SUBSCRIPTION REQUIREMENTS:
Customers must be at least 18 years old. Local access dial-up numbers may not be available in all areas. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll or other charges. PC's Unlimited is not responsible for any long-distance, toll or other telecommunications charges you incur. Current prices for PC's Unlimited Services are posted throughout our website at http://www.totalusa.net These rates may also be obtained by calling 435-755-5877 or 877-755-5877 8am to 6pm weekdays, Mountain Standard Time. PC's Unlimited reserves the right to change prices and institute new fees at any time.

NETWORKS:
PC's Unlimited has provided nationwide networks to ensure maximum coverage across the United States and Canada. The primary network service names are PCU.NET and TOTALUSA.NET with a login for Customers as username@pcu.net or username@totalusa.net.

DIAL UP LIMITS FOR ALL ACCOUNTS:
All standard accounts are assigned “ONE” Dial Up account with “ONE” username and “ONE” password. Each Dial-Up account is limited to “ONE” dial up connection. Each dial-up account is “Non Transferable” and may not be used to maintain a simultaneous connection. Any subscriber found abusing this policy will result in the immediate termination of all services. Totalusa.net/pcu.net Service By PC's Unlimited will provide an account which is "on demand usage" . Accounts will not be billed hourly for Internet access and may log on, and keep a connection to totalusa.net/pcu.net while ACTIVELY BROWSING THE INTERNET up to a limit of 300 hours per calendar month. This allows our customers on average 10 hours of usage per day. We have found that this limitation is well above the normal users usage per month and only affects less than 1% of our users that typically abuse Internet services. If a user reaches the 300 hour limit, they will not be able to access the Internet until the beginning of the next calendar month. Accounts are not to be used for unlimited or dedicated connections to the Internet. PC's Unlimited employes a 45 minute inactivity timer as well as a 6 hour network cutoff timer to ensure fair access to all customers. Customers who routinely stay online for several hours or days at a time using automated mail retrieval, auto-dialers, or any other programs which force a continual connection to PC's Unlimited's server and override any PC's Unlimited network management features, are violating the intent of our access policies and are denying access to others.
PC's Unlimited reserves the right to review usage patterns and restrict or cancel accounts that are impeding access by using excessive system resources.

TERM OF AGREEMENT:
Service is month to month beginning on the first day of the month unless specified on the contract. Service and billing for that service shall continue and accrue until notification is given by customer or PC's Unlimited for service cancellation. Customer is responsible for canceling service. Discontinuance of paying for service without notification by customer does not imply cancellation of services. All services including but not limited to, hosting, Dial-Up Access, Dedicated access, fall under a MINIMUM OF ONE MONTH SERVICE starting from sign-up and continuing month to month, from the beginning to the end of each month thereafter. INTRODUCTORY OFFERS which are lower than standard pricing are limited to one offer per customer, address, household or phone number.
Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services by terminating your account.

PAYMENT OBLIGATIONS OF A CUSTOMER:
Customers must provide PC's Unlimited with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information.
Customer promises to pay to PC's Unlimited the TOTAL OF PAYMENTS in periodic recurring charges or any non recurring charges associated with customers account type and service. Customer agrees to give notice two weeks prior to canceling service. Cancellation of service does not imply refund of payment. Customer will pay any balance due upon cancellation of service.
Customers must report to PC's Unlimited all changes to this information within five (5) days of the change. Customers are responsible for any changes to their account.
Customers having questions regarding charges to an account, should contact PC's Unlimited's Billing Department at 435-755-5877 or 877-755-5877 9:30am to 6:30pm weekdays Mountain Standard Time.
Customers have the option to pre-pay for an account at any time. Prepayments will appear as a credit on the customers statement until credit expires. After credit has been depleted, the account will continue to accrue charges unless formal disconnection to the account has been made upon depletion of the pre paid credit.
CUSTOMER IS SOLELY RESPONSIBLE FOR ALL LOCAL AND/OR LONG DISTANCE TELEPHONE CHARGES INCURRED IN CONNECTION WITH THE USE OF TOTALUSA.NET/PCU.NET SERVICES. PC'S UNLIMITEDWILL NOT REIMBURSE ANY LONG DISTANCE CHARGES YOU MAY INCUR. CHECK WITH YOUR LOCAL TELEPHONE SERVICE PROVIDER TO DETERMINE WHETHER THE ACCESS TELEPHONE NUMBERS YOU USE TO ACCESS TOTALUSA.NET/PCU.NET SERVICES ARE PROVIDED AT NO CHARGE BY YOUR TELEPHONE SERVICE PROVIDER

