Customer Service Agreement

GeoWeb Dot Net Customer Service Agreement

1. GEOWEB DOT NET INTERNET SERVICES. GeoWebDot Net Internet Services ("GEOWEB") is a name for an Internet access service provided by Geoweb LLC ("GEOWEB") of Summersville, West Virginia. The GEOWEB service is available to an authorized customer through a personal account, accessible through a personal computer and a communications connection (e.g. modem, telephone line).

2. AGREEMENT. Please read this document carefully. It along with future amendments and the Policies and Procedures comprises the contract between GEOWEB and the Customer. GEOWEB may revise this Agreement and the Policies and Procedures at any time, and such revision shall be effective immediately. The Customer agrees to review this Agreement and the Policies and Procedures periodically to be aware of any revisions.

By completing the GEOWEB enrollment process and using the GEOWEB service, you, the Customer, agree to be legally bound and to abide by this Agreement just as if you had signed this Agreement. If you do not wish to be bound by this Agreement, you may not continue to use the GEOWEB service. In that case, you should immediately terminate your personal account and you are prohibited from using the GEOWEB service. This Agreement, any future amendments and the Policies and Procedures constitute the entire and only agreement between GEOWEB and the Customer with respect to GEOWEB service.

3. RESERVATION OF RIGHTS. GEOWEB reserves the right to discontinue or alter any aspect of the GEOWEB service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the GEOWEB service for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating the Customer's right to use the GEOWEB service, at GEOWEB's sole discretion and without prior notice or liability. GEOWEB reserves the right to change or add any fees or surcharges at any time effective upon thirty (30) days' prior notice via e-mail or regular mail.

4. CONNECTION CHARGES. The Customer is responsible for all charges (e.g., telephone) associated with connecting to the GEOWEB service through the access number, which may or may not be a local number.

5. EQUIPMENT. The Customer is responsible for providing all telephone access lines, telephone and computer equipment, including a modem, or other access device necessary to access the GEOWEB service.

6. REGISTRATION. The Customer certifies to GEOWEB that he/she is an individual at least eighteen (18) years of age. A minor's parent or legal guardian may authorize a minor's use of the Customer's account under adult supervision and with the assumption of all liabilities resulting from the minor's use. The Customer is solely responsible for limiting access to objectionable materials which may be on the Internet and GEOWEB shall not be responsible or liable for any unauthorized viewing of said materials by minors or other persons.

The Customer agrees to provide GEOWEB with accurate, complete and updated information required by the GEOWEB registration process, including, but not limited to the Customer's legal name, address, telephone number(s) and necessary payment data such as a credit card number and expiration date. The Customer agrees to notify GEOWEB within thirty (30) days of any changes in the registration information of the customer. If the Customer fails to fully comply with this provision, or if the Customer provides false or unauthorized registration information, the Customer's right to use the GEOWEB service may be immediately suspended or terminated.

7. ACCOUNTS/CHARGES/PAYMENTS. Each Customer is responsible for all activities and charges resulting from use of the Customer's account by any person and for ensuring full compliance with this Agreement by all users of the Customer's account. Upon enrollment, GEOWEB provides each customer with a password. It is the responsibility of the Customer to maintain the confidentiality of the password and the Customer is liable for any harm resulting from disclosing or allowing the disclosure of any password. In the event of a breach of security, the Customer shall be liable for any unauthorized use of the GEOWEB service until the customer notifies GEOWEB by telephone at (304) 872-8006.

Current rates for using the GEOWEB service may be obtained by calling GEOWEB at (304) 872-8006 or by viewing them on GEOWEB's Home Page. GEOWEB reserves the right to change fees, surcharges, monthly fees or to institute new fees at any time upon thirty (30) days notice. The Customer shall pay, in accordance with the provisions of the current price lists for services as published by GEOWEB, any registration or monthly fees, connect time charges or other charges incurred by the Customer or designated users at the rates in effect for the billing period in which those charges are incurred. . The Customer is required to pay any and all sales, use, value-added, personal property or other governmental tax or levy imposed on the goods or services billed to his account, other than taxes based on the income of GEOWEB.

8. ONLINE CONDUCT. Any conduct by the Customer that in GEOWEB's discretion impairs any other customer from using and enjoying GEOWEB's service will not be permitted. The Customer agrees only to use the GEOWEB service for lawful purposes. The Customer is prohibited from posting or transmitting through the GEOWEB service any material that is unlawful, harmful, threatening, abusive, harassing or defamatory, including material that would constitute, or would encourage conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any applicable local, state, national or international law. The Customer is prohibited from posting in any public area of the GEOWEB service any material that is vulgar, obscene, profane, hateful, racially, ethically or otherwise objectionable.

