THING.NET COMMUNICATIONS, LLC--TERMS AND CONDITIONS AND ACCEPTABLE USE GUIDELINES WARNING:

PART A.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE OPENING OR CONTINUING AN ACCOUNT WITH THING.NET COMMUNICATIONS, LLC. PLEASE ALSO FAMILIARIZE YOURSELF WITH THING.NET COMMUNICATIONS, LLC’s ACCEPTABLE USE GUIDELINES.

These Terms and Conditions, in conjunction with Acceptable Use Guidelines, represent the complete Agreement and understanding between THING.NET COMMUNICATIONS, LLC and you, the THING.NET COMMUNICATIONS, LLC accountholder ("Accountholder"), and supersede any other written or oral agreement pertaining to your THING.NET COMMUNICATIONS, LLC services. By using THING.NET COMMUNICATIONS, LLC, you agree to be bound by and to comply with this Agreement, just as if you had signed it. Violation of any provision of this Agreement is grounds for immediate termination of your THING.NET COMMUNICATIONS, LLC account.

IF YOU DO NOT AGREE TO BE BOUND BY BOTH PARTS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY END YOUR USE OF THING.NET COMMUNICATIONS, LLC SERVICES AND NOTIFY THE THING.NET COMMUNICATIONS, LLC CUSTOMER SERVICE DEPARTMENT SO THAT THING.NET COMMUNICATIONS, LLC MAY INITIATE A CLOSURE OF YOUR ACCOUNT.

1.A list of ways to contact THING.NET COMMUNICATIONS is available on the World Wide Web at http://www.thing.net under [info]. Specific questions about this Agreement should be directed to admin@thing.net.

2.Upon notice published on-line via THING.NET COMMUNICATIONS, LLC services, THING.NET COMMUNICATIONS, LLC may modify the Terms and Conditions or the Acceptable Use Guidelines, amplify them, and/or modify the prices of its services, as well as discontinue or change the services offered. Your continued use of THING.NET COMMUNICATIONS, LLC's services following such notification will be deemed acceptance of the modification.

3.Accountholder acknowledges that Internet sites and use of the Internet might consist of, include and/or provide access to images, sound, messages, text and other content and material that may be unsuitable for children and that may be objectionable to many adults. Accountholder acknowledges that THING.NET COMMUNICATIONS, LLC is not responsible for any such content or material and agrees that access to same through use of the Service is at Accountholder's sole risk. Accountholder acknowledges that, when using the Internet, Accountholder generally is using a physical network and accessing content, information and other services not owned, supported, monitored or controlled by THING.NET COMMUNICATIONS, LLC. Accountholder acknowledges that safeguards relative to copyright, ownership, decency, obscenity, reliability and integrity of content may be entirely lacking with respect to the Internet and content accessible through it. Accountholder assumes all risk and liability of its use of the Internet, including continuous compliance with this Service Agreement. You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your own risk. THING.NET COMMUNICATIONS, LLC has no control over and accepts no responsibility whatsoever for such materials.

4.Accountholder is responsible for and must provide all telephone and other equipment and services necessary to use the Service. Accountholder represents that he/she is at least 18 years of age and has the right and ability to enter into this Service Agreement. Accountholder is responsible for installing, establishing and setting up the account(s) and parameters under which the Service will be used; these account functions may be performed only by a person at least 18 years of age, without exception.

5.Unless otherwise agreed, Accountholder's right to use the Service or to designate users is not transferable and is subject to any limits established by THING.NET COMMUNICATIONS, LLC, or by Accountholder's credit card company or other billing institution, as applicable.

6.You agree to provide THING.NET COMMUNICATIONS, LLC with accurate and complete billing information, including your legal name, address, and telephone number, and to update this information within 30 days of any change to it. Payment for a THING.NET COMMUNICATIONS, LLC account or service by fraudulent means will result in immediate and permanent termination of the account, and possible criminal penalties.

7.Your THING.NET COMMUNICATIONS, LLC account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. Accounts that are delinquent by more than one accounting cycle may be suspended, archived, or purged from the system. Suspended accounts continue to accrue charges until reinstated or canceled, even if the account is not used by the accountholder. You acknowledge responsibility for any account you have opened until payment in full is made.

