1. Application. Every provision of this StarNet User Agreement applies to your Principal Account and to any Associate Accounts billed to the Principal Account. The Newspapers may terminate your account(s) without notice. You may terminate your account(s) at any time by calling StarNet support at 520-618-SURF or sending an e-mail to support@azstarnet.com.
2. Non-Transferable. The benefits conferred upon you by this Agreement are not transferable. Use of StarNet accounts is expressly limited to the individual or business whose name appears on the account and to the spouse/domestic partner and the dependents of the account holder living at the same address. In the event that others in your household desire an individual e-mail account, you must contract for an Associate Account.
3. Resale. Resale of StarNet services, including but not limited to dialup service and web space, without the written consent of the Newspapers is strictly forbidden.
4. Acceptable Use and Modifications. You agree to abide by StarNet's Acceptable Use Protocol, (See paragraph 14 below), and by the acceptable use policies of any other network that you may access. This Agreement may be changed or modified from time to time by the Newspapers. Notice of such changes may be provided on-line or by mail. Your use of any StarNet service following the implementation of changes to this Agreement shall constitute your acceptance of any such modification.
5. Use of Service by Minors. StarNet will not issue a subscription to anyone under the age of 18. Any Principal or Associate Account intended for use by a person under age 18 must be sought by that person's parent or legal guardian and the account must be held in the parent or legal guardian's name. You are responsible for the use of your account by your minor children. The Internet is not under the control of the Newspapers or any other single entity or government. At various Internet sites, you may encounter offensive or even obscene material. If you are concerned about material you believe to be inappropriate for your children, you must closely monitor their use of the Internet. We strongly suggest you investigate, obtain and use one of the many software programs available for screening unwanted content. They allow the user to decide what categories of information are acceptable or unacceptable for his or her children and are based on a diversity of editorial standards. Additionally, your PC may already include a filtering program. Parents who allow their children to use StarNet and access the Internet should also teach their children basic principles of safe surfing. Children should never give out their name, address, telephone number or age over the Internet.
6. Passwords. Protect your account by guarding your password carefully. You are responsible for all use of your account(s) and for the confidentiality of any password selected by you. StarNet will suspend or modify your account(s) as soon as practicable after notification from you that a password has been lost, stolen or otherwise compromised.
7. Equipment. You are responsible for providing all telephone, modem and other equipment and services required to access StarNet. The Newspapers assume no liability for any telephone charges incurred by you in accessing StarNet.
8. Billing. You agree to pay all StarNet charges relating to the use of your account(s) according to the rates and prices in effect at the time service is used. StarNet reserves the right to change prices upon 30 days online notice. Failure to use StarNet does not relieve you of payment obligations.
9. Updating Information. You agree to provide the Newspapers with accurate, complete and updated information required by the registration to StarNet. You agree to notify the Newspapers within thirty (30) days of any changes to this information.
10. Credit Limits. We may terminate your access to StarNet if you exceed the credit limit of your credit card issuer or any alternative credit limit we determine. Upon the opening of your account(s), you will be asked to elect payment options. Payment for current services is due upon receipt of a StarNet invoice. Past due accounts may be subject to collection fees and are also subject to termination without notice. Your access to electronic mail is subject to suspension or termination if accounts are overdue more than 30 days.
11. Subscriber Privacy. The Newspapers respects the privacy of its members and will not monitor, edit, or disclose any personal information about you or account, including its contents, without your prior permission unless the Newspapers have a good faith belief that such action is necessary to (1) conform to legal requirements or comply with legal process, including subpoenas from law enforcement agencies; (2) protect and defend the rights or property of the Newspapers; (3) enforce the Acceptable Use Protocol or this Agreement; (4) act to protect the interests of subscribers or others. The Newspapers may provide certain user information in aggregate form to third parties, including StarNet advertisers, for demographics.

The Newspapers may access your account, including its contents, as stated above or to respond to service or technical issues.

12. Modification of Service. The Newspapers reserve the right, with or without notice to you, to change any StarNet service, including, but not limited to hours of operation, menu structures, access procedures, software commands, documentation, vendors and other services.
13. Limits on Use. While StarNet is an unmetered service, the Newspapers reserve the right to limit maximum dial-in session times and idle connection times. Automated electronic or mechanical processes employed to maintain a constant connection such as use of an auto-dialer, persistent checking of e-mail or "pinging" hosts are expressly prohibited. Additionally, you may only connect to one modem line at a time. The Newspapers may restrict which programs may be executed on its shell server and may terminate and delete, without warning, any user initiated program. Additionally, programs not associated with a logged-in interactive user may be terminated. The Newspapers reserve the right to limit, restrict or prioritize access to system resources, including CPU time, memory and disk space. The Newspapers reserve the right to restrict access to your web page by file transfer frequency or size.

LIMITATION AND DISCLAIMER OF LIABILITY.

