CUSTOMER AGREEMENT This document explains the Terms and Conditions for use of services provided by Lake Country Online, Inc. by the client/user (hereinafter known as Customer). This document supersedes all previous forms of this previously published by Lake Country Online, Inc. This document is maintained and published on-line on the Lake Country Online, Inc. home page at http://www.kerrlake.com/agreemnt.htm. All Customers of Lake Country Online, Inc. are required to be familiar with this policy. This document shall be sent via U.S. Mail to each new Customer and upon receipt, the Customer shall become responsible for its contents. Use of Lake Country Online, Inc. Internet services in any form constitutes acceptance of this agreement and Lake Country Online, Inc.’s Usage Policy (http://www.kerrlake.com/usage.htm) and agree to adhere to them. TERMS AND CONDITIONS The Customer uses the Internet connection, and any other information obtained by using the Internet connection at the Customer's risk. The Customer shall indemnify and hold harmless Lake Country Online, Inc. against any and all liabilities, damages and costs, including attorneys' fees, that result from any claims or actions that are asserted by any third parties that arise in any way out of the Customer's use of the Internet connection. Lake Country Online, Inc. makes no warranties of any kind, whether express or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose, with respect to the use or provision of the Internet connection. Customer agrees that Lake Country Online, Inc.’s Dial-up Internet Accounts are for intermittent personal or business use and is not meant for a dedicated full time or unattended internet connection. Lake Country Online, Inc. shall not be liable for the services it offers, including but not limited to the following: a. The compatibility of the system functions offered and the Customer's requirements. b. No guarantee to "Customer" of uninterrupted Internet accessibility and/or connectivity ("Services"). c. The reliability of data and/or information transmitted through the local Lake Country Online, Inc. computers and through the Internet connection. d. Indirect, incidental or consequential damages (including lost data, information or profits) resulting from the use, operation or inability to use the system. It is the customer’s responsibility to contact your local telephone company to determine if use of a particular Lake Country Online, Inc. dialup number will cause you to incur toll charges. Lake Country Online, Inc. is not responsible for paying any long distance or toll charges incurred by you through your use of your Lake Country Online, Inc. account. The Internet allows access to certain materials that may contain language which some may find offensive or of an "adult" nature. The Customer and the children of the Customer under 18 years of age accepts that Lake Country Online, Inc. has no control over the placement of such materials on the Internet and that Lake Country Online, Inc. claims NO LIABILITY for their contents. Parents/Guardians of children under 18 utilizing their account will be held responsible for their children actions. Lake Country Online, Inc. reserves the right to immediately suspend or cancel the Customer's membership for improper use and/or conduct. At Lake Country Online, Inc.’s sole discretion, improper use and/or conduct includes, but is not limited to: a. Violation of any Federal or State law. b. Storage or transmission of information, data or material protected by copyright, trade secret, or other statute. c. Using the network for making unauthorized entry into other computer networks, facilities or communication devices. d. Attempting to raise traffic levels for malevolent purposes (e.g., mail bombing, ping flooding, etc.) e. Activity deemed as harassment of individuals on the Internet as well as Lake Country Online, Inc.’s local network. f. Sending large numbers of unsolicited mail messages (i.e. "junk mail"); this includes adding or attempting to add addresses to any mailing list without explicit positive consent of the addressee. forwarding or posting "chain letters", (multiple forwarding) of any type. g. Posting inappropriate messages to USENET/MajorNet newsgroups e.g., posting large numbers of unsolicited posts indiscriminately ("spamming"), or posting encoded binary files to USENET newsgroups not specifically named for that purpose. h. Attempting to circumvent user authentication or security of any host, network, or account on Lake Country Online, Inc. systems or the Internet at large ("cracking"). i. Excessive Usage - Excessive Usage is when a single account monopolizes a channel/modem to a point to where it has no practical use as a shared resource. Lake Country Online, Inc.’s Usage Policy can be view online at the following web page address: