Net-Magic, Inc.

Terms Agreement and Acceptable Use Policy

It is our goal at Net-Magic to improve and expand the Internet network resources available to our customers, to preserve the privacy and security of all our subscribers and the Net-Magic network, and to maximize the utility and reliability of the Net-Magic network and the Internet in general.

We want each of our customers to fully utilize and enjoy their access to the Internet. To assure that our network facilities are available to all of our customers, we reserve the right to deny service to any person or persons for conduct on our network that is unreasonable, disruptive, or in violation of our terms and policies.

Terms Agreement

Connecting to or accessing Net-Magic's network, or utilizing Net-Magic, Inc. services in any manner, shall constitute acceptance of the terms of this Agreement and Policy. All users shall abide by the provisions of this Policy.

The customer agrees to promptly pay for all subscribed Internet Services provided by Net-Magic, up to and including the date of termination of services either by a notice of termination by Net-Magic or notice of cancellation of services by the customer. The customer further agrees to provide notice of cancellation of services at least (1) one business day prior to the close of the billing period. A new billing period begins on the first day of each month.

Additionally, the customer agrees to pay all reasonable collection and attorneys' fees for recovery actions taken by Net-Magic for any outstanding amounts due Net-Magic for services rendered to the customer.

Acceptable Use Guidelines

Interpretation
The provisions of this Policy are intended as guidelines and are not meant to be all inclusive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited.

Access Limitations
Net-Magic does not restrict or limit the active network access by our customers. However, customers may not leave their computers continuously logged on to the network in any unattended, anti-idle, or automated redial mode. This is called "line camping" and is not an acceptable practice. If a full time connection is required, dedicated access accounts are available on request.

Each regular dial-up account is limited to one dial-up access at a time. Multiple or concurrent network access under one user ID is not acceptable at any time. User ID's and passwords are not transferrable to others. Additional dial-up access user ID's are available for those customers who require concurrent network access.

User ID's and passwords are assigned to individual customers and may not be shared by other persons not living in the subscriber's household. Businiess customers may not provide business account user ID's or passwords to employees for personal non-business related access to the Internet. This is not to preclude a small business owner from using their user ID and password both at home and at the office, provided there are not concurrent connections.

Non-Commercial and Commercial Use
Regular personal dial-up accounts may not be used for commercial purposes without the express consent of Net-Magic. Personal home pages may not be used for commercial purposes, or to advertise the sale of any products or services without the written consent of Net-Magic.

Business accounts, and commercial web page sites are available, and may be used for any legitimate business purpose subject to bandwidth limitations and the approval of Net-Magic. The transmission of bulk e-mail or "spam" is prohibited for business accounts.

All accounts are subject to applicable, local, state, and federal laws.

Specifically Prohibited Practices
Prohibited practices include and are not limited to; the creation of any network nuisance such as "mail bombing", the transmission of bulk e-mail or "spam", falsifying address information, use of aliases, anonymous re-mailing, disruptive attacks on any public or private network, general maliciousness, or the harassment of other Internet users. The posting of defamatory, malicious, or debasing messages or web pages are prohibited practices. The determination of acceptable content posted on our network will be at the sole discretion and determination of Net-Magic, Inc.

The resale of Internet services, and/or the operation of personal servers without the express concent of Net-Magic, are strictly prohibited. Business customers may co-locate business and special purpose servers at our network facilities with the payment of appropriate fees and service charges.

Cooperation with Other Providers
Using Net-Magic's facilities to engage in activities that violate the Terms of Service of any other network access provider is a prohibited practice. For example, sending unsolicited commercial e-mail through Net-Magic's facilities to the subscribers of any Internet or online service provider that disallows unsolicited commercial e-mail is prohibited. Customers terminated or barred from service for like violations on another Internet Service Provider's network may be refused a service connection by Net-Magic.

Billing & Payment

Statements
Charges are posted to customer accounts on the first business day of the month. Statements are sent by E-mail or, at the customer's specific request, the US Postal Service. Payment is due by the 15th day of the month. Although Net-Magic will endevor to provide appropriate notice, it shall remain the customer's responsibility to make payment for all Internet services by the due date.

Non-Payment
Customers failing to make full payment for Internet services will be blocked from accessing the Internet through Net-Magic. Customers can restore their accounts to good standing by the payment of all outstanding amounts due without further penalty or fee. Blocked accounts will not pass the log-in password verification. Customers with blocked access will continue to accrue service charges for up to two months, or until an appropriate cancellation notice is provided by the customer to Net-Magic.

Notice of Service Cancellation
A minimum of (1) one business day notice prior to the end of the billing period is required for customer cancellation of service without additional service charges being accrued to the customer's account. Customers failing to provide such reasonable notice will be held responsible for all charges billed to their accounts to the date of customer's cancellation notice, up to a maximum of two months of service fee's. A new billing period begins on the first day of each month.

Voluntary Service Suspensions
At a customer's specific request, Net-Magic Internet services may be temporarily suspended for vacations, customer equipment problems, etc. Internet service charges will not accrue to the customer's account during such a voluntary temporary suspension. Temporary service suspensions will be for a minimum of (1) one month and may be of a duration of up to (6) six months. The customer's E-mail account shall remain active, and user ID's and passwords preserved without incurring monthly, or quarterly service fee's. A minimum of (1) one business days notice prior to the end of the billing period is required to a place an account in the hold status of a voluntary suspension without cost or penalty.

