Subscriber Agreement

A. Introduction.

Welcome to CMC.NET. This Subscriber Agreement (the "Agreement") spells out what you ("you," "your," "customer" or "subscriber") can expect from CMC.NET ("us," "we," "our" or "CMC.NET"), and what we expect from you. If you have any questions about any part of this Agreement, please send us an e-mail about it! We will be glad to explain why these provisions are important to us and our customers. If you are unwilling or unable to accept or comply with these provisions, please contact us so that we may cancel your account. All references to CMC.NET in this Agreement include CMC.NET's computer and communications system (the "system"), its officers, directors, agents, employees, parent companies and their respective heirs, assignees and successors.

B. Account Information.

Minor accounts (those under 18 years of age) will not be activated until we receive a signed parental agreement form. Applicants' parents will receive this form through U.S. mail. Please call to obtain this form. You are entirely liable for all activities conducted through your subscriber account and any additional e-mail addresses under your subscriber account. A subscriber may permit another individual to use the subscriber's account, subject to the subscriber's supervision and with assumption by the subscriber of all resulting liabilities. CMC.NET is not to be used by you or by any third party under your control for any illegal activities or other purposes prohibited by law. You represent that all information provided to us with respect to your account is correct. You agree to update this information within a month of any change to this information. You agree to keep your passwords secret. Your right to use CMC.NET is not transferable, unless expressly permitted by CMC.NET in writing. You will pay for all costs associated with the use of the account, whether your material is protected by copyright or not. A dial-up account is an attended account. It is not a dedicated account and shall not be configured to become or otherwise act in any way like a dedicated account. We reserve the right to cancel the service of any customer who uses a dialup account as a dedicated account. Interpretation of this Agreement term is at the sole discretion of CMC.NET. If you wish to have 24-hour connectivity via a dedicated connection, then please call us to set up a dedicated account for a higher fee.

C. Access and Services.

We will give you access to our Home Page and Internet News Groups. Currently, these include: (1) public message areas - reading and posting messages; (2) file transfer areas - uploading, downloading and browsing files; (3) e-mail - sending and receiving messages (please see the section on privacy, below); and (4) chat areas - real time discussions with other users who are online at the same time as you. We reserve the right to terminate connections that remain idle for an excessive amount of time, or open for an excessive amount of time (currently four hours), wherein such times shall be determined at our sole discretion. This discretion helps keep our rates down. As explained above, if you wish to have 24-hour connectivity via a dedicated connection, then please call us to arrange for a dedicated account at a higher fee. CMC.NET does not guarantee the safety, accuracy, or content of any materials or information on the Internet or any materials the customer transfers or receives on the Internet. You acknowledge that all information obtained on the Internet or through CMC.NET, including but not limited to any Internet sites referred to or instructions of any kind contained in materials provided by CMC.NET, is provided without warranty of any kind and that your risk of acting on such information is entirely your own. You are responsible for providing any and all equipment and services needed to access the system. You are responsible for the use and compatibility of any hardware or software not provided by CMC.NET. You acknowledge that references to Internet sites in correspondence from CMC.NET are provided for your information only and that any software downloaded from such sites is not provided by CMC.NET. We make no warranty, guarantee or representation that any particular device or software will function properly with the system or any system associated with the Internet. Your responsibility for payments under this Agreement shall not be reduced or changed by virtue of any hardware or software not provided by CMC.NET failing to function or being incompatible with the system or the Internet. CMC.NET reserves the right to modify, add, or remove all services and features of the system at any time. You are responsible for verifying with your local telephone company that the dial-up phone numbers provided by CMC.NET do not have toll charges attached thereto; in the event you incur toll charges from use of your Internet service provided by CMC.NET, you agree that you are solely responsible for payment of such charges.

D. Price and Payment.

The sign up and monthly fees for subscribing to e-mail and Internet Access services are published on our current CMC.NET rate card. We reserve the right to change any fee or charge at any time. CMC.NET customers will receive thirty days' notice of any change via CMC.NET's Home Page or other such way of communication at CMC.NET's sole discretion. We will send you a billing statement at the end of every month. Payment is due by the due date shown on your statement. CMC.NET has the right to cancel without prior notice all unpaid or not fully paid accounts which are delinquent. Any remaining unpaid account dues will be billed to you. Extra fees may be charged to you for bounced checks. CMC.NET reserves the right to restrict customers to certain payment options (credit card, cash, check, money order, etc.). Payments to CMC.NET are nonrefundable. No refunds shall be given for canceled accounts, unless the account was clearly defective and nonworking. The only exception is for the last payment associated with an account which will be returned if the account is canceled within 7 days of the date the payment was due.

