First Step Terms of Service

SERVICES PROVIDED BY FIRST STEP ARE SUBJECT TO THESE TERMS AND CONDITIONS AND ANY WRITTEN AGREEMENT. First Step retains the right to modify these Terms of Service as necessary. Subscribers are encouraged to periodically review these terms.

Definitions

"Member," as used herein, means an individual, a corporation, or a legal entity who incurs usage charges for service for its own use or who incurs such charges on behalf of a third party, i.e., a User.

"First Step," as used herein, means First Step Computing, Inc. 201 N. Riverside Ave., St. Clair, MI 48079

Acceptable Usage - General

First Step supports the freedom of digital expression and the inalienable right to privacy. First Step will not exercise editorial control of digital content published or disseminated through the use of resources owned and/or managed by First Step unless it is a violation of law. First Step may cooperate with law enforcement agencies and/or third parties in order to investigate any suspected or alleged crime or civil wrong using an established set of guidelines that will be presented upon receipt of a formal request.

First Step reserves the right to immediately terminate service that is used to:

• threaten bodily harm or the destruction of property,
• commit traditional or digital fraud by the use of chain letters or other schemes,
• send unsolicited commercial or bulk email,
• compromise privacy,
• gain unauthorized access to resources,
• halt or disrupt networks or services,
• infringe on intellectual property rights, and/or
• violate applicable local, state, national or international laws and regulations.

Usernames, passwords, email addresses and IP addresses are the property of First Step and First Step may alter or replace them at any time.

Acceptable Usage - Dial-Up Accounts

The Member agrees to use dial-up accounts solely on an active "dial-up" basis, meaning only as needed and in no way on a standby or inactive basis in order to maintain a connection. First Step reserves the right to disconnect a dial-up account after a sustained period of inactivity or after a certain session time. These times are approximate and subject to change without notice. Electronic or mechanical means to avoid an inactivity disconnect are strictly prohibited. Electronic or mechanical means include, but are not limited to, "pinging" the mail server, employing electronic or software autodialer features to maintain an active connection or repeatedly checking for e-mail by autolog-in to the mail server.

A dial-up account shall not be used to provide any public information services.

First Step reserves the right to electronically audit connections to enforce the above requirements.

First Step may change its access numbers at any time. Members are solely responsible for determining if use of a particular dial-up number will result in any long-distance, toll, or any other charges, including simultaneous login charges. First Step is not responsible for any long-distance, toll, or any other charges.

First Step shall not be obligated to retain electronic mail for longer than thirty (30) days.

Acceptable Usage - Long Distance, Local Toll and 8xx Services

Service is offered subject to the availability of the necessary systems, facilities, and equipment, and where First Step provides Service. First Step reserves the right to discontinue or limit Service when necessitated by conditions beyond its control, when Service is used in violation of these terms and conditions or the law or to meet changing regulatory or statutory rules and standards.

Unsolicited Commercial Email ("SPAM")

First Step maintains a zero tolerance for SPAM. First Step extends its anti-spam policy to name servers, websites, server collocations, and other services that either benefit from or support spam. All complaints will be fully investigated. Members that knowingly provide and/or support spam services will be immediately terminated and their contact information provided to the complainants involved. In order to prevent network abuse and exploitation, First Step requires Members to notify it of the existence of any Member hosted MAIL and/or DNS server that utilizes First Step network resources.

Report violations by emailing abuse@firststep.net. Please include the:

• IP Address used to commit the violation,
• date and time that the violation occurred along with the applicable time zone, and
• evidence of the violation.

If action is necessary, First Step will:

• issue warnings,
• suspend service,
• terminate service,
• bill for administrative and/or reactivation charges,
• bring legal action to collect damages, if any, which result from violations.

These policies shall be enforced by all existing and future agents, partners, affiliates, and/or subsidiaries of First Step.

Termination of Service

Services without specific terms or contacts will automatically renew at the same term length (i.e. month-to-month, quarterly, annual, etc.) and at the then prevailing service rate. First Step reserves the right to change prices of the Service upon 30 days notice. First Step reserves the right to change features of the Service at any time. Current Service prices and features may be obtained by visiting our website or by calling (800) 385-9000.

For fixed-location services, like DSL or other broadband service, moving to another location will require the service to be re-provisioned at the new location. This may result in substantial interruption of the Service and will result in fees associated with cancellation and setting up a new account. Early termination charges will apply even if the cancellation is for reasons of a move to another location.

Accounts involving any First Step services are not closed or suspended in any way for "Lack of Use". Lack of use does not relieve the Member for charges that accrue on the account during the Membership period. Refunds for dial-up service terms longer than month-to-month will be prorated at the prevailing standard dial-up rate based on the date of the account closing.

First Step does NOT provide refunds for partial month usage of any of its services. In order to avoid full monthly charges, the account must be closed BEFORE the first day of the current service month. No exceptions will be made to this policy.

Credit Card Payments

Credit cards designated by Member as payment for services shall remain the "card of record" and shall be used for all future renewal charges until Member notifies First Step that a different card should be used. Member is responsible for keeping any and all credit card information up to date. Member agrees to authorize First Step to extend the expiration date of any expired card on file.

