The following Terms of Service and Acceptable Use Policy (hereinafter "Agreement") describe the terms and conditions pursuant to which PortBridge Internet Services, LLC (hereinafter "PortBridge"), a North Carolina limited liability company, agrees to provide Internet access to its customers. The Agreement also describes certain limitations on the customer's use of the services provided by PortBridge. By accessing the Internet through services provided by PortBridge (including any of its divisions, including, but not limited to, esn.net, icomnet.com, ipass.net, deltacomm.com and portbridge.com) you, the customer, agree to all of the conditions of this Agreement.

If you do not wish to abide by the terms of this Agreement, you should not access the Internet through services provided by PortBridge.

PortBridge reserves the right to modify this Agreement from time to time by posting the amended Agreement at http://www.portbridge.com/corp/policies.html.

TERMS OF SERVICE

1. Access to Internet services:

1. You agree and understand that "unlimited access" does not guarantee that you will always be able to access the Internet through this service or that you will never be disconnected. Rather, "unlimited access" means that your monthly account invoice shall be based upon a flat fee, and shall not be based upon actual connect time and/or access.
2. There is no limit on hours that you may use the unlimited dialup service, but this is not intended to be a full time connection. Your dialup connection may be disconnected after 15 minutes if there is no activity. Customer agrees not to use any automatic method to avoid inactivity disconnect, and to keep the connection active only when the member is actively using it.
3. The customer agrees not to provide any public information services over this connection.

2. Fees and Charges

1. In consideration of its connection and access to the services provided by PortBridge, Customer shall pay to PortBridge, in advance, the monthly use fee associated with the requested services as identified in the schedule described above.
2. Monthly use fees are subject to change upon thirty (30) days written or electronic notice to the Customer.
3. Accounts in default are subject to disconnection without further notice. Reconnection fees may apply to accounts disconnected for late payment.
4. Cancelled accounts will not be subject to prorating. PortBridge recommends that customers scheduled accounts to be canceled at the end of their period of billing.
5. Payments returned by our bank because of insufficient funds will be subject to a $15.00 returned check fee. Accounts that repeatedly have checks returned may be required to pay monthly fees via credit card.

3. Passwords

1. The customer will be supplied with a unique security code(s) (hereinafter "Password") that allows access to Internet services through PortBridge.
2. PortBridge will use its best efforts to provide a requested Password to customer, but may deny the same based upon considerations including but not limited to security, confusion with other Passwords, offensiveness, or infringement upon proprietary and legal rights of others.
3. PortBridge reserves the right to change an existing Password at any time.

4. Customer restrictions and duties.

Customer shall comply with the Acceptable Use Policy set forth below. Violation of the Terms of Usage may result in termination of service without notice.

5. Disclaimer of Warranty.

PortBridge makes no warranty, express or implied, as to the availability or speed of connection of its services for connection to the Internet, use thereof, or the accuracy or correctness of any information available through its Internet services including, but not limited to, any warranties or merchantability or fitness for any particular purpose. PortBridge exercises no control whatsoever over the information from the Internet passing through it.

6. Limitation of liability.

In no event shall PortBridge be liable to customer for any indirect, special or consequential damages or lost profits arising out of or related to this agreement, the performance or breach thereof, or the accuracy or correctness of the information available through PortBridge, even if PortBridge has been advised of the possibility thereof. Customer waives any and all claims against PortBridge whether in tort, contract, or strict liability, and will indemnify and hold harmless PortBridge from any such claims.

7. Term.

This Agreement may be terminated by either party upon thirty (30) day written or electronic notice. Customer shall be responsible for all charges incurred through the effective date of termination. Notwithstanding termination by notice as identified herein, PortBridge reserves the right to immediately terminate Customer's subscription due to any breach of this Agreement by Customer.

8. General.

1. Entire Agreement: This Agreement is the entire agreement between the parties relating to the subject matter hereof and supersedes all prior understandings, writings, proposals, representations or communications, oral or written, of either party. This Agreement may be amended only by an instrument executed by both parties.
2. Assignment: Customer shall not assign any right, obligation, or liability arising hereunder without PortBridge's prior written consent . Any such assignment or attempted assignment shall be null and void.
3. Applicable Law: This Agreement shall be interpreted in its entirety in accordance with the substantive laws of the State of North Carolina.

ACCEPTABLE USE POLICY

This Acceptable Use Policy specifies restrictions on customers' use of Internet access services provided by PortBridge. Violation of these conditions may result in termination of the customer's PortBridge account.

Illegal Use

Access to the Internet through PortBridge may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

System and Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. PortBridge will investigate incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measure without express authorization of the owner of the system or network.
• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
• Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
• Forging of any TCP/IP packet header or any part of the header information in an email or a newsgroup posting.

Email

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site.

Usenet

Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "SPAM") is prohibited.

INTELLECTUAL PROPERTY

INDIRECT OR ATTEMPTED VIOLATIONS OF THESE USAGE CONDITIONS BY A PORTBRIDGE CUSTOMER OR ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A PORTBRIDGE CUSTOMER OR CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.

PortBridge encourages full and fair use of PortBridge and all services and information therein. Unlawful, infringing, harassing, sexually explicit or obscene uses thereof shall not be tolerated. Any such use may result in the immediate termination of access to Internet services through PortBridge and cancellation of your subscription.