After you have reviewed the Internet Service Agreement, please see the Acceptable Use Policy below.

By accepting this account you (the subscriber) agree to the following terms and conditions:

1) The term "company" refers to UpHi.net and it agents and assigns. The term "subscriber" refers to the person or entity signing this contract. The term "authorized account member" refers to the subscriber and other persons permitted use of the subscriber's account under the terms of this contract. The term "company host" refers to the computer facilities directly operated by company at its place of business in Mountainair, NM. The term "service period" refers to the length of time the subscriber has paid for.

2) All services provided to authorized account members by the company, either through access to the Internet or locally on the company host, may only be used for lawful purposes. Transmission or storage of any information, data or material in violation of an US federal or state regulations or law is prohibited. This includes, but is no limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material. The company may, from time to time, impose additional restrictions on the use of the service. Users will be notified of such additional restrictions, in advance if possible.

3) The subscriber is responsible for adherence to any rules and regulations pertaining to the communications means by which authorized account member connect their terminal or computer to the company host or any other service provided by the company.

4) Access to the company host shall be provided as a wireless service within the current area code 505 and in the community defined as "Mountainair" by the local service provider, UpHi.net. Company provides no warranty or guarantee that the wireless access to the company host is within, or will remain within, the area or local  area provided to the subscriber by his or her local service provider.

5) Service periods may be either monthly, quarterly, semi-annual or annual, and are not prorated. Payment of the service fee is due prior to the first day of the service period. Renewals not received prior to 15 days past the first day of the service period will be considered delinquent and subject to account termination. Returned checks are subject to a charge of $40.00, as well as suspension of the account until full payment is received.

6) The subscriber agrees that the company has the right to delete all data, files or information that is stored in the subscriber's account on the company host if the subscriber's account with the company is terminated for any reason by either the company or the subscriber.

7) ACCOUNTS ON THE COMPANY HOST CANNOT BE TRANSFERRED OR USED BY ANYONE OTHER THAN AUTHORIZED ACCOUNT MEMBERS. USE OF THIS ACCOUNT BY PERSON OR PERSONS NOT AUTHORIZED BY COMPANY IS STRICTLY PROHIBITED. ACCOUNTS WHICH HAVE BEEN TRANSFERRED TO OTHER PARTIES, OR SHOW OTHER ACTIVITY IN VIOLATION OF THIS AGREEMENT, ARE SUBJECT TO IMMEDIATE TERMINATION. THE COMPANY RESERVES THE RIGHT TO MAINTAIN LOGS OF ACCOUNT ACTIVITY AND TO USE SAID LOGS FOR THE PURPOSE OF DETECTING USAGE IN VIOLATION OF THIS CONTRACT. THIS PARAGRAPH IS NOT TO BE CONSTRUED SO AS TO ALLOW PROVIDER TO VIOLATE ANY STATE OR FEDERAL LAW REGULATING PRIVACY.

8) Service provided by the company can be canceled at any time by either the company or the subscriber, with written notice sent by the subscriber to the address of the company listed in this contract, or by the company, with written notice of the reason for termination sent to the last mailing address listed with the company by the subscriber. It is the responsibility of the subscriber to keep the company informed of his or her current mailing address.

9) The subscriber certifies that he or she is at least 18 years of age. The subscriber certifies that the legal names of all persons to be accepted by company as authorized account members are listed in the space provided. Subscriber further certifies that all authorized account members are related by blood or marriage, and living at the same permanent residence as the subscriber.

10) Company agrees to permit access by the subscriber and, if married, the subscriber's spouse, to use of individual e-mail addresses and passwords without additional charge.

11) Subscriber agrees to hold the company harmless for any offensive material that my be viewed by any authorized account member under the age of 18. Furthermore, subscriber agrees to indemnify and hold harmless the company from any claims resulting from the use of the service by any account member which damages either the account member, the subscriber, or another party or parties. Company agrees to assist subscriber by publishing on the company host, when known, Internet services that may be considered offensive. However, company will not arbitrarily censor information obtainable on the Internet for reasons of content.

12) Subscriber certifies that neither he nor she, or any other account member has been convicted of violation of any US Federal or state regulation involving either the illegal use of any regulated telecommunications facilities or illegal distribution of commercial computer software or data. Furthermore, subscriber certifies that neither he nor she, or any other account member has been removed from any other facility accessing the Internet for cause other than non-payment or voluntary cancellation by the subscriber.

