Zhonka Broadband LLC
Terms of Service Agreement

Definitions

"Zhonka," "Zhonka.net," "ISP," or "the Company" means Zhonka Broadband LLC, a registered Washington Corporation with primary location at 204 Quince St. NE Suite 201, Olympia, WA 98506

"User," "End-user," or "Customer" means the person or organization who ordered Zhonka services and includes additional users of the Customer's network services.

"Network services" means any of the computer Internet network access or hosting services marketed and sold by Zhonka Broadband unless other meaning is specified in text.

"Internet" means the collection of routers, servers, websites and downstream providers which constitute the public Internet, beyond Zhonka's internal network services.

"Agreement" or "TOS" means this Terms of Service document unless otherwise specified in text.
When gender specific pronouns are used, the same terms of service applies equally to the other gender.

Notices

Terms of Service subject to changes
This Terms of Service may change from time to time. The Customer acknowledges their responsibility to read and familiarize themselves with any changes to this Terms of Service agreement which is posted on the Company's website at www.zhonka.net/tos.html

E-mail is primary communication means
Zhonka uses E-mail as the primary means to communicate with you. E-mail is used for sending invoices, statements, service interruption notices, changes in services or policy and invitations to Zhonka sponsored events. The Customer agrees to regularly check their Zhonka E-mail address or ensure that Zhonka has a valid, active contact E-mail address to contact the customer. Additionally, the Customer is responsible for informing Zhonka of any changes in service or billing address.

Account info is private
Customer account information is used strictly for business transaction with Zhonka. Zhonka won't sell or give out your personal account information except for requested Internet registrations. Your credit card numbers is only used for account payment as requested or payment of past due invoices as described in this Agreement.

The Customer understands that Zhonka is not responsible for the distribution of any personal customer information but the nature of the Internet is such that certain customer information may become publicly or privately accessible on the Internet including but not limited to domain name registrations, IP address assignment, e-mail addresses, identd, finger information, postings to websites or newsgroups or other Internet format or tools, registries, cookies, registrations and protocols.

Password Security
The Customers is entirely responsible for the security and integrity of and and all account passwords assigned for Internet services. If you feel your password(s) has been compromised, you may change most passwords online by using Zhonka's on-line tools. However the customer is responsible for changing password on their end-user equipment including configurations for dial-up, DSL, E-mail, FTP, billing system and other such services.Use of Service

Preamble

Zhonka Broadband aims to provide quality Internet access for all customers and encourages you to use your network access for most any Internet activity. To ensure quality service, all Customers are required to abide by the policies set forth in this Terms of Service agreement. Violations of the this TOS Agreement may result in suspension or termination of service at the sole discretion of Zhonka Broadband.

Access and Availability of Network Services

Zhonka cannot guarantee you ability to access a specific address on the Internet. The Internet is a de-centralized system of networks thus Zhonka is in no way responsible for ensuring the performance or access of any Internet website or service at any time as any parts of the Internet may be disabled, interrupted or closed without reason or notice.

Zhonka will provide connection configuration settings to the Customer and assist the Customer in doing basic configurations to connect to Zhonka's network services. The Customer is responsible for all activities on the Internet including acquiring software.

No web site or any other Internet content subscriptions, memberships, discounts, promotions or other such premiums are included or implied with any of Zhonka's Internet services.

Service Interruptions

Zhonka strives to maintain a stable and robust network architecture and will attempt to notify Customers of planned maintenance network interruptions, however Zhonka DSL and dial-up accounts do not have guaranteed uptime. Service interruptions many occur at any time whether intentionally for maintenance or upgrade or unintentionally due to network error, outage, equipment failure or event.

In the event of a Customer service interruption, Zhonka will provide technical support to the Customer and/or refer you to the phone company to resolve the interruption in service. If the Customer is unable to connect to their dial-up account, Zhonka will verify the Customer's dial-up access settings to ensure ability to connect.

If a Customer DSL or dial-up service interruption is determined to be result of a Zhonka error, the Customer's account may be discounted an amount pro-rated to the length of time service was interrupted. Zhonka may provide the Customer with a temporary dial-up account to provide service during interruption in DSL service. If a dial-up account is provided, Customer accepts this as reasonable solution and any further discounts will be at the sole-discretion of Zhonka.

