A. Terms of Internet Access Agreement.

1. Please take the time to familiarize yourself with Eriecoast.com's policies. Eriecoast requires its subscribers to abide by the rules of conduct described in the policies set by Eriecoast.
2. Current Account Charges, including billing methods, rates, and surcharges for using the Access Service, may be found in Eriecoast Policies or may be obtained by calling Eriecoast Customer Service at (440) 323-4844.
3. You agree that Eriecoast may revise the terms and conditions of this Agreement, revise the billing rates and, revise the services provided under this Agreement at any time. Any such revisions will be binding and effective immediately on posting the revised Agreement on notification to you by e-mail or United States mail.
4. If any revision to this Agreement is unacceptable to you, you may terminate this Agreement at any time by providing Eriecoast with notice cancellation. Notice of your termination will be effective on receipt by Eriecoast.
5. You agree that, by continuing to use the Access Service following notice of any revision to the Agreement, you accept any such revisions and agree to abide by any such revisions.
6. Eriecoast reserves the right to distribute informative emails to our subscribers on an ad-hoc basis that it feels is pertinent to the quality of our service. These announcements are predominately informative in nature and often provide our subscribers with notification describing changes, upgrades, and other critical information pertaining to this evolving medium.

B. Registration Information.

1. Accurate information must be supplied to Eriecoast. You must agree to provide, complete, and updated registration information. If you do not provide Eriecoast with registration information that is accurate, you are not authorized to use the Services provided by Eriecoast and your account will be terminated immediately.
2. In order to use the services provided you must be at least 18 years old and are legally able to enter this agreement with Eriecoast.

C. Internet Access Service.

1. The services provided by Eriecoast include fully digital Internet accesses, unlimited service to the Internet using Eriecoast, free customer support using the telephone and or Internet e-mail. The Internet is not owned, operated, or managed by, or in any way affiliated with Eriecoast or any of Eriecoast's employees. The Internet is an international computer network of both Federal and non-Federal inter-operable packet switched data networks. Eriecoast cannot and will not guarantee that the Access Service will provide Internet access that is sufficient to meet your needs. You agree that your use of the Access Service and the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.
2. You agree that Eriecoast retains the right, but not the obligation, to restrict or terminate your Access Service at any time, if Eriecoast, in its sole discretion, determines that you are in violation of this Agreement. You agree that, if Eriecoast determines that you are in violation of this Agreement, any restriction or termination of your Access Service will be effective immediately, without prior notice. You agree that Eriecoast will have no liability to you for any restriction or termination of your Access Service pursuant to such violation.
3. You agree that if Eriecoast terminates your Access account as a result of your violation of the Online Policies, you forfeit any right to a refund of any prepaid account charges, such forfeiture being agreed to you by you and Eriecoast as liquidated damages and not as a penalty. You further agree that if you violate the Online Policies, Eriecoast may refuse to accept any application for renewal or re-subscription following cancellation.
4. You are responsible for verifying that the phone number you are calling the Internet through Eriecoast is a local access number to which your computer is dialing. Any telephone charges associated with your access to the Internet through Eriecoast are solely your responsibility. ERIECOAST DOES NOT REIMBURSE OR PAY ANY TELEPHONE CHARGES FOR ANY REASON.

