PSTEL.Net consists of computing and information services and software, information and other content provided by PSTEL.Net. In addition, third parties provide information, software, and other content (collectively, "Third Party Content") which may be accessed over the Service.

INTRODUCTION
These Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.

These Terms and Conditions are part of the terms of your Service Agreement with PSTEL.Net, and you are bound by them. PSTEL.Net may modify these terms at any time by publishing the modified term(s) over the Service.
By logging into your account, connecting to the service via your account, or uploading files to the server, you are indicating your acceptance of these Terms and Conditions.

COPYRIGHTED MATERIAL
Copyrighted material must not be placed on the PSTEL.Net without the permission of the owner(s) or person(s) they specifically authorize. Only the owner(s) or such authorized person(s) may upload copyrighted material to the PSTEL.Net.

Subscribers may download copyrighted material for their own use. Except as expressly provided by copyright law, copying, redistribution, or publication must be with the express permission of PSTEL.Net and the owner(s) or such authorized person(s), if other than PSTEL.Net. Permission must be specified in the document, on PSTEL.Net, or must be obtained directly from PSTEL.Net, and the owner(s) or such authorized persons(s), if other than PSTEL.Net. In any copying, redistribution, or publication of copyrighted material, any changes to or deletion of author attribution or copyright notice are prohibited.

PUBLIC DOMAIN MATERIAL
Any subscriber may upload public domain programs to PSTEL.Net. Any subscriber may download public domain programs for their own use or non-commercially redistribute a public domain program. Subscriber assumes all risks regarding the determination of whether a program is in the public domain.

CONTENT & USES OF THE SERVICE
DSL service not for re-sale. Service only intended for use on residential and/or business premises of customer subscribing to DSL service, and not permitted to extend beyond actual structural building premises of customer.

Subscriber agrees not to publish on or over PSTEL.Net any information, software or other content which violates or infringes upon the rights of any others or which would be abusive, profane or sexually offensive to an average person, or which, without the approval of PSTEL.Net, contains any advertising or any solicitation of other subscribers to use goods or services. This paragraph, however, shall not be interpreted to restrict subscriber from utilizing PSTEL.Net web-mail in the conduct of a legitimate business except that subscriber may not, without the approval of PSTEL.Net, send unsolicited advertising or promotional material to other PSTEL.Net subscribers.

Subscriber agrees not to use the facilities and capabilities of PSTEL.Net to conduct any business or activity, or solicit the performance of any activity which is prohibited by law, or to solicit subscribers to become subscribers of other competitive information services.

Subscriber agrees not to use the facilities and/or capabilities of PSTEL.Net to send unsolicited advertising or unsolicited promotional material to other internet users. The sending of SPAM (otherwise known as unsolicited email advertising) is expressly prohibited and will be considered a violation of this agreement.

EDITING AND DELETING CONTENT
PSTEL.Net reserves the right in its sole discretion to edit or delete any information, software or other content appearing on PSTEL.Net, regardless of whether it violates the standards for content.

MONTHLY PAYMENTS
Your selected price plan is considered a monthly recurring charge (monthly service). PSTEL.Net bills for full a 30 days monthly service in advance, unless otherwise specified. All invoices are due upon receipt, or by the specified due date on your bill. Payments received after the due date will result in cut-off of service, and will be subject to a reconnection fee. The established monthly rate for PSTEL.Net service is subject to change. PSTEL.Net will make a reasonable effort to notify customers affected by any such rate change. For sake of this notification, an e-mail message to the account is considered "reasonable notification".

All 1-800 charges for roaming outside the network will be billed at the rate of 10 cents per minute. If you are not on our unlimited price plan, there is a charge of 99 cents each additional hour you exceed your price plan’s monthly allotment. These additional charges will be billed on your PSTEL.Net bill, in addition to your recurring monthly service plan.
All DSL High Speed Internet Plans plans will be billed on your Public Service Telephone Company bill.
All package prices are in United States dollars.

PSTEL.Net is not responsible for any credit card charges or expenses (i.e. overdrawn accounts, exceeding credit card limits, etc.) resulting from PSTEL.Net charges billed to a credit card.

Subscribers are responsible for notifying PSTEL.Net of credit card expirations, and providing new credit card numbers for continued billing of PSTEL.Net Service. It is not the responsibility of PSTEL.Net to contact subscribers with rejected credit card payments due to expired cards. Rejected credit card payments will be treated as non-payment, and may result in disconnection of service. A reconnection fee may be applied.

LATE PAYMENTS AND RECONNECTION FEES
PSTEL.Net may bill an additional charge to re-instate service, if service has been cut-off due to non-payment by the due date.

SERVICE TERMINATION
PSTEL.Net reserves the right in its sole discretion to suspend or terminate service to any subscriber at any time. Failure to pay invoices by the beginning of service for the upcoming month billed, will result in immediate cut-off of access to the PSTEL.Net service. Payment to PSTEL.Net for any month(s) service, is indication of acceptance for that months service, and no refunds will be made.

WARRANTIES
PSTEL.Net exercises no control whatsoever over the content of the information passing through the PSTEL.Net service. PSTEL.Net makes no warranties of any kind, whether expressed or implied, for the service it is providing. PSTEL.Net also disclaims any warranty of merchantability or fitness for a particular purpose, and any obligation to maintain the confidentiality of information, although PSTEL.Net's current practice is to utilize reasonable efforts to maintain such confidentiality. PSTEL.Net will not be responsible for any damage you suffer from use of the PSTEL.Net service. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions, or due to inadvertent release or disclosure of information sent by you. Use of any information obtained via PSTEL.Net is at your own risk. PSTEL.Net specifically denies any responsibility for the accuracy or quality of information obtained through its service.

