Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL Jivas Internet, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT Jivas Internet IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, Jivas Internet's LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.

If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of Jivas Internet in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.

Indemnification

Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold Jivas Internet, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by Jivas Internet, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify Jivas Internet in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and Jivas Internet shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

Age Limit

User represents to Jivas Internet that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

Sexually Explicit Materials

User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. Jivas Internet has no control over and accepts no responsibility whatsoever for such materials.

Prohibited Uses

User may not:

restrict or inhibit any other user from using and enjoying the Internet;

post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;

post on webspace provided any sexually explicit materials or materials that may be offensive.

post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;

post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);

upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;

upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;

send unsolicited advertising or promotional materials to other network users (See section titled "MESSAGING");

allow users to run Maillist, Listserv or any form of auto-responds from User's account;

use their personal webspace for business use. It is intended for personal use only. Jivas Internet can not guarantee 100% uptime on personal webspace.

run or activate processes while User is not logged in;

violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;

attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of pingbots, auto-reconnect software, and other methods of avoiding timing disconnection (See section titled "LIMITATIONS OF DIAL-UP SERVICES"); or

violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.

Jivas Internet has no obligation to monitor the Service. However, User agrees that Jivas Internet has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Jivas Internet will not intentionally monitor or disclose any private E-mail message unless required by law. Jivas Internet reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. Jivas Internet reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of Jivas Internet following payment of a reconnection charge, to be determined by Jivas Internet in its sole and absolute discretion.

Messaging

User agrees to limit their use of the Jivas Internet service, specifically regarding the use of Jivas Internet's electronic (email) services, to the following restrictions:

Unauthorized Use of Relay Servers (Outgoing Mail Server)

User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited. User may only use Jivas Internet's outgoing mail server - web or browser based email services are exempted (ie. Hotmail.com, etc). Port 25 is blocked to prevent spamming.

Spamming

User may not send unsolicited advertising or promotional materials to other network users.

Email Restrictions

• User agrees that Port 25 (SMTP) is blocked for all outgoing mail servers except our own.
• User may not send to more than 25 recipients at a time.
• User may not send more than 100 emails per hour period.
• User may not send from an email address that is not their own.
• User may not send an email that is over 10 MB in size.
• User may not forge message headers to hide the origin of their email.
• Provider may block certain attachment types used in transmitting viruses.

Fraudulent Addressing

User agrees that the purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered, is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the Jivas Internet service.

Fraudulent Content

User agrees to be held responsible for the distribution of fraudulent materials.

Spamming violations will result in immediate termination of services. Furthermore, violation of any of these terms, relating to the terms described within this "messaging" section of this document, will result in the immediate penalty of $15. Jivas Internet reserves the right to charge user's credit card, if on file for use in payment of Jivas Internet services, a one-time fee of $15 per violation of these terms. In the event user pre-pays for their Jivas Internet service via cash, check, or means other than credit card, Jivas Internet reserves the right to invoice and hold user responsible for the one-time fee of $15 per violation of these terms. user also agrees to the immediate termination of Jivas Internet services for violation ofany of these terms. Furthermore, violation of these terms will also void our 30 day money back guarantee policy.

Limitation of Web Hosting Services

The personal webspace provided by Jivas Internet is intended for personal use only and should not be used for business use. Jivas Internet cannot guarantee 100% uptime on webspace provided.

Jivas Internet does not advertise "Unlimited Bandwidth" in regards to its services. There are several limitations applied. The sole purpose of these limitations are intended of unnecessary use of Jivas Internet services by any such User, which restricts system availability for other such Users. These limitations apply only to Hosting offered by Jivas Internet.

Restricted Content

Bandwidth Restrictions

We reserve the right to inform you that you must transfer your website if an excessive amount of bandwidth is being used. If the request is not met within 5 days, we do reserve the right to remove the website from our system.

Limitation of Dial-Up Services

Although Jivas Internet advertises "Unlimited Access" in regards to some of it's Dial-Up services, there are several limitations applied. The sole purpose of these limitations are intended to limit the amount of unnecessary use of Jivas Internet services by any such User, which restricts overall Jivas Internet system availability for other such Users. These limitations apply only to Dial-Up access services offered by Jivas Internet.

