- "Subscriber," as used herein, means an individual, a corporation, or a legal entity who incurs usage charges for the Service for its own use or who incurs such charges on behalf of a third party, i.e., a User.
- "User," as used herein, means a Subscriber who uses Service or an individual, a corporation, or a legal entity whose Service usage charges are incurred by a third party, i.e., Subscriber.
- SERVICE: NAW will provide Subscriber and its Users access to the Internet (the "Service"), subject to conditions generally beyond the control of NAW, including the type and condition of the equipment (personal computer, modem, etc.) of Subscriber and/or its Users. Service may be temporarily unavailable or limited because of capacity limitations and may be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocations, repairs, and similar activities necessary for the proper operation of Service. NAW will notify Users of any anticipated outages via email, to the degree that we are able.
- ACCEPTABLE USAGE OF DIAL-UP ACCOUNTS: Subscriber and its Users agree to use dial-up accounts solely on an active dial-up basis, meaning only as needed and in no way on a standby or inactive basis in order to maintain a connection. Without limitation of the foregoing, Subscriber and its Users shall abide by the following provisions regarding usage:
- A dial-up account may be used for World Wide Web browsing, reading or posting to Usenet (see Section 13 below) newsgroups, sending, receiving and reading electronic mail and transferring files via the file transfer protocol.
- A dial-up account shall not be used to host a dedicated server site on the Internet.
- A dial-up account shall not be accessed simultaneously by multiple users using the same user ID.
- A dial-up account has only two mailboxes for incoming electronic mail unless additional mailboxes have been purchased.
- Automated processes may not be used such as checking e-mail or pinging the host to maintain a constant connection.
- INACTIVITY DISCONNECT POLICY: NAW reserves the right to disconnect a dial-up account after 15 minutes of inactivity, as detected by NAW through electronic means. This time is approximate and subject to change without notice in NAW's sole discretion. Electronic or mechanical means to avoid an inactivity disconnect are strictly prohibited. Electronic or mechanical means include, but are not limited to, "pinging" the mail server, employing electronic or software autodialer features to maintain an active connection or repeatedly checking for e-mail by autolog-in to the mail server. NAW reserves the right to electronically audit connections to enforce the above requirements.
- ACCESS: Service access will be provided via a local telephone number. When traveling, the Service may be remotely accessed via an 800 number at an additional charge. Subscribers may obtain a toll free access number by applying with NAW. You may view the toll free access agreement by clicking here. Toll free numbers are assigned to Subscribers for their own personal use and are subject to the Terms and Conditions of the Toll Free Access agreement incorporated herein by reference.
- PRICE: Subscriber shall pay to NAW the charges associated with the rate plan selected, including applicable taxes, 800 access charges, etc. NAW reserves the right to modify the charges upon 30 days' prior on-line notice to Subscriber.
- PAYMENT: Subscriber shall be invoiced on a monthly, quarterly , semiannual, or annual basis, in accordance with the rate plan selected by Subscriber upon registration with NAW. Payment shall be deemed made when received by NAW. If payment is overdue under the terms of any invoice submitted to Subscriber, interest on any outstanding balance shall be charged at a rate of 1½% per month. A fee of $35.00 shall be charged to Subscriber for any checks returned for nonpayment or non-sufficient funds.
- TERM AND TERMINATION: This Agreement becomes effective upon registration of Subscriber's login identification name and shall continue in effect until either NAW or Subscriber gives the other party written notice of termination on monthly billing accounts. NAW is proud to provide Subscribers with an annual Internet access account at the rate of $14.95 per month, billed annually. Early termination charges apply as follows: If Subscriber terminated agreement prior to the completion of one (1) year the portion of the Service used by the Subscriber will be recalculated at the billing rate of $20.00 per month. Subscribers payment will be applied at the rate of $20.00 per month for the portion used including the month of termination. Subscriber agrees to remit the balance due, if any, as a result of early termination.
- CREDIT: There shall be no credits, reductions, or set-off against the charges for Service for downtime or interruption of Service unless such Service interruption exceeds 72 hours in duration. NAW shall provide Subscriber with a credit equal to 3/30 of the recurring monthly charge for Service for each seventy-two hour period from the time of notice of interruption until Service restoration, provided Subscriber notifies NAW of the Service interruptions. No adjustments shall be made by accumulating periods of non-continuous interruption. A credit allowance will not be given for mistakes, omissions, interruptions, delays, errors, defects or curtailments in the Service caused by the negligence or willful act of Subscriber or others, or mistakes, omissions, interruptions, delays, errors or defects caused by failure of equipment or of Service as described in Section 2.
