICA COMPUTING, INC. PRODUCT DATA SHEETS ACCORDING TO THE FOLLOWING TERMS AND CONDITIONS:

ALL PROVISIONS OF DANICA COMPUTING, INC.'S SUBSCRIBER AGREEMENT ("AGREEMENT") APPLY TO THE SUBSCRIBER'S ACCOUNT. CONTINUED USE OF DANICA COMPUTING, INC. SERVICES CONSTITUTES FULL ACCEPTANCE OF THIS AGREEMENT.

I. GENERAL GUIDELINES

1. DANICA COMPUTING, INC. STRIVES TO PROVIDE A COMMERCIALLY VIABLE AND USEFUL SET OF INTERNET SERVICES THAT EXCEED THE QUALITY AND RELIABILITY OF OTHER SERVICES TARGETED TOWARDS RESIDENTIAL AND BUSINESS CUSTOMERS.

2. THIS ACCEPTABLE USE POLICY IS INTENDED TO PROTECT DANICA COMPUTING, INC. AND THE CUSTOMERS OF DANICA COMPUTING, INC. FROM BEING IMPACTED BY ABUSIVE BEHAVIOR AND MISUSE OF THE SERVICE. IN GENERAL THE INTERNET COMMUNITY RESPONDS TO UNACCEPTABLE BEHAVIOR OF ONE OR TWO IRRESPONSIBLE USERS BY ATTACKING THE NETWORK THAT PROVIDES ACCESS. A NETWORK OF GOOD INTERNET CITIZENS RECEIVES FEW ATTACKS.

3. IN GENERAL, THE ACCEPTABLE USE POLICY IS THAT ANY USE OF DANICA COMPUTING, INC. FOR INAPPROPRIATE AND/OR ILLEGAL ACTIVITIES OF ANY KIND, INCLUDING UNAUTHORIZED USE (OR ATTEMPTED UNAUTHORIZED USE) OF DANICA COMPUTING, INC.'S NETWORK SERVERS OR OTHER COMPUTERS ON THE INTERNET IS PROHIBITED.

4. ANY ACTIVITY WHICH RESULTS IN "DENIAL OF SERVICE" TO ANYONE, EITHER ON DANICA COMPUTING, INC., OR ON THE INTERNET IS PROHIBITED.

5. "UNLIMITED" ACCESS MEANS “SUBSCRIBERS WILL BE ABLE TO USE THE DANICA COMPUTING, INC. HIGH-SPEED NETWORK  24 HOURS PER DAY. (SEE SUBSCRIBER AGREEMENT AND ACCEPTABLE USE POLICIES.)

6. UNSOLICITED ELECTRONIC MAIL ADVERTISEMENTS("SPAMMING")IS PROHIBITED.

7. SERVER SERVICES LIKE WEB SERVERS, FTP SERVERS, DATA SERVER LIKE, BUT NOT LIMITED TO, NAPSTER, IMESH, LIME WIRE ET AL, AND OTHER FILE SHARING SOFTWARE IS PROHIBITED. 

 II. USAGE

1. WHEN NECESSARY, THE SYSTEM WILL SHUT DOWN BETWEEN 4:00AM-APPROX 5:00AM FOR ROUTINE MAINTENANCE, SUCH AS BACKING UP, UPDATING USER INFORMATION, ETC. THE AVERAGE DOWN TIME IS BETWEEN 45 MINUTES AND 1-1/2 HOURS, BUT GENERALLY DOES NOT EXCEED 1 HOUR.

2. THE BENEFITS OR RIGHTS CONFERRED BY THIS AGREEMENT ARE NONTRANSFERABLE. USE OF DANICA COMPUTING, INC. ACCOUNTS IS EXPRESSLY LIMITED TO THE INDIVIDUAL(S) OR BUSINESS WHOSE NAME(S) APPEAR(S) ON THE ACCOUNT.

3. DANICA COMPUTING, INC. CUSTOMER AGREES TO USE THE SERVICE IN A MANNER CONSISTENT WITH ANY AND ALL APPLICABLE LAWS. DANICA COMPUTING, INC. WILL COOPERATE WITH THE APPROPRIATE LAW ENFORCEMENT AGENCIES INVESTIGATING CLAIMS OF ILLEGAL ACTIVITY.

4. SUBSCRIBER AGREES TO FOLLOW THE ACCEPTABLE USE POLICY OF ANY NETWORK DANICA COMPUTING, INC. CUSTOMER CONNECTS TO, INCLUDING DANICA COMPUTING, INC.'S SYSTEM.

5. RESELLING OF DANICA COMPUTING, INC. SERVICES, INCLUDING WEB SPACE, OR E-MAIL IS PROHIBITED, EXCEPT AS EXPRESSLY PROVIDED BY DANICA COMPUTING, INC.

