THE SISKIYOU TELEPHONE COMPANY
INTERNET
SERVICE AGREEMENT
This Agreement is your contract
for Sisqtel Internet Service.
1.
Introduction.
(a) Terms
of Service. This Agreement governs the terms and conditions
under which
The Siskiyou Telephone Company ("Sisqtel"), with the assistance of
certain
vendors ("Vendors"), provides you, its customer ("you"), Internet
access
service including 24-hour access and one email address (referred to in
this Agreement as "Sisqtel Internet Service"). By using Sisqtel
Internet
Service, you acknowledge and agree to the terms and conditions of this
Agreement ("Terms").
(b) DSL Subscribers.
If you are a Sisqtel DSL Internet customer, then all of the provisions
of The Siskiyou Telephone Company DSL Internet Service Addendum
supplement
and modify this Agreement and apply to your Sisqtel DSL Internet
Service.
The Siskiyou Telephone DSL Internet Service Addendum is included at the
end of this Agreement (www.sisqtel.net/terms.html).
Every time you use Sisqtel Internet
Service, you are agreeing to Sisqtel's Terms.
If Sisqtel changes the Terms
in a way that you do not accept,
you may terminate the service
as provided in Section 12 below.
2.
Changes in Terms. Sisqtel
may change the Terms on not less than ten days' written notice by email
or by United States mail. Your use of Sisqtel Internet Service after
the
effective date of any change in the Terms shall constitute your
acceptance
of and agreement to such change.
3.
Charges, Billing, and Payment.
(a) Rates.
You can learn the current rates for Sisqtel Internet Service and
related
fees by telephoning (530) 467-6000, or by going on-line to
www.sisqtel.net/local.html.
Charges for usage, if any, are billed in arrears. The basic rates and
usage
rates do not include taxes or governmentally-required surcharges, for
which
you are also responsible.
(b) Billing.
Unless you authorize Sisqtel to charge your credit card, Sisqtel will
bill
you monthly. The fixed monthly rate is payable in advance on or before
the first day of Sisqtel's monthly billing cycle. Usage charges, if
any,
are billed in arrears.
(c) Payment.
You shall pay upon demand all amounts due to Sisqtel. Checks for
payment
should be made payable to "Siskiyou Telephone." If you pay by credit
card,
your agreement with the card issuer, and not this Agreement, governs
your
rights and liabilities as a card holder.
(d) Billing
Disputes. Unless you notify Sisqtel of an error in Sisqtel's
billing
within sixty (60) days after it first appears on your account
statement,
the statement will be deemed accepted by you for all purposes,
including
resolution of inquiries made by or through your credit card issuer. You
release Sisqtel from all liabilities and claims resulting from any
billing
error not reported to Sisqtel within sixty (60) days after the date of
the statement on which it appears.
(e) Late
Payment; Non-Payment. If Sisqtel does not receive the full
amount you
owe for Sisqtel Internet Service and related fees within fifteen (15)
days
after the date of Sisqtel's statement, you shall owe Sisqtel interest
at
the rate of 1.5% (or the highest amount allowed by law, whichever is
less)
per month on the outstanding balance until paid. You shall also be
liable
for all costs of collecting any unpaid balance on your Internet service
account(s) with Sisqtel, including attorneys' fees. If any amount
remains
unpaid for more than thirty (30) days, Sisqtel shall have the right to
terminate your Sisqtel Internet Service.
(f) Credit
Check. You authorize Sisqtel to do any credit verification
Sisqtel
deems necessary, and such verification may be done at any time while
you
are receiving Sisqtel Internet Service. Credit verification may include
a review of credit reports received from any commercially available
credit
bureau. You agree to provide Sisqtel with such personal information as
may be required by Sisqtel in order to determine your creditworthiness,
and you represent and warrant that all of such information is true and
correct. You acknowledge that credit privileges, if granted, may be
withdrawn
at any time.
Any telephone charges incurred
are your responsibility,
including long distance charges,
if any.
(g) Charges Not Included.
4.
Attended Use Required. Although
Sisqtel provides 24-hour access to Sisqtel Internet Service, you shall
not allow your computer to remain connected to the Internet unless
someone
is attending the computer and actively using Sisqtel Internet Service.