BILLING AND CREDIT CARD ACCOUNTS:
All charges are automatically billed to the Customer's on the day of sign up. The account shall be pro-rated to the first day of the month closest to the customers next billing date. The first day of the month shall be the new billing date and all future billing dates shall be based on this date. All charges are automatically billed to the Customer's credit card from that point on without notice to the customer of such charge until the account is canceled or unless the customer has requested to be billed by mail. If the customer has requested to be billed by mail, the customer shall be billed by mail from that point on until the account is canceled. Billing statements will typically be mailed on the first day of the month. The customer will pay this bill within 10 days of it's mailing.
In the event the credit card is declined by the customers Bank or the customer fails to pay the balance due on the bill, the customer will be notified by mail, email or phone to the address/email/phone number on file. Past due accounts that are not brought current within 5 days of the notice are subject to suspension and possible account termination. There will be a $25.00 charge for returned checks.
There will be a $20 Re-Activation Fee on any accounts suspended and then later re-activated. The company listed on the credit card statement will be PC'S UNLIMITED.

CANCELLATION:
You may terminate your account at any time and for any reason by providing notice of intent to terminate to PC's Unlimited 2 weeks in advance by: TELEPHONE: Call PC's Unlimited Billing at 435-755-5877 9:30am to 6:30pm weekdays Mountain Standard Time. EMAIL: billing@totalusa.net.
WEB SITE Cancellation form at www.totalusa.net/billing.htm
To protect you and for security purposes, all requests for cancellations or changes will require your username and password. PC's Unlimited may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if PC's Unlimited, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies. PC's Unlimited may provide a termination notice to you by: email addressed to your email account or by telephone. All notices to you shall be deemed effective immediately.

REFUNDS
PCU.NET and TOTALUSA.NET Services carry a 30 day money back guarantee. If you are not completely satisfied with our services and you notify us of cancellation within the first 30 days of your initail contract date, you will be given a full refund of the contract amount excluding any mandatory setup fees (typically $0 exept when special arrangements have been made on the contract), and any applicable domain registration fees. All cancellations must be forwarded to us via E-Mail, Fax, Phone, or through our website at http://www.totalusa.net/billing.htm. You must request a refund at the time that services are cancelled.
If you are on a monthly price plan and are past your initial 30 days of service, there is no refund amount due. If you choose a multi-month, semi-annual, or yearly price plan and cancel your service after 30 days, you will receive a prorated refund for the unused services as determined by PC's Unlimited's billing department. You must request a refund at the time that services are cancelled. If PC's Unlimited loses access numbers in your calling area, you will receive a prorated refund for the unused service. Please allow 3-5 weeks after refund request is received by PC's Unlimited to receive your refund.

ACCOUNT, PASSWORD, AND SECURITY:
You must keep your password confidential so that no one else may access the Services through your account. Sharing your account is prohibited, your account is for your exclusive use only. You must notify PC's Unlimited immediately upon discovering any unauthorized use of your account.

USE OF PERSONAL WEBSPACE:
Customers have available to them up to 10 MB of disk space for use as a personal, non-commercial web site. This space can not be used for commercial, pornographic or any objectionable material. What is objectionable will be determined solely by PC's Unlimited's management. If you are deemed to be in violation of this policy, your space will be deleted and you may, at our discretion, have your account terminated.

