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Please note: this agreement doesn't apply to any other PRIMUS
services.
Membership Agreement for iPRIMUS USA, Inc.
(doing business as PRIMUS Business Services and hereinafter
referred to as PRIMUS) By using this account, Customer agrees
to the following terms and conditions:
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In providing computer and network connection Services, PRIMUS, its employees and agents, do not
warrant that the Services will be available on a specified date or time or that the Network will have the capacity
to meet the demand of Customer during specific hours. Neither PRIMUS nor
its Network Services Suppliers will be liable for any damage that Customer may suffer arising out of use, or inability
to use, the services or products provided hereunder. Neither PRIMUS nor its Network Services Suppliers will be liable
for unauthorized access to Customer's transmission facilities or premise equipment or for unauthorized access to or alteration,
theft or destruction of Customer's data files, programs, procedures or information through accident, fraudulent means or
devices, or any other method, regardless of whether such damage occurs as a result of PRIMUS or its Network
Service Suppliers' negligence.

IN NO EVENT WILL PRIMUS OR ITS NETWORK SERVICES SUPPLIERS BE LIABLE FOR ANY OTHER DAMAGES,
INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR FOR ANY OTHER SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF PRIMUS OR ITS
OTHER SUPPLIERS SERVICES TO ACCESS THE NETWORK.

- Customer acknowledges and agrees that neither PRIMUS nor any of its Network Services Suppliers
are responsible for the content of the transmissions by Customer which may pass through the Network.
Customer agrees that it will take reasonable steps to ensure that it will not use the Network
Services for illegal purposes, for transmission of threatening, obscene, or harassing materials,
or unauthorized use of copyrighted trademarked, or other proprietary material.
PRIMUS will cooperate fully with all law enforcement authorities in investigating suspected lawbreakers.
The Customer of record is responsible for the security of his or her password and all use of the account,
with or without the consent or knowledge of the Customer.
Customer agrees that it will not interfere with or disrupt other PRIMUS Customers, services or equipment, or the customers, services and equipment of other sites on the Internet.
Disruptions include, but are not limited to, the following:
- Forwarding or posting "chain letters" (multiple forwarding) of any type;
- Propagation of computer worms or viruses;
- Attempting to circumvent user authentication or security of any host,
network or account on PRIMUS systems or the Internet at large ("cracking");
- Forging e-mail or USENET posting header information;
- Sending, or causing a third party to send large numbers of unsolicited e-mail messages either from PRIMUS
systems or other sites on the Internet at large (i.e. "junk mail"or "spam");
- Adding or attempting to add addresses to any mailing list without explicit positive consent of the
addressee;
- Posting inappropriate messages to USENET newsgroups that do not abide by the charter(s) of the newsgroups
in which they appear;
- Attempting to cancel, supersede, or otherwise interfere with e-mail or USENET posts other than one's own;
- Engaging in harassment, whether through language, frequency or size of messages;
- Using an account at another provider to disrupt service for PRIMUS Customers or users of the Internet at
large;
- Reselling PRIMUS's Network Services to third parties who do not abide by these guidelines;
Violation of the foregoing by Customer may result in immediate termination of PRIMUS Network access rights
without notice to the offending party or parties. Determination of a violation will be made at the sole discretion
of PRIMUS, and PRIMUS, in its sole discretion, will determine what action will be taken in response to a violation
on a case-by-case basis. PRIMUS reserves the right to release the usernames of Customers involved in violations
of the foregoing to system administrators at other providers, in order to assist them in resolving disruptions
and security incidents, and to valid law enforcement authorities investigating illegal activities.
- Customer further agrees that PRIMUS, its employees and agents (hereinafter referred to as "Indemnified Party") will not
be liable for any lost property or data of Customer, any claim or demand against the Customer by any other
party, or any claim or demand against any of the parties listed above, due to or arising out of the use by Customer of
PRIMUS services. Customer shall indemnify and hold Indemnified Party harmless from and against any such loss, claim or demand.
- For customers who have purchased third party devices through PRIMUS or other vendors to connect to PRIMUS services, PRIMUS will provide limited technical support for installation and maintenance of those specific devices only and will not support any computer problems potentially associated with the third party device. It is the customers sole risk to utilizes such devices on their Computer.
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Customer's right to use PRIMUS services is personal to Customer and as such is nonexclusive and nontransferable.
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Customer may not resell or redistribute any services from PRIMUS or its Network Services Suppliers.
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Access to the Network cannot be guaranteed to any Customer. Customer may be unable to access the Network at any time,
and disconnections from the Network may occur from time to time. PRIMUS will allocate system resources to provide all
customers with the best service possible, and may limit or restrict access to system resources to some users in order
to maintain the best service possible for all customers.
- Customer understands that certain information that may be accessible through PRIMUS may be considered inappropriate
for minors. Customer acknowledges that PRIMUS exercises no control whatsoever over the content of the information
passing through or stored on its systems. PRIMUS is not responsible for any posting made to USENET and does not
monitor access to USENET newsgroups or the content of posts by PRIMUS Customers or others.
- If Customer is an individual, he or she represents and warrants that he or she is of legal age.
In the event Customer is a minor, Customer may not use PRIMUS until PRIMUS has received a copy of a
consent form
duly signed by the Customer's parent or legal guardian.
- Payment is due upon receipt of invoice. Payments not made within 30 days are considered delinquent and are be subject
to reasonable collection and legal fees as well as interest accrued at 1.5% per month or state legal limit, whichever is
lower. Returned checks are subject to a $15 charge.
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Basic account charges are invoiced monthly IN ADVANCE and additional charges are invoiced at the end of the month
they are incurred.
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Customer may cancel this agreement in writing at any time with no penalties.
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PRIMUS reserves the right to change rates, terms and conditions at any time by notifying Customer
30 days in advance of the effective date of the changes.
- These terms and conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.

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