PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.

Warranty Disclaimer

THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.

CyLynx exercises no control whatsoever over the content of the information passing through CyLynx's system. Use of any information obtained via CyLynx is at User's risk. Neither CyLynx nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does CyLynx make any warranty as to the results from use of the Service.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY CyLynx, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER CyLynx NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CyLynx, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT CyLynx IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, CyLynx LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.

If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of CyLynx in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.

Indemnification

Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold CyLynx, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by CyLynx, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify CyLynx in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and CyLynx shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

Age Limit

User represents to CyLynx that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

Sexually Explicit Materials

User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. CyLynx has no control over and accepts no responsibility whatsoever for such materials.

Prohibited Uses

User may not:

• restrict or inhibit any other user from using and enjoying the Internet;
• post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
• post on webspace provided any sexually explicit materials or materials that may be offensive.
• post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
• post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
• upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;
• upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;
• send unsolicited advertising or promotional materials to other network users (See section titled "MESSAGING");
• allow users to run Maillist, Listserv or any form of auto-responds from User's account;
• run or activate processes while User is not logged in;
• violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;
• attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of pingbots and other methods of avoiding timing disconnection (See section titled "LIMITATIONS OF DIAL-UP SERVICES"); or
• violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.

CyLynx has no obligation to monitor the Service. However, User agrees that CyLynx has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. CyLynx will not intentionally monitor or disclose any private E-mail message unless required by law. CyLynx reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. CyLynx reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of CyLynx following payment of a reconnection charge, to be determined by CyLynx in its sole and absolute discretion.

Messaging

User agrees to limit their use of the CyLynx service, specifically regarding the use of CyLynx's electronic (email) services, to the following restrictions:

• Unauthorized Use of Relay Servers
• User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.
• Fraudulent Addressing
• User agrees that the purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered, is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the CyLynx service.
• A maximum of 60 emails-sent per hour has been set for this purpose.

Limitation of Dial-Up Services

Although CyLynx advertises "Unlimited Access," with regards to some of it's Dial-Up services, there are several limitations applied. The sole purpose of these limitations are intended to limit the amount of unnecessary use of CyLynx services by any such User, which restricts overall CyLynx system availability for other such Users. These limitations apply only to Dial-Up access services offered by CyLynx.

• Idle Timeout

  User agrees to have their online session automatically terminated after ten (10) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the CyLynx service.

• Maximum Single Session

  User agrees to have an online session automatically terminated after five (5) hours of consecutive time, regardless of data transferred during such specific online session.

• Minimum Re-Connect Limit

  User understands they cannot log back onto the CyLynx system for a time period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session's termination.

• Multiple, Concurrent Online Sessions

  User agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account purchased.

Billing Policy

Payment is due in advance. In the event a customer's account is past due or a recurring credit card charge is not accepted or a check declined by Customer's bank, CyLynx will notify Customer of billing problem by email. CyLynx will not be responsible for receipt of email by Customer. It is Customer's sole responsibility to keep abreast of timely payment for CyLynx's services. Failure of Customer to rectify billing problems nor enable CyLynx to collect balances due or outstanding charges within specified periods after email is sent by CyLynx notifying Customer of problem, or inability of CyLynx to collect balances due may result in suspension or cancellation of Customer's services until rectified, and/or revocation of Customer's Service Agreement.

Details:

2nd day of non-payment after due date - suspension (with internet, without email)
7th day of non-payment after due date - closed until paid (without internet, without email)
12th day of non-payment after due date - closed (account has to be reactivated with $10 reactivation fee)

Initial Payment

• First payment must include setup fee or setup cost.

  *Note: Setup up fee is non-refundable.

• Customer's credit cards would be charged on their anniversary dates. This is the date they signed up for the service. Invoices and/or bills will be release through email 15 days before the due date. Example: If you signed up on the 15th of August, your billing date would be every 15th of the month and so on.

  *Note: Special payment is negotiable. Email us at info@cylynx.com

  Special payment rates would need to have a written authorization/agreement between the customer and CyLynx.com.

Credit Card Users

• Credit card customers will receive an email notice stating the amount charged to his/her credit card. If the credit card cannot be processed due to credit declined, call issuer, invalid card, etc. a $2 administrative charge will be added to your bill, invoice or balance due.

  *Note: The $2 will be charged to your account for each failed/declined attempt in charging your credit card.

