We may revise this agreement, so check this agreement periodically. Your use of the service will confirm that you are in agreement to these terms and conditions as well as your acceptance of the changes we make to the agreement. Thank you once again for choosing Hawkeye Wireless as your gateway to the InternetJ

This page explains Hawkeye Wireless policies regarding behavior and Internet usage of our system. Please read it so you are informed of what is permissible and what is prohibited when using your Hawkeye Wireless account.

System abuse is strictly prohibited! The Internet is a cooperative effort therefore it is not permitted for a single user to cause problems for everyone. Any user who violates these policies is hereby served notice that their account will be deactivated immediately to avoid additional problems. Hawkeye Wireless works in conjunction with other providers to ensure coexistence. If a user on the Hawkeye Wireless system causes problems on another system, we have to treat the problem as if that user caused problems on Hawkeye Wireless's system, and will take the necessary actions, including removing the problem user from the system. Users, who cause problems on IRC servers, by hacking fake usernames or running "bots", will not be tolerated. Hawkeye Wireless will terminate service immediately and reserves the right to bill for any resulting charges.

Our Responsibilities

We agree to:

Provide members with Hawkeye Wireless quality care.
Take steps to protect members' privacy.
Inform you of the legal conditions that apply to your use of Hawkeye Wireless Service.
Hawkeye Wireless is not responsible for telephone company charges that may accrue.

Your Responsibilities
You agree to:

Meet our requirements regarding eligibility, payment, and your E-mail I.D.;
Preserve our rights and the rights of others; and
Observe the ABC’s of Hawkeye Wireless etiquette

It is your responsibility to notify Hawkeye Wireless of any changes to your account. These changes include address, phone numbers, credit card information. Notification within 15 days of any changes to your account will help ensure that your service is not interrupted.
Personal Account Conditions
"Personal" accounts are for personal use only! Please don’t share your account, sublet time on your account, or conduct business via your personal account webpage. You are permitted to use your personal account for as long as you want each day, as long as it is actually you using the computer. Please note that any personal web page receiving more than 500 Megabytes of transfers in a one-month period is subject to an excessive use charge to be determined by Hawkeye Wireless according to the offense. Please keep in mind that if you want to conduct business on your web page, you will need a corporate account. Mailbox storage space is not to exceed 5 Megabytes for a personal account. Any Mailbox using storage space exceeding the space limit is subject to an excessive use charge to be determined by Hawkeye Wireless according to the offense.

Stay Up to Date
To keep you informed of changes to this agreement, we'll notify you by posting the updated form of this agreement on the Hawkeye Wireless Web Site, or by E-mail, by U.S. mail, or by posting a message to some area of the service.

Hawkeye Wireless – Quality Customer Care
If you are a member and you have any questions, need to resolve problems with your service, believe someone is using your account improperly, or wish to update the information you gave during registration, you may contact Hawkeye Wireless Customer Care by:

Calling 800-354-1980 Monday through Friday 9:00AM to 5:00 PM daily.
Sending us an E-mail at one of the following addresses:
- For account changes: sales@Hawkeye Wireless.com
- For account billing information or update: credit@Hawkeye Wireless.com

- For account technical problems: techhelp@Hawkeye Wireless.com

In addition, you may cancel your Service by calling 800-354-1980 or by sending us an E-mail at sales@Hawkeye Wireless.com. While we encourage you to use one of the methods described above to reach us, you may also communicate with us by sending a first class, postage paid letter via courier or U.S. mail to:
Hawkeye Wireless Customer Care
P.O. Box 58
Fort Dodge, IA 50501

Hawkeye Wireless Privacy Policy

As a Hawkeye Wireless member, you give us information about yourself that we use to conduct our daily business with you. With this Privacy Policy, we want to assure our members that we keep such customer-identifiable information as confidential as possible. We'd also like to make members aware of the control they have over how we use this information.

Our use of this information

Hawkeye Wireless does not sell, trade, or give away this information to other individuals or companies without your consent.
Hawkeye Wireless does use this information for billing purposes, to anticipate and resolve problems with your service, to create and inform you of products and services that better meet your needs, to investigate and help prevent potentially unlawful activity and activity that violates your user agreement, and to respond to your concerns regarding your dealings with Hawkeye Wireless.
Legal Conditions

There is a wide variety and quantity of information available through the Internet using Hawkeye Wireless. While we hope you'll take full advantage of the Internet, please note that we don't have control over most of what's accessible through the service -- in other words, you're responsible for protecting yourself from harmful or inaccurate information.

