Last Updated December 6, 2001 Blue Moon Terms Of Service Agreement ALL USERS MUST READ THIS DOCUMENT IN ITS ENTIRETY 1. INTRODUCTION AND CONVENTIONS This document supercedes all previous published policy and terms of service documents current to March 19,2001. The Blue Moon Internet Corp. provides access to the Internet and its services for the benefit of its members. To ensure that all users are responsible in their usage of the computer facilities provided by The Blue Moon and do not jeopardize access to those facilities for other members, this Acceptable Use Policy ("this Policy") must be accepted before a new member is provided with an account and password for access to the Internet by way of the Blue Moon's network. The term "user" is used throughout this document to mean a person or organization to whom has been granted access to the Internet via The Blue Moon. The phrase "Blue Moon" is used throughout this document to represent the company known as "The Blue Moon Internet Corp." The phrase "Blue Moon administration" is used throughout this document to mean the network managers and system operators employed by The Blue Moon Internet Corp. The phrase "Blue Moon's network" is used throughout this document to represent the facilities and network connections belonging to or used by the company known as "The Blue Moon Internet Corp." The term "notice" and "notify" represent any acknowledged contact with The Blue Moon sent via electronic mail, in writing sent via the U.S. Postal Service or via voice phone call to our network operations center (NOC) at 716-876-6398. Any current user who does not agree to this policy may request a refund as per the terms presented under "REFUND OF PAYMENT" in this document. Any user who does not notify us within seven (7) days of receipt of this document in their mail spool file on our servers will be assumed to be in full agreement with the terms of this document. Users refusing to agree to terms presented in this document will be promptly removed from the Blue Moon's network. Any and all new users will be assumed to have read and understood this document unless the user provides immediate notice to The Blue Moon that a clause or clauses require clarification or that Termination of Services is desired. Users are expected to abide by the spirit of this document. Any attempts to exploit the grammar and syntax of this document or the use of a liberal interpretation of this document to circumvent the spirit of this document will be construed by The Blue Moon administration as grounds for immediate Termination of Services. If a user is not absolutely clear as to whether or not any action falls under the category of Acceptable Use the user is expected to notify the Blue Moon that a clarification of said action as acceptable or unacceptable is required before attempting said action. 2. SERVICES The Blue Moon makes computer data, network and information services ("the Services") available to members of The Blue Moon. Upon acceptance of this Policy by the user, The Blue Moon will provide the applicant with an account with which to access the internet. The fee charged to the user by The Blue Moon will be the fee payable in respect of the level of access to the Internet required by the user on application. The fee is subject to change at any time without notice. This fee is non-refundable except at the discretion of The Blue Moon Internet Corp. Current fee schedules will be posted at http://www.bluemoon.net/moonrates.html and is available via shell account access with the "fees" command at any "shell" prompt. Users acknowledge that The Blue Moon is not responsible for the content and range of information accessible on the Internet through the Services. It does not censor, edit or manipulate the information in any way other than to meet technical, operational and legal requirements. Users acknowledge that whilst The Blue Moon does not monitor information stored on or moving through the system, if it becomes aware in the course of providing the services, of material which is illegal, damaging to the system or likely to cause damage to The Blue Moon or any peered internet host, it may alter, remove or record that material and the user concerned may be subject to disciplinary proceedings under the terms of this Policy. The Blue Moon will not as a matter of course divulge any customer's personal information to any third party without the prior consent of the customer. An exception to this policy is in the case of an investigation by a law enforcement agency. The Blue Moon will never broker a customer's personal information under any circumstances for any reason. The Blue Moon will always cooperate with any law enforcement agency pursuant to applicable federal, state and municipal laws during the course of an official investigation. The Blue Moon can in no way be held responsible for events which are beyond its immediate control including, but not limited to, internet backbone outages. 