Micro-net.com, a Protosource Company
License Agreement, Acceptable Use Policies
& Terms and Conditions: January 1999

I. License Agreement - Terms and Conditions. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE OPENING OR CONTINUING AN ACCOUNT WITH psnw.com. PLEASE ALSO FAMILIARIZE YOURSELF WITH PROTOSOURCE NETWORK'S ACCEPTABLE USE GUIDELINES.

These Terms and Conditions, in conjunction with Acceptable Use Guidelines, represent the complete Agreement and understanding between PROTOSOURCE, Inc. ("PROTOSOURCE") and you, the PROTOSOURCE customer ("Customer"), and supersede any other written or oral agreement pertaining to your PROTOSOURCE services, other than applicable software license agreements. By using PROTOSOURCE services or PROTOSOURCE software, or both, you agree to be bound by and to comply with this Agreement, just as if you had signed it. Violation of any provision of this Agreement is grounds for immediate termination of your PROTOSOURCE account. IF YOU DO NOT AGREE TO BE BOUND BY BOTH PARTS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY END YOUR USE OF PROTOSOURCE'S SERVICES AND NOTIFY CUSTOMER SERVICE SO THAT PROTOSOURCE MAY CANCEL YOUR ACCOUNT.

1. Upon notice published online via PROTOSOURCE services, PROTOSOURCE may modify the Terms and Conditions or the Acceptable Use Guidelines, amplify them, and/or modify the prices of its services, as well as discontinue or change the services offered. Customer's continued use of PROTOSOURCE's services following such notification will be deemed acceptance of the modification.
   
   
2. A list of ways to contact PROTOSOURCE and the PROTOSOURCE Customer Service department is available on the World Wide Web at http://www.micro-net.com/contact_us.html. Specific questions about this Agreement should be directed to billing@psnw.com. Customer acknowledges that Internet sites and use of the Internet might consist of, include and/or provide access to images, sound, messages, text and other content and material that may be unsuitable for children and that may be objectionable to many adults. Customer acknowledges that PROTOSOURCE is not responsible for any such content or material and agrees that access to same through use of the Service is at Customer's sole risk.
   
   
3. Customer acknowledges that, when using the Internet, the Customer generally is using a physical network and accessing content, information and other services not owned, supported, monitored or controlled by PROTOSOURCE. Furthermore, Customer acknowledges that safeguards relative to copyright, ownership, decency, obscenity, reliability and integrity of content may be entirely lacking with respect to the Internet and content accessible through it. Customer assumes all risks and liability due to his/her use of the Internet, including continuous compliance with this Agreement. Customer further understands that the Internet contains unedited materials, some of which are sexually explicit or may be offensive to them. Customer accesses such materials at his/her own risk. PROTOSOURCE has no control over and accepts no responsibility whatsoever for such materials.
   
   
4. Customer is responsible for and must provide all telephone and other equipment and services necessary to use the Service. Customer represents that he/she is at least 18 years of age and has the right and ability to enter into this Agreement. Customer is responsible for installing, establishing and setting up the account(s), software, hardware, and appropriate account, hardware and software configurations under which the Service will be used.
   
   
5. Unless otherwise agreed, Customer's right to use the Service or to designate users is not transferable and is subject to any limits established by PROTOSOURCE, or by Customer's credit card company or other billing institution, as applicable.
   
   
6. Customer agrees to provide PROTOSOURCE with accurate and complete billing information, including legal billing name, address and telephone number, and to update this information within ten (10) days of any change. Payment for a PROTOSOURCE account or service by fraudulent means will result in immediate and permanent termination of the account and possible criminal actions.
   
   
7. Customer's PROTOSOURCE account will be considered delinquent if his/her credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting period. Accounts that are delinquent may be suspended or purged from the system. Suspended accounts continue to accrue charges until reinstated or canceled, even if the account is not used by the Customer. Customer acknowledges responsibility for any account he/she has opened until payment in full is made.
   
