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Terms of Use / Privacy Policy

Welcome to PacificNet!

Thank you for choosing Pacificnet as your gateway to the Internet and enjoying the benefits of your Pacificnet account. We know you are anxious to begin using your service, but before you do, we encourage you to familiarize yourself with our key terms, our responsibilities, and yours. This material, including all material reached through highlighted words or phrases (known as "hypertext links") and information found in the registration process, is the agreement that will apply to your use of the Service. Please be sure to click on the highlighted hypertext links to view the additional terms and conditions of this agreement. You may also read all of these terms and conditions by continuously scrolling down through the entire document.

This page explains Pacificnet's policies regarding behavior and Internet usage of our system. Please read it so you are informed of what is permissible and what is prohibited when using your Pacificnet account.

We may revise this agreement, so check this agreement periodically. Your use of the service will confirm that you are in agreement to these terms and conditions as well as your acceptance of the changes we may make to the agreement.

Thank you once again for choosing Pacificnet as your gateway to the Internet.

Excessive Online Usage

Subscribers may not maintain an "Unattended" connection to the service, causing excessive connection time, for any reason. While excessive connection time is determined at the sole discretion of the company, national averages for Internet use is approximately 30 hours per month per account. The company monitors all Internet account activity and, providing you use the service as defined within the body of this service agreement, the company defines UNLIMITED USAGE as a "Live" and "Interactive" connection to the service for its subscriber's enjoyment. It does NOT mean an unlimited or dedicated connection to the Internet. All accounts have an automatic fifteen-minute "idle-timeout" feature that clears the line for ACTIVE users, providing network efficiency for the good of all other Internet subscribers. YOU ARE PROHIBITED FROM CIRCUMVENTING THIS FEATURE. Attempts to keep a connection "Live" by Robotics or other means, as defined in this agreement, is a strict violation and will cause immediate termination.

Dialup accounts are limited to 200 hours service per monthly billing cycle.

Other Restrictions:

Any simultaneous, unattended or continuous connection to PacificNet.net or any service of PacificNet.net, Inc. with one account. Use of any software (including email programs) or any other type of Device that would allow your account to stay "Logged on" while you are not actively using the service. Note-Users of "Outlook Express" are required to disengage all "Automatic" features to gather email that creates a dedicated or continuous connection.

Installation of "auto-responders," "cancelbots" or similar automated or manual routines that generate excessive amounts of traffic or disrupt mail use by others.

Running TIA, SliRP or other Slip emulators from your account. Running daemons, MUDs, BOTs or other background processes. Running programs such as "Keep Alive" or other programs intended to circumvent the "Idle-Timeout" feature.

Due to the rampant spread of email viruses (worms/trojans) on the Microsoft Windows platform, certain file extensions are prohibited from being send via email and will result in messages containing the extension being bounced back to the sender. These extensions are ".exe, .pif, and .vbs". If you need to send a file that is in the format of one previously specified, please compress the file using a standard compression utility (WinZip, WinACE, TAR or WinRAR).

SYSTEM ABUSE IS STRICTLY PROHIBITED

The Internet is a cooperative effort therefore it is not permitted for a single user to cause problems for everyone. Any user who violates these policies is hereby served notice that their account will be deactivated immediately to avoid additional problems. Pacificnet works in conjunction with other providers to ensure coexistence. If a user on the Pacificnet system causes problems on another system, we have to treat the problem as if that user caused problems on Pacificnet's system, and will take the necessary actions, including removing the problem user from the system. Users who cause problems on IRC servers by hacking fake usernames or running "bots" will not be tolerated. Pacificnet will terminate service immediately and reserves the right to bill for any resulting charges.

Our responsibilities:

We agree to...

Provide members with PacificNet quality care
Take steps to protect members' privacy
Inform you of the legal conditions that apply to your use of Pacificnet Service
Pacificnet is not responsible for telephone company charges that may accrue

Your responsibilites:

You agree to...

Meet our requirements regarding eligibility, payment and your E-mail I.D.
Preserve our rights and the rights of others
Observe the ABC's of PacificNet etiquette

Check with your local phone company to make sure the phone number you are dialing into is local to you. Your phone bill is your responsibility.

It is your responsibility to notify Pacificnet of any changes to your account. These changes include address, phone numbers and credit card information. Notification within 15 days of any changes to your account will help ensure that your service is not interrupted.

Personal Account Conditions
"Personal" accounts are for personal use only! Please do not share your account, sublet time on your account or conduct business via your personal account webpage. You are permitted to use your personal account for as long as you want each day, as long as it is actually you who is using the computer and you do not exceed 200 hours per month. Please note that any personal web page receiving more than 500 megabytes of transfers in a one month period is subject to an excessive use charge to be determined by Pacificnet according to the offense. Please keep in mind that if you want to conduct business on your web page, you will need a corporate account. Mailbox storage space is not to exceed 10 megabytes for a personal account. Any Mailbox using storage space exceeding the space limit is subject to an excessive use charge to be determined by Pacificnet according to the offense.

Corporate and Business Conditions
Please don't share your account or sublet time on your account. You are permitted to use your account for as long as you want each day, as long as it is actually you using the computer and do not exceed 200 hours per month. Please note that any corporate web page receiving more than 1 gigabyte of transfers in a one month period is subject to an excessive use charge to be determined by Pacificnet. The corporate account is not meant to be a 24-hour continuous connection for e-mail servers. Please set your e-mail server to dial in once per hour, retrieve your e-mail and then disconnect.