9. PROPRIETARY RIGHTS. The Customer acknowledges that GEOWEB owns and retains the copyrights, trademarks, trade secrets and other proprietary rights to the content of the GEOWEB service. Except for the public domain material, electronic messages and material in message boards, all copyrightable material displayed on, or downloaded from GEOWEB is copyrighted and the Customer may not distribute, transmit, re-transmit, copy (other than one copy for personal use of the Customer) or publish without the permission of GEOWEB.

10. CUSTOMER PRIVACY. Except as otherwise provided in this paragraph, GEOWEB will not release any information in the Customer's account application to anyone, including the Customer's name, address, credit card numbers and bank account numbers except for the purpose for which it was provided unless required to do so by law. Unless otherwise requested by the Customer, GEOWEB may release in whole or in part, customer names, addresses and phone numbers to service providers and merchants.

GEOWEB will not intentionally monitor or disclose any private electronic communications unless permitted or required by law. GEOWEB reserves the right to cooperate with local, state and federal law enforcement officials in any investigation involving electronic messages transmitted on GEOWEB.

11. NO WARRANTIES. THE CUSTOMER EXPRESSLY AGREES THAT USE OF GEOWEB, SOFTWARE OF GEOWEB AND THE INTERNET ARE AT THE CUSTOMER'S SOLE RISK. GEOWEB SERVICE AND SOFTWARE OF GEOWEB ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GEOWEB'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF GEOWEB AND SOFTWARE OF GEOWEB SHALL BE REPLACEMENT OF ANY DISKETTE FOUND TO BE DEFECTIVE. GEOWEB'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE AMOUNT PAID BY YOU TO ACCESS AND USE THE INTERNET THROUGH GEOWEB.

12. INDEMNIFICATION. Upon the request of GEOWEB, the Customer agrees to defend, indemnify and hold harmless GEOWEB, its officers, directors, employees and agents from all liabilities, claims and expenses, including without limitation, reasonable attorney's fees, arising from a breach of this Agreement or the Policies and Procedures by use of the Customer's account or in connection with, the transmission by or through the Customer's account of any content of GEOWEB or the Internet. GEOWEB reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Customer hereunder, and in such event, the Customer shall have no further obligation to provide indemnification for such matter.

13. TERMINATION OF SERVICE. Either the Customer or GEOWEB may terminate the Customer's account at any time. Customer's only right with respect to any dissatisfaction with any term of this Agreement, the Policies and Procedures or practice of GEOWEB in operating the GEOWEB service; Internet access available through GEOWEB; or a change in the amount or type of fees charged by GEOWEB for its service is to terminate the Customer account by delivering notice of termination to GEOWEB, which shall be effective at the end of the billing period in which the termination notice is received.

14. CONSTRUCTION. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of this Agreement shall remain in full force and effect. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement.

15. NO IMPLIED WAIVER. The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

16. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of West Virginia except with regard to the conflict of laws provisions.

17. JURISDICTION. Each party to this Agreement irrevocably consents to the exclusive jurisdiction of the courts of the State of West Virginia and the federal courts situated in the State of West Virginia in connection with any action arising under this Agreement, the Policies and Procedures or relating to the GEOWEB service or software of GEOWEB. Any cause of action of the Customer or its authorized user(s) with respect to the GEOWEB service or software of GEOWEB must be commenced within one (1) year after the claim or cause of action arose, or be barred.

GEOWEB POLICIES AND PROCEDURES

1. GENERAL. A. These Policies and Procedures ("P&P") set forth how GEOWEB Internet Services ("GEOWEB") will operate the GEOWEB Service and how authorized customers may use the GEOWEB Service. These P&P also explain many practical aspects of using GEOWEB. Please read this document carefully and refer to it as often as necessary. You should also read and refer to the Customer Services Agreement ("CSA"). This document, and the CSA (which is available on the GEOWEB Home Page), are all of the applicable GEOWEB rules ("GEOWEB Rules"), and, as stated in Section 1 of the CSA, comprise the entire agreement between you and GEOWEB with respect to the GEOWEB service. You can view the CSA or this P&P on the GEOWEB Home Page at any time. Unless the context requires otherwise, terms used in the P&P have the meanings given in the CSA.