   
8. PROTOSOURCE will charge a service reconnection fee to reinstate suspended accounts.
   
   
9. There is a $25.00 service charge for each returned check.
   
   
10. If Customer's account is a qualified account and approved by PROTOSOURCE for paper billing, charges for fixed price services provided under this Agreement will be made in advance of the service being provided. Usage based charges will be accumulated and identified by account number and will normally be invoiced following the end of the month in which the service is provided. Terms of payment on all charges are net twenty (20) days. If any payment due hereunder is not made by the Customer within thirty (30) days after the invoice date, PROTOSOURCE may at its sole discretion and without notice to the Customer, (a) suspend its account under this Agreement and the Customer's and his/her designated users' access to and use of the Service, or (b) cancel this Agreement and the Customer's access to and use of the Service. For accounts not approved by PROTOSOURCE for paper billing, Customer must provide payment by credit card or other method approved by PROTOSOURCE.
    
    
11. If a Customer believes PROTOSOURCE has billed him/her incorrectly, Customer must contact PROTOSOURCE no later than thirty (30) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment. Inquiries should be directed to PROTOSOURCE's Billing Department and should include all available information about the suspected error.
    
    
12. When Customer's credit card expires, PROTOSOURCE, in its discretion, may either assume that the card has been renewed for two years, or require that a Customer furnish updated credit card information, including the new expiration date and any other information needed to process Customer's payments. If PROTOSOURCE is unable to obtain payment from Customer's credit card bank because Customer has not renewed his/her card, because Customer's credit card information has become outdated, or because Customer has not provided new information to PROTOSOURCE when requested, PROTOSOURCE may consider Customer's account to be delinquent and suspend the account.
    
    
13. To cancel an account, a Customer must contact PROTOSOURCE's Customer Service Department via e-mail, fax, postal mail or phone. Cancellation requests must include the account's login name, account number, Customer's name, address and phone number and other identifying information as they appear in PROTOSOURCE's billing records. If the information provided to PROTOSOURCE for an account does not match the account's records, cancellation may be delayed or prevented. All cancellation requests must be received by 5 p.m. Pacific time on the 20th day of the current month in order to be processed before the beginning of the next accounting cycle. Cancellation requests directed to other PROTOSOURCE departments may not be received by the Customer Service Department by the 20th day of the current month.
    
    
14. All PROTOSOURCE charges must be paid in full before a cancellation will be considered complete. Service charges will extend to the end of the month in which the account is canceled.
    
    
15. If a PROTOSOURCE account is canceled, suspended or terminated, PROTOSOURCE may maintain the account for thirty (30) days. Customer may contact PROTOSOURCE within that time to inquire about reopening a suspended account, or forwarding mail or files to another address. PROTOSOURCE reserves the right to refuse to forward the mail and/or files of any account terminated for violation of any provision of the Terms and Conditions or PROTOSOURCE's Acceptable Use Guidelines. If a Customer does not contact PROTOSOURCE within thirty (30) days, Customer's account and associated files will be deleted from PROTOSOURCE's servers, and PROTOSOURCE will not be able to reopen it or restore files. PROTOSOURCE is not responsible for maintaining material that it deletes from its servers as a result of a determination that the material violates any provision of Terms and Conditions, or PROTOSOURCE's Acceptable Use Guidelines.
    
    
16. "As Is" Services. Customer acknowledges that PROTOSOURCE services are provided "as is." PROTOSOURCE, its employees, agents, suppliers, vendors and distributors make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information available on its systems, or residing on or passing through its interconnecting networks, or that PROTOSOURCE services will be uninterrupted or error free. PROTOSOURCE expressly excludes any implied warranty of merchantability or fitness for a particular purpose to the fullest extent possible by law.
    
    
17. Customer also understands that PROTOSOURCE cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan Horses, embedded viruses, contaminated macros, or other code that has contaminating or destructive properties. Customer is responsible for implementing sufficient procedures and checkpoints to satisfy Customer's particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data. Customer assumes total responsibility and risk for his/her use of the Service and the Internet. PROTOSOURCE does not make any express or implied warranties, representations or endorsements whatsoever (including, without limitation, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Service, any merchandise, information or service provided through the Service or on the Internet generally, and PROTOSOURCE shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely Customer's responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Service or on the Internet generally. PROTOSOURCE does not warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected. The Service and the software are provided on an "as is, as available" basis.
    