Stay Up to Date
To keep you informed of changes to this agreement, we'll notify you by posting the updated form of this agreement on the Pacificnet Web Site, or by E-mail, by U.S. mail, or by posting a message to some area of the service. sales@pacificnet.net

PacificNet -- Quality Customer Care
If you are a member and you have any questions, need to resolve problems with your service, believe someone is using your account improperly, or wish to update the information you gave during registration, you may contact Pacificnet Customer Care by:

Calling (800) 472-2638 Monday through Sunday 24 Hours a Day.
Sending us an email at one of the following addresses:
For account changes: sales@pacificnet.net
For billing information: billing@pacificnet.net
For technical problems: support@pacificnet.net
In addition, you may cancel your service via email at billing@pacificnet.net or via fax at 604-320-6567. While we encourage you to use one of the methods described above to reach us, you may also communicate with us by sending a first class, postage paid letter via courier or U.S. mail to:

IP Applications
1100 - 555 West Hastings Street
Vancouver, BC, CANADA
V6B4B4

PacificNet Privacy Policy
As a Pacificnet member, you give us information about yourself that we use to conduct our daily business with you. With this Privacy Policy, we want to assure our members that we keep such customer-identifiable information as confidential as possible. We'd also like to make members aware of the control they have over how we use this information.

Or use this information...
Pacificnet does not sell, trade, or give away this information to other individuals or companies without your consent. Pacificnet does use this information for billing purposes, to anticipate and resolve problems with your service, to create and inform you of products and services that better meet your needs, to investigate and help prevent potentially unlawful activity and activity that violates your user agreement, and to respond to your concerns regarding your dealings with Pacificnet.

Legal Conditions
There is a wide variety and quantity of information available through the Internet using Pacificnet. While we hope you'll take full advantage of the Internet, please note that we don't have control over most of what's accessible through the service—in other words, you're responsible for protecting yourself from harmful or inaccurate information.

In the event that a legal dispute arises concerning this agreement, please be aware that these rules apply:

You must begin any legal proceeding within one year after your claim arises. ALL DISPUTES, CONTROVERSIES OR CLAIMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE SERVICE ("DISPUTES") SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION CONDUCTED IN BRITISH COLUMBIA, BY A NEUTRAL ARBITRATOR, IN ACCORDANCE WITH THIS AGREEMENT AND THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE CANADIAN ARBITRATION ASSOCIATION. The arbitrability of Disputes shall also be determined by the arbitrator. Each party shall bear its own expenses, except that the prevailing party may recover the filing costs and the expenses of the arbitrator from the other party. Any award of the arbitrator shall be in writing and shall state the reasons for the award. Judgment upon an award may be entered in any Court having competent jurisdiction. The arbitrator shall not have the power to award any damages in excess of the applicable dollar limits set forth in or excluded under the "you're responsible" section of this Agreement. The arbitrator shall not have the power to order pre-hearing discovery of documents or the taking of depositions, but may compel attendance of witnesses and the production of documents at the hearing. The parties, their representatives and participants and the arbitrator shall hold the existence, content and result of the arbitration in confidence, except to the limited extent necessary to enforce a final settlement agreement or to obtain or enforce a judgment on an arbitration decision and award. Disputes relating to your failure to pay billed charges for use of the Service are exempt from the binding arbitration requirement. The foregoing notwithstanding, this agreement shall not prevent Pacificnet or a member from seeking and obtaining temporary equitable remedies, including temporary restraining orders, froma court with jurisdiction over the parties and the subject matter. A request to a court for interim equitable relief shall not be deemed a waiver of the obligation to arbitrate. Pacificnet and each member agrees that Pacificnet would be irreparably harmed by the use, by members or otherwise, of Pacificnet's service or facilities in connection with the transmission of Spam Newsgroup Postings or Unsolicited E-mail's in violation of this Agreement, as defined below, and that Pacificnet shall be entitled to obtain injunctive relief against such transmission. Such remedy shall not be deemed to be an exclusive remedy, but shall be in addition to all other remedies available at law or in equity. Pacificnet reserves the right to block, filter or delete Unsolicited E-mail.

BRITISH COLUMBIA LAW EXCLUDING ITS CHOICE OF LAW RULES WILL APPLY TO THE CONSTRUCTION, INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT. Pacificnet and third parties that contribute to the Service may bring claims against you for violations of this agreement. The words of this agreement, not the conduct between us or any trade practice, will control what the agreement means.

Our decision not to enforce a particular provision of this agreement does not mean that we waive the right to enforce it. We will only waive such a right in writing. We reserve the right to cancel this agreement without notice for any reason, at any time, you are entitled to cancel when you notify us beforehand. If we cancel your account or terminate our agreement with you for any reason, you agree not to re-register for the Service without our written permission. You agree that your re-registration for the Service following the suspension or cancellation of your account by Pacificnet without receiving written permission from Pacificnet will result in a charge to your account of up to $500 as well as termination of your account. We may assign our rights and duties under this agreement to others at any time without notifying you. You may not assign your rights and duties under this agreement to others. Provisions concerning the following matters will survive termination of this agreement: legal conditions, payment, and our rights and the rights of others. Pacificnet does not guarantee its services. Pacificnet's liability for damage arising from mistakes, omissions, interruptions, delays, errors, defects, computer malfunctions and utility services is limited to the pro rate charges to the customer for the period in which the problem occurred.

Requirements regarding eligibility, payment, and your E-mail I.D.

