INTERNET SERVICES AGREEMENT

Read this Internet service agreement carefully before using our Internet service

1) INTRODUCTION - Batavia Computer Center ("ISP") provides its Internet services, as they may exist from time to time ("Service"), to users (MEMBERS) who pay membership fees or periodic access fees. By establishing an account or using the Service, you agree to be bound by this Agreement and to use the Service in compliance with this Agreement, our Acceptable Usage Policy and other policies. If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Member, you must terminate your use of the Services.

2)

USE - Use of Service is construed to be the elapsed time during which a Member is allowed access to the Service and is not altered or affected by the amount of time which the Member actually actively access the service. Members shall be entitled to access to service for the length of time for which current payment levels allow (Paid Services). Such paid services may be adjusted to reflect payment of other charges as described later in this agreement.

3) MEMBERSHIP/SUBSCRIPTION REQUIREMENTS

a. Member 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. ISP is not responsible for any long-distance, toll or other telecommunications charges you incur. Toll-free (800 #), international, and simultaneous login access, when and if available, will incur additional costs. Current prices for ISP's Services are posted on our website at http://www.bataviacomputer.com. These rates may also be obtained by calling (585) 345-4110. ISP reserves the right to change prices and institute new fees at any time upon 30 days prior notice.

b. Membership may not be divided, assigned, or prorated. In the event of cancellation by Member there will be no refunds of unused portion of service. However, continued use of Paid Service constitutes continued acceptance of this agreement, our Acceptable Use Policy, and other policies, including any future revisions.

4) PAYMENT OBLIGATIONS OF A MEMBER - All Member must:

a) Members must provide ISP with accurate and complete information including legal name, address, telephone number, and, if desired, credit card/billing information.

b) Members must report to ISP all changes to this information within thirty (30) days of the change. Members are responsible for any charges to their account.

c) Members having questions regarding charges to an account, should contact ISP (585) 343-4110. 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.

d) Services are billed by the month without respect to the length of any individual month. The renewal date is considered to be the corresponding date in any ensuing month that corresponds to the date upon which the account was opened or reactivated, except that any date falling on the 29th, 30th, or 31st day of any month shall be construed to be that date or the last day of any given month, whichever is earlier.

e) Invoices for charges shall be sent via Email to Member's email account. Member may continue uninterrupted use of the services by remitting payment before the expiration of the services for which the member has already paid.

f) Payment shall be considered valid upon receipt at ISP's facilities. On no account shall any payment be honored in advance of actual receipt by ISP.

g) In the event that services expire before payment for renewal is received, members access to the services will be automatically temporarily suspended. Services will be continued or resumed upon receipt of payment, and the new renewal date for the account shall be the latter of the date of receipt of payment or the day following expiration of Paid Service.

h) Members may opt to have charges billed to Visa, MasterCard, American Express, Discover, or Debit Card on a regular basis. In this case charges are billed to Members' credit cards or debit cards, as applicable, when applicable, for the basic service and any additional usage or services. ISP is not responsible for any charges or expenses (e.g for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by ISP. Such charges will be billed on or shortly following the renewal date for the account. Member must notify ISP in writing to desist in billing in this fashion. Any charges billed in such fashion prior to written notification are valid and non-refundable.

i) In the event that any payment instrument presented by Member is returned or refused as invalid due to insufficient funds, cancellation of account, or any other reason whatsoever, Member shall incur a fee of $25.00 for each such instance. In such an event, Paid Services will be reduced by the amount of such fees. If the resulting Paid Services become less than or equal to zero, Members access will be suspended until payment for outstanding balance and additional paid services is received.

5) MEMBER'S ACCOUNT, PASSWORD, AND SECURITY

a) Upon registration, Members receive a username and password. You and members of your household (or business, if you have purchased a business account) are the only authorized users of your account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify ISP immediately upon discovering any unauthorized use of your account. If you fail to notify ISP of unauthorized use of your account, you are solely responsible for the consequences and damages arising from such unauthorized use.

b) Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is strictly prohibited. Email accounts exceeding the Member's allotted email space may, at ISP's discretion, be erased or transferred to a compressed temporary file for storage. ISP may delete any and/or all data at any time without notice. Any Web site exceeding the amount of space allotted to such Member may be suspended until the Member reduces the disk space usage to the amount of space allotted or less or purchases additional megabytes. Any Web site exceeding the traffic limits for such Member will be billed for excess traffic. You may establish a commercial or high-volume account by calling (585) 345-4110.

c) Members agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it. Members agree not to provide any public information services over a dial-up connection.

d) ISP may change its POP numbers at any time. ISP reserves the right to direct Members to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords and email addresses are ISP's property and ISP may alter or replace them at any time.

