CUSTOMER AGREEMENT AND USAGE POLICY
                                        
BY USING THE INTERNET ACCESS OFFERED BY TAYLOR ELECTRIC COOPERATIVE d.b.a. TAYLOR ELECTRINET (heretofore referred to as TAYLOR ELECTRINET) OR OPENING THIS PACKAGE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, DO NOT USE INTERNET ACCESS OFFERED BY TAYLOR ELECTRINET OR RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A REFUND.

THE SOFTWARE AND DOCUMENTATION ARE PROVIDED FOR USE ONLY (I) WITH THE INTERNET ACCESS SERVICE INITIALLY OFFERED BY TAYLOR ELECTRINET IN CONJUNCTION WITH THE DISTRIBUTION OF THE SOFTWARE AND DOCUMENTATION AND (II) IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. NO RIGHT OR LICENSE IS GRANTED TO USE THE SOFTWARE OR DOCUMENTATION WITH ANY OTHER INTERNET ACCESS.

GRANT

TAYLOR ELECTRINET hereby grants non-exclusive, non-transferable, limited license to access the Internet through TAYLOR ELECTRINET's network and a non-exclusive license to use its accompanying software product and accompanying documentation on the following terms:

You may: use the Software only with the Internet service initially offered by TAYLOR ELECTRINET in conjunction with the distribution of the Software and Documentation of TAYLOR ELECTRINET's Internet Services, with which it is bundled; use the Software on any single computer; use the Software on a second computer so long as the first and second computers are not used simultaneously; or copy the Software for archival purposes, provided any copy contains all the original Software's proprietary notices.

You may not: use the Software or Documentation in conjunction with any Internet access or other network service, other than TAYLOR ELECTRINET’s Internet Services; permit individuals outside your household to use the Software except under the terms above; modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software or Documentation; copy the Software or Documentation (except for back-up purposes); rent, lease, transfer or otherwise transfer rights to the Software or Documentation; or remove any proprietary notices or labels on the Software or Documentation.

TITLE

Title, ownership rights and intellectual property rights in and to the Software and Documentation will remain with TAYLOR ELECTRINET and/or its suppliers. The copyright laws of the United States and international copyright treaties protect the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software or through TAYLOR ELECTRINET’s Internet Services are the property of the applicable content owner and may be protected by applicable copyright or other law. This license gives you no rights to such content. You retain any rights you may have in data posted by you to the Internet.

NO ASSIGNMENT

The benefits or rights conferred by this agreement are non-transferable and non-assignable. The connectivity provided is expressly limited to you. Resale or use of this connection by another person or persons is prohibited.

DEFINITION OF SERVICES

Single Dial-up Internet Services provide Internet access to one user on one computer for a single dial-up session. Single Dial-up Internet Services include Residential Service, Educational Dial-up Service, Business Single Dial-up Service, and other single dial-up services that may be provided from time to time. Multiple User Internet Services provide Internet access to one or more users on one or more computers for single or multiple simultaneous sessions. Business Service is a Multiple User Internet Service that provides Internet access through a single dial-up session. Business Direct Services are Multiple User Internet Services that provide Internet access through a direct connection.

CHARGES AND BILLING

A valid credit card may be required to open an account for Single Dial-up Internet Services. You agree to pay TAYLOR ELECTRINET all charges relating to the use of your account(s). Charges for other services, such as promotional offerings and other services to be offered from time to time, will be according to prices published at the time. Charges at the date of invoice will include the next month's recurring charges, and additional usage charges incurred during the prior month, if any. Your first bill will be prorated according to the days of service left in TAYLOR ELECTRINET’s billing period.

For Single Dial-up Internet Services, you may elect payment by bank draft, credit card, debit card, check or money order. TAYLOR ELECTRINET will send you an invoice by e-mail setting forth all charges incurred by you at the end of each TAYLOR ELECTRINET billing cycle. If you currently receive your electric service from Taylor Electric, your internet billing will be included on your electric bill. You are solely responsible for informing TAYLOR ELECTRINET of new expiration dates and account numbers on your listed credit card, debit card, or bank draft accounts as appropriate. You are responsible for keeping TAYLOR ELECTRINET updated when your listed credit card has no remaining credit. Invoices will be mailed around the 12th calendar day of each month. For payments made by credit card, debit card or bank draft your account will be charged on approximately the 10th of each month. For payments made by check or money order, your payment is payable by the 30th calendar day of the month.

