SERVICE AGREEMENT
(revised 03/13/09)

Account Use

Comporium Communications, hereinafter referred to as 'company', provides Comporium.Net, our Internet connection service, for educational, professional, recreational, entertainment, and limited commercial purposes. As a responsible provider, we must ensure that our subscribers honor and respect the culture and etiquette of the Internet. This culture includes cooperation, civility, courtesy, and respect for privacy.

I have read and understand the 'Acceptable Use Policy' that is a part of this Service Agreement. I agree to abide by those guidelines. I understand that my account may be terminated if I do not follow those guidelines.

I agree to use Comporium.Net for only lawful purposes. I understand that I may not transmit or store any information, data, or material in violation of US federal or state regulation or law. This includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material.

I understand that messages and data sent to destinations outside the United States must satisfy Department of Commerce regulations (either be within the GTDA guidelines for information which may generally be transmitted or have the required license).

I understand that my Comporium.Net account cannot be transferred or used by anyone other than myself. Account sharing is strictly prohibited. No more than one login session can be active at a time by the subscriber. Accounts that have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate termination. I agree not to resell, relicense or redistribute Comporium.Net's Internet connection service to any individual, company or organization.

I understand that Comporium Communications is not responsible in any way for information that I may read, view, or retrieve while using Comporium.Net. Comporium Communications is not responsible for the content, accuracy, character, or attributes of any information. Information includes, but is not limited to, screen displays, data and text files, graphic files, and programs or executable files.

Account Limitations, Suspension, Cancellation or Termination

• I understand that all users of Comporium.Net are limited to a normal volume of data transfer and storage. In the event I exceed the normal limits established by Comporium from time to time, I understand I may be required to limit my usage or incur additional fees (visit our Rate Limitations page for more details).
• I understand that Comporium may terminate without notice any free e-mail only account on which no activity takes place for 90 days.
• I understand that the company has the right to delete all data, files, or other information stored on Comporium Communication's storage devices in my account, if; (1) my account is terminated, for any reason, by me or by the company or if (2) my account exceeds the data storage limitations that are established by the company and posted on the company website.
• I understand the company may cancel my Comporium.Net connection at any time by sending written notice to my last known mailing or billing address. I understand that monthly fees will be prorated for the period of time the service was active or in force.
• I understand the company has the right to suspend my service at any time, for any reason, without notice. If such a suspension is to last for more than 30 days, I understand I will be notified as to the reason.
• I certify that I am at least 18 years of age or that my parent or guardian agrees to sign this agreement and be liable for the charges.

COMPORIUM.NET ACCEPTABLE USE POLICY

Introduction

Comporium.Net's Acceptable Use Policy ("AUP") is intended to enhance the use of the Internet by preventing unacceptable use of any services we (Comporium) provide. Anyone who uses Comporium Internet Services (the “Services”), including all subscribers, licensees and/or resellers of the Services and their customers are bound by this policy. Violations of this AUP may result in the suspension of Services or termination of your Comporium.Net account.

Violations of Acceptable Use Policy

The following constitute violations of this AUP:

• Illegal use. Using Comporium.Net to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law.
• Harm to minors. Using our services to harm, or attempt to harm, minors in any way, including but not limited to, hosting, possessing, disseminating or transmitting material that is unlawful, including child pornography or obscene material.
• Threats. Using our services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
• Harassment. Using our services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
• Objectionable content. Using our services to post, transmit or disseminate any content that is, in our opinion, abusive, libelous, slanderous, defamatory, incites hatred or is otherwise offensive or objectionable.
• Fraudulent activity. Using our services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam, including but not limited to "pyramid schemes","Ponzi schemes", and "chain letters".
• Forgery or impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited.
• Unsolicited commercial email/Unsolicited bulk e-mail. Using our services to transmit any unsolicited commercial e-mail or unsolicited bulk e-mail (“spam”) is prohibited. Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail, whether or not that e-mail is commercial in nature, are also prohibited. Our services may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services. Additionally, “mail bombing,” the sending of numerous copies of the same or substantially similar messages or very large messages or files, with the intent to disrupt a server or account, is prohibited.
• Unauthorized access/hacking/circumvention. Using our services to access, or to attempt to access, the accounts of others without their knowledge and consent, or to circumvent, penetrate, or attempt to circumvent or penetrate, security measures of Comporium.Net or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data. Use or distribution of tools designed to compromise security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is strictly prohibited.
  
