As a member of Madera Area Digital Network, you agree that you are at least 18 years of age (or have permission from a parent or guardian to use this service) and will abide by the policies of MADNET. It is understood that information on the Internet may be unedited, uncensored, and/or offensive to you. You access such information at your own risk. MADNET does not censor the Internet and has no control over what data is transmitted to you.

As a user of MADNET, you agree not to use this service in a manner that violates any local, state, or federal laws. Member agrees not to use the Internet for abusive, profane, libelous, slanderous, threatening, or otherwise harassing posts or E-Mail or Web Sites.

As a member, you are licensed to a single account for one dial-up connection at any given time. Simultaneous logins are not allowed and may result in suspension of your account. Spamming in newsgroups or mass E-Mailing that result in complaints is strictly prohibited. There is no flexibility on this issue. If you are found to be in violation of this policy, your account will be suspended and you will be charged $500 per violation.

MADNET operates a Spam free service to ensure that all of MADNET's clients will be welcome at any site they wish to visit.

Member agrees not to develop and run a pornographic website on MADNET. Any website that is receiving numerous hits as to impede the quality of MADNET's service will be suspended until arrangements can be made to alleviate the congestion

Support:

MADNET will provide phone support to its clients which is limited to providing DNS information and dial-up configuration parameters necessary to connect to MADNET's Internet Servers. MADNET cannot be held responsible for quality of local phone line conditions or the condition of a client's computer equipment, and does not guarantee that you will be able to connect to MADNET's servers.

Account Billing:

MADNET accepts Visa and MasterCard charge cards for billing purposes. There are no refunds for time not used on MADNET. Your account is not monitored for inactivity and we do not assume that you wish to cancel if you have not used your account. It is your responsibility to cancel your account or E-Mail us at madnet@madnet.net to inform us that you wish to do so. Make sure to include your login name and password so that we may verify your cancellation.

Credit Cards:

By providing your credit card (Visa/masterCard) account number to MADNET, you authorize MADNET to bill your account each month, the amount due to maintain your account. This authorization may be revoked by you the customer at any time. The request for such revocation of authorization must be submitted in writing to MADNET’s office.

Definition of Un-Metered Access:

MADNET does not meter the usage of individual accounts and does not put a specific hourly limit on dial-upn accounts. Nevertheless, MADNET asks that clients be reminded that there are other clients besides themselves who utilize the service. Un-Metered Access does not confer the right to abuse the service by maintaining indefinite connections when those connections are not actually being used by the client. If a client requires a permanent connection they will be required to establish a different type of account. Dial-Up accounts are not to be utilized in such a manner.

Late Charge/Non-Payment:

A $3.00 late charge will be applied to the following billing cycle for accounts not paid after 10 days from the specified due date; Accounts that are 15 days past due will be de-activated and a fee of $19.95 will be charged for re-activation of account plus any unpaid balance, to include any late fee that may apply.

Refunds:

The One-time setup fee is non-refundable. Unused, Cancelled or De-activated Monthly Accounts are not refundable. Refunds for established 6/12 month accounts will be made for any remaining balance upon de-activation of the account minus the set-up fee and discount for each month the account remained active.

Force Majeure:

MADNET and its Associates are not liable for any loss or damage whatsoever caused by delays, failures of performance,damage, destruction, or malfunction of switching equipment, or any loss or damage occasioned by fire, the elements, labor disputes, shortages,utility curtailments, power failures, explosions, civil cable cuts, acts of God, government requisition, changes in government regulation, acts or omissions of third parties or any other cause beyond MADNET's reasonable control.

Indemnification/Limitation of Liability:

MADNET does not require its clients to enter into an annual service contract. This being the case, service may be cancelled by either party, MADNET or the client, upon written notice. The Customer agrees to defend, indemnify and hold MADNET harmless from and against all claims, demands, actions,causes of action, judgments, costs and reasonable attorneys’ fees and expenses of any kind arising from or related to any use of the Service or otherwise arising under this Agreement. In no event shall either Party be liable for any loss of profits, or for any indirect, incidental, punitive, reliance, special, exemplary or consequential damages.

IN NO EVENT SHALL MADNET BE LIABLETO THE CUSTOMER OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, FOR ANY DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, OR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF MISTAKES, ACCIDENTS ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR DEFECTS IN TRANSMISSION OR DELAYS, INCLUDING THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES, ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE OBLIGATIONS OF SUPPLIER PURSUANT TO THIS AGREEMENT, SERVICE PROVIDER MAKES NO WARRANTY, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE SERVICE OF THE LOCAL ACCESS, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY MADNET ARE HEREBY EXCLUDED AND DISCLAIMED.

If any part of this agreement is unacceptable to you, you must immediately terminate your membership with MADNET.

MADNET reserves the right to refuse service.