Mountain Computer Wizards
109 Cottonwood Avenue
Post Office Box 4889
Buena Vista, CO 81211

Terms and Conditions of Internet Access

1. DEFINITIONS:
(a) “Service,” as used herein, means any Internet or computer related service offered by Mountain Computer Wizards including, but not limited to, dial-up Internet access, broadband Internet access, e-mail and web site hosting.
(b) "Subscriber," as used herein, means an individual, a corporation, or a legal entity who incurs usage charges for the Service for its own use or who incurs such charges on behalf of a third party, i.e., a User.
(c) "User," as used herein, means a Subscriber who uses Service or an individual, a corporation, or a legal entity whose Service usage charges are incurred by a third party, i.e., Subscriber.
(d) "Internet Provider," as used herein, includes Mountain Computer Wizards, its associates, assigns, agents, and employees.

2. Mountain Computer Wizards will provide Subscriber and its Users the Service on an "as is" basis without any warranties of any kind, either express or implied, including but not limited to warranties of title, timeliness, merchantability or fitness for a particular purpose. Subscriber and its Users expressly agree that use of the Internet is at their sole risk. Neither Internet Provider, nor anyone else involved in creating, producing or delivering the Internet shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the Internet, or inability to use the Internet. Subscriber and its Users also expressly agree that Internet Provider does not warrant that access to the Internet will be uninterrupted or error free. Subscriber and its Users agree to hold Internet Provider harmless from any problems, errors or damages arising from downtime or lost transmissions.

3. Subscriber is responsible for providing and maintaining all telephone, modem and other equipment and services necessary to access the Service including providing adequate surge suppression for connection and computer equipment.

4. Subscriber and its Users have full, unrestricted access to the Internet; which, as a free-flowing information universe, may contain matter considered improper, offensive or even unlawful by some governments, private groups or individuals such as discussions, files, photographs and graphics relating to pornography, religion, politics, racism, criminal activity and the like. By using the Service, Subscriber and its Users accept this and agree to indemnify Internet Provider and hold it harmless from any actions or problems arising from or associated with such matter. Transmission of any material in violation of any U.S. or state regulation is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. Subscriber and its Users agree to indemnify and hold Internet Provider harmless from any claims resulting from use of the Service which damages Subscriber, its Users or another party. Transmission of unrequested and unwanted material which falls under the categories of SPAM or flaming is strictly prohibited. Service of Subscribers and Users who violate this clause may be immediately terminated without notice.

5. Internet Provider reserves the right to disconnect a dial-up account after 20 minutes of inactivity, as detected by Internet Provider through electronic means. This time is approximate and subject to change without notice at Internet Provider's sole discretion. Electronic or mechanical means to avoid an inactivity disconnect are strictly prohibited. Electronic or mechanical means include, but are not limited to, employing electronic or software features to maintain a connection while account is not in active use by a person such as repeatedly checking for e-mail or by causing repeated pinging of a host or server. Internet Provider reserves the right to electronically audit connections to enforce the above requirements.

6. Cancellation of broadband accounts, such as wireless or DSL, requires 90 days notice to Internet Provider.

7. Internet Provider reserves the right of full access to Subscriber's outdoor wireless equipment at any time, with or without notice to Subscriber, to perform maintenance or repairs which may affect other Subscribers. Subscriber shall notify Internet Provider of any potential problems associated with Internet Providers access to Subscriber's equipment such as security gates or vicious dogs.

8. Internet Provider reserves the right to refuse Service or cancel Service at its sole discretion to any Subscriber at any time for any reason. Should Internet Provider suspend or terminate Service pursuant to this agreement, Subscriber has no right to any data stored by Internet Provider and Internet Provider will be under no obligation to make such data or any copies of it available to subscriber in any form whatsoever.

9. Internet Provider reserves the right to modify or delete any data stored by Internet Provider which it, at its sole discretion, considers inappropriate or suspects of being illegal including, but not limited to, e-mail, web pages, graphics files, program files and data files.

10. Upon notice published on Internet Provider's web site, www.RockyMountains.net, Internet Provider may modify this agreement or prices of Service at any time without prior notice.