Eastern Oregon Net, Inc.

Terms and Conditions

Revised December 11, 2007

1. Please Read This Agreement Carefully. By applying for and/or accepting service from Eastern Oregon Net, Inc. (hereafter referred to as EONI), the User consents to and accepts all terms and conditions in this Agreement. Users are defined as any person, entity or device using EONI services. EONI may modify this Agreement at any time and any modification becomes effective immediately by notice of posting on EONI's home page, by electronic mail, or by conventional mail. You may terminate your service as allowed in Section 9 if you cannot or will not accept any of these conditions. Use of EONI's services at any time shall be deemed as your acceptance of any and all such terms and conditions.

2. The EONI Acceptable Use Policy agreement is incorporated by reference to this document. The EONI Acceptable Use Policy is available on the Internet at http://home.eoni.com/legal/.

The EONI Privacy Policy agreement is incorporated by reference to this document. The EONI Privacy Policy is available on the Internet at http://home.eoni.com/legal/.

Additional applicable agreements may are available on the Internet at http://home.eoni.com/legal/. Such additional applicable agreements may contain additional terms associated with specific EONI Services.

3. EONI reserves the rights, at its sole discretion, to edit, review, or refuse to post or store any information or material in EONI's information storage and retrieval mechanisms. EONI reserves the absolute right to remove any contents that it deems in its sole discretion to be unacceptable or undesirable. This includes the rights to edit or refuse to host web pages or web sites that EONI finds and determines, at EONI's sole discretion, to be undesirable or objectionable. User agrees that the web hosting provided as part of EONI basic account services shall be for personal web space only, unless otherwise allowed in writing by EONI. Additionally, the web hosting space that EONI provides to accounts will not be used to provide any advertising in any manner for or on behalf of any other entity whatsoever other than the entity owning the account, unless arrangements and permissions have been specifically obtained in writing from EONI.

4. Technical Support. Limited no-fee technical support is offered to EONI Users whose accounts are in good standing. Such support is limited to issues of achieving access to the EONI network over the common telecommunications facilities, i.e., EONI dialup modem, EONI DSL, EONI wireless, EONI T1 or other EONI access services, and other similar connections; and the correct working of electronic mail and World Wide Web access. Actions caused by the User for failure of such services requiring technical support may be subject to additional charges. Technical support for other computer related applications or services are NOT included as no-fee support. EONI explicitly does not guarantee or warrant the results of any technical support provided by EONI, its agents or assigns. EONI has no authority over or ability to influence the services provided by any telecommunications carrier or provider involved in delivery of EONI services to User.

5. User agrees and accepts that the Internet is a conglomeration of computers, networks, and servers operated by distinct entities having no business or legal relationship to EONI. All information, materials, products, services and sites offered or made available or accessible on or by the Internet generally are offered or made accessible or available by third parties who are not affiliated or controlled in any way by EONI or its affiliates. By using services, software, or products provided by EONI, YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLE RISK and YOU EXPRESSLY AGREE THAT ANY INFORMATION, SERVICE, OR PRODUCT PROVIDED BY OR FOUND ON THE INTERNET IS WITHOUT WARRANTIES OF ANY KIND BY EONI AND ITS AFFILIATES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU UNDERSTAND THAT PORTIONS OF THE INTERNET CONTAIN MATERIALS THAT ARE UNEDITED AND SEXUALLY EXPLICIT, AND MAY BE OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. IF YOU HAVE ENTERED INTO THIS AGREEMENT ON BEHALF OF A MINOR THEN YOU ACCEPT CONTROL OVER AND RESPONSIBILITY FOR ANY EXPOSURE OF ANY INTERNET RELATED MATERIALS TO SUCH INDIVIDUAL(S) AND EXPRESSLY AGREE TO HOLD EONI HARMLESS FROM ANY SUCH EXPOSURE, EITHER INTENTIONAL OR ACCIDENTAL. EONI HAS NO RESPONSIBILITY OR CONTROL OVER SUCH MATERIALS. EONI WILL NOT BE HELD LIABLE IN ANY FORM FOR MATERIALS FOUND ON THE INTERNET BY ANY USER.

6. EONI's services and any software sold or distributed are provided on an "AS IS," "AS AVAILABLE" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement. No oral advice or written information given by EONI, its employees, agents, licensers or the like shall create a warranty. Under no circumstances, including negligence, shall EONI or anyone else involved in creating, producing or distributing the EONI services or related software be liable or responsible for any direct, indirect or incidental damages that result from the use of or inability to use the EONI services or software. This includes, but is not limited to: (1) reliance on any information obtained on EONI's services or that result from defects in such information; (2) delays in operation or transmission, or interruptions, resulting in inability of Customer to access or interact with any other service provider through the Internet, other networks or Users that comprise the Internet or the informational or computing resources available through the Internet; (3) deletion of files or email; mistakes; omissions; or damage due to viruses; (4) Service impairments caused by acts within the control of User, its employees, agents, subcontractors, suppliers or licensees; (5) interoperability of specific customer applications; (6) interaction with other service providers, networks, Users or informational or computing resources through the Internet; (7) services provided by other service providers; (8) performance impairments caused elsewhere on the Internet; (9) or any failure of performance, whether or not limited to acts of God, communications failure, destruction or theft or unauthorized access to EONI's programs, records or services. You acknowledge and accept that this paragraph applies to all content, products and services available through and supplied by EONI. User specifically agrees and accepts that EONI will have no liability whatsoever for any direct, indirect, special, incidental, consequential, punitive or any other damages whatsoever of any kind occurring as a result of use of EONI services or as a result of this Agreement. User shall be charged for all costs incurred by EONI, including reasonable attorney fees, for any claim, loss, or damage arising out of User's use or misuse of the Internet. User specifically agrees to defend, indemnify and hold harmless EONI, its officers, owners, employees, agents, or any other party materially participating in the operation of EONI services from any claim, loss, damage, including costs and reasonable attorney fees, arising out of any act or omission by User under this Agreement or by use of EONI services.