Eligibility
To become a member, you have to be at least eighteen years old. You must register using your own name. If you use a credit card for payment, you must provide a credit card account number which is issued in your name or which you are authorized to use. To become a member under a business account, you must be a bona fide employee or independent contractor of that business; to become a member under a school account, you must be a bona fide student, teacher or administrator of that school; and to become a member under a library account, you must be a bona fide employee or independent contractor of that library. To become a member under any non-individual account, you must also register using your own name as a designated user for the account and be authorized to register for the Service using the name of the entity that is on the account.

Payment
Unless you have a separate arrangement such as a multi-user business with Pacificnet you must pay all charges related to your account and provide all equipment necessary to use your Service.

Please note:
If we change your pricing plan, we'll notify you and allow you to stay with your old plan for at least one more billing cycle. Pacificnet billing is based on a calendar month, and there is no pro-rated service. Account cancellations received after the second billing day of the month are non-refundable and the service termination is on the last day of the billing cycle of which the cancellation was received. If your account is suspended or terminated you may be subject to a $10.00 reinstatement fee to re-activate your account.

Six-month accounts shall not be refunded or unless cancellation is received within 7 days of the subsequent billing period. All 6 month contracts are billed using the billing method on file. It is your responsibility to know your billing period. All returned checks including automatic debits, are subject to a $25.00 returned check fee. If you believe that you have been billed in error you must contact our Billing department within 60 days of the transaction date of the disputed charge. No refunds will be given to transactions that have exceeded the 60 day limitation.

E-mail I.D.

During registration, we'll ask you to enter the name or number you want as your E-mail I.D or username. If the E-mail I.D. or username you choose is already in use, or if we cannot accept it for any other reason, we'll ask you to enter another, change it, or give one to you.

Our Rights and the Rights of Others
Pacificnet enables you to contribute to and gain from a wealth of materials–some owned by Pacificnet, others owned by third parties. In order to preserve everyone's rights, you must:

Print and download material from the service for your own, non-commercial purposes only
Limit the number of number of copies you make of Service-related materials
Not alter any aspect of the Service
Comply with the terms and conditions of third parties who provide you with materials, including Software
Not deliberately or accidentally export the Software to countries that the U.S. prohibits export to

ABC's of PacificNet Etiquette
To maintain an informative and valuable service, Pacificnet has established the ABC's of Pacificnet etiquette. While it is not our intent to control your online communication or monitor its content, we may edit or remove content that we become aware of and determine to be harmful, offensive or otherwise in violation of these ABC's. Violation of these ABC's may also result in the termination or suspension of your account. These ABC's apply to all content provided to or through the service, including E-mail messages, newsgroup postings, chat, and personal web pages.

Act Responsibly
Don't use the Service to interfere with others' use of the Service or of the Internet in general, to conduct illegal or abusive activity, or to submit materials that violate the rights of others. Specifically:

Specifically:

Do not send messages, data, images or programs that are libelous, defamatory, obscene, pornographic, threatening, abusive, or hateful
Do not send materials that contain viruses, worms, or any other destructive elements
Do not interfere with or infringe the copyrights, trademarks, logos, service marks, or confidential information of others
You may not use or attempt to use the service to violate its security or the security of systems accessible through it.

If you leave your service idle, after 15 minutes, we may disconnect you. You may not take action for the purpose of defeating our "idle timeouts" or similar mechanisms. In the event your session has been terminated, you may immediately dial back in to reconnect.

Remember that anyone who has unprotected access to your computer will be able to use your Service account freely. Therefore, you should secure your computer equipment so that only authorized users can gain access to your Service account.

You may not use your Pacificnet Service dial-up connection to host a dedicated Internet server site.

You are permitted to use your personal account for as long as you want each day, as long as it is actually you using the computer and do not exceed 200 hours per month.

Toll charges may apply within local area codes, billable from your local phone service provider. Please make sure that you check with your local phone company about charges related to local calls from within an area code BEFORE calling our local access numbers. Pacificnet is NOT responsible local phone bill charges/costs billed from the local phone provider to the Pacificnet customer. Again, PLEASE CHECK WITH YOUR PHONE COMPANY BEFORE CALLING OUR LOCAL ACCESS NUMBERS FOR CONNECTIVITY.

Be Honest
You may not resell or otherwise redistribute the service or profit in any other way by providing access to others. If you have an individual account, don't allow others outside of your household to use the Service. If you have a business account, don't let others outside of your bona fide employees or independent contractors use the Service. Unless you're participating in an area of the service that requires or encourages anonymity, use your real name in online communications.

You must abide by the terms and conditions applicable to your use of specific features of the Service that may be published on the Pacificnet Web Site, as well as terms and conditions applicable to other products or services that are available through the service.

Communicate, Don't Innundate
See California Assembly Bill 1629 (Internet Consumer Protection Act) regarding electronic mail. Check out Why UCE ('spam') Is A Problem if you don't believe us! And, yes, the law is cracking down on Felony Spammers. Don't post any single message to more than five online forums or newsgroups ("Spam Newsgroup Postings"), and please make sure your message doesn't deviate from the topic or violate the rules of those forums or newsgroups. Don't send a piece of unsolicited commercial E-mail to any person that could reasonably be expected to provoke complaints from its recipients (either shall be "Unsolicited E-mail"). Don't engage in any of the foregoing activities by using the service of another provider, by channeling such activities through a Pacificnet account, or E-mailer, or otherwise through Pacificnet, or using the account as a mail drop for responses or in any way indicating to recipients that Pacificnet was involved in the transmission of the Unsolicited E-mail. We reserve the right not to deliver any outbound E-mail which you address and send to 100 or more recipients in one mailing, or any posting which you send to twenty five or more online forums or newsgroups at one time. A note on relay Spam: Sometimes someone who is not a member of the service will attempt to relay large numbers of E-mail, in bulk, off of or through one of our servers. We reserve the right to discard that bulk relay E-mail because it is an unauthorized use of our Service. Any E-mail addressed to you in care of the Service that is included may not be delivered to you. If you send Spam you will be charged a fee to be determined by Pacificnet according to the offense ranging from $50.00 through $500.00. Submit promotional materials only in areas of the service designated for that purpose. Don't submit charity requests, petitions for signatures, or any chain mail related materials. Don't engage in any of the foregoing acts that are prohibited by these ABC's, using another service provider.

