Terms of Agreement

MANYONE NETWORKS™ INTERNET TERMS OF SERVICES
YOU MUST READ AND AGREE TO THESE TERMS OF SERVICE TO USE MANYONE™ INTERNET SERVICES

Membership Agreement
The following Terms of Services (hereafter, “TOS”) are between you (“you,” “You,” or “your”) and ManyOne Networks Inc., (hereafter, “ManyOne”) the company providing you Internet services (hereafter, “Services”). By establishing an Account, using Services, using ManyOne provided software, using the equipment or indicating agreement through the software or website, you agree to be bound by these TOS, including future revisions and to use the Services in compliance with the current ManyOne Acceptable Use Policy.

All Members must accept these TOS as a condition of membership to the Services. “You” means the Account holder and each additional Account holders under a Subscription. A “Subscription” includes an Account and any additional Accounts subscribing to Services under the Account that initially registered and paid for Services (hereafter “Primary Account”). When you accept these TOS and complete the registration process for Services, you become a Subscription Account holder. You will be asked to choose a username and password for the Account. Each Subscription may create up to seven additional Accounts (or “non-Primary Account”), each with their own username and password. All Subscription Accounts will be required to accept these TOS and meet the registration. Primary Account holders are responsible for all activity on the Subscription and on any of the Accounts. Violations of these TOS in any Subscription Account can result in termination of the Subscription and all Accounts.
Legal Authority
If you are an individual, you must be an adult of at least 18 years of age to register for Services, as a Primary Account holder, and by accepting these TOS as a Primary Account holder you confirm you are an adult of at least 18 years of age.
Term
You agree to the specified term set forth in the promotional offer under which you purchased Services. In the absence of a specified term, the term for Services will be month-to-month. If your Services have a specific initial term (like twelve (12) months) these TOS will continue on a month-to-month basis after the initial term is over. ManyOne reserves the right to change prices of Services upon 30-days notice. ManyOne also reserves the right to change features of Services at any time. Current prices and features of Services may be obtained by visiting the ManyOne website at www.manyone.net or by calling (800) 970-8621.
Services
Depending on the type of Services that you sign up for, Services may include Internet access, software, email, and other features. From time to time ManyOne may impose reasonable rules and regulations regarding the use of Services.

Speed of Internet Services can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of ManyOne. ManyOne provides Services on a “best effort” standard and does not guarantee upload or download speeds. Some line stabilization may be necessary for Services. Line stabilization could include the lowering of provisioned line speed. Should the lowering of line speed occur, ManyOne will NOT be able to increase the line speed once the connection is stabilized.

You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or any other charges, including simultaneous login charges. ManyOne is not responsible for any long-distance, toll, or other charges you incur. Toll-free (800, 888, 877, 866, etc.), international, and simultaneous login access costs will be extra. Current prices are listed on the ManyOne website at http://www.manyone.net.

ManyOne may change its dial-up access numbers at any time. ManyOne reserves the right to direct you to use certain numbers to access Services, or to restrict use of specific access numbers.

ManyOne does not allow two or more concurrent logins or connections to the Internet, and reserves the right to prohibit or disconnect any simultaneous connections.

You agree not to provide any public information services over a dial-up connection. Furthermore, using a dial-up connection for high volume or commercial use (such as advertisement, revenue generation, etc.) is prohibited. Email accounts exceeding allotted email space may, depending on the Services and at ManyOne’s discretion, be suspended, transferred to temporary storage, or may be deleted. ManyOne may delete the temporary file from our server 60 days after notifying you.

You agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using a dial-up connection.
Software and Updates
“Software” includes the ManyOne Application Suite and content, including content within the Digital Universe. The ManyOne Software will ask you to perform Software updates (hereafter, “Updates”). Updates may consist of changes and updates to the Software or third-party Software or content (hereafter, “Third-party Software”); or updates to the Services. When you consent to Updates, the ManyOne Software may need to download the Updates to your computer from time to time. By agreeing to these TOS and consenting to Updates, you agree to allow ManyOne to download Updates to your computer. In some cases, Updates may take several minutes to perform.