E. System Rules.

You agree to abide by the basic rules for the system, including but not limited to: Respect other subscribers of the system. Feel free to express yourself, but do not do anything to injure or harm others. Do not use the system to transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethically or otherwise objectionable messages or material. You may not perform any activity that constitutes a criminal offence, or export software or technical information in violation of United States export control laws. Do not impersonate any person on the system or communicate under a false name or a name that you are not entitled or authorized to use. Do not attempt to access, alter or destroy any information of another customer, of CMC.NET, or of anyone on the Internet. Do not internationally export unlicensed materials. Do not use e-mail or web addresses from any domain name hosted on CMC.NET systems as contact points for unsolicited bulk e-mail. You are required to post valid return addresses on all e-mail. Do not post or transmit chain letters or pyramid schemes. Do not use the system to send unsolicited advertising, promotional material, or other forms of solicitation to other subscribers except in those specified areas designated for such a purpose. Do not post advertisements to inappropriate USENET newsgroups. DUE TO THE EXCESSIVE USE OF BANDWIDTH CAUSED BY SPAMMING, YOU AGREE TO PAY A $500 CLEAN-UP FEE PER E-MAIL ITEM (BOTH INCOMING AND OUTGOING) THAT YOU SENT OUT AS SPAM. We want people to speak freely on the system. But if you misuse that freedom to abuse others, we will discontinue your service. Do not use the system for anything that might be illegal, including but not limited to using the system for activities relating to illegal drugs, illegal gambling, pornography, prostitution, child pornography, robbery, spreading computer viruses, cracking into private computer systems, software infringement, trafficking in credit card codes, or other crimes. Misuse of the system may result in immediate termination of system access. Respect the security of our system. If you attempt to access secure areas or violate system security in any way, you will be disconnected immediately without notice. Your use of the system is subject to all applicable local, state, national and international laws and regulations. We retain the right, but not the obligation, in our sole discretion, to immediately terminate your use of the system without notice if your use violates any such laws, regulations or this Agreement. You shall obey Internet acceptable use policies for Internet applications which are generally available on the Internet. Although the system is on a commercial exchange, you assume all the risks of transferring prohibited materials across restrictive networks and transgressing their acceptable use policies. You shall not attempt to undermine, hinder, damage, or disrupt the hardware, software, or security of the system or the Internet and its associated systems. Expressly prohibited activities include but are not limited to putting any software on the system to enable the subscriber to accomplish the foregoing; running any programs while not actively on the system; propagating computer viruses, worms or any transmission which have the potential for disabling or otherwise impeding the system or any recipient's facilities, equipment, software, data or service; making unauthorized entry to the system or any system, resource or device connected to the Internet; or violation of any applicable laws or regulations which govern on-line activities. You are prohibited from soliciting CMC.NET customers to become customers of other competitive information services. You are prohibited from reselling or transferring for value access to the Internet through the system. Your right to implement a personal World Wide Web page is subject to the following restrictions. Notwithstanding other provisions of this Agreement, CMC.NET will not censor any information you choose to place on your personal web page. This is, however, is intended for low-volume use (250 MB of traffic per month). If the traffic associated with your personal web page exceeds 250 Megabytes per month, CMC.NET may, in its sole discretion, disable the page for the remainder of the month or adjust your fee to reflect increased use of bandwidth.

F. Privacy.

We offer private electronic mail on the system as a service to our subscribers. We will endeavor to keep all of your e-mail private, viewable only by you and the person to whom you address it, except: (1) We, as system operators, may need to look at your electronic mail if we believe it is necessary to protect ourselves or other subscribers from injury or damage. We will not, however, monitor electronic mail unless we believe it is being misused. (2) We will not deliberately disclose electronic mail to other subscribers. If we believe certain electronic mail is connected with illegal activities, we may disclose it to the authorities to protect our system, ourselves and other subscribers, and such activities may be monitored, recorded and provided to law enforcement officials. (3) If appropriate authorities ever search or seize the system, they may gain access to your private electronic mail. In that case, we cannot assure they will not review it.