Unattended, inactive connections to the Internet cause network
congestion
and may cause delays for others; accordingly, Sisqtel reserves the
right
to disconnect your computer from the Internet if it detects a prolonged
period of inactivity.
5.
Content. As used in this
Agreement, "Content" means the information, software, graphics,
photographs,
video, speech, sounds, music, and other material and services
communicated
through Sisqtel Internet Service.
(a) No
Liability. Sisqtel makes no representations, warranties, or
promises
as to, and you must bear the risk of relying on, the accuracy,
completeness,
or usefulness of any Content. As a matter of policy, Sisqtel does not
screen
or filter any Content and has no obligation to monitor Content.
Accordingly,
neither Sisqtel nor any of its Vendors shall have any liability
whatsoever
for any action or inaction by Sisqtel or any of its Vendors with
respect
to Content.
(b) Third
Party Conditions of Use. Content is provided by persons and
entities
not under the control of Sisqtel, and such other Internet service
providers
have their own terms and conditions of use. Violation of any of those
terms
of use may subject you to termination of Sisqtel Internet Service.
(c)
Content Rights. Sisqtel and its Vendors
reserve the right (but shall
have no obligation) to monitor Content and to remove Content that
Sisqtel
or any of the Vendors deems unacceptable, undesirable, or in violation
of this Agreement. Sisqtel and its Vendors reserve the right to
disclose
any Content and to identify the responsible customer as may be required
by law, or to operate Sisqtel Internet Service properly, or to protect
itself or its other subscribers.
(d) Parental
Guidance. Content may include material inappropriate for
minors; Sisqtel
recommends that you guide your minors' use of the Sisqtel Internet
Service
directly and/or consider using commercially-available tools that enable
you to restrict access to certain Internet areas and other features of
the Sisqtel Internet Service that may be inappropriate for minors, at
your
sole cost and risk. Sisqtel makes no warranties with respect to such
tools.
6.
Appropriate Use. Sisqtel
reserves the right to terminate your Sisqtel Internet Service
immediately
without notice if, in Sisqtel's sole discretion, you do not use Sisqtel
Internet Service in an appropriate and lawful manner. You shall not use
and shall not allow others to use Sisqtel Internet Service, directly or
indirectly, to:
(a) Post,
transmit, or promote any Content that defames or libels Sisqtel or any
other person, or that is unlawful, harmful, threatening, abusive,
harassing,
defamatory, vulgar, indecent, obscene, sexually explicit, hateful, or
racially,
ethnically, or otherwise objectionable or offensive; or
(b) Upload,
post, publish, transmit, reproduce, or distribute in any way,
information,
software, or other material that is protected by copyright or other
proprietary
right, or derivative works with respect thereto, without obtaining
permission
of the copyright owner or right holder or access any computer,
software,
data, or any confidential, copyright-protected, or patent-protected
material
of any other person, without the knowledge and consent of such person;
or
(c) Disrupt
the normal flow of dialogue in a chat room or on a message board or
otherwise
act in a manner that negatively affects any other person; or
(d) Impersonate
any person or entity, or communicate under a false name or a name you
are
not entitled or authorized to use; or
(e) Post or
transmit chain letter or pyramid schemes; or
(f) Post or
transmit any unsolicited advertising, promotional materials, or other
forms
of solicitation to other persons, except in those areas that are
expressly
designated for such a purpose, or collect the screen name of any other
Sisqtel subscriber without permission; or
(g) Post or
transmit any communication or solicitation designed or intended to
obtain
password, account, or private financial information from any other
person;
or
(h) Violate
any operating rule, policy, or guideline of any other Internet service
provider; or
(i) Violate
any applicable local, state, national, international, or foreign law,
including
but not limited to any rule or regulation having the force of law and
including
but not limited to export and encryption laws and regulations of the
United
States; or
(j) Copy,
distribute, or sublicense any software provided by Sisqtel or violate
the
terms under which it was provided to you, except that you may make one
copy of each software program for back-up or archival purposes only; or
(k) Restrict,
inhibit, or otherwise interfere with the ability of any other person to
use or enjoy Sisqtel Internet Service.
Your use of Sisqtel Internet Service
and the
Internet
is solely at your own
risk.
7.