- LIMITATION OF LIABILITY: NAW SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICES NOT PROVIDED BY NAW, FAILURE OF COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTION NOT WITHIN THE COMPLETE CONTROL OF NAW, NOR SHALL NAW BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY SUBSCRIBER'S OR ITS USER'S EQUIPMENT. SUBSCRIBER AND USER HEREBY RELEASE NAW FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED BY THE SERVICE. NAW'S PERFORMANCE UNDER THIS AGREEMENT SHALL BE EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL COMMISSIONS, ACTS OF GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. NAW SHALL NOT BE LIABLE IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF THE SUBSCRIBER'S OR ITS USERS' EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL NAW BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC. THE LIABILITY OF NAW FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF OR DISRUPTION OF SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT EQUIVALENT TO CHARGES PAYABLE BY SUBSCRIBER UNDER THIS AGREEMENT FOR THE SERVICE DURING THE PERIOD SUCH DAMAGES OCCUR. NAW MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE SERVICE, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW.
- INDEMNITY: Subscriber and its Users shall indemnify and hold harmless NAW from and against any loss, cost, claim, liability, damage, or expense (including reasonable attorneys' 'fees) to third parties, relating to or arising from the use of the Service by Subscriber, User, or any of their personnel, whether or not Subscriber or User has knowledge of or has authorized such access or use, including, without limitation, claims for libel, slander, invasion of privacy, infringement of copyright, patent infringement (where Subscriber or User has used, connected, or combined the Service with the products or services of others), negligence, or tortuous behavior.
- SUBSCRIBER RESPONSIBILITY: Subscriber shall ensure that its Users shall comply with the terms and conditions of this Agreement. Any access to other networks connected to NAW's network must comply with the rules of the other networks.
- USE OF SERVICE: Subscriber and its Users agree to abide by and comply with the following terms and conditions:
- Misuse of Service: Subscriber and its Users shall not use the Service to make foul or profane expressions, to impersonate another person with fraudulent or malicious intent, to contact another person so as to annoy, abuse, threaten, or harass such other person, or for any purpose in violation of law, or in such a manner as to interfere unreasonably with the use of the Service by any of NAW's customers. The Service and underlying network may only be used for lawful purposes. Transmission of any material in violation of any US or state regulation is prohibited. This includes, but is not limited to: copyrighted material, material which is threatening or obscene, or material protected by trade secret. Subscriber agrees to indemnify NAW along with any parties from whom NAW obtains networks services, and to hold them harmless from any claims resulting from the use of the Service by Subscriber or its Users that damage another party or that violate the law.
- Usenet Policy and Posting Restrictions: Usenet comprises a system of bulletin boards called newsgroups. Usenet access is provided to dial-up customers of NAW. Subscriber and its Users shall not post to newsgroups until they have familiarized themselves with the subjects and established guidelines and restrictions of the newsgroup. All such Usenet guidelines and restrictions are hereby incorporated herein by reference and Subscriber and its Users unconditionally agree to adhere to them. These guidelines and restrictions include, but are not limited to, the following:
- Only post articles that are relevant to the newsgroup. Inappropriate or irrelevant postings are not appreciated by participants of newsgroups nor are they allowed under Usenet protocol.
- Most newsgroups do not allow commercial postings. Users should verify this restriction before making any such posting.
- Blanket postings to all or large numbers of newsgroups simultaneously with disregard to the newsgroups subject are forbidden.
- Chain letters are not allowed to be posted.
- Unauthorized creation of Newsgroups is prohibited.
- Harm to Equipment, Software and Processes: Subscribers agree to not cause harm to NAW or third party equipment, software, or processes used in connection with furnishing the Service. In addition to constituting a default under this Agreement, any breach of this provision may result in civil and/or criminal penalties pursuant to applicable local, state and federal law.
- Content, Accuracy of Information: NAW and its affiliates, along with any parties from whom NAW obtains network services, exercises no control whatsoever over the content of the information passing through NAW's network. NAW makes no warranties of any kind, whether express or implied, for the content of the information passing through its network. Use of any information obtained via the NAW network is at Subscriber's and its Users' own risk or the risk of their affiliates. NAW specifically denies any responsibility for the accuracy or quality of information obtained through its Service.
