SERVICE AGREEMENT

This Service Agreement is intended for Ping Digital Systems dial-up access customers. It defines the terms and conditions of our mutual contract and is legally binding upon continued use of your account.

This agreement (hereinafter referred to as "Agreement") represents the complete understanding between Ping Digital Systems, an independent Internet Service Provider (hereinafter referred to as "Ping"), and the account holder (hereinafter referred to as "Client") and supersedes any other written or oral agreement. Upon notice published on the Internet, on this page (http://www.pingdata.com/agree.html), Ping may modify this Agreement, amplify any terms and conditions, and/or modify the prices, as well as discontinue or change services offered. The contents of this written Agreement are superseded by any revisions posted on the Internet at the aforementioned location. If Client does not agree to the terms and conditions included within this Agreement, Client is responsible for notifying Ping at (818) 968-1480 during normal office hours for termination of the account. Failure to notify Ping shall constitute Client´s approval.

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1. ACCEPTANCE.
By the use of a Ping account, the Client accepts the terms and conditions set forth in this Agreement.

2. DEFINITION OF SERVICE. Client desires to gain access to the Internet and its related tools, including but not limited to the World Wide Web, electronic mail, and newsgroup information. Ping, as an Internet Service Provider, agrees to provide access to such services through dial-up admittance to the Ping Internet point of presence.

3. USE OF SERVICES.
(A) LAWFUL USE. Ping Internet connections and all other services provided to Client by Ping may only be used for lawful purposes. Storage and/or transmission of any information, data or material in violation of any local, state, Federal or international regulation(s) is strictly prohibited. This includes, but is not limited to, copyrighted material, threatening or obscene material, or material protected by trade secret. Use of this account to violate the security of any computer network, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Client will abide by all the rules, regulations and policies of networks and computer systems accessed via this account. If Client is unsure of those policies, it is Client´s responsibility to ascertain said policies. Client agrees to indemnify and hold Ping harmless from any claims resulting from Client´s use of Ping services which damages Client or any third party. Ping or other relevant authorities may determine inappropriate usage of this service and the service may be revoked at Ping´s discretion.

(B) ETHICAL USE. Ping´s services should not be used to send unsolicited advertising or promotional materials to other network users. Ping does not permit users to run Maillist, Listserv or any form of auto-responder from shell accounts. Processes that run or are activated while the user is not logged in are strictly prohibited. Ping reserves the right to suspend access to services for the account in question pending further clarification of the wrongdoing. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution.

4. CLIENT RESTRICTIONS. All individuals accessing Ping represent to Ping that they are 18 years of age or older. Certain material available on the Internet may not be suitable for individuals under the age of 18. Client understands further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your own risk. Ping has no control over and accepts no responsibility whatsoever for such materials.

5. INFORMATION CONFIDENTIALITY. Although Ping endeavors to provide a safe environment for transmitting and storing Internet data, information transmitted the Internet in general is not confidential. Therefore, Ping cannot and will not guarantee privacy or guarantee protection of any user. However, Ping will not disclose any information about any Client unless required by court order, subpoena or other legal request, or upon the advice of counsel.

6. MERCHANTABILITY OF SERVICE. Ping exercises no control over the content of the information passing through it. Use of any information obtained via Ping is at Client´s own risk. Neither Ping nor any of its licensers, employees or agents warrants that the service will be uninterrupted or error free; nor does Ping or its licensers, employees or agents make any warranty as to the results to be obtained from use of the service. The service is provided on an "AS IS"; basis without warranties of any kind, either express or implied including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or use. Furthermore, while Ping may provide services allowing financial transactions between Client and Client´s customers, Ping is not responsible for any form of transaction between Client and Client´s customers.

7. LIMITATION OF LIABILITY.
(A) GENERAL LIABILITY. Ping is not responsible for its obligations under this agreement in the event of war, riots, strikes, accidents, acts of God, or acts of its vendors, providers or suppliers, including but not limited to their bankruptcy or insolvency. Ping will attempt to notify Client in the event of any of the foregoing circumstances. If said occurrences continue for more than 30 days, Ping or Client my cancel service for the affected period with no further liability.