Your use of StarNet, including your storage of information, is at your sole risk. THE STARNET SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

You understand and agree the Internet is not in any way under the control of the Newspapers. At various Internet sites, you may encounter obscene and offensive material; you agree that the Newspapers have no responsibility for, nor any control over, any information accessed by you on the Internet. While you may deem some information obscene, sexually explicit or offensive, you use the Internet at your own risk and hold the Newspapers harmless from any claims resulting from your use of the Internet.

The Newspapers are not responsible for content provided to you from mirrored services on its servers. This includes, but is not limited to, USENET news articles and FTP mirrors.

On StarNet, e-mail is available for use as an electronic messaging system to and among other subscribers, and as a gateway for e-mail to the Internet. Because of the public nature of the Internet, all e-mail should be considered accessible by other people using the Internet. The Newspapers do not and cannot guarantee the privacy of e-mail or of personal directories. E-mail messages sent via StarNet are communications between you and others, and the Newspapers have neither the authority nor the responsibility to regulate their content. The views and comments expressed by StarNet Subscribers are solely those of their authors and do not reflect any review, approval or endorsement by the Newspapers. Nevertheless, the Newspapers will attempt to assist Subscribers who receive objectionable e-mail and who notify StarNet Systems Administrator.

No oral advice or written information given to you by us, our employees, agents, third party providers, other members, licensors or the like, shall create any warranty.

Neither the Newspapers nor any of its information providers, licensors, employees or agents warrant either the results obtained from the service or the accuracy, reliability or content of any information, service or products provided or that StarNet will be uninterrupted, error free or virus free.

Neither the Newspapers nor anyone else involved in creating, producing or delivering StarNet services shall be liable for any direct, incidental, special or consequential damages arising out of the use of StarNet, or the inability to use StarNet, even if we or they have been advised of the possibility of such damages. Any combined liability of any of the foregoing arising out of this Agreement shall be strictly limited to no more than the amount paid to us by you or on your behalf for access to StarNet in the 12 months prior to the claimed injury or damage. The foregoing limitation shall apply whether a claim is based on breach of contract, tort (including negligence), tortious behavior, breach of warranty, theory of strict liability, or any other cause of action. This section shall apply to all content, products or services available directly or indirectly through StarNet.

The Newspapers reserve the right to terminate your StarNet account for a violation(s) of any provision of StarNet's Acceptable Use Protocol.

1. Illegal Acts. Services provided to you through StarNet, including Internet access, may only be used for lawful purposes. The transmission or storage of any information, data or material in violation of any federal or state regulation or law (including, but not limited to, material protected by copyright or trade secrets, and information that is confidential as a matter of law) is strictly prohibited.
2. Prohibited Speech. You will not transmit or store any information, data or material that is legally defined as threatening, libelous, hateful or obscene.
3. Advertising. Use of StarNet for advertising or promotion of a commercial product or service (other than in areas we specifically designate for such purposes) without the express, written consent of the Newspapers is prohibited. Personal web space may not be used in any attempt to sell a product or service.
4. Competition. You agree not to use your StarNet account to promote a competitor of the Newspapers.
5. Gambling. The transmission of chain letters, the conduct or promotion of gaming or lotteries, and the conduct or promotion of any illegal activity via StarNet is strictly forbidden.
6. Denial of Service Attacks. The Newspapers prohibit any and all conduct that intends to disrupt ability of any individual, business or machine to access the Internet ("denial of service"). This includes, but is not limited to: ICMP flooding, SYN flooding, "smurfing", and UDP flooding.
7. Forgery. Forging e-mail, USENET posting or IP packet header information is expressly forbidden.
8. Impersonation. Attempts to impersonate members of the Newspapers' staff or any other Internet user in chat rooms, e-mail messages or in person will result in immediate account termination.
9. Interference. You will make no attempts to cancel, supercede, or otherwise interfere with e-mail or USENET posts other than your own.
10. Use of Servers. You agree not to run server processes (including, but not limited to, web servers, ftp servers, IRC "bots", etc.) from either your shell, dialup, digital subscriber line or other StarNet accounts unless your service plan specifically allows such use. Additionally, you agree not to run "proxy" software to allow multiple users to connect via the same connection without prior written authorization from the Newspapers.
11. Unsolicited Commercial E-mail ("Spam"). You will not use an account at another provider to promote a StarNet web site or e-mail address in an abusive manner. This includes, but is not limited to, posting off-topic USENET and e-mail messages with a StarNet return address. You agree not to conduct any activity which will aid in the violation of this or any other Provider's user agreement. This includes, but is not limited to, collection of e-mail addresses for purposes of sending unsolicited e-mail to them. You agree not to send unsolicited e-mail messages. A message is unsolicited if it is sent to a recipient who has not requested said message. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages. You agree not to maintain mailing lists from your StarNet account in excess of 50 recipients, except using StarNet's listserv facilities without prior written authorization from the Newspapers.
12. Off-Topic Posting. You may find news groups or other electronic mailing lists on StarNet which focus on a particular topic or set of topics. Postings not related to such topic(s) are not welcomed by the participants. Posting patently inappropriate material may result in the suspension or termination of your StarNet account.
13. Circumventing Security. You agree not to attempt to circumvent user authentication or security of any host, network or account or to probe the security of any host, network or account.
14. Harassment. The Newspapers do not condone harassment, whether through language, frequency or size of messages or in any form, and may suspend or terminate your account if it has been shown you have harassed others. At the same time, StarNet does not assume any liability for harassing, libelous, slanderous, obscene, hateful or objectionable postings made by StarNet participants.
15. Storage of Software. Software intended to facilitate violations of this agreement may not be stored on the Newspapers' machines.
16. Network Address Assignment. You agree not to attempt to circumvent network address assignment provided by StarNet's DHCP servers or manual assignment. If you are a dedicated line (digital subscriber line, T-1, 56k frame relay, etc.) user, you agree not to exceed the number of hosts online permitted by your class of service.
17. Fines. The Newspapers may, at their discretion, bill $2,000 per incident for violation of this agreement and/or $100 per hour for service required to correct said violation.

