Nebutel - Melbourne Wireless Internet & Long Distance Provider

1. NebuTel, Inc. requires its subscribers to abide by the rules of conduct described in NebuTel, Inc.'s Online Policies. You agree to abide by NebuTel, Inc.'s Online Policies and that those policies are incorporated into this Agreement. Please take the time to familiarize yourself with those policies.

2. Current Account Charges, including billing methods, rates, and surcharges for using the Access Service, may be found in NebuTel, Inc.'s Online Policies or may be obtained by e-mail or calling NebuTel, Inc.'s Customer Service at (321) 757-6707.

revise the terms and conditions of this Agreement
revise its billing rates and account surcharges, and
revise the services provided under this Agreement at any time. Any such revisions will be binding and effective immediately on posting the revised. Agreement on NebuTel, Inc. home page, or on notification to you by e-mail or United States mail.

4. You agree to review the Agreement periodically to be aware of any such revisions. If any revision to this Agreement is unacceptable to you, you may terminate this Agreement at any time by providing NebuTel, Inc. with written notice by United States mail. Notice of your termination will be effective upon receipt by NebuTel, Inc..

5. You agree that, by continuing to use the Access Service following notice of any revision to the Agreement, you accept any such revisions and agree to abide by any such revisions.

1. You agree to provide NebuTel, Inc. with accurate, complete, and updated registration information. If you do not provide NebuTel, Inc. with accurate registration information, you are not authorized to use the Access Service and your account may be terminated immediately.

2. YOU AGREE THAT BY USING THE ACCESS SERVICE YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. The Internet is not owned, operated, or managed by, or in any way affiliated with NebuTel, Inc. or any of NebuTel, Inc. affiliates. The Internet is an international computer network of both Federal and non-Federal inter-operable packet switched data networks. NebuTel, Inc. cannot and will not guarantee that the Access Service will provide Internet access that is sufficient to meet your needs. You agree that your use of the Access Service and the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.

3. You agree that NebuTel, Inc. retains the right, but not the obligation, to restrict or terminate your Access Service at any time, if NebuTel, Inc., in its sole discretion, determines that you are in violation of this Agreement. You agree that NebuTel, Inc. will have no liability to you for any restriction or termination of your Access Service pursuant to such violation.

4."Unlimited" plans will be monitored on a monthly basis and should not be used for more than 240 hours per month. Users going over 240 hours per month on a continual basis are considered to be dedicated and may be asked to move to a dedicated connection at NebuTel, Inc.'s sole discretion.

1. The Access Service provides you access to information, communications, software, photos, video, graphics, music, sounds and other material and services located both on NebuTel, Inc. computer servers and on the Internet ("Content"). You agree that you must evaluate and bear the risks associated with the subject matter, accuracy, completeness or usefulness of any Content available to you on or through the Access Service.

2. You agree that NebuTel, Inc. has the right, but not the obligation, to remove Content from NebuTel, Inc. computer servers which NebuTel, Inc., in its sole discretion, determines to be in violation of this Agreement or NebuTel, Inc. Online Policies.

3. As a matter of policy, NebuTel, Inc. does not pre-screen Content placed on our computer servers by any of its subscribers. NebuTel, Inc. does not have the practical ability to monitor, review, or restrict, prior to its transmission, Content on NebuTel, Inc. servers which may violate this Agreement or NebuTel, Inc. Online Policies. In addition, NebuTel, Inc. cannot ensure the prompt editing or removal of any Content which may violate this Agreement or NebuTel, Inc. Online Policies after such Content has been posted on our servers.

4. The Internet provides access to individuals who are not NebuTel, Inc. subscribers. NebuTel, Inc. does not have the capability to monitor, review, or restrict any Content made available by third parties on the Internet, nor to edit or remove any such Content after its posting on the Internet.

5. Please be advised that, despite our efforts, you may receive Content which you consider to be inaccurate, defamatory, or otherwise offensive. You agree that NebuTel, Inc. will not be liable for any action or inaction with respect to any Content posted on or through the Access Service and the Internet.

6. The following violations of "Internet Activities" are grounds for immediate suspension of service pending investigation by NebuTel, Inc. and will result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic.

