This document contains the usage policy of the Datacruz network's (hereinafter referred to as "Datacruz") and shall apply to all of Datacruz’s accounts. By logging on to Datacruz's service you agree to ALL terms and conditions set forth in this document. If you do not agree with any part of or all of this policy please log off now. For any further questions please call (219) 254-5254. Charges are accumulated for all time on the system. Note that this acceptable use policy is in addition to the "Service Agreement" and does not replace them.

Datacruz Staff have tried to make as open a usage policy as possible but there are some limitations and conditions that must be in place. These will be listed below. We have tried to keep our regulations to a minimum, so these are the ones that must be obeyed. Failure to comply may result in immediate termination of your account without refund. Please do not try to be creative about circumventing our rules. We're generally nice folks with an excellent reputation for being reasonable; if you have a problem with them, bring it to us.

Remember this: You are responsible for your account. This means that we expect you to maintain a reasonable degree of security and not to share your password or leave it where others can make use of it. Unless we have some reason to believe that your account has been broken into by means essentially beyond your control, we have to hold you responsible for anything done under your login or from your dialup-IP host.

We reserve the right to terminate your account if payments are not made in accordance with the current billing requirements (see billing policy). You are accountable for any fees incurred up to the date of account termination. There will be a $20.00 connection fee to re-open your account.

Datacruz makes no warranties of any kind, expressed or implied. Datacruz takes no responsibility for any damages suffered by you including, but not limited to, loss of data, incorrect data, non-deliveries, misdeliveries, or service interruptions.

You may not do anything illegal or anything that adversely affects Datacruz's legal interests. You may not tamper with other accounts, or commit unauthorized intrusion into any part of Datacruz's system or use any of Datacruz's machines, files or accounts to intrude without authorization into any other system (cracking). You may not use Datacruz services not included in your subscription or devise ways to circumvent security so you have access to services you haven't paid for (theft of services). You may not use the system (willfully or negligently) in a manner that encumbers disk space, processors or other system resources so as to interfere with others' normal use of services on Datacruz or on other systems (a "denial of services" attack). You may not create or participate in chain letters or pyramid schemes. You may not harass users (on Datacruz or elsewhere). Sending email or real-time messages to a user who has asked explicitly and unambiguously that you not do this is harassment. In some cases, a harassing user may be warned against engaging in similar behavior with other users as well.

When using Usenet news, you may not "spam" the net with commercial or non-commercial postings, or maliciously or wantonly flood newsgroups.

Transmission of any material in violation of State, Federal, or International regulation is strictly prohibited. This includes, but is not limited to: copyrighted material, threatening material, obscene material, or materials protected by trade secrets. You agree to indemnify and hold harmless Datacruz from any damages to you or other parties resulting from your use of this service. Datacruz reserves the right to revoke your access at our discretion. Use of any information obtained via this service is at your risk. Datacruz denies any responsibility for the accuracy or quality of information thus obtained.

If you are under the age of 18, you must submit a signed document by a parent/guardian stating they have also read and agree to Datacruz's policy.

These terms and conditions are subject to change without prior notice. A current copy is available on-line through main menu selection. Continued use of your account after a new policy has been posted constitutes acceptance on your part. It is your responsibility to check the policy on a regular basis.

You are responsible to notify Datacruz of any changes in your account information. Fraudulent information may be grounds for immediate disconnect.

There are some restrictions on our non-dedicated accounts as follows: Datacruz requests you limit your time on-line to two hours during "peak" times (8-Midnight). Although Datacruz offers an unlimited usage plan to all users, we do not expect or allow users to stay connected 24 hours a day. This unlimited policy simply means that there will be no additional charges placed on the customer for using the network in excess of a set number of consecutive hours. Instead, we offer one flat rate per month to simplify billing and to limit as little as possible the time users can spend using our service. If the Datacruz staff determines that a user is on our network excessively, that user's connection will be dropped. This is to allow others to use the system and to prevent a few people blocking the lines and preventing other paying customers from receiving service. After a suitable period of time has passed, a few hours, the user will be allowed to re-enter the system. Also, unless specifically stated in your contract, each login ID allows one person to be dialed in to our system at a time. If you need more than one login at a time, ask our staff about multiple logins or extra accounts. We reserve the right to disconnect lines that are camped on our shared lines for extended periods, or using more than one modem. We will only exercise this right when necessary, during peak times, or when we believe a connection has been left up inadvertently. We have a dedicated line account for those who desire continuous connection to the internet.