In the event that a legal dispute arises concerning this agreement, please be aware that these rules apply:

You must begin any legal proceeding within one year after your claim arises. ALL DISPUTES, CONTROVERSIES OR CLAIMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE SERVICE ("DISPUTES") SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION CONDUCTED IN CALIFORNIA, BY A NEUTRAL ARBITRATOR, IN ACCORDANCE WITH THIS AGREEMENT AND THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. The arbitrability of Disputes shall also be determined by the arbitrator. Each party shall bear its own expenses, except that the prevailing party may recover the filing costs and the expenses of the arbitrator from the other party. Any award of the arbitrator shall be in writing and shall state the reasons for the award. Judgment upon an award may be entered in any Court having competent jurisdiction. The arbitrator shall not have the power to award any damages in excess of the applicable dollar limits set forth in or excluded under the "you're responsible" section of this Agreement. The arbitrator shall not have the power to order pre-hearing discovery of documents or the taking of depositions, but may compel attendance of witnesses and the production of documents at the hearing. The Federal Arbitration Act, 9 U.S.C. Sections 1 to 14, shall govern the interpretation and enforcement of this paragraph. The parties, their representatives and participants and the arbitrator shall hold the existence, content and result of the arbitration in confidence, except to the limited extent necessary to enforce a final settlement agreement or to obtain or enforce a judgment on an arbitration decision and award. Disputes relating to your failure to pay billed charges for use of the Service are exempt from the binding arbitration requirement. The foregoing notwithstanding, this agreement shall not prevent Hawkeye Wireless or a member from seeking and obtaining temporary equitable remedies, including temporary restraining orders, from a court with jurisdiction over the parties and the subject matter. A request to a court for interim equitable relief shall not be deemed a waiver of the obligation to arbitrate.
Hawkeye Wireless and each member agrees that Hawkeye Wireless would be irreparably harmed by the use, by members or otherwise, of Hawkeye Wireless service or facilities in connection with the transmission of Spam Newsgroup Postings or Unsolicited E-mail’s in violation of this Agreement, as defined below, and that Hawkeye Wireless shall be entitled to obtain injunctive relief against such transmission. Such remedy shall not be deemed to be an exclusive remedy, but shall be in addition to all other remedies available at law or in equity. Hawkeye Wireless reserves the right to block, filter or delete Unsolicited E-mail.
CALIFORNIA LAW EXCLUDING ITS CHOICE OF LAW RULES WILL APPLY TO THE CONSTRUCTION, INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT.
Hawkeye Wireless and third parties that contribute to the Service may bring claims against you for violations of this agreement.
The words of this agreement, not the conduct between us or any trade practice, will control what the agreement means.
Our decision not to enforce a particular provision of this agreement does not mean that we waive the right to enforce it. We will only waive such a right in writing.
We reserve the right to cancel this agreement without notice for any reason, at any time, you are entitled to cancel when you notify us beforehand. If we cancel your account or terminate our agreement with you for any reason, you agree not to reregister for the Service without our written permission. You agree that your re-registration for the Service following the suspension or cancellation of your account by Hawkeye Wireless without receiving written permission from Hawkeye Wireless will result in a charge to your account of up to $500 as well as termination of your account.
We may assign our rights and duties under this agreement to others at any time without notifying you. You may not assign your rights and duties under this agreement to others.
Provisions concerning the following matters will survive termination of this agreement: legal conditions, payment, and our rights and the rights of others.
Hawkeye Wireless does not guarantee it’s services. Hawkeye Wireless's liability for damage arising from mistakes, omissions, interruptions, delays, errors, defects, computer malfunctions and utility services is limited to the pro-rata charges to the customer for the period in which the problem occurred.
Requirements regarding eligibility, payment, and your E-mail I.D.

Eligibility
To become a member, you have to be at least eighteen years old. You must register using your own name.If you use a credit card for payment, you must provide a credit card account number which is issued in your name or which you are authorized to use. To become a member under a business account, you must be a bona fide employee or independent contractor of that business; to become a member under a school account, you must be a bona fide student, teacher or administrator of that school; and to become a member under a library account, you must be a bona fide employee or independent contractor of that library. To become a member under any non-individual account, you must also register using your own name as a designated user for the account and be authorized to register for the Service using the name of the entity that is on the account.

E-mail I.D.
During registration, we'll ask you to enter the name or number you want as your E-mail I.D or username. If the E-mail I.D. or username you choose is already in use, or if we cannot accept it for any other reason, we'll ask you to enter another, change it, or give one to you.

Payment
Unless you have a separate arrangement such as a multi-user business with Hawkeye Wireless you must pay all charges related to your account and provide all equipment necessary to use your Service.

