: : Service Agreement : :

Personal Service Agreement

General Information: Mach 1 PC Internet Service Broker provides local access service to the global computer network known as the “Internet”.  Mach 1 PC Internet Service Broker makes no claims and accepts no responsibility for the accuracy or content of the material found on the “Internet”.  The User is encouraged to carefully read this document and MUST agree to it before an account will be set up.  If you have any questions, call Mach 1 PC Internet Service Broker at (317) 398-3572.  All changes to this Agreement will be given by posting on Mach 1 PC Internet Service Broker Web site (www.mach1pc.com or www.mach1pc.net) or by electronic mail. “Internet” Access can be metered which means you can be charged a fee based on how much time you're on-line depending if you are on a 150 hours per month Network Plan or an Unlimited Network Plan. Mach1 PC Internet Broker reserves the right to disconnect idle connections and limit usage during peak usage times. This is to insure that all users get an equal chance to log on to the system during peak usage times.  If you need to be permanently connected, please contact us about other account options.  User’s who purchase dedicated connections are responsible for the protection of their assigned telephone number(s). Privacy and Acceptable Use: Mach 1 PC Internet Service Broker provides a gateway for the User to connect to the “Internet”, and as such is acting as a “Common Carrier”. Mach 1 PC Internet Service Broker has no control over the material on the “Internet”.  Some people may find certain material on the “Internet” objectionable.  Mach 1 PC Internet Service Broker assumes no responsibility for any material found on the “Internet”.  Users are free to use any “Internet” service available as long as it is for LEGAL purposes.  Any report of any illegal activity can cause immediate suspension of access and notification of the appropriate authorities.  Mach 1 PC Internet Service Broker reserves the right to suspend or cancel any account at any time.  Mach 1 PC Internet Service Broker will make available to law-enforcement agencies any User’s account information as required by law or if it is necessary to protect Mach1 PC's equipment, staff, or other Users from service interruption or shutdown.  In short, DO NOT ENGAGE IN ANY ILLEGAL ACTIVITY WHILE USING OUR SYSTEM!  Mach 1 PC Internet Service Broker makes no claims or warranties about the security of Mach1 pc’s system, User’s files or User's email. Third-party encryption tools such as PGP and RSA can be used If a User needs to ensure privacy of a file or email message, although Mach 1 PC Internet Service Broker has no affiliation with and makes no claims about the security of any encryption tool a User may choose.

Users should be aware of proper on-line etiquette (netiquette). Guidelines can be found in many “Internet”-related books, magazines, and newsgroups.  A User will be held liable for any temporary or permanent damage done to Mach1 PC’s system due to the User's negligence or lack of netiquette, whether intentional or accidental.  This can include, but is not limited to, the release of computer viruses or worms, “cracking” into unauthorized areas on any system, or sending or causing the receipt of “email bombs” by Mach1 PC’s system.  A User engaged in any such damaging activity, as determined by Mach 1 PC Internet Service Broker, can have their account suspended or canceled, be billed for excessive bandwidth usage and system administrator's time, and be charged for any other damage or loss caused by User’s actions.  Most Users will likely never encounter these situations, but it is important to be aware of the rules and consequences.

User Responsibilities: Users are responsible for all charges associated with their account.  In the event of any unauthorized access to your account, You MUST notify Mach 1 PC Internet Service Broker in writing or by phone; however, the User will remain responsible for all charges until Mach 1 PC Internet Service Broker is notified.  All accounts are for personal, non-assignable access, and used only by undersigned user.  No more than one concurrent User session per account is permitted at any time.  The User is prohibited from lending or giving his/her account password to others.  Minors cannot be Users. The User is expressly prohibited from engaging in any illegal activity using Mach1 PC’s “Internet” Access.  This includes, but is not limited to posting or otherwise disseminating copyrighted material, libelous material, child pornography, soliciting the sale of any illegal substance, service, stolen property or any other action deemed illegal or unlawful by Federal, State, or Local laws.

