Indiana Local Access Agreement

By calling to access the internet, Subscriber, and/or any person using Subscriber's login identification name, or login identification names ordered by Subscriber, is deemed to have accepted the terms and conditions contained in this internet Access Agreements (the "Agreement") and shall be bound thereby.

1. DEFINITIONS:

(a) "Subscriber," as used herein, means an individual, a corporation, or a legal entity who incurs usage charges for the Service for its own use or who incurs such charges on behalf of a third party, i.e., a User.

(b) "User," as used herein, means a Subscriber who uses Service or an individual, a corporation, or a legal entity whose Service usage charges are incurred by a third party, i.e., Subscriber.

2. SERVICE: Indiana Local will provide Subscriber and its Users access to the internet (the "Service"), subject to conditions generally beyond the control of Indiana Local, including the type and condition of the equipment (personal computer, modem, etc.) Of Subscriber and/or its Users. Service may be temporarily unavailable or interrupted or curtailed due to equipment modifications, upgrades, relocations, repairs, and similar activities necessary for the proper operation of Service.

3. ACCEPTABLE USAGE OF DIAL-UP ACCOUNTS: Subscriber and its Users agree to use dial-up accounts solely on an active dial-up basis, meaning only as needed and in no way on standby or inactive basis in order to maintain a connection. Without limitation of the foregoing, Subscriber and its users shall abide by the following provisions regarding usage:

(a) A dial-up account may be used for World Wide Web browsing, reading or posting to a Usenet (see Section 13) newsgroups, sending, receiving and reading electronic mail and transferring files via the file transfer protocol.

(b) A dial-up account shall not be used to host a dedicated server site on the internet.

(c) A dial-up account shall not be accessed simultaneously by multiple users using the same user ID.

(d) A dial-up account has only two mailboxes for incoming electronic mail unless additional mailboxes have been purchased.

(e) Automated processes may not be used such as checking e-mail or pinging the host to maintain a constant connection.

4. INACTIVITY DISCONNECT POLICY: Indiana Local reserves the right to disconnect a dial-up account after 15 minutes of inactivity, as detected by Indiana Local through electronic means. This time is approximate and subject to change without notice in Indiana Local'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 autodialer features to maintain an active connection or repeatedly checking for e-mail by autologging-in to the mail server. Indiana Local reserves the right to electronically audit connections to enforce the above requirements.

5. ACCESS: Service access will be provided via a local telephone number. The Subscriber/User is responsible to determine if in fact the number provided for dial-up to the internet is in fact a local dial-up at time of subscription to Indiana Local.

6. PRICE: Subscriber shall pay to Indiana Local the charges associated with the rate plan selected, including applicable taxes. Indiana Local reserves the right to modify the charges upon 30 days' prior on-line (electronic mail) notice to Subscriber.

7. PAYMENT: Subscriber shall be responsible for paying for the service provided on a monthly basis. Payment will be deemed made when received by Indiana Local.

8. TERM AND TERMINATION: The Agreement becomes effective upon registration of Subscriber's login identification name and shall continue in effect until either the subscriber gives Indiana Local notice of termination of service. Also Indiana Local reserves the right to terminate any past due account without notice.

9. CREDIT: There shall be no credits, reductions, or setoff against the charges for Service for downtime or interruption of Service unless such Service interruption exceeds 24 hours in duration. Indiana Local shall provide Subscriber with a credit equal to 1/30 of the recurring monthly charge for Service for each twenty-four hour period from the time of notice of interruption until Service restoration, provided Subscriber notifies Indiana Local of the Service interruptions. Accumulating periods of non-continuous interruption shall make no adjustments. A credit allowance will not be given for mistakes, omissions, interruptions, delays, errors, defects or curtailments in the Service caused by the negligence or willful act of Subscriber or others, or mistakes, omissions, interruptions, delays, errors or defects caused by failure of equipment or of Service as described in Section 2.

10. LIMITATION OF LIABILITY: INDIANA LOCAL SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICES NOT PROVIDED BY INDIANA LOCAL, FAILURE OF COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTIONS NOT WITHIN THE COMPLETE CONTROL OF INDIANA LOCAL, NOR SHALL INDIANA LOCAL BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY SUBSCRIBERS'S OR ITS USERS' EQUIPMENT. SUBSCRIBER AND USER HEREBY RELEASE INDIANA LOCAL FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA THE SERVICE. INDIANA LOCAL PERFORMANCE UNDER THIS AGREEMENT SHALL BE EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL COMMOTION'S, ACTS OF GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. INDIANA LOCAL SHALL NOT BE LIABLE IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF SUBSCRIBER'S OR ITS USERS' EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL INDIANA LOCAL 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, ETC. THE LIABILITY OF INDIANA LOCAL FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC. THE LIABILITY OF INDIANA LOCAL 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 EQUIVALENT TO CHARGES PAYABLE BY SUBSCRIBER UNDER THIS AGREEMENT FOR THE SERVICE DURING THE PERIOD SUCH DAMAGES OCCUR. INDIANA LOCAL MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED CONCERNING THE SERVICE, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW.