Security. Because
the Internet is a resource shared among many users, there is a risk
that
you could be subject to a variety of security breaches, including but
not
limited to eavesdropping, denial of service attacks, and receipt of
corrupted
files or viruses. This means that other people may be able to access,
monitor,
and/or alter your files, data, or other traffic sent or received using
Sisqtel Internet Service, or negatively affect your ability to use the
service, or both. Any information sent by you over Sisqtel Internet
Service
is sent at your sole risk, and Sisqtel shall have no liability
whatsoever
for any claims, losses, actions, damages, suits, or proceedings arising
out of or otherwise related to such actions.
8.
Limited Warranty. Sisqtel
shall use commercially reasonable efforts to provide you high quality
Sisqtel
Internet Service, but Sisqtel does not guarantee that you will be able
to access the Sisqtel Internet Service at a particular speed, time, or
location or that Sisqtel will have adequate capacity for the Sisqtel
Internet
Service as a whole or for particular purposes. Interruptions in Sisqtel
Internet Service may occur due to scheduled maintenance or failure of
hardware
or software, as well as acts of God. Sisqtel does not warrant that any
data or files sent by or to you will be transmitted in uncorrupted
form.
All representations, warranties, endorsements and conditions of any
kind,
express or implied, including, without limitation, fitness for a
particular
purpose, merchantability, and those arising from a course of dealing or
usage of trade, are hereby excluded. Sisqtel shall give you at least
48-hours'
advance notice by email of scheduled maintenance that could interrupt
all
or some of Sisqtel Internet Service.
9.
Transactions. Sisqtel does
not endorse, warrant, or guarantee any product or service offered
through
Sisqtel Internet Service and shall not be a party to or in any way
monitor
any transaction between you and third-party providers of products or
services.
10.
Limitation of Liability.
The following limitations apply to the acts, omissions, negligence, and
gross negligence of Sisqtel, its officers, employees, agents,
contractors,
or representatives, which acts, omissions, negligence, or gross
negligence,
but for this provision, would give rise to a cause of action against
Sisqtel
in contract, tort, or any other legal doctrine. Your sole and exclusive
remedies under this Agreement are as expressly set out in this
Agreement.
(a) Service.
Sisqtel shall not be liable to you or anyone else for any special,
indirect,
or consequential damages, including without limitation loss of
anticipated
profits or other economic loss, personal injuries, or property damage
arising
out of interruptions, errors, or defects, in installation, provision,
termination,
maintenance, repair, or restoration, of Sisqtel Internet Service,
however
caused, or for damage to, loss of, or destruction of, any software,
files,
or data (collectively, a "Loss"). Sisqtel's liability for direct
damages
for a Loss caused by the ordinary negligence of Sisqtel shall not
exceed
the amount you paid for the affected service for the period of time it
was affected. Sisqtel's liability for any direct damages for a Loss
caused
by the gross negligence on the part of the Company shall be limited to
$2,500. Sisqtel shall not be liable for any Loss due to causes beyond
its
control.
(b) Software.
Sisqtel shall not be liable to you or anyone else for any special,
indirect,
or consequential damages, including without limitation loss of
anticipated
profits or other economic loss, personal injuries, or property damage,
for faulty software provided by Sisqtel. Sisqtel's entire liability to
you for defects in software provided by Sisqtel, and your exclusive
remedy,
shall be limited to replacement of the software.
(c) Intellectual
Property Rights. Sisqtel shall not be liable to you or anyone
else
for any losses, claims, damages, expenses, liabilities, or costs
(including
legal fees) resulting directly or indirectly out of, or otherwise
arising
in connection with, any allegation, claim, suit, or other proceeding
based
upon a claim that your use of Sisqtel's Internet Service or use by a
third
party infringes the copyright, patent, trademark, trade secret,
confidentiality,
privacy, or other industrial or intellectual property rights,
proprietary
rights, or contractual rights of any third party.
11.
Indemnification. You agree
that upon request by Sisqtel you will defend, indemnify, and hold
harmless
Sisqtel, its officers, directors, agents, employees, and Vendors, from
all claims, liabilities, and expenses, including attorneys' fees, that
arise from your breach of this Agreement, including without limitation:
(a) Any breach
of this Agreement by you or anyone you permit to use your Sisqtel
Internet
Service ("Users");
(b) Your or
any Users' use of Sisqtel Internet Service or the Internet for the
placement
or transmission of any information, software, or other materials on the
Internet;
(c) Your acts
or omissions or those of your agents or contractors in connection with,
among other things, the installation, maintenance, presence, use, or
removal
of equipment or software not provided by Sisqtel connected or to be
connected
to Sisqtel Internet Service; and
(d) Claims
for infringement of any third party proprietary right, including
copyright,
patent, trade secret, and trademark rights, arising from the use of any
services, equipment, or software not provided by Sisqtel.