6. SUBSCRIBER IS RESPONSIBLE FOR ALL USE OF SUBSCRIBER'S ACCOUNT(S) AND CONFIDENTIALLY OF PASSWORD(S). DANICA COMPUTING, INC. WILL SUSPEND ACCESS OR CHANGE ACCESS TO SUBSCRIBER'S ACCOUNT(S) IMMEDIATELY UPON NOTIFICATION BY SUBSCRIBER THAT HIS/HER PASSWORD HAS BEEN LOST, STOLEN OR OTHERWISE COMPROMISED. DANICA COMPUTING, INC. IS NOT LIABLE FOR ANY USAGE AND OR CHARGES PRIOR TO DANICA COMPUTING, INC. MAKING THE NECESSARY ACCOUNT ALTERATION.

7. SUBSCRIBER AGREES TO PAY PROVIDER ALL CHARGES RELATING TO THE USE OF SUBSCRIBER'S ACCOUNT(S) ACCORDING TO EFFECTIVE PRICES.

8. DANICA COMPUTING, INC. RESERVES THE RIGHT TO CHANGE PRICES ON 30 DAYS NOTICE PUBLISHED ON-LINE.

9. DANICA COMPUTING, INC. RESERVES THE RIGHT TO SUSPEND ACCESS TO SERVICE FOR SUBSCRIBER'S ACCOUNT(S) UPON AN INDICATION OF CREDIT PROBLEMS INCLUDING RETURNED CHECKS, DECLINED CREDIT CARD AND BUSINESS BILLING ACCOUNTS 10 DAYS OR MORE DELINQUENT.

9(A). THERE IS A $12.00 CHARGE FOR ALL RETURNED CHECKS. RETURNED CHECK CHARGES MUST BE PAID TO RE-ESTABLISH SERVICE.

9(B). THERE IS A $12.00 CHARGE FOR ALL DECLINED CREDIT CARDS. DECLINED CREDIT CARD CHARGES MUST BE PAID TO RE-ESTABLISH SERVICE.

10. DISCLAIMER: THE DANICA COMPUTING, INC. SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO DANICA COMPUTING, INC. OR ANY INFORMATION OR SOFTWARE THEREIN. SUBSCRIBER IS NOT ENTITLED TO ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY DANICA COMPUTING, INC. OR ITS PROVIDERS. SUBSCRIBER ACKNOWLEDGES THAT DANICA COMPUTING, INC. MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, REGARDING THE RELIABILITY OR SUITABILITY PURPOSE OF ITS SERVICES. DANICA COMPUTING, INC. DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUBSCRIBER ACKNOWLEDGES THAT DANICA COMPUTING, INC. EXERCISES NO CONTROL OVER THE NATURE, CONTENT, OR RELIABILITY OF THE INFORMATION DELIVERED TO SUBSCRIBER FROM THE INTERNET VIA DANICA COMPUTING, INC..

11. DANICA COMPUTING, INC. RESERVES TO RIGHT TO CHANGE WITHOUT NOTICE THE DANICA COMPUTING, INC. SERVICE, INCLUDING, BUT NOT LIMITED TO, ACCESS PROCEDURES, HOURS OF OPERATION, MENU STRUCTURES, COMMANDS, DOCUMENTATION, VENDORS AND SERVICES OFFERED.

12. DANICA COMPUTING, INC. IS NOT RESPONSIBLE FOR SUBSCRIBER'S FILES RESIDING ON DANICA COMPUTING, INC.. SUBSCRIBER IS RESPONSIBLE FOR INDEPENDENT BACKUP OF HIS HER DATA STORED ON DANICA COMPUTING, INC..

13. DANICA COMPUTING, INC. RESERVES THE RIGHT TO DELETE CUSTOMERS FILES AFTER ONE OR BOTH PARTIES TERMINATES AGREEMENT.

14. DANICA COMPUTING, INC. RESERVES THE RIGHT IN ITS SOLE DISCRETION TO REMOVE FROM PUBLIC VIEW ANY INFORMATION ENTERED INTO DANICA COMPUTING, INC. BY SUBSCRIBER. DANICA COMPUTING, INC. AND ITS AUTHORIZED REPRESENTATIVES SHALL HAVE THE RIGHT, BUT SHALL NOT BE OBLIGATED, TO EDIT PUBLICLY VIEWABLE INFORMATION.

15. SUBSCRIBER HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON DANICA COMPUTING, INC. THROUGH DANICA COMPUTING, INC. SUBSCRIBER'S ACCOUNT(S) DOES NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING OBSCENE OR LIBELOUS. SOFTWARE INTENDED TO FACILITATE ANY SUCH VIOLATIONS OR INFRINGEMENTS MAY NOT BE STORED ON DANICA COMPUTING, INC..

