These Terms and Conditions, in conjunction with the Acceptable Use Guidelines, represent the complete Agreement and understanding between Planet Earth Internet Services, Inc. ("PEIS") and you, the PEIS accountholder, and supersede any other written or oral agreement pertaining to your PEIS services, other than applicable software license agreements. By using PEIS services you agree to be bound by and to comply with this Agreement, just as if you had signed it. Violation of any provision of this Agreement is grounds for immediate termination of your PEIS account.

IF YOU DO NOT AGREE TO BE BOUND BY BOTH PARTS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY END YOUR USE OF PEIS SERVICES AND NOTIFY THE PEIS SALES DEPARTMENT SO THAT PEIS MAY CLOSE YOUR ACCOUNT.

PEIS may modify the Terms and Conditions or the Acceptable Use Guidelines, and/or modify the prices of its services, as well as discontinue or change the services offered, upon notice published on-line via PEIS services. Your continued use of PEIS's services following such notification will be deemed acceptance of the modification.

A. Provision of Services

From time to time PEIS may offer rating systems and filtering software or procedures to help you to screen out language or images that you do not wish to receive through your PEIS services. Because a rating system may depend on the content provider's evaluation and self-rating, there is no guarantee that all adult or other information that you wish to screen-out, will in fact, be screened. PEIS reserves the right to discontinue any and all services to you at any time, without prior notice or liability, for any conduct which PEIS, in its sole discretion, believes violates these Terms and Conditions or PEIS's Acceptable Use Guidelines, or is otherwise harmful to PEIS's interests or the interests of other accountholders. 

You may only use PEIS's services for lawful purposes, in compliance with all applicable laws including copyright and trademark law. Unlawful activities include storing, distributing or transmitting any unlawful material through PEIS services, attempting to compromise the security of any Internet account or site, or making direct threats of physical harm.>To comply with applicable laws and lawful government requests, to operate its systems properly, or to protect itself or its accountholders PEIS reserves the right to access and disclose any information. This may include disclosing the usernames of accounts and other information. PEIS will fully cooperate with law enforcement authorities in investigating suspected lawbreakers, and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. When PEIS becomes aware of possible violations of this Agreement, PEIS may, in its sole discretion, choose to initiate an investigation. This investigation may include gathering information from accountholders and examining material on PEIS's servers. 

During investigations, PEIS may suspend accounts involved in a violation and/or remove the material involved from its servers. If PEIS believes, in its sole discretion, that a violation of this Agreement has occurred, it may temporarily or permanently remove material from PEIS servers, cancel newsgroup posts, warn the accountholder(s) involved, suspend or terminate the account(s) responsible, and take other responsive action. PEIS, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could also subject you to criminal or civil liability. You are responsible for obtaining and maintaining any communications equipment necessary to connect to PEIS services, including modems, computer hardware and software, and long distance or local telephone service. 

You are responsible for ensuring that such equipment or service is compatible with PEIS's requirements. In addition, you are responsible for maintaining the security of your account, password, files, and any information you disseminate through PEIS services or other Internet services, and for all use of your account with or without your knowledge or consent. Any use of PEIS software or third-party software distributed by PEIS is governed by the End-user License Agreement that accompanies such software. Use of such software indicates your acceptance of the terms therein.

B. Payment of Fees

Your PEIS account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the current accounting cycle or invoiced accounts are not paid in full by the due date. Accounts that are delinquent at the beginning of the current accounting cycle may be suspended, archived, or purged from the system. Suspended accounts continue to accrue charges until reinstated or cancelled, even if the account is not used by the accountholder. You acknowledge responsibility for any account you have opened until payment in full is made. PEIS reserves the right to charge a service reconnection fee to reinstate suspended accounts. There is a $25.00 service charge for each returned check. If you believe PEIS has billed you incorrectly, you must contact PEIS no later than 30 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to PEIS's Sales department, and should include all available information about the suspected error. When your credit card expires, PEIS, in its discretion, may either assume that your card has been renewed for one year, or require that you furnish updated credit card information, including the new expiration date and any other information needed to process your account payments. If PEIS is unable to obtain payment from your credit card bank because you have not renewed your card, because your credit card information has become outdated, or because you have not provided new information to PEIS when requested, PEIS may consider your account to be delinquent by more than one accounting cycle and suspend, archive or purge your account as provided above.

C. Cancellation of Accounts.

To cancel your account, you must contact PEIS's Sales or Accounting departments via e-mail, fax, postal mail or phone. Cancellation requests must include the account's login name, and your name, address and phone number and other identifying information as they appear in PEIS's billing records. If the information provided to PEIS for an account does not match the account's records, cancellation may be delayed or prevented. All cancellation requests must be received before the accounts renewal date of the current month in order to be processed before the beginning of the next accounting cycle. If cancellation is requested by any method other than talking directly to a PEIS representative, a return notification will be sent to the customer notifying them that a cancellation notice has been received and processed. All cancellation procedures must be met before a cancellation will be considered complete. All PEIS accounts must be paid in full before a cancellation will be considered complete. Service charges will extend to the end of the month in which the account is canceled. If a PEIS account is cancelled, suspended or terminated, PEIS may maintain the account for 30 days. You may contact PEIS within that time to inquire about reopening a suspended account, or forwarding mail or files to another address. PEIS reserves the right to refuse to forward the mail and/or files of any account terminated for violation of any provision of the Terms and Conditions or PEIS's Acceptable Use Guidelines. If you do not contact PEIS within 30 days, your account and associated files will be deleted from PEIS's servers, and PEIS will not be able to reopen it or restore files. PEIS is not responsible for maintaining material that it deletes from its servers as a result of a determination that the material violates any provision of Terms and Conditions, or PEIS's Acceptable Use Guidelines.

D. "As Is" Services; Limitation of Liability; Indemnification.

Use of information obtained from or through PEIS is at your own risk. Under no circumstances will PEIS be liable to you or any other person for any loss or damage caused by reliance on data or information available from or on PEIS's services and systems.You agree to waive and hold PEIS harmless from any claims relating to any action taken by PEIS as part of its investigation of a suspected violation of this Agreement or as a result of its conclusion that a violation of this Agreement has occurred. This means that you cannot sue or recover any damages whatsoever from PEIS as a result of PEIS's decision to remove material from its servers, cancel a newsgroup posting, warn you, suspend or terminate your account, or take any other action during the investigation of a suspected violation or as a result of PEIS's conclusion that a violation has occurred. This waiver applies to all violations described in the Terms and Conditions and in the Acceptable Use Guidelines. 

IN NO EVENT SHALL PEIS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE ACCOUNTHOLDER'S USE OF OR INABILITY TO USE PEIS'S SERVICES. PEIS'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE AT PEIS'S OPTION, EITHER RETURN OF THE SERVICE FEES PAID FOR THE CURRENT MONTH OF SERVICE AND ANY SET-UP FEES PAID, OR REPLACEMENT OF CONNECTION SERVICES OR PRODUCTS. 

In any case, PEIS's entire liability under or arising out of this Agreement shall be limited to the amount you paid for the service in the twelve (12) months prior to the act or injury that gave rise to the liability. However, some jurisdictions may not allow a limitation on liability for negligence that causes death or personal injury, and PEIS limits its liability in such jurisdictions only to the degree allowed by the applicable laws.

 Indemnification. You agree to defend, indemnify and hold PEIS harmless from any claims, losses and damages, including attorney's fees, resulting from your violation of any of the provisions of this Agreement or your placement or transmission of any materials or content onto PEIS's servers, or from any and all use of your account, with or without your knowledge or consent.

E. Miscellaneous