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TERMS of SERVICE

Banyan Online Service LLC (BOS) Service Agreement

Banyan Online Services LLC (Herin BOS) provides internet access subject to your acceptance and compliance with the terms and conditions below:

Introduction:

This Agreement set forth the terms and conditions under which BOS agrees to provide High Speed internet access to you. By accepting the terms and conditions of this agreement you agree to abide by and require others using the service via your account to abide by the terms of this agreement, and warrant that you are 18 years of age. This agreement takes effect on the date you accept the terms and conditions and is in force until your subscription for services is terminated or expires. BOS reserves the right to changes the terms of services including but not limited to prices and bandwidth limits at any time by posting changes on our web site www.banyanol.net. Your continued use of the service after the effective date of the change constitutes your acceptance of the changes. The current agreement posted on our website supersedes all previous versions of the agreement. If you have any questions regarding this agreement please contact us support@banyanol.net.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT PLEASE NOTIFY BOS AND DISCONTINUE USE OF THE SERVICE.

Subscription:

Your subscription entitles you to use our internet service. Your subscription can not be transferred, assigned, resold, or sub licensed. You agree not to share, sell or retransmit our internet signal to any location other than the address listed on our Agreement. You agree that you are solely responsible for any and all breaches of the terms and conditions of this agreement, whether such breach is caused by you or someone else. ANY BREACH OF THIS AGREEMENT WILL RESULT IN THE TERMINATION OF THE SERVICE, AND FORFIETURE OF ANY PREPAYMENTS FOR SERVICES. YOU WILL BE RESPONSIBLE TO RETURN ANY EQUIPMENT BELONGING TO BOS OR ALLOW BOS OR ITS AGENTS TO ACCESS YOUR PREMISES TO RECOVER OUR EQUIPMENT.

Payment:

You agree to be responsible for and pay all installation, and monthly fees for service when due, including all taxes, service, late, past due, reconnect and optional fees incurred by you. Monthly access fees will be billed one month in advance, and will be based on your activation date. (EX: if your activation date is the 15th of the month all subsequent payments will be due on the 15th of the month.) A late fee of $10.00 will be assessed to any account that is 15 days past due. Any account that is 30 days past due will have the service discontinued and be subject to the late fee and a $25.00 reconnect fee. We may require a security deposit for any account that has been reactivated due to late payments. All delinquent accounts will accrue interest at the rate of 2% per month until all past due charges have been paid.

Installation:

To receive our wireless signal and provide Internet Service to you it will require us to install equipment at your premises. You agree to allow us to mount this equipment including but not limited to radio receiver, mounting hardware, cables and additional items in the location that we determine to best receive the best signal from our transmitters. If we are not able to get an acceptable signal due to obstructions within 15 days of our first attempt we will cancel this agreement and make a complete refund to you. You agree to allow access to your premises to BOS employees or their agents to install all necessary equipment. We will schedule an appointment with you for this installation and make every reasonable effort to keep this appointment. If we need to cancel the appointment due to inclement weather or other conditions we will reschedule your appointment for the next business day. If you cancel or are unable to keep the scheduled installation appointment we will reschedule your appointment following all other previously scheduled appointments.

If you are not the owner or the Premises where the service is to be installed you warrant that you have the permission of the owner of the Premises to allow BOS or its agents to install the service. You further agree to hold BOS harmless from and against any claims of the owner of the Premises arising out the performance of this agreement.

You acknowledge that as part of the installation that BOS or its agents may have to make modifications to you computers configuration to receive the service. BOS is not responsible to return your computer to its original configuration should you discontinue our service. As part or our installation fee we will configure one computer to receive the service. Additional charges could be incurred if we need to add hardware to your computer to receive the Service. This Agreement does not constitute an agreement for BOS to make the service available to an in home or business network. If assistance and or hardware is needed to make the Service available to an in home or Business network an estimate will be provided to you for the configuration of said services.