Charges and Billing: Users are responsible for payment of all services, including the current fees as listed on Mach1 PC’s Web site (www.mach1pc.net).  Credit card, money order, check, or cash may pay fees, although we do not recommend sending cash through the mail and take no responsibility for the loss of your funds if you do this.  Accounts are billed in minimum of one-month increments.  Accounts will not be prorated and no refunds for “unused” days will be given.  Credit cards are automatically billed monthly or in other time increments such as quarterly or yearly depending on your specific payment arrangement.  All payments must be received BEFORE the next billing cycle.  Access to accounts for which payment has not been received will be temporarily suspended until payment is made.  The User is responsible for payment on his/her account until it is officially canceled, whether the account is active or temporarily suspended pending receipt of payment.  This means that you must pay for your account even if your access is suspended.  If you cancel your account while access is temporarily suspended, you are still responsible for all time up to the point when you actually cancel your account.  Access to your account will be temporarily suspended until your payment is received or after 30 days your account will be officially closed and all files and email will be deleted from our system.  If closing your account, you may request tape or floppy archives of all your files currently on our system.  You must supply the media (floppy disks, ZIP Disks, or CD-R) and pay a processing charge.  Your archived data will then be mailed to you.  You must promptly notify Mach 1 PC Internet Service Broker of any changes in credit card expiration date of any card used to automatically charge your account, changes in a home or billing address, and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of a credit card, ID, or password.  Information regarding your credit card number and/or bank account number will be used or disclosed only for the purposes of completing a banking transaction, or as required by law.

Third-Party Sales and Services: There are a variety of merchandise and services available for sale on the “Internet” and are in no way associated with Mach 1 PC Internet Service Broker.  All transactions concerning merchandise and services are solely between Seller and Buyer.  This includes, but is not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery.  Mach 1 PC Internet Service Broker makes no warranties or representations whatsoever with regard to any goods or services provided by the Seller.  Mach 1 PC Internet Service Broker shall not be a party to such Seller transactions or be liable for the costs or damages arising, either directly or indirectly, from the actions or inaction’s of the Seller.

Termination of Service: Mach 1 PC Internet Service Broker may terminate this Agreement and the right to access the “Internet” through Mach1 PC's computer system at any time and without cause by sending notice to the User.  In addition, the User may also terminate this Agreement by giving written notice to Mach 1 PC Internet Service Broker and discontinuing use of Mach1 PC's “Internet” Access Service.

Limitation of Liability: Mach 1 PC Internet Service Broker does not warrant that the services or the information contained on the “Internet” will meet the User's requirements or that the operations of Mach 1 PC Internet Service Broker will be uninterrupted or error-free, nor does Mach 1 PC Internet Service Broker make any warranty as to the results to be obtained from the use of Mach1 PC's “Internet” Access. Under no circumstances, including negligence, shall Mach 1 PC Internet Service Broker be liable for any incidental, special, or consequential damages that result from the use of or inability to use Mach1 PC's service; or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond Mach1 PC’s reasonable control, including but not limited to acts of God, communications line failure, theft, destruction, or unauthorized access to Mach1 PC’s records, programs, or services.  In no event shall Mach1 PC's total liability for all damages, losses, and causes of action, whether in contract, tort, including negligence, or otherwise, exceed the aggregate dollar amount paid under this Service Agreement.

Disclaimer of Warranties: You expressly acknowledge and agree that use of Mach1 PC’s “Internet” Access Service is at your sole risk.  Access is provided “as is” and without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.  No oral advice or written information given by Mach 1 PC Internet Service Broker, its agents, or its employees shall create a warranty, nor shall the User rely on any such information or advice.

Indemnity: The User agrees to indemnify and hold Mach 1 PC Internet Service Broker harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of this Service Agreement, including any information, software, or other content placed on Mach1 PC's computer system or the “Internet” in general.

Waiver of Default:  Failure or delay of Mach1 PC to terminate this contract because of any default shall not operate as a waiver of the right to terminate this contract in the event of any subsequent or other default of the User.

Miscellaneous: The laws of the State of Indiana shall govern this Service Agreement.

Your USE of Mach 1 PC Internet Service Broker Service constitutes your agreement to the rules and guidelines stated on this form.