11. INDEMNITY: Subscriber and User shall indemnify and hold harmless Indiana Local from and against any loss, cost, claim, liability, damage, or expense (including reasonable attorneys' fees) to third parties, relating to or arising from the use of Service by Subscriber, User, or any of their personnel, whether or not Subscriber or User has knowledge of or has authorized such access or use, including, without limitation, claims for libel, slander, invasion of privacy, infringement of copyright, patent infringement (where Subscriber or User has used, connected, or combined the service with the products or services of others), negligence, or tortious behavior.

12. SUBSCRIBER RESPONSIBILITY: Subscriber shall ensure that its Users shall comply with the terms and conditions of this Agreement. Any access to other networks connected to Indiana Local's network must comply with the rules of the other networks.

13. USE OF SERVICE: Subscribers and its Users agree to abide by and comply with the following terms and conditions:

(a) Misuse of Service: Subscriber and its Users shall not use the service to make foul or profane expressions, to impersonate another person with fraudulent or malicious intent, to contact another person so as to annoy, abuse, threaten, or harass such other person, or for any purpose in violation of law, or in such a manner as to interfere unreasonably with the use of service by any of Indiana Local's customers. The service and underlying network may only be used for lawful purposes. Transmission of any material in violation of any U.S. or state regulation is prohibited. This includes, but is not limited to: copyrighted material, material which is threatening or obscene, or material protected by trade secret. Subscriber agrees to indemnify Indiana Local along with any parties from whom Indiana Local obtains network services, and to hold them harmless from any claims resulting from the use of the Service by Subscriber or its Users that damage another party or that violate the law.

(b) Usenet policy and posting restrictions: Usenet comprises a system of bulletin boards called newsgroups. Usenet access is provided to dial-up customers of Indiana Local. Subscriber and its Users shall not post to newsgroups until they have familiarized themselves with the subjects and established guidelines and restrictions of the newsgroup. All such Usenet guidelines and restrictions are hereby incorporated herein by reference and subscriber and its Users unconditionally agree to adhere to them. These guidelines and restrictions include, but are not limited to, the following:

.Only post articles that are relevant to the newsgroup. Inappropriate or irrelevant postings are not appreciated by participants of newsgroups nor are they allowed under Usenet protocols. .Most newsgroups do not allow commercial postings. Users should verify this restriction before making any such posting. .Blanket postings to all or large numbers of newsgroups simultaneously with disregard to the newsgroups' subject are forbidden. .Chain letters are not allowed to be posted. .Unauthorized creation of newsgroups is prohibited.

(c) Harm to equipment, software and processes: Subscribers agree unconditionally to not cause harm to Indiana Local or third party equipment, software, or process used in connection with furnishing the Service. In addition to constituting a default under this agreement, any breach of this provision may result in civil and/or criminal penalties pursuant to applicable local, state and federal law.

(d) Content, Accuracy of Information: Indiana Local and its affiliates, along with any parties from whom Indiana Local obtains network services, exercises no control whatsoever over the content of the information passing through Indiana Local's network. Indiana Local makes no warranties of any kind, whether express or implied, for the content of the information passing through its network. Use of any information obtained via the Indiana Local network is at Subscriber's and its Users' own risk or the risk of their affiliates. Indiana Local specifically denies any responsibility for the accuracy or quality of information obtained through its Service.

(e) Offensive and/or Harmful Information: The Internet hosts some material deemed unfit for viewing and reading by minors under the age of 18. Some sites contain information both in text and graphical formats that Subscriber and/or Users may consider obscene and/or harmful. Subscriber and/or Users agree to not hold Indiana Local responsible for sites and postings that could be considered obscene, lewd, offensive, and/or harmful. Subscribers are responsible for their own monitoring and viewing habits and their Users, including minors. Indiana Local does not block, filter or screen postings or sites on the internet in whole or in part.

14. DEFAULT: Upon a default by Subscriber, Indiana Local may in its sole discretion, without limiting its remedies or incurring any liability to Subscriber, either temporarily discontinue or permanently terminate the furnishing of Service to Subscriber in whole or in part. "Default" means any failure by Subscriber to comply with any term of this Agreement, including without limitation, failure to make timely payment of any amount due Indiana Local or failure to comply with the restrictions on use of Service set forth in Section 13. Where Subscriber's equipment is used with Service provided by Indiana Local in violation of any of the provisions herein, Indiana Local will notify Subscriber and take such action as is necessary for the protection of the Service for use by its other customers. Subscriber shall discontinue such use of the equipment or correct the violations immediately and shall confirm in writing to Indiana Local within five days that such use has ceased or that the violation has been corrected, and if Subscriber fails to do so, Indiana Local will disconnect Subscriber's Service , without any credit allowance, until such time as Subscriber complies with the provisions hereof. Indiana Local reserves the right to charge a reconnect fee for any discontinued Service that is subsequently reconnected.

15. EQUIPMENT: Subscriber shall be responsible to provide for the proper installation, operation, and maintenance of Subscriber's equipment used in connection with the Service, and Subscriber shall ensure that such equipment is technically and operationally compatible with the Service and in compliance with applicable Federal Communications Commission rules and regulations.