• CyLynx will not be responsible for any telephone company charges (voice or data) resulting from use of CyLynx's system or network accessing users account. Customer is responsible of making sure that the access number they are using is a local access number for them.

Cancellation

Customers are required to notify CyLynx in writing via email to info@cylynx.com of account cancellation. Cancellation notice must include Customer's username, Customer Name, reason for cancellation, and telephone number where customer can be reached to confirm cancellation. Such notice will only be honored upon receipt. Customer should verify receipt of cancellation notice with CyLynx by contacting CyLynx support and receiving acknowledgement of cancellation notice.

Monthly service charges will not be pro-rated on the month of cancellation.

Dispute Procedure

• All refunds must be approved and processed by the accounting department after intensive investigation. Refunds will be processed within fourteen (14) days of receipt of your request if there is no dispute.

• CyLynx requires fourteen (14) days to investigate billing and payment disputes. During such time CyLynx will not take any action against customer if it appears that a good faith dispute exists.

• If a dispute involves a bank or credit card payment and a refund is due the refund will be credited directly to the issuing bank or credit card source.

Due Date and Late Payment

• If an existing customer's account is not fully paid within two days after their anniversary date in which fees are due, CyLynx may suspend Customer's account.

• If no payment is made by customer within thirty (30) days after due date all information in client's database and/or account may be deleted. Payment due will be forwarded to the collections agency. If client wishes to re-establish service again he/she must re-apply as a new user or pay the reactivation fee of $10.

Refunds

• CyLynx does not offer pro-rated refunds. But in some circumstances a refund may be given to customer. This is if and when after thorough investigation by the company's Accounting department, it is proven that the refund request is a valid one. For every valid refund request: CyLynx has the right to charge the customer $5 for administrative fee, bank charges, and processing fee incurred by the company from the cancellation.

• Refund requests due to services not used will not be approved. Customers are advised to call for technical assistance if they are having technical problems. No refunds will be given to technical issues that can be remedied.

Charge Backs

Clients who filed an invalid/wrong charge back will be charged $25 per transaction.

Payment Mode

In cases which customer wishes to request a special billing of payment mode, he/she needs to send an email confirmation to info@cylynx.com as authorization of the request.

* Changes and modifications in this billing policy are updated in the website. It is the customer's obligation to visit the website, www.CyLynx.com for more billing updates.

Right to Cancel

CyLynx reserves the right to cancel Service for any reason without prior notice. Pre-paid service is non-refundable. CyLynx will not refund any setup, sign up, or handling fees. Cancellations after the first of the month will be charged for that month. User must notify CyLynx via e-mail or in writing to cancel Service. Cancellations shall not be honored by Telephone.

No Confidentiality

Information transmitted through CyLynx and through the Internet in general is not confidential. CyLynx cannot and shall not guarantee privacy or protection of any User. CyLynx reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of CyLynx.

Non-transferable

The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

Purchases on the Service

If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.

No System Backup

CyLynx does not and will not perform system backups on any User's E-mail account(s). CyLynx shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, CyLynx will not provide historical data, to any party for any reason, regarding any system or Internet activity.

CyLynx does not and will not perform system backups on any User's personal web site account(s). CyLynx shall not be held responsible for any lost web data, web files, or any web site contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, CyLynx will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Failure to Comply With Terms and Conditions

CyLynx may deny User access to all or part of the Service without notice if User engages in any conduct or activities that CyLynx in its sole discretion believes violates any of the terms and conditions in this Agreement. If CyLynx denies User access to the Service because of such a violation, User shall have not right (1) to access through CyLynx any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through CyLynx, and CyLynx shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

Miscellaneous

User agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes). User also agrees to not remain connected to CyLynx's system for periods exceeding (8) eight hours, in any single continuous session. User authorizes CyLynx to enforce these restrictions by appropriate software and network measures, automated and manual.

CyLynx reserves the right to change dialup plans terms from time to time and to move users from one plan to another at any time. User agrees to notify CyLynx if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to CyLynx.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

CyLynx's failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

CyLynx may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

CyLynx shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of CyLynx.

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming CyLynx as the defendant, shall be proper only in a venue determined by CyLynx.

In any action between CyLynx and User to enforce any of the terms of this Agreement, CyLynx shall be entitled to recover expenses, including reasonable attorney's fees.

This Agreement constitutes the entire agreement between User and CyLynx with respect to the Service.