G. Editorial Control.

We want the system to be a worthwhile place for all of our subscribers. This does not mean everyone can do whatever they choose on this system, regardless of its effect on others. It is our job to accommodate the common needs of all subscribers while striving to meet our own goals for the system. We will not monitor all messages and file transfers. We want to keep the message and file traffic moving quickly and smoothly. This goal would be defeated if we monitored everything on the system. However, if we see (or hear about) messages or other activities that violate the rules, threaten the order or security of the system, or use the system in ways we do not agree with, we will take appropriate action. If a subscriber persists in posting messages or transferring files that we previously warned him/her should not be on the system, those messages will be deleted, and he/she may be locked out. If we discover any subscriber violating the rules, especially the prohibition against illegal activities, we will act firmly and swiftly. Depending on the circumstances, the subscriber involved may be warned or simply denied access, wherein such decision is at the sole discretion of CMC.NET. If the subscriber has done anything to put us or other subscribers in jeopardy, we reserve the right to contact the appropriate authorities. If all subscribers act with respect and regard for us and for other subscribers, there should not be any problems. But if problems arise, you acknowledge that we will assert control over our system against any subscriber who threatens it. You acknowledge that some Internet sites accessible through the system may contain material which you or someone you authorize to use your account may find highly objectionable or offensive or which may be unsuitable for children. You acknowledge that CMC.NET exercises no control over such material and is not liable for any damages, including mental or emotional distress, which may result from accessing such material.

H. Ownership of Materials.

While you will retain your rights to all original messages you post and all original files you upload, in posting the message or uploading the file you will be granting us the right to use, reproduce, publish, transcribe, distribute and display the message or file and any subscribers the right to access, view, store and reproduce the message or file for personal use. Likewise, you must respect the ownership rights of others in their own messages and files. "Ownership rights" include copyright, trademark and other proprietary rights. You may not post or upload any messages or files unless you own them, or you have full authorization from the owner to transmit them to this system. This means that you cannot post messages, allow transfers of, or upload files unless you own all applicable copyright, trademark, or other proprietary rights to all material in the message or files, or have the express authorization of the owner or holders of all such rights to use the material in question as you intend to use it. Any material posted or uploaded by you with consent of a copyright owner other than you should contain a phrase such as "copyright owned by [name of owner]; used by permission." Material may also be subject to license restrictions and you may not place any such material on the system or download any such material in violation of the terms of the applicable license. You assume all risks in determining whether such material is copyrighted or subject to any license restrictions. The unauthorized use of material which is subject to the rights of third parties is a breach of this Agreement and may render you liable to the owners or holders of such rights. CMC.NET retains the right to remove any materials from the system which it has reason to believe violate any party's copyright or other intellectual property or proprietary rights. We own certain items you will find on this system, including but not limited to the "look and feel" of the system, the name of our system, and the collective work copyrighted 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. Before you copy anything from our system with plans of reproducing it or distributing it, you must contact us about it.

I. Cancellation / Termination.

CMC.NET has the right to cancel your account without prior notice for any reason, including but not limited to if your account is past due for payment or if service is cancelled in your area for any reason, including but not limited to the necessity to comply with laws and tariffs - without any liability on our part. Further, breach of any of the terms or conditions of this Agreement by you may result, at the sole discretion of CMC.NET, in an immediate termination of your account without any further liability on our part. Such termination of your account shall not limit any other remedies CMC.NET may have in law or in equity. On the other hand, you may cancel your account at any time by e-mail, phone or fax, and such account shall terminate at the end of the account period. In the event of account termination for any reason, you agree not to hold CMC.NET liable for any damages or inconvenience associated with CMC.NET's deletion of the account. This paragraph is notwithstanding any other cancellation or termination provisions in this Agreement.

