2Interactive, LLC ISP Internet Access Agreement

2interactive, LLC,

PO Box 3937, Chico, Ca 95927

Office; 430 West 7th Street Chico, Ca 95928

Phone 530-343-6777

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, Client will AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF Client DOES NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, Client will MAY NOT ACCESS OR USE THE SERVICE.

In the document below "2Interactive , LLC and all its child companies including all subsidiaries." are defined as "2interactive".

2interactive may make amendments or modifications to this document at any time. 2interactive will not notify client of changes to this agreement and it is the clients responsibility to review it for changes from time to time. For the clients convenience, this document will be available on the web at http:/www.chiconet.com/tos/index.html.

These terms and conditions will constitute a binding contract between the client and 2Interactive. By using any of 2Interactive's services, client agrees that use of the 2Interactive's services constitutes agreement to abide by these following terms and conditions and agreement on the part of the client to be bound by the terms herein.

1. Description of Services

2interactive is an ISP (internet service provider). 2Interactive's services will provide Client will with: (1) unlimited connectivity to the Internet; (2) no cancellation fees; and (3) free client technical phone support.

Client understands the Internet is not owned, operated, or managed by, or in any way affiliated with 2Interactive or any of 2Interactive affiliates. The Internet is an international computer network of both Federal and non-Federal inter-operable packet switched data networks. 2Interactive cannot and will not guarantee that the 2Interactive's services will provide Internet access that is sufficient to meet Clients needs. Client understands that clients use of the 2Interactive's services and the Internet is solely at Clients own risk and is subject to all applicable local, state, national and international laws and regulations.

Client will agree that 2Interactive retains the right, but not the obligation, to restrict or terminate 2Interactive's services to the client at any time If 2Interactive, in its sole discretion, determines that Client is in violation of this agreement. Client will agree that, if 2Interactive determines that Client is in violation of this agreement, any restriction or termination of 2Interactive's services will be effective immediately, without prior notice. Client will agree that 2Interactive will have no liability to Client will for any restriction or termination of Client will 2Interactive's services pursuant to such violation.

Client agrees to follow the rules in the 2Interactive Online Policies. If there are any conflicts between this document and the 2Interactive Online Policies, this document will take precedence.

Client will agree that if 2Interactive terminates Clients account as a result of Client violation of 2Interactive Online Policies or this agreement, Client will forfeit any right to a refund of any prepaid account charges, such forfeiture being agreed by Client and 2Interactive as liquidated damages and not as a penalty.

If client cancels their account with 2Interactive, client will not receive a refund of any prepaid service.

Client will are responsible for verifying that the phone number they are calling to access the Internet through 2Interactive is a local access number which clients computer is dialing. Any telephone charges associated with client access to the Internet through 2Interactive are solely Clients responsibility. 2Interactive DOES NOT REIMBURSE OR PAY ANY TELEPHONE CHARGES FOR ANY REASON.

During times of Declared States of Emergencies and Mandatory Evacuations, the 2Interactive's services may not be operational. Tech Support via e-mail and telephone may not be available during these time.

2interactive is a web presence provider allowing Client's web site to be accessed via Client's domain name (i.e. theirname.com) by anyone with access to a web browser connected to the Internet. 2interactive provides the disk space in which the files composing Client's web site reside and a connection capable of transmitting said files to End client. Said services are often referred to as "Web Hosting."

2interactive handles the registration process for Client's requested domain name. 2interactive in no way holds any responsibility for payment of fees required by Inter NIC for Client's domain name. Client agrees to pay all charges requested by Inter NIC who will bill client separately without any contact with 2interactive .

2. Authorization of Charges

Client authorizes 2interactive to charge credit card supplied by client and to bill the client for service until service is terminated as stated herein. Client agrees to pay any and all fees associated with service.

When client requests that they be charged annually, client understands at the end of the 12 months of service that their account will automatically renew for another year unless client cancels service within 30 days of the account renewal and they are liable for the full amount for another 12 months of service even if they do not use the service or have not been using the service. The only exception to this is customers who are in active duty in the US Armed forces who are deployed during the year and cannot use their service, in which case the remaining time on their account will be suspended until such a time as they return and can again use the service. There will be no charge for temporarily suspending an account in this way.

