A division of Mescalero Apache Telecom, Inc.

Billing Policies and Service Agreement

SOFTWARE RETURN POLICY
Any software packages are non-refundable regardless of the condition when returned. This includes CD's and/or diskettes.

UNUSED TIME
Billing does not pro-rate bills based on unused time except in the case of year payments. It is recommended that customers cancel on the anniversary date of their account or a few days before the beginning of the next month.

COMPUTER OR TELEPHONE CARRIER DIFFICULTIES
Refunds and/or credits will not be given for time lost by the customer because of computer problems or telephone carrier problems. We encourage customers to call MATNET to suspend their account until computer or carrier problems are resolved. Customers with suspended accounts will not be charged for the billing period interrupted by these problems, but will be able to use email accounts from another computer or location.

SERVICE AGREEMENT
MATNET is a supplier of Internet access and related services. At all times, MATNET will use its best efforts to provide uninterrupted Internet access and web presence on the Internet. Except for products or services clearly identified as being supplied by MATNET, neither MATNET nor any of its affiliates operates or controls any information, products, or services - merchandise, products, or services offered or made available or accessible through MATNET or on the Internet generally, are not the responsibility of MATNET or its affiliates. In order to provide the best possible services to all of our customers we ask you to honor certain limitations on your service.

DIAL-UP SERVICE DEFINITION AND LIMITS
You purchase Dial-up service from MATNET on a month to month basis. The cost of the dial-up service is 16.95 per month. You may notify MATNET that you wish to cancel your current account at any time. MATNET does not allow partial refunds or credit for the current month, or for any period of time that you did not use the service for whatever reason. We will be happy to suspend your account and/or forward your email free of charge should you be unable to use the service for some time due to computer or phone line problems, travel, or residence in another area for part of the year.

MATNET provides Dial-up service to you when you use your modem to connect to MATNET through your telephone line to ports provided by MATNET. Your service is unmeasured. We do not monitor your connect time, however we do ask that you be in front of your computer, using the connection or downloading data, actively. We do not allow 24 hour connections under our standard ($16.95 per month) service. Should we discover that you are using the service for excessive amounts of time continuously, we may notify you of the problem and ask you to log out when you are not actively using the service. Should you continue to use the service for excessive amounts of time, we may notify you that we will begin billing you for a 24 hour connection. We anticipate that each of our customers will use the service from three to ten hours per day. There is no strict limit, however we reserve the right to scan our dial-up connections for excessive use should we find ourselves short of phone lines.

You may not use your MATNET service to attempt unlawful access to other computer systems.

You are responsible for the condition of your phone line. In case of poor phone line conditions at your location, MATNET will make reasonable effort to determine the severity of the problem, assist you with technical compensating measures, and advise you on how to contact your telephone provider for additional assistance.

You are responsible for the operating condition of your computer and modem. MATNET does sell modems, and will install them free of charge, providing the installation takes 30 minutes or less. If the installation requires additional time, this time is billed at $20.00 for the next 30 minutes and $30.00/per hour for the remaining time required. This offer is for modem installation only.

You are responsible for assuring that dialup access to MATNET is a local call from your location. (If you have to dial 1 plus the area code, it is not a local call. You are responsible for all long distance charges in this case.) MATNET will try to determine whether your location is a local call. We are not responsible for long distance charges on your phone bill. You are responsible for assuring that you have Unlimited Local Dialing service on you phone line. MATNET is not responsible for local call charges on your phone bill. You may use your dial-up connection from various computers (i.e. at work, at home, on a laptop while traveling). You are allowed, however, two connections at a time.

EMAIL SERVICE DEFINITION AND LIMITS
MATNET standard Dial-up Service includes one mailbox (email account). You may request up to four additional mailboxes at no charge. MATNET does not measure or monitor your email traffic in any way except for using a powerful virus detection program on all e-mail traffic. Should our anti virus software detect a virus in a incoming or outgoing e-mail, it will be immediately deleted. The e-mail mail box that sent the infected e-mail will be notified of the virus activity , along with the mail box it was sent to. MATNET is also notified when a virus is detected. While this protection will be very helpful, it is not completely foolproof.

MATNET will not tolerate abusive or unwelcome communications through our service. Should someone contact us regarding abusive or unwelcome email, we will examine the evidence presented and, if warranted, warn you that you are not to send any more email to that party. If you continue to email that party, you will be notified that your service has been terminated. If you receive abusive or unwelcome communications, MATNET will intervene on your behalf. MATNET will cooperate fully with law enforcement authorities in the investigation of any such criminal act.

MATNET will not tolerate SPAM (unsolicited bulk commercial email). Should we receive complaints of SPAM from your account, we will examine the evidence presented and, if warranted, warn you that you are not to send out SPAM through our service. Should you continue to send out SPAM, you will be notified that your account has been terminated. MATNET takes industry standard measures to reject SPAM from other parties.

WEB SERVICE DEFINITION AND LIMITS
MATNET provides access to the World Wide Web and all public and unrestricted services on the Internet. We do not restrict, filter, or monitor web traffic, You are responsible for acquiring and installing any software you wish to use to detect viruses, filter or limit the content of the Internet, for whatever reason. Some form of virus detection software is strongly recommended, first and foremost.

TECHNICAL SUPPORT
MATNET provides technical support over the telephone and through email. Telephone technical support is available free of charge Monday through Friday from 8 AM to 5 PM. MATNET usually provides a technician to assist you as soon as you call. Should a technician not be available due to illness, extreme demand, or other problems, we will take a message and call you back as soon as possible.

In the event that we are unable to assist you over the phone, a technician will collect information about your case and may ask you to bring your PC to our offices for further assistance. Every effort will be made to assist you with correcting dialup problems. If MATNET cannot correct the problem with your PC, we will assist you with locating other repair options.

It is your responsibility to assure that you have a licensed copy of the Operating System (OS) for your computer. It is sometimes necessary to reinstall networking components on your computer in order to restore service. All computers are delivered with a copy of the OS on CD, Diskette, or installed as an image on the hard drive; or you purchase an OS from a manufacturer or retail store. MATNET makes every effort to assure that you have a valid image of your OS before we assist you with reinstalling network components. MATNET will not be responsible if you do not have a valid image of your OS.

You are responsible for the operating condition of your computer and modem. MATNET technical support is limited to helping you solve problems with connecting to and using your Dial-up service, email, and accessing the Internet via our internet services.

ENFORCEMENT
MATNET understands that appropriate use the internet can be confusing at times. While it is not our intent to punish someone for not fully understanding the impact of their actions, we do reserve the right to cancel the account privileges of anyone who purposefully and repeatedly abuses our computing and networking resources or infringes on the rights of our other customers. Our goal is to help you to use the Internet responsibly and effectively.

LAW ENFORCEMENT
MATNET cooperates fully with federal, state, and local law enforcement officials in any investigations of criminal activity.


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