· SPAMMING: Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., 20 or more) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).

· Sending unsolicited mass emailing which provoke complaints from the recipients (see section VII for more info regarding email).

· Engaging in either of the above two from a provider other than NebuTel, Inc. and using an account on NebuTel, Inc. as a mail drop for responses.

· Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by NebuTel, Inc..

· Impersonating another NebuTel, Inc. Subscriber or otherwise falsifying one's NebuTel, Inc. Subscriber name in email, Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)

· Use of Chat/IRC "bots" on NebuTel, Inc., whether on our Chat/IRC server or on any other. Such software may not be stored on NebuTel, Inc..

· NebuTel, Inc. Subscribers whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by NebuTel, Inc..

1. NebuTel, Inc. Access Service provides access to Content that is protected by copyrights, trademarks, intellectual property rights, and other proprietary rights ("Rights") of independent third parties who make such Content available on or through the Access Service.

2. You agree that your use of Content shall be governed by all applicable laws and regulations, and by the specific restrictions placed on such Content by the owners or licensors of the Rights in such Content.

3. You agree not to post or transmit Content that is subject to another party's Rights, on or through the Access Service, without that party's express permission. Such posting or transmitting:

4. You agree to upload to software files, message boards, or otherwise post or transmit on or through the Access Service, only such Content that is not subject to any Rights, unless you have received express authorization to distribute such Content on or through the Access Service by the holder of such Rights.

5. You agree that by posting or transmitting Content to any public area (e.g. public chat rooms, message boards, software libraries) you automatically grant—or warrant that the owner of such Content has expressly granted—NebuTel, Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.

NebuTel, Inc. encourages commercial use of the Internet – in our eyes, the Internet and commerce go hand in hand. However, we have a few guidelines to follow. Failure to abide to these guidelines is grounds for cancellation of service and, in some cases, a $500 penalty and/or reimbursement for damages.

Unsolicited Commercial Email (also called UCE, spam, and bulk email): NebuTel, Inc. prohibits its clients from sending UCE. UCE is defined as ANY unsolicited commercial email, and includes (but is not limited to) email sent to lists compiled from people visiting your Web site without giving express consent to receive product promotions, email sent to a list purchased from an outside source, and email sent to lists culled from news and/or Web postings.

In addition, NebuTel, Inc. clients may not hire an outside source to promote their NebuTel, Inc.-hosted Web site via UCE. Such action reflects on our business policies and we refuse to be in any way connected with anyone who uses UCE.

Any verified complaints about NebuTel, Inc. customers involved in sending, participating in, promoting, or otherwise doing business via UCE will result in immediate cancellation of service and forfeiture of current month's access fees. If serious damage is caused, there may be additional penalties levied.

Newsgroup Spamming: Newsgroup spamming is posting unrelated commercial messages to newsgroups. In other words, don’t post messages promoting your surf shop in the vintage cars newsgroup. Verified complaints about NebuTel, Inc. clients doing so will result in immediate cancellation of service and forfeiture of current month's access fees.

Abusive or threatening email: verified complaints about NebuTel, Inc. clients sending abusive and/or threatening email, whether or not commercial in nature, is grounds for cancellation of service.

SPAM reports: if you suspect a NebuTel, Inc. user of spamming, please submit a report including related SMTP headers to: abuse@spacey.net

1. You agree that your use of the Access Service, the Access Service Software, and the Internet is solely at your own risk. You agree that the Access Service and the Access Service Software is provided on an "as is," "as available" basis without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion.

2. NebuTel, Inc. disclaims any and all loss or liability resulting from, but not limited to:

any other loss or liability resulting from the negligent acts and/or omissions of NebuTel, Inc. or NebuTel, Inc. subscribers

loss and liability resulting from any errors, omissions, or misstatements in any and all information, goods, or services obtained on or through the Access Service, and

3. You agree that NebuTel, Inc.'s entire liability, and your exclusive remedy, with respect to your use of the Access Service, your use of the Access Service Software, and any breach of this Agreement is solely limited to the amount you paid to use the Access Service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, NebuTel, Inc.'s liability is limited to the extent permitted by law.