http://www.kerrlake.com/usage.htm. j. Customers may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a customer’s terminal session, via any means, locally or by the Internet. k. The resale of Lake Country Online, Inc. products and services is not permitted. l. Running a web server on a system that is dialing in to Lake Country Online, Inc.. Each Customer has 10 MB of Free Web Page Space. Additional web page space is available for an additional charge. Lake Country Online, Inc. will not host any adult oriented sites. Lake Country Online, Inc. is a family oriented service and feels that the internet should be safe for people of all ages. Lake Country Online, Inc. therefore reserves the right to refuse service based on content (i.e.: unlawful, obscene, abusive, hate group or otherwise objectionable). Your account may NOT be transferred, resold or used by anyone other than the Customer or the Customer's immediate family (living in the same household). In addition the Customer is limited to one login per system account at any one time. Account sharing is not permitted and is reason for immediate termination of account. PAYMENT INFORMATION: a. The Customer agrees to pay all billed amounts due Lake Country Online, Inc. by check or money order. b. The monthly/quarterly/semi-annual or annual service fee and any additional fees (i.e. late fees) from the previous billing period. This authorization will remain in force until the Customer cancels the Lake Country Online, Inc. Internet account in writing. c. Monthly/Quarterly/Semi-Annual/Annual fees will not be prorated for canceled services and startup fees will not be refunded. d. Failure to use this account(s) does not relieve the Customer of payment obligations, except as specifically provided in this agreement. e. Customer shall notify Lake Country Online, Inc. in writing or by E-mail to webmaster@kerrlake.com of any changes in the account information, such as address or phone number. f. Accounts that are more than 15 days past due may be placed on hold and access will be denied until payment is made. Accounts continue to accrue charges while they are on hold. After the account has been on hold for 30 days, the service may be terminated and any outstanding balance will be immediately due and payable, or the full amount for the entire period of any contract, to Lake Country Online, Inc. LIMITATION OF LIABILITY: LAKE COUNTRY ONLINE SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICES NOT PROVIDED BY LAKE COUNTRY ONLINE, INC., FAILURE OF COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTION NOT WITHIN THE COMPLETE CONTROL OF LAKE COUNTRY ONLINE, INC., NOR SHALL LAKE COUNTRY ONLINE, INC. BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY SUBSCRIBER'S OR ITS USERS' EQUIPMENT. SUBSCRIBER AND USER HEREBY RELEASE LAKE COUNTRY ONLINE, INC. FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA THE SERVICE. LAKE COUNTRY ONLINE, INC.'S PERFORMANCE UNDER THIS AGREEMENT SHALL BE EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL COMMOTIONS, ACTS OF GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. LAKE COUNTRY ONLINE, INC. SHALL NOT BE LIABLE IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF SUBSCRIBER'S OR ITS USERS' EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL LAKE COUNTRY ONLINE, INC. BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC. THE LIABILITY OF LAKE COUNTRY ONLINE, INC. FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF OR DISRUPTION OF SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT EQUIVALENT TO CHARGES PAYABLE BY SUBSCRIBER UNDER THIS AGREEMENT FOR THE SERVICE DURING THE PERIOD SUCH DAMAGES OCCUR. LAKE COUNTRY ONLINE, INC. MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE SERVICE, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW. Lake Country Online, Inc. has the right to modify and change at any time its services, rates and policies and will communicate such to the Customer either in writing, by e-mail or posted on-line on Lake Country Online, Inc., World Wide Web page. Accounts can be canceled at any time by either Lake Country Online, Inc. or the Customer with written notice. It is the responsibility of the Customer to send their cancellation notice to Lake Country Online, Inc.’s mailing address and to keep Lake Country Online, Inc. informed as to a valid mailing address to which a cancellation notice may be sent them. This agreement shall be subject to and construed in accordance with Virginia law. Any action based in whole or in part on this agreement must be brought in an Virginia court of competent jurisdiction. If any part of this agreement is deemed to be illegal and/or against public policy, the remaining portions of this agreement will remain in full force and effect. Posted: 10/1/98 Updated: 2/21/00 Yes, I Agree       No, I Do Not Agree