Hacking, Cracking, Virii, Warez, Spam, Spamware (HCVWSS)
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of malicious pinging, flooding, mailbombing, denial of service attacks, piracy of software, demo software cracks, virii creation/spreading, portscanning, OS fingerprint detection. Any applications or source code involving (HCVWSS) found on Pacificnet's servers is a violation of Pacificnet's AUP and the customer's account will be terminiated immediately, without warning and prosecution could possibly result, based on current local laws.

You Are Responsible
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE—PACIFICNET AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE OR COST (INCLUDING CONSEQUENTIAL DAMAGES) YOU OR ANYONE ELSE USING YOUR ACCOUNT MIGHT INCUR DUE TO YOUR USE OR INABILITY TO USE THE SERVICE. IF YOU LIVE IN A STATE WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL PACIFICNET'S LIABILITY OR THE LIABILITY OF THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE EXCEED (1) FOR INJURY TO PROPERTY OR PERSON CAUSED BY OUR NEGLIGENCE, THE AMOUNT OF DIRECT DAMAGES TO THE PROPERTY OR PERSON, OR (2) FOR ALL OTHER CLAIMS, ACTIONS OR DAMAGES PERMITTED UNDER THIS AGREEMENT, OUR SERVICE CHARGES DURING THE AFFECTED PERIOD.

PACIFICNET AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE MAKE NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING WARRANTIES OF TITLE, NONINFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), REPRESENTATIONS, OR ENDORSEMENTS REGARDING THE SERVICE, THE SOFTWARE, OR ANY THIRD PARTY MATERIAL AVAILABLE THROUGH THE SERVICE. FURTHERMORE, THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS—WE DO NOT WARRANT THAT THEY WILL BE UNINTERRUPTED OR ARE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

FINALLY, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS PACIFICNET AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE FROM ANY LOSS, DAMAGE, OR COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT.

Charges Related to Your Account
You agree to pay all fees and other charges incurred on your account, including charges for any purchases made through the service and any surcharges incurred while using any supplemental services or features for which a surcharge is applicable. You agree to pay all applicable taxes and any access charges relating to the use of the Service through your account, whether imposed on Pacificnet or directly on you, which will be applied and included in bills issued to you. Pacificnet shall have the right to terminate or suspend your account for failure to pay your bill in a timely manner. You authorize Pacificnet to charge any amounts payable by you in connection with your use of the Service automatically to the credit card you provided in the registration process or such credit card number or direct check account you provide thereafter. If you choose to bill your use of Pacificnet service to your credit card, your right to use the service is subject to any limits established by your credit card issuer. Pacificnet may also make direct check billing options available. If you elect to take advantage of these billing options, you agree to abide by terms and conditions applicable to those options.

Pacificnet billing is due upon receipt of your bill and must be made in U.S. currency. Time is of the essence for payment, therefore, at our option, late payment and or interest charges may be added to any past due amounts at the lower of 1.5% per month or the maximum rate allowed by law. Acceptance of late or partial payments (even if marked "Paid in Full" or with other restrictions) shall not waive any of our rights to collect the full amount of your Pacificnet fees. If payment is not received your service may be interrupted. We may assess an additional fee for any check returned for nonpayment. Notice of any disputes must be in writing and received by us within 30 days after you received your bill or you will waive any objection. You agree to reimburse us for reasonable attorney's fees and any other costs associated with collecting delinquent or dishonored payments.

Ownership

Owned by PacificNet
All aspects of the Service are copyrighted as a collective work under U.S. copyright laws and are owned by PACIFICNET—including Pacificnet trademarks, service marks, and logos.

Pacificnet also has a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to use in any way any ideas or materials that you submit to Pacificnet or the Service.

Owned by Third Parties
Trademarks, service marks, and logos owned by third parties remain the property of those third parties.

Own
Pacificnet gives you a non-exclusive, non-assignable right and license to use the Service.

Number of copies
Unless you have the express written consent of the copyright owner, you are limited to making one machine readable copy, one backup copy, and one print copy of any PACIFICNET-provided materials available from the Service.

Alter
For example, you may not modify the Software in any way, or change or delete any copyrights, trademarks, service marks and logos on the Service. In addition, you may not reverse assemble, reverse compile or reverse engineer the Software.

Export the Software
The words "export" and "re-export" mean transferring or releasing the Software to another country or to a national of another country.