6) MONITORING THE SERVICES - ISP has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if ISP, 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 Members. Please see our Privacy Policy. ISP may immediately remove your material or information from ISP's servers, in whole or in part, which ISP, in its sole and absolute discretion, determines to be objectionable or may infringe another's property rights or violate our Acceptable Use Policy.

7) DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY

a) EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY ISP, ISP DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. ISP 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.

b) THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. ISP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ISP 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 ISP OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY ISP OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. ISP 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, ISP'S CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL CURRENT AMOUNT OF PAID SERVICE, OR OF THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD, WHICHEVER IS LESS.

8) TERM OF AGREEMENT

a) 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 and, if you are a Member, to terminate your account.

9) TERMINATION

a) You may terminate your account at any time and for any reason by providing notice of intent to terminate to ISP by:

i) registered or certified mail, return receipt requested addressed to Batavia Computer Center, Accounts-Customer Service, 206 East Main St., Batavia, NY 14020; or

ii) telephone calls directed to (585) 345-2110. You will be given a cancellation confirmation number by the ISP representative. Telephone calls to this number do no qualify as a valid termination of services unless you are issued a cancellation confirmation number.

iii) Email termination of your basic Internet access account will not be accepted.

iv) To terminate Web Hosting and/or Business Services, you must call (800) 237-0148.

v) Your termination will only be complete upon your receipt of a cancellation confirmation number from ISP. Access to services will cease the day ISP provides you with a cancellation confirmation number. If your account included space on ISP's servers, anything stored on this space will be deleted upon termination.

b) Without prior notice, ISP may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if ISP, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due. ISP may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of mailing or deposit with a commercial courier service.

10) JURISDICTION - This Agreement is governed by New York State law without regard to conflict of law provisions.

11) MISCELLANEOUS

a) This Agreement, the Acceptable Usage Policy, and ISP's other user policies posted on ISP's Web site constitute the entire agreement between you and ISP with respect to your use of the Services.

b) ISP may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies and agreements, at any time and in any manner. Notice of any amendment or modification will be posted on ISP's Website (http://www.bataviacomputer.com) and/or by email and/or in various publications or mailings to Members.

