ONGOING USE OF THE SERVICE ACKNOWLEDGES ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT!

The reason freeWWWeb exists is to provide quality high speed reliable access to the Internet for its subscribers, and to support such access through advertising revenues generated by our proprietary software. It is our intent to allow our subscribers that access without significant or any interruptions. With many subscribers on any network, the acts of a single user may seriously impact other users' opportunities to access the Internet. A common occurrence is for an Internet Service Provider (ISP) to be locked out by another entity's systems because of numerous abuses of the other ISP's systems and capabilities. Since it is not fair to everyone else if a few abuse the network, we at freeWWWeb have set the following Acceptable Use Policies. The following guidelines we follow describe what freeWWWeb believes represents improper use of Internet access and we hereby inform you of certain actions we may be forced to take, solely in our discretion, with or without notice, should we become aware of any improper use of freeWWWeb Internet service. While we recognize that there are many others with their own rules and guidelines for use of their services, maintaining our system's technical reliability and capability, providing ongoing top quality customer service to our subscribers, the compliance with existing laws and regulations, and insuring freeWWWeb's reputation as a reliable service provider cause us to provide and enforce the Acceptable Use Policies detailed below. These policies will be applied and carried out when faced with complaints from the any part of the Internet community to determine when action should be taken. All freeWWWeb subscribers, advertisers and visitors are required to agree and adhere to the following:

FreeWWWeb INTERNET ACCESS IS PROVIDED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

I. Warranties / Disclaimers:

FreeWWWeb Internet service is provided on an "as is, as available" basis. While we intend to provide more than enough system capacity to service our subscriber base, no warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to freeWWWeb or any information or software therein. FreeWWWeb, and any affiliate thereof, shall have no liability or responsibility for any direct, indirect, incidental, or consequential damages suffered by you in connection with your use of or inability to use our products or services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, misdeliveries, service interruptions, or the inadvertent release or disclosure of information sent by you even if the same is caused by freeWWWeb's own negligence. freeWWWeb further specifically disclaims to the full extent permitted by applicable law any responsibility for, and under no circumstances shall be liable for any conduct, content, goods, and services available on or through the Internet or through freeWWWeb's services. In no event shall freeWWWeb's aggregate liability exceed the amount paid by you to freeWWWeb for freeWWWeb services. You agree that you are paying us nothing for our services. Use of any information obtained via our Internet service is at the user's own risk. FreeWWWeb specifically disclaims any responsibility for the accuracy, safety, or quality of information obtained through our services.

Freewwweb, LLC hereby gives notice to all dealers, subscribers and interested members of the public that although it intends to continue offering free Internet access to subscribers, Freewwweb reserves the right, in its sole and absolute discretion, at any time upon giving advance written notice to its subscribers, to begin to and to continue to charge for such Internet access and with notice in advance to change such charges from time to time in its sole discretion. Freewwweb will base any decision to charge for Internet access on its determination that it is no longer economically feasible to continue such free service.

• II. Security:

  You, the subscriber, are responsible for all use of your subscriber account(s), confidentiality, safety of password(s), and ensuring file protections are properly set. FreeWWWeb maintains the right to suspend access or change access to subscriber's account(s) immediately upon notification by subscriber that subscriber's password has been lost, stolen, or otherwise compromised. FreeWWWeb is not liable for the consequences of any usage of compromised accounts prior to freeWWWeb making the necessary account alteration. No computer system should be considered safe from intrusion, although electronic mail (e-mail) on our system is as safe as we can make it. E-mail should not be considered a secure means of communication even if encrypted (which is only as secure as the encryption method utilized).

• III. Personal Files:

  FreeWWWeb shall not be responsible for subscriber's personal files residing on our systems. We reserve the right to delete any or all of your personal files after one or both parties terminates this service agreement between freeWWWeb and you our subscriber.

• IV. Non-Transferability of Account:

  Your right to use freeWWWeb's Internet service is not a right that you can transfer, and is expressly limited to the individual or business whose name appears on the account. You may only access our services with one computer at a time.

• V. Network Address Ownership:

  Any network address assignments issued by freeWWWeb (i.e., IP address) are the property of freeWWWeb. In the event service with freeWWWeb is discontinued for any reason, such addresses will revert to freeWWWeb. The network addresses are assigned for each session and are designed to allow you to surf the World Wide Web. This design/assignment of network addresses could effect (not allow) some games/services which require a fully qualified address.

