FullNet Communications, Inc. Terms of Service Agreement

Agreement to these Terms of Service are required of every FullNet account holder, and take effect upon the purchase of any services from FullNet. These policies are made for your protection as well as ours, and help us to ensure that we continue to be able to offer reliable services to all of our customers. Please be sure you read and understand them prior to opening an account with us.

Terms of Service

FullNet will provide services on its host computing systems to individual customers in exchange for payment of fees and compliance with the terms and conditions of this document. FullNet services are defined as the use by Customer of computing, telecommunications, software, and information services provided by FullNet. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the world-wide computer network known as the Internet or any online services, if customer connects to said service via FullNet's network.

FullNet will make every reasonable attempt to ensure that customer services are provided on a reliable basis, to include Internet connectivity, proper IP routing, and transfer of email to and from the customer. Should any problems occur, FullNet will make every effort to ensure that services are restored in a timely manner.

Additional phone and/or long distance toll charges may apply if the customer chooses an incorrect modem number. It is the Customer's responsibility to check with their local telephone company, to determine if additional telephone charges may apply. FullNet Communications, Inc. is not responsible for any additional telephone charges that might occur as a result of the Customer's choosing the incorrect modem number for their particular market.

Account and Agreement Term

This agreement shall remain in effect until Customer terminates his/her account or FullNet cancels Customer's account. FullNet may occasionally require new registration and account information by Customer to continue this service. In addition, Customer shall notify FullNet in writing or by email of any changes in the account information, such as address or phone number. FullNet also requires updated credit card information, from those customers choosing this method of payment, one month prior to the card expiration date. We strongly recommend you send this information by mail.

All accounts described below are for personal access. Note that signing on with more than one concurrent user session through our modem pool is explicitly prohibited, as is lending or giving your account password to others, outside of your immediate family living in the same place of residence. The person who opens the account is the Primary Account holder and is responsible for the actions taken by any user of the account. FullNet recommends that each authorized user of an account read and understand these Terms of Service before using said account.

FullNet reserves the right to change the terms and conditions by notifying Customer in writing or by email at least 30 days in advance of the effective date of the change. Use by the Customer after the effective date constitutes acceptance of the new terms and conditions. If the customer does not agree to the new terms and conditions, Customer may cancel this agreement at any time by giving FullNet proper written notice in accordance with the terms and conditions stated herein. After the first 30 days of service, FullNet will not issue a refund for an account paid past the termination date.

FullNet also reserves the right to terminate an account at any time for any reason. If the account is terminated by reason of misuse, FullNet may keep any monies previously paid, or any portion thereof, as payment for damages. If the account is terminated by FullNet for reasons of malicious use or spamming of email or news groups, a $500 fee will also be accrued to the customer for reparation of any associated damages.

Account Privacy

FullNet will not sell or distribute our customer's information to any third parties, for any reason, without the express consent of the customer. Simple use of our services DOES NOT constitute such consent. We will, however, supply any information required by subpoena or court order to law enforcement agencies as required.

Billing Terms

FullNet will bill Customer monthly subscription and connection fees as set forth in FullNet's current rate schedule. This schedule may be modified by FullNet upon 30 days notice in writing or by email to Customer. An account with FullNet can only be opened by someone 18 years of age or older.

FullNet does not recommend sending cash through the mail; we are not responsible for the loss of your funds. Although we accept cash, checks, and money orders for payment on accounts, we prefer payment via VISA, MASTER CARD, American Express, and Discover.

If you use a credit card, your subscription will automatically be charged to your credit card on a monthly basis. Billing is done on the anniversary date of your account, your billing date will be the date the account was opened. We will automatically bill your credit card, each month, on your assigned billing date until FullNet is notified in writing of your request to cancel service. The request must come from the Primary Account holder. We also accept Checks and money orders as well as purchase orders from qualified firms. If full payment is not received by your due date, your account will be suspended until payment arrangements are made. There is a $25.00 service charge for each returned check.

Service payments will be submitted in advance of receiving services. Delinquent accounts are those that remain unpaid at the beginning of the next accounting cycle. If an account is delinquent for 5 days, FullNet reserves the right to suspend the account until payment is received. If an account is delinquent for 30 days, a $10 fee will be charged to re-instate the account. If an account is delinquent for 45 days, FullNet reserves the right to delete the account and all associated files. Once deleted, all record and files in your account are never accessible or recoverable.

The Customer must notify FullNet at least 15 working days before the next payment is due if Customer wishes to change the method of payment. Customer must notify FullNet at least 10 days before the next payment is due if Customer wishes to change type of account.

FullNet will invoice all accounts paid by means other than credit card or bank draft. You are responsible for remitting payment to FullNet before the next billing cycle to extend your subscription. Note that if your account expires due to non-payment, it will be held inactive for 30 days; if you renew before that time, your files and any incoming mail will remain intact, BUT YOUR RENEWAL WILL BE FROM THE EXPIRATION DATE, not the date of receipt of your payment. That is, if your account expires on March 15th, and we receive payment on March 30th for one additional month, your new expiration date will be April 15, NOT April 30.