3. USER'S OBLIGATIONS The user is responsible for security of his or her account and password. The Blue Moon will presume all use of the account and password to be by the authorized user of that account and password at all times. The user assumes any and all liability for actions performed while making use of their Blue Moon account or as a result of authenticated use of their Blue Moon Account. This includes, but is not limited to, actions deemed by any official law enforcement agency to be illegal. In the case of business or organization accounts the business or organization will be held directly responsible for actions performed by any user accessing their account which has been authenticated by our authentication servers. The user must follow any direction given by the system administrators with respect to use of the Services. Subject to the provisions of this Clause, the only person permitted to use an account or password is the person to whom that account and password have been issued by The Blue Moon. When a minor wishes to join The Blue Moon, this Policy must be reviewed by the minor's parent or guardian who becomes responsible for observance of this Policy by the minor. The parent or guardian signing on behalf of a minor is permitted to use the account and password issued to the minor only for the purpose of assuring himself or herself that the minor is using the account and password and the facilities of The Blue Moon within the terms of this Policy and within any other restrictions placed on the minor by the parent or guardian. In the case of business accounts, a web site developer may access the user's account for the purposes of web site maintenance only. Business or organization accounts may be accessed ONLY by an employee of the business or a member of the organization. Where a user has authorized access to an outside Service protected by a password, the user must take reasonable precautions to prevent that password becoming known to other persons. Users agree to not store any password to a protected service on the Blue Moon's facilities. The user must make every reasonable effort to use The Blue Moon resources efficiently and economically. Any reasonable request by a Blue Moon network administrator must be immediately complied with. The user must obey all instructions, whether written or verbal, given by The Blue Moon administrators regarding use of The Blue Moon's network facilities. If a user has any doubt about his or her authorization to use any computing service, the user must seek advice from the person or body responsible for that service. Where a user has inadvertently obtained information to which he or she is not entitled, or has become aware of a breach of security in respect of any computing services, the user must advise a Blue Moon administrator via electronic mail, in writing or by voice phone call. 4. UNAUTHORIZED USE Use of The Blue Moon's network for for-profit activities unless specifically authorized by The Blue Moon administration is prohibited. Use by for-profit institutions is forbidden unless said institution makes it plainly known to the Blue Moon that the account has been established for use in for-profit activities and has been specifically authorized to do so by The Blue Moon administration. For-profit use of The Blue Moon's network is available to business account holders ONLY. Promotion of any product, service or event for the purpose of generating revenue via use of a personal internet account on The Blue Moon's network is strictly prohibited without prior authorization from a Blue Moon administrator. A user's account may not be transfered or resold to anyone without specific authorization to do so by The Blue Moon administration. Any internet services provided by The Blue Moon may not be sub-leased or sold to any third party without specific authorization by The Blue Moon administration. A user shall not: Copy, disclose, transfer, examine, rename, change or delete information or programs belonging to another user without express permission of that user; Copy, disclose, transfer, examine, rename, change, add or delete information or programs belonging to The Blue Moon without written consent of The Blue Moon; Interfere with the operation of The Blue Moon network systems; Attempt to avoid any restrictions placed on his or her use of The Blue Moon network facilities by The Blue Moon administration; Store or transmit using The Blue Moon facilities any obscene, vulgar, slanderous, offensive, harassing, repetitive or illegal material; Sending unsolicited commercial or bulk email, also known as "spamming." Customers found to be "spamming" will have their access terminated immediately and subscription refund requests will be denied. Use access to the Internet via The Blue Moon to obtain unauthorized access to any other computer or communication facility; Copy any computer