Terms of Service

With a Valstar Inc.™ Internet Services, (Valstar Inc.™) user ID you become a customer and agree to the terms of this agreement. For purposes of this document, the term customer stands for any individual, company, organization, person or entity who purchases services for personal/business use, or for the purpose of re-selling internet services from Valstar Inc.™. By purchasing such Services you agree to the terms and conditions of this policy. If you do not agree to these Terms of Service, please cancel your Valstar Inc.™ service. The Terms of Service are subject to change by Valstar Inc.™ without notice. In the case of dedicated access (i.e. T-1, 56K, 384K, etc.) customers, all provisions of the Terms of Service apply to all users associated with the customer's principal account. Each customer is responsible for the apply to all users associated with the customer's principal account. Each customer is responsible for the use of his or her account(s) by any user on that account, and for ensuring full compliance by the user of these Terms of Service. The customer is responsible for obtaining and maintaining all equipment necessary to connect to Valstar Inc.™. The customer agrees to use Valstar Inc.™ in a manner consistent with any and all applicable laws, regulations, and applicable Internet Acceptable Usage Policies for both traffic within Valstar Inc.™ and destinations beyond the Valstar Inc.™ network. Valstar Inc.™ will provide one set of preconfigured software upon establishment of a new account. Any upgrades or replacement software packages will have to be purchased at the customer's expense.

PAYMENT/BILLING

Customer will be billed for services a month in advance plus pro-rate charges from date of installation on first bill.If internet service is disconnected by the customer before the end of the month, customer will be billed through the end of that month.The customer is responsible for all telephone charges for connecting to a Valstar Inc.™ network access node.Valstar Inc.™ reserves the right to change fees, surcharges, monthly fees or institute new fees at any time upon thirty (30) days prior notice. For customers who have prepaid for service, the new charges will be in effect when they next renew their service.The customer may not place orders, or attempt to pay for Valstar Inc.™ services using any expired, false or unauthorized credit card, or false or unauthorized bank or credit union information, and must promptly inform Valstar Inc.™ of the following: 1) Changes in the expiration date of any credit card they use in connection with Valstar Inc.™. 2) Any changes to the bank or credit union account they use in connection with Valstar Inc.™. 3) Changes in their home or billing address. 4) Apparent breaches of security, such as loss , theft, or unauthorized disclosure or use of a credit card, bank or credit union account, ID or password. Until Valstar Inc.™ is notified by telephone at 877-423-STAR, or receives notice of a breach of security, the customer will remain solely liable for any unauthorized use of Valstar Inc.™. Valstar Inc.™ reserves the right to suspend access to Valstar Inc.™ for the customer's account(s) immediately, without notice, upon rejection of any credit card charges, non-payment by the customer's bank or credit union of authorized charges or any other indication of credit problems. The limit of storage space is 6 Meg of HTML, image files and email in your web directory for use on your site. If you need additional meg for storage, the price is $1.00 per meg per month if ordered in ADVANCE. If you exceed the limit and do not order in advance, your account will be billed $2.00 per meg per month. E-mail is the primary source of communication for Valstar Inc.™. It is the customers' responsibility to check their e-mail for system upgrades, suspension notices and information relating to Valstar Inc.™. If service is terminated prior to the end of your billing cycle monthly charges will not be prorated.

THIRD PARTY SALES AND SERVICES

All matters concerning the sale of merchandise and services ordered from other customers and users of Valstar Inc.™ and non-Valstar Inc.™ customers (seller), including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between the seller and the customer. Valstar Inc.™ makes no warranties or representations whatsoever with regard to any goods or services provided by sellers. Valstar Inc.™ is not a party to such transactions or liable for any costs, damages, or liabilities arising either directly or indirectly from the actions or inactions of sellers.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

The entire risk as to the quality and performance of the Valstar Inc.™ service, the quality of any related services, and the accuracy of any information, or quality of any software obtained through Valstar Inc.™ is with the customer.
Valstar Inc.™ does not warrant that the functions or services performed by, or that the information or software obtained through Valstar Inc.™ will meet your requirements or that the operation of Valstar Inc.™ will be uninterrupted or error-free or that defects in Valstar Inc.™ will be corrected. Valstar Inc.™ is provided on an "as is, as available" basis. Valstar Inc.™ does not make any warranties, expressed (except as expressly provided herein) or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to the Valstar Inc.™ services. The limited warranties provided herein are the only warranties of any kind that are made by Valstar Inc.™. No oral or written information or advice given by Valstar Inc.™ or its authorized dealers, distributors, agents, or employees shall create a warranty or in any way increase the scope of this warranty, and you may not rely on any such information or advice. This warranty gives you specific rights. In no event will Valstar Inc.™ be liable (i) to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use Valstar Inc.™, any services provided therein or information or software contained therein, even if Valstar Inc.™ or its authorized representatives have been advised of the possibility of such damages, or (ii) for any claim by any other party. Because some states do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Valstar Inc.™'s liability to you for actual damages for any cause whatsoever, and regardless of the form of the action, will be strictly limited to the service fees paid by or on behalf of the customer to Valstar Inc.™ for the period in which the damages occurred. The customer is responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to Valstar Inc.™ for the reconstruction of any lost data.