16. DANICA COMPUTING, INC., AT ITS SOLE BUSINESS JUDGMENT, MAY TERMINATE THIS AGREEMENT IMMEDIATELY OR SUSPEND SUBSCRIBER'S ACCESS TO THE SERVICE UPON ANY BREACH OF THIS AGREEMENT BY SUBSCRIBER, INCLUDING, BUT NOT LIMITED TO, REFUSAL OR FAILURE TO PAY FOR SERVICES PROVIDED OR BY SOLE JUDGMENT OF DANICA COMPUTING, INC. THAT SUBSCRIBER MAY BE PERFORMING ACTIVITIES HARMFUL TO DANICA COMPUTING, INC. OR ITS SUBSCRIBERS, EMPLOYEES, VENDORS, BUSINESS RELATIONSHIPS OR ANY OTHER SUBSCRIBERS.

17. THE FOLLOWING VIOLATIONS OF "NETIQUETTE" ARE GROUNDS FOR IMMEDIATE SUSPENSION OF SERVICE PENDING INVESTIGATION BY DANICA COMPUTING, INC. AND WILL RESULT IN TERMINATION OF THE ACCOUNT(S) THE INVESTIGATION DETERMINES TO HAVE ORIGINATED OR TRANSMITTED THESE TYPES OF TRAFFIC.

(17A) POSTING A SINGLE ARTICLE OR SUBSTANTIALLY SIMILAR ARTICLES TO AN EXCESSIVE NUMBER OF NEWSGROUPS I.E., 20 OR MORE OR CONTINUED POSTING OF ARTICLES WHICH ARE OFF-TOPIC E.G., OFF-TOPIC ACCORDING TO THE NEWSGROUP CHARTER OR THE ARTICLE PROVOKES COMPLAINTS FROM THE REGULAR READERS OF THE NEWSGROUP FOR BEING OFF-TOPIC.

(17B) SENDING UNSOLICITED COMMERCIAL E-MAILING (I.E., TO MORE THAN 25 E-MAIL ADDRESSES) WHICH PROVOKE COMPLAINTS FROM THE RECIPIENTS.

(17C) ENGAGING IN EITHER (A) OR (B) FROM A PROVIDER OTHER THAN DANICA COMPUTING, INC. HIGH-SPEED INTERNET SERVICES AND USING AN ACCOUNT ON DANICA COMPUTING, INC. AS A MAIL DROP FOR RESPONSES.

(17D) CONTINUED HARASSMENT OF OTHER INDIVIDUALS ON THE INTERNET AFTER BEING ASKED TO STOP BY THOSE INDIVIDUALS AND BY DANICA COMPUTING, INC..

(17E) IMPERSONATING ANOTHER SUBSCRIBER OR OTHERWISE FALSIFYING ONE'S SUBSCRIBER NAME IN E-MAIL, USENET POSTINGS, ON IRC, OR WITH ANY OTHER INTERNET SERVICE. (THIS DOES NOT PRECLUDE THE USE OF NICKNAMES IN IRC OR THE USE OF ANONYMOUS REMAILER SERVICES.)

(17F) USE OF CHAT/IRC "BOTS" ON DANICA COMPUTING, INC., WHETHER ON OUR CHAT/IRC SERVER OR ON ANY OTHER. SUCH SOFTWARE MAY NOT BE USED ON DANICA COMPUTING, INC. HIGH-SPEED INTERNET SERVICES.

(17G)USE OF NETWORK SERVERS LIKE WEB SERVERS, FTP SERVER, MAIL SERVERS AND  DATA AND MUSIC SERVERS LIKE, BUT NOT LIMITED TO, NAPSTER, IMASH, LIME WIRE ARE PROHIBITED.  IT IS SUBSCRIBERS RESPONSIBILITY TO DISABLE THE SERVER SERVICE IN THESE SOFTWARE PACKAGES BEFORE USING THEM ON THE DANICA HIGH-SPEED INTERNET SERVICE.

(17H)USE OF NETWORK GATEWAY ROUTERS AND/OR PROXY SERVERS FOR THE PURPOSE OF USING MULTIPLE COMPUTERS ON A SINGLE NETWORK SUBSCRIPTION IS PROHIBITED.  DANICA COMPUTING, INC. RESERVES THE RIGHT TO TAKE LEGAL ACTION IF THIS CONDITION IS DISCOVERED.

18. SUBSCRIBERS WHOSE ACCOUNTS ARE TERMINATED FOR ANY OF THE ABOVE INFRACTIONS ARE ALSO RESPONSIBLE FOR THE COST OF LABOR TO CLEANUP AND RESPOND TO COMPLAINTS INCURRED BY DANICA COMPUTING, INC.

