TERMS AND CONDITIONS FOR DIAL UP ACCESS

(This Agreement is a legal document that governs your relationship with us. Whenever we use the term "we," "us," or "our", we are referring to NetConX LLC. Whenever we refer to "you" or "your," we are referring to you, our customer.)

AGREEMENT

Please read this document carefully. It comprises the entire contract between you and us. By completing the enrollment process and using our service, you agree that this Agreement legally binds you just as if you had signed it. We reserve the right to modify this Agreement, at any time, upon 30 days notice. When we modify this Agreement, we will send you an e-mail notifying you of the modification and will also post modifications on our web site. You are obligated to review your e-mail at least weekly to check for any modifications to this Agreement. If you do not agree with the modifications, please notify us and we will cancel your account. If, 30 days after we send you an e-mail notifying you of a change to this Agreement, you use our service, your continued use of our service will be deemed your agreement to the modifications as if you physically signed the modifications.

FEES AND COLLECTIONS

We reserve the right to modify our rates and plans by complying with section one above. NetConX bills in advance. Invoices are processed on your anniversary date every month with payment due in 10 days. Payments not received within 20 days will be subject to a late fee of $5. Accounts not paid in full by in 30 days will be suspended. We will charge a reconnection fee of $10 on all suspended accounts. Accounts 60 days past due may be turned over to a collection agency. A bounced check fee of $20 applies to all bad checks. When your credit card expires, we will assume, at our discretion, that your card has been renewed for one, two or three years. If the card has not been renewed, you must immediately furnish us with new credit card information to avoid late payment penalties.

ENTIRE AND ONLY AGREEMENT

This Agreement is the entire and only Agreement between you and us with respect to our service. PASSWORD When you enroll, we will give you a unique password. You are responsible for keeping your password a secret. You are fully responsible for any harm resulting from disclosing your password to anyone. If someone improperly uses your password, you will be fully responsible for that unauthorized use. Be aware that we would never call and ask you for your password as a way of identifying you, as a way to correct any "problems" with your account, or for any other reason at all. If you call us, we may ask for your password to verify your identity, to correct errors or to change your password.

TELEPHONE CHARGES AND EQUIPMENT

You are fully responsible for all telephone charges, local and long distance, incurred for accessing our service. You are also responsible for providing and maintaining all computer and telecommunications equipment at your location.

TAXES

You agree to pay all sales, use, or other government tax levied upon things billed to your account.

YOUR RESPONSIBILITY OF USE

You are fully responsible for your communication when you use our service. You may not, under any circumstances, use our system to do any of the following: (a) publish or distribute material that infringes upon someone's intellectual property rights including, without limitation, copyright, trademark, or other intellectual property rights; or (b) participate in communications which could be deemed threatening, obscene, defamatory or otherwise unlawful. You agree to use good "Netiquette" (etiquette) regarding the Internet. This means no mail spamming, hacking, illegal activity or other conduct detrimental to a third party or us. Anyone partaking in these types of activities will have their service immediately canceled and will be held responsible for any losses, expenses, and time NetConX incurs because of such actions. We will bill these time charges at our consulting rate of $50 per hour. The Internet is a global media. Some content on the Internet may not be suitable for children. It is the parent's responsibility to monitor their child's activities on the Internet. We run a completely open system and do not censor anything. If the parent wishes to restrict access to content, they must do it. Individual dial-in accounts are for personal, non-transferable, casual use. NetConX does not meter usage of shared resources such as dial-in lines and modem connections. However, you agree not to use shared resources to such as degree that such use adversely impacts the availability of the network for other users. You acknowledge that individual accounts are not intended for those situations where a modem connection is maintained semi-permanently. Individual users agree that at no time will you maintain more than one simultaneous modem connection. You agree that NetConX may, at its sole discretion, automatically disconnect sessions with no activity for a prolonged period of time. You also agree that you will not use automated programs to defeat idle timeout. Anyone attempting to do so will have their account immediately terminated or suspended. We may terminate or suspend your account with us at any time, with or without cause, 24 hours after we send you an e-mail telling you that we are terminating or suspending your account. We may do this even if you have not read the e-mail sent to you. If you violate Section 7 of this Agreement, your account may be canceled immediately and all files may be removed from our system without notice.

RESPONSIBILITY FOR BACKUP

We are not responsible for any personal files that you store on our system. You are completely responsible for setting up an independent backup routine for data that you store on our system.

DELETION OF FILES

We reserve the right to delete all of your personal files from our system seven days after termination of this Agreement.

PRIVACY

We will not intentionally monitor nor disclose any private information or communication unless permitted or required by law to do so.

LIMITATION OF WARRANTY

BY USING OUR SERVICE, YOU AGREE TO ACCEPT OUR SERVICE ON AN "AS IS," "AS AVAILABLE" BASIS. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES CONCERNING THE AVAILABILITY OF OUR SERVICE, AND THE ACCURACY OR CONTENT OF ITS INFORMATION, PRODUCT OR SERVICES. WE ALSO SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

You agree that your use of our service is entirely at your own risk. You agree that we will not be responsible to you for any damages resulting from, or related to, any failure or delay by us in providing online access to you under this Agreement. We are not responsible to you for any delays in performance or even our failure to perform under this Agreement. If, at any time, you feel that we have performed improperly under this Agreement, we will, at your request, cancel this Agreement and refund the balance due on your account. Under absolutely no circumstances will our liability exceed a refund of one month's fee to you. In no event will we be responsible to you for indirect, special, or consequential damages, or lost profits, arising out of or related to this Agreement, even if we have been advised about the possibility of those damages. Any claim or legal action arising out of failure, malfunction or defects in our service, or arising from this Agreement in any way, must be brought within one year following the occurrence of the circumstances giving rise to that claim or that claim will be deemed waived for all purposes. In the event of litigation between you and us with respect to this Agreement, the prevailing party will be entitled to reimbursement for attorney's fees and costs at trial and on appeal.

INDEMNIFICATION

You agree to indemnify us from and against any and all liabilities, expenses, including attorney's fees, and damages arising out of claims based upon your use of our service, including any claim for libel, slander, defamation, violation of rights of privacy or publicity, loss of service by other customers, and the infringement of intellectual property rights of others.

AGE REQUIREMENT

You must be at least 18 years old to have your own account with us. By opening your own account, you are representing to us that you are at least 18 years old. 1/13/98