GIG HARBOR ONLINE
- Service Agreement & Acceptable Use Policy -

(Please print out this agreement for future reference)

Welcome! Thank you for choosing Gig Harbor Online as your gateway to the Internet.

Please note -- we may revise the Agreement, so check this Agreement periodically on the Gig Harbor Online Web Site to stay up to date. Your use of the Service will confirm your agreement to these terms and conditions as well as your acceptance of the changes we make to the Agreement.

SIGN-UP. Your service agreement with Gig Harbor Online officially begins when you register for and request service, submit payment information, and an account for use of Gig Harbor Online Internet access service is established on your behalf. Please note that while Gig Harbor Online does not charge a "setup fee", there is a minimum useage fee of $9.00 for your initial month of service, whether or not you actually use the service for any period of time.

MEMBER ACCOUNT; PASSWORD AND SECURITY You will receive a login identification code and password upon completing the registration process for the Service. You are solely responsible for all use of your Gig Harbor Online account and for the security of your identification codes and any security lock code that you use to protect access to your data, your files name(s) and files, network and user access, and any other information you disseminate through use of the Service or through other Internet services. Therefore, you should secure your computer equipment so that only authorized users can gain access to your Service account. You may not transfer or permit people outside your household to use your Service account. You agree to (a) immediately notify Gig Harbor Online of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.

CONTENT; YOUR CONDUCT AND USE OF THE SERVICE There is a wide variety and quantity of information available through the Internet using Gig Harbor Online. While we hope you'll take full advantage of the Internet, please note that we don't have control over most of what's accessible through the Service -- in other words, you're responsible for protecting yourself from harmful or inaccurate information. Therefore, by registering for and accessing the Service you understand and agree that all information, data, text, messages, postings, or other materials including links to other sites ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Gig Harbor Online, are entirely responsible for all Content that you upload, post, or otherwise transmit via the Service. Gig Harbor Online does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand and agree that by using the Service, you may be exposed to Content that is offensive, indecent, sexually explicit or objectionable. You understand that the technical processing and transmission of the Service, including your Content, may involve a) transmissions over various networks; and b) changes to conform and adapt to technical requirements of connecting networks or devices; and that under no circumstances will Gig Harbor Online be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, or otherwise transmitted via the Service.

Monitoring and Removal of Content. Gig Harbor Online does not pre-screen Content, but Gig Harbor Online and its designees shall have the right (but not the obligation) to monitor any and all traffic routed though the Service, and in their sole discretion to refuse, block, move or remove any Content that is available via the Service. Without limiting the foregoing, we shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us.

Gig Harbor Online cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.

Members agree that all Chat rooms and bulletin boards will be limited to polite conversation or exchange of ideas. These forums are no different from a gathering in person and members agree to conduct themselves as such.

Do not post any single message to more than five online forums or newsgroups ("Spam Newsgroup Postings"), and your message may not deviate from the topic or violate the rules of those forums or newsgroups. do not send: (i) a piece of unsolicited commercial e-mail to any person; or (ii) any other unsolicited e-mail to more than 10 people if such e-mail could reasonably be expected to provoke complaints from its recipients (either shall be "Unsolicited E-Mail"). In addition, you may not engage in any of the foregoing activities by using the service of another provider, by channeling such activities through a Gig Harbor Online account, re-mailer, or otherwise as a mail-drop for responses or in any way indicating to recipients that a Gig Harbor Online account, was involved in the transmission of the Unsolicited E-Mail. We reserve the right not to deliver any outbound e-mail, or any posting which violates the above guidelines.

Do not upload, post, e-mail, or otherwise transmit substantial amounts of e-mail or other data to a person or system with the purpose or effect of impeding the functionality of, or totally disabling the, recipient system. submit promotional materials only in areas of the Service designated for that purpose. do not upload, post, email or otherwise transmit submit charity requests, petitions for signatures, or any chain mail related materials.

A note on relay spam: Sometimes someone who is not a member of the Service will attempt to relay large numbers of e-mail, in bulk, off of or through one of our servers. We reserve the right to discard that bulk relay e-mail because it is an unauthorized use of our Service.

Do not upload, post, e-mail, or otherwise transmit substantial amounts of e-mail or other data to a person or system with the purpose or effect of impeding the functionality of, or totally disabling the, recipient system. submit promotional materials only in areas of the Service designated for that purpose. do not upload, post, email or otherwise transmit submit charity requests, petitions for signatures, or any chain mail related materials.

Gig Harbor Online intends to provide the Service only to individuals who are 18 years or older. By accepting this Service Agreement, you certify that you are 18 years or older. If we learn that you are not at least 18, we may terminate the Service without advance notice to you.

Connection Time. You understand and acknowledge that the Service is intended for your periodic and legitimate active use. As a consumer oriented dial-up service it is not intended, nor is it designed, to provide an "always on" or "always connected" capability. In order to make the Service available fairly to all our members we reserve the right to terminate members' sessions after an extended period of time, and we may establish a minimum "idle time" at our discretion in order to remain connected to the Service, e.g., you must click at least one every 30 minutes. You agree that we may change the minimum idle time without advance notice to you. You may not take action for the purpose of defeating our "idle timeouts" or similar mechanisms. In the event your session has been terminated for any reason, you may immediately dial back in to reconnect. Accounts using the service for periods exceeding 16 hours per day may be terminated.