D. Content of Communications.

1. The Access Service provides you access to information, communications, software, photos, video, graphics, music, sounds and other material and services located both on Eriecoast computer servers and on the Internet ("Content"). You agree that you must evaluate and bear the risks associated with the subject matter, accuracy, completeness or usefulness of any Content available to you on or through the Access Service.
2. You agree that Eriecoast has the right, but not the obligation, to remove Content from Eriecoast computer servers who Eriecoast, in its sole discretion, determines to be in violation of this Agreement or Eriecoast Policies.
3. As a matter of policy, Eriecoast does not pre-screen Content placed on our computer servers by any of its subscribers. Eriecoast does not have the practical ability to monitor, review, or restrict, prior to its transmission, Content on Eriecoast's servers, which may violate this Agreement or Eriecoast's Policies. In addition, Eriecoast cannot ensure the prompt editing or removal of any Content, which may violate this Agreement or Eriecoast's Online Policies after such Content has been posted on Eriecoast's servers.
4. The Internet provides access to individuals who are not Eriecoast subscribers. Eriecoast does not have the capability to monitor, review, or restrict any Content made available by third parties on the Internet, nor to edit or remove any such Content after its posting on the Internet.
5. Please be advised that, despite our efforts, you may receive Content, which you consider to be inaccurate, defamatory, or otherwise offensive. You agree that Eriecoast will not be liable for any action or inaction with respect to any Content posted on or through the Access Service and the Internet.

E. Copyright and Other Rights.

1. The Access Service provides access to content that is protected by copyrights, trademarks, intellectual property rights, and other proprietary rights ("Rights") of independent third parties who make such Content available on or through the Access Service.
2. You agree that your use of Content shall be governed by all applicable laws and regulations, and by the specific restrictions placed on such Content by the owners or licensors of the Rights in such Content.
3. You agree not to post or transmit Content that is subject to another party's Rights, on or through the Access Service, without that party's express permission. Such posting or transmitting: (1) will result in termination of this Agreement, and; (2) may result in civil or criminal liability.
4. You agree to upload to software files, message boards, or otherwise post or transmit on or through the Access Service, only such Content that is not subject to any Rights, unless you have received express authorization to distribute such Content on or through the Access Service by the holder of such Rights.
5. You agree that by posting or transmitting Content to any public area (such as public chat rooms, message boards, newsgroups, webspace or software libraries) you are requesting Eriecoast to make that material available to other Internet users and that such access will result in copies of your Content being transmitted to others. In order to permit Eriecoast to publish your Content, you automatically grant, or represent that the owner of any such Content has expressly authorized you to grant, Eriecoast a royalty-free, perpetual, irrevocable, non-exclusive right and license to reproduce, publish, distribute, perform and display such Content (in whole or in part) worldwide to service your request.

F. NO WARRANTY.

1. You agree that your use of the Access Service, the Access Service Software, and the Internet is solely at your own risk. You agree that the Access Service and the Access Service Software is provided on an "as is," "as available" basis without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion.
2. Eriecoast disclaims any and all loss or liability resulting from, but not limited to: (1) loss of data; (2) loss of software or hardware; (3) loss or liability resulting from access delays or access interruptions; (4) loss or liability resulting from computer viruses that travel over the Internet; (5) loss or liability resulting from data non-delivery or data miss-delivery; (6) any other loss or liability resulting from the negligent acts and/or omissions of Eriecoast or Eriecoast subscribers; (7) loss and liability resulting from any errors, omissions, or misstatements in any and all information, goods, or services obtained on or through the Access Service, and; (8) loss or liability resulting from acts of God.
3. You agree that Eriecoast's entire liability, and your exclusive remedy, with respect to your use of the Access Service, your use of the Access Service Software, and any breach of this Agreement is solely limited to the amount you paid to use the Access Service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, Eriecoast's liability is limited to the extent permitted by law.

G. Indemnification.

1. You agree to defend, release, indemnify, and hold Eriecoast, its affiliated companies and licensors, harmless from all liabilities, claims and expenses, including without limitation reasonable attorneys fees, arising from breach of the Agreement by use of, or in connection with the posting or transmission of any content by or through your account on the Access Service.
2. You agree that Eriecoast has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you pursuant to Paragraph 1 of this section. In such event, you shall have no further obligations pursuant to Paragraph 1 of this section.