"Unlimited" is an industry term referring to flat-rate pricing not subject to a per-hour charge. We require users to log off our network when the connection is not in use. See Network Access Restrictions below regarding each network type's monthly restrictions.

User understands that their Internet account may not be used as a dedicated service. Dedicated service shall be defined as an average of more than 15 single channel hours a day, based on a 30 day calendar month usage report. User may be blocked and forced to upgrade to continue service if their account is used as a dedicated connection.

User will not be given and may not purchase more than one account in an attempt to get dedicated access without paying for a dedicated account. If user wants dedicated access, they must purchase a dedicated account

Idle Timeout

User agrees to have their online session automatically terminated after ten (10) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the Jivas Internet service. Dedicated accounts are excluded from this restriction.

Maximum Single Session

User agrees to have an online session automatically terminated after five (5) hours of consecutive time, regardless of data transferred during such specific online session. User may reconnect immediately after the connection has been terminated. Dedicated accounts are excluded from this restriction.

Minimum Re-Connect Limit

User understands they cannot log back onto the Jivas Internet system for a time period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session's termination.

Multiple, Concurrent Online Sessions

User agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account purchased.

Network 1 Access Restrictions (your username ends in @world.net or @net-g.net)

User agrees to not use the service as a dedicated connection. The determination of what a dedicated connection is shall be at the sole determination of Jivas Internet. Access is metered to 150 channel hours per month.

Network 2 Access Restrictions (your username ends in 'usa' or @isp01-c.net or dedicated.net)

For 56K Dialup: unlimited access. User agrees to not use the service as a dedicated connection. The determination of what a dedicated connection is shall be at the sole determination of Jivas Internet.

For Multilink: Customers will be limited to approximately 225 hours per month (15 single channel hours per day average over 30 day period).

For 128K ISDN: Customers will be limited to 150 hours per month (300 channel hours).

For 64K ISDN: Customers will be limited to 300 channel hours per month.

For Dedicated Multilink, Dedicated Dialup, & Dedicated ISDN: Customer is NOT limited to a set number of hours per month usage; account may stay connected 24 hours/day, 7 days/week.

Any user exceeding this amount of usage per day will be warned and if not adjusted within 48 hours, removed and blocked from Jivas Internet. We will attempt to work with all users prior to removing their accounts.

Network 4 Access Restrictions (your username ends in @pop.net, @dial.net, or @net-q.net)

User agrees to not use the service as a dedicated connection. The determination of what a dedicated connection is shall be at the sole determination of Jivas Internet. Access is metered to 200 channel hours per month.

Network 5 Access Restrictions (your username ends in @isp01-a.net or @surf.net)

For 56K Dialup and 64K ISDN: unlimited access. User agrees to not use the service as a dedicated connection. The determination of what a dedicated connection is shall be at the sole determination of Jivas Internet.

Network 6 Access Restrictions (your username ends in @isp)

For 56K Dialup: User agrees to not use the service as a dedicated connection. The determination of what a dedicated connection is shall be at the sole determination of Jivas Internet. Access is metered to 200 channel hours per month.

Terms of Payment

A credit card User agrees to allow Jivas Internet to bill his or her card on each successive billing date without obtaining User's permission after the initial charge. A credit card User shall notify Jivas Internet of any changes in credit card number or expiration date. If the card is not honored for any reason, Jivas Internet will attempt to notify the card holder by using the telephone information given at sign-up or by E-mail. Jivas Internet will call the card holder, and if alternative billing has not been established, the account will be terminated. Restoring the account will be subject to a setup fee of $10.00.

If payment is by check, payment due dates are indicated on User's invoice. Dishonored checks are subject to a collection fee to be determined by Jivas Internet in its sole and absolute discretion and User's account may be suspended until the account is current. If payment is not received , service will be terminated and a setup fee of $10.00 will be added tom charges for additional Service.

Jivas Internet maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 2.5% per month on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event Jivas Internet utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of Jivas Internet's attorneys' fees and costs in the collection of these sums.

Jivas Internet reserves the right to change prices at any time without prior notice to it's customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.