If verification of Client's supplied credit card information fails requested charge by 2interactive for initial annual fees or for any of the annual fees thereafter 2INTERACTIVE, LLC reserves the right to refuse, suspend, or cancel service pending As a receipt of valid credit card information from Client. Client agrees to notify 2interactive of any changes to Client's credit card information. Current Account Charges, including billing methods, rates, and surcharges for using the 2Interactive's services, may be obtained by calling 2Interactive client Service at 530-343-6777 during normal business hours.

Client will agree that 2Interactive may: (1) revise the terms and conditions of this Agreement; (2) revise its billing rates and account surcharges, and; (3) 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 2Interactive terms of service page (http://www.chiconet.com.com/tos), or on notification to Client will by e-mail or United States mail.

Client will agree to review this agreement periodically to be aware of any such revisions. If any revision to this agreement is unacceptable to Client, Client may terminate this agreement at any time by providing 2Interactive with written notice by United States mail (PO Box 3937, Chico, Ca 95927-3937). Or by calling 530-343-6777. Notice of Client termination will be effective on receipt by 2Interactive.

Client will agree that, by continuing to use the 2Interactive's services following notice of any revision to the Agreement, Client will accept any such revisions and agree to abide by any such revisions.

Any balance past due more than thirty (30) days may be billed a late fee of 10% each month. Accounts sixty (60) days past due will be suspended, subject to a $10 reactivation fee and may require a credit card be kept on file.

Any account suspended will forfeit any rights to any refunds and may be sent to a third party collections agency.

Payments for Clients with hard copy billing are due on the 15th of the month regardless of the date the bill is sent. Hard copy bills are a courtesy only. Clients may call 530-343-6777 to find their current balance. 2Interactive may charge a fee to send hard copy bills. Sending of invoices by e-mail will carry no fees and is the standard billing method.

Client will agree to be liable for any and all charges related to collections or attorneys fees for overdue, late, and unpaid accounts. Client will also agree to pay 2Interactive at a rate of $45 per hour for time spent collecting on overdue, late, and unpaid accounts.

Client agrees to provide 2Interactive with accurate, complete, and updated registration information. If Client does not provide 2Interactive with accurate registration information, Client is not authorized to use the 2Interactive's services and Clients account may be terminated immediately.

2. Client agrees that by using the 2Interactive's services client represents client is at least eighteen years old and that client is able to legally enter into this agreement.

3. Content Restrictions

All services provided by 2interactive may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States federal, state, or local law is strictly prohibited. This includes but is not limited to copyrighted or trademarked material and material protected by trade secret.

Pornography, nudity, and sex-related merchandising are prohibited. This includes sites that may infer sexual content; links to such adult content elsewhere are also prohibited.

Sites that promote any illegal activity, such as Warez sites, are discouraged but not prohibited; links to such materials are discouraged but are allowed. Actual files, including but not limited to pirated software, hacker programs, cracks, and MP3 files, are strictly prohibited from being stored on 2INTERACTIVE, LLC servers.

Examples of unacceptable content include the following: Adult sites, Pirated software, Hacker programs or archives, MP3 files or archives.

2interactive reserves the right to remove any material from Client's web space that is deemed unacceptable by us. 2interactive reserves the right to terminate Client's account without refund at our discretion if said material is discovered. 2interactive is the sole arbiter as to what constitutes a violation of the above provisions.

Although 2interactive advertises "Unlimited Bandwidth" in regards to some of its services there are several limitations applied. The sole purpose of these limitations are intended of unnecessary use of 2interactive. services by any such client, which restricts system availability for other such clients. These limitations apply only to Hosting offered by 2interactive.

As a matter of policy, 2Interactive does not pre-screen Content placed on 2Interactive servers by any of its subscribers. 2Interactive does not have the practical ability to monitor, review, or restrict, prior to its transmission, Content on 2Interactive servers which may violate this Agreement or 2Interactive Online Policies. In addition, 2Interactive cannot ensure the prompt editing or removal of any Content which may violate this Agreement or 2Interactive Online Policies after such Content has been posted on 2Interactive servers.

The Internet provides access to individuals who are not 2Interactive subscribers. 2Interactive 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.

Please be advised that, despite 2Interactive efforts, client may receive content which client will consider to be inaccurate, defamatory, or otherwise offensive from the Internet. Client will agree that 2Interactive will not be liable for any action or inaction with respect to any content posted on or through the 2Interactive's services and the Internet.

