Dedicated Access Service Agreement

1. Provision of Services. Subject to the terms and conditions of this Agreement, MindSpring shall provide Dedicated Internet access ("Service") to customer ("Company"). Company shall take full responsibility for the use of the Services by any minors and hereby consents to such minor's use of the Service. The Services provided by MindSpring are not for resale without the prior agreement of MindSpring.

2. Appropriate Use of MindSpring Services. Company agrees to maintain all passwords as private and confidential information. Company agrees to use its MindSpring account in a way that conforms with all applicable laws and regulations. Company understands that violation of certain generally accepted guidelines on Internet usage, such as restrictions on mass e-mailings (spam) and mass advertising, or posting to inappropriate newsgroups, may cause severe operating difficulties for MindSpring, and would be a likely cause for the termination of Company's account. Company specifically agrees not to make any attempt to gain unauthorized access to any other systems or networks. Company agrees to abide by MindSpring's "Appropriate Use Policy which can be found at http://business.mindspring.com/agree/ded-aup.html.

3. Internet Content. Company understands that the information available through MindSpring or interconnecting networks may not be accurate, including the content displayed on the MindSpring Desktop. Company understands that the some of the information available through MindSpring or interconnecting networks may be intended for adult audiences.

4. IP Addresses. IP Blocks are assigned by MindSpring for Company use only and it is understood that MindSpring will not guarantee routing of any IPs of any user other than the Company, even if IP address is part of a block assigned to the company by MindSpring. IP addresses are not portable and are the property of MindSpring. If Company discontinues service with MindSpring, Company will return all IP addresses issued by MindSpring back to MindSpring. In addition, MindSpring will have no responsibility or liability for any actions or costs incurred by Company in obtaining or reconfiguring its equipment with new IP addresses if Service is terminated for any reason.

5. Equipment. Company shall be responsible for obtaining and maintaining any equipment needed to connect to, access and otherwise use the Services, including without limitation, modems, hardware, software, and telephone service. Company shall be responsible for insuring equipment is compatible with Service. MindSpring will not be responsible for technical support for equipment that has not been formally recommended by MindSpring.

6. Payment Obligations. If Company has given a credit card number to MindSpring, it understands that charges will be billed to Company's credit card each month for the basic service and any additional usage. Company authorizes this automatic billing by MindSpring. MindSpring's monthly billing cycle is based on sign-up date, with the basic service fee for each month charged at the beginning of the billing cycle along with additional usage fees from the previous billing cycle. Company understands that all charges are considered valid unless disputed in writing within thirty days of invoice date. Company understands and agrees that MindSpring shall not be responsible for any charges or expenses that Company may incur resulting from overdrawing its bank account or exceeding its credit card limit as a result of an automatic charge generated by MindSpring pursuant to this authority. Company understands that it is responsible for determining whether a MindSpring phone number is within its local calling area, and that Company is responsible for any long distance charges it may incur in connecting to MindSpring. Company may cancel its account at any time effective the end of that billing cycle. MindSpring reserves the right to change prices from time to time, upon notification of Company not less than fifteen (15) days prior to the price change.

7. Termination. MindSpring reserves the right to terminate Company's 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 Company's account is inactivated, it may be required to pay reconnect charges and a prepaid deposit in order to re-activate the account. If customer account includes space on MindSpring's server, anything stored on this space will be deleted upon inactivation

8. Security Policy. Company understands that internetworking communications are not secure, and may be subject to interception or loss. MindSpring makes no warranties of any kind, either express, implied, or statutory concerning the data or information available through the MindSpring network. Company understands that the use of its MindSpring account, and any data or information accessed using that account, will be completely at its own risk. Company is responsible for its network security. MindSpring will not be liable for damages arising out of unauthorized access to Company's network.

9. Warranty Disclaimer. Company uses the service at Company's own risk. MindSpring does not warrant the Service will be free of interruptions, nor do they make any warranty as to the results that may be attained from the use of the Services. The Services are provided on an "as is, as available" basis. No warranties, express or implied, including, but not by way of limitation, those of merchantability, fitness for a particular purpose or of non-infringement, are made with respect to the services or any content or software therein.

10. Limitation of Liability. Company understands that the cumulative liability of MindSpring for any and all claims relating to the services provided by MindSpring, in contract, tort, or otherwise, shall not exceed the total amount of the basic service fees paid by Company to MindSpring for services within the prior year. Company agrees that MindSpring shall have no liability for the services, data or information made available to Company, including any liability for any consequential, indirect, special or incidental damages regardless of the success or effectiveness of other remedies

This agreement represents the complete agreement between MindSpring Enterprises, Inc., and myself, and supersedes any other written or oral agreement.