I. 

Purpose

The purpose of the Service is to provide e-mail, Usenet news and Internet access to the Subscriber. The Service may only be used for lawful purposes. Transmission of any material in violation of any federal state or local law or regulation for any legal or unlawful purpose is prohibited.

II. 

Software License

The GolemWeb Installation Disk contains software from Microsoft Corp. and others. These products are copyrighted by their respective companies and are provided by GolemWeb for the express purpose designated by the distributor thereof. You may not use the GolemWeb software and licenses with any other Internet Access Service. Each software package is governed by its own license agreement, the terms and conditions of which Subscriber alone is responsible for knowing and complying.

The software on the GolemWeb Installation Disk is licensed, not sold, to Subscriber alone. The software enclosed is copyrighted material. The duration of the license granted herein by GolemWeb to Subscriber may be perpetual; provided, however, that Subscriber's use does not violate applicable copyrights or Subscriber's license is not terminated as set forth in section XV below.  Subscriber may use the software on the terms and condition set forth herein, and more specifically, the following: 

A.The software may be used on any computer for which it is designed and no one other than subscriber and his/her immediate family use it. 

B.Unless otherwise provided, Subscriber may make no more than two (2) copies of the software for backup purposes and all copies must be kept with the original software at all times. 

C.Subscriber may not share the user ID or password with others for the purpose of allowing others to access the Service, except for those the Service accounts which, by their terms, specifically allow for multiple users. 

D.Subscriber may not change or modify to the licensed software and may not decompile or disassemble the software.

The license and rights herein granted cannot be transferred, shared, sold or used by anyone other than the Subscriber.

III. 

Subscriber Responsibilities

Subscriber certifies that he or she is of at least eighteen (18) years of age or, if under the age of eighteen (18), has the consent of his or her legal guardian to subscribe to the Service. Subscriber agrees to provide GolemWeb with its current mailing address at all times.

Subscriber acknowledges and agrees that Subscriber is solely responsible for knowledge of and adherence to all applicable local, state, federal and international laws and regulations pertaining to (a) Subscriber's use of the Service, (b) the communication means by which Subscriber connects to the Service or (c) any other service provided by GolemWeb. Subscriber further acknowledges and agrees that Subscriber is solely responsible for the contents of Subscriber's transmissions through the Service and that Subscriber will not interfere with the use and enjoyment of the Service by other subscribers in any manner.

IV. 

GolemWeb and the Internet

Subscriber acknowledges that Subscriber may access both GolemWeb and the Internet through the Service. Subscriber further acknowledges that GolemWeb exercises no control over the content of information originating outside of the Service that passes through the Service. Use of any information obtained via the Service is at Subscriber's own risk.

SUBSCRIBER ACKNOWLEDGES AND AGREES THAT THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO SUBSCRIBER. SUBSCRIBER ACCESSES SUCH MATERIALS AT SUBSCRIBER'S OWN RISK. GolemWeb HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

V. 

Subscriber Conduct

Subscriber agrees to abide by the purposes and acceptable uses of the Service as set forth in this Agreement.

While using the Service, Subscriber agrees to refrain from and may not: 

A.Breach, or attempt to breach, the security on any system or network without written authorization of those responsible for said system or network; 

B.Forge email or news articles by making same appear to emanate from someone or somewhere they do not; 

C.Transmit junk mail, "Spam," chain letters or unsolicited email; 

D.Restrict or inhibit any other person from using and enjoying the Internet; 

E.Use the Service for illegal or unlawful purposes, post or transmit any material or information which is unlawful, harassing, threatening, abusive, libelous, defamatory, obscene, invasive of another's privacy, harmful, pornographic, profane, vulgar, tortious or otherwise objectionable, or that infringes, or may infringe, intellectual property, trade secret, trademark, copyright or other proprietary legal rights of another, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense or which gives rise to civil liability or otherwise violates any local, state, federal or international law; 

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

G.Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes, except as expressly permitted by the provider of such information, software or other material; 

H.Upload, post, publish, transmit, reproduce or distribute in any way information, software or other material obtained through the Service which is protected by trademark, copyright or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; or upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under United States copyright law; 

I.Automate any communication over the connection to the Service for the purpose of bypassing the fifteen (15) minute time-out policy on an idle line or dialing in multiple times on a single use account.

J.Delete, alter, damage, destroy or otherwise deface GolemWeb's website or links to it.

Said activity by Subscriber constitutes grounds for termination or suspension of Subscriber's account as set forth below. 