Read this Internet service agreement carefully before using our Internet service
1)	INTRODUCTION - Batavia Computer Center ("ISP") provides its Internet services, as they may exist from time to time ("Service"), to users (MEMBERS) who pay membership fees or periodic access fees. By establishing an account or using the Service, you agree to be bound by this Agreement and to use the Service in compliance with this Agreement, our Acceptable Usage Policy and other policies. If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Member, you must terminate your use of the Services.
2)	USE - Use of Service is construed to be the elapsed time during which a Member is allowed access to the Service and is not altered or affected by the amount of time which the Member actually actively access the service. Members shall be entitled to access to service for the length of time for which current payment levels allow (Paid Services). Such paid services may be adjusted to reflect payment of other charges as described later in this agreement.
3)	MEMBERSHIP/SUBSCRIPTION REQUIREMENTS
	a. Member 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. ISP is not responsible for any long-distance, toll or other telecommunications charges you incur. Toll-free (800 #), international, and simultaneous login access, when and if available, will incur additional costs. Current prices for ISP's Services are posted on our website at http://www.bataviacomputer.com. These rates may also be obtained by calling (585) 345-4110. ISP reserves the right to change prices and institute new fees at any time upon 30 days prior notice.
	b. Membership may not be divided, assigned, or prorated. In the event of cancellation by Member there will be no refunds of unused portion of service. However, continued use of Paid Service constitutes continued acceptance of this agreement, our Acceptable Use Policy, and other policies, including any future revisions.
4)	PAYMENT OBLIGATIONS OF A MEMBER - All Member must:
	a) Members must provide ISP with accurate and complete information including legal name, address, telephone number, and, if desired, credit card/billing information.
	b) Members must report to ISP all changes to this information within thirty (30) days of the change. Members are responsible for any charges to their account.
	c) Members having questions regarding charges to an account, should contact ISP (585) 343-4110. 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.
	d) Services are billed by the month without respect to the length of any individual month. The renewal date is considered to be the corresponding date in any ensuing month that corresponds to the date upon which the account was opened or reactivated, except that any date falling on the 29th, 30th, or 31st day of any month shall be construed to be that date or the last day of any given month, whichever is earlier.
	e) Invoices for charges shall be sent via Email to Member's email account. Member may continue uninterrupted use of the services by remitting payment before the expiration of the services for which the member has already paid.
	f) Payment shall be considered valid upon receipt at ISP's facilities. On no account shall any payment be honored in advance of actual receipt by ISP.
	g) In the event that services expire before payment for renewal is received, members access to the services will be automatically temporarily suspended. Services will be continued or resumed upon receipt of payment, and the new renewal date for the account shall be the latter of the date of receipt of payment or the day following expiration of Paid Service.
	h) Members may opt to have charges billed to Visa, MasterCard, American Express, Discover, or Debit Card on a regular basis. In this case charges are billed to Members' credit cards or debit cards, as applicable, when applicable, for the basic service and any additional usage or services. ISP is not responsible for any charges or expenses (e.g for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by ISP. Such charges will be billed on or shortly following the renewal date for the account. Member must notify ISP in writing to desist in billing in this fashion. Any charges billed in such fashion prior to written notification are valid and non-refundable.
	i) In the event that any payment instrument presented by Member is returned or refused as invalid due to insufficient funds, cancellation of account, or any other reason whatsoever, Member shall incur a fee of $25.00 for each such instance. In such an event, Paid Services will be reduced by the amount of such fees. If the resulting Paid Services become less than or equal to zero, Members access will be suspended until payment for outstanding balance and additional paid services is received.
5)	MEMBER'S ACCOUNT, PASSWORD, AND SECURITY
	a) Upon registration, Members receive a username and password. You and members of your household (or business, if you have purchased a business account) are the only authorized users of your account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify ISP immediately upon discovering any unauthorized use of your account. If you fail to notify ISP of unauthorized use of your account, you are solely responsible for the consequences and damages arising from such unauthorized use.
	b) Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is strictly prohibited. Email accounts exceeding the Member's allotted email space may, at ISP's discretion, be erased or transferred to a compressed temporary file for storage. ISP may delete any and/or all data at any time without notice. Any Web site exceeding the amount of space allotted to such Member may be suspended until the Member reduces the disk space usage to the amount of space allotted or less or purchases additional megabytes. Any Web site exceeding the traffic limits for such Member will be billed for excess traffic. You may establish a commercial or high-volume account by calling (585) 345-4110.
	c) Members agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it. Members agree not to provide any public information services over a dial-up connection.
	d) ISP may change its POP numbers at any time. ISP reserves the right to direct Members to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords and email addresses are ISP's property and ISP may alter or replace them at any time.
6)	MONITORING THE SERVICES - ISP has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if ISP, 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 Members. Please see our Privacy Policy. ISP may immediately remove your material or information from ISP's servers, in whole or in part, which ISP, in its sole and absolute discretion, determines to be objectionable or may infringe another's property rights or violate our Acceptable Use Policy.
7)	DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY
	a) EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY ISP, ISP DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. ISP 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.
	b) THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. ISP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ISP 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 ISP OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY ISP OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. ISP 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, ISP'S CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL CURRENT AMOUNT OF PAID SERVICE, OR OF THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD, WHICHEVER IS LESS.
8)	TERM OF AGREEMENT
	a) 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 and, if you are a Member, to terminate your account.
9)	TERMINATION
	a) You may terminate your account at any time and for any reason by providing notice of intent to terminate to ISP by:
	i) registered or certified mail, return receipt requested addressed to Batavia Computer Center, Accounts-Customer Service, 206 East Main St., Batavia, NY 14020; or
	ii) telephone calls directed to (585) 345-2110. You will be given a cancellation confirmation number by the ISP representative. Telephone calls to this number do no qualify as a valid termination of services unless you are issued a cancellation confirmation number.
	iii) Email termination of your basic Internet access account will not be accepted.
	iv) To terminate Web Hosting and/or Business Services, you must call (800) 237-0148.
	v) Your termination will only be complete upon your receipt of a cancellation confirmation number from ISP. Access to services will cease the day ISP provides you with a cancellation confirmation number. If your account included space on ISP's servers, anything stored on this space will be deleted upon termination.
	b) Without prior notice, ISP may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if ISP, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due. ISP may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of mailing or deposit with a commercial courier service.
10)	JURISDICTION - This Agreement is governed by New York State law without regard to conflict of law provisions.
11)	MISCELLANEOUS
	a) This Agreement, the Acceptable Usage Policy, and ISP's other user policies posted on ISP's Web site constitute the entire agreement between you and ISP with respect to your use of the Services.
	b) ISP may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies and agreements, at any time and in any manner. Notice of any amendment or modification will be posted on ISP's Website (http://www.bataviacomputer.com) and/or by email and/or in various publications or mailings to Members.