This agreement encompasses all services provided by StateISP and its owned and managed domains. This agreement represents the complete agreement and understanding between StateISP.net and Subscriber and supersedes any other written or oral agreement. Upon notice published on-line via StateISP.net, StateISP.net may change these terms and conditions, and/or change the prices charged for these services, and/or discontinue or change the services offered.

StateISP.net will not enable Subscriber's Internet access account until we receive an StateISP.net Internet Access Order Form from Subscriber. It must be signed and dated by Subscriber and by Subscriber's parent or legal guardian if Subscriber is under 18 years of age. StateISP.net does not recommend sending cash through the mail. We are not responsible for the loss of your funds if you do this. We accept checks, money orders and credit cards. Credit Card and Checking services are offered on monthly and AutoPay systems.

We agree to provide you with those services set forth at the time of signup and you agree to abide by the restrictions made below. In the event of any violation of the below terms and conditions of using our service, we reserve the right to suspend or terminate your account immediately, without notice. If you do not wish to be bound by the below terms and conditions of using our service, then you may not access the service.

This agreement shall remain in effect until Subscriber terminates his/her account or StateISP.net cancels Subscriber's account. StateISP.net may occasionally require new registration and account information from Subscriber to continue this service. In addition, Subscriber shall notify StateISP.net in writing or by e-mail of any changes in the account information, such as address or phone number.

All accounts described below are for personal, non-transferable access. Note that signing on with more than one concurrent user session through our modem pool is explicitly prohibited, as is lending or giving your account password to others.

EACH INDIVIDUAL PERSON WHO USES STATEISP.NET MUST HAVE THEIR OWN ACCOUNT.

StateISP.net reserves the right to change the terms and conditions by notifying Subscriber in writing or by e-mail at least 30 days in advance of the effective date of the change. Use by Subscriber after the effective date constitutes acceptance of the new terms and conditions. If subscriber does not agree to the new terms and conditions, Subscriber may cancel this agreement at any time by giving StateISP.net proper written notice in accordance with the terms and conditions stated herein.

StateISP.net also reserves the right to terminate an account at any time for any reason. Subscriber will not receive a refund for any prepaid or unused time unless deemed appropriate by StateISP.net personnel.

Effective Date

This agreement shall become effective when Subscriber's net access is enabled.

Warranty Disclaimer

No warranty's are made regarding the service. We do not guarantee that the service will be uninterrupted or error free. We exercise no control whatsoever over the content of information that is passed through our system. The service is provided on an "as is" basis.

Responsibility of Use

User shall assume all responsibility for all content distributed, accessed, or viewed while connected to our service. Under no circumstance shall we be held liable for your actions while you are using the service. In the event of a court order, we may provide any and all information that they request of us to them.

Limitation of Liability

Under no circumstances shall we, our agents, our providers, or employees be liable for any damages, which result in any way from user's use or inability to use the service or any part thereof. This includes all direct and indirect damages, special, punitive or consequential damages that may result from busy signals, errors, delays in the service, deletion of files, viruses, theft, or alteration of a user's computer. In the event that we are found liable under any circumstance under the terms of this agreement, our liability shall be limited to the unused balance of user's subscription payment pro-rated to reflect the current term.

Age Limit

User represents to us that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

Sexually Explicit Materials

User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. We have no control over and accept no responsibility whatsoever for such materials.

Restrictions of Use

User understands that the following restrictions are applied to the service:

User May Not: Send SPAM, or bulk email when dialed into the network. Post offensive, threatening, or SPAM, when using the newsgroups and forums. Use their personal FTP site for business sites (other than  a link to a business site). Post or transmit viruses or any harmful component to others. Transmit anything that is protected by copyright without permission. Attempt to violate the security of any computer network Engage in any illegal activity.