• Copyright or trademark infringement. Using our services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, the unauthorized transmittal of copyrighted software, and the unauthorized uploading and downloading of music and/or video. We reserve the right to suspend or terminate your account upon receipt of notice that you have engaged in such activities, regardless of whether or not infringement has been proven.
• Collection of personal data. Using our services to collect, or attempt to collect, private personal information about third parties without their knowledge and consent.
• Using an IP address that has not been assigned to you.
• Unauthorized sharing. You agree not to allow others to use any of the services provided to you by Comporium. Specific actions you will refrain from taking include, but are not limited to, sharing with others your account user name and password, dial-up access, or broadband access via any type of networking device (router, gateway, wireless access point, etc.). You may at your own risk and responsibility permit other members of your family to access the services and may utilize networking devices for use within your household only. You shall ensure that other such users are aware of and comply with these terms of use and you will, in any event, remain responsible for all use of the services or any other services access through the Comporium.Net services on your account, whether or not authorized by you.
• Commercial use. Reselling our services without Comporium's written authorization. Our services are designed for your personal use of the Internet and may not be used for commercial purposes. You also agree not to use our services for operation as an Internet service provider, or for any other business enterprise including, without limitation, IP address translation or similar facilities intended to provide additional access.
• Servers. Operating or allowing others to operate servers of any type, or any other device, equipment and/or software providing server-like functionality in connection with our services, unless expressly authorized by Comporium.Net.
• Network disruptions. Using our services for any activity that adversely affects the ability of other people or systems to use Comporium's Internet Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. It also includes, without limitation, posting or transmitting any information or software that contains a virus, lock, key, bomb, Trojan horse, cancelbot or other harmful feature. Interference with or disruption of other network users, network services or network equipment is prohibited.
• Violating any Comporium.Net policy or guideline. You are responsible for any misuse of our services that occurs through your account. You must therefore take steps to insure that others do not gain unauthorized access to your account or otherwise misuse our services.

Penalties

Comporium may take any one or more of the following actions in response to complaints and/or violations of the AUP:

• Issue warnings: written or verbal
• Suspend account
• Terminate account
• Bill for administrative and investigative costs and/or reactivation charges
• Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU ASSUME TOTAL RESPONSIBILITY FOR USE OF THE SERVICES AND THE INTERNET AND ACCESS THE SAME AT YOUR OWN RISK. COMPORIUM.NET EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT ACCESSIBLE OR ACTIONS TAKEN ON THE INTERNET AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH CONTENT OR ACTIONS. COMPORIUM.NET SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OF INFORMATION OR DATA, OR INTERRUPTED COMMUNICATIONS, ARISING OUT OF OR RELATED TO YOUR USE OF THE COMPORIUM.NET SERVICES. UNDER NO CIRCUMSTANCES WILL COMPORIUM.NET BE LIABLE TO YOU OR ANY THIRD PARTIES FOR AN AMOUNT GREATER THAN THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU FOR THE SIX MONTHS IMMEDIATELY PRECEDING ANY CLAIM.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPORIUM.NET MAKES NO WARRANTY OF ANY KIND, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. COMPORIUM.NET DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Comporium.Net and its subsidiaries, affiliates, officers, employees, agents, suppliers or other partners from any and all third party claims, liabilities, costs and expenses, including reasonable attorneys fees, arising from your use of the services, your violation of these terms of use, or your violation of the rights of any other person or entity.

A NOTE CONCERNING MINORS
You acknowledge that certain content that may be accessed through the services may contain content that is unsuitable for minors. Comporium is not responsible for any content accessed by minors while utilizing our Internet services.

REVISIONS TO THIS SERVICE AGREEMENT
Comporium reserves the right to revise, amend, or modify this Internet Service Agreement, including any provisions of the AUP, and our other policies and agreements at any time and in any manner. Policy changes take effect upon posting of revisions to Comporium's Web site: www.comporium.com. Look under “Service Agreement.”

MISCELLANEOUS
These terms and conditions constitute the entire agreement between you and Comporium.Net with respect to your use of the services. Comporium.Net may assign this agreement and your rights and obligations hereunder, in whole or in part, at any time and without notice to you. You may not assign this agreement without Comporium.Net's written consent. Comporium.Net's failure to enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or rights set forth herein. If any provision of this agreement is held to be unenforceable, the unenforceable provision shall be construed as nearly as possible to reflect the original intent of the parties and the remaining provisions herein shall remain in full force and effect.

CONTACTING US
Should you have comments or concerns or if you have any complaints about the use of the services, please forward them to ContactMain@Comporium.com. In any such complaint, please include the screen name of the Comporium.Net user involved and any other identifying information, as well as a detailed description of the activities involved and the dates on which they took place, to the extent known.

Thank you for choosing Comporium Internet services.