Thank you for choosing Expert Net as your Internet Service Provider!

This subscription agreement is the contract between you (hereafter "User") and Expert Net (hereafter "ISP") for User's license to use ISP's host computer system (the "System") to access the Internet. This agreement will vary depending on the type of service and the class of customer, individual or business.

User and ISP agree, upon User's activation of the acceptance button or by User's use of the Service, to timely abide by the terms and conditions in this agreement.

"Account" means a Logon ID and Password allowing User to access the Service.

"Service" means your Internet connection provided by ISP to users subscribing for the same and all ancillary services, including Web page hosting.

After the initial or any stated term, either party may by Email notice terminate this agreement on or prior to 10 days preceding the end of any month for which the User has paid the appropriate fees. Thereafter User agrees that ISP may purge all of User's information from the System.

ISP reserves the right to change this agreement by Posting on the Web site such changes.

3.1 License

Upon User's payment, and subject to the terms of this Agreement, ISP hereby transfers to User all right and license to use the System.

ISP maintains control and exclusive ownership of all parts of the System and Service. ISP does not claim ownership of or exert control over User's files or the intellectual property contained therein.

User understands and acknowledges that a third party supplies any Software supplied to User and User shall hold and use all Software subject to the terms and conditions supplied by that third party.

Expert Net owns all sign-on (login) names and licenses them to you. Additionally, you may not use your log-in name in violation of this agreement or in ways Expert Net deems inappropriate (i.e. sending or causing to be sent mass e-mail solicitations). Expert Net reserves the right to delete any such login name or to request deletion.

3.2 User acknowledges and agrees to the following.

That the party activating the accept button is at least 18 years of age and is duly authorized to bind User and has adequate legal capacity to enter into binding agreements. You agree to provide Expert Net with accurate, complete, and updated registration and billing information. Failure to do this constitutes a breach of this agreement and unauthorized access to Expert Net.

That User has no rights to the System or the Service or its content except as set forth in this Agreement and shall cease all use of the same upon termination hereof.

That User shall strictly abide by the Acceptable Use Standards of the System.

That there are substantial risks including, but not limited to, loss and corruption of data, delays, nondeliveries, misdeliveries, theft, and service interruptions associated with the reception, transmission, storage, manipulation and other uses of data over the System. User agrees to take all necessary precautions (including encryption) to protect itself from such risks and assumes sole responsibility for all such risks.

That ISP provides data communications services as a non-tariffed carrier and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide, manage, support and invoice for the Services and control of Spam. Therefore, User assumes the entire risk as to the availability, accuracy, and nature of any material it obtains from the Service. In addition, User will supervise minors using the Service and be responsible for their activities.

That User shall not, without the express written permission of ISP, resell or make the Service available to unrelated third parties.

That User shall not use a non-commercial account for business purposes (i.e., for profit) and that ISP may convert such an account to a Commercial Account without notice.

User shall not use this dial up account for over 300 hours per month in a calendar month. If dialup user exceeds 300 hours in a calendar month the user will not be allowed to login till the beginning of the next calendar month.

This service is for the users that do not need tech support. Starting January 1, 2008, users can obtain tech support from us at a $15.00 per incident charge. For DSL clients there is no tech support charge for the 1st month of service so we can help get your DSL service up and running.

That User's account may be suspended, without notice, if User breaches any part of this Agreement.

3.3 ISP Warrants:

ISP makes no warranty, representation or promise not expressly set out in this agreement. ISP disclaims and excludes any and all implied warranties including those of merchantability and fitness for a particular purpose.

ISP will use its best commercially reasonable efforts to deliver the Service with at least minimum performance criteria. However, because of the decentralized nature of the Internet, the quality and availability of any particular service or services is highly variable. As such, ISP cannot guarantee you that the Service will always be available or error free. Consequently, ISP provides the Service "as is, as available."

ISP will make no claim to User's proprietary rights to content and any information related to User's marketing and business affairs, whether kept on the System or otherwise, coming into ISP's possession.

ISP will not alter or copy the contents of any User materials kept on the System without User's consent.

ISP will not make any commercial use of User's materials, except as relates to the provision of Services.

ISP warrants that any ISP materials contained in the System complies with applicable federal, state, and local laws.

ISP shall reasonably keep the System technology competitive with other area Internet Service Providers.

3.4 Indemnification and Hold Harmless.

Notwithstanding any other provision contained herein, each party hereto shall be indemnified and held harmless by the other party hereto from any and all liability, injury, lose or damage which is occasioned through such other party's negligent, reckless or deliberate acts or omissions.

