SERVICE AGREEMENT AND ACCEPTABLE USE

By using the services of Rainier Connect, thereby indicating that this policy is understood and accepted, subscribers agree to indemnify Rainier Connect for any damages and costs suffered by Rainier Connect, as a result of the subscribers' violation of this policy or any law or regulation not covered by the policy.

It is the customer's responsibility to determine if one of our Rainier Connect dial-up modem numbers is a local call from where you are dialing. Any and all long-distance charges that may be accrued by using the wrong number will be the responsibility of the user to pay. Rainier Connect will not under any circumstances reimburse for long distance charges accrued while connecting to our Internet service. If you are in doubt as to whether one of our numbers is a local call from your location, you should call your telephone company.

No refunds will be made for amounts less than $5.00

Rainier Connect will make reasonable efforts to assure that Rainier Connect Internet Service will be available to you 24 hours per day 7 days per week. It is possible, however, that there will be interruptions of service. Rainier Connect shall not be liable for interruptions caused by failure of equipment or services, failure of communications, power outages, or other interruptions to Rainier Connect’s Internet Services.

Rainier Connect shall not be liable for performance deficiencies caused or created by your equipment. You shall be responsible to provide for the proper installation, operation and maintenance of your equipment used in connection with the Rainier Connect Internet Service.

Further, you shall ensure that such equipment is technically and operationally compatible with the Rainier Connect Internet Service and in compliance with applicable Federal Communications Commission rules and regulations.

Rainier Connect Internet Service is provided over a shared network, and users will contend for bandwidth. As a result, depending among other things upon the intensity of customer use of Rainier Connect Internet Service, the bandwidth available to you and the speed of service will not always operate at optimum levels. Rainier Connect does not guarantee or cap bandwidth. However, if Rainier Connect determines, in its sole discretion, that your account is using, or has consistently used, an excessive amount of bandwidth, Rainier Connect may terminate your account at any time and without notice. Before taking any such action, Rainier Connect shall make a reasonable effort to notify you that such action will be taken.

If your use or modification of the software, hardware or equipment supplied by Rainier Connect requires a visit to your home or business for repair or correction, Rainier Connect reserves the right to charge you for the visit and labor required to correct the situation. Rainier Connect does not undertake to correct or repair software, hardware or equipment that it does not supply

As your ISP (Internet Service Provider), Rainier Connect Internet Services provides you with the means to access an unprecedented variety and quantity of information. At the same time, your Rainier Connect account gives you the ability to disseminate information to millions of people around the world. This capacity to receive and distribute information is wonderful, but it carries with it some new responsibilities and risks. This policy is intended to minimize potential harm to Rainier Connect users as well as preserve valuable, limited Internet resources and maximize the enjoyment of the Internet for everyone. We want you to enjoy your Internet account but Rainier Connect would like all its users to fully understand the risks and obligations associated with the ability to access so much information and reach so many people, so we have outlined them in "plain English" in this document known as our "Acceptable Use Policy". All Rainier Connect users are required to be familiar with, understand and accept this policy. If you continue to use the Internet through Rainier Connect, it will be assumed that you understand and accept the policy.

Since Rainier Connect can, under some circumstances be held liable for the actions of its users and since actions of users can cause harm to an ISP's equipment and have a negative impact on service provided to other Rainier Connect users, if you violate this policy, Rainier Connect reserves the right to take whatever actions are necessary to enforce compliance, including, at our option, the termination of the user's account.

It is important for users to understand that no one, neither Rainier Connect nor anyone else, owns or controls the Internet. This very basic fact is what has made the Internet such a valuable and popular resource, but it places a large burden on the judgment and responsibility of its users. This is true with respect to evaluating the information acquired from the Internet and also applies to information disseminated to others by the user. Users should fully understand that Rainier Connect cannot monitor or verify the accuracy of the information available on the Internet in any practical way. Because of this, users must exercise their best judgment when deciding whether to rely on information obtained from the Internet. The source should be carefully considered since anyone can post information on the Internet, whether it is true or not.

In addition, some material available on the Internet is sexually explicit or may be otherwise offensive to some people. Since Rainier Connect does not and cannot monitor the Internet and will not try to do so, all responsibility for any harm resulting from inaccurate or offensive material acquired from the Internet rests with the user. Subscribers must accept all responsibility for any such possible injury not only for themselves but for all others, including children who use their account to access the Internet.

When disseminating information over the Internet, subscribers need to realize that Rainier Connect cannot monitor or verify the information their users create or distribute. Rainier Connect is not your editor or your publisher and will not warrant or vouch for the accuracy or legality of information you choose to pass on to others. Users are cautioned to be aware that they have the same potential for liability as authors, producers and broadcasters have historically had.

