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DBISP Terms and Conditions

The DBISP Internet Access Service (the "Service") consists of computing, network access, information services and software, information and other content provided by DBISP, Inc. ("DBISP"). In addition, third parties provide information, software, and other content (collectively, "Third Party Content") which may be accessed over the Service. These terms and any Operating Rules published over the Service constitute the entire and only agreement (collectively, the "Agreement") between DBISP and you (including your designated users) with respect to the Service and supersede all other communications and agreements with regard to the subject matter hereof.

Upon notice published over the Service, DBISP may modify this agreement, the Operating Rules or prices, and may discontinue or revise any or all other aspects of the Service at its sole discretion and without prior notice. Current terminology and procedures can be found in the Policies and Procedures document. This document is available both on-line and upon request. Unless otherwise agreed, your right to use the Service or to designate users is not transferable and is subject to any limits established by DBISP, or by your credit card company if billing is through a credit card. You agree to indemnify DBISP against liability for any and all use of your account. You are responsible for and must provide all telephone and other equipment and services necessary to access the Service. You shall pay, in accordance with the provisions of the Billing Option selected by you, any registration or monthly fees, connect time charges, minimum charges and other charges incurred by you or your designated users at the rates in effect for the billing period in which those charges are incurred. You shall pay all applicable taxes related to use of the Service by you or your designated users.

You shall be responsible for all use of the Service accessed through you or your designated users' password(s). YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER DBISP NOR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES DBISP OR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER DBISP NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISION OF THIS PARAGRAPH SHALL ALSO APPLY TO THE THIRD PARTY CONTENT.

This agreement is, and shall be governed by and construed in accordance with the law of the State of DBISP applicable to agreements, made and performed in Indiana. Any cause of action of you or your designated users with respect to the Service must be instituted within one year after the claim or cause of action has arisen or be barred.

Corporate accounts are subject to the following payment criteria. Terms of payment on all charges are due upon receipt. If any payment due hereunder is not made by you within thirty (30) 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 DBISP may, in addition, at its sole discretion and without notice to the you or your designated users, (a) suspend its performance under this agreement and you or your designated users' access to and use of the Service, or (b) terminate this agreement and you or your designated users' access to and the use of the Service. For accounts not approved by DBISP for corporate billing, you must provide payment by credit card or check or money order in advance of service. Notwithstanding any acknowledgment of your purchase order by DBISP, any provision or condition in any purchase order, voucher, or other memorandum of yours which is in any way inconsistent with, or adds to, the provisions of this agreement is null and void.

Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this Agreement. If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect. The provisions of paragraphs 7 and 9 and all obligations of and restrictions on you and your designated users shall survive any termination of this Agreement.