By submitting any X5 Networks order form you are automatically bound to the terms and conditions outlined below. Your submission also means your agreement to these:

If you DO NOT agree with these terms and conditions, DO NOT attempt to submit any form. All submitted forms are being logged with the following information:

Your IP Number (e.g, 207.213.164.66)

Your Host (e.g, pc23.unix.x5.net)

The Date and Time

Your Operating System (e.g, Windows 95)

Your Browser (e.g, Netscape Navigator 4.0)

Your E-mail Address

The URL you were before you came to X5 Networks

AGREEMENT

This agreement is between you, hereinafter referred to as Subscriber, and X5 Networks, hereinafter referred to as ISP, (collectively referred to as Parties). The Subscriber desires to become affiliated with ISP for using services provided by ISP.

Therefore, the Parties agree as follows:

1. The ISP agrees to allow Subscriber to use computing facilities at Subscriber's site in ISP's service area and to transmit data over the Network, and/or Subscriber's data on ISP's computers, in accordance with the terms of these Subscription rules and the ISP's Acceptable Use policy which follows:
   

   a) Any disruptive or destructive traffic of any source is absolutely prohibited. This includes unsolicited electronic mail (spamming), DOS (denial of services) attacks etc.

   
   b) If any data from any source leaves the ISP and enters any other network, that data must follow the acceptable use rules of the other network (including member networks, regional or backbone networks). It is the responsibility of the Subscriber to comply with these, not ISP's.

   
   

   c) ISP specifically prohibits any use or display of data or information which could be viewed as sexually offensive or obscene.

   
   

   d) ISP expressly prohibits the re-sale of sub-directories from the initial site (commonly known as shopping malls) without the express written consent of the Provider. The Subscriber cannot compete with the ISP.

   
   

   e) ISP prohibits illegal software trading (warez) and the Subscriber is solely responsible for any legal actions taken against him by third parties on the grounds of copyright infringment. ISP cannot be held responsible for any such claims from third parties.

   f)The Subscriber is responsible for controlling his/her Anonymous FTP directory. The ISP routinely controls these directories and reserves the right to terminate this facility if he encounters illegal usage.

2. Subscriber shall pay service fees according to the Account Plan chosen upon sign-up. All charges are payable in U.S Dollars. All service fees are due in advance of service. No credit is given for partial use during the month of termination. Set up fees are non-refundable. A re-connection fee of $20 is charged for enabling accounts disabled for non-payment. Payment must be received within ten (10) days of the billing date.
   
   
3. The ISP reserves the right to change the above terms and conditions by notifying the Subscriber in writing at least fifteen (15) days in advance. The ISP reserves the right to refuse service at any time.
   
   
4. Neither Party shall have the right to use the other's name, trademark or trade name or to refer to this Agreement in connection with any product, promotion, website or publication without the prior written consent of the other Party.
   
   
5. All information exchanged between Parties shall be considered confidential.
   
   
6. This agreement will be effective upon Subscriber's first connection to the ISP's network and may be terminated by either Party immediately upon written notice to the other Party provided, however, that the provisions of Paragraphs 7 and 8 shall survive any termination. Subscriber is thus responsible for any outstanding service fees mentioned in Paragraph 9.
   
   
7. The ISP HEREBY EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND INFRINGEMENT OR PROPRIETY INTERESTS AND SHALL NOT BE LIABLE TO SUBSCRIBER FOR DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE PROVIDER'S HARDWARE AND SOFTWARE SUPPLIED during the period of service to the Subscriber.
   
   
8. The Subscriber shall indemnify and hold the Provider, its directors, officers, employees and agents harmless from and against any and all damages, liabilities, losses, costs and expenses, including reasonable attorney's fees arising out of or related to Subscriber's use of the Network and/or Subscriber's breach of the terms and conditions of this agreement.
   
   
9. The ISP reserves the right to disable the Subscriber's account any time if the payment is due. On all the other occassions, the ISP should give the Subcriber a 15 days grace period to move his/her domain if the ISP has taken a cancellation decision. For Dedicated Server Subscribers, the ISP should give a 3 months grace period to move if a cancellation decision has been taken by the ISP. The Subscriber is responsible to clear all the payments until the end of the grace period. If the payments are not cleared until the end of the grace period, the accounts will be disabled by the ISP and the charges will continue untill all dues are cleared.
   
   
10. The Subscriber reserves the right to terminate the service and agreement with the ISP at any moment by giving a 30-days notice to the ISP in writing by fax or e-mail. The subscriber will be charged until the end of this 30 days and the account will be active until then.
    
    
11. This agreement is the sole Agreement between the Parties respecting the subject matter hereof. Subscriber has read this agreement and fully understands the terms thereof. This Agreement supersedes all prior agreements and understandings, whether oral or written. This Agreement may only be changed or terminated in writing, notice of which is to be acknowledged in writing or electronically by both Parties.

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Issued at September 12, 1997

X5 Networks