TERMS AND CONDITIONS

This agreement sets forth the terms and conditions under which EZCLICK.NET (EZC) will provide service to permit access to the Internet. These policies are binding upon all EZC customers and users (hereinafter collectively referred to as "client" and use of an EZC account constitutes a contract and an acceptance by the user of all of the following terms and conditions and as such may be amended in the future.

By using these services you (client) agree to comply with all these terms and conditions. If client fails to comply, these services may be suspended or terminated immediately. By using EZC service client acknowledges full understanding of all terms and conditions of this agreement.

1.0 SERVICES

1.1 No representation, warranty, term, or condition other than as specifically set forth in this agreement shall be binding on Provider or any of its contractors relating to the subject matter of this agreement.

1.2 EZC services may only be used for lawful purposes, in compliance with all applicable state and federal laws.

1.3 EZC exercises no control whatsoever over the content of the information gained by using its services.

1.4 EZC reserves the right to release the names and addresses of any client to any state or federal authority investigating any illegal or suspected illegal activities engaged in while using EZC services. EZC reserves the right to release names and addresses of any client suspected of attempting to breach the security of any external computer systems to that facilities administration or security staff.

1.5 EZC services are described by the following link: Services

1.6 EZC reserves the right to limit the resources used or prioritize access to services used.

1.7 Client agrees to pay for services used exceeding the level of services originally purchased.

2.0 CLIENT OBLIGATIONS

2.1 Clients are assigned a password. This password is private and confidential. It is the clients’ responsibility to maintain the service of the assigned password. Passwords may not be assigned, transferred or loaned to another person other than a resident of your home. A home is considered a single-family residence.

2.2 Client represents and warrants to be 18 years old. Client may authorize persons under 18 to use EZC services, but client acknowledges that adult supervision will be provided. Persons under 18 are not permitted to engage in activities using EZC services that are prohibited by law or ordinance.

2.3 Client may not transfer the subscription or rights and obligations under this agreement to any other person.

2.4 Client is responsible for checking email for notices concerning EZC service, upgrades or announcement.

2.5 Client agrees to not engage in any copyright or trademark infringement, any misrepresentation or any other deceptive practice.

2.6 Clients who purchase standard dial-up service acknowledge this service is for personal use only. Access to the service by multiple users at the same time using a single password is strictly prohibited and is grounds for termination of service.

2.7 Client certifies they will not use or attempt to use any equipment, software, or process, which attempts to compromise the security of any computer or facility at any site or location. Client shall not use EZC services to impersonate another person or misrepresent authorization to act on behalf of others. All messages transmitted via EZC shall correctly identify the sender.

2.8 Client agrees not to resell or redistribute access to EZC service.

2.9 Client shall not use a personal account for commercial or high volume use. Use of any type of device or software which allows client stay logged on while client is not actively using EZC Services is prohibited. Client may purchase EZC commercial services from EZC.

3.0 PAYMENT TERMS

3.1 Client agrees to pay initial setup fee and the monthly recurring charge, and all applicable taxes. EZC will notify client 30 days prior to any rate changes.

3.3 Client is responsible for all expenses incurring in collecting outstanding balances due EZC.

3.4 EZC billing policies are described by the following link: Billing Policies

4.0 E-MAIL & USENET NEWSGROUPS

4.1 E-mail must be used responsibly and lawfully. Any unlawful or malicious use of e-mail will result in termination of services and the information will be turned over to appropriate authorities.

4.2 EZC is not responsible for any content of any e-mail or any usenet postings.

4.3 EZC reserves the right to discontinue usenet newsgroups or any e-mail account at any time.

4.4 Client acknowledges that many usenet groups are intended for adults only. The client is responsible for any activity through the account.

4.5 Chain letters, unsolicited mailings or e-mail, sending large or multiple messages or files with a malicious intent are strictly prohibited and will result in services being discontinued.

5.0 Maintenance and Support

5.1 EZC will provide technical support as defined in this agreement. EZC will provide assistance during regular business hours. EZC will provide assistance only for connection to the Internet. Client is solely responsible for all computer equipment, modem maintenance and phone service.

6.0 EZC customer referral program described by the following link: Referral Program

7.0 LIABILITY

7.1 EZC assumes no responsibility for damage of equipment, loss of information, damage or destruction of data files, by any means including any viruses downloaded through use of EZC service.

7.2 EZC does not monitor content of communication, however EZC is not responsible for security breaches that may occur from outside sources gained through the use of the internet. EZC reserves the right to delete
any materials that in EZC sole discretion, may be potentially illegal, violate these policies, or which may cause civil liability.

7.3 Failure by EZC to enforce any provision of this agreement shall not constitute a waiver of said provisions nor affect the validity of this agreement. EZC cannot and shall not assume any liability for any failure to enforce the terms of this agreement.

7.4 This agreement shall be governed by and construed in accordance with the laws of the state of Arkansas without regard to any conflict of laws provisions. Client agrees and consents that the courts of Clark County, Arkansas, shall have exclusive jurisdiction, and shall be the exclusive venue for any legal action relating to this contract or to the services of EZC. Client agrees that the statute of limitations for any claims against EZC shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived. Client agrees the bindings of the provision of this agreement are for reference purpose only and shall not be construed as affecting the meaning or interpretation of this agreement. This agreement may be executed in multiple counterparts, each of which shall be deemed an original, and are of which together shall constitute one and the same document.

7.5 EZC internet services are provided on an "as is, as available" basis. There are no warranties, either expressed or implied, including, but not limited to the implied warranties of merchantability or fitness for a particular purpose; and there are no warranties for quality, condition or performance. EZC does not warrant that the internet access services or any software provided will be error free or that defects in the service or software will be corrected.

7.6 Under no circumstances shall EZC, its agents or employees, be liable for any incidental, consequential, direct, indirect, punitive or special damages, including but not limited to damages that may be suffered by any client from loss of data, non-deliveries, service interruptions, mistakes, omissions, unauthorized access and any other errors or defects. Use of any information obtained through EZC are at the Client’s own risk, and EZC disclaims any responsibility for the accuracy or quality of information obtained through its services. Notwithstanding the above, Client’s sole and exclusive remedy for all damages, losses and causes of action whether in contract or tort, including negligence, shall not exceed the pro rata dollar amount paid by customer to EZC for the period of time for which customer's complaint may arise.

7.7 Each paragraph of this agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs will remain in full force and effect.

Client agrees to defend, indemnify and save and hold EZC, its employees and agents, harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees, that may arise or result from any service provided by client to others, services agreed to be provided by client to others, any product sold by customer, and any other Internet access use by client and client’s agents, employees and assigns.

8.1 All notices, requests, demands, and other communication which are required or may be given under this agreement by electronic mail, by posting on EZC’s Home Page, Facsimile and or by U.S. Mail. EZC reserves the right to amend the terms and conditions hereof at any time without prior notice. Notice of modifications to these policies may be given so provided herein above.

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