1. General Terms and Conditions: This is an agreement between the customer shown below ("Subscriber") and Cumberland Internet Inc. ("Company") for the provision of internet telephone access.
2. Availability: Dial in service is available to the subscriber. Subscriber is aware of Minimum System Requirements. Service may be temporarily refused, limited, interrupted, or curtailed due to government regulations or order, system capacity limitation, or equipment modifications, upgrades, repairs and similar activities necessary or appropriate for the proper operation of the Service.
3. Use of Service: Service is furnished for Subscriber's own use and not for resale. Subscriber represents that the Service will be used primarily for business or personal use. Orders for activating, changing or terminating Service will be accepted by the Company only from Subscriber. Subscriber has no proprietary or ownership rights to or interests in any E-Mail name and the Company shall have the right to change E-Mail name by giving notice to Subscriber.
4. Terms/Rates/Termination: The term of this agreement will commence on the date shown below and continue on a month to month basis or until terminated in the manner below. Subscriber understands that current rates may change upward or downward in Company's sole discretion, and further understands and agrees that such changes shall automatically and without written amendment become part of this agreement for service. Subscriber agrees to pay all such charges as billed. Should Subscriber default in the payment of any sub hereunder, breach any representations herein, fail to perform any obligations at the time and in the manner specified, or should Subscriber be the subject of any proceeding under the Bankruptcy Act or become insolvent, company shall have the right to discontinue Service at any time with written notice and/or terminate this Agreement. Subscriber shall remain and be liable for the payment of all charges due Company which shall be immediately due and payable. These remedies are not exclusive but are in addition to all remedies provide by law. In the event of Subscribers default, Subscriber will reimburse Company for reasonable attorney's fees, collection fees and similar expenses incurred by Company in the enforcement of any right or privilege hereunder.
5. Billing and Payment of Charges: Subscriber is responsible for payment of all charges for internet services provided. Monthly charges for internet access are due on the first of the month for that month's service.
6. Sales Tax, Etc.: In addition to the costs of Services provided under this Agreement, Subscriber shall pay any applicable sales, use, public utility or other taxes, fees or charges imposed on Company as a result of providing Service to the Subscriber.
7. Limits of Liability: Our sole liability to you for mistakes, omissions, interruptions, delays, errors, defects or curtailments in the service we furnish you is as follows: we will make a credit allowance, at your request, in the form of a pro rata adjustment of the fixed monthly charges we bill you. The form of a pro rata adjustment of the fixed monthly charges we bill you. The pro rata adjustment will be computed by dividing the duration of the service interruption (measured in 24 hour days from the time the interruption is reported to us) by a standard 30 day month and then multiplying that result by our fixed monthly charge. A period of time less than 24 hours shall not be credited and an additional period of 12 hours or more shall be considered an additional day. In no case shall the credit exceed the monthly access charge. This is our complete and only liability to you for such interruption. You further agree that our liability is limited as set forth herein, and expressly excludes any liability or obligation to customer for special, commercial, incidental or consequential damages of any kind incurred by customer, such as but not limited to claims or damages from loss of use, loss of anticipated profits, or other incidental or consequential economic losses of any kind incurred by Customer directly or indirectly resulting from interrupted service. In no event shall we be liable for interruption or delays in transmission, or for errors or defects in transmission or for failure to transmit when such are caused by acts of God, Fire, War, Riots, Government Authorities or by other causes beyond our control.
8. Use of the Internet: You understand that you may access both the Internet in general, and in particular Cumberland Internet Inc. services on the Internet through the software provided. You understand further that, except for information , products or service clearly identified as being supplied by Cumberland Internet Inc., neither Cumberland Internet Inc. nor any of its affiliates controls any information, products or services on the Internet in any way, and that, except for such Cumberland Internet Inc.-identified information, products or services, all merchandise, information and services offered or made available or accessible are offered or made available or accessible by third parties who are not affiliated with Cumberland Internet Inc. or its affiliates. You assume total responsibility and risk for your use of the Internet through the software. Neither Cumberland Internet Inc. nor its affiliates make and express or implied warranties, representations or endorsements whatsoever (including but without limitation warranties or title or non-infringement, or implied warranties or merchantability or fitness for a particular purpose) with regard to any merchandise, information or service provided through any Cumberland Internet Inc. service or on the Internet generally, and they shall not be liable for any cost of damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise, provided on the Internet. You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your own risk. Cumberland Internet Inc. has no control over and accepts no responsibility whatsoever for such materials. Under no circumstances shall Cumberland Internet Inc., it affiliates or its contractors be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from your use of or inability to access the Internet or any part thereof through the software, or your reliance on or use of information, services or merchandise provided on the Internet or through use of the software, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission , or any failure of performance.