Early Termination and Non Payment

Upon early termination of a service term, the Member will be charged an early termination fee which shall be based on the remaining balance of the entire term unless otherwise specified on the service order. The Member understands that non-payment of any outstanding balances is considered an act of "early termination" and agrees to immediately remit the early termination fee.

The Member acknowledges that First Step reserves the right to restrict and/or revoke all access to servers, content, subscribers, databases, and facilities that utilize First Step resources. First Step shall not be responsible for any business interruption that may occur as a result of its decision to revoke such access. First Step shall make reasonable attempts to collect any outstanding balances and will disseminate the details of such attempts to various credit reporting agencies. If unsuccessful, First Step will employ the services of a collections agency.

The Member is liable for all expenses that First Step incurs as a result of its attempt to collect any outstanding balances or early termination fees.

Invoice charges that are 5 days overdue will be assessed a late fee equal to no less than $5 and no more than 5% of the outstanding balance. An invoice is considered overdue if full payment has not been received by the first day of service covered by the invoice in question.

Members will be billed a $25.00 returned check fee plus any necessary collection costs. Members may then be required to pay by other means for future services.

Members will be billed a $40.00 chargeback fee plus any necessary collection costs for any accurate and timely credit card charges that are disputed by the Member.

Service Level Agreement

First Step provides a high level of service availability. Availability does not include regularly scheduled maintenance events, emergency maintenance events, ILEC (incumbent local exchange carrier) caused outages, or Member caused outages. Member caused outages include but are not limited to compromised and/or infected systems, faulty inside wiring, negligence, and violations of our Acceptable Usage. Unavailability events are defined as any outage of the "service" for a period of 10 or more consecutive minutes. The Member must report service unavailability within 48 hours of the event. Upon confirmation of the event, First Step will issue a pro-rated service credit that equals the time of Unavailability. If the duration of the event was greater than 15 minutes, the Member will be issued a service credit of one day.

Service speed can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of First Step. First Step provides the Service on a "best effort" standard and does not guarantee upload or download speeds. Some line stabilization may be necessary for service. Line stabilization could include the lowering of provisioned line speed. Should the lowering of line speed occur, First Step will not be able to increase the line speed once the connection is stabilized. Some Services may only work using certain phone service carriers or non-PBX (including rollover/party line) phone systems.

First Step may rely on third parties to provide a portion of the Service. Selection of Third Party Vendors is made by First Step, which reserves the right to change Third Party Vendors at any time. First Step reserves the right to add, change, or delete Services at any time.

Liability

The Member agrees that First Step shall have no liability for the services, data or information transported across the "service" nor any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies. The Member understands that First Step and delivery of the "service" must occasionally rely on the facilities and services of third parties. Thus, the Member agrees not to hold First Step responsible for the failure to deliver the "service" due to the state of facilities (i.e. telco switching or wiring centers, traffic exchange points, gateways, hosts, etc.) not owned and/or under the control of First Step.

The Member shall be responsible for all costs and fees associated with the acquisition, installation, and maintenance of any customer premises equipment ("CPE") and local loop that might be related to the "service" unless the Member has purchased a "managed" or "bundled" service from First Step. Under no circumstances shall First Step be responsible for this cost. Furthermore, the Member will be liable and assessed a $150 fee for any missed on site appointment unless the Member has provided 48-hour prior notice.

Services may include equipment provided by First Step ("the Equipment"). The installation, use, inspection, maintenance, repair, and removal of the Equipment may result in service outage or potential damage to your computer. You are solely responsible for making copies ("backing up") of all of your existing computer files and data. First Step and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals. You assume responsibility for impacts to or loss of any warranty associated with the opening of your computer for installation purposes.

The Member agrees to indemnify and hold First Step harmless in any legal action which arises as a result of the use of the "service", without limitation or exception including, but not limited to any action brought against the Member by a third party.

Pricing

The Member agrees that First Step may need to modify pricing prior to service delivery. Such pricing modifications shall only be made in the event that First Step incurs expenses that were unexpected and/or could only be determined once the order had been placed. These expenses may include but are not limited to ILEC construction charges, carrier meet points, line conditioning, long haul transport, and circuit design fees. Prior to service delivery, the Member may elect to be responsible for and accept the modified pricing or simply cancel the service order. The Member acknowledges that changes in legislation or market conditions may affect the price and availability of services provided by First Step and agrees to further indemnify and hold First Step harmless for any changes that might be necessary to affect a resolve or provide remedy under such conditions. These changes may include increased prices or service termination. First Step provides no guarantee as to the fitness of use.

Choice of Law and Forum

The Member agrees that the Terms-of-Service shall be governed by and construed in accordance with the laws of the State of Michigan. The Member agrees that the exclusive jurisdiction for any claim or action arising out of or relating to these "Terms-of-Service" or use of First Step resources shall be filed only in the state or federal courts located in the State of Michigan. The Member further agrees to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Assignment or Transfer

First Step controls all Services provided under these terms and conditions and Member may not transfer or assign the use of Services without the express consent of First Step. First Step's consent shall be in its sole discretion.

Terms of Services Last Updated on 09.13.07