(B) CONSEQUENTIAL LIABILITY. Client agrees to indemnify and hold without harm Ping, its officers, employees, agents, directors, shareholders and other Clients from any and all claims, damages, expenses (including attorney´s fees) and liabilities resulting from any and all use of the Client´s account whether authorized or unauthorized. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use by Ping, whether for negligence, or under any other cause of action.

(C) TERM OF LIABILITY. Any claim or legal action arising out of failure or defects in Ping services arising from this contract shall be brought within a period of two years following the occurrence of said claim, and shall be deemed waived otherwise. Ping´s liability to Client, if any, shall in no event exceed the total amount Client paid to Ping. Client acknowledges that this paragraph substantially limits Ping´s liability and understands and expressly agrees to such limitation.

8. ACCOUNT TRANSFERENCE. The right to use Ping is nontransferable. Accounts are for Client´s use only. Client is responsible for the confidentiality of passwords. Loaning an account to other users, connecting a system used by multiple persons, group use of user logins, and consuming more than one modem line are explicitly prohibited. If Client has multiple accounts, then Client is limited to one login session per system account at any time. Violation of this policy will be dealt with as theft of service and may be prosecuted under civil and criminal law.

9. FINANCIAL CONDITIONS.
(A) MONTHLY FEES. The Client is responsible for any and all fixed and accumulative charges for this account. The first month service fee is due upon account setup. Each month (or other billing period agreed upon in writing by both Ping and Client) the account will be charged the monthly access and any other fees for the new month plus any accumulated charges for the past month. Failure to use this account does not relieve the user of payment obligations.

(A) PAYMENT BY CREDIT CARD. Credit Card customers agree to allow Ping to bill such card on each successive billing date without obtaining the user´s permission after the initial charge. Credit Card customers shall notify Ping of any changes in Credit Card Number or expiration date. If the card is not honored for any reason Ping will attempt to contact user via telephone, e-mail, and/or U.S. Postal service within five (5) days. If the card is still not honored on the fifth (5) day the customers´ account will be suspended for ten (10) days pending payment. If no payment has been received within ten (10) days of deactivating the account, the account will be terminated. Re-establishing the account will be subject to a reconnection fee.

(B) PAYMENT BY CHECK. If payment is by check, fees are due on the first (1) of each month. Dishonored checks are subject to a collection fee of $25.00 and possible account suspension until the account is current. If payment is not received within five (5) days of the due date, service will be suspended for a period of ten (10) days pending receipt of payment. If payment is not received within the ten (10) day period, the service will be terminated. A re-connection fee of $25.00 will be added to charges for further services.

(C) FEE DELINQUENCY. Monthly service fees are due on the first (1) of each month and are considered delinquent on the fifth (5) day of each month. Ping has the right to terminate service for any unpaid or partial paid subscriptions. Accounts in default are subject to an interest charge of 2% per month on the outstanding balance. Termination of service shall not relieve the user from the obligation to satisfy outstanding invoices. In the event Ping utilizes an attorney to collect such sums, the user shall be responsible for the payment of all of attorneys´ fees and costs in pursuing the collection of these sums.

(D) SERVICE CANCELLATION. Ping reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the user on a pro-rata basis. The user must notify Ping in writing, e-mail or telephone call to our billing department to cancel service. Fees for any setup and the first month´s service are not refundable.

10. GOVERNANCE AND SEVERABILITY. This Agreement shall be governed under laws of the state of California. The invalidity of any provision of this Agreement as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. Ping´s failure to insist upon or enforce strict performance of this Agreement shall not be construed as a waiver of any provision or right.

Voice: (626) 968-1217 Fax: (626) 336-4868 Email: info@pingdata.net URL: http://www.pingdata.com