This agreement represents the complete agreement and understanding between CyberPathway,and the account holder and supersedes any other written or oral agreement. Upon notice published on-line,CyberPathway may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered.

             If you do not agree to these terms and conditions, please notify us at 208-637-1803, so we may initiate a closure of your account.

1.0 Provision of services

             CyberPathway will provide services to individual account holders in exchange for payment of fees and compliance with the terms and conditions of this document.

             CyberPathway will publish a notice of fee increases 30 days before such increases take effect. The minimum term of the service contract will be 1 year.

2.0 Use of Material

2.1

Public Domain materials (e.g., images, text, and sounds) may be downloaded or uploaded using CyberPathway 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 CyberPathway 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.

3.0 Use of Services

3.1	The account holder agrees to use the services provided by CyberPathway 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.
3.2	The account holder agrees that they will have no references to pornographic material on their site.

4.0 Indemnification

4.1	The account holder acknowledges that CyberPathway makes an honest effort to keep the information available on CyberPathway' systems accurate. However, CyberPathway 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 CyberPathway 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. CyberPathway has no ability or authority over the material. CyberPathway 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 CyberPathway services is at the risk of the account holder.
4.3	The account holder agrees to indemnify and hold CyberPathway harmless from any claims, including attorney's fees, resulting from the account holder receiving CyberPathway services which cause direct or indirect damage to another party.

5.0 Payment of fees and penalties

5.1	The CyberPathway accounting cycle begins on the 1st of each month. Charges for new accounts are prorated. Charges for terminating accounts are not prorated.
5.2	Service payments will be submitted in advance of receiving services.
5.3	Payment is due at beginning of each accounting cycle.
5.4	Delinquent accounts are those that remain unpaid 7 days after beginning of accounting cycle.
5.5	Accounts that are delinquent are put on "accounting hold" and may not be used. Accounts that are unpaid for a whole accounting cycle automatically have their files archived. Accounts that are unpaid for 2 accounting cycles have their files purged. CyberPathway accounts continue to accrue charges while they are on hold.
5.6	There is a service reconnection charge equal to one half the currently charged set-up fee to remove accounts from accounting hold status.
5.7	The account holder acknowledges responsibility for the account until payment in full is made.
5.8	There is a US$15.00 service charge for each returned check.

6.0 Account Cancellations

6.1	Cancellation requests for CyberPathway accounts must be received in writing via fax, or postal service at CyberPathway main office. Such requests must be received by the 5 pm Pacific time on the 15th of the previous month in order to be processed by the beginning of the next accounting cycle.
6.2	All CyberPathway accounts must be paid in full before the transaction will be considered complete.

7.0 Abuse of Services

7.1	Any use of CyberPathway system resources that disrupts the normal use of the system for other CyberPathway customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time.
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 by CyberPathway Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with CyberPathway Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service reconnection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the Operations Manager.
7.3	Violations of any of the CyberPathway conditions of use are unethical and may be criminal offenses. You are expected to report to CyberPathway any information you may have concerning instances in which the conditions of use have been or are being violated. When Cyberpathway becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, CyberPathway may suspend access to services 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 the discretion of the Operations Manager, following payment of a reconnection charge.