The BASIC NEEDS Network

Online Services Subscriber Agreement and Acceptable Use Policy

BASIC NEEDS Online Services ("BASIC NEEDS") agrees to provide and BASIC NEEDS Online Services Subscriber ("Subscriber") agrees to receive access to the BASIC NEEDS Internet service and other services as described in related BASIC NEEDS product data sheets according to the
following terms and conditions:

All provisions of BASIC NEEDS's Subscriber Agreement ("Agreement") apply to the Subscriber's Account. Continued use of BASIC NEEDS services constitutes full acceptance of this Agreement.

General
1. BASIC NEEDS strives to provide a commercially viable and useful set of Internet services that exceed the quality and reliability of other services targeted towards residential customers.

2. This Acceptable Use Policy is intended to protect BASIC NEEDS and the customers of BASIC NEEDS from being impacted by abusive behavior and misuse of the service. In general the Internet community responds to unacceptable behavior of one or two irresponsible users by attacking the network that provides access. A network of good Internet citizens receives few attacks.

3. In general, the Acceptable Use Policy is that any use of BASIC NEEDS for inappropriate and/or illegal activities of any kind, including unauthorized use (or attempted unauthorized use) of BASIC NEEDS's machines or other machines on the Internet is prohibited.

4. Any activity which results in "denial of service" to anyone, either on BASIC NEEDS, or on the Internet is prohibited.

5. "Unlimited" means that you will not be logged off as long as you are actively using the Internet. It does not mean you can log in and just let it sit. The system will automatically log you off if your account does not show any activity in 10 minutes. (Uploading/downloading is considered activity and will not cause the system to log you off.) (See Subscriber Agreement and Acceptable Use Policies, Section 30)

6. Unsolicited electronic mail advertisements("Spamming")is prohibited under California Assembly Bill 1629

Subscriber Agreement and Acceptable Use Policies
1. The system shuts down from 4:00am-approximately 5:00am for routine maintenance, such as backing up, updating user information, etc. The average down time is between 45 minutes and 1-1/2 hours, but generally does not exceed 1 hour.

2. The benefits or rights conferred by this Agreement are nontransferable. Use of BASIC NEEDS accounts is expressly limited to the individual(s) or business whose name(s) appear(s) on the account.  Account password is permanent for the duration of service with BASIC NEEDS.  Therefore care should be taken when giving your account password to others.

3. BASIC NEEDS Customer agrees to use the service in a manner consistent with any and all applicable laws. BASIC NEEDS will cooperate with the appropriate law enforcement agencies investigating claims of illegal activity.

4. Subscriber agrees to follow the Acceptable Use Policy of any network BASIC NEEDS Customer connects to, including BASIC NEEDS's system.

5. Reselling of BASIC NEEDS services, including web space, or e-mail is prohibited, except as expressly provided by BASIC NEEDS Online Services.

6. Subscriber is responsible for all use of Subscriber's account(s) and confidentially of password(s). BASIC NEEDS will suspend access or change access to Subscriber's account(s) immediately upon notification by Subscriber that his/her password has been lost, stolen or otherwise compromised. BASIC NEEDS is not liable for any usage and or charges prior to BASIC NEEDS making the necessary account alteration.

7. Subscriber is responsible for all local and long-distance telephone charges for connecting to BASIC NEEDS.

8. Subscriber agrees to pay provider all charges relating to the use of Subscriber's account(s) according to effective prices.

9. BASIC NEEDS reserves the right to change prices on 30 days notice published on-line.

10. BASIC NEEDS reserves the right to suspend access to service for Subscriber's account(s) upon an indication of credit problems including returned checks and business billing accounts 10 days or more delinquent.

11. The BASIC NEEDS service is provided on an "as is, as available" basis. No warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to BASIC NEEDS or any information or software therein. Subscriber is not entitled to any reimbursement for losses of income due to disruption of service by BASIC NEEDS or its providers.

12. BASIC NEEDS reserves to right to change without notice the BASIC NEEDS service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

13. BASIC NEEDS is not responsible for Subscriber's files residing on BASIC NEEDS. Subscriber is responsible for independent backup of his her data stored on BASIC NEEDS.

