TERMS OF SERVICE AND ACCEPTABLE USE POLICIES

TERMS OF SERVICE AND ACCEPTABLE USE POLICIES

These Terms Of Service And Acceptable Use Policies ("Terms and Policies") are an essential part of your relationship with Barlick.Net. By using your Barlick.Net account, you agree to all of the Terms and Policies set out in this document.

1. General Terms and Policies. BARLICK.NET is a private company providing a commercial gateway to the Internet. Barlick.Net equipment and facilities may be used to send electronic mail, conduct commercial transactions, access the World Wide Web, newsgroups and private networks, engage in on-line chat sessions, transfer files, enjoy audio and video programming, and otherwise participate in all legal aspects of the Internet (these uses are referred to in this document as "the Service"), subject to these Terms and Policies.

The Service is provided to authorized persons or organizations (referred to in this document as "Subscriber" or "you"). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of theses Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.

Barlick.Net grants you a non-exclusive right to access, use and display the Service on any computers or other electronic display devices of which you are a primary user. You may not assign, sub-license or transfer any rights or obligations of the Service without the express written consent of BARLICK.NET.

2. Coverage. If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you.

3. Prices and Charges. Barlick.Net charges are as follows:

Unsolicited Bulk E-mail ("spam") cleanup 5.00+ 0.01p per message sent + 0.05p per complaint received by Barlick.Net. --OR— 10.00 per hour spent by Barlick.Net personnel

Charges are due within 30 days of the date on Barlick.Net invoice. Payments received after that date will incur a late payment charge of [1.5]% of the total amount past due.

5. Grounds for Suspension and Termination. You agree to comply with these Terms and Policies, as well as the applicable rules, regulations and policies of any network, bulletin board, news group, web site or Internet Service Provider accessed through the Service. Any violation of either these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Barlick.Net to suspend or terminate your account. You agree that Barlick.Net has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:

a.Using the Service in a way which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law);

b.Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail ("spamming"); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity;

c.Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you;

d.Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or USENET postings, or using any other method to disguise the sender’s identity or location;

e.Excessively using the Service in such a way as to limit the bandwidth available to others, including, but not limited to, download traffic of 100 megabytes or more per day for the Subscriber’s web page or site, sending e-mail traffic in excess of 10 megabytes per day, or the use of ping, e-mail check, excessive IRC logging, or any automated program with the sole intent of creating a continuous connection;

f.Posting commercial messages to a USENET group where the posting is not approved by the specific USENET group in its charter;

g.Using the Service to operate server programs, including, but not limited to mail servers, IRC serves, game servers, ftp servers, Web servers, or streaming audio/video servers.

h.Using the Service to promote or solicit competing Internet services;

i.Using the Service for unauthorized relays through any third party systems;

j.Attempting, in any way, to interfere with or deny service to any user or any host on the Internet;

k.Using the Service for mail-bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional;

l.Using the Service to add or attempt to add addresses to any mailing list (yours or a third party’s) without the explicit positive consent of the addressee(s);

m.Using the Service to forward or post "chain letters" (multiple forwarding) of any type;

n.Attempting to cancel, supersede, or otherwise interfere with e-mail or USENET posts other than your own;

o.Engaging in harassment, whether through language, frequency, or size of messages;

p.Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks; or,

q.Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.

No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, Barlick.Net may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.

6. Security. You agree not to access or attempt to access private areas of the Service. You agree to notify Barlick.Net as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.

7. Intellectual Property. Barlick.Net does not undertake to examine or review messages, files, or other materials which are accessible through, pass through, or reside on the Service. In compliance with the Federal Digital Millennium Copyright Act, Barlick.Net has designated Jon Eaves as the individual to receive complaints about alleged copyright infringement taking place on Barlick.Net’s facilities. To avail yourself of the protections of the Digital Millennium Copyright Act, if you believe that your copyright(s) is being infringed by means of material hosted on Barlick.Net’s facilities, you need to provide a signed notice in writing to jon@barlick.net, continuing a specific identification of the allegedly infringing material and the location(s) on Barlick.Net’s facilities where the materials are to be found. Upon receipt of such written notice, Barlick.Net will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If Barlick.Net receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, Barlick.Net will send you a copy of that notification. Unless you notify BARLICK.NET of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or other wise made accessible again.

8. Liability. You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Barlick.Net, neither Barlick.Net nor any of its affiliates controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. BARLICK.NET neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that Barlick.Net is not responsible for any loss or damage caused by your use of, or reliance on, such material(s).

You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on BARLICK.NET’s equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless BARLICK.NET and its officers, directors, employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.

You agree that, should you use the Service to send or receive voice communications, BARLICK.NET is not acting as a telecommunications carrier or telephone company, that there is no representation made by BARLICK.NET as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that Barlick.Net has no liability of any sort for the failure or lack of quality of such use of the Service.

You agree to be liable for any damages or loss of service which results in damages to BARLICK.NET as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Barlick.Net may pursue any such claims against you in District Court.

9. Warranty. BARLICK.NET MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD Barlick.Net ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY BARLICK.NET OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.

THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY Barlick.Net ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; BARLICK.NET DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. Barlick.Net DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.

