If you do not agree to these terms and conditions, please notify us at 717-848-1439 so we may initiate a closure of your account.

1.0 Provision of services

1.1 Cyberia will provide services on its computing and network systems to individual account holders in exchange for payment of fees and compliance with the terms and conditions of this document.

1.2 Cyberia Services are defined as the use by the account holder of computing, telecommunications, Cyberia's Shareware Installation software, and information services provided by Cyberia Communications. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Global Internet. This agreement is for Cyberia's Internet services and does not include Cyberia's Bulletin Board Service.

1.3 Cyberia's Services includes access to areas on the Internet which may contain language or pictures about subjects intended for Adult audiences. Account holders less than 18 years old must have a parent or legal guardian agree to these conditions to indicate acceptance and knowledge of this.

1.4 Cyberia will publish a notice of fee increases 30 days before such increases take effect.

2.0 Use of Material

2.1 Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using Cyberia services. Account holders may also re-distribute materials in the public domain. The account holder assumes all risks regarding the determination of whether the material is in the public domain.

2.2 As provided by United States federal law and by International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using Cyberia services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor the copyright notices be modified.

2.3 Note that some materials available on the Global Internet are called "SHAREWARE." These materials may be downloaded and used, but they are copyrighted materials. The copyright holder usually gives permission to use the materials for examination. If you choose to continue using the materials, the copyright holder requests that you register your usage and may ask that you pay a license fee.

3.0 Use of Services

3.1 Cyberia Internet accounts are for individual users and the account holder therefore agrees not to share the password of the account. The account holder acknowledges that Cyberia will terminate the account without notice if the account holder does not comply.

3.2 The account holder agrees to use the services provided by Cyberia as permitted by applicable local, state, and federal laws. The account holder agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law.

3.3 The account holder acknowledges that Cyberia is a commercial entity. Cyberia and connecting networks may be used by account holders to conduct legal businesses. These businesses should, however, not impinge upon the use of Cyberia services by other account holders. Cyberia services should not be used to send unsolicited advertising or promotional materials to other network users. Electronic mail and appropriate USENET newsgroups may be used in the conduct of legitimate businesses.

4.0 Indemnification

4.1 The account holder acknowledges that Cyberia makes an honest effort to keep the information available on Cyberia's systems accurate. However, Cyberia can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through Cyberia is at the risk of the account holder.

4.2 The account holder also acknowledges that the information available through the interconnecting networks may not be accurate. Cyberia has no ability or authority over the material. Cyberia can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through Cyberia services is at the risk of the account holder.

4.3 The account holder agrees to indemnify and hold Cyberia harmless from any claims, including attorney's fees, resulting from the account holder receiving Cyberia services which cause direct or indirect damage to another party.

5.0 Payment of fees and penalties.

5.1 Internet accounts are available on 1 Month, 3 Months, 6 Months, and Yearly billing schedules. All charges are payable in advance of the usage period. Account holders using Credit Cards, will have their fees automatically charged to their card on a regular basis (ie, Monthly, Quarterly, Bi-Annually or Annually). Invoiced accounts are available for businesses on 6 Month and Yearly accounts. Individuals and Businesses will not be invoiced or billed for 1 Month or 3 Month accounts. Individual or Business account holders of 1 or 3 month acounts are responsible for sending in their payment before their account is due. 1 Month and 3 Month account holders will be emailed when their payment is past due and they will have 7 days from the date of that email to make payment to Cyberia Communications, Inc. before their account will be put on "account hold" status.

5.2 Service payments will be submitted in advance of receiving services.

5.3 Delinquent accounts are those that expire or remain unpaid at the end of their billing period.

5.4 Accounts that are delinquent are put on "account hold" and may not be used. Accounts that are unpaid will automatically have their files/e-mail archived for 30 days. Accounts that are unpaid for more than 30 days will have their files/e-mail purged. An account that has been put on "account hold" 5 times, will require that the account holder move to a 6 or 12 month billing cycle and pay by credit card only.

5.5 There is a service reconnection charge of $10.00 to remove accounts from account hold status.

5.6 The account holder acknowledges responsibility for the account until payment in full is made.

5.7 Accounts are offered on a flat-rate basis and are not considered dedicated. Customers may use their accounts for as long as they desire, but may not maintain unattended sessions which tie up Cyberia's connection lines. Accounts found to be running unattended sessions will be either cancelled or charged the current dedicated line rates.

6.0 Account Cancellations

6.1 Cancellation requests for Cyberia accounts must be received via phone to Cyberia's billing department. Such requests must be received by 5 pm, at least 5 business days prior to the account holders billing date. Cancelled accounts that require a refund will be processed within 4 to 6 weeks. Cyberia does not refund partial months.

6.2 All Cyberia accounts must be paid in full before the transaction will be considered complete.

7.0 Abuse of Services

7.1 Any use of Cyberia system resources that disrupts the normal use of the system for other Cyberia customers is considered to be abuse of system resources and is grounds for administrative intervention.

7.2 Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or have their account suspended. Suspended accounts may require the payment of a service reconnection charge at Cyberia's discretion.

7.3 Violations of any of the Cyberia conditions of use are unethical and may be criminal offenses. You are expected to report to Cyberia any information you may have concerning instances in which the conditions of use have been or are being violated. When Cyberia becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, Cyberia may suspend access to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at Cyberia's discretion, following payment of a reconnection charge.

8. Severability

8.1 In the event that one or more of the provisions in this agreement shall, for any reason, be held to be unenforceable in any respect, by court of competent jurisdiction, such enforceability shall not effect any other provision of this Agreement, but this Agreement shall then be construed as if such unenforceable provision(s) had never been contained herein.

9.0 Privacy

9.1 Pursuant to the Electronic Communications Privacy Act of 1986 (18 U.S.C. 2510 et seq.), notice is hereby given that there are no facilities provided by this system for sending or receiving private or confidential electronic communications.

9.2 The system operators reserve the right to delete any message, regardless of whether such message has been received by its intended recipient(s).

10.0 Choice of Law

10.1 Cyberia can be reached by callers from all 50 states, and around the world. Each of these places has a different set of laws. Since we cannot keep track of all these laws and their requirements, you agree that the law in our own state, Pennsylvania, will apply to all matters relating to this agreement and to our service. In addition, you agree and consent that if you ever take legal action against us, the courts in our own state, Pennsylvania, will have exclusive jurisdiction over any such legal matters.

11. Waiver and Survival

11.1 The failure of either party to insist in one or more instances upon strict performance or conditions of this Agreement, or to exercise any option herein contained, shall not be construed as a waiver, or relinquishment for the future, of such promise, condition, or option, but the same shall remain and continue in full force and effect.