Certain Updates are required for the Software to function properly and securely. If you choose not to install Updates, particularely those that include security fixes, we cannot be liable for any issues relating to security with the Software. Additionally, when you choose not perform Updates, the Software may eventually not perform properly and we cannot provide you with technical assistance.
Member Conduct
You agree that you will NOT use the Services to:

(a) impersonate any person or entity, including but not limited to an ManyOne, Earth Portal, or associated Partner employee or official; Forums leader or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(b) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;

(c) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, abusive, harassing, threatening, tortuous, defamatory, libelous, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(d) “stalk” or otherwise harass another;

(e) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(f) upload, post, email, transmit or otherwise make available any content that infringes any patent, copyright, trademark, trade secret, or other proprietary rights of any party;

(g) upload, email, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “Junk Mail,” bulk e-mail (“Spam”), “Pyramid Schemes,” or any other form of solicitation;

(h) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(i) interfere with or disrupt Services or servers or networks connected to Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

(j) harm minors in any way;

(k) collect or store personal data about other users; or

(l) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.

You understand and agree that any attempt to break security or to access an account that does not belong to you will be considered a material breach of these TOS, and such breach may result in suspension or termination of Services and possibly referral to law enforcement authorities. Unauthorized access to Services, restricted portions of the Services, or the telecommunications or computer facilities used to deliver Services is a breach of these TOS, whether or not such activities are a violation of law. Furthermore, you will take sufficient security measures to prohibit others from unauthorized access or use of Services, and you must take prompt corrective measures upon notice of breaches or potential breaches of security.

Violations of ManyOne’s Acceptable Use Policy (“AUP”) may also be considered a material breach of these TOS, and may also result in suspension or termination of Services.
Additional Terms
When using the Services, you will be subject to posted guidelines or additional terms applicable to the Services. In addition, certain Services offered by ManyOne may be governed by additional agreements. Guidelines, additional terms, or additional agreements, as applicable, will be provided to you when you use, sign up for, or register for those particular Services.
Changes to Services
ManyOne reserve the right to discontinue or modify, temporarily or permanently, at any time and from time to time, Services (or any function or feature of the Services or any part thereof) with or without notice. You agree that neither ManyOne nor its Partners nor affiliates will be liable to you or to any third party for any such modification, suspension or discontinuance of Services nor for any loss suffered by you as a result thereof.
Your Consent to Electronic Delivery Policy
By registering for Services and creating an Account, you consent to electronically receive all communications, including agreements, notices, legally mandatory disclosures, or other information in connection with any ManyOne Services (collectively as “Notifications”) from ManyOne. You agree that ManyOne can send you electronic notifications by email to an email address you specify for Notifications or by posting the Notifications on a main or relevant landing page. You agree to check your elected email address In-Box regularly for ManyOne Notifications.
Account Requirements
In order to order and receive Services, you must be at least 18 years old and may have to provide a valid credit card or other forms of payment. Your computer may have to meet certain minimum requirements, which may be found on the ManyOne website at http://help.manyone.net.

Users of non-Primary Accounts must be 18 years of age or under the legal guardianship of the Primary Account holder, who creates and manages the non-Primary Account. The Primary Account holder who creates a non-Primary Account to be used by a minor must be the parent or legal guardian of that minor.
Payment
You will be charged a monthly fee and applicable taxes and other fees for Services. ManyOne may offer, from time to time, certain promotions with different terms, activation fees, and monthly charges. You must provide accurate billing information including legal name, address, telephone number, and credit card/billing information, and report all changes to this information immediately.

You are responsible for all charges incurred under your Account, including those made by non-Primary Account holders or anyone else you allow to use your Account. Questions regarding charges to an Account should be directed to ManyOne Networks, Customer Services, at (800) 970-8621. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.