TAYLOR ELECTRINET will charge $25 for all returned checks and for bank drafts declined by your bank, and your account will be subject to immediate suspension. TAYLOR ELECTRINET will charge a $25 processing fee for all credit card or debit card transactions that are either denied or cannot be processed for any reason, and your account will be subject to immediate suspension. If payment is not received by the date due, your account is delinquent and subject to an interest charge of 1.5% per month on the outstanding balance. TAYLOR ELECTRINET may at any time charge your credit card any amount past due or any balance due at the time of notification to TAYLOR ELECTRINET of a denied bank draft, declined debit card, or check returned for non-sufficient funds.

If you default, you are liable for any and all attorney fees, court costs and collection agency fees or commissions if TAYLOR ELECTRINET has to employ these methods in order to collect debts owed to TAYLOR ELECTRINET under this Agreement. Accounts cancelled due to non-payment will be reported to a credit-reporting agency.

You agree to pay a fine of $500 for flagrant disregard of TAYLOR ELECTRINET’s Allowable Use Policy as contained in this Agreement. It is at TAYLOR ELECTRINET’S sole discretion what constitutes flagrant disregard of allowable use.

OTHER CHARGES

You are responsible for any local or long distance phone charges accrued in connecting to TAYLOR ELECTRINET. TAYLOR ELECTRINET is not responsible for any phone charges unintentionally incurred by any subscriber for any reason. You also are responsible for providing all equipment, including computer hardware and software, used in connecting to TAYLOR ELECTRINET.

LIMITATION OF LIABILITY

TAYLOR ELECTRINET exercises no control whatsoever over the content of the information accessed through TAYLOR ELECTRINET’s Internet Services. TAYLOR ELECTRINET’s Internet Services are provided on an "as is, as available" basis, without warranty of any kind, expressed or implied, including, but not limited to, the warranties of performance, merchantability and fitness for a particular purpose. TAYLOR ELECTRINET and/or contributors will have no liability whatsoever to you for any claim(s) relating in any way to (I) your inability or failure to perform research or related work or to work properly or completely, or (II) any lost profits or consequential, exemplary, incidental, indirect or special damages relating in whole or in part to your rights hereunder or use of, or inability to use, TAYLOR ELECTRINET’s Internet Services. TAYLOR ELECTRINET will not be responsible for any damage suffered by you, including, but not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via TAYLOR ELECTRINET’s Internet Services is at your sole risk. TAYLOR ELECTRINET specifically disclaims any responsibility for the accuracy or quality of information obtained through TAYLOR ELECTRINET’s Internet Services.

Under no circumstances and under no legal theory, tort, contract or otherwise, will TAYLOR ELECTRINET or its suppliers or resellers be liable to you or any other person for any indirect, special, incidental or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages in excess of TAYLOR ELECTRINET’s list price for a license to the Software and Documentation, even if TAYLOR ELECTRINET will have been informed of the possibility of such damages, or for any claim by any other party. This limitation of liability will not apply to liability for death or personal injury to the extent applicable law prohibits such limitation.

ALLOWABLE USE

TAYLOR ELECTRINET will publish its Customer Agreement, including the Allowable Use Policy, on its web site. These policies may be revised from time to time. You agree to abide by TAYLOR ELECTRINET’s policies concerning use of TAYLOR ELECTRINET’s Internet Services as published on line at the time of use.

TAYLOR ELECTRINET’s Internet Services may only be used for lawful purposes. Transmission of any material in violation of any federal or state statute or regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. You agree to indemnify and hold harmless TAYLOR ELECTRINET from any claims resulting from your use of TAYLOR ELECTRINET’s Internet Services.

Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is not allowed. Sending a message, especially an advertisement, to more than five recipients, is considered by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Unsolicited advertisements via e-mail, or via discussion groups whose charter does not explicitly allow advertisements, are not allowable.