Dialup Restrictions

User agrees to allow provider to force a 15 minute idle timeout and 3 hour maximum session on their dial-up account. Attempts to defeat the idle timer using a ping bot or system tool, or the use of a redialer to automatically reconnect once disconnected is prohibited. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the service. Dial up is not meant to be an always on connection.  U

User understands that unlimited service does not mean dedicated service. Dedicated service shall be defined as an average of more than 15 channel hours a day, based on a 30 day calendar month usage report. User may be blocked and forced to upgrade to continue service if their unlimited account is used as a dedicated connection.

User understands that some services may be offered as limited. Once the user has reached their limit, they shall not have access to the internet until the user is below a 30 day average of the number of hourspurchased per month. User will not be given and may not purchase more than one limited account in an attempt to get unlimited access on a limited service. If user wants unlimited, "always on" they must purchase an unlimited DSL account.

The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time.

Email Restrictions

·         User agrees that Port 25 (SMTP) is blocked for all outgoing mail servers except our own.

·         User may not send to more than 25 recipients at a time.

·         User may not send more than 200 emails per 24 hour period.

·         User may not send from an email address that is not their own.

·         User may not send an email that is over 10 MB in size.

·         User may not forge message headers to hide the origin of their email.

·         Provider may block certain attachment types used in transmitting viruses.

·         Email is kept on the server for only 60 days.

Hosting Restrictions

Although we advertise unlimited bandwidth, we reserve the right to inform you that you must transfer your website if an excessive amount of bandwidth is being used. User may not purchase more than 1 hosting package and link them together in an attempt to get around our bandwidth or website size restrictions. (when applicable) We currently do not allow websites that exceed 15 GB of bandwidth per month to host on our servers. If the request is not met within 5 days, we do reserve the right to remove the website from our system.

You agree not to post any of the following restricted contents: Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials.

We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are acceptable or unacceptable, desirable or undesirable, or in violation of this Agreement.

Personal Web Site Acceptable Use

• Use up to 10 megabytes of space FREE OF CHARGE
• Personal Web Space is for personal information and fun.
• Personal Web Space is FREE for those who want to dabble in Web Site development.
  Phone calls or e-mail requiring consultation for Personal Web Space is billed at $40 per hour with a minimum $10 per consultation. This policy does encourage you to do your homework grunt through the instructions and learn a whole lot! If you are unable or unwilling to do this, we will be happy to provide consultation and Web construction services at the aforementioned rates.
• No CGI scripts (unless provided by StateISP.net) for Personal Accounts at this time.
• No controversial material of any kind (i.e.: religious, political, sexual, etc.)
• No reselling of your personal web page or other pages on the servers.
• No pages offering services that StateISP.net, Inc. provides (i.e.: Internet Access, Website Hosting, etc.)
• System Administrators reserve the right to review all web pages for content and/or remove said pages without warning. Explanations for removal will follow.
• No High bandwidth that would result in less enjoyment for other StateISP.net users.
• No Copyrighted material.

Right to Cancel

We reserve the right to cancel Service for any reason without prior notice. In the event that a user's service is cancelled for a reason outside of this TOS, we will refund the user the unused portion of that month's service at the time of cancellation. With proper notification, customers may be entitles to a refund when they have paid their accounts in advance.  See Billing provisions.

Support

StateISP.net support is for connecting to StateISP.net services only. Programs supplied by StateISP.net for access to StateISP.net modems are either shareware or freeware and support for those programs must be obtained from the original authors. As supplied the disks have been tested and do work with StateISP.net computers. Occasionally there are configurations that will conflict with the proper operation of supplied software. StateISP.net will try to assist in resolving such conflicts but you may need to contact your hardware vendor, operating system vendor, or software author to resolve the conflict.

Support for the internet will be limited to assisting in the setup of OS programs used in logging into StateISP.net hosts computers.

System Backups

We do not and will not perform system backups on any User's E-mail account(s) or Web Accounts or Photo Gallery. We shall not be held responsible for any lost E-mail ,Web, or Photo data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, we will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Although we do perform system backups on hosting content, we shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. User should always keep their own backup of their website. Except as otherwise set forth herein, We will not provide historical data, to any party for any reason, regarding any system or Internet activity, consistent with the laws of the United States.

