also see:  Keyway's Acceptable Use Policy

Revision date: 10/10/2011

Keyway Internet Services (“Keyway”) is dedicated to providing its customers with the highest quality service possible. To maintain the level of quality that our customers have come to expect, it is necessary for some basic terms to apply to your account with Keyway.

These terms and conditions are the same for all Keyway's customers and allow you to have as much freedom on the Internet as possible without infringing upon the rights of others. This agreement represents the complete agreement and understanding between Keyway and the account holder and supersedes any previous written or oral agreement. Keyway may modify these terms and conditions at any time as well as discontinue or modify the services offered effective upon posting at http://www.keyway.net/terms.php. Use of Keyway services or products constitutes acceptance of these "General Terms & Conditions" as well as "Keyway's Acceptable Use Policy".

The account holder agrees to be bound by Keyway's then current General Terms and Conditions which is available at http://www.keyway.net/terms.php. The account holder acknowledges and agrees that Keyway may change the General Terms and Conditions from time to time with notification of such change provided to the account holder via public posting on the Keyway Web Site at: http://www.keyway.net/terms.php.

Clarification on any of these Terms and Conditions is available by sending a mail note to [email protected] or calling 909-933-3650. If you do not agree to these terms and conditions, please notify Keyway at 909-933-3650 and your account will be closed.

Keyway will provide Internet access services to account holders in exchange for fair compensation and compliance with these General Terms and Conditions.

MINORS - Keyway provides services which include access to computer systems not within Keyway' span of control. Many such systems are outside of the United States America and therefore may not comply with the laws and customs of the United States of America. Such computer sites may maintain material unsuitable for minors, and even material possibly deemed illegal in some countries. The account holder agrees to accept full responsibility for all material encountered while accessing the Internet and hold Keyway free from liability for actions of the account holder, or material encountered by the account holder which the account holder may find unsuitable or offensive. The services provided by Keyway (“Services”) are intended for use by adults or mature teenagers under adult supervision. You acknowledge that areas accessible on or through the Services may contain material unsuitable for a minor.

If you are a minor, your parent or legal guardian must enter into this agreement; you may not use the Services without adult permission and supervision. If you are a parent or guardian, you agree to directly supervise the use of the Services by, and be fully responsible for, any minor whom you permit to use the Services. You also agree that you will defend, indemnify and hold Keyway harmless from and against any and all claims, liability or expenses arising out of your minor's use of the Services.

By using the Services, you warrant that you are not a "minor," i.e., under the age of 13, or are using the Services only under the express supervision of your parent or legal guardian who has entered into this agreement.

Keyway does not collect personally identifiable information from any person we actually know to be a child under the age of 13.

CONSENT TO MONITORING - Keyway does not normally in the course of business intentionally monitor, record, and/or intercept it's customer files, data, electronic mail or other private materials (hereinafter known as Customer Data) stored on Keyway computers or passing through Keyway�s computer network. However, the following exceptions to this policy may be made: (1) In the event we are asked to cooperate with Law Enforcement Agencies by assisting with such monitoring, or (2) when necessary for the safety and security of Keyway (for example to prevent unauthorized access by hackers/crackers), or (3) when necessary to remedy abuses, AUP violations, and/or T&C violations by customer, or (4) in the event that Keyway determines a necessity. By using Keyway's services, the customer consents to monitoring, recording, and/or interception of their activity and/or Customer Data by Keyway, without notice, and at Keyway�s sole discretion. In plain english, by using Keyway services you give Keyway permission to investigate you if Keyway thinks you are doing something wrong.

CONTENT - The account holder also understands that information available through the Internet may not be accurate. Keyway makes no warranty, either expressed or implied, regarding the accuracy or validity of information received or retrieved by the account holder. Use of information obtained from or through Keyway is at the risk of the account holder. The account holder agrees to hold Keyway harmless from any claims, including attorney's fees, resulting from the account holder receiving Keyway which cause damage to themselves or other person(s).