• VI. Compliance with all Laws: Subscriber agrees:

  A. To use the service in a manner consistent with any and all applicable laws and regulations. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited;

  B. That any material to be reproduced or transmitted on freeWWWeb's service through subscriber's account(s) does not violate or infringe any patent, trademark, copyright, statutory, common law, or proprietary rights of others;

  C. That such material as might be reproduced or transmitted on freeWWWeb's service through his/her account does not contain anything obscene, libelous, or threatening. Subscriber agrees software intended to facilitate any such violations or infringements may not be stored on our systems;

  D. At freeWWWeb's discretion, not to use freeWWWeb's services or accounts for inappropriate usage;

  E. subscriber shall defend, indemnify and hold harmless freeWWWeb and its affiliates from and against any claims, liabilities and expenses, including reasonable attorneys' fees, resulting from subscriber's use of freeWWWeb's service or subscriber's account(s) in an unlawful manner or otherwise in violation of or contrary to subscriber's agreement with freeWWWeb or freeWWWeb's Acceptable Use Policies.

• VII. Acceptable Conduct:

  (The following usage of freeWWWeb is deemed acceptable under the terms of service):

  A. Usage for private personal or business communications;

  B. Usage for public communications as suggested by the charters of USENET news groups, and the well-known guidelines generally accepted by the users and news administrators of same;

  C. Usage for research or educational purposes;

  D. Usage for data communications in accordance with applicable laws.

• VIII. Unacceptable Conduct:

  The following types of conduct are grounds for immediate suspension of service pending investigation by freeWWWeb and may result in termination of the account(s) determined to have originated this conduct. In addition, freeWWWeb reserves the right, where feasible, to implement technical blocks to multiple postings by a subscriber as described in (A), (B), (C), and (F) below before such postings are forwarded:

  A. Violation of any applicable local, state, federal, or international laws;

  B. Posting identical or substantially similar articles to an excessive (more than 10) number of news groups or continued posting of articles which are off topic for a news group (according to the news group charter or which provoke complaints from the regular readers of the news group for being off topic). freeWWWeb will apply a charge of $0.10 per copy for mis-posted USENET articles;

  C. Sending unsolicited, mass (to more than 15 users) e-mailings which provoke complaints from the recipients. Any subscriber who perpetrates such unsolicited non-commercial mass e-mailings shall be subject to a $1,000 service charge, payable to freeWWWeb. Unsolicited commercial advertisements are not allowed in e-mail. freeWWWeb will apply a charge of $150 per user for unsolicited commercial e-mail;

  D. Engaging in either (a) or (b) from a provider other than freeWWWeb while using a web site housed within freeWWWeb's networks;

  E. Continued account on freeWWWeb as a mail drop for responses, or to draw attention to a harassment of other individuals on the Internet after being asked to stop by those individuals and by freeWWWeb;

  F. Mail bombing (the transmission of large volumes of unsolicited e-mail to individuals or to individual business accounts);

  G. Impersonating another user or otherwise falsifying one's user name in e-mail, USENET postings, on Internet Relay Chat (IRC), or with any other Internet service;

  H. Privacy violations: Any attempt to gain access to any other system or users' private data without express consent of the user. Such attempts include, but are not limited to, tricking other people into releasing their passwords, password cracking, and security hole scanning;

  I. Use of IRC 'bots or clonebots on freeWWWeb. An IRC 'bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions;

  J. Use of programs or methods that trick our systems from disconnecting an inactive user after a pre-determined amount of time, and/or a program that connects or re-connects the user's session automatically and without his/her manual intervention;

  K. Network unfriendly activity. Any attempt to interfere with the regular workings of freeWWWeb's systems or network connections or which adversely affect the ability of other people or systems to use freeWWWeb services or the Internet, including, but not limited to:

• 1) Any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other freeWWWeb system;
• 2) Any use of this or any other freeWWWeb system as a staging ground to disable other systems.
• IX. Right to Disconnect Non-Dedicated Accounts:

  freeWWWeb interactive usage dial-up connections are not intended to be full-time dedicated connections and will be disconnected after 15 minutes of inactivity or after five (5) hours of continuous use. Subscriber agrees not to use any automatic method to avoid disconnection, to keep the connection active only when the subscriber is actively using it, and not to provide public information services over the connection. freeWWWeb reserves the right to impose a restriction on or terminate accounts deemed by it to be in violation of these conditions.

• X. Excess Utilization of System or Network Resources:

  A. FreeWWWeb strives to provide all of our users with consistently high quality service levels. Our services are based upon the expectation that an individual account’s maximum monthly usage will not exceed 80 hours. This enables us to continue to make our services available to all customers at the current pricing. In accordance with FreeWWWeb’s Acceptable Use Policy, effective immediately FreeWWWeb is implementing the following Excessive Use Policy for all of our accounts: FreeWWWeb may without notice, suspend any individual account’s service for the balance of the calendar month, if the usage exceeds 80 hours in that month. The account’s service will be re-instated at the beginning of the next calendar month. If you anticipate that your usage will regularly exceed 80 hours, please signup for additional accounts with us.  
  
  B. FreeWWWeb account descriptions specify limits on bandwidth, CPU, and disk utilization for subscribers. Upon determination by freeWWWeb that a subscriber is in excess of those limits, the subscriber will be notified by e-mail. The subscriber may be requested to upgrade to a web hosting service agreement or to modify the activity creating the excess use 48 hours after transmission of that notice. A determination by freeWWWeb that any excess utilization adversely affects freeWWWeb's ability to provide service for all subscribers may result in immediate action to relieve the problem. In that event, the subscriber will be notified as soon as is practicable.