This list is not exhaustive. We reserve the right to prohibit conduct which we deem, in our sole discretion, to be harmful to individual members or damaging to the communities that make up StarNet and the Internet and you agree to abide by any additional rules of conduct we may adopt from time to time. We cannot, and do not intend to, screen or monitor all communications and other material for adherence to our standards. However, we reserve the right (but are not obligated) to review, delete or edit any material placed on StarNet. Send complaints regarding our Acceptable Use Policy to: security@azstarnet.com

1. You may not submit copyrighted material to StarNet without the specific authority of the copyright holder; doing so is a breach of this agreement and may subject you to legal liability. You will indemnify us from all claims arising from your submissions.
2. You may not transmit, route, provide connections for, or store material that infringes upon the copyright of another, or use any method for circumventing a copyright protection measure. Infringement of copyright may include any use of written, pictorial, audio, video or graphic material without the express permission of the author, artist, photographer, designer or other copyright holder. For information on what may constitute copyright infringement see http://lcweb.loc.gov/copyright/circs/circ1.html
3. StarNet contains copyrighted, trademarked and other material (the "Works"). The Works are owned by The Arizona Daily Star, other publishers and/or third party information providers. The Works are intended to be protected in all forms, media and technologies existing now or in the future. Except for Works falling within the public domain, all Works are subject to copyright protection under the law, both United States and International. All Works are copyrighted in their selection, coordination, arrangement, font and enhancement. You may not copy, redistribute, modify, transfer or sell, or create derivative work from, any part of the Works unless expressly permitted by this Agreement or in writing in advance by the copyright holder.
4. You may download, store, manipulate, reformat, view, print and display the Works (or part of it) provided it is for your sole personal use and you reproduce any applicable copyright or other notices.
5. By submitting material or other information ("Your Contribution") to StarNet, you automatically represent and warrant that the copyright holder of Your Contribution has expressly granted to us the perpetual, royalty-free, worldwide, non-exclusive right and license to use, reproduce, modify, store, publish, create derivative works from, and distribute Your Contribution (in whole or part) and/or to incorporate it in other works in any medium now known or hereafter developed for the full term of any copyright that may exist in Your Contribution, as if Your Contribution were public domain information. You similarly permit any subscriber to download, store, manipulate, reformat, view, print and display Your Contribution for that subscriber's personal use.
6. StarNet will terminate the account of any person reasonably believed to be infringing a copyright. If you believe a StarNet subscriber is violating a copyright through his or her use of StarNet, you should contact StarNet at therock@azstarnet.com or notify StarNet by mail at:

   Charles Rochman
   StarNet
   4850 South Park Avenue
   Tucson, Arizona 85714
   

1. The Newspapers reserve the right to refuse service to anyone for any reason or for no reason and to terminate this Agreement at any time for any reason or for no reason.
2. If your StarNet service is provided in connection with telephone services, violation of this agreement may result in termination of your StarNet access, independent of said telephone services.
3. If violation of this agreement is limited to a single facet of Internet use (chat, e-mail, etc.), the Newspapers may prevent your account from accessing said service by use of a port filter and/or restrictions on your shell account after notifying you by e-mail, voice phone call or U.S. Mail.
4. The Newspapers will delete your personal files if this agreement is terminated for any reason, including for non-payment; provided, however, that if the account is terminated without notice to you, the Newspapers will not delete such files for thirty (30) days after providing notice via first class U.S. mail or voice phone call to you to that address/phone number provided by you to the Newspapers upon the opening of your account(s).

You agree to indemnify the Newspapers and hold them harmless from any claims, suits or expenses (including attorney's fees) resulting from your use of StarNet services, or from the use of your account(s) whether authorized by you or not.