Service Agreement with MWSI

• Provision of Services. I understand and agree that, subject to the terms and conditions of the Agreement, MWSI shall provide me with certain Internet access and web site hosting services. I understand and agree that I am fully responsible for the use of such services by me or by anyone whom I permit to use my account, and that MWSI reserves the right to terminate my account at any time, for any reason.
  
   
• Payment Obligations.

  If I have given my credit card number to MWSI, I understand that charges will be billed to my credit card each month for the basic service and any additional usage. I authorize this automatic billing by MWSI. MWSI’s  billing cycle runs from the first of one month to the first of the next month, with the basic service fee for each month charged and due at the beginning of my billing cycle along with additional usage fees from the previous billing cycle. I understand that all charges are considered valid unless disputed in writing within thirty days of invoice date. I understand and agree that MWSI shall not be responsible for any charges or expenses that I may incur resulting from overdrawing my bank account or exceeding my credit card limit as a result of an automatic charge generated by MWSI pursuant to this authority.   If I have elected to pay for my service through check, I understand that I will receive a bill statement every month, unless otherwise stated by an accreted MWSI employee. I understand that my fee and any past accumulated fee that is shown on the bill statement is due by the payment date on the bill statement.  Any failure to pay by the stated date on the bill statement will result in a late fee penalty, which is stated on the bill statement.      If I have elected to pay for my basic service through a prepayment plan, I understand that the automatic billing described in paragraph (a) and check payment described in paragraph (b) shall only apply to the services, charges, and expenses that are not paid for through the prepayment plan.

• My Obligations. I understand that I am responsible for determining whether a MWSI phone number is within my local calling area, and that I am responsible for any long distance charges I may incur in connecting to MWSI. If I am using one of MWSI’s unlimited plans, I agree not to provide any public information services over this connection, not to use any automatic method to avoid inactivity disconnect, and to keep the connection active only when I am actively using it. I understand that I may cancel my account at any time effective the end of that billing cycle. I understand that MWSI may change its prices from time to time and any such changes will be reflected in my billing statements. 
  
   
• Appropriate Use of Services. I agree to maintain my password as private and confidential information. I agree to use my MWSI account in a way that conforms with all applicable laws and regulations. I specifically agree not to make any attempt to gain unauthorized access to any systems or networks. I agree that I will not use the MWSI services (including any web site I establish on MWSI’s server) or the MWSI web site to publish, post, distribute or disseminate another’s proprietary information, including trademarks or copyrighted information, without express authorization of the rights holder. I understand and agree that MWSI reserves the right to immediately remove (with or without terminating my account) from my account or any web site I establish on MWSI’s server any material or information which infringes another’s property rights.
  
   
• Security. I understand that the information available through MWSI or interconnecting networks may not be accurate, including the content displayed on the MWSI Desktop. I understand that some of the information available through MWSI or interconnecting networks may be intended for adult audiences. I understand that internetworking communications are not secure, and may be subject to interception or loss. Micro Wise Solutions, Inc. makes no warranties of any kind, whether expressed, implied, or statutory concerning the data or information available through the MWSI network.
  
   
• Warranty Disclaimer. I understand that the use of my MWSI account, and any data of information accessed using that account, will be completely at my own risk. I understand that the cumulative liability of MWSI for any and all claims relating to the services provided by MWSI, in contract, tort, or otherwise, shall not exceed that total amount of the basic service fees paid to MWSI for services within the prior year. I agree that MWSI shall have no liability for any consequential, indirect, special or incidental damages regardless of the success or effectiveness of other remedies.
  
   
• Indemnification. I agree to defend, indemnify and hold MWSI and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or arising from , any violation of this agreement by me or those who access the services through my account, or the use of the services or the Internet and the placement or transmission of any message, information, software, audio files or other materials on the Internet by me or by those who have access to the services through my account.
  
   
• Termination. I understand that MWSI reserves the right to terminate my account at any time, for any reason, including, but not limited to, my failure to abide by the terms of this agreement or my failure to pay any fees or charges when due. If my account is inactivated, I may be required to pay reconnect charges and a prepaid deposit in order to re-activate my account. If my account includes space on MWSI’s server, anything stored in this space will be deleted upon inactivation. I understand that violation of certain generally accepted guidelines on Internet usage, such as restrictions on mass e-mailings and mass advertising, or posting to inappropriate newsgroups, may cause severe operating difficulties for MWSI, and would be a likely cause for termination of my account. More detail of violations can be found in the MWSI Policy on Appropriate Use. I agree to abide at all times by MWSI’s then-current Policy on Appropriate Use  and by any other policies posted on the MWSI web site.
  
   
• Law and Jurisdiction. I understand and agree the laws of the State of Tennessee govern these Terms of Service and my MWSI account. I expressly agree that exclusive jurisdiction for any claim or dispute with MWSI or relating in any way to my account or my use of MWSI resides in the courts of Tennessee. I further agree and expressly consent to the exercise of personal jurisdiction in the courts of Tennessee in connection with any such dispute, including any claim involving MWSI or its affiliates, subsidiaries, employees, contractors, officers, or directors.
  
   
• Complete Agreement: Amendments. This agreement represents the complete agreement between Micro Wise Solutions, Inc. and myself with respect to the subject matter of this Agreement, and supersedes any other written or oral agreement. I understand and agree that MWSI may amend or modify this agreement or impose new conditions at any time. Any use of MWSI’s services shall be deemed to constitute acceptance by me of the then-current service agreement (including any amendments, modifications or new conditions) as published and made available via a link on the MWSI home page at http://www.mwsi.net/ .