Internet Access Agreement 1) Introduction I understand and agree that, subject to the terms and conditions of this Agreement, and the policies referenced herein, Las Vegas Dialup shall provide me (the Subscriber) with certain Internet access and/or web site hosting services (the Network). By accessing the Internet through the Las Vegas Dialup Network, I understand that I, and/or any person using my login identification (Authorized Users) explicitly and implicitly accept the terms and conditions contained in this Internet Access Agreement (the Agreement) and I agree to be bound thereby. I UNDERSTAND THAT LAS VEGAS DIALUP RESERVES THE RIGHT TO TERMINATE THIS ACCOUNT AT ANY TIME, FOR ANY REASON. 2) Provision of Services/Access I understand and agree that I am fully responsible for the use of the Network by me or by anyone whom I permit to use my account, and that Las Vegas Dialup reserves the right to terminate my account at any time, for any reason. Las Vegas Dialup will provide me and my authorized users analog or digital access to the Internet, depending upon the rate plan selected, subject to conditions generally beyond the control of Las Vegas Dialup, including, but not limited to, the type and condition of the equipment (personal computer, modem, etc.) I have. I understand that simultaneous, multiple logins under the same login identification are not allowed. I understand that the Network may be temporarily unavailable or limited because of capacity limitations and may be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocations, repairs, and similar activities necessary for the proper operation of Network, as well as conditions of the Internet beyond Las Vegas Dialup's control. 3) My Obligations a) I understand that I am responsible for determining whether a Las Vegas Dialup phone number is within my local calling area, and for any long distance charges I may incur in connecting to Las Vegas Dialup. b) I understand that I may cancel my account at any time, but that I am responsible for the entire monthly charge in the month in which I cancel, in addition to any additional usage charges accrued though the day I cancel. c) I understand that Las Vegas Dialup may change its prices from time to time, and that I will be provided with at least 15 days written or electronic mail notice of any such changes. d) I understand that I can not use or permit other users to use the Network in ways: i) that are unlawful; or ii) infringe the rights of others; or iii) interfere with users of Las Vegas Dialup's Network or other networks; or iv) infringe upon the copyrights, trademarks or other intellectual property rights of others; or v) otherwise violate the policies referenced in this Agreement. f) I understand that I must comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Network (i.e., data encryption software). 4) Security I understand that the information available through Las Vegas Dialup's Network or other interconnecting networks may not be accurate, including the content displayed on my PC's desktop. I understand that some of the information available through Las Vegas Dialup's Network or other interconnecting networks may be intended for adult audiences. I understand that Internet communications are not secure, and may be subject to interception or loss. I understand that Las Vegas Dialup makes no warranties of any kind, whether expressed, implied, or statutory concerning either the security of data and/or information or its accuracy available through the Las Vegas Dialup Network, or other interconnecting networks. 5) Term and Termination I agree that this Agreement becomes effective upon registration of my login identification name and shall remain in effect for the period indicated in the rate plan selected or until terminated as provided in this Agreement. I further acknowledge that this Agreement shall continue in effect for consecutive additional terms following the Initial Term until either Party gives the other party online notice or other notice of termination at least thirty (30) calendar days prior to the expiration of the then-current term. I understand that Las Vegas Dialup reserves the right to terminate my account at any time, for any reason, including, but not limited to, my failure to abide by the terms of this agreement or my failure to pay any fees or charges when due. If my account is deactivated, I understand that I may be required to pay reactivation charges and a prepaid deposit in order to reactivate my account. If my account remains inactive for a period exceeding thirty (30) days consecutively, I understand my account may be deleted. If my deleted account includes content stored on Las Vegas Dialup's servers, anything stored therein will also be deleted. I understand that violation of certain generally accepted guidelines on Internet usage, such as restrictions on mass e-mailings and mass advertising, or posting to inappropriate newsgroups, may cause severe operating difficulties for Las Vegas Dialup, and would likely be a cause for termination of my account. I agree to abide at all times by Las Vegas Dialup's then-current Usage Policies. 