THIS AGREEMENT is effective as of the Subscriber account creation date (the "Effective Date") between the Subscriber and CommPlus Internet Services. CommPlus agrees to provide access to Internet, and Subscriber agrees to accept and utilize CommPlus's service, according to the terms of this Agreement.

1. Service. Upon registration with CommPlus, CommPlus shall create Subscriber's account to enable Subscriber's access to CommPlus 's Internet access service (the "Service"). Subscriber is responsible for all use of Subscriber's account and maintaining the confidentiality of Subscriber's password. CommPlus will suspend access or change access to Subscriber's account upon notification by Subscriber that his or her password has been lost, stolen or otherwise compromised. Subscriber shall remain liable for all charges incurred on Subscriber's account and CommPlus shall not be liable for any usage or charges prior to CommPlus making the necessary account alteration. Unlimited access is not dedicated access, CommPlus will terminate a dial-up connection if: Idle for more than 30 minutes and/or a session limit of 12 hours has been reached. 

1.a. E-mail and Usenet News
Using any CommPlus account or server to send duplicative, unsolicited e-mail messages (commercial or otherwise), or to collect the responses from unsolicited e-mail, is prohibited.

Similarly, using any CommPlus account or server to post advertisements or messages that violate the charter of any newsgroup or mailing list is prohibited.

CommPlus reserves the right to make the determination whether a given message violates the newsgroup or mailing list charter. In most cases CommPlus will defer to the judgment of the newsgroup or mailing list moderator or administrator.

Commercial messages that are appropriate under the charter of a newsgroup or mailing list, or that are expressly solicited by the recipients, are permitted.

Conduct in connection with e-mail or Usenet news that is an obvious nuisance (such as "mail bombing") or that would be unlawful in other contexts (for example, threats, harassment, defamation, obscenity, or software piracy) is prohibited.

2. Technical Support. CommPlus will provide technical support via telephone and e-mail at no charge to Subscriber to assist in establishing Subscriber's connection to the Service and configuration of CommPlus Internet software tools. Technical Support consists only of consulting services provided by CommPlus and in no event shall it include maintenance or repair of Subscriber's hardware. Technical support hours are from 9:00 a.m. to 6:00 p.m., Monday through Friday except on nationally observed holidays and Christmas Eve. Technical Support hours are subject to change.

3. Equipment & Utilities. Subscribers shall provide their own computer and telecommunications equipment necessary to access to the Service. Subscriber is solely responsible for all local and long-distance telephone charges for connecting to the Service. CommPlus shall have no responsibility for any charges or tariffs related to any Subscriber telephone connection or on-line services of any entity accessed by or for Subscriber.

4. Term. This Agreement shall be effective on a calendar month to calendar month basis beginning on the Effective Date and continuing until terminated. This Agreement may be revoked by CommPlus at any time prior to the Effective Date.

5. Termination by CommPlus. CommPlus, at its sole business judgment, may terminate this Agreement immediately or suspend Subscriber's access to the Service upon any breach of this Agreement by Subscriber, including but not limited to, refusal or failure to pay for Service, the use of the Personal Plan for posting "Commercial related World Wide Web pages" or by sole judgment of CommPlus that Subscriber may be performing activities harmful to CommPlus or its other subscribers, employees, vendors, business relationships or any other users of the Internet. CommPlus may terminate this Agreement without cause immediately upon breach of this aggreement.

6. Termination by Subscriber. Subscriber may terminate this Agreement upon: (1) thirty days prior Notice and (2) payment of all subscription fees through the Notice period.

7. Data. Subscriber understands and agrees that the Internet is a conglomeration of networks and servers operated by distinct entities having no business or legal relationship to CommPlus. CommPlus has no input whatsoever as to the content of Internet data accessed via the Service. Subscriber is solely responsible for any value or reliance it places on information obtained via the Internet or the Service. INFORMATION DERIVED AS A RESULT OF THIS AGREEMENT IS PROVIDED "AS IS" AND AT SUBSCRIBER'S OWN RISK.

8. Limited Warranty. CommPlus warrants only that it shall, subject to the terms and conditions of this Agreement, provide Subscriber the Service. COMMPLUS MAKES NO OTHER WARRANTIES AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. COMMPLUS FURTHER DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE INTERNET AND INFORMATION DERIVED THEREFROM.

9. Limitation of Liability. Subscriber specifically agrees that, in no event, shall any liability to CommPlus as a result of this Agreement and the provision of Service hereunder exceed Subscriber's monthly fee of any single month during which any claim deriving liability arose. CommPlus shall have no liability whatsoever for any indirect, special, incidental, consequential or punitive damages of any kind whether under this Agreement or otherwise.

10. Compliance & Indemnification. Subscriber agrees to use the Service in compliance with all applicable laws and to upload and/or download files, if at all, only with the consent of the copyright or patent owner. Subscriber specifically agrees to defend, indemnify, and hold harmless CommPlus, its officers, and employees from any claim, loss, or damage, including costs and reasonable attorney fees, arising out of any act or omission of Subscriber under this Agreement.

11. Law. This Agreement shall be construed under the laws of the State of Wisconsin, Wisconsin courts shall have jurisdiction over this Agreement and the parties, and all litigation hereunder shall, to the extent possible, be in Wisconsin.

12. Notice. Notice shall be in writing and delivered by hand, electronic mail (e-mail), facsimile, or certified mail at the addresses set forth herein. Notice shall be effectively given upon receipt if delivered by hand, e-mail or facsimile, or, if given by certified mail, upon expiration of five days after postmark.

13. Payment Terms. Payment of the selected plan (Personal or Business) is due monthly on the fifteenth day of each calendar month in order for Service to be rendered for the month. In the event the Effective Date occurs mid-month in the first month of Service, then the fee for that month shall be pro-rated. AUTHORIZED CHARGES TO CREDIT CARDS SHALL BE IN MADE, IN ARREARS, ON OR ABOUT THE FIRST DAY OF EVERY MONTH FOR THE TERM OF THIS AGREEMENT UNTIL TERMINATED AS PROVIDED HEREIN. A fee of $15 will be assessed for (1) late payment, (2) payment with insufficient funds, (3) denied or invalid credit card number, or (4) restart of service terminated for non-payment. Payment is late after the fifteenth day of the month. CommPlus may change any fee, rate, or plan upon thirty days Notice.

14. Payment Method. SUBSCRIBER HEREBY AUTHORIZES CHARGES TO BE MADE TO THE IDENTIFIED CREDIT CARD EACH MONTH FOR THE DURATION OF THIS AGREEMENT IN THE AMOUNT OF THE SELECTED SERVICE SET FORTH BELOW OR AS CHANGED BY COMMPLUS AFTER NOTICE TO SUBSCRIBER. Payment is made by check for all dial-up accounts. Subscriber additionally authorizes periodic verification of credit worthiness. CommPlus, in its sole discretion and judgment, may discontinue credit at anytime without notice.

15. Force Majeure. CommPlus shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, Verizon Communications, Inc. and other third party telecommunications providers, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties which are beyond the control and without fault or negligence of CommPlus.

16. Waiver. No waiver by either party of any breach by the other party of any provision of this Agreement shall be deemed or construed to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself.

17. Successors and Assigns. This Agreement is not assignable or delegable in whole or in part by Subscriber without the express written consent of CommPlus. This Agreement shall be binding upon the heirs and successors of the parties hereto, the assigns of CommPlus, and permitted assigns of Subscriber.

18. No Resale. The Service provided hereunder is limited to Subscriber and may not be resold in any manner whatsoever.