If service interruption or other connection error is due to a Qwest or downstream Internet provider problem, equipment problem or other issue related to customer premise equipment or network configurations, then no discount will be given by Zhonka. Zhonka may at the Company's discretion, provide a courtesy dial-up account to the Customers during the service interruption.

T1 Customers are guaranteed 99% uptime over the course of a month. If downtime amounts to over 1%, then the Customer's account will be credited 3% of the total monthly charge per day of network outage.

The Customer must submit a written claim detailing outage period times and dates to Zhonka Broadband within 30 days of service interruption.

Limits of Claim

Any claim for damages by a Customer due to service interruption, displeasure with service, inability to connect or any other objective or subjective reason is limited to a pro-rated payment refund for the disputed period.

The Customer cannot claim for lost income, punitive damages, or any additional claims due to service interruption, loss of use, or lack of satisfaction with Zhonka's network services.

Activities Resulting in Termination or Suspension of Services

Zhonka reserves the right to suspend or terminate the Customer's connection or any part of their connection at our discretion due to inappropriate use of the Internet including the activities described in the TOS.

E-mail and Usenet abuse

Zhonka encourages the appropriate use of E-mail and Usenet newsgroups and we do not censor for content. Zhonka will censor customers who annoy, attempt to annoy, or cause to be annoyed third-parties on the Internet who do not wish to receive communication from you.

"Spam" is illegal in the State of Washington - Washington residents may not send Spam and Spam may not be sent to E-mail addresses in Washington State. Pursuant to RCW 19.190.40, violators will be liable for damages of not less than one thousand dollars or actual damages whichever is greater per incident.

Additonally, Zhonka may, upon it's own initiative, block receipt or transmission which Zhonka reasonably believes is "Spam" and Zhonka may not be held liable for such action.

"Spam" is bulk, unsolicited email - whether commercial or non-commercial, targetted or untargetted - to people who have not explicitly asked for such email. Additionally, E-mail with misleading subjects,falsified return addresses or other misreprensentations are forbidden and illegal.

"Spamming" is also posting to Usenet news an identical message to many newsgroups, or many individual posts to multiple newsgroups that are not related to the topic of that newsgroup, or where doing so is in violation of that newsgroup's charter or conventional use. Posting identical or nearly identical usenet messages on a regular (daily, weekly) basis - with the exception of FAQ's and other informational content posts desired by the group - is similarly prohibited.

"Spam" sent via other networks, systems, and/or services - whether email or usenet news spam - referencing email addresses or sites hosted by Zhonka - is similarly prohibited. You may not use Zhonka as a "drop-off" address for replies to spam mail or spam posts sent via our or other networks, systems, and/or services.

Open-Relay is forbidden within Zhonka's network. Open Relay is a mailserver that will allow a third-party on the Internet to send email through that server to yet other third-parties on the internet. This is a common mailserver misconfiguration; please consult your documentation in order to correct this. In the event of Open Relay activity, Zhonka may disconnect, filter, or otherwise disable the Customer's Network services, temporarily or permanently at Zhonka's discretion.

Additonally, Zhonka does not allow use of Network Services for publication and dissemination of such content or content subject to censure under the Digital Milleneum Copyright Act found at www.loc.gov/copyright/legislation/dmca.pdf. Zhonka will disable or filter Customer's content pursuant to the DCMA.

Other Network systems abuse

Customers may not commit or be party to any attack against Zhonka's network, systems and/or services or any other networks, systems and/or services on the Internet whether or not such attack causes deliberate interruption. Such activities include:

* "mail bombing" or mass mailings - sending large numbers of messages or sending extremely large messages, with or without the intention of disrupting the normal use/operation of the Company's, Internet or recipient's e-mail account or service

* "hacking" - attempting to gain unauthorized access to our networks, systems, and/or services, or other networks, systems, and/or services, to which you are not authorized for such access

* "flooding" - sending excess traffic over Zhonka's networks, systems, and/or services, or other networks, systems, and/or services and in doing so, intentionally or unintentionally disrupting Zhonka or other Internet or Customer's networks, systems, and/or services

This is not an inclusive list. The determination of what constitutes a Denial of Service attack shall remain wholly within the discretion of Zhonka. Additionally Zhonka reserves the right to charge the offending customer $350/hr. for repairing problems and restoring service due to customer's activities as described in the this Agreement.

