NC Freedom Internet Service Agreement

By using our service you agree to the following policies:

Setup Fee and Service Fee. The monthly subscription rate and initial charges under this Subscription Agreement for Provider's Internet access services shall be set on the application and is herein incorporated by reference as a part of this agreement. Payment of said monthly service fee is due on the first day of the month, or on a date for which notice is given. Monthly service is not prorated; therefore, partial months will be billed at the full monthly rate.

Fee Adjustment. With a 30-day notice, NC Freedom Internet Services can increase, modify or change the monthly service fee or conditions associated with that fee.

Default and Remedies. Payments not received within 30 days of the bill date will be considered delinquent and a $10 late fee will be applied. Accounts over 90 days will be subject to reasonable collection fees, legal fees, and interest accrued at 1.5% per month, or state legal limit, whichever is lower. Delinquent accounts are subject to termination at any time by Provider without notice. Returned checks are subject to a charge of $25.00 per occurrence.

Termination and Notice. Internet access and other services provided by Provider can be terminated any time by either Provider or Subscriber upon 30 days written notice or otherwise as provided for herein. Notice by Subscriber shall be sent by depositing it in the US mail to NC Freedom Internet Services, P.O. Box 196, Jacksonville NC 28541 or such address as provided. Provider upon receipt of Subscriber's notice will send confirmation notice of request for cancellation. Subscriber should not consider account cancelled until receipt of confirmation is received. Subscriber will consider notice by the Provider adequate if mailed to the last known mailing address listed with Provider. It is the responsibility of the Subscriber to keep Provider informed of its current mailing address.

Subscriber's Privacy. NC Freedom Internet Services does not disclose any personal information given by subscriber to any outside party without written consent from subscriber, however subscriber understands that if past due amounts are not paid, subscriber information will be turned over to a collection agency for collection purpose only.

Deletion of Data upon Termination. Subscriber agrees that Provider has the right to delete all data, files, or other information that is stored in Subscriber's account if Subscriber's account with Provider is terminated for any reason, either by Provider or Subscriber.

Suspension of Service. Provider shall have the right to suspend service to Subscriber at any time, and for any reason, without notice. If such suspension is to last more than five days, Subscriber will be notified as to the reason. Possible reasons warranting suspension of service include, but not limited to, acts of God and down time to upgrade lines.

Assignment. Internet access accounts cannot be transferred, assigned or used by anyone other than Subscriber. Account sharing is strictly prohibited. No more that one log-in session or show other activity in violation of this Section are subject to immediate termination. Provider does make routine audits of system logs.

Lawful Use Required. Internet access and all other services provided to Subscriber by Provider may only be used for lawful purposes. Transmission or storage of any information, data or material in violation of any federal, state or local regulation or law is strictly prohibited. This includes, but not limited to, materials protected by copyright or trademark as well as threatening material or obscene material, as defined by law. In addition advertising may not be "broadcast" or otherwise sent on an intrusive basis to any user of Provider's network or any directly or indirectly attached network. However, when requested by a user of the networks, product information and other commercial messages are permitted to be transmitted over the network.

Rules and Regulations. Subscriber is responsible for adherence to any rules and regulations pertaining to the communication method by which Subscriber connects it's terminal or computer to the Internet access or any other service provided by the Provider.

Indemnification. Subscriber agrees to indemnify and hold harmless Provider from any claims resulting from Subscriber's use of the service, which damages either Subscriber or another party or parties.

Age of Subscriber. Unless a lawful business entity, Subscriber certifies that he or she is at least 18 years of age, or is not 18 years of age, and has the permission of a parent or legal guarding to enter into this Subscription Agreement.

Parental Guaranty. If Subscriber is under 18 years of age, then a parent or legal guardian is required to cosign this Subscription Agreement. Such parent or legal guardian personally guarantees performance of the terms and conditions of this Subscription Agreement.

Limited Warranty. Subscribers contracting with Provider to produce advertising pages have five(5) days to review published pages and accept the product. No other warranty is expressed or implied regarding any services provided by Provider, including without limitation, information services or products provided through, in connection with or located on the computer systems of Provider, or Internet. Furthermore, Provider hereby expressly disclaims any warranties, which would result in liability based on "lack of traffic" for information stored on Provider's servers.

No Consequential Damages. In no event shall Provider or its suppliers be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruptions, loss of business information, or other pecuniary loss) arising out of the use or the inability to use Provider's services.

Liquidated Damages. Provider's liability in all claims, including without limitation, any claims for damages caused or allegedly caused by any failure of performance, deletion, defect, delay in operation of transmission, communication line failure, theft or destruction of or unauthorized access to, alteration of or use of records, whether for breach of contract, negligence or under any cause of action, shall be limited to the amount paid by or on behalf of Subscriber to Provider for the current month. This amount is hereby deemed by the parties hereto to be a reasonable estimate of the damages which would be caused by a breech by the Provider, such actual damages which the parties might reasonable anticipate being difficult to ascertain because of their indefiniteness and uncertainty.

Headings. Section headings used herein are for convenience of reference only and shall not be deemed to be a part of this Subscription Agreement for any purpose whatsoever.

Entire Understanding. This Subscription Agreement constitutes the entire understanding between the parties. It may not be modified orally or in any other manner except by agreement in writing signed by the parties hereto.

Applicable. This Subscription Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina.

Servability. The provision hereof are independent covenants and should any provision or provisions contained in this Subscription Agreement be declared by a court or other tribunal of competent jurisdiction to be void, unenforceable, or illegal, than such provisions shall be severable and the remaining provisions hereof shall remain at Provider's option in full force and effect.

Waiver. No failure by Provider to exercise any rights hereunder to which it may be entitled shall be deemed a waiver of Provider's rights to subsequently exercise same. Subscriber shall gain no rights or become vested with any power to remain in default under the terms hereof by virtue of Provider's failure to timely assert it's rights.

Binding Agreement. The terms hereof shall be binding on Provider and Subscriber, their heirs, successors, and assigns.

Duplicate Originals. The Subscription Agreement can be signed in two separate counterparts, each of which shall be deemed a duplicate original, one to be kept by Provider and on to be kept by Subscriber. Individual NC Freedom Internet Services Subscriber Representative Additional Date: Guarantor: (Only if subscriber is less than 18) Revised 10/12/00