19. THIS DOCUMENT AND THE RIGHTS AND DUTIES OF THE PARTIES SHALL BE GOVERNED BY AND INTERPRETED ACCORDING TO THE LAWS OF THE STATE OF NEW YORK.

20. DANICA COMPUTING, INC. MAY MODIFY THESE TERMS AND CONDITIONS UPON NOTICE PUBLISHED ON-LINE VIA DANICA COMPUTING, INC. SUBSCRIBER'S USE OF DANICA COMPUTING, INC. SERVICES AFTER SUCH NOTICE SHALL CONSTITUTE SUBSCRIBER'S ACCEPTANCE OF THE MODIFICATIONS TO THIS AGREEMENT.

21. NON-ENFORCEMENT OF ANY SECTION OF THIS AGREEMENT DOES NOT CONSTITUTE CONSENT AND DANICA COMPUTING, INC. RESERVES THE RIGHT TO ENFORCE THIS AGREEMENT AT ITS SOLE DISCRETION.

22. IF ANY ONE OR MORE PARAGRAPHS IN THIS AGREEMENT IS FOUND TO BE UNENFORCEABLE OR INVALID, SUBSCRIBER'S AND DANICA COMPUTING, INC.'S AGREEMENT ON ALL OTHER PARAGRAPHS SHALL REMAIN VALID.

23. FAILURE TO USE THIS ACCOUNT(S) DOES NOT RELIEVE THE SUBSCRIBER OF PAYMENT OBLIGATIONS, EXCEPT AS SPECIFICALLY PROVIDED IN THIS CONTRACT.

24. IN THE EVENT THE SUBSCRIBER DEFAULTS ON THIS CONTRACT, DANICA COMPUTING, INC. MAY SUSPEND OR REVOKE THE SUBSCRIBER'S ACCESS AND SERVER PRIVILEGES AND THE SUBSCRIBER MAY HAVE TO REAPPLY FOR SERVICE AT THE PRICE DANICA COMPUTING, INC. IS CHARGING TO NEW CUSTOMERS. THE CUSTOMER AGREES TO PAY DANICA COMPUTING, INC.'S REASONABLE ATTORNEY'S FEES AND COURT COSTS, WHERE PERMITTED, IN COLLECTING THE AMOUNT REMAINING IN THE SUBSCRIBER'S CONTRACT AS STATED IN THE SALES ORDER.

25. COMMUNICATION SYSTEMS ARE OCCASIONALLY SUBJECT TO DEGRADATION OF SERVICE FROM PHENOMENA SUCH AS SO-CALLED "LINE-NOISE" INTERFERENCE AND OTHER CAUSES BEYOND THE REASONABLE CONTROL OF DANICA COMPUTING, INC.

26. DANICA COMPUTING, INC. MAY ASSIGN THIS ORDER, ITS RIGHTS HERE UNDER AND ITS OWNERSHIP OF SAID SERVICE AND COMMITMENT AT ANYTIME WITHOUT NOTICE.

27. IN ADDITION TO ANY PRICE SPECIFIED HEREIN, SUBSCRIBER SHALL PAY THE GROSS AMOUNT OF ANY PRESENT OR FUTURE SALES, USE, EXCISE, VALUE ADDED OR OTHER SIMILAR TAXES APPLICABLE TO THE PRICE, SALES OR DELIVERY OF ANY PRODUCTS OR SERVICES FURNISHED HERE UNDER OR TO THEIR USE BY CUSTOMER.

28. DANICA COMPUTING, INC. RESERVES THE RIGHT TO COLLECT DAMAGES (SOFTWARE, HARDWARE & MAN HOURS) IF ANY HARM IS DONE TO DANICA COMPUTING, INC. WHICH REQUIRES REPAIR OR RECONFIGURATION OF ANY KIND.

III. USENET NEWSGROUPS

DANICA COMPUTING, INC. PLACES NO CONTENT RESTRICTIONS ON NEWSGROUPS EXCEPT THAT:

1. ILLEGAL CONTENT IS PROHIBITED

2. USE OF COPYRIGHTED TEXT OR IMAGES WITHOUT THE AUTHORS EXPRESSED WRITTEN PERMISSION IS PROHIBITED

3. POSTING OF 20 OR MORE COPIES OF THE SAME ARTICLE ('SPAMMING'), IS PROHIBITED.

4. CONTINUED POSTING OF OFF-TOPIC ARTICLES IS PROHIBITED. COMMERCIAL ADVERTISEMENTS ARE OFF-TOPIC IN VIRTUALLY ALL USENET NEWSGROUPS (EXCEPTIONS INCLUDE THE BIZ.* HIERARCHY).