Disk storage is limited based on the type of account you have. The system is configured to reject additional storage requests if you exceed your limit. Additional storage is available (see Prices). You may cancel your account at any time upon prior written notice to Datacruz. You are responsible for any fees incurred up to the date of service termination. Datacruz will reimburse you for unused fees on a pro-rated basis.

Datacruz is dedicated to preserving a secure system. Intentional disregard for security systems may result in termination of your account.

You may not re-sell, or open your Datacruz account to the general public. If you supply Internet access to parties outside of your own household, or organization, your account will be terminated. This re-sell policy does not include other services such as information resources for the Internet, or information gathering efforts that utilize Datacruz as a resource.

Users may find some topics or materials found on the Internet objectionable. Datacruz is NOT responsible for any information contained on, viewed, or retrieved through the internet. The responsibility lies with the customer and or the originator of such material. Limiting access to certain content is the sole responsibility of the customer and not of Datacruz. Datacruz will not in any way limit access for a customer.

Payment for the use of an account on this system will be expected no later than 2 weeks after the due date. If payment is not received by this date, the account will be de-activated unless other arrangements are made. There is a $20.00 reconnection charge for re-activation of an account that has been revoked due to lack of payment.

The Internet connects all sites equally. There is no distinction generally between a site containing adult subject matter and others containing subject matter that is suitable for all ages. Parents must give, in writing, written consent for anyone under the age of 18 before their account is activated. Neither Datacruz or any systems connected via Datacruz are responsible for limiting access of materials to children. Parents, not the Internet community, must police their own children.

Users are allowed to place their own web page on the Datacruz network for access by other users both here and outside from the net. However, users may NOT! use there web pages for business or any commercial use unless they have a business account. Web services for commercial customers are available from Datacruz, please call for information on these services.

In any legal proceedings the losing party agrees to pay the prevailing party's attorney fees and cost, at trial and on appeal.

In all of these matters, decisions by Datacruz staff are final. This policy covers dial up users only. Datacruz reserves the right to revise and make additions to policy on an as needed basis. For more information about this policy please call (219) 254-5254 or e/mail support@datacruz.com. These rules apply to all dial-up accounts unless a written contract by an authorized representative specifically modifies one or more points of this document. In such a case, all rules not specifically amended still apply.

To discontinue your Internet service, you must notify Datacruz at least 30 days in advance. Failure to do so may incur further liabilities for keeping your account open and other fee's, such as - but not exclusive of, collections fee's, attorney fee's, lates fees, etc. The refund policy may vary based on your own business contract. Datacruz's return policy for residential dialup accounts is as follows. User is liable for any charges made up until the date of termination of their account. If not given a 30 day notice before the requested termination date, you may be liable for an additional months service. We do not give refunds for partial months. "Prepayment" accounts (ie: quarterly or annually) are refunded as follows. First, any discounts made for term service are reversed. Then any months of service, up to an including any months required for the provision of a 30 day notice, are subtracted from the balance. Any amount due after that will be refunded either via check through postal mail, or to the credit card on which it was originally charged. This refund should be made no more than 30 days from the final day of service as determined by Datacruz.

Should you feel that a portion of your bill is incorrect, this does not relieve you from the requirement to pay the undisputed portion of the bill. If you have a dispute of a charge, please contact billing either via email or postal mail within 30 days of the disputed charge appearing on your bill. Please continue to pay any undisputed portion(s). We will work at remedying the situation within 30 days. During that timeperiod you do not have to pay the disputed portion of your bill. If there is merit to the dispute, we will issue the credit withing 30 days for either the full or partial amount we determine to be in error. Should we determine there to be no error, the disputed amount is then considered to be due on its normal date, should this date be prior to the dispute being resolved, a 2 week extension will be given without penalty. Excessive disputes without merit may result in revisions to this policy on an individual basis, which will be delivered in writing via email or postal mail. Abuse of this resolution process by excessive disputes without merit may result in suspension of services.

LAST REVISED: January 22, 2002