THIRD PARTY SUPPLIED INFORMATION: Opinions, advice, services and all other information expressed by customers, information providers, service providers, or other third party personnel on Valstar Inc.™ are those of the provider and not of Valstar Inc.™. Customers are urged to seek professional advice for specific, individual situations.

TELEPHONE CHARGES: Valstar Inc.™ assumes no responsibility or liability for any phone charges including, but not limited to, long distance charges, per minute (unit) surcharges and/or equipment or line costs, incurred by the customer while accessing Valstar Inc.™. Any disputes or problems regarding phone service are strictly between the customer and his or her local phone company and/or long distance service provider. It is the customer's responsibility at all times to assure that the number use to dial Valstar Inc.™ does not include unexpected toll charges.

NETIQUETTE: There is a certain etiquette ("netiquette") you should observe when using internet services. Please avoid retrieving many large files during the working hours of the day. If you are getting things unrelated to work (such as game software, etc.) please do it during the evening or weekend. Graphics files, whether downloaded or just viewed, tend to be extremely large. Unless you are an experienced Internet user, be aware that "newbies" are often received less than kindly if they exhibit inappropriate behavior. It is strongly recommended that, when exploring new areas, you spend some time "lurking" (reading, without providing any input) before you risk getting "flamed" for asking inappropriate questions. As you can see, there is a whole language that may be unfamiliar to you, and the best way to learn is to read the "FAQs" (Frequently Asked Questions), which you will find in nearly all of the areas you are likely to explore.

ADVERTISING: Advertising is now considered to be an "acceptable use" of the internet. However, you should not distribute or broadcast this information on the network to people who don't want to receive it. Violation of this acceptable use policy will very likely have just the opposite effect of your intent. Valstar Inc.™ reserves the right, at its sole discretion, to suspend or cancel the service of anyone who, in the opinion of Valstar Inc.™, violates this policy.

e-mail/USENET: It is contrary to Valstar Inc.™ policy for any user of any of these services to affect or participate in any of the following activities through a Valstar Inc.™-provided service: Customers are explicitly prohibited from sending unsolicited bulk mail messages (commonly known as UCE or spam). This includes but is not limited to: bulk-mailing of commercial advertising, or informational announcements. Forwarding or otherwise propagating chain e-mail letters (also known as multi-level- marketing (MLM)), whether or not the recipient wishes to receive such mailings is prohibited. Valstar Inc.™ accounts or services may not be used to collect replies to messages sent from another internet provider where those messages violate this policy or the policies of the other ISP. The use of outside bulk remailer services or bulk e-mail services to promote a Valstar Inc.™ housed web page, either personal or commercial is expressly forbidden. Additionally, the use of outside servers and or outside bulk remailer/e-mail services to promote via e-mail or USENET newsgroups, any service provided through the Valstar Inc.™ network is expressly prohibited. Malicious e-mail, including but not limited to mailbombing (flooding a user or site with very large or numerous pieces of e-mail) is prohibited. Falsifying user information provided to Valstar Inc.™ or to other users in connection with use of a Valstar Inc.™ service including but not limited to forging the headers of, or return address of e-mail and USENET articles is prohibited. Posts to newsgroups must comply with the written charter or FAQ's for those newsgroups. Advertisements should be posted only in newsgroups whose charters or FAQ explicitly permits them. The customer is responsible for determining the etiquette of a given newsgroup prior to posting to it. Customers are prohibited from posting the same or similar message to large numbers of newsgroups (otherwise known as usenet spam). Any post destined for more than 9 newsgroups (excessive crossposting) will be refused by the news server automatically. Additionally, posting the same or similar message to many newsgroups, one at a time (known as "velveeta") is prohibited. Posting of chain letters, pyramid schemes or other multi-level-marketing schemes to USENET or via e-mail is explicitly prohibited.

COPYRIGHT AND OTHER PROPRIETARY RIGHTS

COPYRIGHTS: Valstar Inc.™ Internet Services, Inc. owns and retains the copyright in Valstar Inc.™. Except for public domain material, electronic messages and material in message boards, all copyrightable material displayed on, or downloaded from Valstar Inc.™ is copyrighted, and may not be redistributed, transmitted, re-transmitted or copied (other than a single copy for personal use), or published without permission of the copyright owner. All copyright or other proprietary rights notices contained in or associated with Valstar Inc.™, and any information or software contained therein must be preserved in, or on, any copies made of such material. The placement of copyrighted material in any public posting area, or software library of Valstar Inc.™ without the consent of the copyright owner is in violation of the Terms of Service.

TRADEMARKS AND SERVICE MARKS: Valstar Inc.™ is a trademark of Valstar Inc. Internet Services, Inc.

INFORMATION SUPPLIED BY THE CUSTOMER TO Valstar Inc.™
Except as stated below, Valstar Inc.™ may use or disclose information regarding the customer for any purpose. Information regarding a customer's credit card number(s), bank account number(s) which the customer supplies to Valstar Inc.™ shall be used or disclosed only for the purposes for which such information was collected, or as required by law. Customer's addresses, phone numbers and other relevant information may be provided to information providers, service providers and merchants. Valstar Inc.™ will not normally release any information to third parties about individual customers without the customer's written permission except when requested by duly authorized law enforcement. Valstar Inc.™ may release customer information for research purposes, in which case the identity of individual customers will be protected.