• XI. Compliance with Rules of Other Networks:

  Any access to other networks connected to freeWWWeb's Internet service must comply with the rules for that other network as well as with freeWWWeb's rules.

• XII. Monitoring/ Privacy:

  freeWWWeb reserves the right to monitor any and all communications through or with CAIS facilities. Subscriber agrees that freeWWWeb is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for freeWWWeb employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. FreeWWWeb also reserves the right to access a subscriber's mailbox or other files stored on freeWWWeb systems to resolve system problems or mail system errors.

• XIII. Cooperation with Authorities:

  freeWWWeb reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings, or e-mail containing threats of violence or other illegal activity.

• XIV. Survey, Ad Window and Confidentiality of Personal Subscriber Information:

  freeWWWeb will not release a subscriber's personal subscriber information, nor a subscriber's billing information to any third party except upon presentation of a valid court order of a government or related entity within our jurisdiction. Subscriber agrees that freeWWWeb's judgment as to the validity of any court order or subpoena shall be considered proper and final.

  Subscriber agrees to accurately and completely complete any survey, or surveys, provided to the subscriber by freeWWWeb for completion by the subscriber, for freeWWWeb use only, upon registration, or on an ongoing basis from time to time. It is understood that such information will be utilized only to show advertisements to subscribers that are more likely to be of interest to the subscriber than not. Such private information will never be shared with any outside party whatsoever. freeWWWeb reserves the right to require any subscriber, while using our network, to utilize only software which freeWWWeb has approved or provided. freeWWWeb reserves the right to require a separate browser window to be open in which freeWWWeb may show advertisments as described above. Such a window may utilize as much as 15% of the otherwise available space on the computer screen. Such ad browser window shall be utilized whatever percentage of time of a user's time on line as determined solely by freeWWWeb. freeWWWeb reserves the right to disconnect service when any subscriber interferes with the operation of the ad browser window. It is understood by the subscriber that such ad revenues are necessary to underwrite the cost of the subscriber's dial-up access through freeWWWeb.

• XV. Right to Suspend or Cancel Account:

  freeWWWeb reserves the right to suspend or cancel service to a subscriber at any time and without notice for any reason including, but not limited to, refusal or failure to pay for services provided or by sole judgment of freeWWWeb that the subscriber may be performing activities harmful to freeWWWeb or its subscribers, employees, vendors, business relationships, or any other users of the Internet.

• XVI. Right to Damages:

  freeWWWeb reserves the right to collect damages (cost of software, hardware, and man hours) if any harm is done to freeWWWeb which requires repair or reconfiguration of any kind and is caused by subscriber or someone using subscriber's account.

• XVII. Other Remedies / Non-Waiver:

  Nothing contained in these policies shall be construed to limit action freeWWWeb may take or remedies available to freeWWWeb in any way with respect to any of the described conduct. freeWWWeb reserves the right to take any additional actions freeWWWeb may consider appropriate with respect to such conduct, including, without limitation, taking action to recover the costs and expenses of identifying offenders and removing them from the freeWWWeb service, and levying cancellation charges to cover freeWWWeb's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, freeWWWeb reserves at all times all rights and remedies available to freeWWWeb with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and freeWWWeb reserves the right to enforce such policy or rule at its sole discretion. XVIII. Right to Change Service: freeWWWeb reserves the right to change or terminate without notice the freeWWWeb service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors, and services offered.

• XIX. Right to Modify Acceptable Use Policies:

  freeWWWeb may modify its Acceptable Use Policies upon notice published on line via freeWWWeb's web page. Subscriber's use of freeWWWeb services after such notice shall constitute subscriber's acceptance of the modifications to these policies.

• XXI. Toll Charges (POP) Local Dial-in Errors Policy:

  It is the responsibility of the subscriber to verify with their local telephone company their correct access number to insure a toll-free connection. freeWWWeb assumes no liability for toll charges incurred by users for incorrectly entering a local access number in their computer. In addition, freeWWWeb will not reimburse customers for toll charges under any condition, including but not limited to, the following conditions:

• A. Failure to adequately install our software product;
• B. Improperly entering the local access number;
• C. Improperly obtaining a local access number from the Read me File or the freeWWWeb technical support pages;
• D. Improperly obtaining a local access number from Customer Service or any other freeWWWeb employee;
• E. Improperly obtaining a local access number from the technical insert provided with the software upon receipt of the product. freeWWWeb assumes no liability, and user obtains no recourse, against freeWWWeb, for improperly entering a local access number which results in toll charges. The maximum liability on freeWWWeb would be under our cancellation policy, provided all conditions are met under said policy. freeWWWeb will not make exceptions to this policy. The user is ultimately responsible to insure proper local access numbers are used.