Table of Contents

• Main Policies
• Billing Terms and Conditions
• Limitation of Satellite Services
• Limitation of Dial-Up Services
• Failure to Comply with Terms and Conditions
• The Internet, Free Speech, and Your Children
• New Users
• Technical Support
• In Case of an Emergency

Main Policies

The policy below has been developed by DiscoverNet to ensure enjoyable and productive use of the Internet within our network area and to provide a safe and enriching environment for our users of all ages. DiscoverNet reserves the right to enforce the guidelines below in a manner that is consistent with this policy, including verbal and written warnings, account suspension and customer termination. We ask our customers to comply with the following guidelines in the interest and protection of every DiscoverNet subscriber:

PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY; ANY USE OF OUR NETWORK BY OUR CUSTOMERS CONSTITUTES ACCEPTANCE OF THE POLICIES LISTED HERE.

1. Unlimited access does not mean dedicated access. Unlimited access is not meant for long-term or extended connections that reduce the availability of lines available to other subscribers in the same location. DiscoverNet reserves the right to terminate these accounts or charge increased billing rates accordingly based on a reasonable timeframe. DiscoverNet's unlimited usage policy complies with the Internet Industry Standard which defines "Unlimited Usage" as 8 hours online per day every day for a total average of 240 hours per month. Customers exceeding DiscoverNet's usage policy, as defined, will be subject to permanent termination under the policies and procedures defined herein. Customer may monitor their usage by going to https://secure.discover-net.net/custinfo/login.asp Setting your computer to automatically redial is in violation of DiscoverNet's Policies and Procedures and may constitute immediate termination without refund or notification. Dedicated or extended usage activity can be made available to subscribers by contacting DiscoverNet's Network Administrator by telephone (1-888-284-4531) or e-mail admin@discover-net.net.
2. The individual, company or corporation recorded in DiscoverNet's billing system bears full responsibility for any Internet account listed directly to that individual, company or corporation. If you are thinking about lending your username/password to any individual, don't! If you suspect a third party may have gained access to your account, notify DiscoverNet immediately and we will assist you in changing your login/password.
3. DiscoverNet does not sell or voluntarily disclose its customer list or customer information. DiscoverNet reserves the right to contact our customers via email, postal mail, or phone call in regards to service upgrades, maintenance windows, and special promotions.
4. Users should be aware of and obey the rules of proper Internet etiquette ("netiquette") before posting messages on newsgroups or sending e-mail. Often this is available on newsgroups through a "FAQ" (Frequently Asked Questions) posting that you should read. Across the Internet, harassing or threatening e-mail is always unwelcome. Chain letters are prohibited.
5. DiscoverNet employs Spam Filter technology provided by Barracuda that will block over 95% of spam email being send through the Internet today. Each day, the customer will receive a detailed summary report email that will list all emails that our Spam Filter blocked for their email address (s). The customer will then have the option to simply delete the message or deliver any messages that may have been blocked. A customer is automatically added to DiscoverNet's Spam Filter at the default security setting. Customers have the option to adjust their own Spam Filter settings based on their preferences. Full detailed instructions of DiscoverNet's Spam Filter are located in our Self Help section.
6. The Internet is basically a public use network and DiscoverNet is not responsible for any material or data that you receive over the Internet. If you have children and are concerned about the content they view, we can assist you in finding ways to filter information with software and common sense tips for parents. Even with the newest filtering/blocking software installed there is no substitute for parental supervision.