User agrees to indemnify and hold ISP harmless from all damage, cost, and liability for any claims arising from User's breach of this Agreement or any User claims arising from acts beyond ISP's reasonable control.

Each indemnity in this agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of this agreement.

It is not necessary for a party to incur any expense or make payment before enforcing a right of indemnity conferred by this agreement.

3.5 Limitations of Liability:

In no event shall ISP be liable for any direct, indirect, consequential damages, or lost profits due to, or arising from this Agreement, or the performance, or lack thereof, of the System or Service.

Further, on behalf of him/herself and his/her minor offspring and any user of this account, the User holds ISP harmless for any damage resulting from their Account and hereby forever releases and waives his/her right, and that of their offspring, assignors and successors, to bring suit against ISP for any injury allegedly arising from the Account.

SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY.

ISP will not be responsible for any claims, losses, damages, or liability User may directly or indirectly incur by reason of any act, neglect, or default of User or any action or neglect of any third party.

3.6 Relationship

4.1 Minimum Performance Criteria

ISP will endeavor to maintain a continuous and uninterrupted connection with the Internet. However, the parties acknowledge that access to the Service may be limited or not possible due to System failure beyond the control of ISP or for reasons of System maintenance.

ISP will endeavor to perform any system maintenance that may affect the Service at times of anticipated minimum system usage. Without assuming any liability for not doing do, ISP will attempt to give notice of the time and duration of such maintenance.

5.1 ISP

ISP will suspend access or change access to User's Account(s) within a reasonable time upon the notification by User that its password has been compromised.

As long as User is not in violation of this Agreement, ISP will make available to User an Account having a Logon ID and Password and Email address along with storage space. This storage space is for temporary storage ONLY, and the User is solely responsible for maintaining the files found therein.

ISP's performance under this Agreement is subject at all times to existing laws and legal process.

5.2 User

The Account is solely for the User and its dependents or employees use.

It is User's responsibility to notify ISP of any suspected compromise of User's Account.

User shall maintain the security of its identification, password and other confidential information relating to its Account.

User shall maintain all equipment and software required for its use of System.

User is responsible for all charges resulting from use of System, including unauthorized use prior to notifying ISP of the security breach.

User is solely responsible for User's personal files residing on System and for independent backup of data stored thereon.

Expert Net's dialup accounts are flat rate for normal and reasonable metered usage. As the previous sentence says, there are limitations on such usage. Those limitations are spelled out here and in the Expert Net Acceptable Use Standards. If the User is continuously using the Expert Net system, by means of continuous manual keying activity, then the usage is unlimited, in the traditional sense of the word. However, if the Member's session is idle for a sufficient period of time, Expert Net reserves the right to terminate the session. Please see the Standards for details.

Concurrent dialups. Only one simultaneous dial-in per account. This means that you may not connect to more than one of Expert Net's modems at the same time. If you are found logged in more than once over separate modem connections, we will assume that your password has been compromised and will immediately suspend your account. There are some circumstances when we may permit multiple dial-ins for business accounts. CONCURRENT USAGE. EXPERT NET strictly prohibits more than one concurrent dialup connection per account unless otherwise agreed; concurrent usage serves as grounds for termination of Customer's account without a refund.

Disk allotments. Customers are allocated twenty-five megabytes of disk space for their home directory/web space. Customers are also allocated ten megabytes of disk space for their mail file. Mail files that are in excess of 10 megabytes of size are subject to complete removal. Mail file storage is for temporary storage of e-mail only.

Bandwidth/CPU usage. You may make whatever material you like available to the WWW as long as it is legal and it does not generate traffic in excess of 20 Megs per day (Personal accounts) or 35 Megs per day (Business accounts). For this reason, Expert Net does not allow hosting or storing of any adult-oriented materials here. If your Internet site suddenly takes up inordinately large amounts of bandwidth, we retain the right to restrict access to it for such interval, as we deem necessary to maintain availability of bandwidth for all users. Similarly, your actions/processes may not consume an unreasonable amount of system resources/CPU cycles, which Expert Net may determine in its sole discretion.

5.3 Acceptable Use Standards

ISP is dedicated to free speech. ISP imposes only those rules necessary to protect itself and its users. User is responsible for all information/data originating from or requested by its Account. User acknowledges that violation of any of the following standards shall damage ISP and the determination of the amount of such damage is impractical, therefore User agrees that it shall pay ISP liquidated damages of $1,000.00 per violation.