Returned Checks
All returned checks will be subject to a $25.00 return check processing fee. The subcriber access will be temporarily blocked for all returned checks. Notice will be provided to the customer and the customer will be given (5) business days in which to recover the check and make full payment to Net-Magic including the $25.00 return check fee. On failure to comply with this provision, the matter may be turned over to a collection agency and the customer account terminated.

Customer Privacy

Net-Magic is committed to maintaining the privacy and security of all our subscribers. Customer names and e-mail addresses are posted on our "Local Users" pages to provide our subscribers the convienent opportunity to locate and contact freinds, other Net-Magic customers, and our business clients. Any Net-Magic subscriber may request their name and e-mail address be removed or blocked from all such listings.

The e-mail addresses and other personal information of Net-Magic subscribers may not be used for any commercial or political purpose without the express prior consent of each individual subscriber. Likewise, customer e-mail addresses and other personal information may not be used, sold, transmitted, distrubited, or otherwise provided to third parties for any solicitation, advertisement, or like purpose, without the express prior consent of each individual subscriber.

Violations

Breaching Internet Security
Any attempt to breach the authentication or security measures instituted by Net-Magic, or any attempt to gain unauthorized access to any account, host, network, government agency, or business entity is expressly prohibited and may result in the immediate termination of service without notice and possible criminal prosecution.

Bulk or Broadcast E-mail or News Group Postings
Using any Net-Magic account or server to send duplicated, unsolicited e-mail messages, or newsgroup postings, be they commercial, personal, or political messages, or to collect the responses from unsolicited e-mail is a prohibited practice and may result in a termination of service without notice.

This is not to preclude the sending of multiple copies of messages, postings, or news letters to members of public and private organizations and public interest groups who have specifically authorized the reciept of such e-mail. Neither does this prohibition of broadcast e-mail preclude the sending of multiple copies of personal e-mail messages to a select group of friends and family members.

Similarly, using any Net-Magic Internet service account to post advertisements or messages that violate the charter of any news group or mailing list is prohibited. Net-Magic reserves the right to make the determination whether a given message violates the news group or mailing list charter. In most cases Net-Magic will defer to the judgment of the list moderator or administrator. This prohibition includes publishing of private e-mail messages to third parties, by any means, without the express prior consent of the originator.

Unauthorized Redistribution of Internet Services
The establishment of modem pools, private or commercial servers, web page hosting, and like services for the purpose of sharing, redistribution, or resale of Internet services provided by Net-Magic, without the prior written approval and consent of Net-Magic, Inc., is expressly prohibited. Any customer or subscriber violating this provision may be held liable to Net-Magic for all damages, costs, losses, and any other remedies permitted by law, including the award of court costs and the reasonable cost of attorneys' fees.

Consequences of Violation
Violation of this policy and agreement by a Net-Magic subscriber may result in a warning, a temporary suspension, or a permanent termination of service, depending on the severity, intent, and mitigating circumstances of the specific violation. The determination as to the appropriate actions for any violation of this policy and agreement, willful or otherwise, is at Net-Magic's sole discretion and determination.

There shall be no reimbursement or service credit for customer accounts suspended or terminated for violations of the provisions of this policy and agreement.

Reservations

Modifications
Net-Magic, Inc. reserves the right to amend, add, delete, or modify any provision of this policy at any time without notice or condition. Additionally, Net-Magic reserves the right at any time to prohibit activities that, in its sole determination, damage its commercial reputation and goodwill or inappropriately restricts the activities of other customers.

Disclaimer
Net-Magic, Inc. assumes no responsibility for any discussions, postings, transmissions, or content on or accessed through our network, even though Net-Magic may review such materials periodically. However, Net-Magic, Inc. accepts no responsibility to review or screen such materials and denies any liability for concequential damages or other claims resulting from the content or use of such materials, including but not limited to any mistakes, omissions, defamation, obscenity or other dangers contained in the materials.

Net-Magic assumes no responsibility for any software downloads, installations, up-dates, computer viruses or other damage to customer computer equipment that may result from any subscriber Internet activity or use of the Net-Magic network.

The customer agrees to indemnify and hold harmless, Net-Magic, Inc., its employees, and its agents, for all harm, injury, or concequential damages, resulting from customer's use of the Net-Magic network, including all third party actions and other related damage claims.

Contacts

Please send reports of any activity in violation of this policy and agreement, with sufficient detail with which to initiate an investigation, to: abuse@net-magic.net

Our Telephone Numbers:

Fernandina Beach Pay Locations:

St. Marys Office:

Net-Magic, Inc.
919 Dilworth Street
St. Marys, GA 31558

Problems with billing, please contact our Accounting Department with your questions or comments at: accting@net-magic.net

If you are having Technical problems or require specific network support, please leave a message for our support personnel at: support@net-magic.net

If something is not working on any Net-Magic company web page, or you find a broken link on our company pages, please leave a message with your comments for our Webmaster at: webmaster@net-magic.net

The Net-Magic Home Page: www.net-magic.net

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© Copyright 1999 Net-Magic, Inc.