Account Terms and Conditions
Version: March 01, 2004

This document can been superceded by a more formal "The Agreement for Internet Services." If you are a customer, and you are interested in this type of agreement, please contact SkyMagik to receive and sign a written version of the aforementioned agreement.

This Agreement is between USER and SKYMAGIK INTERNET SERVICES (hereinafter referred to as SkyMagik), a company doing business at 516 W. McMurray Road, Canonsburg, PA 15317. This agreement is the sole agreement between USER and SkyMagik, and supersedes any other written or oral agreement. Exception: "The Agreement for Internet Services" can be used to outline specific details of services and must be signed by both parties (if such an agreement is needed) in order to be binding.

SkyMagik reserves the right, upon published notice to USER's electronic mail account, to modify the terms and conditions specified below. By using a SkyMagik account, USER agrees to the terms and conditions specified below.

If you do not agree to these terms and conditions, please notify us via email to techsupport (@) skymagik.net so that we may cancel your account.

SkyMagik understands that using the Internet "properly" (as defined by the Internet community generally) can be very unclear and confusing. It is certainly not our goal to punish someone for not fully understanding how the Internet works. Our goal is to help you use the Internet most effectively.

However, we reserve the right to cancel the account privileges of anyone who purposefully and repeatedly abuses the system. If you are new to the Internet and have questions about these points, please let us know.

Acceptable Use
USER agrees to abide by the following acceptable use policies:

A. USER will not send mass-unsolicited electronic mail. Mass-unsolicited electronic mail is defined as any electronic mail sent to a group of electronic mail addresses, where the recipients have not specifically requested information or a response.

B. USER will not post commercial advertisements to USENET newsgroups unless the newsgroup specifically states in its FAQ (Frequently Asked Questions file) that advertisements are permissible.

C. USER will not use their account for any unlawful purpose, including but not limited to: On-line gambling, transmission, posting or downloading of child pornography, intentional spreading of computer viruses, unlawful entry into public or private computer systems including SkyMagik's own network infrastructure, trafficking in stolen credit card codes, or any other violation of Federal or State law.

D. USER will not engage in any activity that unreasonably burdens SkyMagik's system resources. SkyMagik reserves the right to turn off any account immediately and without notice if such account restricts or prohibits other SkyMagik users from accessing their accounts.

USER's failure to comply with the above listed policies may result in termination of USER's account.

Payment and Termination
SkyMagik's billing cycle begins on the 1st of each month. Payment by personal check is acceptable. If you choose to pay by personal check, an invoice will be mailed every month or when payment becomes due (for example, 1-year pre-pay customers will receive an invoice once a year). Payment is due 15 days after the invoice postmark date. A paid invoice is a binding contract between SkyMagik and the USER for the services offered during the payment period.

A. Non-payment
Accounts that are past the payment due date (aka in default) will lose access privileges. Any electronic mail sent to these accounts (as well as user data) will be stored for 30 days from the date payment was due. In addition, customers' payment history are kept on file, and any request for connection or service is subjected to credit approval by SkyMagik.

B. Termination of Account
Any account that remains in a past payment due status for more than 30 days will be terminated and all files (including electronic mail, World Wide Web pages and home directory files) stored in that account's directory will be deleted.

C. Termination Procedure
To cancel an account, USER must notify SkyMagik in writing, via e-mail or United States Post. Please include your login ID, name, address, telephone number, the type of account to which you are subscribing, and the effective date of termination. We require a 14 day advance notice of termination before termination is effective.

Limitation on Liability and Indemnity
By using a SkyMagik account, USER agrees that SkyMagik will not be responsible for any direct, indirect, consequential, special or punitive damages or losses USER may incur in connection with SkyMagik's system or any of the data or other materials transmitted through or residing on SkyMagik's system, even if SkyMagik has been advised of the possibility of such damage or loss. In addition, USER agrees to defend and indemnify us and hold SkyMagik harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys fees) relating to any acts by USER for materials or information transmitted by USER in connection with our system leading wholly or partially to claims against us or our system by other users or third parties.

SkyMagik exercises no control over the content of the information passing through our network. SkyMagik makes no warranties of any kind, whether expressed or implied, as to the availability, accuracy, or content of the information, products, or services it is providing. SkyMagik also disclaims any warranty of merchantability or fitness for a particular purpose. SkyMagik will not be responsible for any damages suffered. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via SkyMagik is at your own risk. SkyMagik specifically denies any responsibility for the accuracy or quality of information obtained through its network or service.

SkyMagik reserves the right to limit access to and from systems deemed by SkyMagik to exhibit behavior that constitutes abuse of network services and resources. This limitation includes and is not limited to systems and users known by SkyMagik to engage in unsolicited bulk e-mailing or unsolicited targeted direct e-mail ("spam"). SkyMagik reserves the right to deny connections to these resources or to filter e-mail. SkyMagik also reserves the right to determine whether spam should be stopped at the server level or at the user level. In all cases, the latter will be preferred.

Privacy
SkyMagik provides private electronic mail boxes or mail services to some of our accounts. While SkyMagik will endeavor to protect the privacy of all member's electronic mail, we do not warrant or guarantee the privacy of that mail.

While SkyMagik employs strong encryption services between the USER's computer and SkyMagik's network, SkyMagik strongly recommends that wherever possible, users employ their own encryption algorithms or data protection schemes to protect the privacy of their personal or sensitive data. It should be known and understood that while all data transferred between the USER and SkyMagik networks using the Secure Shell suite of tools is known to be extremely secure (compared to telnet and/or FTP), data can be sniffed or compromised at other levels. SkyMagik will not be responsible for any breach of privacy due to security holes beyond the scope of SkyMagik's networks.

Ownership of Materials
USER may upload, download, transmit and re-distribute public domain materials. USER is solely responsible for determining if materials are within the public domain. USER agrees not to violate any copyright, trademark, patent or other legally protected interest by uploading, downloading or distributing copyright, trademark, patent or other protected material through SkyMagik's system without consent of the owner of that material.

Thank you for taking the time to read our Acceptable Use Policy.