CONDITIONS OF USE.

Please read the following conditions of use carefully. They describe your rights as a consumer and Ultima's obligations to you when you use Ultima Networks services. The use of Ultima's services constitutes acceptance of these Conditions of Use as between you and Ultima.

PRIVACY

Ultima is aware of privacy concerns of users of its services and attempts to respect those concerns in its business practices. Ultima does not sell or knowingly share personal information acquired in the operation of its business with any third party. The Internet is not a private and secure medium of communication. Thus you should not have an expectation of privacy in your information which passes over the Internet through Ultima's network. Ultima reserves the right to monitor any and all information which passes through its network for technical and management purposes only.

CONTENT

Use of or reliance on any information obtained on the Internet, via Ultima networks, is at your own risk. Ultima exercises no control whatsoever over the content of the information passing through its networks. Ultima makes no warranties of any kind, whether expressed or implied, as to the availability, accuracy, or content of the information, products, or services available from third parties.

LIMITATION OF LIABILITY

Ultima attempts to offer reliable service at all times for its customers. Technical difficulties do occur, however, thus Ultima disclaims any liability for damages due to down time or other technical difficulties. Ultima is not responsible for consequential damages such as lost profits or damage to users business. The sole remedy for damage to the user of the system shall be a prorated refund of fees paid for the time the system was not operational. Ultima also disclaims any warranty of merchantability or fitness for any particular purpose.

DIAL-UP SERVICE

All individual accounts include 24-hour limited access to Ultima's networks. Unless otherwise specified, an individual account entitles only one dial-up session (modem and phone line) at any one time. Any additional logon attempts during an active dial-up session will automatically constitute a breach of these Conditions of use and subject the owner of the account to an additional user fee equal to the current monthly charges.

EMAIL

Sending unsolicited electronic mail (email) messages where the recipient objects to the content of the message or to the receipt of the message in general is prohibited under this Section.

The user acknowledges that he/she is expressly prohibited from utilizing Ultima's service, Ultima's equipment or any Ultima email address in connection with the sending of the same or substantially similar unsolicited email message, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of Ultima's service, Ultima's equipment or any Ultima email address(es).

A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. Cross-posting advertisements to more than ten (10) unrelated newsgroups is considered unsolicited email.

The user specifically agrees that he/she/it will not utilize the Ultima service, Ultima's equipment or any Ultima email address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or 15 or more newsgroups in a single day. Users responsible for these acts may be terminated at Ultima's discretion. For each day upon which this provision is violated, user agrees to pay Ultima $5.00 per day for an unintentional violation of this provision, but where warranted, such as in the case of an accidental transmission, Ultima may waive all or part of the applicable charge. In cases of willful violations of this provision, user agrees to pay Ultima $250.00 per day. Ultima at its sole discretion shall determine whether such a violation was unintentional or willful. Payment by member under this provision shall not prevent Ultima from seeking to obtain other legal remedies against member, including other damages, attorney fees or an injunctive relief.

SUSPECTED WRONGDOING

Ultima reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to:

• Unauthorized reproduction or use of copyrighted material including, but not limited to, digitization and distribution of text or photographs from magazines, books, or other copyrighted sources, and copyrighted software.
• Exporting software or technical information in violation of U.S. export control laws.
• Posting or emailing of scams such as 'make-money-fast' schemes or 'pyramid/chain' letters.
• Threatening bodily harm or property damage to individuals or groups.
• Making fraudulent offers of products, items, or services originating from your account.
• Attempting to access the accounts of others, or attempting to penetrate security measures of Ultima's or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data.
• The unauthorized use of a person's name or likeness.
• Defamatory or libelous materials
• Trademark, trade secret, or patent violations or allegations.

BILLING

The user agrees to pay Ultima all appropriate fees according to Ultima's Billing Policy. Click here to view policy.

TERMINATION BY ULTIMA

Any violation of the Conditions of Use may lead to termination of your account and any additional penalties as set out herein or any other remedy allowed by law. Further, Ultima reserves the right to cancel any account without cause on three days email notice or without notice for cause.

TERMINATION BY USER

Account cancellation by the user shall be in writing. All accounts are billed for the full price of the last calendar month of service.

REVISIONS TO CONDITIONS OF USE

Ultima reserves the right to modify the Conditions of Use at any time. Notice of modifications may be given by posting on Ultima's home page (http://www.ultimanet.com), by email, or by conventional mail.

last update 01/05/99