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Service Agreement With Canufly Family Of Internet Providers
The Canufly Family Of Internet Providers (Canufly) provides network computing, telecommunications, and information services, as well as access to network computing telecommunications, software, and information services provided by others via the Internet (collectively referred to as "Network Service"). Except as provided in paragraph 8.5 hereof, the terms of these Canufly Basic Access Rules ("Rules") and the Canufly Access Subscription ("Subscription") constitute the entire and only agreement (collectively, the "Agreement") between Canufly Internet and Member and supersede all other communications and agreements with regard to the subject matter hereof. Member's use or access of the Network Service constitutes full acceptance, agreement and understanding of the terms and conditions of the Agreement and any future modifications thereof.

1. USE OF SERVICES
Member accounts are for individual use only. Member shall maintain a secure password and take reasonable measures to prevent the unauthorized use of Member's password.
Member shall disconnect from the Network Service after any login connection is idle for ten (10) minutes. Canufly Internet reserves the right to terminate an idle connection if it exceeds ten (10) minutes.
A quota of 5 megabytes of disk space is allocated to each Member. If the disk quota is exceeded, a fee of $1.00 per megabyte per month will be billed to Member for the billing period during which the disk quota is exceeded.
Paragraphs 2. 1, 2.2, 2.3, and 2.4 apply to individual dial-up accounts. Canufly Internet also offers dedicated connections and dedicated lines. These dedicated service accounts may not be governed by paragraphs 2.1, 2.2, 2.3, or 2.4 but are governed by all other terms and conditions of the Agreement. If Canufly Internet determines that the use of an individual dial-up account is excessive, Canufly Internet reserves the right to convert Member to a dedicated service account.
Commercial posting to non-commercial newsgroups or postings which are directed to inappropriate, unrelated, or more than 20 groups are prohibited.
Member may use Canufly Internet's Network Service for lawful purposes only. All uses by Member of Canufly Internet's Network Service shall comply with all local, state, and federal laws as well as, all rights, obligations, limitations or other interests of any third person or entity. Member shall not use the Network Service to conduct any business or activity or solicit the performance of any activity that is prohibited by law, including but not limited to the transmission of material determined to be threatening or obscene, copyrighted material, or material protected by trade secret.
Member shall not use any process, tool, program or other method over the Network Service or any other network systems to ascertain another Member's password. Member shall not use the Network Service to make unauthorized access or attempt unauthorized access to the systems and/or networks of others.
MEMBER'S USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. NEITHER CANUFLY INTERNET NOR ANY OF ITS LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. NEITHER CANUFLY INTERNET NOR ANY OF ITS LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER CANUFLY INTERNET NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE NETWORK SERVICE OR INABILITY TO USE THE NETWORK SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.

2. FEES AND PENALTIES
Payment for the use of the Network Service shall be made in advance for each month's service and shall be billed in accordance with the subscribers billing cycle, which is the beginning of Canufly Internet's accounting cycle, and will be due within 10 days thereafter. Monthly service charges on new accounts will be prorated. Monthly service charges for canceled accounts will not be prorated. Payments on accounts are due within 10 days after billing each and every month. If invoice is not paid in 45 days the account will be suspended. If invoice is not paid in 60 days the account will be turned over to a professional collection agency.
A delinquent account is one that remains unpaid at the beginning of the next accounting cycle. Accounts that are delinquent by one accounting cycle may be put on "Accounting Hold" and can not be used. Accounts that are unpaid for three accounting cycles automatically will have their files purged. Canufly Internet accounts continue to accrue monthly service charges while they are on Accounting Hold.
In order to remove an account from Accounting Hold, Member must pay the delinquent amount in full plus an interest charge on the delinquent amount as set forth below.
An interest charge of 1 1/2% per month (18% per year), or the maximum allowed by applicable law, whichever is less, shall be charged on all delinquent amounts until paid in full. Member agrees to pay all costs of collection, including court costs and attorney's fees, that Canufly Internet may incur in collecting Member's delinquent account.
Canufly Internet offers automatic credit card charging of monthly services. If Member elects to be invoiced monthly, a $1.50 per month service processing fee will be added to the amount due. If Member fails to meet payment via email, a paper statement will be mailed and $1.50 per month service processing fee will be added to their invoice. For credit card accounts, access to the account may be restricted if credit card processing fails for any reason.
If the account is paid by check and it is returned unpaid, the account will be subject to a returned check fee of up to $25.00.
On all delinquent accounts: a late fee of $5.00 or 1 1/2 % per month (18% per year), whichever is greater, or the maximum rate allowed by applicable law shall be charged on all accounts if payment is made after the due date.

3. TERMINATION AND CANCELLATION
Member may cancel the account upon written notice received by Canufly Internet in its main office by e-mail, fax, or regular mail at least five (5) days prior to the 1st day of the next accounting cycle. Cancellation of the account does not relieve Member of responsibility for any past due amounts owed at the time of cancellation.
Canufly Internet reserves the right in its sole discretion to suspend or terminate Member's account at any time. Termination or cancellation of the account by either party shall not act as a waiver of any breach of the Agreement and shall not act as a release of either party from any liability for breach of such party's obligations under the Agreement.

4. MISCELLANEOUS
Canufly Internet may without notice amend or supplement the Agreement as it deems necessary without permission or consent of Member.
Canufly Internet may, upon 30 days notice, change the service charge for Member accounts.
Customer is responsible for any long distance or telco charges.