H. Termination.

1. You agree that you or Eriecoast may terminate this Agreement for any reason at any time.
2. You agree that your only right with respect to any dissatisfaction with any: (I) Agreement term, policy, or practice of Eriecoast in operating the Access Service; (II) Content available on or through the Access Service or change therein; or (III) amount or type of fees or billing methods, or change therein, is to terminate this Agreement as set forth in Paragraph 1.
3. You agree that Eriecoast has the right, but not the obligation, to delete all program, data, or other files on Eriecoast's computer servers that are associated with your account at the time of termination.
4. Only the person whose name is on the account will be able to
   1. Change User ID and/or Password
   2. Cancel an existing account
   3. Some restrictions may apply to your selection of user id.
5. The following are non-refundable: Web and Publishing/Development Fees, Domain registration fees, Static IP charges, Sub Class C charges and Class C charges.
6. Shipping and Handling charges are non-refundable.

I. Law.

1. You agree that this Agreement and Eriecoast's Policies comprise the entire understanding between Eriecoast and you, and supersede any prior agreements between you and Eriecoast with respect to the subject matter of this Agreement.
2. You agree that, if any portion of this Agreement or Eriecoast's Policies is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining portions will remain in full force and effect. The laws of the State of Ohio, excluding its conflicts of law rules will govern the Agreement. You and Eriecoast each submit to the exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts of the State of Ohio. Eriecoast Policies

Eriecoast’s Policies address frequently asked questions regarding proper online conduct.
These policies include information on: Eriecoast's Account Charges; the Content of the
Online Material that you may find on or through the Access Service; purchasing Online
Goods and Services through the Access Service; and how to report complaints
regarding a person's online conduct by using Eriecoast's Complaint Response
Procedures.

Eriecoast's Online Policies, including the following list of Prohibited Activities, are part
of your subscriber agreement. If you restrict or inhibit any other subscribers' use or
enjoyment of the Access Service by engaging in any of the activities prohibited below,
Eriecoast may suspend or terminate your account.

As explained in your subscriber agreement, all applicable laws and regulations, including
all applicable local, state, national, and international laws and regulations must govern
your use of Eriecoast's Internet Access Service. In addition to other applicable laws,
this includes all laws relating to copyright, trademark, obscenity, defamation, and the
right of privacy, false advertising, and fraud.

In addition to such laws and regulations, when using the Access Service you must use
your best efforts to avoid interfering with any other person's use and enjoyment of the
Access Service. You must also ensure that your use of the Access Service is governed
by the rules of proper Internet conduct.

If the connection to Eriecoast has no activity from the user for a period of 4.5 hours,
then Eriecoast will disconnect services and end the session

1. PROHIBITED/ABUSE ACTIVITIES.

For purposes of the Prohibited Activities, the term "information" means material of any
type capable of being posted or transmitted on or through the Access Service, including
material in print, graphic or pictorial form. Any instance of prohibited or abuse activities
will be cause for immediate termination of your Eriecoast Internet Access account.

When using the Access Service:

(a) Defamation. You agree not to post or transmit any information in violation of any
applicable law.

(b) Fraud. You agree not to post or transmit any fraudulent information on or through
the Access Service. This means any information that you know or have reason to
know is false, and that you intend for others to rely on.

(c) False Advertising. You agree not to post or transmit on or through the Access
Service any advertising or promotional materials that contain false, deceptive, or
misleading statements, claims, or representations.

(d) Unsolicited Advertising. You agree not to post or transmit any unsolicited
advertising, promotional materials, or other forms of solicitation to other Subscribers,
individuals, or entities, except in those areas (e.g., the classified areas) that are
designated for such a purpose.

(e) Copyright Violations. You agree not to post or transmit on or through the Access
Service any information that infringes another person's or entity's copyright in all or
any part of the information.

(f) Trademark, Service Mark, and Trade Dress Violations. You agree not to post or
transmit on or through the Access Service any information that infringes another
person’s rights in its trademark, trade dress, or service mark.

(g) Trade Secret Violations. You agree not to post or transmit on or through the Access
Service any information that reveals trade secrets belonging to another person,
business, service, or other entity.

(h) Obscenity. You agree not to post or transmit any obscene or sexually explicit
images or other content on or through the Access Service.