The installation fee will include our standard hardware and up to two hours of labor. If additional mounting hardware is required to receive our signal we will advise you prior to our installation. Additional labor beyond the first two hours will be billed at out applicable rates. We will give you an estimate of installation time should we determine that we will exceed our two hour normal installation time.

Equipment:

All equipment installed at your premises by us or our agents shall remain the property of BOS. You shall not attempt modifications, adjustments, configuration changes, or otherwise tamper with our equipment. You may not sell, transfer, lease, encumber or assign all or part of the equipment to any third party. You will pay for the full retail cost of, or the repair or replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered, or assigned equipment or part thereof, together with any costs incurred by us in obtaining or attempting to obtain possession of any such equipment.

Support and Maintenance:

BOS configure our equipment to receive the internet signal and test the functionality of the service .We will configure your computer and browser to receive the service and set up your BOS e-mail account on your computer. Service will be considered to be fully operational and acceptable to you if Banyan Online Services owned diagnostic equipment connected to our reciever can transfer data to and from our internal servers at the data rates specified in the Subscriber Service Agreement. Configuration of additional computers will be your responsibility or could result in additional charges from us. Support is limited to the connection of the backbone to our servers only. The functionality of additional services, software, non BOS email accounts, firewalls, VPNs or any third party applications is not the responsibility of BOS or its agents. If BOS employees or their agents are dispatched to restore connectivity, relocate radios and or antennas additional labor could be incurred by you. BOS is not responsible for any structure that may be erected in the future that obstructs or interferes with your ability to receive our signal. This includes but is not limited to buildings, trees, foliage etc.

Service Outages:

Periodic outages could occur due to routine maintenance and periodic system repairs, upgrades, and reconfigurations, public emergency or necessity, restrictions imposed by law, acts of God, force majeure, labor disputes and other situations. Banyan Online Services does not guarantee continuous or uninterrupted service and reserves the right to occasionally reduce or suspend service without notice. In the event of an outage BOS will make every attempt to restore the service as quickly as possible.

Account Termination:

You may cancel this agreement at anytime by notifying us in writing of you intention in writing. This notice can be emailed to support@banyanol.net or mailed to our office. You will be responsible for 50% of the unpaid portion of your contract. Any and all discounts that you received for prepayment or any promotions that we may have run will be deemed void and you will be responsible for their payment. Upon termination of your agreement you will return or allow BOS or its agents to recover all of out equipment. You will be billed for all equipment not returned to us within 30 days of the termination or expiration of you agreement with us. BOS is not obligated in any way to return your premises its condition prior to the installation of our equipment.

Governing Law and Venue:

The laws of the State of Michigan shall govern the terms of this Agreement. The parties hereto stipulate and agree that the exclusive venue for the resolution of all disputes concerning this Agreement shall be in Saint Clair County, Michigan.

Contract Term Renewal:

Following the initial contract term, agreement will renew monthly unless cancelled by either party. BOS reserves the right to change subscription rates and bandwidth rates at any time, and this contract will be subject to the rates in effect at the time of renewal.

Entire Agreement: This Agreement constitutes the entire agreement between the parties and no other representations or statements will be binding upon the parties. If any part of this agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect.

Questions: If you have questions about this document, contact us via email at support@banyanol.net.

Acceptable Use Policy

1. Prohibited Activities. You may not use the Service in a manner that violates any applicable local, state, federal or international law, order or regulation. Additionally, You may not use the Service to:

o Conduct, participate in, or otherwise facilitate pyramid or other illegal soliciting schemes.

o Take part in any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature.

o Invade another person's privacy, stalk, harass, or otherwise violate the rights of others.

o Post, transmit, or disseminate content that is threatening, abusive, libelous, slanderous, defamatory, incites hatred, or is otherwise offensive or objectionable.

o Restrict, inhibit, or otherwise interfere with the ability of any other person to use or enjoy the equipment or the Service, including, without limitation, by posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, Trojan horse, cancelbot, or other harmful feature.

o Collect or store personal data about other users.

o Use an IP address not assigned to you.

o Violate any other BOS policy or guideline.

o Resell or redistribute the Service to any third party via any means including but not limited to wireless technology.

