NITCO DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO INTERNET ACCESS PRODUCT PROVIDED BY NETNITCO, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NITCO SPECIFICALLY DISCLAIMS ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE TIME IN WHICH IT WILL TAKE THE CUSTOMER TO GAIN ACCESS TO THE INTERNET THROUGH THE NETNITCO INTERNET PRODUCT (HEREINAFTER REFERRED TO AS THE "PRODUCT" OR "SERVICE"). THE CUSTOMER IS HEREBY ADVISED THAT HE/SHE MAY RECEIVE A BUSY SIGNAL WHEN ATTEMPTING TO GAIN ACCESS TO THE INTERNET USING NETNITCO'S PRODUCT. NETNITCO AND NITCO SHALL HAVE NO RESPONSIBILITY WITH RESPECT TO NETNITCO'S INTERNET PRODUCT FOR CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOOD WILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF PROFITS, OR ANY AND ALL OTHER DAMAGES OR LOSSES. THE CUSTOMER ACKNOWLEDGES THAT BY ACCEPTING NETNITCO'S SOFTWARE AND USING NETNITCO'S INTERNET PRODUCT, HE/SHE IS AGREEING TO BE BOUND BY THE TERMS OF THIS EXPRESS DISCLAIMER OF WARRANTY.

When you become a NetNITCO customer, you agree to maintain the high standards of Internet usage that makes the world wide web a valuable resource. NetNITCO has set forth guidelines for usage that will protect the rights of all our customers, while providing them with high-quality Internet access. As a NetNITCO customer, you agree to adhere to all of the following terms and conditions for Internet Usage, Privacy and Consideration for Other Users, and Personal Accountability:

• You will not restrict or inhibit any other user from using and enjoying the Service and/or the Internet.
• You will not post or transmit any threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind. You will also refrain from any transmissions that would constitute or encourage a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law, including U.S. export control laws and regulations.
• You will not post or transmit warez programs such as mail bombing software, cracks to unregistered software programs, CD key codes to registered programs, software that is not considered public domain or freeware, or link your site to other sites that contain the same material described above.
• You will not post or transmit any information or software which contains a virus, worm, cancelbot or other harmful component.
• You will not use your NetNITCO Service for your own commercial purposes to upload, post, reproduce, or distribute any information, software or other material obtained through the Service. You also agree to refrain from participating in the transfer, sale, or exploitation of such material.
• You will not distribute in any way information, software or other material obtained through the Service that is copyrighted or protected by other proprietary right without obtaining permission of the copyright owner or rightholder. NetNITCO's Internet service is copyrighted as a collective work under U.S. copyright laws; therefore, no component of the Service itself or derivative works may be distributed in any way by NetNITCO customers.

• You will not access or attempt to access the accounts of others or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
• You will not interfere or attempt to interfere with service to any user, host, or network, including but not limited to "denial of service" attacks, "flooding" of networks, deliberate attempts to overload a service and attempts to "crash" a host.
• You will not send email to any person who does not wish to receive it, or transmit or attempt to transmit unsolicited email to multiple recipients.
• You will not forge or attempt to forge any message header, in part or whole, of any electronic transmission, originating or passing through NetNITCO.
• You will not impede or interfere with another person's use of electronic mail services or news media.
• You will not post or attempt to post irrelevant message(s) to newsgroup(s) or blanket post or attempt to blanket post message(s) to multiple newsgroups.
• You will not otherwise abuse or fraudulently use the Service in any way not specifically set forth above.

• You and other users authorized by you may access the Internet through NetNITCO.
• You will be held responsible for any activity by third parties using your account, should they engage in any activity that violates NetNITCO's guidelines for usage
• You understand that neither NetNITCO nor any of its affiliates operates or controls the Internet in any way, and that all merchandise, information, and services offered or made available or accessible on the Internet are offered or made available by third parties who are not affiliated with NetNITCO or its affiliates.
• The Internet contains sexually explicit materials that are offensive to some people. You and the authorized users on your account, including children, access such materials at your own risk. NetNITCO has no control over and accepts no responsibility whatsoever for such materials.
• If you or your authorized users engage in any conduct or activities that NetNITCO in its sole discretion believes are in violation of any of the terms and conditions in this Agreement, we reserve the right to deny access to all or part of the Service, or to refuse posting or removal of any information posted or proposed by your authorized users.
• In the case of denial of or termination of access, neither you or your authorized users will have any right (1) to access through NetNITCO any materials stored on the Internet, (2) to obtain any credit(s) due, as such credit(s) will be forfeited, or (3) to access third-party services, merchandise, or information on the Internet through NetNITCO. Furthermore, NetNITCO shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for consequences resulting from lack of notification.

If you are dissatisfied with the Service or with any of NetNITCO's terms, conditions, guidelines, or practices, your sole option is to terminate this Agreement and discontinue using the service.

• NetNITCO may, at its discretion, update this Agreement from time to time ,and your continued use of this service shall be construed as acceptance of updated Agreement terms including, but not limited to, the Brightmail Agreement.
• NetNITCO reserves the right to deny referral credit for any reason, as well as end the referral promotion anytime without notice or reason.
• With your use of NetNITCO service, you agree to provide NetNITCO with accurate and truthful registration information including but not limited to name, address, telephone number and credit card information and to keep all registration information up to date as long as you use the Service.
• You agree not to assign or otherwise transfer this Agreement or your rights under it, to delegate your obligations, or to resell the Service. Any attempt to do so is void.
• You agree to promptly notify NetNITCO if you suspect unauthorized use of the Service or yours user identification, with the full understanding that until such notification, you remain responsible for any unauthorized use or violations of NetNITCO terms and conditions
• Liability for use of a credit, debit or charge card remains subject to your individual agreement with your card issuer, and NetNITCO shall have no responsibility with regard to your use of such card.
• You will be invoiced for all relevant charges for the Service until canceling your account registration with NetNITCO, and until such time are solely responsible for any telephone toll charges incurred due to use of the service.
• NetNITCO reserves the right to charge the customer a reasonable late and/or disconnect fee.
• NetNITCO provides service on a month-to-month basis and does not prorate monthly access due to cancellation. Partial credits will not be issued to subscribers canceling service.
• NetNITCO shall not be responsible for any of the following:
  • The installation, operation, or maintenance of equipment or software not provided by NetNITCO
  • The transmission or reception of information by equipment or software not provided by NetNITCO
  • Poor performance of equipment or hardware not provided by NetNITCO due to changes in the Service they may cause such equipment to become obsolete or require modification or alteration.
• You will be responsible for and hold NetNITCO harmless against any loss, damage, cost or expense (including attorney fees) incurred by NetNITCO as a result of your violation of the terms and conditions of this agreement.