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Advantagecom Networks, Inc. Service Contract
WallaWallainternet.com

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The following words used in context of the Service Contract are defined as follows:

• "Provider":   Advantagecom Networks, Inc.
• "Client":       The person or entity who is applying for services

The Provider agrees to provide, and Client agrees to receive, access to the services according to the following terms and conditions:

1. Client will use the services in a manner consistent with any and all applicable laws of the State of Washington, the U.S. Federal Government, and the laws of your locale.
   
2. Provider reserves the right, in its sole discretion, to deactivate the Client's account(s) upon an indication of credit problems including delinquent payments.
   
3. THE PROVIDER SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES.
   
4. Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use the services for any reason.
   
5. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE DEACTIVATED WITHOUT WARNING BY THE PROVIDER. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS.
   
6. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING SUCH AS, BUT NOT LIMITED TO, PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, AND ANY HARASSING AND OR HARMFUL MATERIALS OR USES, WHICH ARE CONSIDERED TO BE ABUSIVE AND UNETHICAL USES OF THE SERVICE(S). CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION OF MATERIALS OR YOUR USE OF THOSE MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE OF AN ACCOUNT(S) WHICH THE PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE SERVICE(S), OR DEEMED A VIOLATION OF THE TERMS OF SERVICE.
   
7. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.
   
8. Use of distribution lists via unsolicited electronic mail or other mass electronic mailings is strictly prohibited. The Provider reserves the right to deactivate the Client's account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's account(s).
   
9. Only the account holder or its legal assignee is authorized to make changes to the account.
   
10. In the event it is necessary to refer any dispute to an attorney or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees and all costs associated with any legal action, whether or not a suit shall actually be filed.
    
11. Provider maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
    
12. Provider reserves the right to disable any user account or site for anything deemed to be suspicious activities at the Provider's sole discretion.  This includes, but is not limited to, anything that gives indication of hacking, spoofing, cracking, phreaking, denial of service attacks, running rogue services on Client's account on Provider's systems, or anything that might attract or precede such activities.  Rogue services, as defined here, means any service that is not included as a feature on Provider's advertised list of account features at the time.  This includes, but is not limited to, IRC bots, IRC clients, IRC daemons, ICQ clients, ICQ servers, unauthorized proxies of any kind, or any other service running on a TCP/IP port that Provider did not give explicit written authorization for use.  Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from account deactivation or disablement as a result of suspicious activities.
    
13. Provider is not responsible for any long distance charges incurred by Client while using Provider's services.
    
14. Provider reserves the right to monitor any and all activity, traffic, or content that Client may produce, publish, or cause.  Provider also reserves the right to turn any logs, monitoring data, or Client material over to the proper authorities in the event legal or criminal action is to be taken by Provider or authorities.
    
15. Provider reserves the right to partially or wholly disable Client's account(s) upon indication of activities that noticeably affect the quality of service for other Clients. This includes, but is not limited to, excessive processor time usage, excessive RAM usage, excessive open file handles, or anything else that causes noticeable slowdown of services or causes system crashes. Client hereby agrees to hold Provider harmless from any claim resulting from such actions that Provider deems necessary, at its sole discretion, to restore a reasonable level of service.
    
16. Client hereby agrees that account termination resulting from any breach of these terms of service will result in the nullification of any right to a refund of any kind.  Furthermore, client acknowledges that they will be liable for any charges resulting from any server repairs required as a result of their violation of these terms of service. The rate will be $150 per hour plus the cost of any parts and shipping charges. Provider reserves the right to pursue in a court of law financial compensation for other damages resulting from the violation of these terms of service.
    
17. Provider reserves the right to change this contract by posting a publicly available copy at this location without specific notice to Client. Client hereby agrees to ratify any such changes and hold Provider harmless from any claim resulting from such changes. Client hereby acknowledges responsibility to inform itself of any changes to this contract whether informed by Provider of changes or not.
    
18. CHOICE OF LAW: This Agreement shall be construed and controlled by the laws of the State of Washington. Any dispute arising from this Agreement, including, without limitation, a breach of this Agreement, shall be governed by the laws of the State of Washington. You agree to submit to the jurisdiction of the courts located in Walla Walla, Washington.

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Advantagecom Networks, Inc.'s Billing Policies - Read Carefully
(Incorporated into the Terms of Service Contract)

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1) What are the costs and when do they start?
The periodic charge varies for each type of account. Setup of your account begins upon receipt of the first Internet access period's service fee. Orders received between 9:00 am and 5:00 pm Pacific time are setup within 30 minutes if payment is approved. Orders received on nonbusiness days or holidays are setup the following business day. Your billing cycle will be based on the date we complete the setup of your account.  All of your future Internet access fees will be based on that date.