B. We have tried to explain clearly our GEOWEB Rules, but if any aspect of the GEOWEB Rules is unclear, we welcome your comments. We hope that our GEOWEB Rules will foster an online community where there is both free exchange of ideas and information, and respect for individual and community rights.

2. ONLINE CONDUCT. A. Any conduct by you that in GEOWEB's discretion restricts or inhibits any other customer from using or enjoying the GEOWEB Service will not be permitted and may result in termination of services. You agree to use the GEOWEB service only for lawful purposes. You may not use the GEOWEB service to:

(1) harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another customer or user of the GEOWEB Service or other person or entity,

(2) post, in a public area of the GEOWEB Service, sexually explicit images or other content which is deemed by GEOWEB to be offensive,

(3) post or transmit any unlawful, harmful, threatening, abusive, harassing or defamatory material, or post in a public are of the GEOWEB Service any material that is vulgar, obscene, hateful, racially, ethnically or otherwise objectionable content,

(4) impersonate any person, including but not limited to, an GEOWEB official or an information provider, or communicate under a false name or a name that you are not entitled or authorized to use,

(5) disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other customers, users, individuals or entities,

(6) post or transmit chain letters or pyramid schemes,

(7) transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other customers, users, individuals or entities, except in those areas that are designated for such purpose,

(8) violate any operating rule, policy or guideline of any other interactive or internet provider service, or

(9) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law.

(B) Offensive Communication. The GEOWEB Service is a community-oriented service composed of many different people. Our goal is to provide an interesting, stimulating and fun place for all customers and users. Please use your best judgment and be respectful of other users. Remember, there may be children online.

(C) Harassment. When a customer targets another individual or entity to cause distress, embarrassment, unwanted attention, or other discomfort, this is harassment. GEOWEB does not condone harassment in any form and may suspend or terminate the account of any customer who harasses others. Personal attacks, or attacks based on a person's race, national origin, ethnicity, religion, gender, sexual orientation, disablement or other such affiliation, are prohibited.

(D) Graphic Files. GEOWEB prohibits posting, in any public area of the GEOWEB Service, sexually explicit images or other content deemed offensive by GEOWEB.

(E) Impersonation. This can involve the portrayal of another person or entity, such as the impersonation of GEOWEB staff or an information provider or a false name or a name that you are not authorized to use. Customers must avoid the portrayal of GEOWEB personnel or other persons in all forms of online communication.

(F) Chain Letters and Pyramid Schemes. Transmission of chain letters and pyramid schemes of any kind is not allowed on the GEOWEB Service. This material places an unnecessary load on our mail system and is considered a nuisance by many customers. Certain chain letters and pyramid schemes are illegal. Letters or messages that offer a product or service based on the structure of a chain letter are also of questionable legality and are not permitted on the GEOWEB Service.

(G) Advertising and Solicitation. You may not use the GEOWEB Service to send unsolicited advertising, promotional material, or other forms of solicitation to other customers except in those specified areas that are designated for such a purpose.

(H) Auto-diallers and keep-alive programs. Programs designed to keep your dialup connectivity alive without user intervention are prohibited. GEOWEB provides 24 hour availability but reserves the right to discontinue any dialup session if the session is idle for more than 60 minutes.

(I)SPAMMING and Bulk-emailing are prohibited.

3. EXPORT OF TECHNOLOGY. The export control laws of the United States and other jurisdictions regulate the export and re-export of certain technology. This includes the electronic transmission of certain information and software to particular foreign countries and foreign nationals. You agree to abide by these laws -- including but not limited to the United States Export Administration Act, Arms Export Control Act and their implementing regulations -- and not to transfer, by electronic transmission or otherwise, any content.

4. INTERNET ACCESS AND CONDUCT. GEOWEB provides you with access to the Internet. Generally, the Internet consists of the following areas available through the GEOWEB service: E-mail, News Groups, Gopher, FTP, and the World Wide Web. The Internet is not owned, or operated by, or in any way affiliated with GEOWEB. It is a separate, independent network of computers and is not part of GEOWEB. Your use of the Internet is solely at your own risk. When using the Internet and all of its components, customers must conduct themselves responsibly according to the Internet's own particular code of conduct. Participating successfully on the Internet is, for the most part, a matter of common sense. Although GEOWEB does not control the Internet, your conduct on the Internet when you use your GEOWEB account is subject to the GEOWEB P&P. Because GEOWEB wants to be a good Internet citizen, it prohibits customers from engaging in certain conduct on the Internet through or by means of the GEOWEB Service including the following:

(i) Chain Letters. Chain letters are prohibited on the GEOWEB Service and are inappropriate on the Internet. Posting a chain letter to an Internet newsgroup (or via E-Mail on the Internet) may result in your GEOWEB account being terminated.