6) Pricing/Payments/Credits If I have given my credit card number to Las Vegas Dialup, I understand that charges will be automatically billed to my credit card each month for the basic service fee and any additional usage fees. I expressly authorize this automatic billing by Las Vegas Dialup. I understand that Las Vegas Dialup's monthly billing cycle runs from the date of registration to the same date the following month. I agree and understand that I will be billed for the next month's basic service fee on the anniversary date each month, and that invoice will reflect the next month's basic service along with additional usage fees, if any, from the previous month. I agree that all charges are considered valid unless disputed in writing within thirty days of invoice date. I understand and agree that Las Vegas Dialup shall not be responsible for any charges or expenses that I may incur resulting from overdrawing my bank account or exceeding my credit card limit as a result of an automatic charge generated by Las Vegas Dialup pursuant to this authority. I understand there shall be no credits, reductions, or setoffs against the charges for service for downtime or interruption of Service. I understand there will be no prorating for Service in either the first or last months of Service. 7) Disclaimer And Limitation Of Liability I understand that the use of my Las Vegas Dialup account, and any data or information accessed using that account, will be completely at my own risk. I understand that the cumulative liability of Las Vegas Dialup for any and all claims relating to the services provided by Las Vegas Dialup, in contract, tort, or otherwise, shall not exceed that total amount of the basic service fees paid to Las Vegas Dialup for services within the preceding twelve months. I agree that Las Vegas Dialup shall have no liability for any consequential, indirect, special or incidental damages regardless of the success or effectiveness of other remedies. LAS VEGAS DIALUP SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICES, FAILURE OF COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTION, NOR SHALL LAS VEGAS DIALUP BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY SUBSCRIBER'S OR ITS AUTHORIZED USERS'S EQUIPMENT. SUBSCRIBER HEREBY RELEASES LAS VEGAS DIALUP FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA THE NETWORK. LAS VEGAS DIALUP'S PERFORMANCE UNDER THIS AGREEMENT SHALL BE EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL COMMOTIONS, ACTS OF GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. LAS VEGAS DIALUP SHALL NOT BE LIABLE IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF SUBSCRIBER'S OR ITS USERS'S EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL LAS VEGAS DIALUP BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, OR SIMILAR LOSS. THE LIABILITY OF LAS VEGAS DIALUP FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF OR DISRUPTION OF SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THAT TOTAL AMOUNT OF THE BASIC SERVICE FEES PAID TO LAS VEGAS DIALUP FOR SERVICES WITHIN THE PRECEDING TWELVE MONTHS. LAS VEGAS DIALUP MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE NETWORK, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW. 8) Law And Jurisdiction I understand and agree the laws of the State of Nevada govern this Agreement and my Las Vegas Dialup account. I expressly agree that exclusive jurisdiction for any claim or dispute with Las Vegas Dialup or relating in any way to my account or my use of Las Vegas Dialup resides in the courts of Nevada. I further agree and expressly consent to the exercise of personal jurisdiction in the courts of Nevada in connection with any such dispute, including any claim involving Las Vegas Dialup or its affiliates, subsidiaries, employees, contractors, officers, or directors. 9) Indemnity I agree to defend, indemnify and hold Las Vegas Dialup and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from, any violation of this agreement by me or those who access the Network through my account, or the use of the Network or the Internet whether or not I have knowledge of or have authorized such access or use, including, without limitation, claims for libel, slander, invasion of privacy, infringement of copyright, patent infringement, or other tortious behavior. I agree to indemnify Las Vegas Dialup along with any parties from whom Las Vegas Dialup obtains network services, and to hold them harmless from any claims resulting from the use of the Network by me or any authorized users that damage another party or that violate the law. 10) Complete Agreement/Amendments This agreement, when read in conjunction with the then-current published Las Vegas Dialup Usage Policies (incorporated herein by reference as if fully set out) represents the complete agreement between Las Vegas Dialup, LLC. and myself with respect to the subject matter of this Agreement, and supersedes any other written or oral agreement. I understand and agree that Las Vegas Dialup may amend or modify this agreement and/or the Las Vegas Dialup Usage Policies, or impose new conditions at any time. Any use of Las Vegas Dialup's Network subsequent to any changes or amendments shall be deemed to constitute acceptance by me of the then-current service agreement (including any amendments, modifications or new conditions) as published and made available via a link on the Las Vegas Dialup Access home page. 11) Las Vegas Dialup Disconnect Policy Las Vegas Dialup reserves the right to disconnect a dial-up account after 15 minutes of inactivity, as detected by Las Vegas Dialup through electronic means. This time is approximate and subject to change without notice in Las Vegas Dialup's sole discretion. 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 AutoDial features to maintain an active connection or repeatedly checking for e-mail by autolog-in to the mail server. Las Vegas Dialup reserves the right to electronically audit connections to enforce the above requirements. Las Vegas Dialup reserves the right to disconnect a dial-up account after 4 hours of continuous connect time. This time is approximate and subject to change without notice in Las Vegas Dialup's sole discretion. Las Vegas Dialup reserves the right to electronically audit connections to enforce the above requirements.