    
18. Customer agrees to waive and hold PROTOSOURCE harmless from any claims relating to any action taken by PROTOSOURCE as part of its investigation of a suspected violation of this Agreement or as a result of its conclusion that a violation of this Agreement has occurred. This means that Customer cannot sue or recover any damages whatsoever from PROTOSOURCE as a result of PROTOSOURCE's decision to remove material from its servers, cancel a newsgroup posting, warn Customer, suspend or terminate a Customer's account, or take any other action during the investigation of a suspected violation or as a result of PROTOSOURCE's conclusion that a violation has occurred. This waiver applies to all violations described in the Terms and Conditions and in the Acceptable Use Guidelines.
    
    
19. IN NO EVENT SHALL PROTOSOURCE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE CUSTOMER'S USE OF OR INABILITY TO USE PROTOSOURCE'S SERVICES. PROTOSOURCE'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY SHALL BE AT PROTOSOURCE'S OPTION. EITHER RETURN OF THE SERVICE FEES PAID FOR THE CURRENT MONTH OF SERVICE AND ANY SET-UP FEES PAID, OR REPLACEMENT OF CONNECTION SERVICES OR PRODUCTS. In any case, PROTOSOURCE's entire liability under or arising out of this Agreement shall be limited to the amount a Customer paid for the Service in the twelve (12) months prior to the act or injury that gave rise to the liability. However, some jurisdictions may not allow a limitation on liability for negligence that causes death or personal injury, and PROTOSOURCE limits its liability in such jurisdiction only to the degree allowed by the applicable laws.

II. ACCEPTABLE USAGE GUIDELINES FOR PROTOSOURCE ACCOUNTS. Customer and his/her designated 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. Customer agrees not to use any software program designed to create extra activity solely for the purpose of maintaining an active connection. Without limitation of the foregoing, Customer and his/her designated users shall abide by the following provisions regarding usage. The following are violations of PROTOSOURCE policies:

1. Revealing Customer's account password to others or allowing use of Customer's account by others (other than authorized users in Customer's household). At no time can there be simultaneous use of the same user name and password combination. Simultaneous usage will result in an additional charge equivalent to the monthly account charge for any month in which the same user name, password combination is used.
   
   
2. Using a personal account for high volume or business use. If a Customer would like to provide high-volume or commercial services, please contact PROTOSOURCE Sales Department for information about opening up a business account. Personal accounts which are used for business purposes will be billed at a business account rate. Set-up charges may also be applied for converting the account.
   
   
3. Using PROTOSOURCE services for illegal purposes, or in support of illegal activities. PROTOSOURCE reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to: Unauthorized copying of copyrighted materials including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources and copyrighted software. Exporting software or technical information in violation of U.S. export control laws. Posting or e-mailing of fraudulent activities such as "make-money-fast" schemes.
   
   
4. Posting or transmitting charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. Posting or transmitting any advertising, promotional materials or any other solicitation of other users of the Service for goods for services except in those areas (i.e., a classified bulletin board) that are designated for such purposes. Violations of this policy will result in a $5000 charge for services, as well as the suspension of the account.
   
   
5. Threatening bodily harm or property damage to individuals or groups, or electronic or other stalking of individuals or groups.
   
   
6. Making fraudulent offers of products, items, or services originating from Customer's account.
   
   
7. Attempting to access the accounts of others, or attempting to penetrate beyond security measures of our or other systems ("hacking"), whether or not the intrusion results in corruption or loss of data.
   
   
8. Harassing others by "mail-bombing" or &news-bombing." "Mail-bombing" constitutes sending more than ten (10) similar e-mail messages to the same e-mail address. "News-bombing" constitutes sending more than 10MB of data to a newsgroup. Violations of this policy will result in a $5000 charge for services, as well as the suspension of the account.
   
   
9. Posting or listing articles which are off-topic according to the description of the group or list or send unsolicited mass e-mailings to more than twenty-five (25) e-mail users, even if such unsolicited mailings do not provoke complaints from any of the recipients.
   
   
10. Forging any message header, in part or whole, of any electronic transmission, originating or passing through PROTOSOURCE services.
    