Account Termination

Termination requests for FullNet accounts must be received in writing via email, or postal service at FullNet's main office. Accounts will be terminated within 5 working days after the receipt of such requests. Ongoing charges for an account will cease upon our receipt of a termination request. Customer remains responsible for any fees accrued prior to the termination date. After the first 30 days of service, FullNet will not issue a refund for an account paid past the termination date.

If you wish us to archive files to floppy disk when your account expires, you must deliver to us within 30 days the media necessary (sufficient floppy disks and a $20.00 processing charge). FullNet will archive the files, including your mailbox, and return them to you via US Post. Note that we must RECEIVE the media, payment and request prior to the 30 day period or we will have automatically deleted your account -- making recovery of the data impossible.

If you terminate your account and you do not intend to renew, we offer a mail-forwarding service where we will forward your email to your new account for 60 days. If you desire this service, you must advise us of such with your termination request. You must have the consent of the system administrators at the new forwarded site before we will install the forwarding address. Note that only mail which arrives after the forwarding is installed will be sent onward to you. You will be given retrieval access to your FullNet email account to access any remaining messages on our server. If forwarding is desired beyond 60 days, a $5 per month charge will be made to continue the service.

Customer is responsible for all fees up to the date of termination of the service, except where FullNet is unable to provide services under this agreement through its own negligence.

Security of Accounts

FullNet Email, Internet PPP/SLIP, personal web space, and Dedicated Dial-in accounts are for individual users and their immediate family living in the same place of residence, unless prior written arrangement are made, and Customer therefore agrees not to share the password or use of the account with others. Only one login session per account is allowed at any time. Customer acknowledges that FullNet may terminate the account without notice if the customer does not comply. Customer agrees not to use any FullNet services to obtain the passwords or other account details of customers or users on FullNet or other systems. Customer agrees not to use FullNet services to make unauthorized attempts to access the systems and networks of others.

Use of Material

Customer agrees not to use FullNet services to violate copyright or other intellectual property rights of any author or publisher. For example, Customer may not upload or download commercial software in violation of software license agreements.

Abuse of Internet Services

Customer agrees to: Use the services provided by FullNet only as permitted by applicable local, state, and federal laws. Not use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law. Refrain from mass posting of the same message to many inappropriate Usenet news groups (spamming). Refrain from mass, unsolicited electronic mailings. Refrain from harassment of other internet users, whether by behavior on IRC or other chat forums, unsolicited email, or other activities. Post commercial advertisements only where appropriate, and venues that specifically encourage or allow advertising. Respect the conventions of the newsgroups, lists and networks to which the customer is posting, including rules more restrictive than but not limited to the above. Abide by FullNet's interpretation of the above. FullNet technical staff are available for assisting the Customer with the interpretation or application of any of these rules by emailing your inquiry to support@fullnet.net.

Abuse of FullNet Services

Any use of FullNet system resources that disrupts the normal use of the system for other FullNet customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, and staying attached to modems while not really "active" on the line. Automated functions that keep a connection alive while the computer is unattended are prohibited. Depending on the nature and the severity of the abuse, the user may receive an email warning, have their processes halted, connection terminated, or have their account suspended by FullNet technical support. If the misuse is unintentional, the suspension may be rescinded following discussion with FullNet technical support. If the misuse is intentional, the suspension may be rescinded at the discretion of the FullNet management and may require the payment of a service re-connection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to FullNet management.

Discovering and Reporting Abuse

Violations of the FullNet Terms of Service are unethical and may in some cases be criminal offenses. You are asked to report to FullNet any information you may have concerning instances in which the conditions of use have been or are being violated. When FullNet becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, FullNet may suspend access to services to the individual account in question. This is done to protect the account owner in case the account security has been compromised. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the FullNet management following payment of a re-connection charge. If it is found that the account security was breached by no fault of the Customer, the account will be deleted and a new one created at no additional charge.

Although FullNet does not normally monitor account activities, we reserve the right to monitor Customer account activities when it is necessary to determine whether or not the account is being used in violation of the Terms of Service.

Offensive or Adult Materials

FullNet exercises no control over the content of materials accessed through FullNet. Some materials located on the Internet may be offensive or adult in nature. The primary accountholder understands that authorized minor users may have access to such materials and accepts responsibility for monitoring and/or controlling such access.

Warranties

FullNet makes no warranties of any kind, whether expressed or implied, for its services. FullNet specifically disclaims any implied warranties of merchantability or fitness for any particular purpose. FullNet will not be responsible for any losses or damages resulting from delays, non-deliveries, misdeliveries, service interruption, or Customer's errors or omissions. FullNet will not under any circumstances be responsible for consequential damages. Under no circumstances will FullNet's liability to the customer amount to more than that customer's monthly fee. Local market network activity and capacity, may affect access availability.

Jurisdiction

The validity, construction, and performance of this agreement shall be governed by the laws of the State of Oklahoma.

Severability

If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this agreement will remain in full force and effect.

Effective date

This agreement shall become effective when Customer Internet access is enabled.