J. Limitation of Liability and Indemnity.

The great danger for us, and for all operators of systems, is that we might be held accountable for the wrongful actions of our subscribers. If one subscriber libels another Internet user, the injured person might blame us, even though the subscriber was really at fault. If a subscriber uploads a program with a computer virus, and other Internet users' computers are damaged, we might be blamed even though the virus was uploaded by a subscriber. If a subscriber transfers illegal credit card information to another person, list, or computer through private electronic mail, or other means, we might be blamed even though we did nothing more than unknowingly carry the message from one subscriber to another person, computer, list, or newsgroup. We need all subscribers to accept responsibility for their own acts, and to accept that an act by another Internet user that damages them must not be blamed on us, but on the Internet user who committed the wrongdoing. These needs are accomplished by the following: YOU AGREE THAT CMC.NET's CUMULATIVE LIABILITY, IF ANY, TO YOU FOR ANY AND ALL CLAIMS WHATSOEVER RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, ANY CAUSE OF ACTION SURROUNDING IN CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF SUBSCRIBER FEES PAID BY THE CUSTOMER UNDER THIS AGREEMENT. IN NO EVENT SHALL CMC.NET BE LIABLE FOR ANY LOSS OF PROFIT, REVENUE OR DATA, ANY INCIDENTAL, SPECIAL OR EXEMPLARY OR CONSEQUENTIAL DAMAGES; OR ANY CLAIMS OR DEMANDS BROUGHT BY CUSTOMER, EVEN IF CMC.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DEMANDS. YOU SHALL NOT BE ENTITLED TO SPECIFIC PERFORMANCE IN CONNECTION WITH THIS AGREEMENT. THIS LIMITATION ON LIABILITY, DAMAGES AND CLAIMS IS INTENDED TO APPLY TO ALL CUSTOMERS' CLAIMS, WITHOUT REGARD TO OTHER PROVISIONS OF THIS AGREEMENT WHICH HAVE BEEN BREACHED OR PROVEN INEFFECTIVE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SYSTEM AND THE INTERNET ARE AT YOUR SOLE RISK. OUR SYSTEM, INTERNET AND THE INTERNET ACCESS ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION, IN WHICH CASE OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. 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) caused by: (i) claims by any party for libel, slander, defamation, invasion of privacy, infringement of intellectual property rights including trademark, copyright or patent rights, and unlawful access or alteration to private records or data arising from any information, software, data or message transmitted or received by you through the system; (ii) the negligent or intentional wrongdoing by you or third parties under your control; or (iii) any breach by you of this Subscriber Agreement. While CMC.NET will attempt to maintain 99% uptime, unscheduled shutdowns may occur without prior warning. CMC.NET does not warrant that any service carried on the Internet will be uninterrupted, error free or secure, or that any software or other material accessible on or through the system will be free from viruses, worms or other harmful components. CMC.NET does not warrant that you will be able to connect, communicate or pass information to any particular site on the Internet at any particular speed or throughput. While we will attempt to inform each customer by e-mail of planned shutdowns a week before they occur, CMC.NET is under no obligation to do so. You agree that CMC.NET is not liable for any damages to you which may result from service shutdowns or any loss of materials that might occur in our normal operations. We recommend that customers regularly backup or download important information stored with us. You understand and agree that technical assistance provided by CMC.NET is advisory in nature and the CMC.NET is not liable for technical information provided by CMC.NET employees, and you act upon such information at your own risk. CMC.NET shall not be liable for any damages that result from you acting or failing to act upon technical information provided by CMC.NET employees. CMC.NET is not liable for claims or damages caused by the customer's fault or negligence, or for the claims of third parties against the customer.

K. Choice of Law.

The validity and interpretation of this Agreement, and all disputes and litigation which arise out of or concerning this Agreement, or the subject of this Agreement, shall be governed by Oregon law. All disputes and litigation which arise out of or concerning this Agreement, or the subject of this Agreement, shall be decided by the state courts of the State of Oregon. The venue for all disputes and litigation which arise out of or concerning this Agreement, or the subject of this Agreement, shall be the Circuit Court for Lane County. You agree and consent that if there is a legal action against us involving you, the courts of our own state, Oregon, will have exclusive jurisdiction over any such legal actions.

L. General.

This Agreement is the entire understanding between you and us regarding your relationship to our system. We reserve the right to modify the terms of this Agreement at any time and any such modification shall become effective immediately upon posting the revised agreement on the system or notifying you via e-mail or conventional mail. If any revision is unacceptable to you, you may terminate this Agreement. Your continuing use of the system following posting of the revised Agreement shall constitute your agreement to accept all such revisions. CMC.NET shall not be bound by any statements made by agents or employees of CMC.NET which conflict with the terms and conditions of this Subscriber Agreement. In the event of any conflict or inconsistency between this Subscriber Agreement and any other agreement between CMC.NET and customer, the terms and conditions of this Agreement shall control.

Statement of Compliance with the Digital Millennium Copyright Act

Copyright © 1997-2008 Emerald People's Utility District

24/7 Technical Support:
Eugene/Springfield Area: 541-344-8283
Within Oregon: 877-282-3523
Outside Oregon: 800-731-4871
Or email support@cmc.net