Sisqtel
reserves the right, at its
own expense, to assume the exclusive defense and control of any matter
for which Sisqtel is entitled to indemnification hereunder.
12.
Termination.
(a) Your Voluntary Termination
(i)
Notice Required.
In order to terminate your Sisqtel Internet Service, you must give
written
notice to Sisqtel either by email (admin@sisqtel.net) or
by United
States mail (The Siskiyou Telephone Company, Attn: Customer
Service,
P. O. Box 157, Etna, CA 96027-0157). Effective upon Sisqtel's
receipt
of notice of termination, and not before, Sisqtel shall stop charging
you
for Sisqtel Internet Service.
(ii) Refunds. Upon
termination
of Sisqtel Internet Service, Sisqtel will refund any unused portion of
fixed monthly rates paid in advance, except in the case of early
termination
of a Sisqtel Internet Service arrangement requiring a minimum number of
months' service in return for a discounted rate, in which event the
regular
(non-discounted rate) shall be applied to the months of service
furnished
by Sisqtel, in order to determine what, if any, balance remains for
refund.
(b) Involuntary
Termination for Misuse or Nonpayment. In the event Sisqtel
exercises
its right to terminate Sisqtel Internet Service to you in accordance
with
the provisions of this Agreement, it may terminate Sisqtel Internet
Service
with immediate effect without prior notice, and Sisqtel shall not be
obligated
to refund any prepaid amounts.
(c) Payment
Upon Termination. Upon termination of Sisqtel Internet
Service for
any reason, all charges incurred for Sisqtel Internet Service, together
with interest owed for late payments, if any, shall become immediately
due and payable, and the provisions of Section 3(e) shall apply as to
any
amounts not immediately paid and as to costs incurred in collecting
such
amounts.
13.
Entire Agreement. This Agreement
contains and refers to the entire agreement of the parties relating to
the rights granted and obligations assumed in this Agreement. Any oral
representations or modifications concerning this Agreement shall be of
no force and effect unless contained in a subsequent written
modification
signed by both parties to this Agreement or unless modified pursuant to
Section 2.
14.
Headings. The headings in
this Agreement are for convenience of reference only and shall not be
given
any effect in the interpretation of this Agreement.
15.
No Waiver. No course of
dealing or failure of either party to enforce strictly any right, term,
or condition of this Agreement shall be deemed or construed as a waiver
of such right, term, or condition.
16.
Severability. If any provision
of this Agreement is held by a court or regulatory agency of competent
jurisdiction to be invalid, void, or unenforceable, the rest of the
Agreement
shall remain in full force and effect.
THE
SISKIYOU TELEPHONE COMPANY
Rev.
March 21, 2001
THE
SISKIYOU TELEPHONE COMPANY
DSL
INTERNET SERVICE ADDENDUM
17.
DSL Service. This Addendum
modifies and expands The Siskiyou Telephone Company Internet Service
Agreement
(www.sisqtel.net/terms.html) and governs the terms
and conditions
under which Sisqtel provides DSL Internet access service to its
customers
("Sisqtel DSL Internet Service"). By making use of Sisqtel DSL Internet
Service, you agree to the terms and conditions of The Siskiyou
Telephone
Company Internet Service Agreement as modified by this Addendum. For
subscribers
to Sisqtel DSL Internet Service, "this Agreement," as used in the
Internet
Service Agreement and in this Addendum, means said agreement as
supplemented
and modified by this Addendum. Exhibit B to this Agreement is
incomplete
as posted online. When Sisqtel delivers a completed paper copy of
Exhibit
B to you that completed document is hereby made a part hereof.
18.
Changes in Terms. Sisqtel
may change the provisions of this Addendum on not less than ten days'
written
notice by email or by United States mail. Your use of Sisqtel DSL
Internet
Service after the effective date of any change in this Addendum shall
constitute
your acceptance of and agreement to such change.
19.
Attended Use Not Required.
