Created Oct 04, 2004 ; Revised Jan 26,2007

TERMS OF SERVICE

This document describes the policies governing the use of network connectivity and software provided by Serbernet.com.

By using or continuing to use the service or services provided, users agree to abide by the terms set forth herein. Serbernet reserves the right to modify this document at any time, effective immediately upon posting to the URL: http://www.serbernet.com/TermsOfService.html

SOFTWARE DISCLAIMER

THE SOFTWARE IS PROVIDED BY serbernet "AS IS" AND "WITH ALL FAULTS." serbernet MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE QUALITY, SAFETY OR SUITABILITY OF THE SOFTWARE, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

IN NO EVENT WILL serbernet BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER THEY MAY ARISE AND EVEN IF serbernet HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SERVICE DISCLAIMER

Serbernet is not responsible for any loss, damages, or civil / criminal activity resulting from the use of or inability to use the services provided. It is the sole responsibility of the user to maintain back-ups of their web pages, email or other data that may be stored or transported by Serbernet to protect against loss.

CONCURRENCY AND SHARED ACCOUNTS

Accounts are assigned to a single individual, sharing accounts between multiple individuals or parties is forbidden. Connecting to the Serbernet dialup modem pool with more than one(1) dialup connection from a single account at any given time is explicitly prohibited.

ILLEGAL USE

Serbernet may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

SYSTEM AND NETWORK SECURITY

Violations of system or network security are prohibited, and may result in criminal and civil liability. Serbernet will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

(i) Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.

(ii) Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.

(iii) Interference with service to any user, host or network including, without limitation, mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks.

(iv) Forging of any IP packet header or any part of the header information in an email or a newsgroup posting.

UNSOLICITED EMAIL

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site. Users found sending unsolicited mail messages will be charged a minimum service fee of $500.00. Account holder and user further agree to pay Serbernet reasonable collection and attorney fees on service charges shown, without regard to further legal action taken by serbernet to recover other or related consequential damages suffered as a result of account holder or user's actions.

USENET

Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting) is explicitly prohibited. Posting messages containing commercial advertising is prohibited.

TRAFFIC CHARGES

Data traffic is the sum of the data entering and exiting the client's network via the connectivity provided by serbernet. It is the account holder's responsibility to ensure that the service plan limits are respected.

OVERUSE

It is the account holder's responsibility to ensure the security of the system or systems used to access the service or services provided by Serbernet as well as the confidentiality of passwords used. The account holder is liable for any overuse and agrees to fully pay serbernet for any usage above the service plan limits.

FAIR ACCESS POLICY

Fair Access Policy, commonly known as FAP is a guide to the rights and responsibilities of Internet access customers of SERBERNET.  Acceptance of the Service Contract constitutes acceptance of this FAP.  This FAP may be revised from time to time, and the most recent FAP will be available at SERBERNET website, www.serbernet.com. A customer's use of SERBERNET services after changes to the FAP are posted on SERBERNET website will constitute the customer's acceptance of any new or additional terms of the FAP that result from those changes.  Subscribers are responsible for the activities of all parties who access the services via their computers, and should ensure that unauthorized parties do not gain access to the services.  Failure of SERBERNET to enforce this FAP does not construe a waiver of the right to do so at any time.Fair access establishes an equitable balance in Internet access across all Wireless services by service plan for all SERBERNET customers regardless of their frequency of use or volume of traffic. To ensure this equity, customers may experience some temporary throughput limitations.This Policy is applied to all service plans to prevent improper use of bandwidth by the Users.When the Customer exceeds their traffic limits(both upload and download) their internet will be temporarily disconnected.

TERM OF CONTRACT

Unless indicated otherwise, all service terms begin at 12:00 AM MST on the first day of every calendar month.

CANCELLATION

The account holder must notify serbernet on or before the date he/she wishes to cancel the service. An in store credit will be issued for a cancelled service provided that the term of the service or services has not yet begun. No refund will be issued for a six(6) or twelve(12) month contract cancelled during or after the first month.