Services are charged monthly, 30 days in advance of Services, on our about the monthly anniversary date your Services began. ManyOne may make changes to monthly fees for Services or billing date at any time, by providing you with 30 days notice. Charges are billed to your credit or debit card, as applicable for the Services, plus any additional usage, services, taxes and fees, and 30 days in advance. Each time you use ManyOne Services, you re-affirm that ManyOne is authorized to charge your credit card or debit card, and that ManyOne may submit any charges incurred under your Account for payment. ManyOne is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by ManyOne. You agree to maintain valid and current credit card information on file with ManyOne at all times.
No Resale of Services
Services are provided for your use only (and as may be otherwise specifically stated) and you agree not to reproduce, duplicate, copy, sell, transfer, resell or exploit for any commercial purposes your Services membership, use of the Services, any portion of the Services, or access to the Services. All aspects of Services, except that portion provided by third party providers, is copyrighted and property of ManyOne, as applicable.
Termination of Services
To cancel any Services, you must do the following:

Phone Cancellation: (800) 970-8621.
Mail Cancellation: Send registered or certified mail, return receipt requested to:
“ManyOne Networks, Inc., Cancel [list type of Services],
100 Enterprise Way, Suite G370, Scotts Valley, CA 95066.”
Please put the type of Services you have in the address.

ManyOne may terminate these TOS, your password, your Account and non-Primary Accounts, or your use of Services for any reason, including, without limitation: (a) if ManyOne, in its sole discretion, believes you have violated these TOS, violated the ManyOne Acceptable Use Policy; (b) if you fail to pay any charges when due; or (c) if your Account has been inactive for more than 180 days. Termination notices will be by email or U.S. Mail to the address you provided for Services.
Your Account, Password, and Security
Upon registration, you will receive a username, password, and other Account information. You and members of your household are the only authorized users of your ManyOne Account and must comply with these TOS. You must keep your password confidential so that no one else may access Services through your account. You must notify ManyOne immediately upon discovering any unauthorized use of your Account.

You will be allocated a Dynamic IP address. ManyOne reserves the right to timeout inactive connections. ManyOne technical support may be limited to ManyOne-provided services and software. Your email may be inactivated if you exceed storage limits. You may reduce the size or purchase additional space. Usage and Web space exceeding the allotted amount of bandwidth may be billed for excess traffic. Email, Web space, and bandwidth limits are posted on the ManyOne Website at http://help.manyone.net. These limits may also be obtained by calling (800) 970-8621. ManyOne reserves the right to change limits at any time upon 30 days prior notice.
Monitoring Services
ManyOne has no obligation to monitor the Services, but may do so and may disclose information regarding use of the Services, as described in our Privacy Policy. Please refer to our Privacy Policy at http://www.manyone.net/privacy for additional information.
Home Networking Technical Support Policy
Due to the wide range of hardware and software configurations and compatibility, it may not be possible for ManyOne to provide technical support for your current set of products. In certain circumstances, it may be necessary to refer you to the manufacturer of your hardware or software vendor for technical support of their products. ManyOne will use its best effort to provide support for the home networking configurations listed on the ManyOne Networks online support pages at: http://help.manyone.net.
Software License
ManyOne’s Software is licensed under the Mozilla Public License (MPL). A copy of this license can be found at http://www.mozilla.org/MPL/MPL-1.1.html. ManyOne also grants you a limited, nonexclusive, nontransferable and non-assignable license to install and use Third-party Software that ManyOne distributes, in order to provide access to and utilize Services. You agree to abide by the Terms of the Third-party Software licenses. ManyOne may modify the Third-party Software at any time, for any reason, and without providing notice of such modification to you. All Third-party Software license agreements can be found on the ManyOne website at http://www.manyone.net/licenses and are hereby incorporated and made a part of these TOS by reference.

