Subject: SYSTEM: Subscriber Agreement Form. ART MATRIX - LIGHTLINK PO 880 Ithaca, NY 14851-0880 (607) 277-0959 Voice (607) 277-8913 Fax (607) 277-5026 Modems homer@lightlink.com E-mail jes@lightlink.com E-mail 08/31/95 4:10pm SUBSCRIBER AGREEMENT This agreement is between: Art Matrix, a New York Partnership, having offices at 25 Fairview Square, Ithaca, New York 14850 (hereinafterSupplier); and 1.) any applicant for use of an account on our system. 2.) if applicant is under 18 years of age, the applicant's Parent or Legal Guardian (hereinafter Subscriber). I. DUTIES OF THE SUPPLIER The Supplier agrees, at his sole discretion and according to his best business judgement and financial wherewithall, to provide basic Internet Connectivity to the Subscriber in return for timely payment of rates and service fees as set out in the online information directories of Art Matrix - Lightlink Basic Internet Connectivity includes, as and when available, 1.) Dialup Modems or Wireless Radios. 2.) Terminal Servers 3.) Routers 4.) News, Mail, Web and other servers for Internet access 5.) Shell, Slip, PPP and other accounts in varying kinds 5.) T1 connection to the internet. 6.) Technical Support 7.) Tape backup of user directories and other critical directories at least once a day. II. DUTIES OF THE SUBSCRIBER In return for services rendered by the Supplier, the Subscriber agrees to pay his due amounts in a timely fashion as set out in the online information directories and to use the system in an ethical and responsible manner. It is also the duty of the Subscriber to keep himself informed of present policies and policy changes through periodic perusal of the various online information directories accessible through a web browser. III. MODIFICATIONS TO THIS AGREEMENT The Supplier may modify this agreement, the Operating Rules or the Rate Schedule, and may discontinue or revise any or all other aspects of the Service at his sole discretion and without prior notice. Notice for such changes will be posted in the online newsgroup light.announce and uptodate copies of policy letters will always be available in the online information directories. IV. AGREEMENT NOT TRANSFERRABLE The right of the Subscriber to use the service is not transferable to another except as laid out below in USE OF ACCOUNTS BY OTHERS. At all times the Primary Subscriber who has signed this agreement is fully responsible, accountable and answerable for anyone who uses his account, whether with or without his knowledge. V. USE OF ACCOUNTS BY THOSE OTHER THAN THE SUBSCRIBER. Some types of accounts may be used by other people than the Primary Subcriber. See 'Rates' in the online web directories for more information. Other accounts are for the sole use of the Primary Subscriber. VI. HOLD HARMLESS The Subscriber agrees that the sole recourse that he or his agents, heirs or assigns has against Art Matrix for any reason whatsoever, no matter how egregious, is to request termination of the account, and recovery of present month's subscription charges. Install fees are recoverable for 3 month's after service start date. The Subscriber agrees to indemnify Supplier against liability for any and all use of Subscriber's account. Subscriber expressly agrees that use of the service is at Subscriber's sole risk. Specifically: a. Neither the Supplier nor any of its information providers, licensors, employees, or agents warrant that the Service will be uninterrupted or error free. b. Neither the Supplier nor any of its information providers, licensors, employees or agents makes any warranty as to the results to be obtained from use of the Service. c. 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. d. Without limiting the generality of the foregoing, the Supplier shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from: i. any errors in or omissions from the Service or any materials included therein, ii. the unavailability or interruption of the Services or any features thereof or any materials included therein, iii. Subscriber's use of the Service (regardless of whether Subscriber received any assistance from Supplier), iv. Subscriber's use of any equipment in connection with the Service, v. the content of materials included in the Service, or retrieved or sent from any other party through use of the Service, vi. any lost profits or other consequential, exemplary, incidental, indirect or special damages relating in whole or in part to subscriber's rights hereunder or use of, or inability to use the Service or anything retrieved from or through the Service, even if Supplier has been advised of the possibility of such damages. e. In addition, third parties provide information, software, communications links and other content which may be accessed over the Service. Such material is referred to herein, collectively, as "Third Party Content". Subscriber expressly acknowledges that the provisions of this section (VI) shall also apply to the third party content. VII. COPYRIGHT Supplier makes no representations as to the copyright status of any material accessed through the Service. Except as expressly permitted by the copyright owner, Subscriber may not reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any information, software or other content which is received through the Service in violation of copyright laws. VIII. NOTICE TO PARENTS: It is your responsibility to monitor your children and what they do with the Service. The Internet contains files, pictures, stories, graphics, programs, information and other material which some may not consider appropriate for children. It is possible that your child may use your account on the Service to access, view, and send or receive files and data of which you would not approve. He or she may use the Internet to order goods or services which you would not want him or her to have. Your child may open and indulge in coversations with people that you may not wish your child to communicate with. There are no controls on the Internet as to who can communicate with whom, and what they might say to each other. The Supplier cannot and does not intend to monitor the huge quantity of data which are loaded onto, retrieved from or passed through the Service daily, nor can it audit anything which may be accessed directly through its link to the Internet. By signing this Agreement, you agree that the Supplier has no responsibility, accountability, liability, or blame whatsoever, for anything which you, your child, or anyone else may see or upload, or download using the Service, using your account or any other account on this or any other system, even if the Supplier has been given prior notice of the possibility or actuality of such. If you do not want your child to use the Service, it is your responsibility to be sure your child does not have access to this account. IX. TERM AND TERMINATION This Agreement shall become effective upon approval and execution by the Supplier and shall continue in force until terminated by either party. Both Supplier and Subscriber may terminate this agreement and delivery or receipt of service at any time without prior notice and for any reason whatsoever whether stated or not. If Subscriber terminates this Agreement, such termination shall be effective when received by Supplier by e-mail, phone or US mail. If Supplier terminates this Agreement, such termination shall be effective upon locking out of the account and the communication of such to the Subscriber by alternate e-mail, phone or US mail. Note that an event of locking of an account does not in and of itself constitute termination of this agreement, and may be done for various reasons such as security purposes. X. GOVERNING LAW: This Agreement shall be governed by and construed under the laws of the State of New York. XI. SEVERABILITY AND MERGER Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. The terms of this agreement and any Operating Rules published by the Supplier in the 'Rates and Policies' section of their online service constitute the entire and only agreement between Supplier and Subscriber and supersede all other communications and agreements with regard to the subject matter hereof. XII. NO WAIVER OR MODIFICATION Failure of any party to enforce any provision of this Agreement shall not constitute or be construed as a wavier of such provision or of the right to enforce such provision. Notwithstanding Supplier's acknowledgment of a Subscriber purchase order, any provision or condition in any purchase order, voucher, or other memorandum of the Subscriber which is in any way inconsistent with, or adds to, the provisions of this agreement is null and void. Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this Agreement. XIII. SURVIVAL The provisions of sections VI and VII and this paragraph and all obligations of and restrictions on Subscriber shall survive any termination of this Agreement. END OF AGREEMENT