TERMS OF SERVICE

NORCAL INTERNET SERVICES TERMS OF SERVICE (TOS)

1. INTRODUCTION

   This agreement represents the complete agreement and understanding between NORCAL INTERNET SERVICES its affiliates and owners, and the account holder (hereinafter called "User") and supersedes any other written or oral agreement. NORCAL INTERNET SERVICES may modify these Terms of Service, amplify them, and/or modify the prices, as well as discontinue or change services offered.

   If you do not agree to these Terms of Service, please notify our Customer Service Department at 916-864-1111 during normal business hours so we can terminate your account. Failure to notify NORCAL INTERNET SERVICES shall constitute your approval.

2. AGE OF USER

   All individuals accessing NORCAL INTERNET SERVICES represent to NORCAL INTERNET SERVICES that they are 18 years of age or older. Certain material available on the Internet through NORCAL INTERNET SERVICES may not be suitable for individuals under the age of 18.

3. INTERNET CONTENT

   User understands further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your own risk. NORCAL INTERNET SERVICES has no control over and accepts no responsibility whatsoever for such materials.

4. GENERAL INTERNET PRIVACY

   Information transmitted through NORCAL INTERNET SERVICES and through the Internet in general is not confidential. Therefore, NORCAL INTERNET SERVICES cannot and will not guarantee privacy or guarantee 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 the Company. We will not disclose any information about any User unless required by court order, subpoena or other legal request, or upon the advice of counsel.

5. WARRANTIES

   NORCAL INTERNET SERVICES exercises no control whatsoever over the content of the information passing through it. Use of any information obtained via NORCAL INTERNET SERVICES is at your own risk. Neither NORCAL INTERNET SERVICES nor any of its licensors, employees, or agents warrants that the service will be uninterrupted or error free; nor does NORCAL INTERNET SERVICES or its licensors, employees, or agents make any warranty as to the results to be obtained from use of the service. The service is provided on an "AS IS" basis without warranties of any kind, either express or implied including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or use. Neither NORCAL INTERNET SERVICES nor anyone else involved in creating, producing, or delivering the service shall be liable for any indirect, incidental, special, or consequential damages arising out of the use of the service or inability to use the service or out of any breach of any warranty. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of NORCAL INTERNET SERVICES, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

   User agrees to indemnify and hold without harm NORCAL INTERNET SERVICES, its officers, employees, agents, directors, shareholders and other Users from any and all claims, damages, expenses (including attorney's fees) and liabilities resultant from any and all use of the User's account whether authorized or not authorized.

6. "UNLIMITED" DIAL-UP ACCOUNTS

   "Unlimited" Dial-up flat-rate accounts are not intended to provide a continuous dedicated link. Such use is prohibited. Users may not host a web, mail, chat, or any other type of server from a Dial-up flat-rate account, nor are users allowed to use any device such as a proxy server or software application to create a continuous connection to the Internet. If users choose to have their e-mail program check for mail periodically, it is the users responsibility that once the mail has been downloaded, that the connection is dropped. Dedicated accounts are available and allow for 24 hour per day and/or 7 day per week connectivity. Please visit our website or call our office for current pricing.

7. LONG DISTANCE OR TOLL CHARGES

   NORCAL INTERNET SERVICES will not be responsible for any telephone charges incurred by the customer, whatsoever, including long distance or toll charges the customer may incur. Customer is solely responsible for determining which dial-up numbers are within the customer's local calling area, and for using the proper dial-up numbers when accessing NORCAL INTERNET SERVICES.

8. PAYMENT TERMS

• The User is responsible for any and all fixed and accumulative charges for this account. The first month service fee (or other available billing methods selected) is due upon account setup. Every 30 days (or other billing period selected), the account will be charged the monthly access and any other fees for the new month plus any accumulated charges for the past month. Failure to use this account(s) does not relieve the user of payment obligations. Recurring payments will continue to be automatically debited until the user notifies NORCAL INTERNET SERVICES of their intent to cancel. Notification must be made in either writing, e-mail or by telephone.

• Credit Card customers agree to allow NORCAL INTERNET SERVICES to bill such card on each successive billing date without obtaining the user's permission after the initial charge. Credit Card customers shall notify NORCAL INTERNET SERVICES of any changes in Credit Card Number or expiration date. NORCAL INTERNET SERVICES will not be responsible for any overdraft or other service fees related to the use of the credit card.  . If the card is not honored for any reason, NORCAL INTERNET SERVICES will attempt to charge the card twice in a three (3) day period. If the card is still not honored on the third day, the Users' account will be placed on hold for sixty (60) days pending payment. If no payment has been received within sixty (60) days of going on Hold, the account will be terminated and all user data will be deleted. Re-establishment of the account will be subject to re-connection fees.

• If payment is by check, payment due dates are indicated on your invoice. Billed monthly accounts (not credit card) are invoiced monthly, 20 days prior to the due date.  Billed annual accounts (not credit card) are invoiced yearly, 20 days prior to the due date. Dishonored checks are subject to a collection fee and your account may be suspended until the account is current.

• NORCAL INTERNET SERVICES has the right to terminate service for any unpaid or partial paid subscriptions. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance. Termination of service shall not relieve the user from the obligation to satisfy outstanding invoices. In the event NORCAL INTERNET SERVICES utilizes an attorney to collect such sums, the user shall be responsible for the payment of all of NORCAL INTERNET SERVICES attorneys' fees and costs in pursuing the collection of these sums. Venue for any litigation concerning the user's relationship with NORCAL INTERNET SERVICES shall be in Sacramento County, in the State of California.

• NORCAL INTERNET SERVICES reserves the right to cancel service for any reason without prior notice.

• For Dial-up accounts, the User must notify NORCAL INTERNET SERVICES in writing to cancel service. Cancellations will be effective on the expiration date of the User's account. If at any time during the month the User calls to cancel the account it will be canceled that day. Fees for any setup and the first month's service are not refundable; unless the User is unsuccessful in using the account and notifies NORCAL INTERNET SERVICES within ten days of establishing said service. Dial-Up accounts paid in advance will be canceled on the account expiration date.  In the event of cancellation, the dial-up user  will be issued a full refund, minus setup fees, for prepaid annual accounts, if offered by NORCAL INTERNET SERVICES, that are canceled within the first thirty days of the establish/renewal date.  Accounts beyond this initial grace period are not eligible for refund.

• For DSL or other Broadband accounts, User understands that establishing DSL/Broadband service may constitute a binding contract for an minimum of 12 months from the establish date.  Early cancellation will result in an early termination fee of one hundred dollars plus 100% of the remaining balance. It is User's responsibility to verify any contractual obligations at the time of sign-up.

• From time to time, NORCAL INTERNET SERVICES may offer discounts on services or for prepayment of services on an annual or semi-annual basis. Discount programs are not retroactive. All discount programs are subject to change.

• In addition to any price for services, User shall be responsible for the gross amount of any present or future federal, state, municipal or other government sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any services furnished here under or to their use by User.

15. APPLICATION OF LAW

    The law that applies to these Terms of Service is the law of the State of California. In the event that any portion of these Terms of Service 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, and all provisions of these Terms of Service which operate to protect the rights of NORCAL INTERNET SERVICES shall continue in force even in the event of termination of these Terms of Service on other grounds. NORCAL INTERNET SERVICES' failure to insist upon or enforce strict performance of these Terms of Service 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 these Terms of Service.

Failure to comply with these Terms of Service will result in loss of Internet access and loss of all data stored on NORCAL INTERNET SERVICES' resources.