KwikNet InterNet Access Company Terms of Service / Agreement Last Updated: 1998-September-21 These terms and conditions supersede all previous representations, understandings or agreements and shall prevail, notwithstanding any variance with terms and conditions of any contract submitted. Use of any of KwikNet's services constitutes acceptance of these terms and conditions. KwikNet reserves the right to modify these terms and conditions at any time and in any manner. Any modification is effective immediately upon posting. Subscriber agrees that continued use of KwikNet's services following notice of any modification to KwikNet's terms and conditions shall be conclusively deemed as Subscriber's acceptance of any such modifications. Payment of monthly service fees is due before the first day of the month to be served. Payments not made before the 1st of the month will be considered delinquent and may be subject to a $5.00 late fee. Returned checks are subject to a charge of $25.00. Monthly service is not pro-rated. All services renew automatically at the end of the term until Subscriber cancels the account. Subscriber agrees to pay all billed amounts until Subscriber cancels the account. Accounts cannot be transferred or used by anyone other than the Subscriber. Accounts which have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation. Subscriber may use no more than one login session at any time. If the Subscriber has multiple accounts, the Subscriber is limited to one login session per account at any time. Subscriber may remain connected for as long as they wish, provided that the connection is being interactivly used at all times. Connections that are idle for more then 15 minutes are subject to disconnection. Use of KwikNet's services for commercial, business, resale or wholesale purposes is not permitted. Accounts are for personal use on one computer only. Use of KwikNet's services for commercial, business, resale or wholesale purposes requires additional documentation not accounted for in this agreement. The failure of KwikNet to insist upon or enforce strict performance by Subscriber 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 provisions of this Agreement. KwikNet exercises no control whatsoever over the content of the information passing through its network. KwikNet makes no warranties of any kind, whether expressed or implied, for the services it is providing. KwikNet also disclaims any warranty of merchantability or fitness for a particular purpose. KwikNet will not be responsible for any damage its subscribers may suffer. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or subscribers' errors or omissions. Use of any information obtained via KwikNet is at your own risk. KwikNet specifically denies any responsibility for the accuracy or quality of information obtained through its services. Furthermore, KwikNet exercises no control over the quality or clarity of any given connection. This includes, but is not limited to line conditions, connect rates, hardware / software defects, hardware/software incompatibilities, and improper configuration. LIMITATION OF LIABILITY: KwikNet will not be liable under any circumstances for any lost profits or other consequential damages, even if KwikNet has been advised as to the possibility of such damages. KwikNet's liability for damages to Subscriber for any cause whatsoever, regardless of the form of action, and whether in contract or in tort, including negligence, shall be limited to one (1) month's fees and the remaining portion of any prepaid fees. INDEMNIFICATION: Subscriber agrees that KwikNet will not be responsible for any indirect, consequential, special, or punitive damages or losses they may incur in connection with its use or as the result of any data or materials transmitted through or residing on it. In addition, Subscriber agrees to defend and indemnify KwikNet and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorney fees) relating to any acts by you or materials or information transmitted by you, in connection with our network, leading wholly or partially to claims against us or our network by other Internet users or third parties. Subscriber may terminate his or her service at any time, upon written notice to KwikNet, sent by electronic mail to cancel@kwiknet.net, by US Mail to the following address: KwikNet, Post Office Box 1026, Delran, New Jersey 08075-0826, or by calling 856-461-1191. Accounts cannot be terminated without UserID, password and last four (4) digits of the credit card being used for the service. Termination of contracts with durations greater than one month will be refunded pro-rated at the current monthly rate. Notification of termination of monthly service must be given before the first day of the next month to be served. Refunds for the current month's service will be issued if notification of termination is received before the 7th day of the month and the service has not been used. Setup fees, transaction fees and other non-recurring charges are not refundable. New subscribers may receive a full refund for up to 15 days, exluding non-recurring charges and setup fees. KwikNet's services may only be used in accordance with KwikNet's Acceptable Use Policy. KwikNet reserves the right to cancel service for violation of this Acceptable Use Policy. KwikNet reserves the right to change any service offered. This includes but is not limited to price, features, access, use procedures, idle disconnections, bandwidth usage, system hardware and software configuration / requirements. KwikNet reserves the right to delete any and all data, files, or other information that is stored in the Subscriber's account. Therefor, it is the customer's responsibility to maintain a backup of any critical data stored on KwikNet's systems. Further, KwikNet reserves the right to review customer data stored on KwikNet's systems for system administrative purposes. KwikNet reserves the right to cancel Subscriber's account at any time, for any reason, or for no reason without prior notice. If KwikNet revokes access for any violation of its Terms and Conditions / Agreement or Acceptable Use Policy, KwikNet will not reimburse any unused prepaid fees. Subscriber agrees that he or she shall be fully responsible for the conduct of those using KwikNet's services through their account. Subscriber shall be liable for any misuse. You will notify KwikNet of any changes in billing and contact information relating to your account. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey. Subscriber irrevocably consents that the laws of New Jersey will apply to all matters relating to this agreement, and the courts of New Jersey will have exclusive jurisdiction over any legal actions.