Use of Customer Servers, Wireless networks, Local area networks, etc.

End User Security

Zhonka's network services are provided with no ports blocked and full access to the Internet. Zhonka allows DSL customers to run wireless networks, personal servers for web sites, FTP, and E-mail. The customer may also connect multiple computers to the network access to create a local area network. However, the Customer is solely and exclusively responsible for ensuring security for any networks, servers, wireless access points and other services as provisioned or accessed over the customers network access.

Zhonka advises the Customer to consult their DSL modem device operating manuals to learn more about network security over a DSL connection.

Customer responsible for network activity

The Customer is responsible for all activities originating from their personal network connection whether performed by the Customer or a guest, housemate, family member or other invited or uninvited person.

Limits of Support

Zhonka does not provide technical support for hardware, LANs, wireless access points beyond ensuring the Customer's DSL connection is connected to Zhonka's network.

If you are setting up a LAN or wireless network, Zhonka encourages you to consult the equipment vendor's website or other Internet resources. Additionally, Zhonka maintains a list of 3rd party network technicians who you may contact for professional assistance.

IP allocation and justification

Zhonka will provide the Customer with dedicated IP addresses as determined by the customer's Zhonka package. Such allocations may be subject to reporting guidelines required by ARIN (American Registry for Internet Numbers). Zhonka reserves the right to limit IP allocations as per customer's justification ability.

DNS entries

Zhonka will announce DNS entries in accordance to your Zhonka package, however this service is not to be confused with website hosting, domain hosting or domain name registration. DNS entry requests must be made by e-mail only to support@zhonka.net.

Software licenses

Zhonka does not provide software licenses for user applications. Users are responsible for all software licenses for using Internet services. From time to time Zhonka may distribute or offer links for software the User is responsible for licenses in such case.

Use of personal servers

Zhonka DSL accounts do not include guaranteed uptime and are inappropriate for e-commerce and other secure transactions. Customers interested in secure transactions and e-commerce are advised to utilize a Zhonka web hosting or colocation account suitable for business.

Restricted Activities

Zhonka does not censor the content you publish to Internet, however personal server activity is limited with the following restrictions:

Re-selling of services - No reselling of any service including wireless access, web hosting, subscriptions, usage agreements unless your Zhonka account allows such activity by specific contract (see Platinum package).

Excessive traffic - No high volume sites serving exclusively adult content, commercial or non-commercial software or licensed or unlicensed media downloads. Zhonka reserves sole discretion to determine when usage is excessive and will notify Customer to upgrade package or suspend services if necessary.

Secure transactions - No secure transactions and other such e-commerce sites may be hosted on personal web servers unless Zhonka package permits such activity. No claim may be brought by the Customer to Zhonka for lost income or other damages due to network service interruption.

Non-Protected speech - Zhonka supports the Customer's right to free speech. However harassment, slander, libel, and other abusive language are not protected speech and Zhonka does not allow use of Network Services for publication and dissemination of such content or content subject to censure under the Digital Milleneum Copyright Act found at www.loc.gov/copyright/legislation/dmca.pdf.

Other reasons - Zhonka reserves the right to temporarily suspend or terminate personal servers which cause an excessive disturbance, complication or disruption in Zhonka's ability to provide network services.

Billing and Payment for Services

Billing

Zhonka will invoice the Customer for Network Services starting from the day on which services connected from Zhonka to the Internet regardless of when the Customer connects for the first time regardless if the Customer cannot connect for technical reasons.

Invoices and Statements are sent by E-mail to the address specified as the billing contact address on the Customer's sign up form. The Customer must check this E-mail address or provide Zhonka with an appropriate forwarding E-mail address. Printed paper invoices may be sent by requesting this service on-line on the Zhonka website Billing Inquiry form - additional charges apply.

Payment

Invoices are sent 10 days before the start of the service term and allow 30 days for payment. After 30 days of past due payment, Zhonka will charge the Customer credit card on file for the past due amount only and send an E-mail statement reflecting charges.