ELECTRONIC MAIL

Electronic mail ("Mail") is a private electronic message sent by a customer or by Valstar Inc.™ to another customer or user of Valstar Inc.™. Valstar Inc.™ will not intentionally inspect the contents of mail sent by one customer to an identified addressee, or disclose such contents to other than the sender, or an intended recipient, without the consent of the sender or an intended recipient, unless required to do so by law. Valstar Inc.™ reserves the right to cooperate fully with local, state, or federal officials in any investigation concerning or relating to any mail transmitted on Valstar Inc.™.

RESELLERS: Any Customer who purchases services from Valstar Inc.™ will be held responsible, as outlined in this document, for all violations of this policy committed by parties they re-sell any service to. This includes but is not limited to web hosting, dial-up, news, and e-mail services.

EXCESSIVE NEWS USAGE: News access is provided to customers based upon an understanding that it is used for normal reading purposes. Customers may not use programs designed to pull mass amounts of news down. These programs are known as SUCKER, PULLER, or automated programs. Customers abusing this service, as exhibited by pulling down more than 1500 articles per day per user, may have their news access limited, suspended, or terminated. Customers requiring more than 1500 articles per day per user may request a newsfeed or purchase more access to the server at Valstar Inc.™'s then current monthly rate.

DISCIPLINARY ACTION: Engaging in one or more of the above practices outlined in this document will result, at Valstar Inc.™'s sole discretion, in a limitation, suspension or termination of the offender's account and or access. Offenses will generally be handled with the below schedule. First Offense - Official warning or suspension of account or service. Second Offense - Suspension of account/service or router-level filtering of services including but not limited to outbound SMTP, NNTP, IRC, WWW. Third Offense - Router-level filtering of services or termination of account or service. Fourth Offense - Termination of account or service. In addition, Valstar Inc.™, in its sole discretion, reserves the right to suspend, block/filter, or terminate your Internet access service(s), without prior notice, for any violation of this Acceptable Usage Policy, or the rules of any other service or network accessed via Valstar Inc.™.Attempts to circumvent the above restrictions by either forging user information, or purchasing additional accounts to "get around" the restrictions may lead to an immediate termination of all accounts involved. This policy addresses only the kinds of network abuse specifically enumerated above. In addition to these activities, Valstar Inc.™'s Terms of Service also prohibit other forms of abuse such as harassment and the posting of illegal or unlawful materials, and Valstar Inc.™ will respond as appropriate to these other activities as well. Nothing contained in this policy shall be construed to limit Valstar Inc.™'s actions or remedies in any way with respect to any of the foregoing activities, and Valstar Inc.™ reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Valstar Inc.™ service, and levying cancellation charges to cover Valstar Inc.™'s costs in the event of disconnection of dedicated access for the causes outlined above. In addition, Valstar Inc.™ reserves at all times all the rights and remedies available to it with respect to such activities at law or in equity.

ONLINE CONDUCT: Any action by a customer that, in Valstar Inc.™'s sole opinion, restricts or inhibits other customers from using and enjoying Valstar Inc.™ (such as but not limited to, the use of vulgar language; committing, or discussing with the intention to commit, illegal activities), is strictly prohibited. Transmission of material, information or software in violation of any local, state or federal law is prohibited and is a breach of the Terms of Service. The customer specifically agrees not to upload, post or reproduce in any way any materials protected by copyright without the permission of the copyright owner. The customer specifically agrees to indemnify Valstar Inc.™ for any losses, costs, causes of action, liabilities or damages, (including reasonable attorneys' fees) incurred by Valstar Inc.™ and relating to, or arising out of customer's use of this service.Unlimited access is defined as the ability to logon to Valstar Inc.™ at anytime without hourly fees. Valstar Inc.™ reserves the right to time-out a customer's connection after 20 minutes of inactivity or after 10 hours of continuous use. If you are disconnected because of a time-out, you may logon again. Valstar Inc.™ reserves the right to provide warnings via electronic mail to customers who login for more than 10 hours per dial-up session. Individual dial-up subscriber accounts are not permitted to establish multiple simultaneous sessions.

OTHER PROVISIONS: In the event that any provision of the Terms of Service conflict with the law under which the Terms of Service are to be construed or if any such provision is held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this agreement shall remain in full force and effect. The Terms of Service shall be interpreted, construed and enforced in all respects in accordance with the laws of the Commonwealth of Pennsylvania. Each party irrevocably consents to the jurisdiction of the courts of the Commonwealth of Pennsylvania and the federal courts situated in the Commonwealth of Pennsylvania, in connection with any action to enforce the provisions of the Terms of Service, to recover damages or other relief for breach or default under the Terms of Service, or otherwise arising under or by reason of the Terms of Service. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service shall not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same shall be and remain in full force and effect.

REV. 05-20-1999