ADANET TERMS AND CONDITIONS

ADANET Service Agreement

(Last Updated March 24, 2000)

****Notice****

Effective on the above date, ADANET has revised its Terms and Conditions to clarify how to:

• contact ADANET Customer Care from the World Wide Web, and

• cancel your Service account.

These revisions can be found in the ADANET-quality customer care section. Please read the revised ADANET Service Agreement carefully.

WELCOME!

Thank you for choosing ADANET Service as your gateway to the Internet and enjoying the benefits of the ADANET Service Web Site. We know you're anxious to begin using your Service, but before you do we encourage you to familiarize yourself with our key terms, our responsibilities, and yours. We may revise the agreement, so check this agreement periodically on the ADANET Service Web Site to stay up to date. Your use of the Service will confirm your agreement to these terms and conditions as well as your acceptance of the changes we make to the agreement. Thank you again for relying on ADANET.

Our Responsibilities

We agree to:

• provide members with ADANET-quality customer care;

• take steps to protect members' privacy; and

• inform you of the legal conditions that apply to your use of ADANET Service.

Your Responsibilities

You agree to:

• meet our requirements regarding eligibility, payment, and your e-mail I.D.;
  
• preserve our rights and the rights of others; and

• observe the ABCs of ADANET Netiquette.

KEY TERMS

ADANET Service

The value-added Internet access service known as ADANET Service, including all Software, downloadable materials, and other information that related to ADANET Service; and the ADANET Web Site.

Software

Any Software – ADANET or third party owned – that relates to your use of the Service that enable the Service to function or that we make available to you in connection with the Service.

ADANET/we/our

ADANET, Inc., ADANET Service and all other ADANET business groups and affiliates.

Member

A registered user of ADANET Service identified in the account registration process.

You/your

Any member of other person or entity using the Service or any part of the Service, including , but not limited to, using the ADANET Web Site and the information or features offered in or through the ADANET Web Site.

Third parties who contribute to the Service

ADANET's officers, directors, employees, agents, licensors, suppliers, distributors, and any third-party distributors of the Service of Software or third-party distributors of the Service or Software or third-party information providers to the Service (including any third party sponsoring a Web Site that ADANET by agreement establishes as a default home page for a member or otherwise provides a hyperlink to from the Service).

Stay up to date

To keep you informed of changes to this agreement, we'll notify you by posting the updated form of this agreement on the ADANET Web Site, or by e-mail, by U.S. mail, or by posting a message to some area of the Service.

ADANET-quality customer care

If you are a member and you have any questions, need to resolve problems with your Service, believe someone is using your account improperly, or wish to update the information you gave during registration, you may contact our customer service department (ADANET Customer Care) by:

• Calling (580) 436-0216

• Sending us an e-mail. To help ensure your correspondence gets into the right hands as quickly s possible, and to enable you to send certain inquires even when your ADANET e-mail program isn't working properly, Customer Care has set up a web-based e-mail system that can be accessed at www.adacomp.net.

In addition, you may cancel your Service by calling (580) 436-0216.

While we encourage you to use one of the methods described above to reach us, you may also communicate with us by sending a first class, postage paid letter via courier or U.S. mail to:

ADANET Customer Care

ADANET's Online Privacy Policy

As all ADANET Service member, you give us information about yourself that we use to conduct our daily business with you. With ADANET's Online Privacy Policy we want to assure our members that we keep such customer-identifiable information as confidential as possible. Please click to view ADANET's Online Privacy Policy.

Legal Conditions

There is a wide variety and quantity of information available through the Internet using ADANET Service. While we hope you'll take full advantage of the Internet, please note that we don't have control over most of what's accessible through the Service – in other words, you're responsible for protecting yourself from harmful or inaccurate information.

In the event that a legal dispute arises concerning this agreement, please be aware that these rules apply:

• You must begin any legal proceeding within one year after your claim arises. ALL DISPUTES, CONTROVERSIES OR CLAIMS, WHETHER BASE DIN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE SERVICE ("DISPUTES") SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION, BY A NEUTRAL ARBITRATOR, IN ACCORDANCE WITH THIS AGREEMENT AND THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. The arbitrability of Disputes shall also be determined by the arbitrator,. Each party shall bear its own expenses, except that the prevailing party may recover the filing costs and the expenses of the arbitrator from the other party. Any award of the arbitrator shall be in writing and shall state the reasons for the award. Judgment upon an award may be entered in any Court having competent jurisdiction. The arbitrator shall not have the power to award any damages in excess of the applicable dollar limits set forth in or excluded under the "you're responsible" section of this Agreement. The arbitrator shall not have the power to order pre-hearing discovery of documents or the taking of depositions, but may compel attendance of witnesses and the production of documents at the hearing. The Federal Arbitration Act, 9 U.S.C. Sections 1 to 14, shall govern the interpretation and enforcement of this paragraph. The parties, their representatives and participants and the arbitrator shall hold the existence, content and result of the arbitration in confidence, except to the limited extent necessary to enforce a final settlement agreement or to obtain or enforce a judgment on an arbitration decision and award. Disputes relating to your failure to pay billed charges for use of the Service are exempt from the binding arbitration requirement. The foregoing notwithstanding, this agreement shall not prevent ADANET or a member from seeking and obtaining temporary equitable remedies, including temporary restraining orders, from a court with jurisdiction over the parties and the subject matter. A requests to a court for interim equitable relief shall not be deemed a waiver of the obligation to arbitrate.

• ADANET and each member agrees that ADANET would be irreparably harmed by the use, by members or otherwise, of ADANET's Service or facilities in connection with the transmission of Spam Newsgroup Postings or Unsolicited E-Mails in violation of this Agreement, as defined below, and that ADANET shall be entitled to obtain injunctive relief against such transmission. Such remedy shall not be deemed to be an exclusive remedy, but shall be in addition to all other remedies available at law or in equity. ADANET reserves the right to block, filter or delete Unsolicited E-Mails.

• OKLAHOMA LAW (EXCLUDING ITS CHOICE OF LAW RULES) WILL APPLY TO THE CONSTRUCTION, INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT.

• ADANET and third parties who contribute to the Service may bring claims against you for violations of this agreement.

• The words of this agreement, not the conduct between us or any trade practice, will control what the agreement means.

• Our decision not to enforce a particular provision of this agreement does not mean that we waive the right to enforce it. WE will only waive such a right in writing.

• We reserve the right to cancel this agreement without notice for any reason, at any time – you are entitled to cancel when you notify us beforehand. If we cancel your account or terminate our agreement with you for any reason, you agree not to reregister for the Service without our written permission. You agree that your reregistration for the Service following the suspension or cancellation of your account by ADANET without receiving written permission from ADANET will result in a charge to your account of up to $500 as well as termination of your account.

• We may assign our rights and duties under this agreement to others at any time without notifying you. You may not assign your rights and duties under this agreement to others.

• Provisions concerning the following matters will survive termination of this agreement: legal conditions, payment, and our rights and the rights of others.

Requirements regarding eligibility, payment, and your e-mail I.D.

Eligibility

To become a member, you have to be at least eighteen years old. You must register using your own name. If you use a credit card for payment, you must provide a credit card account number which is issued in your name or which you are authorized to use.

E-mail I.D.

During registration, we'll ask you to enter the name or number you want as your e-mail I.D. If the e-mail I.D. you choose is already in use, or if we cannot accept it for any other reason, we'll ask you to enter another, change it, or give one to you.

Payment

You must pay all charges related to your account and provide all equipment necessary to use your Service.

Please note:

If we change your pricing plan, we'll notify you and allow you to stay with your old plan for at least one more billing cycle.

Our rights and the rights of others

ADANET Service enable you to contribute to and gain from a wealth of materials – some owned by ADANET, others owned by third parties. In order to preserve everyone's rights, you must:

• print and download material from the Service for your own, non-commercial purposes only;

• limit the number of number of copies you make of Service-related materials:

• not alter any aspect of the Service;

• comply with the terms and conditions of third parties who provide you with materials, including Software; and

• not deliberately or accidentally export the Software to countries that the U.S. prohibits export to.

ADANET Service is continuously working to improve service for all of our members through careful and efficient management of its network, especially during the periods of peak demand. In order to assist us in balancing user loads, we reserve the right to manage maximum session length and terminate sessions that exceed the maximum length even if you are actively using your connection. In the event your session has been terminate, you may immediately dial back in to reconnect.

ABCs of ADANET Netiquette

To maintain an informative and valuable service, ADANET has established the ABC's of ADANET Netiquette. While it is not our intent to control your online communication or monitor its content, we may edit or remove content that we become aware of and determine to be harmful, offensive or otherwise in violation of these ABC's. Violation of thee ABC's may also result in the termination or suspension of your account. These ABC's apply to all content provided to or through the Service, including e-mail messages, newsgroup postings, chat, and personal web pages.