Information transmitted through 2interactive and through the Internet in general is not confidential. 2interactive can not and shall not guarantee privacy or protection of any client. 2interactive reserves the right to monitor any client's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of 2interactive.

4. CGI Application Restrictions

The Client is allowed to freely install CGI applications; however, 2interactive reserves the right to disable any application that unreasonably effects or interferes with normal server operations. Said situation is highly unlikely.


5. Spam Policy

2interactive servers may not be the source, intermediary, or destination address involved in the transmission of Spam, flames, or mail bombs. Client's domain or IP may not be referenced as originator, intermediary, or reply-to address in any of the above.

2interactive considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail.

The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without refund of any kind. Furthermore, a fine of one-hundred (100) US dollars will be imposed for each spam policy violation. 2interactive is the sole arbiter as to what constitutes a violation of the above provisions.

2Interactive, 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.

6. Server Abuse

Any attempt to undermine or cause harm to a 2interactive server or another 2interactive Client is strictly prohibited.

Any attempt to undermine any 2interactive web site or a web site of another 2interactive Client is strictly prohibited and may result in immediate termination of services rendered by 2interactive without refund. 2interactive is the sole arbiter as to what constitutes a violation of the above provisions.

Client agrees that 2Interactive has the right, but not the obligation, to remove Content from 2Interactive computer servers which 2Interactive, in its sole discretion, determines to be in violation of this Agreement or 2Interactive Online Policies.

7. Indemnification

Client agrees that it will defend, indemnify, and hold harmless 2interactive from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against 2interactive , its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.

Notwithstanding anything to the contrary herein contained, client agrees to indemnify and hold 2interactive, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by 2interactive, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of client's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by client, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. client shall promptly notify 2interactive. in writing of any claim of which it is obligated under this indemnity. client shall have the right to assume the defense of any such claim. client and 2interactive. shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

2interactive. has no obligation to monitor the Service. However, client agrees that 2interactive. has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. 2interactive will not intentionally monitor or disclose any private E-mail message unless required by law. 2interactive reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. 2interactive reserves the right to suspend access to the Service for client's account. The account's suspension may be rescinded within the sole and absolute discretion of 2interactive following payment of a reconnection charge, to be determined by 2interactive in its sole and absolute discretion.

The Client agrees that it will defend, indemnify, and hold harmless 2interactive against any liabilities, including but not limited to, those arising out of (1) any injury to person or property caused by any product sold or service rendered or otherwise distributed in connection with 2interactive 's servers; (2) any material supplied by the Client infringing upon or allegedly infringing upon the proprietary rights of a third party; (3) copyright infringement; and (4) any defective products sold to the Client's client from 2interactive 's servers.

2interactive assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.

Client agrees that it will defend, indemnify, and hold harmless 2interactive from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against 2interactive , its employees, officers, agents, and directors that may arise or result from any loss of data including websites, email or information. Client agrees 2interactive will not be responsible in any way for making copies or backups of any data.

2interactive does not and will not perform system backups on any client's E-mail account(s). 2interactive. shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, 2interactive. will not provide historical data, to any party for any reason, regarding any system or Internet activity.

2interactive. does not and will not perform system backups on any web sites. 2interactive. shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, 2interactive. will not provide historical data, to any party for any reason, regarding any system or Internet activity.

2Interactive 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; (5) loss or liability resulting from data non-delivery or data mis-delivery; (6) any other loss or liability resulting from the negligent acts and/or omissions of 2Interactive or 2Interactive 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 2Interactive's services, and; (8) loss or liability resulting from acts of God.

8. Disclaimer

2interactive will not be held responsible for any damages Client will or Client business may suffer. 2interactive makes no warranties of any kind, expressed or implied, for services rendered. 2interactive disclaims any warranty or merchantability or fitness for a particular purpose. 2interactive assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure. 2interactive will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from 2interactive .

2interactive makes no warranties of any kind, expressed or implied, for the storage of the clients data. 2Interactive has the right, but not the obligation, to delete all program, data, email or other files on 2Interactive computer servers that are associated with client at any time for any reason without notice.

If client is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of 2interactive. in operating the Service, client's sole and exclusive remedy is to discontinue using the Service.