LAWFUL USE - The account holder agrees to obey all applicable local, state, and federal laws while maintaing an account with Keyway and/or using the Services. The account holder is responsible for knowing and complying with text, software and image copyright laws when transferring such information through Keyway. The account holder is hereby notified that Keyway will cooperate with authorities to prosecute account holders which violate said laws. The account holder additionally agrees not to use these Keyway to conduct any business or activity that is prohibited by law.

SECURITY - In the atmosphere of maintaining a reliable service for it's customers, Keyway requires a minimum level of security by it's account holders. The account holder agrees not to share the password of their account with anyone under any circumstances, even if requested by Keyway. No Keyway representative will ever ask you what your password is. The account holder acknowledges that Keyway may take any action it deems fit to correct non-compliance, from simply changing the password to a more secure choice up to terminating the account without notice. Additionally, the account holder agrees to choose a secure password for their account. Secure passwords are those that are between 6 and 8 characters long, contain upper and lower case letters, and numbers or other characters, and can not be found in direct or reverse order in a dictionary, without regard to the language of the dictionary. The account holder agrees not to make any attempt by any means to guess any passwords used on Keyway computers, nor any computer accessed via Keyway products and services on the Internet, nor to attempt to compromise the security of Keyway computers.

ABUSE OF SERVICES - Any use of Keyway products or services that disrupts the normal use of the system for other account holders is considered to be abuse of system resources and is grounds for administrative intervention. This includes staying logged in over a telephone line while not actually using the system or misrepresentation of a personal account that is being used for business or commercial enterprise. Depending on the nature and the severity of the abuse, the account holder may receive a warning or have their account suspended or cancelled.

RIGHT TO REFUSE SERVICE - Keyway reserves the right to refuse service to anyone.

NETIQUETTE - To maintain a friendly environment on the Internet, a code of behavior among Internet users has developed known as "netiquette" one of the premises of which is the strict control of unsolicited mail. Account holders agree not to send unsolicited advertising or promotional materials to other network users. E-Mail and appropriate Usenet newsgroups may be used in the conduct of legitimate businesses. Account holders violating this rule may have their account suspended or cancelled without notice. For clarification of the code of conduct for the Internet, please see the documents titled "emily.postnews" and "netiquette-usenet" located in ftp://ftp.keyway.net/pub/keyway-info.

LONG CONNECTIONS AND/OR MULTIPLE LOGINS - Using a personal dialup account for unattended long connections, multiple logins, high volume, or commercial use is prohibited. The dialup services are intended for periodic, active use of email, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. Clients may stay connected so long as they are actively using that connection for the above purposes. Clients may not use the services on a standby or inactive basis in order to maintain a connection. Accordingly, Keyway reserves the right to charge the client for the additional connection(s) in the case of multiple logins, or charge for a dedicated dialup connection ($40/mo) in the case of long and/or unattended connections, or in either case, terminate any client's connection and/or account at Keyway's sole discretion.

CONSENT TO LABOR CHARGES - If the customer engages in any activity which results in the creation of work for Keyway personnel the customer agrees to be liable for paying Keyway at the rate of $150.00 per hour billed in one (1) hour increments. For example if the customer sends Unsolicted Bulk Email (UBE or Spam) that results in complaints to Keyway by the recipients of the UBE then the customer agrees to compensate Keyway for it's time to respond to such complaints as well as any other expense incurred by Keyway in handling responses to the customers sent UBE at the above rate. Such expenses may include, but are not limited to, additional server hardware and line capacity to handle the quantity of traffic produced by the UBE. These charges shall be at Keyway’s sole discretion. Account holder hereby consents to these charges and agrees to pay any such charges immediately upon receipt of invoice. This provision in no way affects Keyway's rights to compensation under the California Business and Professions Code Section 17538.45 to recover damages from abuse. By using their Keyway account, customer hereby agrees they have received actual notice of:

1. The electronic mail service provider's (Keyway's) policy on unsolicited electronic mail advertising. (“Keyway Internet Services Acceptable Use Policy (AUP)” posted at http://www.keyway.net/aup.php)
2. The fact that the defendant's (Customer's) unsolicited electronic mail advertisements would use or cause to be used the electronic mail service provider's (Keyway's) equipment located in this state.