8.THING.NET COMMUNICATIONS, LLC reserves the right to charge a service reconnection fee to reinstate suspended accounts.

9.In case THING.NET COMMUNICATIONS, LLC approved check payment mode, terms of payment on all charges are net thirty (30) days in the currency in which billed. If any payment due hereunder is not made by the Accountholder within sixty (60) days after the invoice date, late charges of one and one-half percent (1-1/2%) per month shall be due and payable with respect to such payment, and THING.NET COMMUNICATIONS, LLC may, in addition, at its sole discretion and without notice to the Accountholder, (a) suspend its performance under this Service Agreement and the Accountholder's and its designated users' access to and use of the Service, or (b) terminate this Service Agreement and Accountholder's and its designated users' access to and the use of the Service.

10.There is a $15.00 service charge for each returned check.

11.If you believed THING.NET COMMUNICATIONS, LLC has billed you incorrectly, you must contact THING.NET COMMUNICATIONS, LLC no later than 90 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to THING.NET COMMUNICATIONS, LLC's Billing Department, and should include all available information about the suspected error.

12.THING.NET COMMUNICATIONS, LLC Address: 601 West 26 Street, 16th floor, New York, NY 10001, Tel.(212) 366 9738, Fax (212) 604 0698.

13.When your credit card expires, THING.NET COMMUNICATIONS, LLC, in its discretion, may either assume that your card has been renewed, or require that you furnish updated credit card information, including the new expiration date and any other information needed to process your account payments. If THING.NET COMMUNICATIONS, LLC is unable to obtain payment from your credit card bank because you have not renewed your card, because your credit card information has become outdated, or because you have not provided new information to THING.NET COMMUNICATIONS, LLC when requested, THING.NET COMMUNICATIONS, LLC may consider your account to be delinquent by more than one account cycle and suspend, archive or purge your account

14.To cancel your account, you must contact THING.NET COMMUNICATIONS, LLC via e-mail (admin@thing.net), fax, postal mail or phone. Cancellation requests must include the account's login name, and your name, address and phone number and other identifying information as they appear in THING.NET COMMUNICATIONS, LLC's billing records. If the information provided to THING.NET COMMUNICATIONS, LLC for an account does not match the account's records, cancellation may be delayed or prevented.

15.All cancellation requests must be received by 5:00 PM EST time on the 20th of the current month in order to be processed before the beginning of the next accounting cycle.

16.All THING.NET COMMUNICATIONS, LLC charges must be paid in full before a cancellation will be considered complete. Service charges will extend to the end of the month in which the account is canceled.

17.If a THING.NET COMMUNICATIONS, LLC account is canceled, suspended or terminated, THING.NET COMMUNICATIONS, LLC may maintain the account for 30 days. You may contact THING.NET COMMUNICATIONS, LLC within that time to inquire about reopening a suspended account, or forwarding mail or files to another address. THING.NET COMMUNICATIONS, LLC reserves the right to refuse to forward the mail and/or files of any account terminated for violation of any provision of the Terms and Conditions or THING.NET COMMUNICATIONS, LLC's Acceptable Use Guidelines. If you do not contact THING.NET COMMUNICATIONS, LLC within 30 days, your account and associated files will be deleted from THING.NET COMMUNICATIONS, LLC's servers, and THING.NET COMMUNICATIONS, LLC will not be able to reopen it or restore files. THING.NET COMMUNICATIONS, LLC is not responsible for maintaining material that it deletes from its servers as a result of a determination that the material violates any provision of terms and Conditions, or THING.NET COMMUNICATIONS, LLC's Acceptable Use Guidelines.

18."As Is" Services. You acknowledge that THING.NET COMMUNICATIONS, LLC services are provided "as is". THING.NET COMMUNICATIONS, LLC, its employees, agents, suppliers, vendors and distributors make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information available on its systems, or residing on or passing through its interconnecting networks, or that THING.NET COMMUNICATIONS, LLC services will be uninterrupted or error free. THING.NET COMMUNICATIONS, LLC expressly excludes any implied warranty of merchantability or fitness for a particular purpose to the fullest extent possible by law.