Prices are subject to change without notice, but are guaranteed through your paid billing period.

2) How can I pay for my account?
We require auto credit card payments for the following dial-up accounts: $12.95, $16.95, and $19.95.

Auto credit card payments are not required for the $24.95 account.

Accounts are paid by Mastercard, Visa, Discover/Novus, American Express, and Diners Club/Carte Blanche. We accept Money Orders or Checks drawn on US Funds for accounts that aren’t required to be on autopay. All invoices are emailed monthly, quarterly, semi-annually or annually (per your choice) at the beginning of the payment period. Invoices are sent via email the 1st of each month. Payments are due in our offices no later than their due date regardless of when the invoice is sent to you. When using Debit Cards, Advantagecom Networks, Inc. will not be responsible for any service charges incurred by your bank for billing errors made by us. Typical Credit Card charges can be easily reversed without any fees incurred by you the customer. In the case of using a debit card, billing errors can lead to bank service fees for overdrawn accounts, etc. Advantagecom Networks, Inc. cannot assume this risk when you choose to use this form of payment as the normal system available to make returns or correct billing errors is not available with debit cards, without potentially overdrawing your account.

3) How can I upgrade/downgrade my account?
It's as simple as filling out our online upgrade/downgrade form (http://www.wallawallainternet.com/resources.shtml). If the account you are changing to has a setup fee, we will cut the setup fee in half if you are an established customer.

4) If I cancel my account do I get a refund and what is the cancellation procedure?
We require cancellations in writing via one of the following methods:
1. our online cancellation form
2. an email sent to cancel@schmolie.com
3. at our office located at 255 A Street, Walla Walla
4. by mail sent to 255 A Street, Walla Walla

Please include the following information, or fill out the online cancellation form at http://www.schmolie.com/forms/wwicancel.shtml
A. The name on the account with us (i.e. John Doe).
B. The username associated with your account
C. Email address assigned to you
D. Your reason for cancelling.

Cancellations are processed the same day we receive them. If cancelling an account that was discounted for prepayment, the account billing will be prorated at the then current regular monthly price for that account, regardless of any discounts. Please note that setup fees are nonrefundable. If you would like to submit the cancellation request early to take effect at a later date (for example, to take effect at the end of your paid term), please note this in your cancellation request. Otherwise all cancellation requests will be processed the same day we receive them.

5) What will happen if my payment is late for any invoice? (IMPORTANT)
Payment for all regular monthly invoices are due in our offices on the date shown on your bill. If payments are not received in our offices by the due date, a $25 late fee will AUTOMATICALLY be assessed to your account. If payments are not received in our offices within 15 days of their due date your account, we reserve the right to deactivate your account. If you choose not to reactivate your account you are still responsible for the days of service you received and any outstanding balance on account including the late fees. Not paying your bill will not constitute a cancellation and you will be liable for any service fees incurred.  For information on how to cancel, please see item #4 directly above. Accounts not paid in full at the time of cancellation will be sent to collections.

If you have a $12.95, $16.95, or $19.95 dial-up account and your (required) auto credit card payment is declined, your account will be immediately suspended until payment is made in full including any late charges.

There is a $50.00  fee for all checks and echecks returned for nonsufficient funds (NSF).

If the customer defaults, the customer agrees to pay Advantagecom Networks, Inc. its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms of Service.

If the customer does a chargeback to their credit or debit card for any amount charged for services or accounts rendered, there is a $25.00 chargeback fee for each chargeback. The account associated with the chargeback will be cancelled for nonpayment and sent to collections.

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Privacy and Information Security Policy  

• We request and use information provided by the customer on order forms to process the initial order and subsequent billings for services we provide.

• Your information will not be sold, rented, leased, or given to third parties except in the event that a specific service, product line, or the company as a whole is bought by a third party.  You will be given notification of any such actions.

• From time to time, you may receive communication from us regarding important notices, specials we're running, or to request your feedback.

• During transmission, any payment data is transmitted in encrypted form and passed through controlled systems to our billing system.

• Your information is stored on non-public computers and is protected through firewalling and controlled employee access to systems that contain your information.

• We reserve the right to amend this policy as needed.

• For any questions or comments regarding this policy, please email billing@advantagecom.net or call 509-522-3696.

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