Violations of TAYLOR ELECTRINET's Customer Agreement and allowable use policies will result in account suspension or cancellation and fines as states in Charges and Billing.

UNLIMITED USAGE

TAYLOR ELECTRINET offers unlimited usage to Single Dial-up Internet Services customers. "Unlimited usage" does not mean "unlimited access." Unlimited dial-up accounts have no hourly charges when the account holder is wholly and exclusively engaged in personal, interactive Internet use. Accounts may not be used for automated, unsupervised use of the Internet or simultaneous connections by multiple people. Accounts may not be kept connected with a keep-alive of any sort, such as setting an e-mail program to check mail periodically unattended. TAYLOR ELECTRINET may disconnect dial-up connections after extended periods of inactivity or unauthorized use.

RESPONSIBILITY FOR ACCOUNT USE

You are responsible for all use of your account(s) and confidentiality of password(s). TAYLOR ELECTRINET will suspend or change access upon notification that your password has been stolen, lost or otherwise possibly compromised. TAYLOR ELECTRINET is not responsible for your personal files residing online on TAYLOR ELECTRINET owned and controlled computers. You will be responsible for independent backup of your data stored online. You will be responsible for all access to and use of TAYLOR ELECTRINET’s Internet Services by your personnel or by means of your equipment, whether or not you have knowledge of or authorize such access or use. If the subscriber is less than 18 years of age, the application must be signed and these terms agreed to by a parent or legal guardian, who is responsible for all charges related to the use of subscriber's account(s).

UNAUTHORIZED USE OF ACCOUNT

TAYLOR ELECTRINET will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning, denial-of-service attacks (ping-flooding, sending packets with an illegal packet size, UDP flooding, half-open TCP connection flooding, etc.) and the like.

Harassment or abusive use of e-mail and other Internet services are not allowed. TAYLOR ELECTRINET will handle incidents of harassment on a case-by-case basis, consulting with all parties involved. Any unauthorized use of accounts or computers by a TAYLOR ELECTRINET customer, whether or not the attacked account or computer belongs to TAYLOR ELECTRINET, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and legal action, according to the seriousness of the attack.

LIMITATIONS ON RESOURCE USAGE

TAYLOR ELECTRINET reserves the right to impose limits on the total amount of disk space and other resources available for your use on TAYLOR ELECTRINET operated computers. E-mail accounts for dial-up account users are subject to a limit of 2MB. TAYLOR ELECTRINET reserves the right to delete, without notice, personal e-mail files that have not been accessed for more than one month. Disk space for storage of web pages is available in amounts specific to each Internet service package. Use of excess space will be charged on a monthly basis according to rates and prices published at the time of use. TAYLOR ELECTRINET with prior notice reserves the right to remove files that exceed allowed limits.

E-MAIL PRIVACY

Electronic mail passes through multiple mail servers on the Internet as it passes from source to destination. Privacy can never be guaranteed from every possible mail server; therefore, users seeking total privacy should use some encryption scheme to render messages unreadable by eavesdroppers. With regards to TAYLOR ELECTRINET’s mail servers, TAYLOR ELECTRINET places a high value on privacy and will only examine users' mail when absolutely required, for example when troubleshooting e-mail delivery problems or being presented with a search warrant for the information.

ILLEGAL MATERIAL

TAYLOR ELECTRINET bears certain legal liabilities for the use of its computer network and equipment. As such, TAYLOR ELECTRINET prohibits any and all use of TAYLOR ELECTRINET’s network for illegal purposes. When presented with a search warrant, TAYLOR ELECTRINET is obligated to release any information named therein, and will cooperate with authorities in any criminal investigation of inappropriate Internet usage.

However, TAYLOR ELECTRINET recognizes that the legal status of the Internet has not yet been resolved satisfactorily, either through legislation or court precedent. Therefore, TAYLOR ELECTRINET must make certain decisions regarding the illegality of various specific actions. Among the actions TAYLOR ELECTRINET considers illegal and therefore will not allow on its network are: unauthorized distribution of copyrighted material; exploitation of minors; and unauthorized use of computer resources. TAYLOR ELECTRINET believes the First Amendment rights of free speech, freedom of the press and freedom of association apply to the Internet to the same degree as they do to print media and that any attempt to infringe upon those rights is void of legitimacy.