You certify that you are a U.S. citizen, U.S. resident alien, or Canadian citizen if you've received or installed:

Software that carries a label restricting its export outside the U.S. or Canada
Any other Software that contains language in or on the Software restricting its export outside of the U.S. or Canada
If you are not an U.S. citizen, U.S. resident alien, or Canadian citizen and have received this Software, please return it to us. Please note that the Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable

DSL Terms of Service

The Terms of Service in this Agreement (the “Agreement”) are entered into by and between the subscriber (“you,” “your” or “Subscriber”) and Pacificnet (“Pacificnet,” “us” or “we”). You are deemed to have accepted this Agreement upon the earliest of: (a) your submission of an order; (b) your accepting the terms and conditions electronically during the ordering process; or (c) your use of the Service (as defined herein). This Agreement includes the terms set forth herein, the Acceptable Use Policy, the Privacy Policy, and all other materials specifically referenced in this Agreement, all of which are incorporated by reference herein. This Agreement sets forth the terms and conditions under which you agree to use the Service.

SERVICE. Pacificnet will provide you with dedicated access to the Internet, subject to the terms and conditions set forth herein (the “Service”). Speeds on the various plans will vary depending on many factors, including but not limited to distance from the local service provider’s central office, internet congestion, upload and download speed of your destination server. Service is provided in conjunction with a circuit provider, which may be your local phone company. The circuit provider retains the right to cancel the service before or after installation at their sole discretion at any time. Although pre-qualification provides a good measure of certainty regarding service availability, it is not a guarantee of service. We recommend waiting until service is installed and tested for a few weeks before assuming that service will be available and of good quality.

PROVIDERS. The application of certain terms herein vary depending on whether the phone line or circuit for a Subscriber is AT&T (an “AT&T Subscriber”), Verizon (a “Verizon Subscriber”), or Covad (a “Covad Subscriber”). Pacificnet breaks out each phone line or circuit for a Subscriber by Networks. A Subscriber in “Network 1” or “Network 2” is a AT&T Subscriber, a Subscriber in “Network 3” is a Verizon Subscriber, and a Subscriber in “Network 4” is a Covad Subscriber, and a Subscriber in “Network 6” is a Qwest Subscriber.

SUBSCRIBER INFORMATION. You acknowledge that you are eighteen (18) years of age or older, and you agree that you have the legal authority to enter into this Agreement and affirm that the information you supply to us is correct and complete. You understand that Pacificnet relies on the information you supply and that providing false or incorrect information may result in Service delays or the suspension or termination of your Service. You agree to promptly notify Pacificnet whenever your personal or billing information changes, including without limitation, your name, address, telephone number, and credit card number and expiration date, if applicable.

GENERAL PRICING AND FEES. Pacificnet’s prices are shown in the Pricing Schedule and you will be charged based on the Plan and Options you select during the ordering process. A Subscriber who selects a “Month to Month” Plan (a “Monthly Subscriber”) will pay the monthly price(s) listed on the Pricing Schedule corresponding to the Plan and Options chosen by such Monthly Subscriber at the time of order. However, such monthly prices are subject at any time to increase to Pacificnet’s then current prices. A Subscriber who selects a “1 Year Contract” Plan (an “Annual Subscriber”) will pay the monthly price(s) listed on the Pricing Schedule corresponding to the Plan and Options chosen by such Annual Subscriber at the time of order. Such monthly prices for Annual Subscribers are guaranteed for the initial twelve (12) month Term. Following the initial twelve (12) month Term, an Annual Subscriber will automatically become a Monthly Subscriber and will pay Pacificnet’s then current prices, subject to increase as described above, unless such Subscriber registers for a new “1 Year Contract” Plan at such time, to the extent available. An Annual Subscriber may upgrade or downgrade their DSL Service to a different speed plan during their initial (12) month Term. Any such Annual Subscriber so upgrading or downgrading may, at the time of upgrade or downgrade, select either (a) a “Month to Month” rate, in which case such Subscriber shall continue to be subject to all of the terms and conditions of this Agreement for the remainder of such Subscriber’s initial twelve (12) month Term and following such initial Term, such Subscriber will automatically become a Monthly Subscriber and will pay Pacificnet’s then current prices, subject to increase as described above, unless such Subscriber registers for a new “1 Year Contract” Plan at such time, to the extent available or (b) a “1 Year Contract” Plan, in which case such Subscriber’s initial twelve (12) month Term shall restart on the date of such upgrade, provided that such Subscriber shall continue to be subject to all of the terms and conditions of this Agreement for the period prior to such upgrade or downgrade. In addition to regular fees set forth in the Pricing Schedule, you agree to pay all other charges, including but not limited to applicable taxes, network usage and surcharges, including charges imposed against Pacificnet by third party providers that it passes on to you. The taxes and surcharges may vary on a monthly basis; any variations will be reflected in your monthly charge. The current Supplier Surcharge Recovery is one dollar and ninety-three cents ($1.93) for all clients. Texas Residents are also subject to an Internet Tax on all monthly services of eight and three-tenths percent (8.3%) after the first twenty-five dollars ($25.00). When possible, Pacificnet will break out such charges on the monthly invoice. You may change your plan speed at any time. A fifty dollar ($50.00) downgrade fee will apply to any AT&T Subscriber, Verizon Subscriber, or Qwest Subscriber who downgrades their speed. A ninety-nine dollar ($99.00) fee will apply to any Covad Subscriber who upgrades or downgrades their speed. A fifty dollar ($50.00) fee will apply to any Subscriber who switches from a Static IP to a Dynamic IP. Promotional packages are only available to first time Pacificnet Subscribers.

SETUP AND ACTIVATION FEES. There are currently no activation fees associated with the Pacificnet DSL service.