14. BASIC NEEDS reserves the right to delete customers files after one or both parties terminates agreement.

15. BASIC NEEDS reserves the right in its sole discretion to remove from public view any information entered into BASIC NEEDS by Subscriber. BASIC NEEDS and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.

16. Subscriber hereby agrees that any material submitted for publication on BASIC NEEDS through BASIC NEEDS Subscriber's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. Software intended to facilitate any such violations or infringements may not be stored on BASIC NEEDS.

17. BASIC NEEDS, at its sole business judgment, may terminate this Agreement immediately or suspend Subscriber's access to the service upon any breach of this Agreement by Subscriber, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of BASIC NEEDS that Subscriber may be performing activities harmful to BASIC NEEDS or its Subscribers, employees, vendors, business relationships or any other Subscribers.

18. The following violations of "netiquette" are grounds for immediate suspension of service pending investigation by BASIC NEEDS and will result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic.

(18a) Posting a single article or substantially similar articles to an excessive number of newsgroups i.e., 20 or more or continued posting of articles which are off-topic e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic.

(18b) Sending unsolicited commercial e-mailing (i.e., to more than 25 e-mail addresses) which provoke complaints from the recipients.

(18c) Engaging in either (a) or (b) from a provider other than BASIC NEEDS Online Services and using an account on BASIC NEEDS as a mail drop for responses.

(18d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by BASIC NEEDS.

(18e) Impersonating another Subscriber or otherwise falsifying one's Subscriber name in e-mail, Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)

(18f) Use of Chat/IRC "bots" on BASIC NEEDS, whether on our Chat/IRC server or on any other. Such software may not be used on BASIC NEEDS Online Services.

19. Subscribers whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by BASIC NEEDS.

20. This document and the rights and duties of the parties shall be governed by and interpreted according to the laws of the State of California.

21. BASIC NEEDS may modify these terms and conditions upon notice published on-line via BASIC NEEDS. Subscriber's use of BASIC NEEDS services after such notice shall constitute Subscriber's acceptance of the modifications to this Agreement.

22. Non-enforcement of any section of this Agreement does not constitute consent and BASIC NEEDS reserves the right to enforce this Agreement at its sole discretion.

23. If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, Subscriber's and BASIC NEEDS's agreement on all other paragraphs shall remain valid.

24. Failure to use this account(s) does not relieve the Subscriber of payment obligations, except as specifically provided in this contract.

25. In the event the Subscriber defaults on this contract, BASIC NEEDS may suspend or revoke the Subscriber's access and server privileges and the Subscriber may have to reapply for service at the price BASIC NEEDS is charging to new customers. The customer agrees to pay BASIC NEEDS's reasonable attorney's fees and court costs, where permitted, in collecting the amount remaining in the Subscriber's contract as stated in the sales order.

26. Communication systems are occasionally subject to degradation of service from phenomena such as so-called "Line-Noise" interference and other causes beyond the reasonable control of BASIC NEEDS.

27. BASIC NEEDS may assign this order, its rights here under and its ownership of said service and commitment at anytime without notice.

28. In addition to any price specified herein, Subscriber shall pay the gross amount of any present or future sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any products or services furnished here under or to their use by customer.

29. BASIC NEEDS reserves the right to collect damages (software, hardware & man hours) if any harm is done to BASIC NEEDS which requires repair or reconfiguration of any kind.

30. BASIC NEEDS dialup connections are not intended to be full-time dedicated connections and will be disconnected after 10 minutes of inactivity. BASIC NEEDS Subscriber agrees not to use any automatic method to avoid disconnection, and to keep the connection active only when the Subscriber is actively using it, and not to provide public information services over the connection. BASIC NEEDS reserves the right to impose a restriction on accounts it deems to be in violation of these conditions.

Usenet Newsgroups
BASIC NEEDS places no content restrictions on newsgroups except that:

1. Illegal content is prohibited.

2. Use of copyrighted text or images without the authors expressed written permission is prohibited.

3. Posting of 20 or more copies of the same article ('spamming'), is prohibited.

4. Continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in virtually all Usenet newsgroups (exceptions include the biz.* hierarchy).