7. Users have 10 megabytes of space reserved for files or web pages at the time of sign up. If you are in doubt about the content of a page you want to display as a part of DiscoverNet's user pages, please contact us and we will review your page for acceptability. Posting web pages with illegal content per the laws of the State of Wisconsin and the City and County of Eau Claire is forbidden. Discontinuation of a web page account or enforcement of this clause does not set precedent for reviewing every user's home page in an attempt to monitor web page contents.
8. Web service provided by DiscoverNet is defined as providing file space and accessibility to the Internet only. Customers are solely responsible for keeping back-up copies of web pages, emails, and/or other files; DiscoverNet will not be held liable for a customer's failure to back-up these files in the event of any problem with DiscoverNet's equipment or the customer's equipment, or a network emergency. DiscoverNet will not restore a single user directory or mailbox from our backups; they are for global scale emergencies only.
9. DiscoverNet's technical support is available from 9 AM to 9 PM Monday through Friday and Noon to 8 PM Saturday and Sunday to assist you with your questions and to help resolve your technical issues. Therefore, it is the customer's responsibility to contact technical support when experiencing any problems with their service. If you have left a message for technical support in which a return call is needed, every reasonable attempt will be made to contact you within 24 hours. If DiscoverNet's technical staff is unsuccessful in its attempts to contact you within the 24 hour period, the matter will be closed until further contact by you.
10. DiscoverNet will try as best it can to come up with a viable solution for your Internet needs, but in the end, individual users are responsible for hardware and software choices they make. DiscoverNet cannot guarantee the fitness of a particular system for use on the Internet.
11. The software provided to you has not been programmed by DiscoverNet. We provide this software, and relevant support, as a convenience to connect to the Internet in a timely manner. You are free to use any Internet software of your choice in compliance with these guidelines.
12. Users are forbidden from running "bot" programs (IRC), MUDs, or compiling programs in any language on DiscoverNet servers, except for servers designated by DiscoverNet for that purpose. CGI programs are not allowed on the residential hosting server.
13. Any of the following subscriber acts will result in immediate termination of a user's account, without prior notice, without refund and without exception. These actions are federal crimes; DiscoverNet cooperates with affected users, networks and law enforcement at all times and views such actions very seriously.
    • Email flooding to another user or server in an attempt to disable a user's mail account or server. This would also include unsolicited Email spamming of any email address originating from a DiscoverNet email address.
    • Obtaining, compiling, storing, or running programs on a DiscoverNet server that is intended to gain unauthorized access, disable or cause damage to a DiscoverNet server or a server on another Internet network. This applies whether such programs are actually used or merely have the functionality to do so.
    • Attempting to obtain a user, administrative or system password by any means.
    • Unlimited access does not mean dedicated access. Unlimited access is not meant for long-term or extended connections that reduce the availability of lines available to other subscribers in the same location. DiscoverNet reserves the right to terminate these accounts or charge increased billing rates accordingly based on a reasonable timeframe set by industry standards (8 hours per day). Setting your computer to automatically redial is in violation of DiscoverNet's Policies and Procedures and may constitute immediate termination without refund or notification. Dedicated or extended usage activity can be made available to subscribers by contacting DiscoverNet's Network Administrator by telephone (1-888-284-4531) or e-mail (admin@discover-net.net).