(ii) Commercial Communication. The vast majority of newsgroups and mailing lists on the Internet are not commercial in nature and participants in such groups may object strongly to commercial postings, solicitations, or advertisements.

(iii) Other Inappropriate Posts. Each newsgroup and mailing list on the Internet focuses on a particular set of topics and posts not related to these topics are not welcomed by the participants. We suggest that all customers become familiar with the guidelines, themes, and culture of the specific newsgroups and mailing lists in which they wish to participate. Posting patently inappropriate material on the Internet may result in suspension or termination of your GEOWEB account.

(iv) Copyright and Proprietary Materials. Transmitting to the Internet copyrighted or other material of any kind which is subject to the rights of any person or entity without the express permission of the rights holder is prohibited and will result in termination of your account and possible civil and/or criminal liability.

You understand that except for content, products or services expressly available at GEOWEB's Web site, GEOWEB does not control, provide, operate, or is responsible for any content, goods or services available on the Internet. All such content, goods, and services are made accessible on the Internet by independent third parties and are not part of GEOWEB or controlled by GEOWEB. GEOWEB neither endorses nor is responsible for the accuracy or reliability of such content, goods or services. GEOWEB does not guarantee the accuracy, completeness, usefulness, quality or availability of any content, goods or services available on the Internet, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. GEOWEB shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any content, goods or services available on the Internet or your inability to access the Internet or any site on the Internet. The foregoing provisions of this paragraph shall apply with equal force even where GEOWEB features or displays a link with any particular Web site.

You should be aware that the Internet contains content, goods and services that you may find obscene, improper, hurtful or otherwise offensive and that may not be suitable for certain customers, users or for minors who are accessing the Internet through a customer's account. GEOWEB does not have the capability or right to monitor, or review, or restrict any content, goods or services made available by third parties on the Internet, nor to edit or remove any such questionable content after posting on the Internet. In addition, you should be aware that the Internet provides access to users who are not part of GEOWEB and whose conduct and communication may also be found to be harmful or offensive to customers or which would otherwise breach the GEOWEB P&P if they were subject to it. Since such users are not customers of GEOWEB, GEOWEB does not have the right or capability to restrict or review their conduct or communication. Accordingly, GEOWEB specifically disclaims any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet (including without limitation any part of the Web).

You should be aware that much of the content available on the Internet is protected by copyrights, trademarks, trade secrets and other rights of the independent third parties or their licensors who make such content available on the Internet. The Customer's use of such content will be subject to the specific restrictions placed on such content by the owners or licensors of the rights in such content and all applicable laws and regulations.

Your use of the Internet is subject to all applicable local, state, national and international laws and regulations. Without limiting the other rights available to GEOWEB under the GEOWEB P&P, GEOWEB retains the right, but not the obligation, in its ole discretion and without prior notice or liability, to restrict and/or terminate your access to the Internet and the GEOWEB service if your use of the Internet violates any such laws or regulations, any prohibitions upon your conduct in connection with the Internet raised in this section or otherwise restricts or inhibits any other use from enjoying the Internet or the GEOWEB service.

5. AUTO-DIALERS

Any type of auto-dialer/reconnection utility is not permitted.

6. PURCHASING PRODUCTS AND SERVICES THROUGH THE GEOWEB SERVICE

Please remember that GEOWEB does not endorse, warrant or guarantee any product or service offered through the GEOWEB Service and will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Blind opportunity advertisements and "get rich quick" schemes should be approached with ample skepticism. GEOWEB cannot mediate disputes and cannot assume responsibility for any outcome.

7. E-MAIL STORAGE

GEOWEB's current general practice is that (i) E-Mail is retained on the GEOWEB Service for approximately five (5) days after the date it is read and then permanently deleted, and (ii) unread E-Mail is kept on the GEOWEB Service for approximately thirty (30) days; however, GEOWEB makes no warranties of any kind with respect to E-Mail service and is not responsible for any message which may be misprocessed by GEOWEB. GEOWEB reserves the right to change its above mentioned practice at any time without notice.

8. Cancellation Policy

Cancel at anytime and you get the remaining time you have already paid for. We do no prorate or refund. You must cancel at least 72 hours before your next billing date. To cancel, call us at 304-872-8006.

8. Returned Checks

There will be a $20.00 service charge for any checks returned for insufficient funds.