The provisions of Section 4 of The Siskiyou Telephone Company Internet
Service Agreement do not apply to you as a Sisqtel DSL Internet Service
subscriber.
20.
Equipment.
(a) Minimum
System Requirements. In order to run Sisqtel DSL Internet
Service,
your computer must meet the minimum specifications set forth in Exhibit
A at the end of this Addendum (www.sisqtel.net/dsl.html).
In addition,
successful installation requires that you have your original copy of
your
operating system software on CD-Rom, diskette, or other medium. You
represent
and warrant that you meet these requirements.
(b) DSL
Modem. You must connect a DSL modem to your computer in order
to use
the Sisqtel DSL Internet Service. A list of DSL modems approved by
Sisqtel
can be found at www.sisqtel.net/dsl.html.
(c) DSL
Router. If you intend to provide shared access over a local
area network
with Sisqtel DSL Internet Service, a DSL router must be installed.
(d) Equipment
Compatibility. You shall be solely responsible for the
installation,
operation, maintenance, use, and compatibility (with Sisqtel DSL
Internet
Service) of your computer system and related equipment and any
DSL-related
equipment or software not provided by Sisqtel. In the event that your
equipment
or software not provided by Sisqtel impairs your use of Sisqtel DSL
Internet
Service, (i) you shall nonetheless be liable for payment of all Sisqtel
DSL Internet Service charges; and (ii) Sisqtel shall not be responsible
for meeting any service specifications or performance levels generally
applicable to the Sisqtel DSL Internet Service.
(e)
Equipment Furnished by Sisqtel; Limited Warranty.
Sisqtel shall
not be responsible for the ongoing operation of the DSL modem or other
equipment furnished by Sisqtel, and Sisqtel shall have no obligation to
maintain such equipment, nor any obligation to secure maintenance
services
on your behalf. All equipment purchased from Sisqtel is subject to the
terms and conditions set forth in the manufacturer's warranty or
end-user
license packaged with such equipment. Sisqtel makes no representations
or warranties, express or implied, regarding such equipment.
21.
Sisqtel DSL Service Availability.
(a)
Geographic Availability. You acknowledge
that Sisqtel DSL Service
may not be available on your telephone line, even though the
preliminary
telephone number check conducted when you placed your order indicated
that
the service is available in your geographical area. Due to the nature
of
the DSL service technology, Sisqtel reserves the right to terminate
this
Agreement without liability to you if Sisqtel at any time is not able
to
provide, repair, or maintain Sisqtel DSL Internet Service to your
premises;
provided, however, that Sisqtel shall refund any pre-paid charges for
the
Sisqtel DSL Internet Service that it terminates.
(b)
Circuit Speed. The DSL circuit shall be
deemed successfully provided
if the minimum throughput of such circuit to Sisqtel's server is 80% of
the rate requested. If the Sisqtel DSL Internet Service does not
perform
at that level, you shall have the right to accept the lesser level of
service
that Sisqtel is able to provide or to decline service, in which event
Sisqtel
shall refund all pre-paid charges.
22.
Telephone Service.
(a) Existing
Line. Sisqtel shall provide Sisqtel DSL Internet Service over
your
existing telephone line. Sisqtel and its agents, contractors, and
representatives
shall have no liability for interference with or degradation of
telephone
service on your line.
(b) 911
Service. You shall instruct everyone in your household to use
the telephone
and not your computer to call 911 for emergency help. Your computer,
even
with voice communication, will not deliver necessary emergency
information
to the 911 dispatcher.
(c) Local
and Toll Carrier Charges. This DSL Addendum in no way changes
or supersedes
your relationship with your current provider(s) of local and
long-distance
telephone service. You will continue to be charged separately for those
telephone services.
23.
Limited Warranty.
(a) The actual
transmission speeds you experience using Sisqtel DSL Internet Service
may
vary from the transmission speeds that you might expect, due to such
factors
as the length and gauge of the telecommunications line serving your
premises
and other operational characteristics of the facilities and equipment
used
for the Sisqtel DSL Internet Service. Speed also depends on the
bottlenecks
experienced upon the wider network architecture of the Internet itself.
For these reasons, Sisqtel does not guarantee that you will experience
any particular performance level (throughput speed).
(b) However,
Sisqtel shall make every commercially reasonable effort to deliver to
you
the highest possible quality of DSL service.