DISCOVERNET WILL NOT BE HELD LIABLE FOR ANY DAMAGES, WHETHER REAL, CONSEQUENTIAL OR IMPLIED, CAUSED BY THE FAILURE TO CONNECT OR USE THE INTERNET. THIS ALSO INCLUDES FAILURE TO CONNECT DUE TO DAMAGE CAUSED BY NATURAL OCCURENCS SUCH A S LIGHTNING, FLOOD OR WIND DAMAGE. DISCOVERNET ALSO MAKES NO WARRANTY OR GUARANTEE OF THE SUITABILITY OF THE SOFTWARE PROVIDED FOR ANY PURPOSE.

Billing Terms and Conditions

DiscoverNet has developed the billing policy as listed below for your convenience. DiscoverNet will strictly adhere to these billing guidelines which apply to residential and commercial dial-up accounts only; co-domain and business contracts are covered under a separate agreement.

1. DiscoverNet invoices its Customers on the first of every month in advance of usage as a recurring monthly, quarterly, semi-annual or annual charge based on the Customer Contract terms. DiscoverNet offers extended term discount plans (often three, six or twelve month specials) which are payable in full in advance. Please make note that these special offers are not subject to refund if the Customer cancels before the extended term has expired.
2. DiscoverNet invoices are billed on a cycle from the first day the month to the last day of the month. This is the period of time that a Customer’s monthly invoice covers. The 11th day of the month is the due date, not the cycle date. All Customers who wish to receive a monthly paper statement will be assessed a $2.00 invoice fee. This fee can be waived by paying monthly via automatic deduction (i.e. credit or debit card or checking account withdrawal) or by choosing an extended service plan. By selecting Credit Card or ACH deduction the Customer hereby authorizes DiscoverNet to automatically process future Internet Service(s) charges. To discontinue automatic processing, contact DiscoverNet at least 30 days prior to the end of the current Contract term.
3. Set-up fees are non-refundable under any circumstances.
4. Payments in the form of an ACH deduction, personal check or business check rendered as having insufficient funds will be penalized $25.00 per instance or check, in accordance with Wisconsin statute 425.302.
5. All Service(s) past due for the current month will be terminated on the last business day of that month unless payment is received or payment arrangements have been made. This will include all accounts regardless of payment method. All accounts with balances extending past 90 days will be forwarded to a collection agency. Customers will be liable for all attorney and collection fees that may incur resulting from non-payment of DiscoverNet Service(s). DiscoverNet understands that some of its Customers must submit payments to be paid by corporate offices or that some Customers only receive monies on specific days of the month; and, therefore, payment may take slightly longer than the 30-day requirement to reach DiscoverNet. Please contact DiscoverNet toll-free at 1-888-284-4531 extension 102 to make these necessary payment arrangements.
6. If a Customer wants to suspend their Service(s) for a period of time of one month to one year they can request to have the password on the account changed, but leave the account active on DiscoverNet’s server(s). Customers who wish to suspend service(s) must notify DiscoverNet 30 days in advance (in writing via e-mail, facsimile or US Mail) of intent not to renew current Customer Contract. If DiscoverNet does not receive Customer’s notice of intent to suspend, the Customer Contract will be continued under Customer’s current Contract Term. Telephone requests for suspension will not be accepted. During this time, e-mail will continue to be received and stored in Customer’s mailbox on DiscoverNet’s mail server and Customer’s web page will be Internet accessible, but Customer will not be able to log in to use any DiscoverNet Internet Service(s) until Customer has lifted the suspension for their Service(s).
7. DiscoverNet will notify all Customers 30 days in advance of any price change that applies to all Service(s), existing or new. DiscoverNet also reserve the right to change pricing at any time, as market conditions change frequently.
8. Customers will be responsible to notify DiscoverNet 30 days in advance (in writing via e-mail, facsimile or US Mail) of intent not to renew current Customer Contract. If DiscoverNet does not receive Customer’s notice of intent to terminate, the Customer Contract will be extended for a period of time equal to the initial term of Service. Customer will be invoiced for renewal of Service as indicated by Customer’s contracted payment method. Customer also understands that the termination of Contract will be made effective on the last business day of their Contract term (non-usage of Service is not proof of cancellation). Requests for cancellation received after the customer contract term has renewed will have the accessibility to the Internet for the coming month(s) and will be invoiced accordingly. Telephone requests for cancellation will not be accepted. Non-usage of an account is not proof of cancellation of service. Customers are responsible for full payment on all Service(s) whether or not the Service(s) is ever utilized. There are no refunds for any non-used portion of service.
9. Service(s) cancellations always take effect on the last business day of the month, not on the day the request is received. Customers are liable for the full monthly service fee; the amount will not be prorated. A cancellation confirmation letter will be sent by e-mail and/or US mail to serve as documentation that DiscoverNet has received your cancellation request.
10. Refunds for service will be given only on a case-by-case review by our Accounting Department. Customers are not allowed to deduct any amount from their bill as a measure of service not received. Refunds will not be given if inaccessibility was caused by the following:
    • Customer's computer or related phone network was not fit for Internet usage, or did not perform Internet functions fast enough for Customer satisfaction. This includes the failure of any web browser (i.e. Microsoft Internet Explorer/Netscape Communicator/Safari/Mozilla software package) to perform or work on any particular brand or model of computer.
    • Customer didn't use DiscoverNet services for personal reasons such as time conflicts or disinterest and didn't notify Customer Service to cancel service(s) in accordance with the timeline listed above.
    • Customer noticed a problem with their DiscoverNet service(s) and didn't seek help from DiscoverNet in a timely manner.

Limitation of Satellite Services

DiscoverNet has deployed certain technologies into its Network Operating Center that track the utilization of the satellite bandwidth of each end-user subscriber. These technologies are designed to ensure equal Internet access for all end-user subscribers.

The DiscoverNet unlimited usage plan is designed and priced for individual residential access of a non-commercial nature. It is designed to provide the "reasonable" user with download at speeds up to 512 Kbps. Therefore, DiscoverNet's RUP (Reasonable Use Policy) establishes an equitable balance in Internet access for end-users regardless of the end-user's frequency of use or volume of traffic.