    
11. Distributing viruses through, to or from PROTOSOURCE systems.
    
    
12. Use of software or any device (e.g., pingers) that would allow your account to stay logged on while the account is not in active use of PROTOSOURCE services or use of the account for the purpose of operating a server of any type.
    
    
13. Exceeding the maximum session length for your account type.
    
    
14. Cross-posting advertisements for products, items, or services to ten (10) or more unrelated newsgroups.
    
    
15. Posting articles to any newsgroup, mailing list or similar forum that are off-topic according to the charter or other public statement of the forum.
    
    
16. Disrupting any newsgroup with frivolous, excessively vulgar or repetitious postings.
    
    
17. Posting of binary, or excessively large, unrelated text files to non-binary newsgroups that have specifically requested such material not be posted in the group's FAQ (Frequently Asked Questions).
    
    
18. Installation of "auto-responders," "cancel-bots" or similar automated or manual routines which generate excessive amounts of Internet traffic, or disrupt Internet newsgroups or e-mail use by others.
    
    
19. Engaging in any of the above activities using the service of another provider but channeling such activities through a PROTOSOURCE account or re-mailer, or using a PROTOSOURCE account as a mail drop for responses. Customers found in violation of the PROTOSOURCE usage policies may be subject to a fee of $5000 or as described for each occurrence, suspension, and other damages as a result of violation of this Agreement.
    
    

III. INACTIVITY DISCONNECT POLICY. PROTOSOURCE reserves the right to disconnect a dial-up account after twenty (20) minutes of inactivity, as detected by PROTOSOURCE through electronic means. This time is approximate and subject to change without notice at PROTOSOURCE'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 mail by auto login to the mail server. PROTOSOURCE reserves the right to electronically audit connections to enforce the above requirements.

IV. USE OF SERVICES.

1. Customers of record are responsible for all use of their accounts, with or without the knowledge or consent of the Customer.
   
   
2. PROTOSOURCE staff may monitor the security of Customer's passwords at any time. A Customer with an insecure password may be directed to change the password to one which complies with the above rules. Customers who repeatedly choose insecure passwords may be assigned a password by PROTOSOURCE; continued failure to maintain password security may be grounds for account termination.
   
   
3. During an investigation, PROTOSOURCE may suspend the account or accounts involved and/or remove the material involved from its servers. If PROTOSOURCE believes, at its sole discretion, that a violation of these guidelines has occurred, it may take unilateral and immediate action. Such action may include, but is not limited to, a $5000 fee, temporary or permanent removal of material from PROTOSOURCE's servers, the cancellation of newsgroup posts, warnings to the Customer or Customers responsible, and the suspension or termination of the account or accounts responsible. PROTOSOURCE, at its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these Guidelines may also subject the Customer to criminal or civil liability.
   
   
4. Customer may not store or distribute certain other types of material on PROTOSOURCE's servers. Examples of prohibited material include, but are not limited to, programs containing viruses and tools to compromise the security of their sites.
   
   
5. Customer is prohibited from utilizing PROTOSOURCE services to compromise the security or tamper with system resources of accounts on computers at PROTOSOURCE or at any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
   
   
6. Customer may not post or transmit any message anonymously or under a false name.
   
   
7. Customer may not run programs which provide network services from his/her account (e.g., e-mail, ftp, http and IRC servers and multi-user interactive forums).
   
   
8. Customer may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. Customer may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
   
   
9. Customer may not post or transmit any message, data, image or program which advocates or encourages illegal activities, or devices, including, without limitation, cable descramblers, explosive devices, weapons, poisons, chemicals, nuclear weapons, etc.
   
   
10. Customer shall not knowingly interact with an underage minor in any sexually suggestive or exploitive manner or encourage an underage minor to participate in any prohibited activity, such as the consumption of alcohol.
    
    
11. Customer may not interfere with other users' use of the Service.
    
    
12. Customer may not post or transmit any message that is harmful, threatening, abusive or hateful. It is not the Service's intent to discourage Customers from taking controversial positions or expressing vigorously what may be unpopular views; however, PROTOSOURCE reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which it deems are deeply and widely offensive and/or harmful. Customers found in violation of the PROTOSOURCE usage policies may be subject to a $5000 excess service fee, as well as other damages, and appropriate civil and criminal penalties as a result of violation of this Agreement.