1) Account Charges

If you have given us your credit card for payment, all charges that you incur with our service will be debited to the credit card number.

Should your credit card number expire or we're not able to debit this credit card number, we may immediately and without notice, withdraw your access to the our service. If you decide to cancel your internet account, you must do so in writing or by Email,  indicating that you wish to cancel your service, otherwise you will be billed accordingly and without refund. If you cancel your internet account but we had already debited your card for that month, there will be no credit issued and your account will stay active through the end of the billing cycle.

2) Description

Under this Agreement, we provide you dial-up/DSL access to the Internet . When you use our dial-up access/DSL, you may incur some dial-up/DSL access charges by your telephone company if outside our local calling area. CyberWire Inc. will not be responsible for these or any other charges from your local telephone provider.

3) Access to Internet Service Description

We provide only access to the Internet. We do not own or control all of the various facilities and communication lines through which access may be provided and we will not be responsible for user/access security.

4) General Terms, Each party agrees that:

• 1. All information exchanged by both parties is non confidential,
  2. Either party may cancel this agreement, with or without
     cause, by giving notice to the other, in such case the
     agreement will terminate at the end of the month in which
     notice is given,
  3. Any controversy or claim arising out of or relating to this
     agreement or any breach thereof may, at CyberWire Inc.'s election
     in writing, be settled in accordance with the arbitration rules of
     the consumer/business arbitration tribunal of the Better Business
     Bureau of Utah, Inc.
  4) Our Responsibilities, We will:
• a. Provide you with a logon user I.D. to enable access to our service,
  b. Send Email notice's to you,
  c. Give you a telephone number that enables you to connect to our service,
  d. Provide you by Email or written notice if we change or terminate this
     agreement, increase service charges, or change invoicing procedures.
     Such changes shall be effective immediately,                   

5) Your Responsibilities, You agree:

• 1. To review any agreement updates we provide. Your continued use of our service shall be construed as your acceptance of the updated agreement terms,
  2. To keep current all registration information, including your address, phone number and credit card information,
  3. That you are responsible for what you do on the internet,
  4. Not to introduce viruses, worms, harmful code and/or trojan horses on the internet,
  5. Not to use our service for any criminal or illegal activities, or post any information that might be legally actionable,
  6. Not to use our service for spamming or flaming to hack or otherwise obtain unauthorized access,
  7. Not to seek damages from CyberWire Inc. if you are harmed or offended by information, products or services which you access through our service.
  8. To obtain all required permissions if you use our service to receive, upload, download, display, distribute or execute programs or perform other works protected by intellectual property laws including copyright and patent laws,
  9. To comply with all applicable laws, regulations or conventions including those related to data privacy, international communications, and exportation of technical or personal data,
  10. To promptly notify us if you suspect unauthorized usage of our service or your login identification. Until notified, you remain responsible for unauthorized use. Liability for use of a credit, debit or charge card remains subject to your agreement with your card issuer.                  

6) Service Availability and Access

This Service is generally available seven days a week, except for maintenance. Service maintenance generally takes place from 5 a.m. until 10 a.m. Mountain time on Sundays. However, we may at anytime without notice or liability, restrict the use of our service or limit its time of availability in order to perform maintenance activities.

7) Disclaimer of Warranty and Limitation of Liability

WE WARRANT THAT, IF AN END USER IS DISSATISFIED WITH THE SERVICE OR ANY FEATURE PROVIDED IN OR THROUGH THE SERVICE, UPON NOTICE FROM THE END USER, WE WILL TERMINATE THE AGREEMENT. THE SERVICE, PROGRAM AND ANY OTHER PRODUCT WHICH WE PROVIDE TO YOU AS PART OF OUR SERVICE ARE PROVIDED "AS IS." EXCEPT AS SPECIFICALLY SET FORTH HEREIN, WE MAKE ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE RELATING TO OUR PROGRAM, SERVICE, AND/OR RELATED PRODUCTS THAT WE PROVIDE OR THE SERVICE AND/OR PRODUCTS OF ANY OTHER SERVICE PROVIDER. DO NOT USE THE PROGRAM, SERVICE OR RELATED PRODUCTS IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSONS, PROPERTY, ENVIRONMENT OR BUSINESS MAY RESULT IF AN ERROR OCCURS. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE. WE DISCLAIM ANY WARRANTY OF TITLE OR ANY OTHER WARRANTIES FOR ANY THIRD PARTY'S OFFERING(S) OR PRODUCT(S). ALL SUCH WARRANTIES AND REPRESENTATIONS ARE HEREBY EXCLUDED. WITHOUT LIMITATION, NO WARRANTY IS GIVEN THAT THE PROGRAM, SERVICE OR PRODUCTS ARE ERROR FREE. WE DO NOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR INFORMATION. WE ARE NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER INTER EXCHANGE CARRIERS', LOCAL EXCHANGE CARRIERS', OR OTHER PROVIDERS FACILITIES. WE DISCLAIM ANY LIABILITY OR RESPONSIBILITY ARISING FROM ANY CLAIM THAT YOUR ACCESS OR USE OF THE PROGRAM, SERVICE, AND/OR RELATED PRODUCTS WE PROVIDE OR ANY OTHER SERVICE PROVIDER'S SERVICE OR PRODUCTS INFRINGES ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT ARE WE LIABLE FOR : A) DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST BUSINESS REVENUE, OR FAILURE TO REALIZE EXPECTED SAVINGS; OR, B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.