PAYMENT, LATE FEES AND OTHER CHARGES. There is no money back guarantee for any Services unless specifically written in a special one time promotion. There are no pro-rated refunds for unused time. Unless otherwise stated in the Pricing Schedule, Pacificnet will invoice Subscribers monthly. Invoices will be on a full calendar month basis. New Subscribers who enter into this Agreement after the first day of any month will be billed on a pro-rated basis for their first month of Service and thereafter on a full calendar month basis. Subscribers agree to pay within twenty (20) days from receipt of an invoice. If a Subscriber does not pay an invoice within such twenty (20) day period, Pacificnet may deny, discontinue or otherwise suspend such Subscriber’s Service until full payment is received. Subscribers are responsible for paying monthly subscription fees while Services are suspended due to non-payment. Subscribers are responsible for any disputed charges beyond sixty (60) days from the date of the charge. Any account which goes into collection status will be transferred to a collection agency and incur a twenty-five dollar ($25.00) processing fee and all other applicable fees and charges. Subscribers must pay a twenty-five dollar ($25.00) service charge on all returned checks, disputed credit cards, and credit card chargebacks. Past due accounts will accrue a monthly charge of one and one-half percent (1.5%) of the past due balance or one dollar ($1.00), whichever is greater.

EQUIPMENT. During signup, the Subscriber will be given the choice to rent or purchase a DSL modem. If the Subscriber is renting the modem, the Subscriber must return to Pacificnet the complete modem kit in a useable condition at Subscriber’s expense within thirty (30) days of termination of the Service by Subscriber or Pacificnet. Subscriber must pay sixty-nine dollars and ninety nine cents ($69.99) plus applicable taxes to purchase any modem Subscriber does not return to Pacificnet in working condition within such thirty (30) day period.

SOFTWARE. In connection with our provision of the Service, we may provide to you, via download, CD, other media, or other delivery method, the use of certain software which is owned by Pacificnet or its third party licensors, providers and suppliers, and which may be provided free or for a fee, including client and/or network security software (the “Software”). We reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of or for use with the Service and for no other purpose. The Software may be accompanied by an end user license agreement from Pacificnet or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes an end user license agreement unless you first agree to the terms and conditions of the end user license agreement

TERM. This Agreement is effective upon Subscriber’s acceptance as provided above and shall continue until terminated by Subscriber or Pacificnet pursuant to this Agreement. Each Monthly Subscriber is on automatically renewing monthly terms beginning on the first day of each calendar month (or, for the first monthly term, the full or partial month beginning with Subscriber’s acceptance as provided above).

TERMINATION BY SUBSCRIBER. Subscriber may terminate this Agreement at any time for any reason by providing Pacificnet with a thirty (30) day written notice in the form of a valid written termination request and paying all fees and other charges accrued or otherwise payable under the terms of this Agreement. Such thirty (30) day period begins on the date on which Pacificnet receives Subscriber’s valid written termination request. A Monthly Subscriber’s termination will be effective on the later of (a) the end of last day of the calendar month during which such thirty (30) day period ends (e.g., a valid written termination request received by Pacificnet any time during January will result in termination effective at the end of February) or (b) the end of last day of the calendar month requested by the Monthly Subscriber. If this Agreement is terminated prior to the end of a Monthly Subscriber’s initial twelve (12) month term, such Monthly Subscriber must pay, in addition to all fees and other charges accrued or otherwise payable under the terms of this Agreement, an early termination fee in the amount of one hundred and fifty dollars ($150.00) (“Early Termination Fee”). In the event a Monthly Subscriber terminates this Agreement prior to the end of their twelve (12) month term because of a service-related problem not caused by the Subscriber that Pacificnet has failed to cure after what Pacificnet determines in its sole discretion to be a reasonable amount of time based on the circumstances, the Subscriber is entitled to a waiver of the Early Termination Fee. For such waiver to apply, the reason for the waiver stated above must have occurred before termination and the Subscriber must report such reason for termination to Pacificnet in its valid written termination request. Pacificnet must in turn be given the opportunity to resolve the problem and the Subscriber must be willing to troubleshoot with Pacificnet as well as be available for and authorize the dispatch of a network provider technician. Pacificnet does not monitor Subscriber accounts for activity, and absence of activity or cancellation of a Subscriber’s telephone number will never constitute a termination request. A written termination request is valid only if it includes your DSL phone number, main username, date you wish the service to be cancelled and the reason for canceling and is submitted via email to accounting@pacificnet.net.

TERMINATION BY PACIFICNET. If, in Pacificnet’s sole discretion, (a) a Subscriber is in breach of any of the terms of this Agreement (including but not limited to the Acceptable Use Policy); (b) a Subscriber’s use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Pacificnet’s servers or other equipment, or the use and enjoyment of other users; (c) a Subscriber acts in an abusive or menacing manner when dealing with Pacificnet’s technical support staff, customer service staff or any other Pacificnet employees or representatives; (d) Pacificnet receives an order from a court to terminate a Subscriber’s Service; or (e) Pacificnet for any reason ceases to offer the Service, then Pacificnet at its sole election may terminate or suspend such Subscriber’s Service immediately without notice. For a termination in accordance with this paragraph, Subscriber remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreement, including without limitation the Early Termination Fee and equipment charges set forth herein, if applicable.

TERMINATED SUBSCRIBER. Pacificnet, in its sole discretion may refuse to accept a Subscriber’s application for renewal or resubscription following a termination or suspension of such Subscriber’s use of the Service. If a Subscriber’s Service is terminated for any reason, such Subscriber, upon approval by Pacificnet, may enter into a new Agreement and must pay a new setup or activation fee as provided above. Upon the termination of a Subscriber’s use of the Service, Pacificnet has the right to immediately delete all data, files and other information stored in or for the Subscriber’s account without further notice to the Subscriber.