UNAUTHORIZED ACCESS / INTERFERENCE
User may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any network, system, computing facility, equipment, data, or information. A User may not use the Service to engage in any activities that may interfere with the ability of others to access or use the Service or the Internet. A User may not use the Service to monitor any data, information, or communications on any network or system without authorization. A User may not attempt to gain unauthorized access to the user accounts or passwords of other users.

EMAIL AND WEBMAIL SERVICE
These Services are made available to you for your personal use only. Email accounts are limited to a total maximum data size of 25MB. If your inbox reaches 25MB, additional messages may be rejected until space is made available by you. Messages older than 90 days will be permanently removed from your inbox. You may store messages and data in other folders located in your webmail, including custom folders for the length of the term of your paid account with PC's Unlimmited Internet Services. Any Email account that has NOT been accessed within any 90 day period may be deleted. Your email account will be deleted immediately following cancellation your paid account with PC's Unlimmited Internet Service. PC's Unlimited takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does PC's Unlimited have any obligation to monitor such third party content. PC's Unlimited reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this agreement, including any email that is identified to possibly contain viruses, spam or any other harmful content. PC's Unlimited also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of PC's Unlimited, its users and the public.
PC's Unlimited reserves the right to refuse service to anyone at any time without notice for any reason. PC's Unlimited will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

SPAMMING / SPOOFING / FRAUD / E-MAIL RELAY / DATA COLLECTION
PC's Unlimited prohibits the use of PCU.NET or TOTALUSA.NET Services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail ("Spam"). You may not use any PCU.NET or TOTALUSA.NET services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any of PCU.NET or TOTALUSA.NET Services or PCU.NET or TOTALUSA.NET customers.
E-mail sent, or caused to be sent, to or through the PCU.NET or TOTALUSA.NET Services may not use or contain invalid or forged headers; use or contain invalid or non-existent domain names; employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path; use other means of deceptive addressing; use a third party's internet domain name, or be relayed from or through a third party's equipment, without permission of the third party; contain false or misleading information in the subject line or otherwise contain false or misleading content; fail to comply with additional technical standards described herein; otherwise violate PC's Unlimited Terms and Conditions of Service.
A User may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than the User for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify a User's identity in connection with use of the Service is prohibited.
Users may not broadcast unwanted emails Any use of another party's electronic mail server to relay e-mail without express permission from such other party is prohibited.
PC's Unlimited does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through PCU.NET or TOTALUSA.NET Services. PC's Unlimited does not permit or authorize others to use the PCU.NET or TOTALUSA.NET Services to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber e-mail addresses, which are PC's Unlimited's confidential and proprietary information. Use of the PCU.NET or TOTALUSA.NET Services is also subject to the PC's Unlimited Privacy Statement and the PCU.NET or TOTALUSA.NET Websites

USENET POSTINGS
All postings to USENET groups must comply with that group's charter and other policies. Users are prohibited from cross posting to unrelated news groups or to any news groups where the post does not meet that group's charter. Continued posting of off-topic messages, including commercial messages (unless specifically invited by charter), is prohibited.
Any attempt to post a single article or substantially similar articles to an excessive number of newsgroups (ie, 20 or more) or continued posting of articles which are off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic. This will result in a charge to User in the amount of $250.00.This also applies to the usage of e-mail relays on other networks which provoke complaints from the recipients.
Sending unsolicited mass emailings (i.e., to more than 50 users) which provoke complaints from the recipients. This will result in a charge to User in the amount of $200.00.
Engaging in of the above from a provider other than totalusa.net/pcu.net and using an account on totalusa.net/pcu.net as a mail drop for responses. This will result in a charge to User in the amount of $200.00.
Continued harassment of the other individuals on the Internet after being asked to stop by those individuals and by PC's Unlimited.
Impersonating another user or otherwise falsifying one’s user name in E-mail, Usenet postings, or IRC, or with any other Internet or BBS service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)

ILLEGAL ACTIVITIES
customers agree to use the Service only for lawful purposes. Use of the Service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation (including, where applicable any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful.