WEB SERVICE

TAYLOR ELECTRINET provides personal web space to dial-up customers. TAYLOR ELECTRINET includes web service in its enhanced packages and hosts commercial web pages for a fee. In all cases, the web pages reside on TAYLOR ELECTRINET’s computer equipment, giving TAYLOR ELECTRINET some ethical responsibility for the content of such pages. TAYLOR ELECTRINET will handle potentially inappropriate web pages on a case-by-case basis. Examples of inappropriate information include downloadable virus code and obscene materials.

Personal web space provided under any Residential Service may not be used for purposes that can be deemed as an attempt to sell a product or service. Only web space provided under non-Residential Services account may be used for commercial activity.

Domain name service is available as an optional service. You are responsible for domain name registration with InterNIC and for any fees charged by InterNIC. TAYLOR ELECTRINET charges a $125 setup fee for adding your registered name on the TAYLOR ELECTRINET domain name server. TAYLOR ELECTRINET grants you non-exclusive, non-transferable, limited license to store documents on a TAYLOR ELECTRINET Internet World Wide Web server, and to use the server at burst bandwidth speeds up to TAYLOR ELECTRINET’s full capacity. TAYLOR ELECTRINET will bill for usage in accordance with rate and prices published at the time of use.

TERM AND TERMINATION

This agreement will become effective on the date the service application is entered into TAYLOR ELECTRINET’s system. TAYLOR ELECTRINET, at its sole discretion, may terminate this agreement immediately or suspend your access to the service upon any breach of this Agreement by you. You are responsible for notifying TAYLOR ELECTRINET of your wish to terminate your account if desired. Charges will continue to accrue until your notification to TAYLOR ELECTRINET of account termination, or until your account is cancelled due to non-payment as stated in "Charges and Billing." If your account is cancelled due to non-payment, you will be in default and subject to any and all late fees and collection fees payable by you under this Agreement.

Licenses granted hereunder will terminate automatically if you fail to comply with the limitations described herein. Upon termination, you must destroy all copies of the Software and Documentation.

EXPORT CONTROLS

None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Yugoslavia, Iran, Syria or any country to which the United States has embargoed goods; or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, if the licensed Software is identified as a not-for-export product (for example, on the box, media or on the installation process), then the following applies: except for export to Canada for use in Canada by Canadian citizens, the Software and any underlying technology may not be exported outside the United States or to any foreign entity or "foreign person" as defined by U.S. Government regulations, including without limitation, anyone who is not a citizen, national or lawful permanent resident of the United States. By downloading or using the Software, you are agreeing to the foregoing and are warranting that you are not a "foreign person" or under the control of a foreign person.

EFFECT OF AGREEMENT

This Agreement (which will include the current and future Schedules hereto) represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them.

MODIFICATION OF TERMS AND CHARGES

TAYLOR ELECTRINET reserves the right to change rates or otherwise modify provisions of this Agreement by notifying you at least thirty (30) days before the effective date of the change, by written or online notice. Your use of TAYLOR ELECTRINET’s Internet Services after such notice will constitute your acceptance of the modifications to this Agreement.

FORCE MAJEURE

TAYLOR ELECTRINET’s performance hereunder is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor disputes, inability to obtain necessary supplies and the like.

SEVERABILITY

If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and all other provisions are unaffected.

NOTICES

Except as otherwise provided herein, all notices hereunder will be given in writing as follows:

TAYLOR ELECTRINET

N1831 State Rd 13

Medford WI 54451

GOVERNING LAW

This Agreement will be governed by and construed under the laws of the state of Wisconsin except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly included. All disputes will be settled in Wisconsin courts.

WAIVER

Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision.

U.S. GOVERNMENT RESTRICTED RIGHTS

Use, duplication or disclosure of Software and Documentation by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, and in similar clauses in the NASA FAR Supplement.

  

N1831 State Hwy 64

Medford WI 54451

1-800-862-2407

Copyright © TAYLOR ELECTRINET, Inc., 2000