IV. E-MAIL

1. SENDING HARASSING OR MASS UNSOLICITED COMMERCIAL E-MAIL (KNOWN ON THE INTERNET AS 'SPAMMING') IS PROHIBITED. FORGING HEADER INFORMATION IN E-MAIL IS PROHIBITED.

DANICA COMPUTING, INC. POLICY PROHIBITS UNSOLICITED ELECTRONIC MAIL ADVERTISEMENTS("SPAMMING") UNDER NEW YORK ASSEMBLY BILL 1629

USE OF PROGRAMS SUCH AS MFLASH(TM) IS PROHIBITED.

2. DANICA COMPUTING, INC. ENCOURAGES THE USE OF ENCRYPTION FOR PRIVATE AND/OR SENSITIVE COMMUNICATIONS. DANICA COMPUTING, INC. RESPECTS THE PRIVACY OF CUSTOMERS, HOWEVER, DANICA COMPUTING, INC. RESERVES THE RIGHT TO ACCESS SUBSCRIBERS MAILBOXES AS NECESSARY TO RESOLVE MAIL SYSTEM PROBLEMS.

V. INTERNET RELAY CHAT, IRC

1. USE OF IRC BOTS ON ANY OF DANICA COMPUTING, INC.'S SERVERS IS PROHIBITED. IMPERSONATING OTHER DANICA COMPUTING, INC. CUSTOMERS BY FORGING ONE'S E-MAIL ADDRESS IS PROHIBITED. FLOODING, CLONING, SPOOFING, HARASSMENT, OR OTHERWISE HINDERING THE ABILITY OF OTHERS TO PROPERLY USE CHAT OR IRC IS PROHIBITED.

VI. NETMEETING

1. USE OF NETMEETING FOR ILLEGAL ACTIVITIES IS PROHIBITED. SPOOFING, HARASSMENT, OR OTHERWISE HINDERING THE ABILITY OF OTHERS TO PROPERLY USE NETMEETING IS PROHIBITED.

VII. WORLD WIDE WEB HOSTED SITES

1. USE OF WEB PAGES HOSTED ON DANICA COMPUTING, INC.'S SERVERS IS ONLY FOR THE SUBSCRIBING COMPANY OR INDIVIDUAL. RESELLING WEB SPACE, SELLING ADVERTISING WITHIN A SUBSCRIBERS WEB PAGE AND VIRTUAL SITE IS PROHIBITED UNLESS AUTHORIZED BY DANICA COMPUTING, INC..

2. USE OF COPYRIGHTED TEXT OR IMAGES WITHOUT THE AUTHORS EXPRESSED WRITTEN PERMISSION IS PROHIBITED

3. WEB SITES ARE NOT TO PRODUCE CHAT (IRC) TRAFFIC.

4. DANICA COMPUTING, INC. RESERVES THE RIGHT TO MOVE SUBSCRIBERS HOSTED WEB SITES TO OTHER DANICA COMPUTING, INC. SERVERS TO ACCOMMODATE NETWORK TRAFFIC DEMANDS.

VIII. HOSTED STOREFRONTS/E-COMMERCE

ELECTRONIC STORES, WHETHER PROVIDED BY DANICA COMPUTING, INC., OR PROVIDED BY SUBSCRIBER, ARE INDIVIDUALLY OWNED AND OPERATED BY THE SUBSCRIBER AND IS THE SOLE RESPONSIBILITY OF THAT SUBSCRIBER.

DISCLAIMER: DANICA COMPUTING, INC. SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO DANICA COMPUTING, INC. OR ANY INFORMATION OR SOFTWARE THEREIN. SUBSCRIBER IS NOT ENTITLED TO ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY DANICA COMPUTING, INC. OR ITS PROVIDERS.

DANICA COMPUTING, INC. EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF:
FOR THE ACTIVITIES OF ANY SUBSCRIBER; THE GOODS OR SERVICES OFFERED OR THE CONTENT DISPLAYED BY OR IN ANY STORE; FOR ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS ANY STORE; OR ARISING OUT OF THE PURCHASE OR USE OF THE GOODS OR SERVICES OF ANY STORE.

IX. HACKING/CRACKING SOFTWARE, UTILITIES, OR FILES

1. ANY PROGRAM, UTILITY, OR FILE THAT CAN BE USED TO ALLOW UNAUTHORIZED ACCESS OR GAIN UNAUTHORIZED INFORMATION ABOUT A COMPUTER, NETWORK, OR FILE IS PROHIBITED. STORAGE OF THESE ARCHIVED PROGRAMS, SOFTWARE, UTILITIES, OR FILES IN AN ARCHIVED FORMAT AND ONLY FOR PERSONAL USE OR DOWNLOAD IS ACCEPTABLE. REMOVING SUCH FILES FROM THEIR ARCHIVED OR COMPRESSED STATE, ATTEMPTS TO RUN AND/OR ATTEMPTING TO COMPILE OR USE SUCH SOFTWARE IS PROHIBITED.