We do not perform backups on the mysql databases. We shall not be held responsible for any lost data. User should always keep their own backup of their database content.

No Confidentiality

Information transmitted through us and through the Internet in general is not confidential. We can not and shall not guarantee privacy or protection of any User. We reserve the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of our company.

Billing/Terms/Termination

StateISP.net will bill Subscriber monthly subscription and connection fees as set forth in StateISP.net current rate schedule. This schedule may be modified by StateISP.net upon 30 days notice in writing or by e-mail to Subscriber.

The StateISP.net accounting cycle begins on the 1^st. day of the month. The StateISP.net accounting period is one month. Subscriber must notify StateISP.net at least 10 working days before the next payment is due if Subscriber wishes to change the method of payment. Subscriber must notify StateISP.net at least 10 working days before the next payment is due if Subscriber wishes to change type of account.

Service payments will be submitted in advance of receiving services. Accounts not paid by the beginning of each accounting cycle will be considered delinquent. Delinquent accounts may be de-activated on the 10^th day of the month.

There is a $15.00 service charge for each returned check.

New accounts opened after the 5^th day of the accounting cycle will be pro-rated at a daily rate per day remaining in that cycle for the month.

Requests for termination of accounts must be received in writing by StateISP.net via e-mail, fax or postal service at StateISP.net office. Accounts will be terminated 5 working days after the receipt of such requests.

StateISP.net will send bills out at the beginning of the month. Payment is due upon receipt of invoice. Note that if your account expires, it is held at StateISP.net for 30 days; if renewal is received before that time files and any incoming mail will remain intact RENEWAL WILL BE FROM THE EXPIRATION DATE, NOT THE DATE OF RECEIPT OF YOUR PAYMENT. That is, if your account expires on March 1^st, and we receive payment on March 30^th for one additional month, your new expiration date will be April 1^st, not May 1^st.

Upon termination, all records and files will be deleted, and will not be accessible or recoverable.

Subscriber is responsible for all fees up to the date of termination of the service, except where StateISP.net is unable to provide services under this agreement through its own negligence.

Upon termination, any fees collected under the 6 month or 12 month plans will be reimbursed to the customer on a prorated basis.  The reimbursed fee will be calculated as if the customer never subscribed to the discounted plan.  The full monthly fee will be calculated to the time of termination and this amount deducted from the fee collected. 

Failure to Comply With Terms and Conditions

We may deny User access to all or part of the Service without notice if User engages in any conduct or activities that we in our sole discretion believes violates any of the terms and conditions in this Agreement. If we deny User access to the Service because of such a violation, User shall not have the right (1) to access through us any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through us, and we shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

Account Types – prices subject to change

Basic Dialup

This account is equivalent to an Internet account with an email account. 

There are three types representing different hours of usage in a calendar month – the previous 30 days.
35 Hours - $12/month ($10 with AutoPay)
200 Hours - $18/month ($15 with AutoPay)
450 Hours - $23/month ($18 with AutoPay)
Over-time charges accrue at $.50/hour if you exceed hours monthly, and will be billed on Net-30 terms.

Premium Dialup

This account includes Internet access and several software applications including SlipStream Web accelerator and Parental Controls and Newsgroups.
200 Hours - $18/month ($15 with AutoPay)

Hi Speed DSL

This account is always on and transmits and receives data at 256 Kbps.
Unlimited Hours - $32 /month ($30 with Autopay)

These accounts offer full PPP access to the Internet from your desktop!

Rates are not guaranteed until paid, renewal rates are subject to change at anytime without prior notice.

Miscellaneous

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

Our failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

We may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

We shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, loss of phone service on the network or any cause beyond our reasonable control. 

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming us as the defendant, shall be proper only in a venue determined by us.

In any action between us and User to enforce any of the terms of this Agreement, We shall be entitled to recover expenses, including reasonable attorney's fees.

This Agreement constitutes the entire agreement between User and us with respect to the Service.