95Net makes no warranties of any kind, whether expressed or implied, for its services. 95net specifically disclaims any implied warranties of merchantibility or fitness for any particular purpose. 95net will not be responsible for any losses or damages resulting from delays, nondelivery, misdeliveries, service interruption, or Customer's errors or omissions. 95net will not under any circumstances be responsible for consequential damages.

The validity, construction and performance of this agreement shall be governed by the laws of the State of California. If any provision of the agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this agreement will remain in full force and effect. This agreement shall become effective when Customer's net access is enabled.

Part I, Statement of purpose:

This license agreement is designed to help protect 95NET and its customers from disagreeable circumstances that may arise from misunderstanding between 95NET and its customers, abusive users, or other conditions that might cause dissatisfaction or tangible losses to 95NET or its customers.

Part 2, Definitions of Terms:

system: Those computer devices and peripherals that, in sum, constitute the computer network of 95NET.

abuse: Those many and varied activities that would commonly be termed abusive by computer professionals. These would include, but are not limited to, modification of, or tampering with, files not owned by the user. Attempts to examine files that contain sensitive information not normally to be viewed by system users. Attempts to use system resources not normally available to users. Attempts to reduce the systems security, or to hamper the normal functioning of the system.

user: Any individual outside the employ of 95NET who is given access to the resources of 95NET.

customer: Any entity that has been granted access to the 95NET system, or who has data managed in some fashion by the 95NET system.

Part 3, Terms of Service:

Service is granted to customers of 95NET on a conditional basis, and may be terminated by 95NET or the customer at any time. In case of unused pre-paid fees, reimbursement will be as follows. If the customer has received a discount for prepayment, that discount will be deducted from the pro-rated reimbursement amount, otherwise, the customer will received a full pro-rated refund. In case of a contractual obligation between 95NET and the customer outside of this agreement, the terms of service will be as defined in the outside contract.

Part 4, Restrictions:

1. All users of resold accounts must abide by the terms set forth in the 95Net User Agreement.
1. 95NET is not responsible for the technical and customer support of resold accounts. All technical and customer support issues shall be handled directly by the reseller.
1. 95NET reserves the right to modify these terms and conditions at any time. You will be notified by electronic mail if such changes shall have an effect on their service. Customers of 95NET who do not have an on-line account will be notified by mail or phone.

Part 5, Billing Policies:

1. Service is invoiced in advance. 95NET resellers agree to pay recurring service charges until their account is canceled by signed notification. Once signed notification is received, any future invoicing will cease. 95NET will then close the account at the end of the current billing period.
1. An Invoice will be sent once a month for accounts being paid by check or money order. All payments are due upon receipt of invoice or statement.
1. If your check is returned to 95NET unpaid, you are immediately in default and subject to a returned check charge of $20.00.
1. Accounts unpaid after 30 days of invoice date may have their service interrupted. Such interruption does not relieve you from the obligation to pay the monthly charge. Only a written request to terminate your service relieves you of your obligation to pay the monthly account charge. If you default, you agree to pay 95NET reasonable collection expenses, including attorney and collection agency fees