Subscriber Agreement for Internet Access Accounts

1. Midtown Computer Services (MCS) is a computerized information service company which provides Internet access accounts to individuals and business using Serial Line Internet Protocol (SLIP) and Point-To-Point (PPP) connection methods, as well as through it's bulletin board, 24th Street Exchange. Subject to the terms and conditions of this agreement, MCS grants you (the subscriber) the non-exclusive right to access the Internet through MCS’s SLIP/PPP system or through the 24th Street Exchange, depending on the type of account chosen.

2. The subscriber understands that the information that is available or obtainable from MCS or from interconnecting networks accessible through MCS, may not be accurate, valid or suitable for a particular purpose. MCS makes no warranties of any kind, either expressed or implied, regarding the accuracy, quality or validity of the data and/or information residing on or passing through any networks. MCS will not be responsible for any damages you suffer from use of this data, or from loss of data resulting from delays, non-deliveries or service interruptions. Use of services provided by MCS and of information obtained from or through interconnection services provided by MCS, will be at subscriber’s own risk.

3. The subscriber agrees to use the services provided by MCS in a manner permitted by applicable local, state and federal laws. Subscriber agrees to indemnify and hold MCS harmless from and against all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys fees) relating to any acts by subscriber or materials or information transmitted by subscriber through MCS’s systems leading wholly or partially to claims against MCS by other parties.

4. The subscriber understands that sending mass junk email will result in a review of his or her actions, potentially leading to account termination. Mass junk email is defined as sending an electronic mail message to a list of email addresses of people who have not specifically asked to receive the message or to be included on the list. Mass junk email can also be defined as sending the same message into multiple Usenet newsgroups.

5. The subscriber understands that Individual Access Accounts are not to be used or shared by any other individual, and agrees that the user ID and password will remain private information and will not be distributed to any other individual.

6. The subscriber understands that parts of the Internet (Usenet newsgroups, FTP sites) contain language and subject matter that are for adult audiences. If the subscriber is less than 18 years of age a parent or guardian must sign and agree to this form.

7. Payment of current subscription rate for type of account chosen is to be made monthly, in advance, either by check, money order, cash, or credit card. If payment method is by credit card, subscriber authorizes MCS to charge the credit card for recurring monthly subscription fees (and set-up fees, if applicable), on or about the date service is established and monthly thereafter. Information for expired credit cards must be renewed prior to the credit card’s expiration date. Subscribers paying by check, money order or cash must initially submit first and last month’s payment. Thereafter, MCS will send an invoice each month and terms are Net 10 (payments are due 10 days from the date of the invoice). Delinquent accounts will be suspended. A charge of ten ($10.00) may apply for returned checks. Subscriber may terminate service at any time by contacting MCS by phone, fax, e-mail, or letter. Prepaid amounts for full months of service will be refunded. Amounts for a partial month’s service will not be refunded. MCS reserves the right to change or modify the current subscription rate after notice is given by a general bulletin, e-mail or surface mail at least 30 days before such change.

8. This agreement constitutes the entire agreement and understanding between Midtown Computer Services and you, the subscriber, and supersedes any other written or oral agreement. MCS reserves the right to change or modify this agreement after notice is given by a general bulletin, email, or surface mail. This agreement is made in California and is governed by the laws of the state of California and any applicable federal laws.

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