19.You also understand that THING.NET COMMUNICATIONS, LLC cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data. You assume total responsibility and risk for your use of the service and the Internet. THING.NET COMMUNICATIONS, LLC does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise, information or service provided through the service or on the Internet generally, and THING.NET COMMUNICATIONS, LLC shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the Internet generally. THING.NET COMMUNICATIONS, LLC does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected. The service and the is provided on an "as is, as available" basis.

20.You agree to waive and hold THING.NET COMMUNICATIONS, LLC harmless from any claims relating to any action taken by THING.NET COMMUNICATIONS, LLC as part of its investigation of a suspected violation of this Agreement or as result of its conclusion that a violation of this Agreement has occurred. This means that you cannot sue or recover any damages whatsoever from THING.NET COMMUNICATIONS, LLC as a result of THING.NET COMMUNICATIONS, LLC's decision to remove material from its servers, cancel a newsgroup posting, warn you, suspend or terminate your account, or take any other action during the investigation of a suspected violation or as a result of THING.NET COMMUNICATIONS, LLC's conclusion that a violation has occurred. This waiver applies to all violations described in the Terms and Conditions and in the Acceptable Use Guidelines.

21.IN NO EVENT SHALL THING.NET COMMUNICATIONS, LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE ACCOUNTHOLDER'S USE OF OR INABILITY TO USE THING.NET COMMUNICATIONS, LLC'S SERVICES. THING.NET COMMUNICATIONS, LLC'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE AT THING.NET COMMUNICATIONS, LLC'S OPTION. EITHER RETURN OF THE SERVICE FEES PAID FOR THE CURRENT MONTH OF SERVICE AND ANY SET-UP FEES PAID, OR REPLACEMENT OF CONNECTION SERVICES OR PRODUCTS. In any case, THING.NET COMMUNICATIONS, LLC's entire liability under or arising out of this Agreement shall be limited to the amount you paid for the service in the twelve (12) months prior to the act or injury that gave rise to the liability. However, some jurisdictions may not allow a limitation on liability for negligence that causes death or personal injury, and THING.NET COMMUNICATIONS, LLCs limits its liability in such jurisdiction only to the degree allowed by the applicable laws.

PART B.

ACCEPTABLE USAGE GUIDELINES OF ACCOUNTS WITH THING.NET, LLC:

Accountholder and its Users agree to use dial-upaccounts solely on an active dial-up basis, meaning only as needed and in no way on a standby or inactive basis in order to maintain a connection. Without limitation of the foregoing, Accountholder and its Users shall abide by the following provisions regarding usage: The following are violations of THING.NET COMMUNICATIONS, LLC policies:

1.Revealing your account password to others or allowing use of your account by others (other than authorized users in your household). At no time can there be simultaneous use of the same user name and password combination.

2.Using a personal account for high volume or commercial use. If you would like to provide high-volume or commercial services, please contact THING.NET COMMUNICATIONS, LLC for information about opening up a commercial account.

3.Using THING.NET COMMUNICATIONS, LLC services for illegal purposes, or in support of illegal activities. THING.NET COMMUNICATIONS, LLC reserves the right to cooperate with legal authorities and /or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to: Unauthorized copying of copyrighted materials including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software. Exporting software or technical information in violation of U.S. export control laws. Posting or e-mailing of scams such as 'make-money-fast' schemes of 'pyramid/chain' letters.

4.You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the Service for goods for services except in those areas (e.g., a classified bulletin board) that are designated for such purposes.

5.Threatening bodily harm or property damage to individuals or groups.

6.Making fraudulent offers of products, items, or services originating from your account.

7.Attempting to access the accounts of others, or attempting to penetrate beyond security measures of our or other systems (referred to as hacking) whether or not the intrusion results in corruption or loss of data.

8.Harassing others by 'mail-bombing' or 'news-bombing'. "Mail-bombing' constitutes sending more than ten (10) similar e-mail messages to the same e-mail address. 'News-bombing' constitutes sending more than 10Mbytes of data to a newsgroup.

9.You may not post or list articles which are off-topic according to the description of the group or list or send unsolicited mass e-mailings to more than twenty-five (25) e-mail users, if such unsolicited mailings provoke complaints from the recipients.

10.Forging any message header, in part or whole, of any electronic transmission, originating or passing through THING.NET COMMUNICATIONS, LLC services.

11.Distributing viruses to or from THING.NET COMMUNICATIONS, LLC systems.