2. Harm to Minors. You may not use the Service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, or transmitting material that is unlawful, including child pornography or obscene material.

3. Commercial Use. The Service is designed for personal use of the Internet and may not be used for commercial purposes. You may not resell or otherwise charge others to use the residential Service. You agree not to use the Service for operation as an Internet service provider, or for any other business enterprise, including, without limitation, IP address translation or similar facilities intended to provide additional access.

4. Servers. You may not operate, or allow others to operate, servers of any type or any other device, equipment, and/or software providing server-like functionality in connection with the Service, unless expressly authorized by BOS

5. Electronic Mail.

You may not use the Service to send unsolicited bulk or commercial email messages ("spam"). Any unsolicited email must also not direct the recipient to any web site or other resource that uses the Service. The Service may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services that violates this Policy or the acceptable use policy of any other Internet service provider. In addition, "mail bombing," the sending of numerous copies of the same or substantially similar messages or very large messages or files with the intent to disrupt a server or account, is prohibited.

I. INTRODUCTION:
Banyan Online Services Online Services (hereinafter, BOS) starts every new Customer (Account owner) relationship with a contract (Terms of Service, Acceptable Use Policy and User Agreement, hereinafter TOS). We do not know each Customer or User (User of an account.) personally, so it is important to set out the ground rules clearly in advance. We will post the TOS, including any changes, at http://www.banyanol.net. Your continued use of the service and open account constitutes acceptance of the TOS, Exhibit A and any revisions. If you have any questions about any part of this contract, e-mail us at support@banyanol.net or call 810-392-3593. If you do not agree to this contract, immediately discontinue use of this service and contact us to cancel your account. If you do agree, then Welcome to Banyan Online Services!

II. TERMS OF SERVICE:

A. Accounts, Services and Prices:
Information regarding accounts, services and prices are in Exhibit A ("Accounts, Services and Prices"). BOS reserves the right to discontinue, terminate, suspend or refuse services to anyone for any reason without notice. BOS reserves the right to change, discontinue or revise prices, fees and services offered at any time. Price changes will be announced in the Whats New page at banyanol.net and/or emailed to your BOL email address at least 30 days in advance.

B. Payment:
1. Information regarding accounts, services and prices are in Exhibit A ("Accounts, Services and Prices").
2. Customer agrees to pay charges for the service when due, including all taxes, service, late, past due, reconnect (if applicable), and optional fees incurred by you on your account. If you pay via credit card, you authorize us to automatically charge any amounts due by you to the credit card you provided to BOS. You agree to provide current credit card information (if applicable), postal address and telephone number.
3. Accounts unpaid by the due date are past due. Accounts 10 days past due will have their logins suspended. Accounts 30 days past due will be cancelled and all files and e-mail on the system will be deleted. Returned checks are subject to a returned check fee of $20.00. Failure to use this account does not relieve you of payment obligation. Service fees will be charged until account is cancelled by you.
4. Customer agrees to pay for all costs related to damages caused by their account. BOS reserves the right to collect damages (software, hardware and man-hours) against Customers if any harm is done to BOS by their actions which require repair, reconfiguration, clean up, response to complaints or labor of any kind. These costs may include, but are not limited to, reasonable attorney's fees and court costs (where applicable and allowed), cost of hiring consultants, costs of replacement equipment, and any other related costs. The Customer agrees to pay BOS reasonable attorney fees and court costs, where permitted, in collecting the amount remaining in the Customer's account. If you violate any part of this agreement and/or activity occurs on your account that damages BOS, you agree to indemnify and compensate BOS and its employees, affiliates and suppliers, and any other claimants against any such loss, damage and expense, including reasonable attorneys fees, that is incurred as a result of your violation of this agreement or activity on your account.