DiscoverNet's technologies have the ability to identify, in real-time, excessive consumption of bandwidth on a per end-user basis and correct it by temporarily reducing the throughput of the specific end-user that is excessively consuming bandwidth on the network. Once an end-user is identified as excessively using bandwidth, its individual throughput speed will begin to be reduced downward to a preset minimum. Once the end-user reduces its throughput and the DiscoverNet technologies observe the end-user's usage of the satellite bandwidth returning to RUP levels, the throughput limitations are lifted on the 6th day after the end-user's bandwidth consumption returns to RUP levels.

DiscoverNet's RUP has been designed to give end-users an above average surfing experience that far exceeds the typical end-user's needs. Additionally, the RUP ensures that the end-users all experience fair and equal access to the benefits of a satellite delivered broadband Internet access service. The RUP prevents the network from being congested by a handful of end-user's activities. End-users that maintain an average daily usage of up to 20 MB per day should not notice any throughput limitation. However, end-users that continually download large files, such as complete operating systems (e.g. Linux), should experience throughput limitations on a pro-rata basis over time until their average utilization returns to the levels expected from an individual residential user (e.g. average up to 20 MB per day over a 5 day period.) The DiscoverNet RUP will still allow for large consumers of bandwidth to complete the download of their data. However, this type of end-user will experience throughput speed reductions until such time that their usage conforms to average usage patterns.

DiscoverNet reserves the right to adjust download limitations as required to assure all users of equal access to the provided high-speed download service. The current RUP is based on cumulative usage over the previous 5-day period. Users averaging up to 20 MB per day will receive service at up to 512 Kbps; those averaging between 20 and 40 MB per day will be limited to 384 Kbps speeds. End-users that average between 40 and 60 MB per day will be limited to 256 Kbps and those that average between 61 and 100 MB will be limited to 128 Kbps. End-users that exceed an average of 100 MB per day will be restricted to 64 Kbps until the 6th day after their average usage drops to a lower level. Please note that our studies show that the average end-user downloads an average of 11 MB per day.

All usage tracking will be done on a rolling 5-day average. The dynamic adjustment chart is as follows:

Downloaded MB in last 5 day period	Maximum Service Bandwidth
0 MB to 100 MB	512 kbps
100 MB to 200 MB	384 kbps
200 MB to 300 MB	256 kbps
300 MB to 500 MB	128 kbps
500 MB and up	64 kbps

The RUP table will be adjusted each month as per the average consumption for ALL users for the previous month, but never more than 10% plus or minus at each adjustment point.

Limitation of Dial-Up Services

Although DiscoverNet advertises "Unlimited Access" in regards to its Dial-Up services, there are several limitations applied. The sole purpose of these limitations are intended to limit the amount of unnecessary use of DiscoverNet services by any such User, which restricts overall DiscoverNet system availability for other such Users. These limitations apply only to Dial-Up access services offered by DiscoverNet.

• Idle Timeout User agrees to have their online session automatically terminated after twenty (20) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the DiscoverNet service.
• Maximum Single Session User agrees to have an online session automatically terminated after eight (8) hours of consecutive time, regardless of data transferred during such specific online session.
• Minimum Re-Connect Limit User understands they cannot log back onto the DiscoverNet system for a time period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session's termination.
• Multiple, Concurrent Online Sessions User agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account purchased.

Failure to Comply With Terms and Conditions

If a DiscoverNet account is used to violate these agreements, we reserve the right to terminate service without notice. Our preferred course of action would be to advise the account owner of the inappropriate behavior and corrective action necessary.

VIOLATION OF ANY OF THE TERMS IN THIS AGREEMENT MAY RESULT IN IMMEDIATE TERMINATION OF SERVICES.

If DiscoverNet denies User access to the Service because of such a violation, User shall have no right (1) to access through DiscoverNet any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through DiscoverNet, and DiscoverNet shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification. User also agrees to the immediate termination of DiscoverNet services for violation of any of these terms. In the event that account is temporarily inactivated as a result of any prohibited activities, the account may be subject to reactivation charges and/or deposit requirements to be determined by DiscoverNet.