(i) Harassment, Threats, and Abuse. You agree not to use the Access Service to
harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or discomfort
to any person or entity, by any means, including the use of vulgar, hateful, racially,
ethnically, or otherwise objectionable information.

(j) False Pretenses. You agree to not use the Access Service to impersonate any
person, including but not limited to, a Eriecoast official or an information provider,
guide, or host, or communicate under a false name or a name that you are not entitled
or authorized to use in all forms of online communication, including, but not limited to,
screen names, subscriber profiles, chat dialogue, and message posting.

(k) Chain Letters. You agree to not post or transmit chain letters, or letters or messages
that offer a product or service based on the structure of a chain letter, on or through
the Access Service.

(l) Inappropriate Content. You agree not to post or transmit on or through the Access
Service information that is patently inappropriate material, e.g., information or topics
not related to the topics focused on by the participants in a particular news group or
mailing list.

(m) Scrolling. You agree not to cause the screen to "scroll" faster than other
Subscribers or users are able to type to it, or any action to a similar disruptive effect on
or through the Access Service;

(n) Disruptive Activities. You agree not to use the Access Service to disrupt the normal
flow of online dialogue, or otherwise act in a manner that negatively affects other
Subscribers, users, individuals, or entities.

(o) Violations of Service Providers' Rules. You agree to not use the Access Service to
violate any operating rule, policy, or guideline of any other online service provider or
interactive service.

(p) Multiple Accesses. You agree that this Agreement is not transferable. You agree not
to simultaneously access the Access Service for more than one session at any time.

(q) Abuse of Eriecoast's Procedures. You agree not to make false or unverified
complaints against any Eriecoast subscriber, or otherwise abuse any of Eriecoast's
Complaint Response Procedures.

(r) Systems Abuse. You agree not to abuse Eriecoast's system by causing any harm to
the system so that it inhibits other user ability to effectively use the system.

(s) SPAM. You agree not to post or cross post, regardless of content, of the same
message to 20 or more newsgroups or e-mail addresses.

CONTENT OF ONLINE MATERIAL.

You should be aware that the Internet contains Content, goods and services that you may
find improper, obscene, or otherwise offensive. Such Content may not be appropriate for
you or for any minors who may be accessing the Internet through your account.

As a matter of policy, Eriecoast does not pre-screen Content placed on Eriecoast's computer
servers by any of its subscribers. Eriecoast does not have the practical ability to monitor,
review, or restrict, prior to its transmission, Content on Eriecoast's servers which may violate
Eriecoast’s rules, nor can Eriecoast ensure prompt editing or removal of actually or
potentially violating Content after such Content has been posted on Eriecoast's servers. You
may, therefore, receive offensive and unsolicited Content that Eriecoast cannot control.

Although Eriecoast retains the right to remove Content from Eriecoast's computer servers
that violates its subscriber agreement; the Access Service provides access to users who are
not a part of Eriecoast. Eriecoast does not have the capability to monitor, review, or restrict
any Content made available by third parties on the Internet, nor to edit or remove any such
Content after its posting on the Internet.

Accordingly, Eriecoast cannot be responsible for any conduct, Content, goods, and services
available on or through the Access Service. Eriecoast suggests that concerned parents
consider using one of the commercially available programs capable of restricting access to
sexually explicit material on the Internet. Eriecoast recommends the installation of
" Surf Watch,”However; no parental control software is perfect. Your use of such software
is solely at your own risk. Eriecoast makes no warranties or representations as to the
accuracy, completeness, or usefulness of any parental control software or service.

3. PRIVACY OF COMMUNICATIONS.

Eriecoast intends to respect its Subscribers' privacy and will not randomly monitor or
disclose the contents of private e-mail or private chat room communications. However, you
agree that Eriecoast has the right, but not the obligation, to monitor or disclose the contents
of private communication, if Eriecoast, in its sole discretion, reasonably believes that such
action is necessary: (1) to comply with applicable law or valid legal process; (2) to protect
Eriecoast’s rights or property; or (3) in emergencies when a person's physical safety is at
issue.