C. Cancellations:
To cancel, Customer must contact us in writing in advance of closure date. in writing and mailed to Banyan OnLine Services at 80889 Main St. P.O. Box 345 , Memphis , MI 48041 or by email at support@banyanol.net. A cancellation confirmation will be sent to you. Refunds are not provided on monthly plans. There is an early cancellation fee of $12.00 on the Semi-annual Plan and a $20.00 early cancellation fee on the Annual Plan.

D. Miscellaneous:
1. BOS offers electronic mail (E-mail) on our system as a service to our Customers. BOS will endeavor to keep your entire E-mail private, viewable only by you and the person to whom you address it, except: we, as system administrators, may need to look at your E-mail if BOS believes it is necessary to protect ourselves or others from injury or damage. For example, if BOS has reason to believe a Customer is involved in illegal activities, which could lead the authorities to seize or search our system, BOS may review Customer's E-mail for our own protection. BOS will not, however, monitor E-mail unless BOS believe it is being misused. If BOS believes certain E-mail is connected with illegal activities, BOS may disclose it to the authorities to protect our system, ourselves, and others. Re: Customer that the person to whom you send E-mail is not legally required to keep it secret. The sender or receiver of E-mail has the right to make it public. If the authorities ever search or seize our system, they may gain access to your E-mail. In that case, BOS cannot assure they will not review it. Electronic Communication Privacy Act of 1986 - NOTICE: BOS reserve the right to monitor any and all communications through or with BOS facilities. User agrees that BOS online Services facilities are NOT to be considered a secure communications medium for the purpose of ECPA, and that no expectation of privacy is afforded.
2. BOS service is provided on an "as is, as available" basis. You assume total responsibility and risk for your use of the Service. BOS does not make any express or implied warranties with regard to the service, the software or any Internet service. BOS expressly disclaims any warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose, BOS and its vendors and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service or the user's inability to use the service. BOS and its vendors and suppliers do not warrant that the service or the software will be uninterrupted or error-free or that defects in the service or software will be corrected. In no event will BOS or its vendors or suppliers, be liable for any incidental, consequential or indirect damages arising out of the use of the service or the software. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, BOS, and its vendors' and suppliers', liability is limited to the greatest extent permitted by law.
3. BOS is not responsible for Customer's personal files residing on BOS server. User is responsible for independent back up of his or her data stored on BOS. BOS reserves the right to delete Customer's personal files residing on BOS after one or both parties terminate this agreement. BOS reserves the right in its sole discretion to delete any information entered into BOS by User. BOS shall have the right, but shall not be obligated to edit publicly viewable information.
4. Use of the Internet is solely at your own risk. You understand that neither BOS nor any of its affiliates controls, provides, operates or is responsible for any information, goods or services available on the Internet. BOS neither endorses nor is responsible for the accuracy or reliability of information, goods or services. User is responsible for any purchases they make on the Internet. Neither BOS nor any BOS affiliate; vendor or supplier shall be responsible or liable for any loss or damage caused by or alleged to have been caused by your use or reliance on any information, goods or services available on or through the Internet. You understand that the World Wide Web and the Internet contain language and pictures about topics you might find objectionable and/or offensive or may not be suitable for minors.
5. User is responsible for all and any local and long distance telephone and paging company charges for connecting to BOS.
6. You are required to view the TOS and Exhibit A and to read your e-mail periodically.

III. ACCEPTABLE USE POLICY:

A. General:
1. All Customers must be at least 18 years or older and legally competent. You are legally, criminally and financially responsible for your use and all activity and acts committed by any User of your account. You are responsible for supervision of any User under 18 and/or legally non competent who uses your account. Do not give your password out, if you do, your account may be suspended.

2. You agree to follow the Acceptable Use Policy of any network, service, or other that you connect to or access.

B. Illegal Activity:
Do not use our system for anything that might be illegal. People sometimes have trouble figuring out whether certain activities are illegal. It is not that hard. If it is illegal out there, it is illegal on BOS. Using an online service to commit a crime does not make it less of a crime. In fact, if you use an online service to commit a crime, you expose others on the system to legal risks that should be yours alone. In addition, you could be liable for federal or international criminal charges. If you genuinely do not know whether something you would like to do is legal, or illegal, discuss it with us before you proceed. If we tell you we do not want you to pursue your plans on our system, you must respect our decision.