(c) This limited
warranty does not apply (i) to issues involving your computer or
software;
(ii) if your equipment has been subjected to unusual physical or
electrical
stress, misuse, neglect, accident, or abuse, or damaged by any other
external
cause; or (iii) any person other than Sisqtel or its contractor has
installed
the Sisqtel DSL Internet Service and related equipment.
(d) This limited
warranty shall be in lieu of all other express or implied warranties,
including
without limitation, warranties of merchantability and fitness for a
particular
purpose.
24.
Activation at Fixed-location.
Sisqtel DSL Internet Service requires a technical activation on your
telephone
line. Sisqtel shall, at a time mutually agreed, install the necessary
equipment
on the exterior of your premises and shall test the circuit at the
telephone
jack you intend to use for Sisqtel DSL Internet Service. The service
may
not be moved to different premises (even if the telephone number
remains
the same) or to a different telephone number without payment of a new
activation
fee and any applicable charge for early termination. Transferring the
service
to a different place within a location may require further activation
work
by Sisqtel or its agents, contractors, or representatives, at
additional
cost. If you change locations, you shall notify Sisqtel, pursuant to
the
provisions of Section 12 of this Agreement, to terminate your service.
25.
Installation By Sisqtel.
(a)
Back-Up Requirements. The installation,
use, inspection, maintenance,
repair, and removal of the DSL equipment may result in service outage
or
potential damage to your computer. You are solely responsible for
backing-up
all existing computer files by copying them to another storage medium
prior
to installation of the DSL equipment, and prior to any inspection,
maintenance,
repair, or removal of the DSL equipment.
(b)
Access; File Modification. If you
request Sisqtel to install Sisqtel
DSL Internet Service, you authorize Sisqtel to enter your premises at a
mutually agreed time, open your computer, install hardware and
software,
re-boot the system, test the service, and perform similar functions
necessary
for a successful installation. As part of the installation process for
the DSL software, as when most software is installed on a computer,
system
files on your computer, such as INI, BAT, SYS, and DLL files, may be
modified
or deleted. Sisqtel does not represent, warrant, nor covenant that such
modifications or deletions will not disrupt the normal operations of
your
computer.
(c)
Limitation of Liability. Sisqtel and its
employees, agents, contractors,
and representatives shall have no liability whatsoever for any (i)
damage
to or loss or destruction of your software, files, or data arising out
of installation by Sisqtel; or (ii) damage to your computer or
peripheral
equipment caused by Sisqtel in the course of installation, other than
the
cost to repair or replace such hardware; or (iii) disruption of your
normal
telephone service during the installation process; or (iv) impacts upon
or loss of any computer or software vendor warranty relating to the
opening
of your computer in the course of installation.
26.
Installation By You or Others.
Sisqtel does not represent, warrant, or covenant that installation by
you
or a third party chosen by you will enable you to successfully access,
operate, or use Sisqtel DSL Internet service.
27.
Appropriate Use. Sisqtel
reserves the right to terminate your Sisqtel DSL Internet Service
immediately
without notice if, in Sisqtel's sole discretion, you do not use Sisqtel
DSL Internet Service in an appropriate and lawful manner. You agree not
to use or to allow others to use Sisqtel DSL Internet Service, directly
or indirectly, to:
(a) Violate
any of the provisions of Section 6 of this Agreement; or
(b) Disrupt,
abuse, or cause degradation of service in the Sisqtel's backbone
network
nodes or network services or the network nodes of other Sisqtel.net
users;
or
(c) Resell
the Sisqtel DSL Internet Service, or bandwidth, or use the service for
operation of an Internet service provider business or for any other
business
enterprise in competition with Sisqtel; or
(d) Redistribute
your residential Sisqtel DSL Internet Service to anyone not a member of
your household or redistribute your business Sisqtel DSL Internet
Service
to anyone not working for your business as an employee or contractor.
(e) Access
any computer, software, data, or any confidential, copyright-protected,
or patent-protected material of any other person, without the knowledge
and consent of such person.
If
you engage in any of these activities,
Sisqtel may immediately terminate your Sisqtel DSL internet Service.
This
Section 27 shall not in any way limit Sisqtel's rights of termination
pursuant
to Section 12 of this Agreement.
28.
Security.