10. Content. You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. BARLICK.NET has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.

11. Dial-up Connection. Barlick.Net may terminate a dial-up Subscriber’s connection following 60 days of inactivity or as determined by Barlick.Net in its sole discretion.

12. Privacy. Barlick.Net commits to follow the controlling Federal and state laws respecting Subscriber privacy and data access. Barlick.Net will not provide names, addresses, telephone numbers, e-mail addresses, or other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or as required under an appropriate court or administrative directive, including a facially valid subpoena, or as necessary to render the Service. Barlick.Net may provide aggregate data on Subscribers to third parties in the operation of Barlick.Net’s business.

14. Governing Law. These Terms and Policies are governed in all respects under English laws.

15. Amendments. These Terms and Policies may be amended in any respect at any time by BARLICK.NET upon the posting of the amended Terms and Policies on the signup section of the Service. Your continued use of the Service will be deemed consent to any such amended Terms and Policies. If you do not wish to continue to use the Service as a result of any such amended Terms and Policies, you may provide notice of your wish to terminate your use of the Service to webmaster@barlick.net.

NOTICE

This system is the private property of Barlick.net and is provided solely for the use of subscribers and of third parties who are accessing materials posted by subscribers for access on this system.

By providing services to subscribers, Barlick.net does not intend to and does not hold itself out as a service for the use or accommodation of the public generally, and Barlick.Net does not undertake to provide service, information, or support to any persons who are not subscribers. Access to this service may be suspended, withdrawn, limited, or terminated by Barlick.Net at any time without prior notice.

All information which may be accessed on this system is copyrighted. To the extent that materials do not bear an explicit copyright legend, you should act under the presumption that copyright is held by the posting subscriber, by Barlick.Net or by a third party. Unless materials are explicitly so labelled, no materials on this system are in the public domain. The design and presentation of this system is copyrighted by Barlick.Net, with all rights reserved; no portion of this system may be copied, duplicated, or downloaded without the specific written prior permission of Barlick.Net. You may request permission by contacting Jon Eaves, jon@eaves.co.uk.

You may not use the facilities of this system to send, relay, forward, bounce, reply, or otherwise route electronic messages to (a) subscribers on this system other than as needed to complete the delivery of individual electronic messages from the subscribers correspondent(s), or (b) third parties who are not subscribers on this system without the prior written permission of Barlick.Net. You may contact Jon Eaves, jon@eaves.co.uk. with questions about these policies. Permission will not be given to send, relay, forward, bounce, reply, or otherwise route unsolicited commercial email, and you may not use this system in any way to send, relay, forward, bounce, reply, or otherwise route unsolicited commercial email to subscribers or to third parties.

Any message(s) you send to subscribers on this system must accurately identify the originating sender of the message(s). A message with a misleading, disguised, or otherwise false originating address will be treated as unsolicited commercial email and disposed of accordingly.

NOTICE

This system is the private property of Barlick.Net and is provided solely for the use of subscribers and of third parties who are accessing materials posted by subscribers for access on this system.

By providing services to subscribers, Barlick.Net does not intend to and does not hold itself out as a service for the use or accommodation of the public generally, and Barlick.Net does not undertake to provide service, information, or support to any persons who are not subscribers. Access to this service may be suspended, withdrawn, limited, or terminated by Barlick.Net at any time without prior notice.

All information which may be accessed on this system is copyrighted. To the extent that materials do not bear an explicit copyright legend, you should act under the presumption that copyright is held by the posting subscriber, by Barlick.Net, or by a third party. Unless materials are explicitly so labelled, no materials on this system are in the public domain. The design and presentation of this system is copyrighted by Barlick.Net, with all rights reserved; no portion of this system may be copied, duplicated, or downloaded without the specific written prior permission of Barlick.Net. You may request permission by contacting Jon Eaves, jon@eaves.co.uk.

Barlick.Net specifically denies all persons who are not subscribers on this system the right, privilege, license, or sufferance to use the facilities of this system for any purpose other than those stated above. Any use or attempted use of the facilities of this system for commercial purposes by third parties not subscribers on this system will be treated as trespass and theft, and will be referred to the appropriate law enforcement officials for prosecution under state and Federal law barring the unauthorized use of computer systems. Barlick.Net reserves the right to pursue parties who are not subscribers on this system for all costs and damages arising from or related to their unauthorized use or attempted use of this system, and to block transmission of messages from any person, address, domain, company, or other entity which in Barlick.Net’s sole discretion is causing harm to or may cause harm to this system.

These policies may be changed at any time by Barlick.Net.

Dated: 28 March 2000.

Barlick.Net

Privacy of Information. Information which you provide to Barlick.Net as part of your use of this site will be used by Barlick.Net only to process your order, and Barlick.Net will not, without your permission, distribute, sell, or rent your name or information about you to any third party. Barlick.Net may share information about you with its corporate affiliates as needed to process your order and any associated credit billing. Barlick.Net may utilize various methods of data storage and retrieval (including ‘cookies’) to assist in processing your orders efficiently Barlick.Net may provide third parties with aggregate information about the use of this site which does not reveal details of any particular purchaser without your specific permission. To the extent that you give your permission, Barlick.Net may use personal information about you for other business purposes at any time.