2. DANICA COMPUTING, INC. WILL COOPERATE WITH THE APPROPRIATE LAW ENFORCEMENT AGENCIES INVESTIGATING CLAIMS OF ILLEGAL ACTIVITY.

X. CANCELLATION POLICY

1. CANCELLATION OF NEW ACCOUNTS. PREPAID ACCOUNTS-DO NOTHING, (EXCEPT ACCOUNTS ON 'AUTOMATIC MONTHLY PAYMENT'-SEE PARAGRAPH 3 BELOW) YOUR ACCOUNT WILL AUTOMATICALLY EXPIRE WHEN YOUR TIME RUNS OUT. MONTHLY BILLING ACCOUNTS-BILLING PERIODS BEGIN ON THE FIRST OF EACH MONTH. TO CANCEL YOUR ACCOUNT NOTIFY DANICA COMPUTING, INC. IN WRITING WITHIN 5 DAYS OF ACCOUNT ACTIVATION. IF YOU FAIL TO DO SO YOU WILL BE CHARGED FROM THE DATE OF ACTIVATION FOR ONE FULL MONTH.

2. MONTHLY BILLING ACCOUNTS ONLY: CANCELLATION OF EXISTING ACCOUNTS AFTER 5 DAYS OF ACCOUNT ACTIVATION. ANY CANCELLATION DURING THE MONTHLY BILLING PERIOD WILL BE CONSIDERED CANCELED AS OF THE LAST DAY OF THE BILLING PERIOD.

3. ALL REQUESTS FOR CANCELLATION MUST BE SUBMITTED IN WRITING EITHER BY US MAIL, E-MAIL, OR FAX. YOUR ACCOUNT IS NOT CONSIDERED CANCELED UNTIL YOU HAVE RECEIVED A RESPONSE FROM DANICA COMPUTING, INC. VIA THE SAME METHOD AS ABOVE.

4. DSL ACCOUNTS: SEE SECTION XI. DIGITAL SUBSCRIBER LINE ("DSL") SUBSCRIBERS

5. ALL REQUESTS FOR CANCELLATION ARE ALWAYS VERIFIED BY DANICA COMPUTING, INC. BY A CONFIRMATION NUMBER. KEEP A RECORD OF THIS CONFIRMATION NUMBER, AND REFER TO IT IN ANY CORRESPONDENCE REGARDING YOUR CANCELLATION.