1. This system may not be used to encourage any thing to do with illegal drugs, prostitution, child pornography, robbery, spreading computer viruses, cracking into private computer systems, software infringement, trafficking in credit card codes, or other crimes.
2. Use of text or images created by others without their permission is copyright infringement and is prohibited. User agrees any information submitted for publication on BOS through the user's account does not violate or infringe upon any copyright, trademark, patent, statutory, common law, or proprietary rights of others, or contains anything libelous or illegal. Software intended to facilitate any such violations or infringements may not be stored on BOS. You shall retain all rights to all original messages you post and all original files you upload. Likewise, you must respect the ownership rights of others in their own messages and files. You may not post or upload any messages or files unless you own them, or you have the full authority to transmit them to this system. BOS own certain things you will find on this system, including the name of our system, and the collective work copyright in sequences of public messages on our system. You cannot reproduce any message thread from our system, either electronically or in print, without our permission and the permission of all participants in the thread. This is not a complete list - other things on the system are also our property. Before you copy anything from our system with plans of reproducing it or distributing it, you must contact us about it.
3. Respect the security of our system. Do not try to gain access to system areas private to ourselves or to other Customers.

C. Abuse:
Feel free to express yourself, but do not do anything to injure or harm others. In particular, if you dislike someone else's ideas, you can attack the ideas, but not the person. BOS wants people to speak freely on our system. But if you misuse that freedom to abuse others, BOS will take the liberty of ending that discussion short. The following includes, but does not limit violations that are grounds for immediate suspension pending investigation by BOS and will result in termination of the account and fees to pay for damages, repair, clean up, and/or response to abuse claims if the investigation determines that your account originated or transmitted these types of traffic.

1. Actions by a User that results in complaints by other parties against Customer's account. Harassment of others on the Internet is prohibited. Do not flame (sending inflammatory messages intended to start an E-mail war).
2. "Spam" a newsgroup: Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., 20 or more) or continued posting of articles which are off topic (e.g., off topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off topic). You may not forge, falsify or remove E-mail or newsgroup header information.
3. "Spam" others on the Internet. Do not send unsolicited mass E-mailings or chain letters. Do not transmit e-mail in sufficient quantity that it causes degradation in the performance of the Service.
4. You may not interfere with another Customer's use of the Service.
5. Posting or transmitting information or software which contains a virus, worm or other harmful component is prohibited.
6. Filing of false abuse accusations may result in the suspension of your account.

D. Misuse of Dial Up Accounts:
1. Dial up accounts are not dedicated connections, and are meant to be used on a dial up basis. Connections made with no activity for long periods of time will be disconnected and if this activity occurs often, a user's account may be terminated. BOS dial up connections are not intended to be full time dedicated connections and will be disconnected after 60 minutes of inactivity. User agrees not to attempt to defeat any idle timer or system tool intended to enforce this, by using any and all automatic methods (ICQ, automatic e-mail checking, etc.) to avoid disconnection, to keep the connection active only when the User is actively using. BOS reserves the right to impose a restriction on accounts it deems to be in violation of these conditions.
2. Multiple logins and sharing passwords is strictly forbidden.
3. Reselling of dial up access and/or web space is prohibited. Web space for commercial use requires a commercial web hosting account.
4. You may not do anything that causes degradation in the performance of this service. This includes, but is not limited to using/storing programs that or loading or downloading anything with a bandwidth causing degradation in the performance of the service.