7. User certifies that he/she is not a minor, except as allowed forthwith. A minor (defined herein as any individual age 18 or younger) may use Services provided by EONI as long as the application and registration is entered into by a parent or legal guardian. Said parent or legal guardian EXPRESSLY ACCEPTS AND AGREES TO SUPERVISE USE OF EONI's SERVICES AND ACCEPT ALL RESPONSIBILITY FOR SUCH USE as per the contents of this User Agreement.

8. Accounts and Billing Information

1. This Agreement applies to all accounts held by any User. All Users are responsible for the use of their accounts by any person and for ensuring complete compliance with this Agreement by any User of those accounts. Accounts for services with EONI cannot be transferred, assigned or delegated without the prior written approval of EONI. This Agreement shall be binding upon the heirs and successors of the parties hereto, the assigns of EONI, and the permitted assigns of the User. Services are limited to the User and may not be resold in any manner.
2. Users are responsible for maintaining the confidentiality of their passwords. Users must report immediately to EONI if they believe that their password has been compromised for any reason. Maintaining the confidentiality and privacy of the User login and password by the account User is mandatory for acceptable use of the EONI services. In the event of a breach of security, the User will remain liable for any unauthorized use of EONI services and any costs or damages associated therewith. EONI has no obligation to the User for any such breach of security or effects thereof.
3. Once an account is terminated for any reason, EONI reserves the right to immediately delete all data, files or other information that was stored in your account or on any of EONI's facilities or services.
4. EONI reserves the right to change its fee structure and to institute new fees, and/or to change the services provided and the terms of those services, at any time and without notice.
5. Users agree and accept that they must notify EONI within 30 days of any change in the User's registration data which includes: their first name, last name, physical address, postal mailing address, city, state, zipcode, home telephone, work telephone, or their primary email address. The primary email address is used by EONI for sending billing notices, service announcements and other communications from EONI to User. EONI email account include “@eoni.com” in the email address. EONI has no control over non-EONI email accounts. EONI strongly recommends that User chooses an EONI email account for their primary email address.
6. The EONI accounting cycle begins on the first (1^st) day the account is activated. Accounts can be prorated to another billing date if so requested by the User.
7. If EONI does not receive the full amount of User's account balance within 10 days of the due date, User access to their account will be suspended. Additionally, a $10.00 fee will be imposed to reactivate suspended User accounts; this fee must be paid, along with any and all appropriate fees to renew the account, prior to account reactivation. If a check, debit charge or credit card charge is returned or refused for any reason, including but not limited to insufficient funds or an expired account, the User account will be suspended immediately. A service charge of $25.00 will be imposed and shall be due and payable prior to reactivation of the account; this $25.00 includes the $10.00 reactivation fee. All account fees must also be received prior to reactivating the account. EONI reserves the right to delay reactivating the account until the User's check or credit card has cleared payment by the appropriate banking authorities.
8. Users whose accounts are not paid to date, are late or in arrears, but whose accounts have not been suspended or terminated, are not entitled to technical support.
9. If an account is turned over to collection or if legal action is required by EONI to collect an unpaid User balance, EONI is entitled to collect and you agree to pay all reasonable collection fees and/or associated reasonable legal and attorney's fees.
10. Either User or EONI may terminate the account at any time. EONI may terminate any account, without cause or notification to the User or subscriber, at any time. EONI may terminate sessions at any time, without notice to the User, at EONI's sole discretion. User acknowledges that if they have requested a service with a term of service that any applicable termination terms and conditions for those services apply. At no time shall this paragraph of this agreement waive any responsibility for User to fulfill their responsibilities of termination for any EONI service applicable to the User.
11. The User's only right with respect to dissatisfaction with any of the terms and conditions of this Agreement, or with regards to the operations, policies, or practices of EONI, any changes in the content of EONI's services, or any change in the fee structure charged in connection with use of EONI's services, is to terminate User's account by delivering written notice to EONI, effective any business day (Monday through Friday, excluding legal holidays) EONI receives such written notification of termination or any specified future date which is acceptable to EONI. EONI may terminate immediately the account of any User who misuses his/her account or for any breach of this User Agreement. If EONI denies you access to EONI services due to breach of this Agreement, 1) you shall have no right to obtain any credits otherwise due you and such credits are forfeited, and 2) you shall have no access through EONI to any EONI, Internet or Internet-related products or services. If User or EONI terminates the account for other reasons than breach of this Agreement, a prorated refund for any unused credits remaining on the User's account will be paid to the User within 30 days from the date the account terminates. Once an account is terminated for any reason, EONI shall have no responsibility to notify any third party with which the User had any relationship, nor shall EONI have any responsibility for any damages that result from lack of such notification.
12. If an account is terminated and a refund is due to the User, then the refund will be calculated as follows: no refunds are due or payable for partial use of a month of service. Additionally, if an account has been prepaid so as to receive a discount from the otherwise cumulative monthly amount and the account is terminated, then the total amount owed is the total months of use, including the current month, times the non-discounted monthly rate. Any refund will be prorated as if the User owed the full monthly fee without discount for prepayment.

9. This Agreement constitutes the entire Agreement between the User and EONI with respect to services provided by EONI. EONI's failure to enforce any provision hereof shall not be construed as a waiver of any provision or right. In the event that any portion of this Agreement is held 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 remaining provisions shall remain in full force and effect.