SPEED OF SERVICE. Speed rate depends upon the Subscriber’s Plan and line capabilities (e.g., loop length, line condition, gauge of copper wire and Phone Company provisioning). The maximum speed for ADSL is stated under optimal conditions and may vary significantly. Speeds are subject to a 20% overhead (e.g., 768k stated speed = 768k times 80% throughput = 614k actual speed). Minimum speeds are offered for a AT&T Subscriber and are based on the package’s listed minimum speed minus 20% overhead (e.g., 384-1500k/128-256k stated speed = 384k times 80% throughput = 307k actual speed.) Actual speeds that fit the 80% of the minimum throughput criteria are considered acceptable. A Verizon, Covad or Qwest Subscriber has no minimum speeds. All Services are provided on an AS IS basis and throughput speeds are not guaranteed.

EASY ISP CHANGE FOR AT&T SUBSCRIBERS. Completing the AT&T ISP change form authorizes AT&T to terminate DSL service with your current Internet service provider and further authorizes AT&T to establish DSL service with Pacificnet. Opting to use the ISP change process will reduce or eliminate the amount of downtime that you may experience when switching from your current Internet service provider to Pacificnet. Most Subscribers experience less than twenty four (24) hours of downtime during this process but overall downtime can be between zero (0) and four (4) business days. You are responsible, and you hold Pacificnet harmless, for any and all early termination, cancellation or other fees, charges or obligations resulting from your change of Internet service provider.

INSTALLATION. Unless otherwise requested by the Subscriber, the first available installation date will be provided. Any installation date provided to a Subscriber is only an estimate and is no way a guaranteed installation date. Subscribers understand and agree that circumstances may arise which delay a Subscribers estimated installation date and any such delay will not be considered a breach of this Agreement by Pacificnet. Payment for your initial month’s service (and if applicable: setup fees, installation fees, and equipment) must be received prior to your turn-on date in order for your setup instructions and IP information to be released to you. If your payment is not received by your turn-on date, you will be responsible for the service fees even though your IP and setup information has not been provided to you. A Subscriber’s computer must be equipped with an Ethernet Network Interface (NIC) card for proper DSL operation. Pacificnet does not include a PCI NIC card as part of the modem package.

SELF-INSTALLATION. Self-installation allows the Subscriber to install their DSL equipment. This option provides service to the minimum point of entry (“MPOE”) of your phone service. Your MPOE is normally located outside your building. Inside wiring and inside wiring repair is not included with this option. If inside wiring or inside wiring repair is required, you must contract with your circuit provider or other professional for such work at your own cost. Faulty inside wiring is not grounds for cancellation of your contract. Multi-line phones, phone systems, alarm system or special phone configuration may require a professional installation or special multi-line phone filters. Pacificnet does not provide nor is responsible for any special equipment including but not limited to a POTS splitter or multi-line phone filters. A required professional installation, need for special equipment in order to establish a connection or an incompatible phone line or phone system is not grounds for cancellation of your contract. A sixty dollar ($60.00) transfer fee will apply to any AT&T or Verizon Subscriber and a one hundred dollar ($100.00) transfer fee will apply to any Covad or Qwest Subscriber who must transfer their service to a standard phone line due to an incompatible phone line or phone system.

SUBSCRIBER SUPPLIED MODEM. If a Subscriber supplies their own modem, the Subscriber assumes the risk of service incompatibility. Incompatible Subscriber modems or other Subscriber equipment shall not relieve Subscribers from any of their obligations under this Agreement while troubleshooting defective or incompatible equipment even if Subscriber’s Service is down during such periods of troubleshooting.

SUBSCRIBER PREMISE EQUIPMENT. The PPPoE connection will allow one computer to use your DSL connection. Static IP accounts include a DSL bridge which can be used ahead of one computer or router provided by you. Pacificnet does not provide support for router(s). All packages include basic instructions and support.

TECHNICAL SUPPORT. Pacificnet assumes that the Subscriber has a basic understanding of their computer. Pacificnet will not train you in basic computer skills (e.g., deleting files or creating directories). Technical support is intended to facilitate the setup of your properly functioning computer system for access to our services. Your computer must recognize your modem or network card, and receive a dial tone or network link connectivity before any technical support will be dispensed. Our technical support staff is not trained to, has no obligation to and will not assist you in installing and/or troubleshooting modems, network cards, routers, complex network configurations or telephone lines, neither will they provide any technical assistance or support for any third party Software. Pacificnet is not responsible for connection problems due to a computer that is infected with viruses, spyware or malware. It is the Subscriber's responsibility to initiate and be available for technical support during Pacificnet's hours of operation. If a Subscriber wishes to utilize Pacificnet's technical support, the Subscriber must be available to help troubleshoot the connection or computer setup. Pacificnet does not provide on-site technical support.

MAINTAINING CURRENT TELEPHONE SERVICE. DSL service shares the Subscriber’s current telephone line and service. It is the Subscriber’s sole responsibility to maintain the phone line and phone number of original installation in continuous working order with the local phone company in order to receive the Services. A Subscriber who disconnects telephone service remains responsible for monthly service fees, Early Termination Fees and all other fees, charges and other obligations provided for in this Agreement. A sixty dollar ($60.00) transfer fee will apply to any AT&T or Verizon Subscriber and a one hundred dollar ($100.00) transfer fee will apply to any Covad or Qwest Subscriber who changes their current telephone service. This includes but is not limited to change of phone number, change of phone line or change of service location. A change in phone service will result in downtime while service is reestablished.