(a)
Firewall, Anti-virus Recommended. It is
your responsibility to safeguard
your computer system, through appropriate means (e.g., using
commercially
available software or hardware) from theft, unauthorized use, or system
corruption. If you fail to secure your system properly and that causes
any detriment to the network, Sisqtel may immediately terminate your
Sisqtel
DSL Internet Service. Sisqtel HIGHLY recommends that you purchase and
install
a commercial firewall package and anti-virus package. Sisqtel shall
have
no liability whatsoever for any claims, losses, actions, damages,
suits,
or proceedings resulting from or arising out of or otherwise relating
to
your failure to safeguard the security of your system, software, and
data.
(b)
FTP/HTTP Server Setup. Certain
applications that you may use will,
by their nature, permit other Internet users to gain access to your
computer.
These applications include, for example, your use of your computer as a
server to allow others to download files using FTP or to access content
you placed on a Web site using HTTP. You are permitted to run such
applications
for your personal use and within the limitations of Sections 6 and 27
of
this Agreement, provided that you take the appropriate security
measures
and you assume all risk of security breaches such as those described in
Section 28(a) above. Sisqtel shall have no liability whatsoever for any
claims, losses, actions, damages, suits, or proceedings resulting from
or arising out of or otherwise relating to your use of such
applications,
including, without limitation, damages resulting from other Internet
users'
having access to your computer.
29.
Limitation of Liability for
Equipment.
(a) Sisqtel
shall not be liable for any direct, special, indirect, or consequential
damages, including without limitation loss of anticipated profits or
other
economic loss, personal injuries, or property damage, for defective
equipment
provided by Sisqtel.
(b) Your sole
remedy in the event of any defective equipment shall be to seek redress
from the manufacturer in accordance with the terms and conditions set
forth
in such manufacturer's warranty or end-user license packaged with such
equipment. Do not ship defective equipment to Sisqtel. Any equipment
Sisqtel
delivers to you hereunder may have additional restrictions on its use
required
by the manufacturer. You are solely responsible for adhering to any and
all such restrictions and requirements.
30.
Internet Protocol Address.
You shall have no ownership interest in any Internet Protocol address
provided
by Sisqtel. Sisqtel shall retain ownership of all such addresses and,
upon
termination of this Agreement, you shall no longer have access to or
use
of any such address.
EXHIBIT
A
to
THE
SISKIYOU TELEPHONE COMPANY
DSL
INTERNET SERVICE ADDENDUM
MINIMUM SUPPORTED
SYSTEM REQUIREMENTS(1)
Windows
System
Microsoft Windows XP Service Pack 2
PC
with 300 megahertz or higher processor clock speed recommended; 233 MHz
minimum required (single or dual processor system);* Intel
Pentium/Celeron family, or AMD K6/Athlon/Duron family, or compatible
processor recommended
128
megabytes (MB) of RAM or higher recommended (64 MB minimum supported;
may limit performance and some features)
1.5
gigabytes (GB) of available hard disk space
Ethernet
card with RJ45 connector
Macintosh
System
Mac OS 9 to OS X 10.3 (excluding OS X 10.0 -
10.0.4)
Power
PC Processor
64MB
of RAM (128MB recommended)
100MB
of free disk space
Ethernet
support, via AAUI port with
RJ45 connector transceiver, communications slot or PCI slot equipped
with
an Ethernet card and RJ45 connector or built-in RJ45 connector
1.
The minimum requirements
may not be adequate for all DSL downloads, features, and functions that
you may want.
EXHIBIT
B
to
THE
SISKIYOU TELEPHONE COMPANY
DSL
INTERNET SERVICE ADDENDUM
SYSTEM SETTINGS
IP
Address: _______._______._______._______
VPI:
_______
VCI:
_______
SUB
NET MASK: _______._______._______._______
GATEWAY
Address: _______._______._______._______
DNS
Address: _______._______._______._______
Email Settings:
Incoming
Mail, (lower case): pop.sisqtel.net
Outgoing
Mail, (lower case:) mail.sisqtel.net
If
you use the above SISQTEL-provided
settings, you acknowledge that you have read and agreed to THE SISKIYOU
TELEPHONE COMPANY SERVICE AGREEMENT, AND ALL ADDENDUMS, EXHIBITS, AND
ATTACHMENTS
THERETO.

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