1. You agree to defend, release, indemnify, and hold NebuTel, Inc., its affiliated companies and licensors, harmless from all liabilities, claims and expenses, including without limitation reasonable attorneys fees, arising from breach of the Agreement by use of, or in connection with the posting or transmission of any content by or through your account on the Access Service.

2. You agree that NebuTel, Inc. has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you pursuant to Paragraph 1 of this section. In such event, you shall have no further obligations pursuant to Paragraph 1 of this section.

1. You agree that you or NebuTel, Inc. may terminate this Agreement for any reason at any time.

3. You agree that NebuTel, Inc. has the right, but not the obligation, to delete all program, data, or other files on NebuTel, Inc. computer servers that are associated with your account at the time of termination.

1. You agree that this Agreement and NebuTel, Inc. Online Policies comprise the entire understanding between NebuTel, Inc. and you, and supercede any prior agreements between you and NebuTel, Inc. with respect to the subject matter of this Agreement.

2. You agree that, if any portion of this Agreement or NebuTel, Inc. Online Policies is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining portions will remain in full force and effect. The Agreement will be governed by the laws of Florida, excluding its conflicts of law rules. You and NebuTel, Inc. each submit to the exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts of Florida.

NebuTel, Inc.'s dedication to customer service means that we strive to maintain an Internet Access Service ("Access Service") that provides our customers with an enjoyable Internet experience; an experience that is free from interference by persons who use the Access Service in an improper or unlawful manner.

NebuTel, Inc.'s Online Policies address frequently asked questions regarding proper online conduct. These policies include information on: Prohibited Activities; the Content of the Online Material that you may find on or through the Access Service; Privacy of Communications; purchasing Online Goods and Services through the Access Service; NebuTel, Inc. Account Charges; and how to report complaints regarding a person's online conduct by using NebuTel, Inc.'s Complaint Response Procedures. NebuTel, Inc. Online Policies, including the following list of Prohibited Activities, are part of your subscriber agreement. If you restrict or inhibit any other subscribers' use or enjoyment of the Access Service by engaging in any of the activities prohibited below, your account may be suspended or terminated.

As explained in your subscriber agreement, your use of NebuTel, Inc. Internet Access Service must be governed by all applicable laws and regulations, including all applicable local, state, national, and international laws and regulations. In addition to other applicable laws, this includes all laws relating to copyright, trademark, obscenity, defamation, the right of privacy, false advertising, and fraud.

In addition to such laws and regulations, when using the Access Service you must use your best efforts to avoid interfering with any other person's use and enjoyment of the Access Service. You must also ensure that your use of the Access Service is governed by the rules of proper Internet conduct. Please use your best judgment, be respectful of other subscribers, and take the time to review the activities listed below. These activities are not proper Internet conduct and are prohibited activities on NebuTel, Inc. Internet Access Service. Following these rules will ensure that everyone has an enjoyable Access Service experience.

If an NebuTel, Inc. Internet account receives no activity from the user for a period of 20 minutes, then NebuTel, Inc. will disconnect and end the session.

For purposes of the Prohibited Activities, the term "information" means material of any type capable of being posted or transmitted on or through the Access Service, including material in print, graphic or pictorial form.

(a) Defamation. You agree not to post or transmit on or through the Access Service any information that is defamatory with respect to a person, business, or other entity, product, or service.

(b) Fraud. You agree not to post or transmit any fraudulent information on or through the Access Service. This means any information that you know or have reason to know is false, and that you intend for others to rely on.

(c) False Advertising. You agree not to post or transmit on or through the Access Service any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.

(d) Unsolicited Advertising. You agree not to post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other Subscribers, individuals, or entities, except in those areas (e.g., the classified areas) that are designated for such a purpose.

(e) Copyright Violations. You agree not to post or transmit on or through the Access Service any information that infringes another person's or entity's copyright in all or any part of the information.

(f) Trademark, Service Mark, and Trade Dress Violations. You agree not to post or transmit on or through the Access Service any information that infringes another person's rights in its trademark, trade dress, or service mark.

(g) Trade Secret Violations. You agree not to post or transmit on or through the Access Service any information that reveals trade secrets belonging to another person, business, service, or other entity.