References:
California Business and Professions Code Section 17538.45 ftp://leginfo.public.ca.gov/pub/code/bpc/17001-18000/17530-17539.6

Keyway Internet Services Acceptable Use Policy (AUP)
http://www.keyway.net/aup.php

LIMITATION OF LIABILITY - Keyway will attempt to provide uninterrupted service to the Internet but is in no fashion liable for any costs incurred by customers due to services interruptions or any failure by Keyway other than those charges made by Keyway to the customer. Under no circumstances is Keyway liable for charges incurred by the customer at the customer's discretion.

The Internet as a whole is not a reliable medium and should not be used for critical procedures such as medical monitoring or other reliability critical operations. Keyway does not warrant that any of it's products meet any particular grade of reliability especially with regard to medical or real-time procedures and Keyway is not liable for customers using Keyway services in the performance of such.

When you use the Services, information will be transmitted over facilities that are outside the control and jurisdiction of Keyway. Accordingly, Keyway and its licensors assume no responsibility or liability arising out of or relating to any delay, failure or interruption of your communication with the Services or any corruption of data or other information transmitted in connection with your use of the Services.

To the maximum extent permitted by applicable law, in no event will Keyway, its licensors, suppliers, partners, affiliates or third party service providers be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or any other form of damages whatsoever including, without limitation, loss of profits, revenue or data; any property damage, personal injury or death; computer viruses; any errors, omissions or defects in the service or Content; losses from interruption, termination or failed operation of the service; or any breaches of security with respect to any of your stored information arising out of or in any way relating to the performance of the Services, your use of or inability to use the Services or the Content, information, services or materials, or other resources contained on or accessible through the Services, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if Keyway has been advised of the possibility of such damages.

Notwithstanding the foregoing, if Keyway or its licensors shall be held to have liability to you arising out of or relating to your use of or inability to use the Services or the Content, or services or materials contained on or accessible through the Services, Keyway's and its licensors' liability shall, to the fullest extent permitted by applicable law, be limited to an amount not to exceed in the aggregate for all claims the lesser of your payments to Keyway or actual, direct damages..

Any claims arising out of or relating in any way to your use of the Services or the Content, or your inability to use them, must be brought within one (1) year from the accrual of the cause of action. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.

VENUE - Customer agrees that any dispute, legal action or arbitration shall be settled using the applicable resolution process with jurisdiction in the United States, State of California, City of Ontario whether the customer is prosecuting or defending.

RATES AND PAYMENT - Keyway bills account holders at the beginning of each month. Payments are due on the first of the month for that month. Payments received after the first are delinquent. We allow a 5 day grace period until the 5th of each month before we assess any late charges. Accounts that are delinquent may be suspended at any time, accounts that are 30 days delinquent may be permanently closed. Charges for new accounts are prorated. Standard service rates are based on a monthly commitment. Subsequent charges are made in monthly increments and no refund for a partial month of service shall be due. Daily service rates are available on request. Payment is due upon receipt of our invoice. Accounts billed to credit cards are deducted automatically. Client agrees to notify Keyway of disputes to credit card charges prior to requesting a chargeback, reversal, or inquiry with their credit card company to allow Keyway the opportunity to resolve their concern.

• Late Fee: If Keyway does not receive the full amount of Customer's Keyway Service account balance within 5 days of the invoice date or billing date (due date), the lesser of an additional 8%, or the highest percentage allowed by law, of the outstanding balance may be added to your bill as a late charge each month and will be due and payable immediately.
• Reinstatement Fee: There is a reinstatement fee which is one half the currently posted setup fee to reinstate suspended accounts.
• Returned Check / Chargeback Fee: Returned checks or credit card chargebacks / reversals will incur a $25.00 service charge.
• Service Fee: Customer payments which are received late may incur a $15.00 per month service fee for each month the account is late intended to cover the costs of notifying the Customer of delinquency and collecting payment.
• Hardcopy Fee: Customer's that request paper invoices delivered by US Post may incur a nominal fee of $2.50 per envelope mailed. There is no charge for email invoices.