Please note:

If we change your pricing plan, we'll notify you and allow you to stay with your old plan for at least one more billing cycle.
Hawkeye Wireless billing is based on a calendar month, and there is no pro-rated service. Account cancellations received after the second billing day of the month are non-refundable and the service termination is on the last day of the billing cycle of which the cancellation was received.
If your account is suspended or terminated you may be subject to a $10.00 reinstatement fee to re-activate your account.
Six-month accounts shall not be refunded or unless cancellation is received within 7 days iof the subsequent billing period. All 6 month contracts are billed using the billing method on file.
It is your responsibility to know your billing period.
All returned checks including automatic debits, are subject to a $25.00 returned check fee
If you believe that you have been billed in error you must contact our Billing department within 60 days of the transaction date of the disputed charge. No refunds will be given to transactions that have exceeded the 60 day limitation
Our Rights and the Rights of Others

Hawkeye Wireless enables you to contribute to and gain from a wealth of materials – some owned by Hawkeye Wireless, others owned by third parties. In order to preserve everyone's rights, you must:

Print and download material from the Service for your own, non-commercial purposes only;
Limit the number of number of copies you make of Service-related materials;
Not alter any aspect of the Service;
Comply with the terms and conditions of third parties who provide you with materials, including Software; and
Not deliberately or accidentally export the Software to countries that the U.S. prohibits export to.
ABCs of Hawkeye Wireless Etiquette
To maintain an informative and valuable service, Hawkeye Wireless has established the ABC's of Hawkeye Wireless etiquette. While it is not our intent to control your online communication or monitor its content, we may edit or remove content that we become aware of and determine to be harmful, offensive or otherwise in violation of these ABC's. Violation of these ABC's may also result in the termination or suspension of your account. These ABC's apply to all content provided to or through the service, including E-mail messages, newsgroup postings, chat, and personal web pages.

Act responsibly

1. Don't use the Service to interfere with others' use of the Service or of the Internet in general, to conduct illegal or abusive activity, or to submit materials that violate the rights of others. Specifically:

Do not send messages, data, images or programs that are libelous, defamatory, obscene, pornographic, threatening, abusive, or hateful;
Do not send materials that contain viruses, worms, or any other destructive elements; and
Do not interfere with or infringe the copyrights, trademarks, logos, service marks, or confidential information of others.
2. You may not use or attempt to use the service to violate its security or the security of systems accessible through it.
3. If you leave your service idle, after 15 minutes, we may disconnect you. You may not take action for the purpose of defeating our "idle timeouts" or similar mechanisms. In the event your session has been terminated, you may immediately dial back in to reconnect.

4. Remember that anyone who has unprotected access to your computer will be able to use your Service account freely. Therefore, you should secure your computer equipment so that only authorized users can gain access to your Service account.

5. You may not use your Hawkeye Wireless Service dial-up connection to host a dedicated Internet server site.

6. You may not use your Hawkeye Wireless personal account to conduct business. If you would like to conduct business, you will need a corporate account.

7. You are permitted to use your personal account for as long as you want each day, as long as it is actually you using the computer and do not exceed 150 hours per month. When you exceed 150 hours per month you will be subject to an excessive use charge of $1.00per hour above the initial 150 hours included with the Personal account.

Be Honest

1. You may not resell or otherwise redistribute the service or profit in any other way by providing access to others.

2. If you have an individual account, don't allow others outside of your household to use the Service. If you have a business account, don't let others outside of your bona fide employees or independent contractors use the Service.

3. Unless you're participating in an area of the service that requires or encourages anonymity, use your real name in online communications.

4. You must abide by the terms and conditions applicable to your use of specific features of the Service that may be published on the Hawkeye Wireless Web Site, as well as terms and conditions applicable to other products or services that are available through the service.

Communicate, Don't Inundate

1. Don't post any single message to more than five online forums or newsgroups ("Spam Newsgroup Postings"), and please make sure your message doesn't deviate from the topic or violate the rules of those forums or newsgroups.

2. Don't send a piece of unsolicited commercial E-mail to any person that could reasonably be expected to provoke complaints from its recipients (either shall be "Unsolicited E-mail"). Don't engage in any of the foregoing activities by using the service of another provider, by channeling such activities through a Hawkeye Wireless account, or E-mailer, or otherwise through Hawkeye Wireless, or using the account as a mail drop for responses or in any way indicating to recipients that Hawkeye Wireless was involved in the transmission of the Unsolicited E-mail. We reserve the right not to deliver any outbound E-mail which you address and send to 100 or more recipients in one mailing, or any posting which you send to twenty five or more online forums or newsgroups at one time.

A note on relay Spam: Sometimes someone who is not a member of the service will attempt to relay large numbers of E-mail, in bulk, off of or through one of our servers. We reserve the right to discard that bulk relay E-mail because it is an unauthorized use of our Service. Any E-mail addressed to you in care of the Service that is included may not be delivered to you.