INDEMNIFICATION
Subscriber agrees to indemnify and hold PSTEL.Net harmless from any claims and expenses, including reasonable attorney's fees, related to subscriber's violation of this Terms & Conditions service agreement, including these terms or any information, software or other content placed on PSTEL.Net by the subscriber.

The use of PSTEL.Net to transmit certain kinds of information (including without limitation, computer software and other technical data) may violate export control laws and regulations of the United States, whether that information is received abroad or by foreign nationals within the United States. Since PSTEL.Net exercises no control whatsoever over the content of information passing through its service, the entire burden of complying with such laws and regulations rests with its subscribers. You agree to comply with such laws and regulations and to indemnify and hold PSTEL.Net harmless from any damages it may suffer resulting from any violation of the export control laws of the United States.

GENERAL NOTICES

• Unauthorized attempts to enter or bypass the security of the PSTEL.Net network or PSTEL.Net infrastructure is strictly prohibited. Likewise, attempting to "crack", bypass, or compromise the security of any other Internet user or network is prohibited. This includes, but is not limited to, port scans, "root" compromise attempts, IRC-related incidents (k-lines), and tools such as Back Orifice or other "exploits" designed for such purposes.
• If you exceed the allotted space for your account, PSTEL.Net reserves the right to charge for this excess space. This includes all of your files on the server including your email files.
• Your login account is for your personal use only. You must not divulge your password to any other person and you should take proper precautions to insure that it is not discovered by other people.
• Data stored on PSTEL.Net servers is not guaranteed to be backed up. It is recommended that you make independent backups of data you consider important.
• You are not allowed to run server processes from your account.
• You are not allowed to leave unattached process running in your account when you log out of the system.
• PSTEL.Net reserves the right to monitor all activity on the server. In the event PSTEL.Net detects activity that they feel is improper, PSTEL.Net can provide any evidence they have available to the proper authorities.
• PSTEL.Net shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.
• When your account is closed, all files (including web pages, e-mail, etc.) will be deleted from PSTEL.Net servers.
• By logging into your account, connecting to the service via your account, or uploading files to the server, you are indicating your acceptance of these Terms and Conditions.

• You are responsible for the content of your pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate US law.
• You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your page(s).
• PSTEL.Net reserves the right to remove material deemed inappropriate from your web pages, without prior notice.
• PSTEL.Net reserves the right to impose additional charges for web sites which consume space over the amount allotted.
  

DIAL UP SERVICES

• PSTEL.Net makes no guarantees about the availability or quality of dialup services.
• Local access numbers are not available in all areas.
• Multiple modem logins using the same login account are not allowed.
• PSTEL.Net reserves the right to terminate any connection to its services for any reason at any time.

E-MAIL

• Using PSTEL.Net to transmit any unsolicited commercial email or unsolicited bulk email is prohibited. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited. This includes, but is not limited to email sent as a result of a machine being infected by a worm or virus.
• Forgery or impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous re-mailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam email address collectors is allowed.
• Fraudulent activity. Using PSTEL.Net to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters" is not allowed.
• Illegal use. Using PSTEL.Net to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder is prohibited.
• Harm to minors. Using PSTEL.Net to harm, or attempt to harm, minors in any way is prohibited.
• Threats. Using PSTEL.Net to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property is prohibited.
• Harassment. Using PSTEL.Net to transmit any material (by email, uploading, posting, or otherwise) that harasses another is prohibited.
• PSTEL.Net does not have a limit on email messages and/or e-mail space utilized in accounts. However, PSTEL.Net will charge $1 per MB of space, per e-mail address, for all space over the 5MB.
• PSTEL.Net may, at its discretion, restrict access to its servers from users or network locations that have or are abusing access to PSTEL.Net's facilities. This may include but is not limited to email access from known spam sources or spam friendly servers or networks.

800 ACCESS NUMBER CHARGES
In addition to monthly service plan fees, using an access number with an 800 area code will incur additional PSTEL.Net usage charges, but not by your local telephone company. You will be charged 10 cents Per minute (or $6 per hour) for using the 800 access number.

TOLL CHARGES
All plans, based on the number of hours included, provides for local access dialing access outside of your area at no additional charge. This means, PSTEL.Net has local dialing access numbers for many locations outside of Public Service Telephone markets. However, you must use the local dialing access number provided by PSTEL.Net, for the location you intend to dial from. Use of local dialing access numbers other than those provided, may result in charges to you. You are responsible for all amounts charged by your telephone company for all charges associated with connecting to the service through an available access number. You are also responsible for determining whether or not you will incur a charge from your telephone company for connecting to the service using the access numbers. Please note that an access number that shares your area code or appears to be located in your general geographic area may not necessarily be a local number to you. Access numbers that share your area code may still result in charges to you. Please check with your local telephone company before selecting a number. Significant toll charges may apply to numbers that you do not verify as local to your individual area or calling plan.

DIAL-UP ACCELERATOR
PSTEL.Net Dial-up Accelerator accelerates certain web page text and graphics when compared to standard dial-up internet service. Actual results may vary. Some web pages such as secure or encrypted web pages will not be accelerated. PSTEL.Net Dial-up Accelerator is not broadband service and actual data transmission rates are not faster than standard dial-up internet service. Transmission of files including, without limitation, streaming audio or video, digital photographs, MP3 or other music files, executable files and other downloads, is not faster using PSTEL.Net Dial-up Accelerator than with standard dial-up service. PSTEL.Net Dial-up Accelerator is available only for Windows 98 (Second Edition) and above.