(h) Obscenity. You agree not to post or transmit any obscene or sexually explicit images or other content on or through the Access Service.

(i) Harassment, Threats, and Abuse. You agree not to use the Access Service to harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or discomfort to any person or entity, by any means, including the use of vulgar, hateful, racially, ethnically, or otherwise objectionable information.

(j) False Pretenses. You agree to not use the Access Service to impersonate any person, including but not limited to, an NebuTel, Inc. official or an information provider, guide, or host, or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication, including, but not limited to, screen names, subscriber profiles, chat dialogue, and message posting.

(k) Chain Letters. You agree to not post or transmit chain letters, or letters or messages that offer a product or service based on the structure of a chain letter, on or through the Access Service.

(l) Inappropriate Content. You agree not to post or transmit on or through the Access Service information that is patently inappropriate material, e.g., information or topics not related to the topics focused on by the participants in a particular news group or mailing list.

(m) Scrolling. You agree not to cause the screen to "scroll" faster than other Subscribers or users are able to type to it, or any action to a similar disruptive effect on or through the Access Service;

(n) Disruptive Activities. You agree not to use the Access Service to disrupt the normal flow of online dialogue, or otherwise act in a manner that negatively affects other Subscribers, users, individuals, or entities.

(o) Violations of Service Providers' Rules. You agree to not use the Access Service to violate any operating rule, policy, or guideline of any other online service provider or interactive service.

(p) Multiple Access. You agree that this Agreement is not transferable. You agree not to simultaneously access the Access Service for more than one session at any time.

(q) Abuse of NebuTel, Inc. Procedures. You agree not to make false or unverified complaints against any NebuTel, Inc. subscriber, or otherwise abuse any of NebuTel, Inc. Complaint Response Procedures.

(r) Systems Abuse. You agree not to abuse NebuTel, Inc.'s system by causing any harm to the system so that it inhibits other users ability to effectively use the system.

(s) SPAM. Post or cross post, regardless of content, of the same message to 20 or more newsgroups.

NebuTel, Inc. Internet Access Service provides access to information, communications, software, photos, video, graphics, music, sounds, and other material and services located both on NebuTel, Inc. computer servers and on the Internet ("Content"). You should be aware that the Internet contains Content and goods & services that you may find improper, obscene, or otherwise offensive. Such Content may not be appropriate for you or for any minors who may be accessing the Internet through your account.

As a matter of policy, NebuTel, Inc. does not pre-screen Content placed on our computer servers by any of our subscribers. NebuTel, Inc. does not have the practical ability to monitor, review, or restrict, prior to its transmission, Content on our servers which may violate NebuTel, Inc. rules, nor can NebuTel, Inc. ensure prompt editing or removal of actually or potentially violating Content after such Content has been posted on our servers. You may, therefore, receive offensive and unsolicited Content that NebuTel, Inc. cannot control. Although NebuTel, Inc. retains the right to remove Content from our computer servers that violates its subscriber agreement, the Access Service provides access to users who are not a part of NebuTel, Inc.. NebuTel, Inc. does not have the capability to monitor, review, or restrict any Content made available by third parties on the Internet, nor to edit or remove any such Content after its posting on the Internet. Accordingly, NebuTel, Inc. cannot be responsible for any conduct, Content, goods, and services available on or through the Access Service.

NebuTel, Inc. suggests that concerned parents consider using one of the commercially available programs capable of restricting access to sexually explicit material on the Internet. NebuTel, Inc. recommends the installation of "SurfWatch," which is now available at our Springfield store. However, no parental control software is perfect. Your use of such software is solely at your own risk. NebuTel, Inc. makes no warranties or representations as to the accuracy, completeness, or usefulness of any parental control software or service.

NebuTel, Inc. intends to respect its Subscribers' privacy and will not randomly monitor or disclose the contents of private e-mail or private chat room communications. However, you agree that NebuTel, Inc. has the right, but not the obligation, to monitor or disclose the contents of private communication, if NebuTel, Inc., in its sole discretion, reasonably believes that such action is necessary:

NebuTel, Inc. does not control, provide, operate, or take responsibility for any Content, goods, or services available on or through the Access Service. You may receive blind opportunity advertisements, pyramid schemes, and other "get rich quick" schemes on or through the Access Service. These should be avoided or approached with ample skepticism. All such Content, goods, and services are made available by independent third parties and are not part of NebuTel, Inc. or controlled by NebuTel, Inc.. Please remember that NebuTel, Inc. does not endorse, warrant, or guarantee the accuracy, completeness, usefulness, quality, or availability of any Content, goods, or services available on or through the Access Service, and your use thereof is solely at your own risk. You should use your best judgment and exercise caution when purchasing a product through the Access Service.