3. If you send Spam you will be charged a fee to be determined by Hawkeye Wireless according to the offense ranging from $50.00 through $500.00
4. Submit promotional materials only in areas of the service designated for that purpose.

5. Don't submit charity requests, petitions for signatures, or any chain mail related materials.

6. Don't engage in any of the foregoing acts that are prohibited by these ABC's, using another service provider.

You're Responsible

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE – PACIFICNET AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE OR COST (INCLUDING CONSEQUENTIAL DAMAGES) YOU OR ANYONE ELSE USING YOUR ACCOUNT MIGHT INCUR DUE TO YOUR USE OR INABILITY TO USE THE SERVICE. IF YOU LIVE IN A STATE WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL Hawkeye Wireless LIABILITY OR THE LIABILITY OF THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE EXCEED (1) FOR INJURY TO PROPERTY OR PERSON CAUSED BY OUR NEGLIGENCE, THE AMOUNT OF DIRECT DAMAGES TO THE PROPERTY OR PERSON, OR (2) FOR ALL OTHER CLAIMS, ACTIONS OR DAMAGES PERMITTED UNDER THIS AGREEMENT, OUR SERVICE CHARGES DURING THE AFFECTED PERIOD.

Hawkeye Wireless AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE MAKE NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING WARRANTIES OF TITLE, NONINFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), REPRESENTATIONS, OR ENDORSEMENTS REGARDING THE SERVICE, THE SOFTWARE, OR ANY THIRD PARTY MATERIAL AVAILABLE THROUGH THE SERVICE. FURTHERMORE, THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS -- WE DO NOT WARRANT THAT THEY WILL BE UNINTERRUPTED OR ARE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

FINALLY, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Hawkeye Wireless AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE FROM ANY LOSS, DAMAGE, OR COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT.

Charge’s Related to Your Account

You agree to pay all fees and other charges incurred on your account, including charges for any purchases made through the service and any surcharges incurred while using any supplemental services or features for which a surcharge is applicable. You agree to pay all applicable taxes and any access charges relating to the use of the Service through your account, whether imposed on Hawkeye Wireless or directly on you, which will be applied and included in bills issued to you. Hawkeye Wireless shall have the right to terminate or suspend your account for failure to pay your bill in a timely manner. You authorize Hawkeye Wireless to charge any amounts payable by you in connection with your use of the Service automatically to the credit card you provided in the registration process or such credit card number or direct check account you provide thereafter. If you choose to bill your use of Hawkeye Wireless service to your credit card, your right to use the service is subject to any limits established by your credit card issuer. Hawkeye Wireless may also make direct check billing options available. If you elect to take advantage of these billing options, you agree to abide by terms and conditions applicable to those options.

Hawkeye Wireless billing is due upon receipt of your bill and must be made in U.S. currency. Time is of the essence for payment, therefore, at our option, late payment and or interest charges may be added to any past due amounts at the lower of 1.5% per month or the maximum rate allowed by law. Acceptance of late or partial payments (even if marked "Paid in Full" or with other restrictions) shall not waive any of our rights to collect the full amount of your Hawkeye Wirelessfees. If payment is not received your service may be interrupted. We may assess an additional fee for any check returned for nonpayment. Notice of any disputes must be in writing and received by us within 30 days after you received your bill or you will waive any objection. You agree to reimburse us for reasonable attorney's fees and any other costs associated with collecting delinquent or dishonored payments.

Owned by Hawkeye Wireless
All aspects of the Service are copyrighted as a collective work under U.S. copyright laws and are owned by Hawkeye Wireless-including Hawkeye Wireless trademarks, service marks, and logos.

Hawkeye Wireless also has a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to use in any way any ideas or materials that you submit to Hawkeye Wireless or the Service.

Owned by third parties
Trademarks, service marks, and logos owned by third parties remain the property of those third parties.

Own
Hawkeye Wireless gives you a non-exclusive, non-assignable right and license to use the Service.

Number of copies
Unless you have the express written consent of the copyright owner, you are limited to making one machine readable copy, one backup copy, and one print copy of any Hawkeye Wireless - provided materials available from the Service.

Alter
For example, you may not modify the Software in any way, or change or delete any copyrights, trademarks, service marks and logos on the Service. In addition, you may not reverse assemble, reverse compile or reverse engineer the Software.

Export the Software
The words "export" and "re-export" mean transferring or releasing the Software to another country or to a national of another country.

You certify that you are a U.S. citizen, U.S. resident alien, or Canadian citizen if you've received or installed:

Software that carries a label restricting its export outside the U.S. or Canada; or
Any other Software that contains language in or on the Software restricting its export outside of the U.S. or Canada.
If you are not an U.S. citizen, U.S. resident alien, or Canadian citizen and have received this Software, please return it to us. Please note that the Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.

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