12.Use of software or any device that would allow your account to stay logged on while you are not actively using THING.NET COMMUNICATIONS, LLC services or use the account for the purpose of operating a server of any type.

13.A dial-up account has only one mailbox for incoming electronic mail unless additional mailboxes have been purchased.

14.Cross-posting advertisements for products, items, or services to ten (10) or more unrelated newsgroups.

15.Posting articles to any newsgroup, mailing list or similar forum which are off-topic according to the charter or other public statement of the forum.

16.Disrupting any newsgroup with frivolous, excessively vulgar or repetitious postings.

17.Posting of binary, or excessively large, unrelated text files to non-binary newsgroups that have specifically requested such material not be posted in the group's FAQ (Frequently Asked Questions).

18.Installation of 'auto-responders', 'cancel-bots' or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net newsgroups or e-mail use by others.

19.Engaging in any of the above activities using the service of another provider but channeling such activities through a THING.NET COMMUNICATIONS, LLC account or re-mailer, or using a THING.NET COMMUNICATIONS, LLC account as a mail drop for responses. Accountholders found in violation of the THING.NET COMMUNICATIONS, LLC usage policies may be subject to $30 in addition to their monthly membership fee and other damages as a result of violation of this agreement.

INACTIVITY DISCONNECT POLICY: THING.NET COMMUNICATIONS, LLC reserves the right to disconnect a dial-up account after 15 minutes of inactivity, as detected by THING.NET COMMUNICATIONS, LLC through electronic means. This time is approximate and subject to change without notice in THING.NET COMMUNICATIONS, LLC's sole discretion. Electronic or mechanical means to avoid an inactivity disconnect are strictly prohibited. Electronic or mechanical means include, but are not limited to "pinging" the mail server, employing electronic or software autodialer features to maintain an active connection or repeatedly checking for mail by auto login to the mail server. THING.NET COMMUNICATIONS, LLC reserves the right to electronically audit connections to enforce the above requirements.

PART C.

Use of Services:

1.During an investigation, THING.NET COMMUNICATIONS, LLC may suspend the account or accounts involved and/or remove the material involved from its servers. If THING.NET COMMUNICATIONS, LLC believes, in its sole discretion, that a violation these guidelines has occurred, it may take responsive action. Such action may include, but is not limited to, additional charges of $30 in addition to the monthly fees, damages, temporary or permanent removal of material from THING.NET COMMUNICATIONS, LLC's servers, the cancellation of newsgroup posts, warnings to the accountholder or accountholders responsible, and the suspension or termination of the account or accounts responsible. THING.NET COMMUNICATIONS, LLC, in its sole discretion, will determine what action will be taken in response to a violation on a case-by- case basis. Violations of these Guidelines could also subject the accountholder to criminal or civil liability.

2.The accountholder of record is responsible for all use of the account, with or without the knowledge or consent of the accountholder.

3.The accountholder may not store or distribute certain other types of material on THING.NET COMMUNICATIONS, LLC's servers. Examples of prohibited material include, but are not limited to, programs containing viruses or trojans and tools to compromise the security of their sites.

4.THING.NET COMMUNICATIONS, LLC staff may monitor the security of accountholder's passwords at any time. An accountholder with an insecure password may be directed to change the password to one which complies with the above rules. Accountholders who repeatedly choose insecure passwords may be assigned a password by THING.NET COMMUNICATIONS, LLC; continued failure to maintain password security may be grounds for account termination.

5.The accountholder is prohibited from utilizing THING.NET COMMUNICATIONS, LLC services to compromise the security or tamper with system resources of accounts on computer at THING.NET COMMUNICATIONS, LLC or at any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to password guessing programs, cracking tools or network probing tools.

6.Accountholders, may not run programs which provide network services from their accounts. Examples of prohibited programs include, but are not limited to, mail, http and irc servers and multi-user interactive forums.

7.You may not post or transmit any message anonymously or under a false name.

8.You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.

9.You may not interfere with other users' use of the Service.

10.You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the Service's intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, THING.NET COMMUNICATIONS, LLC reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful.

Accountholders found in violation of the THING.NET COMMUNICATIONS, LLC usage policies may be subject to $30 in addition to their monthly membership fee and other damages as a result of violation of this agreement.

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