6. DANICA COMPUTING, INC. RESERVES THE RIGHT TO REFUSE OR TERMINATE SERVICE TO SUBSCRIBER AT ANY TIME.

XI. DIGITAL SUBSCRIBER LINE ("DSL") SUBSCRIBERS

1. SUBSCRIBERS WHO ORDERED DSL AGREE TO BE BOUND BY THIS ENTIRE ACCEPTABLE USE POLICY, TOGETHER WITH THE FOLLOWING TERMS AND CONDITIONS:
1A. BILLING. UNLESS OTHERWISE SPECIFIED, DSL SUBSCRIBERS MONTHLY RECURRING CHARGES ("MRC") ARE BILLED ONE MONTH IN ADVANCE AND ARE DUE ON THE FIRST OF THE MONTH OF SERVICE.
WHERE APPLICABLE, SERVICE CHARGES FOR THE INITIAL MONTH OF SERVICE SHALL BE PRO-RATED AND BILLED PRIOR TO THE START OF SERVICE.
MONTHLY FEES ARE NON-REFUNDABLE. PAST-DUE ACCOUNTS WILL BE CHARGED A 1.5% LATE FEE PER MONTH ON ANY UNPAID PAST DUE BALANCE.
1B. TAXES. ALL PRICING IS SUBJECT TO ANY APPLICABLE STATE AND LOCAL TAXES.
1C. DISCLAIMER. SUBSCRIBER ACKNOWLEDGES THAT DANICA COMPUTING, INC. MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, REGARDING THE RELIABILITY OR SUITABILITY PURPOSE OF ITS SERVICES. DANICA COMPUTING, INC. DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUBSCRIBER ACKNOWLEDGES THAT DANICA COMPUTING, INC. EXERCISES NO CONTROL OVER THE NATURE, CONTENT, OR RELIABILITY OF THE INFORMATION DELIVERED TO SUBSCRIBER FROM THE INTERNET VIA DANICA COMPUTING, INC.. UNDER NO CIRCUSTANCES SHALL DANICA COMPUTING, INC. BE HELD RESPONSIBLE FOR DAMAGES OR LOSSES SUFFERED BY SUBSCRIBER, INCLUDING BUT NOT LIMITED TO, ERRORS, DELAYS, LOSS OF INFORMATION, OR INTERRUPTIONS IN SERVICE CAUSED BY SUBSCRIBERS, OR DANICA COMPUTING, INC.'S, OR A THIRD-PARTY'S NEGLIGENCE, FAULT, MISCONDUCT, OR FAILURE TO PERFORM. SUBSCRIBER ACKNOWLEDGES THAT INTERNET ACCESS SERVICE MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE, AND FOR OTHER REASONS WITHIN AND OUTSIDE OF THE CONTROL OF DANICA COMPUTING, INC.. UNDER NO CIRCUMSTANCES, DO ANY SUCH ERRORS, DELAYS, LOSS OF INFORMATION, OR INTERRUPTIONS IN SERVICE NULLIFY OR MODIFY THIS AGREEMENT OR ANY OTHER AGREEMENT OR CONTRACT ENTERED INTO BY SUBSCRIBER AND DANICA COMPUTING, INC..
1D. TERMINATION. DANICA COMPUTING, INC. RESERVES THE RIGHT TO REFUSE OR TERMINATE SERVICE TO SUBSCRIBER AT ANY TIME.
PAST DUE ACCOUNTS ARE SUBJECT TO TERMINATION WITHOUT PRIOR NOTICE. TO RESTORE SERVICE, A $25 RE-ACTIVATION CHARGE WILL APPLY. SUBSCRIBER WILL BE LIABLE FOR ALL PAST DUE CHARGES AND ANY EARLY TERMINATION FEES IF ACCOUNT IS NOT BROUGHT CURRENT AND SERVICE RESTORED.
TERMINATION FEES OR CHARGES ARE BILLED IN ONE LUMP SUM AND ARE PAYABLE IMMEDIATELY UPON TERMINATION.
1D1. SUBSCRIBERS WITH A TERM CONTRACT COMMITMENT: IF SUBSCRIBER TERMINATES SERVICE PRIOR TO THE COMPLETION OF THE TERM CONTRACT ORDERED, CLIENT AGREES TO PAY AN EARLY TERMINATION FEE OF $200, PLUS THE REMAINDER OF THE CONTRACT, EQUIPMENT CHARGES, AND ANY OUTSTANDING BALANCES OWED TO DANICA COMPUTING, INC.. TERMINATION OF SERVICE MUST BE IN WRITING WITH A NINETY-DAY NOTICE. NOTICE OF TERMINATION MUST BE SENT TO: DANICA COMPUTING, INC. ONLINE SERVICES, 355 MAPLE AVENUE, TORRANCE, CA 90503
1D2. SUBSCRIBERS WITHOUT A TERM CONTRACT COMMITMENT: SUBSCRIBER AGREES THAT TERMINATION OF SERVICE MUST BE IN WRITING WITH A SIXTY-DAY NOTICE. SUBSCRIBER FURTHER AGREES THAT FAILURE TO GIVE A WRITTEN SIXTY-DAY NOTICE IS SUBJECT TO A TERMINATION FEE EQUAL TO TWO MONTHS SERVICE. NOTICE OF TERMINATION MUST BE SENT TO: DANICA COMPUTING, INC. HIGH-SPEED INTERNET SERVICES, 309 NORTH TIOGA STREET, ITHACA, NY 14850.
1E. INSIDE WIRING. ANY INSIDE WIRING REQUIREMENTS ARE THE RESPONSIBLITY OF THE CUSTOMER.
1F. IP ADDRESSES. IP ADDRESS ARE NOT PORTABLE AND ARE NOT ASSIGNED FOR INDEPENDENT ADMINISTRATION OR DISTRIBUTION. SUBSCRIBER UNDERSTANDS THAT IP ASSIGNMENTS ARE NOT GUARANTEED, AND MAY BE MODIFIED AS REQUIRED BY DANICA COMPUTING, INC..
1G. RESTRICTIONS. SUBSCRIBER AGREES NOT TO USE ANY SERVERS IN CONJUNCTION WITH DSL SERVICES, INCLUDING BUT NOT LIMITED TO, ELECTRONIC MAIL (E-MAIL) SERVERS, WEB HOSTING SERVERS, DOMAIN NAME SERVICES (DNS) SERVERS AND FILE-TRANSFER-PROTOCOL (FTP) SERVERS. IN THE EVENT THAT ANY SUBSCRIBER ATTEMPTS TO UTILIZE A SERVER ON THE NETWORK, DANICA COMPUTING, INC. MAY, AT ITS SOLE DISCRETION, INCREASE THE FEES ASSOCIATED WITH THE SUBSCRIBERS SERVICES, OR TERMINATE THE SUBSCRIBERS SERVICES.

