TERMS AND CONDITIONS OF USE INDRA'S NET, INC. By accepting an account with Indra's Net, Inc. ("INI"), Customer ("you") agrees to the following terms and conditions: The initial term of this agreement begins on the day INI initiates services for your use and ends on the last day of the next calendar month. The term will automatically renew for successive one calendar month terms unless INI or you notifies the other in writing that it wishes to cancel this agreement. You will be responsible for the monthly account maintenance fee, hourly access fees, charges for disk space, and any other fees set forth in INI's rate schedule for the type of account and form of billing you choose. INI reserves the right to change its fees, terms and conditions at any time by notifying you at least 10 days in advance of the effective date of the changes. Any fees charged by the month, including monthly maintenance fees, will be charged to your account at the beginning of each month. Usage fees will be charged to your account as they are incurred. You will be invoiced monthly for all charges incurred. Payment is due within 15 days of invoice or, if you chose to pay by credit card, as collected in the normal course of business from credit card or similar agencies. Advance payment may be required if disk usage exceeds account quota. Payments not made within 15 days are delinquent, and you will be charged interest on the amount due at the rate of 1.5% per month until paid in full. You also are liable for INI's reasonable costs of collection, including legal fees. Returned checks are subject to a $25 charge. You may cancel your account in writing at any time with no penalty for doing so. But you must pay any fees charged by the month, including monthly maintenance fees for the month in which you cancel, plus any charges you incur based on usage or disk space before your account is disabled. You are solely responsible for all use of your accounts and for the content of any transmissions over the Internet made by any user of your account. Using INI's computer resources without authorization or providing false or misleading information for the purpose of obtaining access to INI's computing systems is prohibited. You must take all reasonable precautions, such as password maintenance and file protection measures, to prevent unauthorized use of your account. You agree to indemnify, defend, and hold INI harmless from any claims, loss, liability, or expense, including, without limitation, reasonable attorney's fees and other expenses of defense, arising out of or related to any activity on your account. Neither you nor any person using your account are permitted to use INI's systems for: Any transmission in violation of the law or in aid of any unlawful act; or Accessing, altering, or destroying any information of another by any fraudulent means or device, or attempting to do so; or Interfering with or disrupting other system users, services, computer resources, or equipment, intentionally or otherwise, including, without limitation, distribution of unsolicited advertising ("SPAM") or chain letters, violations of USENET news etiquette, propagation of computer worms or viruses, or using INI systems to gain unauthorized access to computing facilities of other institutions, organizations or individuals. Any access to other networks or computing facilities through INI's systems must comply with the rules appropriate for that network or computing facility. Notwithstanding any other term or condition of this agreement, to protect the integrity of INI's systems and its users against unauthorized or improper use of INI's systems, INI reserves the right, without notice, to limit or restrict any individual's use and to inspect, copy, remove or otherwise alter any data, file, or system resource which may undermine the authorized use of INI's systems. INI also reserves the right to check its systems periodically and to take any other action reasonably necessary to protect its systems. INI exercises no control whatsoever over the content of the information passing through its systems or stored on its systems. Use of any information programs or data obtained from or via INI's systems is at your own risk. INI specifically denies any responsibility for the accuracy or quality of information obtained through its systems. INI disclaims all express and implied warranties including the warranties of merchantability or fitness for a particular purpose. INI is not liable for any damages you may suffer arising out of the use of or inability to use its services or products, including, but not limited to, damages caused by loss of data, delays, misdeliveries, service interruptions, or unauthorized access to or alteration, theft or destruction of your data files, programs, or other property, even if such damages are caused by INI's negligence. INI implements system-wide utilities to minimize unsolicited bulk email ("spam"), which rejects electronic mail messages suspected of being spam based on industry-standard criteria. It is your sole responsibility to customize your spam settings if you wish to specifically allow delivery of electronic mail messages blocked by INI by default. INI assumes no responsibility for non-receipt of any electronic mail messages. These Terms and Conditions of Use supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. If you are under 18, you may open an INI account only if a parent or guardian signs the appropriate form agreeing to the terms and conditions of this agreement and agreeing to pay for any charges incurred for your use of INI's systems or any use of your INI account. Your use of INI's systems, whether or not you sign the written form of this agreement, means that you accept these Terms and Conditions of Use, and certifies that you have read and understand this agreement. Your use of INI's systems also certifies that the information contained in your application for an account with INI is true, accurate, and complete.