Annual service will automatically convert to monthly billing, at the standard monthly rate, if User does not contact Jivas Internet at the end of the annual service period requesting renewal at the annual renewal rate. So that service continues uninterrupted, an account is not cancelled unless requested so by User (see Cancellation Policy below). One month prior to the annual service expiration date, Jivas Internet will send out an email notifying User of the upcoming annual renewal date.

Cancellation Policy

Jivas Internet reserves the right to cancel Service for any reason without prior notice. Annual & quarterly pre-paid service is refundable, but prorated based on monthly pricing of same account type, including any setup fees; cancellations after the first of the month will be charged for that month;. If cancellation occurs before the moneyback guarantee period ends, a full refund will be issued (minus any setup fees). Setup fees are only waived if the account remains active for the term of the account. For quarterly or annual accounts in which the setup fee was waived, the setup fee will be deducted from the amount of the refund due if the account is cancelled before the term length of the account; 90 days for a quarterly account and 1 year for an annual account. Note: Dedicated accounts do not have a moneyback guarantee.

User must notify Jivas Internet via telephone, email, or in writing to cancel Service. Fees for any setup, shipping and handling, and monthly service charges placed by Jivas Internet are non-refundable. User must give a 30 day notice prior to user's intended cancellation date to avoid a cancellation fee equal to one month of user's current service plan (does not apply to first 30 days of service - moneyback guarantee period).

Money-back Guarantee

Our 30 Day Money Back Guarantee is applicable to all new Internet access accounts, excluding Dedicated accounts & Temporary accounts. After signup, if user decides within 30 days to cancel their account, user will receive a FULL refund. Setup Fees are excluded. After 30 days, a prorated refund will be given for annual prepaid accounts, based on the monthly account. Refunds will not be issued without a refund request - refunds must be requested by email or by phone. A refund will not be issued if cancellation is the result of a violation of Terms of Service. Dedicated and Temporary accounts are excluded from our 30 Day Money Back Guarantee; no refunds will be given for a Dedicated or Temporary account cancelling within 30 days. User may use the Money Back Guarantee once, and for only one account; subsequent accounts created by User with Jivas Internet do not have a 30 day money back guarantee. Setup fees are only waived if the account remains active for the term of the account. For quarterly or annual accounts in which the setup fee was waived, the setup fee will be deducted from the full refund if the account is cancelled before the term length of the account; 90 days for a quarterly account and 1 year for an annual account.

No Confidentiality

Information transmitted through Jivas Internet and through the Internet in general is not confidential. Jivas Internet can not and shall not guarantee privacy or protection of any User. Jivas Internet reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of Jivas Internet.

Non-transferable

The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

Purchases on the Service

If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.

No System Backup

Jivas Internet does not and will not perform system backups on any User's E-mail account(s). Jivas Internet shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, Jivas Internet will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Jivas Internet does not and will not perform system backups on any web sites. Jivas Internet shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, Jivas Internet will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Failure to Comply With Terms and Conditions

Jivas Internet may deny User access to all or part of the Service without notice if User engages in any conduct or activities that Jivas Internet in its sole discretion believes violates any of the terms and conditions in this Agreement. If Jivas Internet denies User access to the Service because of such a violation, User shall have not right (1) to access through Jivas Internet any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through Jivas Internet, and Jivas Internet shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

Miscellaneous

User agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes). User also agrees to not remain connected to Jivas Internet's system for periods exceeding (5) five hours, in any single continuous session. User authorizes Jivas Internet to enforce these restrictions by appropriate software and network measures, automated and manual.

User agrees to notify Jivas Internet if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to Jivas Internet.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

Jivas Internet's failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

Jivas Internet may modify this Agreement from time to time by placing a notice of such modification on our website (http://www.jivas.com), and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

Jivas Internet shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of Jivas Internet.

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming Jivas Internet as the defendant, shall be proper only in a venue determined by Jivas Internet.

In any action between Jivas Internet and User to enforce any of the terms of this Agreement, Jivas Internet shall be entitled to recover expenses, including reasonable attorney's fees.

This Agreement constitutes the entire agreement between User and Jivas Internet with respect to the Service.