Act responsibly

1. Don't use the Service to interfere with others' use of the Service or of the Internet in general, to conduct illegal or abusive activity, or to submit materials that violate the rights of others. Specifically:
   
2. don't send messages, data, images and programs that are libelous, defamatory, obscene, pornographic, threatening, abusive, or hateful;

• don't send materials that contain viruses, worms, or any other destructive elements; and

• don't interfere with or infringe the copyrights, trademarks, logos, service marks, or confidential information of others.

1. You may not use or attempt to use the Service to violate its security or the security of systems accessible through it.
2. You're responsible for the use of your service account. Remember that anyone who has unprotected access to your computer will be able to use your Service account freely. Therefore, you should secure your computer equipment so that only authorized users can gain access to your Service account.

Be fair

1. You understand and acknowledge that the Service is intended for your periodic and legitimately active use. As a consumer oriented dial-up service it is not intended, nor is it designed, to provide an "always on" or "always connected" capability. In order to make the Service available fairly to all our members, we reserve the right to terminate members' sessions after an extended period., In addition, if you leave your Service idle for a period of time we may disconnect you. You may not take action for the purpose of defeating our "idle timeouts" or similar mechanisms. In the event your session has been terminated for any reason, you may immediately dial back in to reconnect.
2. Members may register for multiple ADANET Service accounts. Only one user may be logged into ADANET Service for any single account at any time. In the even that more than one user is logged into an ADANET Service account at any time, ADANET may terminate such account immediately and/or charge the account holder the full Standard price applicable to ADANET Service Member Pricing (without any discount under any ADANET Service offer) for each simultaneous user.
   
3. You may not use your ADANET Service dial-up connection to host a dedicated Internet server site.
   
4. Violation of these fairness principles may result in the termination or suspension of your account.

Be honest

1. You may not resell or otherwise redistribute the Service or profit in any other way be providing access to others.
   
2. Don't allow others outside of your household to use the Service.
3. Unless you're participating in an area of the Service that requires or encourages anonymity, use your real name in online communications.
4. You must abide by the terms and conditions applicable to your use of specific features of the Service that may be published on the ADANET Web Site, as well as terms and conditions applicable to other products or services that are available through the Service.

Communicate, don't inundate

1. Don't post any single message to more than five online forums or newsgroups ("Spam Newsgroup Postings"), and please make sure your message doesn't deviate from the topic or violate the rules of those forums or newsgroups.
2. Don't send: (i) a piece of unsolicited commercial e-mail to any person; or (ii) any other unsolicited e-mail to more than 10 people if such e-mail could reasonably be expected to provoke complaints from its recipients (either shall be "Unsolicited E-Mail"). Don't engage in any of the foregoing activities by using the service of another provider, by channeling such activities through an ADANET Service or ADANET Service account, remailer, or otherwise through an ADANET service, using an ADANET Service or ADANET Service account, as a maildrop for responses or n any way indicating to recipients that an ADANET Service or ADANET Service account, was involved in the transmission of the Unsolicited E-Mail. We reserve the right not to deliver any outbound e-mail, or any posting which violates the above guidelines.

A note on relay spam: Sometimes someone who is not a member of the Service will attempt to relay large numbers of e-mail, in bulk, off of or through one f our servers. We reserve the right to discard that bulk relay e-mail because it is an unauthorized use of our Service. Any e-mail addressed to you in care of the Service that is included may not be delivered to you.

3. Submit promotional materials only in areas of the Service designated for that purpose.
   
4. Don't submit charity requests, petitions for signatures, or any chain mail related materials
   .
5. Don't engage in any of the foregoing acts prohibited by these ABC's using another service provider.

You're Responsible

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND OF YOUR ACCOUNT – ADANET AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE R COST (INCLUDING CONSEQUENTIAL DAMAGES) YOU OR ANYONE ELSE USING YOUR ACCOUNT MIGHT INCUR DUE TO YOUR USE OR INABILITY TO USE THE SERVICE. IF YOU LIVE IN A STATE WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL ADANET'S LIABILITY OR THE LIABILITY OF THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE EXCEED (1) FOR INJURY TO PROPERTY OR PERSON CAUSED BY OUR NEGLIGENCE, THE AMOUNT OF DIRECT DAMAGES TO THE PROPERTY OR PERSON, OR (2) FOR ALL OTHER CLAIMS, ACTIONS OR DAMAGES PERMITTED UNDER THIS AGREEMENT, OUR SERVICE CHARGES DURING THE AFFECTED PERIOD.