This Section applies to all claims by you irrespective of the cause of action underlying your claim, including, but not limited to: a) breach of contract, even if in the nature of a breach of condition or a fundamental term or a fundamental breach, or b) tort, including but not limited to negligence or misrepresentation. In no event is CyberWire Inc. liable for any damages arising from your failure to perform your responsibility in connection with this agreement, or arising from any cause beyond our control, including but not limited to delay in the performance of our obligations or misuse of your login I.D.  Any rights or limits stated herein are the maximum for which we are collectively responsible.

8) Your Additional Rights

You may have additional rights under certain laws (such as consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply, Our exclusions or limitations may not apply to you.

9) Handling of your information

We maintain security procedures for your data while it is stored on or transmitted over equipment and facilities we control. You are responsible for management of your data stored on or transmitted over our network. Such management includes, but is not limited to, backup and restoration of data, erasing data from disk space you control, and your selection and use of the security facilities and options that we provide as services. Apart from the services we provide, you are responsible to develop and maintain any security procedures that you deem appropriate, such as logon security and encryption of data, to protect your information. Solely for the purposes of network maintenance, we may need to view and work with portions of the data you transmit over our network such as address header information etc. You agree that we may use, copy, display, store, transmit, translate, rearrange or reformat, view and distribute your data domestically and internationally for such purposes. We agree not to reverse assemble, reverse compile, or to disclose to third parties the information you transmit over our network while using our service (unless required by law, court order, an authorized government entity, or as otherwise authorized by you). Either of us is free to use an idea, concept, know-how, or technique developed or provided by the other or developed jointly by both of us, subject to patents and copyrights held by the other party.

10) ACCEPTABLE USE (Spamming/Spoofing)

Use of these Services is subject to any existing regulations and any future changes in those regulations. By using these Services after the effective date of any change or amendment, you agree to that change or amendment.  We reserve the right to refuse the Service to anyone at any time for any reason.  You agree to comply with the rules and restrictions of any network or service you access via CyberWire, including but not limited to the Acceptable Use Policies for Usenet and electronic mail which expressly prohibit unsolicited advertising and abuse of network resources. Usenet service restrictions includes, but is not limited to, the posting of articles where group charters prohibit specific content (e.g., advertisements), and cross-posting identical or similar messages to more than five (5) Usenet groups.  Should CyberWire in its sole discretion deem that you or anyone using your account is in violation of Acceptable Use under this Agreement, your account will be terminated and you will be subject to maximum legal redress afforded to CyberWire under applicable state and federal laws. CyberWire will exercise action against you for liquidated damages of at least five-hundred dollars ($500) for each electronic message initiated or delivered in violation of Acceptable Use in which you fully recognize "telephone facsimile machine" to mean any computing device capable of transmitting or receiving information in electronic format, such as a computer and modem. Further, in addition to any other action available under law, CyberWire will pursue civil action against you to recover the actual monetary loss suffered by CyberWire, or liquidated damages of fifty dollars ($50) for each electronic mail message initiated or delivered in violation under this heading, up to a maximum of twenty-five thousand dollars ($25,000) per day, whichever amount is greater.

11) Email Filtering

CyberWire Inc. maintains a zero-policy against unsolicited Email being sent to our Email servers  by either random or sequentially sending Emails. We take all steps necessary to block and discard these E-mails including blocking entire Email servers from being able to send mail to our servers. If a blocked server is trying to send legitimate mail you may contact us and at our discretion will determine if we will allow future Email from that server. We also take great steps to protect you from pornographic Email, this may block legitimate E-mails from time to time.

12) Unlimited Service

Cyberwire offers it's dailup modem customers unlimited usage which means you can use the service as often as you like but DOES NOT mean dedicated service or leaving the connection live for more than 9 hours per 24 hour period. You may signup for our dedicated service for $90.00 per month. We may terminate the account with or without notice to repeated offenders, at which time we will refund the remaining balance of their account as long as the remaining time is over one month.