If GolemWeb believes that the contents of Subscriber's owned files may jeopardize GolemWeb legally, or GolemWeb's primary purpose, GolemWeb may demand that Subscriber, and Subscriber agrees to promptly, explain such files, release such files to GolemWeb, and upon demand by GolemWeb, to delete the same without recopying. 

Subscriber shall not advertise on the Internet or through GolemWeb's website without GolemWeb's prior written consent.

VI. 

Third-Party Transactions on the Internet

Subscriber acknowledges and agrees that, except for information, products or services clearly identified as supplied by GolemWeb, neither GolemWeb nor any of its affiliates operate or control any information, products or services on the Internet in any way and that, except for such GolemWeb-identified information, products or services, all merchandise, information and services offered or made available or accessible through the Service or on the Internet generally are offered or made available or accessible by third parties who are not affiliated with GolemWeb or its affiliates.

SUBSCRIBER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET. IT IS SUBSCRIBER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED THROUGH THE SERVICE OR ON THE INTERNET. 

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

Subscriber acknowledges and agrees that GolemWeb cannot guarantee the security of credit card or other payment method information used to make purchases on the Service.

VII. 

Non-Endorsement By GolemWeb

Subscriber acknowledges and agrees that GolemWeb does not endorse the content of any Subscriber communications and is not responsible or liable for any unlawful, harassing, libelous, invasive, abusive, threatening, harmful, vulgar, obscene, tortious or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.

VIII. 

Internet Links

GolemWeb may provide, or Subscribers may include in email, links to World Wide Web sites or resources. Subscriber acknowledges and agrees that GolemWeb is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Subscriber agrees that GolemWeb shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

IX. 

Privacy

Subscriber acknowledges that GolemWeb does not and cannot guarantee the privacy of Subscriber's files and e-mail and is not liable for any invasion of the same and any loss or damages arising therefrom. GolemWeb will not and does not distribute a subscriber's personal information, including that information which is normally found on-line.

GolemWeb has no obligation to monitor the Service. However, Subscriber agrees that GolemWeb has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. GolemWeb will not intentionally monitor or disclose any private email message, except that Subscriber agrees GolemWeb may do so: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce this Agreement; (d) to respond to claims that such contents violate the rights or third-parties; (e) to protect the rights or property of GolemWeb or others; and (f) if requested by Subscriber. GolemWeb reserves the right to refuse to post or to remove any information or material, in whole or in part, that, in its sole discretion, is unacceptable, undesirable, or in violation of this Agreement. 

Subscriber understands that merchants on the Service and the Internet in general may have access to Subscriber's name and other consumer information and may make it available to third parties in accordance with their normal practices unless Subscriber notifies those merchants directly that Subscriber does not wish such information made available. 

Subscriber agrees that GolemWeb may examine standard system files without Subscriber permission.

X. 

Billing

Unless otherwise arranged, all invoices will be executed electronically, in advance, via email. Monthly accounts are billed from the first to the end of each month with the first month prorated. Credit card and automatic bank withdrawal payments are charged on the first business day of each month. Accounts are in default if payment is not received within fifteen (15) days after the date of the invoice. Effective 08/01/99, accounts in default may be charged a late payment fee. Returned checks and returned automatic bank payments are subject to a returned transaction charge of $25.

Accounts in default secured with a credit card may have the account balance charged to the credit card to eliminate said default. In the event of a default, GolemWeb may, in its sole discretion suspend Subscriber's service, however, suspension does not relieve the Subscriber from the monthly account charge obligation. Accounts in default are subject to a re-connection charge of $10.00 plus the amount past due. If Subscriber defaults, Subscriber agrees to pay GolemWeb its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under this Agreement. 

Only a request to terminate the Subscriber's account relieves the Subscriber of the obligation to pay the monthly account charge. All requests to terminate the Subscriber's account must be placed with the Billing Department in writing or by telephone. Requests must be received by GolemWeb at least ten (10) days prior to the end of the billing period. All cancellations are processed at the end of each month. It is the Subscriber's responsibility to make sure the cancellation request is received and processed. GolemWeb is not responsible for lost or undelivered mail, facsimiles or email.

XI. 

Disclaimers of Warranties

SUBSCRIBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE IS AT SUBSCRIBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GolemWeb EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NONINFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

GolemWeb MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. 

GolemWeb MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. 

SUBSCRIBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICE IS DONE AT SUBSCRIBER'S OWN DISCRETION AND THAT SUBSCRIBER IS SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM DOWNLOADING SUCH MATERIAL AND/OR DATA. 

GolemWeb MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. 

GolemWeb MAKES NO WARRANTY REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH, IN CONNECTION WITH, OR LOCATED ON THE COMPUTER SYSTEMS OF GolemWeb OR OTHER SERVICES PROVIDED BY GolemWeb. 

NO ADVICE OR INFORMATION GIVEN BY GolemWeb, ITS AFFILIATES, CONTRACTORS OR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND, ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER.

XII. 

Limitation of Liability

SUBSCRIBER AGREES THAT UNDER NO CIRCUMSTANCES SHALL GolemWeb, ITS AFFILIATES, EMPLOYEES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM SUBSCRIBER'S USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY AND ALL LONG-DISTANCE TELEPHONE CHARGES INCURRED DURING CONNECTION WITH OR TO A SERVICE TELEPHONE ACCESS NUMBER WHETHER OR NOT SUCH RESULTS FROM AN INTENTIONAL OR NEGLIGENT ACT, OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR SUBSCRIBER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED OR PURCHASED ON OR THROUGH THE SERVICE, WHETHER ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.

SUBSCRIBER FURTHER AGREES GolemWeb SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND, ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.

XIII.

Indemnity

Subscriber agrees to indemnify and hold harmless GolemWeb, its parents, subsidiaries, affiliates, officers, employees, successors and assigns from any and all claims, demands, costs, expenses, judgments, causes of action, attorneys' fees, litigation and court costs resulting from or arising out of (a) Subscriber's use of the Service, whether directly, indirectly or by an act of commission or omission, (b) Subscriber's connection to the Service, (c) Subscriber's violation of this Agreement or (d) Subscriber's violation of the rights of another.

XIV. 

Subscriber Remedies

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

XV. 

Termination, Suspension or Warning

Subscriber agrees that GolemWeb may, in its sole discretion, terminate Subscriber's user ID, password, account or use of the Service for any reason. Reason includes, but is not limited to, if GolemWeb's belief (a) that Subscriber has breached, violated or acted inconsistently with the letter or the spirit of this Agreement or (b) that Subscriber has violated the rights of GolemWeb, other subscribers or parties. Subscriber further agrees that GolemWeb may terminate Subscriber's user ID, password, account or use of the Service if Subscriber fails to use the Service at least one time. Upon termination, all of Subscriber's rights and privileges shall immediately cease and GolemWeb may delete all data, files or other information owned by Subscriber and Subscriber releases rights from any liability therefor.

Subscriber further agrees that GolemWeb shall have the right to suspend service to Subscriber at any time, without notice. If such suspension is to exceed fifteen (15) days, Subscriber will be notified as to the reason. 

Subscriber may terminate this Agreement by (a) returning the software to GolemWeb or (b) by written notice to GolemWeb of Subscriber's desire to terminate and the subsequent destruction of the software and all copies made, directly or indirectly, from it, as well as all accompanying documentation and upgrades. All terms and conditions in this Agreement relating to copyright and proprietary rights of GolemWeb shall survive such termination.

XVI. 

Notice

Any notice to Subscriber or to GolemWeb shall be made via either email or regular mail. GolemWeb may also provide notices of changes to this Agreement or other matters by displaying notices to subscribers generally on the Service.

XVII. 

General Provisions

In the event any portion of this Agreement is held by a court of law 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.

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

GolemWeb reserves the right to change the rates and otherwise modify this Agreement upon notice to Subscriber. Notice will be given by email to Subscriber and/or by posting notice at www.GolemWebonline.net. Subscriber's continued use of the Service following said notice shall constitute acceptance of all such modifications. It is Subscriber's responsibility to check Subscriber's email and www.GolemWebonline.net regularly to determine whether this Agreement has been modified. If Subscriber does not agree to any modification of this Agreement proposed by GolemWeb, then the license granted and the service provided herein shall be immediately suspended by GolemWeb without notice to Subscriber. Upon termination, Subscriber will receive a refund of any subscriber fees attributable to any period of time subsequent to the effective date of any such modifications to this Agreement. 

This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict of law provisions. Regardless of any statute or law to the contrary, any cause of action Subscriber may have with respect to this Agreement or Subscriber's use of 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. 

This Agreement constitutes the entire agreement between Subscriber and GolemWeb with respect to the Service. 
The section titles in this Agreement are for convenience only and have no legal or contractual effect.