- Offensive and/or Harmful Material: The Internet hosts some material deemed unfit for viewing and reading by minors under the age of 18. Some sites contain information both in text and graphical formats that Subscriber and/or Users may consider obscene and/or harmful. Subscriber and/or Users agree to not hold NAW responsible for sites and postings that could be considered obscene, lewd, offensive, and/or harmful. Subscribers are responsible for their own monitoring and viewing habits and their Users, including minors. NAW does not block, filter or screen postings or sites on the Internet in whole or in part.
- DEFAULT: Upon a default by Subscriber NAW may, in its sole discretion, without limiting its remedies or incurring any liability to Subscriber, either temporarily discontinue or permanently terminate the furnishing of Service to Subscriber in whole or in part. "Default" means any failure by Subscriber to comply with any term of this Agreement, including without limitation, failure to make timely payment of any amount due NAW or failure to comply with the restrictions on use of Service set forth in Section 13. Where Subscriber's equipment is used with Service provided by NAW in violation of any of the provisions herein, NAW will notify Subscriber and take action as is necessary for the protection of the Service for use by its other customers. Subscriber shall discontinue such use of the equipment or correct the violation immediately and shall confirm in writing to NAW within five days that such use has ceased or that the violation has been corrected, and if Subscriber fails to do so, NAW will disconnect Subscriber's Service, without any credit allowance, until such time as Subscriber complies with the provisions hereof. NAW reserves the right to charge a reconnect fee for any discontinued Service that is subsequently reconnected.
- EQUIPMENT: Subscriber shall be responsible to provide for the proper installation, operation, and maintenance of Subscriber's equipment used in connection with the Service, and Subscriber shall ensure that such equipment is technically and operationally compatible with the Service and in compliance with applicable Federal Communications Commission rules and regulations.
- RESOLUTION OF DISPUTES:
- The parties desire to resolve disputes arising out of this Agreement without litigation. Accordingly, except for action seeking a temporary restraining order or injunction related to the purposes of this Agreement, or suit to compel compliance with this dispute resolution process, the parties agree to use the following alternative dispute resolution procedure as their sole remedy with respect to any controversy or claim arising out of or relating to this Agreement or its breach.
- At the written request of a party, each party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The parties intend that these negotiations be conducted by non-lawyer, business representatives. The location, format, frequency, duration, and conclusion of these discussions shall be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and correspondence among the representatives for purposes of these negotiations shall be treated as confidential information developed for purposes of settlement, exempt from discovery and production, which shall not be admissible in the arbitration described below or in any lawsuit without the concurrence of all parties. Documents identified in or provided with such communications that are not prepared for purposes of the negotiations are not so exempted and may, if otherwise admissible, be admitted in evidence in the arbitration or lawsuit.
- If the negotiations do not resolve the dispute within 60 days of the initial written request, the dispute shall be submitted to binding arbitration by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. A party may demand such arbitration in accordance with the procedures set out in those rules. Discovery shall be controlled by the arbitrator and shall be permitted to the extent set out in this section. Each party may submit in writing to a party, and that party shall so respond, to a maximum of any combination of 35 (none of which may have subparts) of the following: interrogatories, demands to produce documents and requests for admission. Each party is also entitled to take the oral deposition of one individual of another party. Additional discovery may be permitted upon mutual agreement of the parties. The arbitration hearing shall be commenced within 60 days of the demand for arbitration. The arbitration shall be held in Olympia, Washington. The arbitrator shall control the scheduling so as to process the matter expeditiously. The parties may submit written briefs. The arbitrator shall rule on the dispute by issuing a written opinion within 30 days after the close of hearings. The times specified in this section may be extended upon mutual agreement of the parties or by the arbitrator upon showing of good cause. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
- Each party shall bear its own costs of these procedures. A party seeking discovery shall reimburse the responding party the costs of production of documents (to include search time and reproduction costs). The parties shall equally split the fees of the arbitration and the arbitrator.
- MISCELLANEOUS: This Agreement shall be governed by, construed under, and enforced in accordance with, the laws of the state of Washington. In the event of a conflict between this Agreement and any applicable tariff, the tariff shall prevail. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. This Agreement and any documents incorporated herein by reference, embodies the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, and all contemporaneous oral agreements and understandings relating to the subject matter hereof. NAW may amend the terms and conditions of this Agreement by giving Subscriber 30 days prior on-line notice. This Agreement is subject to modification by any authorized regulatory agency. NAW may assign this Agreement without limitation, but Subscriber may not assign this Agreement without NAW's prior written consent. This Agreement shall be binding on the parties hereto and their respective personal and legal representatives, successors, and permitted assigns.