Program

Customers may earn a reward for each person they refer to become a New Customer of Softcom Internet Communications under the Softcom Internet Communications Refer-a-Friend program. A Softcom customer becomes a Referring Customer when a New Customer provides the referring Softcom customer’s Softcom email address in the box designated for referrals during the registration process.

A "New Customer" is a new subscriber that signs up for one of the standard Softcom dial-up Internet access services through the Internet, provides the Softcom e-mail address of one Referring Customer during the registration process, elects payment by credit card and provides a valid credit card, and remains an active customer with an account in good standing for the first three months following registration. A New Customer cannot be a current or former user of any Softcom services within one prior year. New Customers specifically excludes any customer that signs up over the telephone or elects to pay for service by any other method than credit card unless otherwise allowed by Softcom.

Referral Process

New Customer’s must enter the Referring Customer's Softcom email address (an email address with @softcom.net as the mail domain) in the box designated for referrals during the registration process. If a referral box or other mechanism is not provided during the registration process, then the particular service is not part of the Refer-a-Friend program. Without limiting the generality of the foregoing, versions of the service that are less than $12.45 per month or include trial or free months are not eligible for the Refer-a-Friend Program. New Customers that change from an eligible version of the service to an ineligible version of the service during the initial three month period do not qualify for rewards. If an e-mail address other than a Softcom email address is provided, no reward will be earned even if such e-mail address correctly identifies a particular Referring Customer. A New Customer may indicate only one Referring Customer. No corrections, referrals or changes may be provided after registration is completed. Softcom employees (and employee family members) or employees of any Softcom subsidiaries are not eligible to participate in the Refer-a-Friend program.

Reward

The amount of the one-time reward payable for each New Customer attributable to a particular Referring Customer is set forth on the Softcom affiliate web page at http://www.softcom.net/refer/. A Referring Customer will receive the applicable reward only when a New Customer satisfies all of the required conditions. Softcom reserves the right to determine, in its sole discretion, whether a particular referral or New Customer is fraudulent, and may withhold reward payments until such determination. Fraudulent referrals do not qualify for rewards.

Payment

Softcom will pay rewards to Referring Customers approximately 90-120 days after receiving an initial validation email. Payment will be made in the form of a check sent to the address specified in a Referring Customer’s profile. To update a customer profile or if a reward has not been received within 120 days, contact billing at (800)982-7675 between the hours of 8am-5pm M-F. Referring Customers are responsible for providing correct address information at all times, and Softcom is not responsible for undeliverable payments.
Please report any questions or problems to referrals@softcom.net. Customer service representatives cannot answer questions relating to the Refer-a-Friend program over the telephone.

Changes

Softcom may, in its sole discretion, alter or discontinue any aspect of the Softcom Refer-a-Friend program at any time, with or without notice, and without liability. Visit these rules periodically for updates and/or changes. Softcom may terminate or suspend your participation in the Refer-a-Friend program at any time.

Warranty Disclaimer; Limitations; Indemnification

EXCEPT AS EXPRESSLY INDICATED OTHERWISE, SOFTCOM HEREBY DISCLAIMS ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL SOFTCOM BE LIABLE OR OBLIGATED UNDER THIS AGREEMENT WHETHER UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR (I) INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, OR (II) ANY AMOUNT IN EXCESS OF THE AMOUNT PAYABLE BY SOFTCOM TO A REFERRING CUSTOMER HEREUNDER. Referring Customer shall defend, indemnify and hold Softcom and its successors and assigns harmless from and against all claims, suits and proceedings and any and all damages, liabilities costs and expenses (including reasonable attorneys' fees and court costs) incurred by Softcom as a result of any and all such claims, suits and proceedings against Softcom arising from Referring Customer’s actions.

The Refer-a-Friend program shall be governed by and construed in accordance with the laws of the State of California without regard to conflicts of laws provisions thereof. In the event that any of the provisions of the Refer-a-Friend program shall be held by a court of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this program shall otherwise remain in full force and effect and enforceable. These rules contain the entire understanding of the parties hereto with respect to the transactions and matters contemplated herein and supersede all previous agreements, communications and understandings and course of dealing between Softcom and a Referring Customer.

These rules were last modified on May 22, 2003