The ManyOne Software and Third-party Software constitute confidential and proprietary information of ManyOne and Third-party Software licensors, and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the ManyOne Software and Third-party Software, including associated intellectual property rights, are and shall remain with ManyOne Software and Third-party Software licensors.
Disclaimers and Warranties
CERTAIN EQUIPMENT MAY BE SUBJECT TO THIRD PARTY WARRANTIES, WHICH MAY BE PASSED THROUGH MANYONE TO YOU AT NO ADDITIONAL CHARGE. MANYONE WILL COMPLY WITH ALL REASONABLE REQUIREMENTS NECESSARY TO AFFECT THE PASS-THROUGH OF THE WARRANTY TO YOU. AT ITS SOLE OPTION WITHIN THE INITIAL TERM, MANYONE OR ITS AGENT MAY REPLACE A DEFECTIVE HARDWARE ON BEHALF OF THE MANUFACTURER, PROVIDED YOU FOLLOW ALL APPLICABLE PROCEDURES AND OBTAIN A RETURN MATERIALS AUTHORIZATION (RMA) NUMBER. THIS WARRANTY DOES NOT COVER DEFECTS RESULTING FROM ACTS OUTSIDE OF MANYONE’S CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR OR MODIFICATION BY ANYONE OTHER THAN MANYONE OR ITS CONTRACTOR. MANYONE RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME. MANYONE WILL NOT BE RESPONSIBLE FOR ANY EQUIPMENT DAMAGED BY ANY NATURALLY OCCURRING EVENT SUCH AS LIGHTNING, FLOOD, OR EARTHQUAKE OR OTHER EVENTS OUT OF MANYONE'S CONTROL SUCH AS FIRE, POWER SURGES, OR THE ACTS OF OTHERS.

SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MANYONE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. MANYONE 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 SERVICES PROVIDED THROUGH MANYONE OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY MANYONE OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. MANYONE AND IT 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, MANYONE’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICES FEES PAID DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM.

MANYONE SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICES ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES; THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT 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; THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICES OR THE INTERNET.

THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF MANYONE, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST MANYONE IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THESE TERMS OF AGREEMENT ARE AS EXPRESSLY SET OUT IN THESE TERMS OF AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
Jurisdiction
California residents are entitled to the following information:

The Services is provided by ManyOne 100 Enterprise Way, Suite G370, Scotts Valley, CA 95066. Phone: (800) 970-8621.

Charges vary depending of the type of Services. Current pricing may be obtained from the ManyOne Networks website: www.manyone.net. ManyOne reserves the right to change prices and institute new fees at any time upon 30 days prior notice.

Complaints and questions about the Services should be directed to ManyOne Customer Services at (800) 970-8621. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254.

Actions arising from these TOS may be brought in an appropriate California Small Claims Court.

These TOS are governed by California law without regard to conflict of law provisions. Any controversy or claim arising out of or relating to these TOS, or the breach thereof, shall be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration will be governed by California law and will be held in San Francisco, California. The arbitrator will be an expert in the field of Internet services. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There shall be no class action arbitration pursuant to these TOS.
Miscellaneous
These TOS, the Acceptable Use Policy, and ManyOne’s other Agreements and policies posted on ManyOne's website constitute the entire TOS between you and ManyOne with respect to your use of the Services. ManyOne may revise, amend, or modify the these TOS at any time and in any manner. Notice of any revision, amendment, or modification will be posted on ManyOne’s website (www.manyone.net) and/or on your start pages and/or by email and/or in our various publications and mailings to you. These TOS may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of ManyOne.

You may not assign your rights or delegate any of your duties under these TOS without the prior written consent of ManyOne, and any attempted assignment or delegation without such consent shall be void. If one or more provisions of these TOS shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. ManyOne will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of ManyOne as reflected in the original provision. Nothing in these TOS or in the understanding of the parties construes upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. ManyOne may subcontract any work, obligations or other performance required of ManyOne under these TOS without your consent.

You shall indemnify and hold ManyOne harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney’s fees and expenses that ManyOne may sustain or incur by reason of any breach or alleged breach of any term or condition of these TOS, the Acceptable Use Policy, and ManyOne’s other agreements and policies and for any act or omission of you or your clients which are in any way related to the ManyOne Services.
Trademarks
“ManyOne,” “ManyOne Networks,” and all related logos are each trademarks of ManyOne Networks, Inc. “Earth Portal” and all related logos are each a trademark of the Environmental Information Coalition. You agree not to display or use these trademarks in any manner without the rightful owner’s prior, written permission.