IV. MISCELLANEOUS LEGAL:
The hidden danger for us and for all operators of online services is that BOS might be held accountable for the wrongful actions of other people. If one person libels another person, the injured person might blame us, even though the first person was really at fault. If a person uploads a program with a computer virus, and other persons' computers are damaged, we might be blamed. If a person transfers illegal credit card information to another person through private electronic mail, we might be blamed even though we did nothing more than unknowingly carry the message from one person to another. Banyan OnLine Services did not start this service to take the blame or be held accountable for others' actions, and BOS cannot afford to operate it if we must take that responsibility. All Customers must accept responsibility for their own acts, and must accept that an act by another person that damages them must not be blamed on us, but on the other party. These needs are accomplished by the following:

You agree that BOS will not be responsible to you for any indirect, consequential, special or punitive damages or losses you may incur in connection with our system or any of the data or other materials transmitted through or residing on our system, even if BOS have been advised of the possibility of such damage or loss. In addition, you agree to defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys fees) relating to any acts by you or materials or information transmitted by you in connection with our system leading wholly or partially to claims against us our system by other Customers or third parties.

You agree that the law of Michigan , USA , will apply to all matters relating to this Agreement and to our Internet services. In addition, you agree and consent that if there is ever any legal action against us, the courts of Michigan , USA will have exclusive jurisdiction and be the exclusive venue for any such legal actions and any dispute under this Agreement must be commenced within one (1) year after the claim arises. BOS may assign this order, its rights here under and its ownership of said service and commitment at anytime without notice.

This agreement is the entire understanding between you and us regarding your relationship to BOS. Non enforcement of any section of this agreement does not constitute consent and BOS reserves the right to enforce this agreement at its sole discretion. If any part of this agreement is found to be unenforceable or invalid, agreement on all other parts shall remain valid. If you use our system and have an open account you agree to abide by the current Terms of Service and Acceptable Use Policy and any future revisions.

Exhibit A ("Accounts, Services and Prices") ( 04/04/03 )

1. Services: BOS reserves the right to change, discontinue or revise prices, fees and services offered at any time. Price changes will be announced via email and/or posted on htttp://www.banyanol.net at least 30 days in advance.

a. Home Dial Up Services:

Includes the following:

- Access to the World Wide Web
- 3 E-mail accounts
- 5 MB storage for a non commercial homepage
- Eligibility for Customer discounts as announced
- Web Based E-mail
- 56K v.90 X2 Access
- 325 online hours per calendar month (over 10 hours per day, 7 days a week)

2. Prices:

a. Home Dial Up Customer Fees:

Prices and Coverage Periods

$16.50 per month

$84.00 semi-annual (6 months)

$165.00 per year (12 months)


Other Fees:

$1.00 per hour for internet connection exceeding the allowed 325 hours per monthly usage.
$20.00 returned check fee
$45.00 per hour labor/consulting if you request we do repair work on your computer See Commercial Services Pricing for other prices.

b. Billing:
1. All fees are due on the date of activation for internet service.
2. All accounts are due 15 days after statement notification date of each month; semi-annual or annual.
3. Credit card billing: If you choose to pay by credit card, we will automatically bill the amount due to your credit card account one day before the expiration date of your account. You will be sent an e-mail invoice at least 2 weeks before your fees are due.
4. Non credit card billing: If you choose to pay by check, money order, or cash, you will be sent an e-mail invoice at least 2 weeks before your fees are due.
5. If you wish to change your billing method, contact us before your fees are due. If you anticipate quitting in an upcoming service time period, contact us in advance so that we can bill you an adjusted, prorated, amount.

c. Refunds & Cancellations:
There are no refunds on the monthly plan service fees if you cancel before your next statement date.. If refunds for other services are allowed by us, they will be processed within 30 days. A fee of $12.00 will be charged if you cancel your semi-annual plan early and a fee of $20.00 will be assessed on annual plans that are terminated early. You will be charged a $20.00 early cancellation fee if you pre-paid for an annual plan and cancel early.

Broadband Agreement

Dial Up Agreement

Banyanol and BOL are trademarks of Banyan OnLine Services, LLC.
All other products mentioned are registered trademarks or trademarks of their respective companies.