OTHER PROHIBITED ACTIVITIES
Attempting to intercept, redirect, or otherwise interfere with communications intended for others.
Intentionally transmitting files containing a computer virus or corrupted data.
Any other inappropriate activity or abuse of the Service (as determined by us in our sole discretion), whether or not specifically listed in these Policies, may result in suspension or termination of the customer's access to and use of the Service.
Any violations will be considered a breach of this agreement and will result in the immediate cancellation of all services without warning. Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by PC's Unlimited

AVAILABILITY OF THE SERVICES
PC's Unlimited may change its POP numbers at any time. PC's Unlimited reserves the right to direct Customers to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords and email addresses are PC's Unlimited's property and PC's Unlimited may alter or replace them at any time.
PC’s Unlimited may disrupt service temporarily in order to improve, upgrade, repair, or maintain equipment related to the service.
PC’s Unlimited is not responsible for service disruptions by it’s supplier or other sources beyond PC’s Unlimited’s control

MONITORING THE SERVICES
PC's Unlimited has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if PC's Unlimited, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Customers.
PC's Unlimited may immediately remove your material or information from totalusa.net/pcu.net servers, in whole or in part, which PC's Unlimited, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy.

DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY
PC's Unlimited does not control any materials, information, products, or services on the internet EXCEPT those specifically identified by PC's Unlimited.
The internet contains unedited materials, some of which are sexually explicit or may be offensive to you. PC's Unlimited has no control over and accepts no responsibility for such materials.
You assume full responsibility and risk for use of the services and the internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the service or the internet.
Customer asumes full responsibility for backing up all data such as web sites, email and any other customer data that may be stored on PC's Unlimited's servers. PC's Unlimited is not responsible for loss of any such data.
The services are provided on an "as is" and "as available" basis. PC's Unlimited does not warrant that the services will be uninterrupted, error-free, or free of viruses or other harmful components.
PC's Unlimited makes no express warranties and waives all implied warranties including, but not limited to, warranties of title, noninfringement, merchantability, and fitness for a particular purpose regarding any merchandise, information or service provided through PC's Unlimited or the Internet generally.
No advice or information given by PC's Unlimited or its representatives shall create a warranty. PC's Unlimited and its employees are not liable for any costs or damages arising directly or indirectly from your use of the services or the internet including any indirect, incidental, exemplary, multiple, special, punitive, or consequential damages. In any event, PC's Unlimited's cumulative liability to any Customer for any and all claims relating to the use of the services shall not exceed the total amount of service fees paid during a one month period.

INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold PC's Unlimited harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against PC's Unlimited, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless PC's Unlimited against liabilities arising out of;
Any injury to person or property caused by any products sold or otherwise distributed in connection with PC's Unlimited's servers;
Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
Copyright infringement and
Any defective products sold to customer from PC's Unlimited's server.

COLLECTION/DISPUTE FEES
The customer will be responsible for all legal and collection fees including attorney’s fees and court costs in the event of any disputes or events where fees are incurred. Any dispute or legal action arising from this transaction will only be entertained within the jurisdiction of the Cache County, Utah Court System.

CHANGE OF POLICIES AND LIMITATION OF LIABILITY
These policies are subject to change at any time by PC's Unlimited acting in its sole discretion, and all such changes shall be binding upon implementation without notice to the customer.
In the event that PC's Unlimited determines that Customer has violated or will violate any of these policies, PC's Unlimited may take such action as PC's Unlimited solely determines to be appropriate under the circumstances as known to PC's Unlimited at the time such action was taken to eliminate or preclude such violation, and PC's Unlimited shall not be liable for any damages of any nature suffered by any Customer, Client, or third party resulting in whole or in part from its exercise of its rights under these policies.