Potential damage could be caused to others by copyright infringement, defamation or in other ways. By offering information on the Internet, you are reaching millions of people, so the responsibility should not be taken lightly. You are potentially liable whether your actions are deliberate or accidental. Even though Rainier Connect does not monitor the Internet or the activities of its subscribers and will not do so unless required by statute, court order, or other request from authorities, it is possible that others could intercept information you may be transmitting or receiving. Users are advised to assume that any transmission is NOT secure. Just as has always been the case with postal mail, FAX and telephone, your communications could be intercepted. The risk of this may not be any greater or less than with these other media, however you need to be aware of the possibility. Because there is no practical way to prevent this, Rainier Connect accepts no responsibility for the security of its users' communications.

The following activities are violations of the Rainier Connect Acceptable Use Policy. Some are also illegal and may carry federal or state criminal penalties and possible civil penalties:

• Giving your Rainier Connect Password to Others
  Revealing your Rainier Connect password to others outside your household for purposes of allowing them to use the Internet without paying for it is theft of service. This also compromises your own privacy by enabling others to access your email since the same password is generally used both for logging in and for checking mail.
• Wireless Access Points
  The use of a Wireless Access Point such as a wireless cable modem or wireless switch or router presents security risks that the user needs to be aware of. If you decide to use such a wireless device on your broadband Internet connection and it is not properly configured with a password, WEP Key or WPA Key, others can gain access to your computer(s) and other network devices causing damage to your data, software and the devices themselves. Use of your connection in this manner by others can impinge on your Internet bandwidth and degrade your own service. Further, these unknown persons could use your Internet service for illegal or nefarious purposes. You could be held responsible by law enforcement authorities for these acts of others and possibly become subject to civil or criminal penalties. You acknowledge that you understand this risk and will take steps to properly configure any wireless devices that may be installed on your network so as to prevent unauthorized access to your broadband connection.
• Sharing or Reselling Broadband Service
  Sharing or reselling a consumer-grade broadband connection such as DSL, is in violation of Rainier Connect Acceptable Use Policy and will be considered theft of service. This type of account is intended for the use of one family or one business within a single premises. Sharing of service with other families or other businesses, whether or not you charge them for their use of the service, is not permitted.
• Cracking (most common improperly referred to as hacking)
  Unauthorized or illegal accessing of computers or networks, whether or not damage is caused. A large group of activities falls into this category which is commonly known as "Hacking".
• Distribution of Viruses
  Deliberate distribution of Computer Viruses or other destructive software technologies such as Worms, Trojan Horses or E-Mail bombs
• E-Mail Spamming
  Unsolicited, mass emailing or posting to Usenet newsgroups, usually for commercial purposes is a greatly controversial and discouraged practice throughout the Internet, both by users and ISP's. Large quantities of unwanted email and Usenet News postings are wasteful of Internet resources and an invasion of the privacy of other users. In addition they can potentially disrupt email and other services provided by Rainier Connect or other ISP's due to causing loads in excess of those for which their systems were designed.
• Copyright and Other Intellectual Property Rights Violations
  Unauthorized copying and distribution of copyrighted materials regardless of the media - ( including but not limited to: text & images whether downloaded from the Internet or scanned from a magazine or other publication , music & other sound files whether downloaded or recorded from a record, tape or CD, video regardless of its source, software whether downloaded or otherwise copied ) or any other intellectual property using your Rainier Connect account. This includes displaying of graphics or text on your own web page without the express permission of the party who created them. The general rule is: If you didn't create it yourself, or the person(s) who created it has not specifically given permission to use it, don't display or distribute it in any way even if you give them credit for it. It is usually OK to place a link to someone else's page, but actually using their materials on your page is a violation of copyright.
• Harassment
  Harassment of others by email or any other method using the Internet
• Distribution of Export Controlled Software
  Certain encryption software is restricted for export by the US government. You are not permitted to distribute this software to others who live outside the United States.
• Defamation
  Defamation or false statements about others can result in lawsuits against either the person making the statement or against the ISP who provides you with Internet access
• Obscenity
  Distribution of obscene speech, images or other materials

Rainier Connect wishes all users to enjoy the Internet to its utmost and this policy is not intended to frighten users. In most cases, good common sense, moral behavior will result in compliance with the policy. A set of informal guidelines for courteous Internet behavior, known as RFC 1855 or "Netiquette" has been drafted by a group of experienced Internet users. Those interested in learning more about how to become good Internet citizens should consider RFC 1855 for further reading. Enjoy your Internet experience, but enjoy it responsibly and safely!