E-mail
1. Sending harassing or mass unsolicited commercial e-mail (known on the Internet as 'Spamming') is prohibited. Forging header information in e-mail is prohibited.

BASIC NEEDS policy prohibits unsolicited electronic mail advertisements ("Spamming") under California Assembly Bill 1629

Use of programs such as Mflash(tm) is prohibited.

2. BASIC NEEDS encourages the use of encryption for private and/or sensitive communications. BASIC NEEDS respects the privacy of customers, however, BASIC NEEDS reserves the right to access subscribers mailboxes as necessary to resolve mail system problems.

Internet Relay Chat, IRC
1. Use of IRC bots on any of BASIC NEEDS's servers is prohibited. Impersonating other BASIC NEEDS Customers by forging one's e-mail address is prohibited. Flooding, cloning, spoofing, harassment, or otherwise hindering the ability of others to properly use Chat or IRC is prohibited.

NetMeeting
1. Use of NetMeeting for illegal activities is prohibited. Spoofing, harassment, or otherwise hindering the ability of others to properly use NetMeeting is prohibited.

World Wide Web Hosted Sites
1. Use of web pages hosted on BASIC NEEDS's servers is only for the subscribing company or individual. Reselling web space, selling advertising within a subscribers web page and virtual site is prohibited unless authorized by BASIC NEEDS.

2. Use of copyrighted text or images without the authors expressed written permission is prohibited.

3. Web Sites are not to produce Chat (IRC) traffic.

4. BASIC NEEDS reserves the right to move subscribers hosted web sites to other BASIC NEEDS servers to accommodate network traffic demands.

Hacking/Cracking software, utilities, or files
1. Any program, utility, or file that can be used to allow unauthorized access or gain unauthorized information about a computer, network, or file is prohibited. Storage of these archived programs, software, utilities, or files in an archived format and only for personal use or download is acceptable. Removing such files from their archived or compressed state, attempts to run and/or attempting to compile or use such software is prohibited.

2. BASIC NEEDS will cooperate with the appropriate law enforcement agencies investigating claims of illegal activity.

Cancellation Policy
1. To cancel your account, notify BASIC NEEDS in writing at least 5 days before the end of the billing period.  If you cancel less than 5 days before the end of the billing period, you will be charged for the next billing period or the next month.

2. Prepaid accounts; your account will automatically expire when your time runs out.  (accounts on automatic monthly, quarterly, semi-annual or annual payments  -see paragraph 4 and 5 below)

2. Monthly Billing Accounts:  Any cancellation between the 1st and 25th day on the monthly billing period will be considered canceled as of the last day of that billing period.

4. All requests for cancellation MUST be submitted in writing either by US Mail, e-mail, or fax to (951) 943-1647. Your account is not considered canceled until you have received a response from BASIC NEEDS via the same method as above.

5. Subscribers with prepaid accounts are entitled to a refund if cancellation occurs prior to the expiration of the prepaid period. Such refunds are prorated at the prevailing monthly subscription rate (prepayment discount rates do not apply if the prepaid account is cancelled prior to the expiration of the prepaid period).  This means that you pay the full monthly rate (not the discounted rate).

Account Payment
1. Payments can be made by credit card, check or money order made payable to BASIC NEEDS.  Payments by check or money order can be mailed in the envelope that is provided with your invoice.  Payments can also be made at a designated payment location.  Click of convenient payment locations to find a location near you. Ensure that mailed payment are postmarked on or before the due date to avoid an account reactivation fee.

2.  If payments is received after the due date, the account will be de-activate. There is a re-activation fee.   

3. Account that were activated between the 1st and 15th: Payments are due on the 1st day of the month for account that were initially activated between the 1st and 15th day of the month.

3. Account that were activated between the 15th and 31st: Payments are due on the 15th day of the month for account that were initially activated between the 16th and 31st day of the month.

Account Re-activation Fee
There is no activation fee. However, if your account in de-activation by choice or for failure to make timely payment, the reactivation fee will apply.

It pays to have BASIC NEEDS!