9. Making purchases on the Internet: If you wish to make purchases on the Internet or any Cumberland Internet Inc. service on the Internet, you may be asked by the merchant or information or service provider from who you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree that all information you provide any merchant or information or service provider on the Internet or through any Cumberland Internet Inc. service fore purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Internet or through any Cumberland Internet Inc. service set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to purchase on the Internet.
10. User Conduct On the Internet: While using the Internet through Software, you may not:
    • Restrict or inhibit any other user from using and enjoying the Internet;
    • (Begin Revision 3/11/98) Customer agrees to use the service in a manner consistent with any and all applicable local, state, national and/or international laws. Use of Cumberland Internet, Inc. network for bulk and/or unsolicited e-mail, commercial or otherwise, is prohibited and shall be cause for immediate account termination. Bulk e-mail is defined as the same or similar e-mail message sent to more than 25 recipients.
    • All Cumberland Internet, Inc. network subscribers agree to use and use only the e-mail address as confirmed at the time of signup for their 'return' and/or 'reply-to' internet e-mail address. The use of a 'fake' e-mail address, e-mail address belonging to another Internet user, or no e-mail address is a 'return' and/or 'reply to' Internet e-mail address is prohibited and such use shall be cause for immediate account termination.
    • Use of Cumberland Internet, Inc. network NNTP news server for spamming is prohibited and shall be cause for immediate account termination. Use of the Cumberland Internet, Inc. NNTP news server for software distribution, cross-posting messages to more than 10 news groups, the posting of off-topic messages to newsgroups, and/or as an advertising medium is prohibited and shall be cause for immediate account termination.
    • Customer is responsible for all use of account(s) and confidentiality of password(s). Cumberland Internet, Inc. will suspend or change access to Customer's Account(s) immediately upon notification by Customer that a password has been lost, stolen or otherwise compromised Multiple concurrent logins for a single-use account will be cause for immediate account termination. (End Revision 3/11/98)
    • Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation to the U.S. Export control laws and regulations;
    • Post or transmit any information or software which contains a virus, cancelbot, Trojan horse, worm or other harmful component;
    • Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Software for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
    • Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Software which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; or
    • Upload, post, publish, reproduce, transmit or distribute in any way any component of the Software itself or derivative works with respect thereto.
11. Cumberland Internet Inc. has no obligation to monitor the Internet or any Cumberland Internet Inc. service on the Internet. However, you agree that Cumberland Internet Inc. has the right to monitor electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate its services properly, or to protect itself or its subscribers. Cumberland Internet will not intentionally monitor or disclose any private electronic-mail unless required by law. Cumberland Internet Inc. will not intentionally monitor or disclose any private electronic-mail message unless required by law. Cumberland Internet Inc reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
12. Failure to Comply with Agreement: Cumberland Internet, Inc. may deny you access to any Cumberland Internet, Inc. service on or relating to the internet without notice if you engage in any conduct or activities that Cumberland Internet, Inc in its sole discretion believes violates any of the terms and conditions in this Agreement. If Cumberland Internet, Inc. denies you access to any such service because of such a violation you shall have not right (1) to access through Cumberland Internet, Inc. any materials stored on the Internet, (2) to obtain any credit(s) due to you, and such credit(s) will be forfeited, (3) to access third-party services, merchandise or information on the Internet through Cumberland Internet, Inc, and Cumberland Internet, Inc. shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
13. You agree to defend, indemnify and hold Cumberland Internet, Inc, and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this Agreement by you or authorized users of your account, or in connection with the use of the Software or the Internet by you or authorized users of your account.
14. Miscellaneous- In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Cumberland Internet, Inc.'s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law provisions.

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(Cumberland Internet, Inc. Subscriber) (Cumberland Internet, Inc. representative)

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