The Internet, Free Speech and Your Children

The greatest freedom of the Internet is the ability to exchange thoughts and ideas freely and without censorship. This asset can become a liability if you're not prepared for the reality of the Internet as it applies to your family today. Your supervision is the most important thing you can do for your children to provide a safe, entertaining and productive time online. To help screen information available on the Internet, keep these points in mind:

• If you're concerned about your children accessing the Internet when you're not around, don't save your password or enter your password anywhere during installation. Saving your password allows anyone to dial and access the Internet from your home computer without any supervision. If you don't enter a password, you will be prompted for it each time you dial or access e-mail.
• Use the Content Advisor supplied with Microsoft Internet Explorer to block certain sites that you don't feel are appropriate for your children. This feature enables you to set the level of language, violence and sexuality that your children can view when accessing registered sites. The Content Advisor is located in the Internet Options which is in the Control Panel. Be careful with the password feature of this software; if you forget the password, you will have to call Microsoft to fix the problem. We cannot retrieve forgotten or lost passwords from the Content Advisor.
• Internet News service does not have any method from which to restrict access to any of the newsgroups available, nor does it require a password. Pay close attention if you use Usenet News/Internet News, since the rule of thumb is "anything goes".
• For your own safety as well as the safety of your family, don't e-mail or post your location, address, telephone number or other sensitive information to anyone who's e-mail address you don't know. Also never e-mail credit card numbers or accounts information to anyone, no matter who asks for it. No one from DiscoverNet will ever ask you for a credit card number via e-mail, although we may discuss them over the phone to resolve billing issues. Remember that others could possibly read anything that you e-mail on the Internet, including DiscoverNet administrators if necessary.

New Users Policy

DiscoverNet requires that new subscribers allow at least 24 hours from the time they signed up to activate their account. We will attempt to add your account as quickly as possible (some are added within minutes of sign-up) but not everyone will be able to use their account right away. You should take time when you get home to read this manual thoroughly and install your software before attempting a connection. Be aware that many different problems and error messages result from not being active in the DiscoverNet system; you are free to try your account at any time, but remember the 24-hour rule! If you feel that your account has not been added after 24 hours, please contact technical support and we will expedite your request for activation.

Technical Support

Technical support is provided to all our users to ensure a fun, productive experience on the Internet. Technicians are available from 9:00 AM to 9:00 PM Monday through Friday and Noon to 8:00 PM Saturday and Sunday except announced holidays. Please note that the best time to call is on weekends.

At times, the volume of calls exceeds our capacity to take them immediately. We have a voice mail system set up for your use in the event that a technician cannot take your call immediately. When leaving a message, please leave the following information. Remember to speak clearly and slowly:

• Your full name (spell your last name if it's difficult to understand).
• A phone number and a time when it's best to call.
• The operating system you use (Macintosh, Linux, Windows 95, 98, ME or XP, Windows NT/2000 or other).
• A detailed description of the problem you're having. Sometimes it's easier for you and us if you write down an error message that you've received and leave it on your message. If the problem is simple, there's a good chance that we can leave directions on your answering machine if we call when you're out.

You can also e-mail technical support at techsupport@discover-net.net if you have specific questions and don't have time for a phone call. Our staff checks this mailbox every ten minutes during business hours, but please allow 24 hours for a response.

In the Event of an Emergency

DiscoverNet always attempts to make your service the fastest and most reliable Internet connection. As with any computer system, downtime does occasionally occur due to unforeseen problems or system upgrades. Be aware that DiscoverNet has scheduled weekly maintenance to occur on Sunday mornings from 9:00 AM to 12:00 PM; not all services may be available during this time It is our policy to find as many ways possible to notify you in case of impending upgrades or system downtime by using all of the following methods.

• Mass e-mail notices.
• U.S. mail notices for major system upgrades.
• Voice Mail.
• Phone contact by DiscoverNet staff.

DISCOVERNET WILL NOT BE HELD LIABLE FOR ANY DAMAGES, WHETHER REAL, CONSEQUENTIAL OR IMPLIED, CAUSED BY THE FAILURE TO CONNECT OR USE THE INTERNET. THIS ALSO INCLUDES FAILURE TO CONNECT DUE TO DAMAGE CAUSED BY NATURAL OCCURENCS SUCH AS LIGHTNING, FLOOD OR WIND DAMAGE. DISCOVERNET ALSO MAKES NO WARRANTY OR GUARANTEE OF THE SUITABILITY OF THE SOFTWARE PROVIDED FOR ANY PURPOSE.