Invoices may be paid in the following ways:

1) On-line by credit/debit card at the Zhonka Secure Online Billing Center https://billing.zhonka.net. The Customer may pay on a case by case basis or may select the option for the credit card to be charged automatically each pay period.
2) Check or Money Order written to Zhonka Broadband and mailed to 204 Quince St. NE, Suite 201, Olympia, WA 98506
3) Cash payable at Zhonka offices - Customer must call first 360-357-8776 to make appointment

Deposits and Credit/Debit cards

The Customer is required to keep a valid Visa or Mastercard number and related information (including credit card billing address, expiration date, security code and credit card name) on file with Zhonka. This information may be entered at the Zhonka Secure Online Billing Center https://billing.zhonka.net. Any denied credit card charges due to inaccurate credit card information will result in a fee not less than $5 added to the Customer's account.

The Customer acknowledges that Zhonka will not charge the Customer's credit card except in the following circumstances:

1) Customer has requested credit card charge by using the Zhonka Secure Online Billing Center
2) Customer's account is past due for more than 30 days in which case Zhonka will charge for past-due balance and sent statement
3) Customer cancels account or account is cancelled by Zhonka for violations of this Agreement in which case Zhonka will charge the remaining balance on account - pro-rated as necessary.
The Customer's invoice will not be automatically charged to the Customer's credit card unless the Customer requests such action by e-mail or selecting the "credit card" payment option in Zhonka's "Secure On-line Billing Center.

Chargebacks/ Disputed Charges

Zhonka strives for accuracy and efficiency when billing for services, however from time to time in the normal course of business, errors, omissions or other inaccuracies may occur. Additionally, from time to time, a Customer may dispute charges for personal, technical or other reasons. Zhonka liability is limited to crediting the Customer's account a pro-rated amount for the disputed charge - the Customer shall have no additional claim for losses, fees, hardship or other damages.

Dispute Resolution Policy

In the event of a disputed charge or concern, question, or other related billing issue, the Customer will fill out Billing Inquiry form or send e-mail to billing@zhonka.netstating disputed charge and reasons for dispute and await Zhonka's reply to resolve the situation. within 10 business days.

If the Customer does not follow the dispute resolution steps stated and initiates a "chargeback" to recoup payment through a credit card company, Zhonka will bill the Customer for all fees and penalties plus additional fees as needed to compensate for losses incurred by Zhonka as a result of the credit card chargeback.

Technical Support and Problem Resolution

Zhonka provides technical support to ensure customers are able to connect to the Internet. Zhonka is not responsible for the Customer's equipment beyond supplying standard settings and configuration information.

The Customer is responsible for all equipment including computer, ethernet (NIC) card, switch, hub, wiring, non-connection related software, and any other firewalls, routers, servers etc. and will not seek assistance from Zhonka to support such devices beyond establishing an Internet connection.

The Customer will seek answers from Zhonka's "Frequently Asked Questions" section of www.zhonka.net and follow support procedures including filling out the online Support Form first as possible.

Prioritized support phone numbers and e-mail address are available on the Zhonka website, www.zhonka.net/faqs-basic.html. The primary support e-mail is support@zhonka.net and phone number 360-357-8776.

In the event that the Customer cannot connect for technical reasons, Zhonka's liability is limited to crediting the Customer's account pro-rated amount for the period of non-connection whether the technical reason was fault of Customer, Zhonka or unknown.

Severability

This Agreement is entered into voluntarily by both Zhonka and the Customer. This Agreement does not include or imply any contractual term or time limit and may be severed by either party with written (E-mail or postal mail) cancellation notice. Such notice will include last day of service and arrangements to balance account charges. Zhonka retains the right to charge the Customer's credit card for remaining charges due at time of account cancellation.

Scope and Governance

This Agreement applies to all Zhonka Broadband Customers, including Customers of downstream providers as applicable.

Zhonka reserves the right to modify this Agreement without prior notice, and at any time. Zhonka may attempt to notify customers if this Agreement changes; however, all policies remain applicable regardless of whether any such notification is provided.

Use of Zhonka's networks and/or services constitutes unconditional agreement to the terms of this Agreement, and by such use you agree to indemnify and hold harmless Zhonka from any and all costs or damages you may incur consequent to Zhonka's enforcement - or lack thereof - of this Agreement.
Zhonka reserves the right to refuse access and/or service to anyone, at any time, for any reason.
This Agreement is entered into in the State of Washington. If this Agreement is in conflict with any locally-applicable law or statue, the implied meaning will be assumed and no penalty or recourse shall be incurred by either the Customer or Zhonka as a result.

-- END OF AGREEMENT - 5/12/03 --