Service Interruptions. Due to the complex and interconnected nature of the Internet, no Internet Service Provider (ISP) can assure 100% service availability to its customers. Gig Harbor Online works with only the largest and most solid Internet backbone networks, including UUNet, Telia, Starnet and Qwest, and we have a staff of technical support personnel nationwide monitoring our networks 24 hours a day. However, service interruptions can and do occur, though on our networks they are likely to be of very short duration. If you experience a service interruption, please be assured we are aware of it and working to repair the problem as quickly as possible. It is not necessary for you to contact us to report any interruption in service. In most cases, the problem will be fixed very shortly (within a few minutes or perhaps a few hours in severe cases).

Busy Signals. It would be cost-prohibitive for any ISP to provide access for every single customer all of the time. Indeed, most ISPs maintain a 10/1 to 12/1 user/modem ratio, which means that, in actuality, only one in 10 or 12 of their customers can be online at the same time. Gig Harbor Online maintains an 8/1 user/modem ratio, signicantly better than the industry average. However, this means that occasionally you might experience a busy signal. This can manifest itself as an actual busy signal on your phone line, or with your dial-up connection just not being able to connect properly (sometimes seemingly rejecting your password). Often if you simply try again in a few mintues, you will be able to connect. Or you may try one of the alternate local phone numbers we have provided for you.

No Multiple Log-ins. Members may register for multiple Gig Harbor Online accounts. However, only one user may be logged into Gig Harbor Online for any single account at any time regardless of the number of e-mail ID’s associated with that account. In the event that more than one user is logged into a Gig Harbor Online Service account at any time, Gig Harbor Online may terminate the session or the account immediately, and/or charge the account holder the full price applicable to the Gig Harbor Online member’s account (without any discount under any Gig Harbor Online offer) for each simultaneous user.

Technical Support. If you are a member and have questions about the use of the Service or need help resolving a problem with your Service you may use the following for assistance and we will respond to your inquiry as soon as possible: Technical Support Issues

Cancellation. You may cancel your Gig Harbor Online Service by calling 253-858-7508 or e-mailing: info@gigharbor.com. Please provide your login name and password when submitting a request for service cancellation. Upon Gig Harbor Online’s receipt of your cancellation notice, we will cancel the service. No refunds shall be provided for partial service months. Please cancel your service at least 5 days before the end of the month to avoid billing for the subsequent month. While we encourage you to use one of the methods described above to reach us, you may also communicate with us by sending a first class, postage paid letter via courier or U.S. mail to: Gig Harbor Online, P.O. Box 496, Gig Harbor, WA 98335. Please note that while Gig Harbor Online does not charge a "setup fee", there is a minimum useage fee of $17.95 for your initial month of service, whether or not you actually use the service for any period of time.

Gig Harbor Online reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Gig Harbor Online shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Payment. Gig Harbor Online bills your credit card (MasterCard or VISA) between the 1st and 10th of the month for that month's service. Payments may also be made by check. Payment by check is due on or before the 1st day of each calendar month for that month's service. Payment not received by the 10th of each month may result in suspension or cancellation of account. There is a $25 charge for returned checks. There will be a $15 reconnect fee for accounts suspended. Send mailed payments to: Gig Harbor Online, P.O. Box 496, Gig Harbor, WA 98335. Note: If we change your pricing plan, we'll notify you and allow you to stay with your old plan for at least one more billing cycle.

Gig Harbor Online members agree to limit usage of the service to LEGAL private and commercial uses. ANY ILLEGAL ACTIVITY REPORTED WILL BE TURNED OVER TO THE PROPER AUTHORITIES.

Members agree to exercise control over access of their accounts and be responsible for all charges and content delivered or received on their account as evidenced by usage of their user ID.

Lost or Stolen access to user accounts must be reported. Once a report is made Gig Harbor Online will issue a new User ID and account. The user will not be charged for usage to the old account once reported.

YOU’RE RESPONSIBLE; LIABILITY AND INDEMNIFICATION
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND OF YOUR ACCOUNT-- GIG HARBOR ONLINE, RS ENTERPRISES, IVESTNORTHWEST AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE ARE NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) YOU OR ANYONE ELSE USING YOUR ACCOUNT MIGHT INCUR DUE TO YOUR USE OR INABILITY TO USE THE SERVICE. IF YOU LIVE IN A STATE WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL GIG HARBOR ONLINE'S LIABILITY OR THE LIABILITY OF THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE EXCEED (1) FOR INJURY TO PROPERTY OR PERSON CAUSED BY OUR NEGLIGENCE, THE AMOUNT OF DIRECT DAMAGES TO THE PROPERTY OR PERSON, OR (2) FOR ALL OTHER CLAIMS, ACTIONS OR DAMAGES PERMITTED UNDER THIS AGREEMENT, OUR SERVICE CHARGES DURING THE AFFECTED PERIOD. GIG HARBOR ONLINE AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE MAKE NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING WARRANTIES OF TITLE, NONINFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), REPRESENTATIONS, OR ENDORSEMENTS REGARDING THE SERVICE, THE SOFTWARE, OR ANY THIRD PARTY MATERIAL AVAILABLE THROUGH THE SERVICE (INCLUDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE, OR ANY MERCHANTS LISTED ON THE SERVICE). FURTHERMORE, GIG HARBOR ONLINE DOES NOT WARANT THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. FINALLY, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS GIG HARBOR ONLINE, RS ENTERPRISES, AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE FROM ANY LOSS, DAMAGE, OR COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT.

Allegations of misuse of the service as defined by the service agreement and acceptable use policy should be directed to: Info@GigHarbor.Com

Violation of these rules may also result in the termination or suspension of your account.