PAYMENTS BY CREDIT CARD - Client agrees to pay for these services by credit card. Client agrees to pay in one month increments. Clients agrees to allow Keyway to automatically debit Client's credit card for each charge until Keyway receives written instructions by email, or fax, or letter to stop automatic debits. Client agrees that all modification and termination instructions must be made in writing and that no verbal instructions will bind Keyway. Client agrees to pay for each month on the first of that month and that as of the first day of that month, the entire payment is earned, even if the client cancels his service during the month. No refund, pro-rated, or partial payment will be due to the client as a result of cancellation. (For example, similar to a monthly rental payment.) Client agrees that all payments are non-refundable. Client waives all rights to reversing, or charging back any payments made to Keyway via credit card. Client agrees to contact Keyway first regarding any billing, payment, or credit card charge concerns or disputes. Client agrees not to initiate, or support any chargeback, reversal, or inquiry of any credit card charges or payments made by or to Keyway. Client agrees to reimburse to Keyway all fees assessed against Keyway associated with any such activity. Client further agrees to a $99 reconnection and processing fee in the event that a chargeback, reversal, or inquiry occurs on the Client's credit card regardless of outcome, justifcation, or validity. Client agrees that in the event of a chargeback, reversal, or inquiry, Keyway has Client's authorization to charge the Client's credit card for the chargedback, reversed,or inquired amount, plus fees including the $99 reconnection and processing charge. Client waives all rights to dispute charges through their credit card company or issuer and agrees that Client's only right of remediation or receiving a refund shall be through legal recourse, or if contractually agreed to, arbitration, or , at Keyway's discretion, or otherwise through communicating directly with Keyway.

RATE CHANGES - Keyway reserves the right to increase fees, surcharges, monthly subscription fees or to institute new fees at any time upon 30 days prior notice. In the event of such increase, account holder may terminate their service without penalty or prejudice by written cancellation postmarked within 30 days of receiving their invoice containing the increased rate. The account holder agrees to the increased rate if they have not cancelled in writing before 30 days have passed, or have paid the increased rate. Keyway may reduce any fees at any time without notice. Keyway will publish a notice of fee increases to existing account holders 30 days before such increases take effect.

INDEMNIFICATION - You agree to indemnify, defend and hold Keyway and its officers, directors, employees, agents, affiliates and suppliers harmless from and against any claims, actions, demands, losses and damages, including attorney's fees, relating to any violation of state or federal law or regulation, this Agreement, the Keyway AUP, or related acts or omissions by Customer, its end users, or other users of its account, or the placement or transmission of any message, information, software or other materials on the Internet by Customer or end users of Customer's account. This indemnification shall survive the termination of the Agreement.

SEVERABILITY - If any provision of these Terms is determined to be invalid, all other provisions shall remain in full force and effect. If any provision is held to be unenforceable, it will be deemed to be replaced by a valid and enforceable provision that achieves the same results as the original provision as nearly as possible in accordance with applicable law.

TERMINATION - Account cancellation or password/login ID change requests must be received in writing via E-Mail, fax, or postal service. This is required to ensure security of our network. Cancellations must be received before service is rendered. Once service has been rendered, it must be paid for. For example, if a client wishes to close their account in February, they must cancel prior to February 1st, or they must pay for the month of February.

IN NO EVENT SHALL KEYWAY BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OF THIS IT'S SERVICES, EVEN IF THE KEYWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

KEYWAY SPECIFICALLY DISCLAIMS ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES PROVIDED HEREUNDER IS ON AN "AS IS" BASIS, AND KEYWAY HAS NO OBLIGATIONS TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS. IF YOU USE THE SERVICES, YOU ARE DEEMED TO HAVE ACCEPTED THE TERMS AND CONDITIONS, AND THE APPLICABLE TARIFFS.

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