IP ADDRESSES. Each Subscriber is allowed one (1) computer device per IP address. Upon expiration, cancellation or termination of this Agreement, a Subscriber must relinquish any IP addresses or address blocks assigned to them by Pacificnet. Pacificnet may choose to assign any Subscriber a new IP address at any time.

ACCEPTABLE USE. Subscriber agrees to use the DSL Service in accordance with Pacificnet’s acceptable use policy (“Acceptable Use Policy”) published at http://signup.pacificnet.net/termsofuse.htm. Pacificnet reserves the right to make changes to the Acceptable Use Policy without notice.

PRIVACY POLICY. DSL Extreme will treat each Subscriber’s personal information in accordance with Pacificnet’s privacy policy (“Privacy Policy”) published at http://signup.pacificnet.net/termsofuse.htm. Subscriber agrees to the terms of the Privacy Policy. Pacificnet reserves the right to make changes to the Privacy Policy without notice.

PORT FILTERING. A port 25 (outgoing mail) filter is applied to all Subscribers to prevent against spam generated from our network. Pacificnet reserves the right to block any port without prior notice to protect the network and its Subscribers from potential virus attacks spreading over a certain port.

WARRANTIES AND LIMITATIONS OF LIABILITY.

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, EQUIPMENT AND SOFTWARE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY PACIFICNET (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT). PACIFICNET (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, SOFTWARE AND EQUIPMENT WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY PACIFICNET OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF PACIFICNET TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.

PACIFICNET DOES NOT WARRANT OR GUARANTEE THAT DSL SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF PACIFICNET HAS ACCEPTED YOUR ORDER FOR DSL SERVICE. THE PROVISIONING OF DSL SERVICE IS SUBJECT TO CIRCUIT AVAILABILITY AND OTHER FACTORS, INCLUDING WITHOUT LIMITATION, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR PACIFICNET SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY PACIFICNET -PROVIDED EQUIPMENT, PURSUANT TO THE TERMS OF THIS AGREEMENT).

PACIFICNET DOES NOT WARRANT THAT THE SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY PACIFICNET WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. PACIFICNET SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. PACIFICNET MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR THE INTERNET. PACIFICNET MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE, THE SOFTWARE, THE EQUIPMENT AND THE INTERNET GENERALLY. YOU AGREE NOT TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.

IN NO EVENT SHALL PACIFICNET (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF PACIFICNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.

ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 30 ALSO APPLY TO PACIFICNET’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.

ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH PACIFICNET (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), PACIFICNET’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE.

THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

PACIFICNET RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)

WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER OBLIGATIONS PACIFICNET (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEEMENT OR SUBJECTING PACIFICNET (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS TO ANY ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS OR (B) INCREASING ANY OF THE RIGHTS YOU ARE OTHERWISE ENTITLED TO PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIOINAL RIGHTS, THE MAXIMUM AGGREGATE LIABILITY OF PACIFICNET (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE UNUSED PORTION OF YOUR PREPAID FEES, IF ANY.

LINKS. Pacificnet or third parties may provide links to websites other than http://www.pacificnet.net or other resources. Because Pacificnet has no control over such websites and resources, you acknowledge and agree that Pacificnet is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Pacificnet will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

INDEMNIFICATION. You agree to defend, indemnify and hold harmless Pacificnet from and against all liabilities, costs and expenses, including reasonable attorney’s fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service, the Software, the Equipment or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Service, the Software, the Equipment or the Internet.

REVISIONS. Pacificnet may revise the terms and conditions of this Agreement from time to time (including any of the policies which may be applicable to usage of the Service) by posting such revisions to our website at http://signup.pacificnet.net/termsofuse.htm. Subscribers agree to visit this page and the links thereon periodically to be aware of and review any such revisions. Increases to the monthly price of the Service for Monthly Subscribers shall be effective beginning with the calendar month following the calendar month in which such increases are posted. Revisions to any other terms and conditions shall be effective upon posting. By continuing to use the Service after revisions are in effect, a Subscriber accepts and agrees to the revisions and to abide by them. Any Subscriber who does not agree to the revision(s) must terminate their Service immediately.

ASSIGNMENT. You agree not to assign or otherwise transfer, this Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be void. Pacificnet may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.

CHOICE OF LAW. You and Pacificnet agree that the substantive laws of the State of California, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND PACIFICNET CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN LOS ANGELES COUNTY, CALIFORNIA FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including California laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

COMPLIANCE. Pacificnet’s failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.

THINGS BEYOND PACIFICNET’S CONTROL. Pacificnet will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.

ENTIRE AGREEMENT. This Agreement, including all policies posted on Pacificnet’s website, which are fully incorporated into this Agreement by reference, constitutes the entire agreement between you and Pacificnet with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.

NOTICE. Notices by Pacificnet to you shall be deemed given: (a) when sent to your Pacificnet email address, (b) when deposited in the United States mail addressed to you at the address you have specified in your account options or (c) when hand delivered to your home, as applicable.

SURVIVAL. All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including without limitation, those provisions relating to Warranties and Limitation of Liability and Indemnification, shall survive such termination, cancellation or expiration.

© Copyright 2008. Pacificnet. All rights reserved. Pacificnet is a registered trademarks and service marks of Pacificnet in the United States. The other marks, which appear on this Web Site, may be marks of third parties that are not affiliated with Pacificnet. Pacificnet and its affiliates do not control or endorse the content of third party Web Sites.

 

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