NebuTel, Inc. will not be a party to, or in any way be responsible for, monitoring any purchases or other transactions between you and any other persons providing Content, goods, or services on or through the Access Service. NebuTel, Inc. assumes no responsibility for any such transactions and will not mediate disputes relating to such transactions. NebuTel, Inc. disclaims any responsibility for any such transactions even where the Access Service features or displays a link with a particular World Wide Web site.

By using the Access Service you agree that neither NebuTel, Inc. nor its affiliates shall be held responsible or liable, directly or indirectly, for any loss, liability of any nature, or damage caused, or alleged to have been caused by your use of, or reliance on, any Content, goods, or services available on or through the Access Service.

Your monthly account charges are payable in advance. However, no cancellation fees will apply if you terminate your account. If you terminate your account, you will receive a prorated refund for any access time credited to your account. You are responsible for all activities and charges associated with your account. If any unauthorized charges are made on or through your account, you are responsible for such charges until you notify NebuTel, Inc. of a breach of security by calling NebuTel, Inc. at (321) 757-6707 and changing your password.

If you pay by credit card, you expressly authorize NebuTel, Inc. to charge the credit card account number associated with your Account for any Access Service charges that accrue from month to month. You reauthorize NebuTel, Inc. to charge your designated credit card account each time you use the Access Service. This authorization will remain valid until you terminate your authorization in writing. Your account may be immediately terminated, at NebuTel, Inc.'s sole discretion, for declined credit cards, returned checks, or any other non-payment of account charges. A billing cycle will begin on the date you begin using the Access Service and will continue for one month from that date. A new billing cycle will begin on the day of the month on which you began using the Access Service. If you pay by means other than credit card, your account charges are due on your receipt of an invoice, and payment of your account charges must be received by NebuTel, Inc. prior to the first day of each billing cycle.

Your account will be considered to be in default if payment of your account charges is not received within ten (10) days after the date of your invoice. If your account is still unpaid thirty (30) days after the date of your invoice, you may have your Access Service interrupted or terminated. If any instrument received in payment is returned to NebuTel, Inc. unpaid, your account will be considered to be in default, and in addition to the amount due, you will be subject to a returned check charge of $20.00. If your account is cancelled or interrupted for non-payment, you must continue to pay your monthly account charges. Only your written request to terminate your account will relieve you of your obligation to pay your monthly account charges.

If your account is in default, you are subject to an interest charge of 1.5 percent per month, or the maximum allowable rate under state law. If you default on your account, you agree to pay NebuTel, Inc. its reasonable expenses, including attorneys' fees and collection agency fees, incurred in enforcing NebuTel, Inc. rights under the NebuTel, Inc. Internet Access Agreement.

Our dedication to customer service means that NebuTel, Inc. takes seriously and responds to all complaints about its subscribers' use of the Internet. This means complaints by both NebuTel, Inc. subscribers and complaints by other Internet users. NebuTel, Inc. believes that its customers should be able to enjoy full use of the Internet without interference by persons who use the Internet in an improper or unlawful manner.

NebuTel, Inc. will respond to any complaint that involves online activities that are Prohibited Activities under the NebuTel, Inc. Online Policies. NebuTel, Inc. will follow the Complaint Response Procedures described below to respond to complaints from subscribers and others about NebuTel, Inc. subscribers. Under these procedures, Internet users—including NebuTel, Inc. subscribers—are responsible for monitoring use of the Internet by others. NebuTel, Inc. will issue warnings to its subscribers, suspend subscribers' accounts and even cancel accounts when it learns of continuing improper activities.

If you have any questions regarding these policies, you can call NebuTel, Inc. Customer Service Department at (321) 757-6707.