9. Term

The term of this Agreement will continue until a notice of cancellation by 2interactive or Client is given, or until terminated under other provisions of this Agreement. 2interactive reserves the right to terminate this Agreement without cause upon notification to the Client. 2interactive may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by 2interactive to implement this Agreement is disrupted or terminated for any reason.

Client must notify 2INTERACTIVE , LLC. 30 days prior to their renewal date to cancel service. Fees for any setup, shipping and handling, and monthly service charges placed by 2INTERACTIVE are non-refundable.

If client is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of 2interactive in operating the Service, client's sole and exclusive remedy is to discontinue using the Service.

10. Presumption of Agreement

By signing up with 2interactive , be it using 22interactive 's online sign up form or contacting in any way an employee, officer, agent, and director with request for 2interactive to provide Client services, Client (1) authorizes 2interactive to take the actions necessary in order to setup Client's account, including charging credit card supplied by Client at time of sign up; and (2) agrees to each and every provision set forth in this Agreement and shall hold to said Agreement in the court of law.

11. Default

In the event Client defaults in any provision or fails to perform pursuant to this Agreement, 2interactive will be entitled to damages, costs, and attorney's fees from the Client.

12. Invalid or Non-enforceable Provisions

The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, will not affect the other provisions hereof, and in any such occasion this Agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted.

13. Choice of Law / Venue

This Agreement will be construed and enforced in accordance with the laws of the State of California and the venue for any action, dispute or proceeding with respect to this Agreement will be in California at the sole discretion of 2interactive.

14. Limitation of Dial-Up Services

Although 2interactive advertises "Unlimited Access" in regards to some of it's Dial-Up services, there are several limitations applied. The sole purpose of these limitations are intended to limit the amount of unnecessary use of 2interactive services by any such client, which restricts overall 2interactive system availability for other such clients. These limitations apply only to Dial-Up access services offered by 2interactive 150 hours maximum per account per month aggregate usage applies.

Client understands they cannot log back onto the 2interactive system for a time period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session's termination.

Client agrees to maintain no more than one (1) concurrent online session for each PPP account purchased.

Clients that are connected more than 15 hours per day are considered dedicated. This service is not intended for dedicated use, and clients who are dedicated may be subject to cancellation and termination without notice. There will be NO refunds given under any circumstances.

2interactive reserves the right to change prices at any time without prior notice to it's Clients or the public. Price changes will not be retroactive for existing Clients, regardless of the length of their existing service subscription.

2interactive reserves the right to cancel Service for any reason without prior notice. Pre-paid service is non-refundable.

The right to use the Service is not transferable. Accounts are for client's use only. client shall be responsible for the confidentiality of client's password. Loaning client's account to others, connecting a system used by multiple persons, group use of client log-ins, and consuming more than one modem line are explicitly prohibited. If client has multiple accounts, then client shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

If client wishes to make purchases on the Service, client may be asked by the merchant or information or service provider from whom client is making the purchase to supply certain information, including credit card or other payment mechanism information. client agrees that all information client may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current.

The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. client agrees to pay all charges incurred by clients of client's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. client shall also be responsible for paying any applicable taxes relating to purchases on the Service.

Failure to Comply With Terms and Conditions 2interactive may deny client access to all or part of the Service without notice if client engages in any conduct or activities that 2interactive in its sole discretion believes violates any of the terms and conditions in this Agreement. If 2interactive denies client access to the Service because of such a violation, client shall not have the right (1) to access through 2interactive any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to client, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through 2interactive and 2interactive shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

Client agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes). client also agrees to not remain connected to 2interactive Online's system for periods exceeding (5) five hours, in any single continuous session. client authorizes 2interactive Online to enforce these restrictions by appropriate software and network measures, automated and manual.

Client agrees to notify 2interactive if client moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms client supplies to 2interactive Online.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

2interactive's failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming 2interactive. as the defendant, shall be proper only in a venue determined by 2interactive.

In any action between 2interactive. and client to enforce any of the terms of this Agreement, 2interactive. shall be entitled to recover expenses, including attorney's fees and a rate of 50$ per hour for each hour a 2interactive representative has to spend preparing for, traveling to or taking part in litigation.

This Agreement constitutes the entire agreement between client and 2interactive. with respect to the Service.