ADANET AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE MAKE NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING WARRANTIES F TITLE, NONINFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), REPRESENTATIONS, OR ENDORSEMENTS REGARDING THE SERVICE, THE SOFTWARE, OR ANY THIRD PARTY MATERIAL AVAILABLE THROUGH THE SERVICE. FURTHERMORE, THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS – WE DO NOT WARRANT THAT THEY WILL BE UNINTERRUPTED OR ARE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

FINALLY, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ADANET AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE FROM ANY LOSS, DAMAGE, OR COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT.

Charges related to your account

You agree to pay all fees and other charges incurred on your account, including charges for any purchases made through the Service and any surcharges incurred while using any supplemental services or features for which a surcharge is applicable. You agree to pay all applicable taxes and any access charges relating to the use of the Service through your account, whether imposed on ADANET or directly on you, which will be applied and included in bills issued to you. ADANET shall have the right to terminate or suspend your account for failure to pay your bill in a timely manner. All payments shall be made pursuant to the terms of the pricing and other information relating to the Service, which is available during the registration process, your statement or on the ADANET Web Site and incorporated by reference in this Agreement, including the provision of the billing option you selected. You authorize ADANET to charge any amounts payable by you in connection with your use of the Service automatically to the credit card you provided in the registration process or such credit card number you provide thereafter, subject to the terms and conditions of the agreement between you and your credit card issuer. If you choose to bill your use of ADANET Service to your credit card, your right to use the Service is subject to any limits established by your credit card issuer. ADANET may also make other billing options available. If you elect to take advantage of those billing options, you agree to abide by terms and conditions applicable to those. With respect to the Combined Bill option, payment of all ADANET Service charges is due 20 days after the date of your bill and must be made in U.S. currency. Time is of the essence for payment. Therefore, at our option, interest charges may be added to any past due amounts at the lower of 1.5% per month or the maximum rate allowed by law, prorated for each day payment is past due. Acceptance of late or partial payments (even if marked "Paid in Full") or with other restrictions) shall not waive any of our rights to collect the full amount of your ADANET Service charges. We may assess an additional fee for any check returned for nonpayment. Notice of any disputes must be in writing and received by use within 30 days after you received your bill or you will waive any objection. You agree to reimburse us for reasonably attorney' fees and any other costs associated with collecting delinquent or dishonored payments.

In addition, if you have selected the Combined Bill option, you authorize us to ask consumer reporting agencies or trade references to furnish us with employment and credit information, and you consent to our checking and reporting personal and/or business payment and credit history. WE may require a deposit to establish or maintain Service(s). The deposit will be held as a partial guarantee of payment. It cannot be used by you to pay your bill or delay payment. Unless otherwise required by law, deposits will earn a simple interest rate of six percent annually. WE may require you to increase your deposit at any time to reflect your estimated monthly charges based on actual usage or our reevaluation of your ability to pay. Establishment of a prompt payment record or credit may result in a partial or total refund of the deposit to you or credit to your account. If you default or terminate your registration with the Service, we may, without notice to you, apply any deposit towards payment of charges due. After 90 days following such termination, any remaining deposit or other credit balance in excess of $10 will be returned without interest to you at your last known mailing address.

Owned by ADANET

All aspects of the Service are copyrighted as a collective work under U.S. copyright laws and are owned by ADANET – including ADANET trademarks, service marks and logos.

ADANET also has a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to use in any way any ideas or materials that you submit, to ADANET or the Service.

Owned by third parties

Trademarks, service marks, and logos owned by third parties remain the property of those third parties.

Own

ADANET give you a non-exclusive, non-assignable right and license to use the Service.

Number of copies

Unless you have the express written consent of the copyright owner, you are limited to making on machine readable copy, one backup copy, and one print copy of any ADANET-provided materials available from the Service.

Alter

For example, you may not modify the Software in any way, or change or delete any copyrights, trademarks, service marks and logos on the Service. In addition, you may not reverse assemble, reverse compile or reverse engineer the Software.

Export the Software

The words "export" and "reexport" mean transferring or releasing the Software to another country or to a national of another country.

You certify that you are a U.S. Citizen, U.S. resident alien, or Canadian citizen if you've received or installed:

• Software that carries a label restricting its export outside the U.S. or Canada; or

• Software including the Netscape Navigator browser and a message in the Help/About Netscape box stating that the Software supports "U.S. security."; or

• Any other Software that contains language in or on the Software restricting its export outside of the U.S. or Canada.

If you are not a U.S. citizen, U.S. resident alien, or Canadian citizen and have received this Software, please return it to us.

Please note that the Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of Commercial Computer Software Restricted Rights at 48 CFR 52.227.19, as applicable