4. ONLINE GOODS AND SERVICES.

Eriecoast does not control, provide, operate, or take responsibility for any Content, goods, or
services available on or through the Access Service. You may receive blind opportunity
advertisements, pyramid schemes, and other "get rich quick" schemes on or through the
Access Service. These should be avoided or approached with ample skepticism.

All such Content, goods, and services are made available by independent third parties and
are not part of Eriecoast or controlled by Eriecoast. Please remember that Eriecoast does not
endorse, warrant, or guarantee the accuracy, completeness, usefulness, quality, or availability
of any Content, goods, or services available on or through the Access Service, and your use
thereof is solely at your own risk.

You should use your best judgment and exercise caution when purchasing a product through
the Access Service. Eriecoast will not be a party to, or in any way be responsible for,
monitoring any purchases or other transactions between you and any other persons providing
Content, goods, or services on or through the Access Service. Eriecoast assumes no
responsibility for any such transactions and will not mediate disputes relating to such
transactions. Eriecoast disclaims any responsibility for any such transactions even where the
Access Service features or displays a link with a particular World Wide Web site.

By using the Access Service you agree that neither Eriecoast nor its affiliates shall be held
responsible or liable, directly or indirectly, for any loss, liability of any nature, or damage
caused, or alleged to have been caused by your use of, or reliance on, any Content, goods,
or services available on or through the Access Service.

5. ACCOUNT CHARGES.

Your monthly account charges are payable in advance. However, no cancellation fees will
apply if you terminate your account. If your account is terminated by Eriecoast because of
violations of Eriecoast's Policies, you will not be entitled to a prorated refund, such forfeiture
being agreed to you and Eriecoast as liquidated damages and not as a penalty.

You are responsible for all activities and charges associated with your account. If any
unauthorized charges are made on or through your account, you are responsible for such
charges until you notify Eriecoast of a breach of security by calling Eriecoast at (440)
323-ERIE and change your password. Please be advised that the Contact Person or Owner
of the Eriecoast Internet Account is solely responsible for activities conducted through, on or
with their Eriecoast Internet Account. If you, or someone, to whom you have given access
to your account, violate the Eriecoast Internet Access Agreement, your account will be
cancelled.

If you pay by credit card, you expressly authorize Eriecoast to charge the credit card account
number associated with your Account for any Access Service charges that accrue from
month to month. This authorization will remain valid until you terminate your authorization
in writing.

A billing cycle will begin on the date you purchase the Access Service and will continue for
one month from that date. A new billing cycle will begin on the anniversary date of the day
of the month on which you purchased the Access Service.

If you pay other than by credit card, your account charges are due on your receipt of an
invoice, and payment of your account charges must be received by Eriecoast prior to the
first day of each billing cycle. Only accounts with monthly invoices of more than $50.00 can
be invoiced. Your account will be considered to be in default if payment of your account
charges is not received within fifteen (15) days after the date of your invoice. If your
accounts are still unpaid thirty (30) days after the date of your invoice, you may have your
Access Service interrupted or terminated.

If any instrument received in payment is returned to Eriecoast unpaid, your account will be
considered to be in default, and in addition to the amount due, you will be subject to a
returned check charge of $25.00. If your account is cancelled or interrupted for
non-payment, you must continue to pay your monthly account charges. In the event that you
elect to stop Eriecoast Services, All payments to date are forfeited unless notice is given
within 3 days of billing cycle. (Anniversary billing date)

If your account is in default, you are subject to an interest charge of 1.5 percent per month,
or the maximum allowable rate under state law. If you default on your account, you agree to
pay Eriecoast its reasonable expenses, including attorneys' fees and collection agency fees
incurred in enforcing Eriecoast's rights under Eriecoast's Internet Access Agreement.

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