13) LIMITED WARRANTY. THE COMPANY WARRANTS THAT, IF A SUBSCRIBER IS DISSATISFIED WITH THE SERVICE, THE COMPANY WILL, UPON WRITTEN NOTIFICATION FROM THE SUBSCRIBER TO THE COMPANY, REFUND THE SERVICE FEES PRORATED TO INCLUDE THE CURRENT MONTH AND ANY REMAINING MONTHS OF THE CURRENT SERVICE PERIOD. OTHER THAN THE FOREGOING, NO WARRANTY IS MADE BY THE COMPANY REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH, IN CONNECTION WITH, OR LOCATED ON THE COMPANY HOST OR OTHER SERVICES PROVIDED BY THE COMPANY, AND THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

14) LIMITED LIABILITY. ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION AND LIABILITY FOR DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE CURRENT SERVICE PERIOD.

15) Use of a company host account constitutes subscriber's acceptance of these terms and conditions.

Acceptable Use Policy

(Addendum to the Internet Service Agreement)

By continued use of Internet Services provided by UpHi.net, LLC, it is agreed that this Addendum, is subject to all definitions, terms and conditions of the Internet Service Agreement by and between UpHi.net, LLC (referred to as "Company") and Customer. Company and Customer herein, accept and ratify the terms and conditions of this Addendum with respect to and in addition to, the Internet Service Agreement cited above.

Now, therefore, both parties herein mutually agree to the following, and additional, Acceptable Use Policy:

1.    Customer agrees to comply with the rules, regulations and policies applicable to any network, server, computer database, web site, newsgroup or ISP that you access through Company services. Any violation of such rules, regulations and policies may serve as cause for Company to suspend or terminate your service.

2.    Customer agrees that Company reserves the right, with or without notice, to suspend or terminate the service provided to you under this Addendum upon the first or subsequent occurrence of any of the following events:

a.    The service is used in a manner which constitutes violation of any tariff, regulation, treaty or law (including, without limitation, copyright, privacy, criminal and international law);

b.    The service is used in a manner which is intended to abuse or to violate the privacy or property rights of others;

c.    The service is used to attempt to break security, or in fact, to break security of any computer network, or to access an account which does not belong to Customer;

d.    Customer agrees to immediately notify UpHi.net of any unauthorized use of your account, and/or any breach, or attempted breach, of security known to you;

e.    Customer agrees that posting commercial messages to a USENET group requires that commercial postings have been approved by the specific USENET group in its charter;

f.    Forging electronic mail headers (addresses), or any other method used to disguise Customer's identity, is strictly prohibited;

g.    Mail-bombing, that is sending mass amounts of e-mail to one recipient or system, with the intent to render said system dysfunctional;

h.    Non-authorized relays through any third party systems is strictly prohibited;

i.    SYN flood attacks (aka Denial-of-Service or DoS attacks), that is to overburden a recipient computer system by sending a high volume of spurious data which effectively impedes functionality, or totally disables recipient system(s), and any other methods of denial of service, are strictly prohibited;

j.    Mass unsolicited mailings, commonly known as "Spam", or "UCE", are strictly prohibited.

k.    Serving of files from Customer's connection (including, but not limited to:  Peer-to-Peer (aka P2P e.g. KaZaa, Grokster, eDonkey, Ares, BitTorrent, etc.), Client-Server (e.g. an FTP server or Web host), or similar automated mechanisms) is strictly prohibited.  Exceptions are single or multiple outbound or inbound file transfers that are initiated or allowed by the Customer in an interactive session to another client or server via a P2P or Client-Server session (AIM, ICQ, NetMeeting, etc.).

3.    Customer agrees that an infraction of any of the above is considered a material breach of its Internet Service Agreement with Company, and further, that such infraction(s) may result in immediate termination of said Agreement with no refunds due Customer for any unused portion of service at the discretion of Company.

General Disclaimer

The Internet is a network of unrelated telecommunications facilities, computers and computer software that provide for the exchange of information. As such, it is subject to many different points of failure, under the control of no single entity or individual, and cannot be assumed to be available for use at any given moment. It should under no circumstances be relied upon as the only means of communication of important information. Users therefore agree to hold UpHi.net, LLC and its subsidiaries, affiliates, related companies, employees, officers, directors and agents harmless in the event of the user's inability to access or communicate via the Internet.

Page Last Modified: 06/30/2006