XII. DIGITAL MILLENNIUM COPYRIGHT ACT (PUBLIC LAW 105-304) POLICY AND PROCEDURES

1. POLICY: USER AGREES THAT DANICA COMPUTING, INC., AT ITS SOLE DISCRETION, MAY
BLOCK ACCESS TO ALLEGED INFRINGING MATERIAL; OR
REMOVE ALLEGED INFRINGING MATERIAL; OR
SUSPEND ANY OR ALL SERVICES TO USER
UPON RECEIPT OF AN INFRINGEMENT COMPLAINT DIRECTED TO ITS DESIGNATED AGENT

1(A). USER FURTHER AGREES THAT DANICA COMPUTING, INC., MAY LOOK INTO THE COMPLAINT, AND REMOVE ANYTHING WE BELIEVE INFRINGING, OR MAY SUSPEND ANY OR ALL ACCESS AND SERVICES WITHOUT RECEIVING FORMAL NOTICE FIRST.

1(B). DANICA COMPUTING, INC. WILL SUSPEND ANY AND ALL ACCESS AND SERVICES IF THE DANICA COMPUTING, INC. DESIGNATED AGENT RECEIVES FORMAL NOTICE OF INFRINGEMENT, AND THE NOTICE INCLUDES:
IDENTIFICATION OF WHAT IS BEING INFRINGED
WHERE THE INFRINGEMENTS ARE LOCATED
WHO IS COMPLAINING
HOW HE OR SHE MAY BE CONTACTED
A STATEMENT OF GOOD FAITH BELIEF THAT THE MATERIAL IS INFRINGING
AND A STATEMENT MADE UNDER THREAT OF PERJURY THAT THE INFORMATION PROVIDED IS ACCURATE AND THE COMPLAINT IS AUTHORIZED BY THE COPYRIGHT HOLDER.

1(C). IF THE NOTICE PROVIDED IS NOT COMPLETE, DANICA COMPUTING, INC. WILL MAKE REASONABLE EFFORTS TO CONTACT THE PERSON COMPLAINING TO OBTAIN THE MISSING INFORMATION.

1(D). UPON SUSPENSION OF ANY OR ALL SERVICES, DANICA COMPUTING, INC. WILL ATTEMPT TO CONTACT USER ABOUT DANICA COMPUTING, INC.'S ACTIONS.

1(E). IF DANICA COMPUTING, INC. RECEIVES A COUNTER-NOTICE FROM USER, AND THE COUNTER-NOTICE INCLUDES:
A STATEMENT, THAT THE USER HAS A GOOD FAITH BELIEF THAT THE SUSPENSION, BLOCKING OF MATERIAL OR REMOVAL OF MATERIAL WAS A RESULT OF A MISTAKE OR MISIDENTIFICATION OF DANICA COMPUTING, INC.'S PART; AND
LISTING USER'S CONTACT INFORMATION; AND
CONSENTING TO JURISDICTION IN FEDERAL COURT
DANICA COMPUTING, INC. WILL ATTEMPT TO GIVE THIS COUNTER-NOTICE TO THE ORIGINAL COMPLAINING PARTY.

1(F). IF DANICA COMPUTING, INC. RECEIVES SUCH A COUNTER-NOTICE, DANICA COMPUTING, INC. WILL RESTORE ACCESS TO THE QUESTIONED MATERIAL IN 10-14 DAYS UNLESS DANICA COMPUTING, INC. RECEIVES NOTICE THAT A LAWSUIT HAS BEEN FILED OVER THE MATERIAL.

2. REPEAT INFRINGEMENTS BY THE SAME USER WILL RESULT IN THE COMPLETE TERMINATION OF ALL ACCESS AND SERVICES PROVIDED TO USER.

XIII. SEVERABILITY
THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION IN THIS AGREEMENT SHALL NOT CAUSE ANY OTHER PROVISION TO BE INVALID OR UNENFORCEABLE.

XIV. HEADINGS
HEADINGS USED IN THIS AGREEMENT ARE PROVIDED FOR CONVENIENCE ONLY AND SHALL NOT BE USED TO CONSTRUE MEANING OR INTENT.

XV. FINAL AGREEMENT
THIS AGREEMENT CONSTITUTES THE FINAL AGREEMENT AND UNDERSTANDING BETWEEN THE PARTIES ON THE SUBJECT MATTER HEREOF AND SUPERSEDES ALL PRIOR UNDERSTANDINGS OR AGREEMENTS WHETHER ORAL OR WRITTEN.

XVI. CONTROLLING LAW
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.

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