data or software unless authorized by the copyright owner; Send any material over the Internet which identifies the user in any way which detracts from the reputation of The Blue Moon; Represent himself or herself as another real person; Make any attempt to find out the passwords or accounts set up for other users or passwords for services for which appropriate access has not been authorized; Take any other action in using the Internet through The Blue Moon which the user knows or should be aware, is unacceptable conduct by any person with a similar level of knowledge and competence relating to computer systems. Make use of the Blue Moon's network or facilities for any type of permanent connection, ie: 24 hours per day, unless explicitly granted permission by an authorized agent of the Blue Moon. This includes connections not related to dialup use such as FTP or Telnet. 5. ACCOUNT TERMINATION The Blue Moon reserves the right to terminate any user's access at any time for any reason. Internet access through the Blue Moon Online System's internet service is a privelege and not a right. Where The Blue Moon administration is of the opinion that a user has refused or neglected to comply with a provision of this Policy or has acted in a manner prejudicial to the interests of The Blue Moon, The Blue Moon may cancel the user's access to The Blue Moon or suspend the user from use of The Blue Moon network facilities for a specified period. The Blue Moon will attempt to contact the account holder via the voice telephone number provided at the time of registration for access or via electronic mail if an active electronic mail address for the user is known. Where a user's account has been suspended or cancelled in accordance with this Policy no refund of fees will be guaranteed to the user. 6. POLICY AMENDMENTS Where The Blue Moon Online System has amended this document users will be notified either via electronic mail or notice posted on The Blue Moon System News Page at http://www.bluemoon.net/news.html All users are expected to periodically check the News Page for policy updates and network status information. By accepting this Policy, each user is deemed to accept all amendments as they occur unless The Blue Moon administration is notified otherwise via electronic mail, in writing or voice phone call. If amendments are refused and the user has abided by the previous policy to that point, the user will be promptly removed from the Blue Moon's network and an appropriate refund as defined under "REFUND OF PAYMENT" will be granted. 7. REFUND OF PAYMENT Refunds requested within the first month of a NEW subscriber's subscription period will be granted for the UNUSED portion of the subscription, pro-rated against the SINGLE month subscriber rate with no service charge. Refunds requested AFTER ONE MONTH of a subscription period has been used will be granted for the UNUSED portion of the subscription, pro-rated against the 1, 2, 3 or 6 month subscription rate as applicable and will be assesed a $10.00 processing (administrative) surcharge to cover any bank fees and/or credit card merchant processing fees and/or employee time used in processing the refund request. All accounts which we are forced to remove from our network for network abuse will be granted a refund, pro-rated against the 1, 2, 3 or 6 month subscription rate as applicable LESS a $10.00 processing surcharge REGARDLESS of what portion the subscription has been used. Accounts for which The Blue Moon has been forced to terminate access are not eligible for any type of refund, but may be granted a refund at the sole discretion of the management. 8. DISCLAIMER TO THE FULL EXTENT PERMITTED BY LAW, THE BLUE MOON ONLINE SYSTEM EXCLUDES ALL CONDITIONS AND WARRANTIES, WHETHER IMPOSED BY STATUTE, BY OPERATION OF LAW OR OTHERWISE, NOT EXPRESSLY SET OUT IN THIS POLICY. THE BLUE MOON DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE OF THE BLUE MOON OR THE NETWORK FACILITIES PROVIDED WITH RESPECT TO ACCESSIBILITY, ACCURACY, RELIABILITY, CURRENT USE OR OTHERWISE. WHILST EVERY EFFORT WILL BE MADE BY THE BLUE MOON TO PROVIDE ALL SERVICES, IT DOES NOT GUARANTEE THAT THOSE SERVICES WILL ALWAYS BE AVAILABLE TO USERS. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE INTERNET BY WAY OF THE BLUE MOON IS ASSUMED BY THE USER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE BLUE MOON SHALL CREATE A CONDITION OR WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY AND THE USER MAY NOT RELY ON ANY INFORMATION OR ADVICE GIVEN BY THE BLUE MOON. THE USER HEREBY AGREES TO ABSOLVE THE BLUE MOON INTERNET CORP. OF ANY LIABILITY FOR DAMAGES RELATED TO USAGE OF THE BLUE MOON'S NETWORK AND THE INTERNET AT LARGE. LET IT BE KNOWN THAT THE BLUE MOON INTERNET CORP. WILL MAKE EVERY EFFORT TO COMPLY WITH ANY AND ALL LAW ENFORCEMENT AGENCIES IN THE INVESTIGATION OF ANY ALLEGED IMPROPRIETY ON THE PART OF A BLUE MOON ONLINE SYSTEM USER.