User may not use its Account for any unlawful or fraudulent purpose, or to transmit any material that violates any U.S., state, or city law or regulation or International Treaty.

User shall not send any material to the System that contains anything libelous, defamatory, infringing, threatening, obscene, abusive, harassing, vulgar, denigrating, profane, hateful, or racially or ethnically inflammatory, or which encourages criminal conduct. Expert Net does not allow hosting or storing of any adult-oriented materials here.

User shall not use System to flame, post spoilers (information about future TV show or movie endings), threaten, harass, stalk, abuse, personally attack, impersonate or otherwise violate the legal rights (including privacy and publicity) of others;

User shall not upload files that contain protected intellectual property (copyright, trademark, patent) or trade secrets unless User has the necessary rights thereto;

User shall not knowingly upload files that contain a virus or corrupt data;

User shall not send unsolicited commercial Email (Spam), Email chain letters, or mass electronic mailings or intercept or attempt to intercept others Email;

User shall not delete or falsify the source or any author attributions, legal notices, or proprietary designations or labels in a file it uploads;

A Noncommercial Account shall not advertise or solicit. User will not post advertising to discussion or news groups not intended for that purpose.

User shall not use System in a manner that adversely affects the availability of its resources to other users. It is not acceptable to stay connected to the Service if User is not actively using the Service. You agree that you may be temporarily disconnected after 20 minutes of inactivity.

User shall not use, any process, program, or tool that could be used for the purpose of guessing passwords, infiltrating private files or systems, gaining unauthorized access to protected and private network resources, stealing corporate secrets, hacking, or circumventing the security of any system.

User shall not use the Service so as to damage ISP's reputation.

Your failure to observe any of the foregoing limitations may result in civil or criminal liability, as well as suspension of your System access.

6.1 Price

All charges stated herein are exclusive of local, state or federal sales, use, excise, personal or other similar taxes or duties, and User shall pay any such charges or taxes.

ISP will provide a minimum of 14 days notice of any price increase. User will automatically benefit from any price reduction.

6.2 Payment Schedule

ISP will provide User an online Account Statement approximately as User incurs or pays its charges. Such Statement is User's sole ISP supplied means of Account review.

Each time you use Expert Net you agree and reaffirm that Expert Net is authorized to charge your designated card or withdraw funds via electronic funds transfer from your checking account by debit card, whichever situation applies.

You agree that Expert Net may, at its option, accumulate charges incurred during your billing cycle and submit them as one or more aggregate charges during or at the end of each cycle for electronic funds transfer from your checking account or credit card as applicable. This means that accumulated charges may appear on the statement you receive from your bank or card issuer. Further, you agree that Expert Net may delay obtaining authorization from your card issuer until submission of the accumulated charges.

ISP will accumulate charges above the prepaid amount and charge them to User monthly.

Unless User notifies ISP of any inaccurate charges within 60 days after they first appear in User's online account statement, User accepts that all such charges are valid, including for resolution of inquiries made by User's card issuer, and releases ISP from liability therefor.

If User timely notifies ISP of an inaccuracy, User must still pay its Account in full by the due date while ISP investigates.

User must promptly notify ISP of changes to the account number or expiration date of User's designated billing card or address.

6.3 Late or non-payment

ISP may charge User a 1.5%, or the lawful maximum, monthly compounded liquidated damage and late fee for delinquent Accounts.

User agrees to pay a returned check charge of $25.00 as required.

User agrees to pay ISP its reasonable expenses and fees incurred in enforcing its rights hereunder.

ISP may suspend unpaid Accounts without notice. Such interruption does not relieve User from the obligation to pay the Account. Only a written notice to terminate the Service relieves User of its obligation to pay.

7.1 Notice.

All notices under this agreement may be sent by electronic mail to the User's/ISP's Account, or by fax or conventional mail based on information in User's/ISP's Account. Each such notice shall be effective upon its initial receipt by the addressee.

7.2 Dispute Resolution Mechanism.

All claims, disputes and other matters in question arising out of or relating to this Agreement or its breach shall be decided by binding arbitration under the then current rules of Commercial Arbitration Service, LLC. This agreement to arbitrate shall be specifically enforceable. The award rendered by the arbitrator shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.

7.3 Entire Agreement.

It is expressly agreed that the provisions set forth herein constitute all the understandings and agreements between the parties and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect.

7.4 Severability.

If any adjudicator finds any of the provisions hereof invalid, they are to that extent deemed omitted and the remaining provisions shall remain in full force and effect.

7.5 Excusable Events

Neither party to this agreement shall be responsible for failure to fulfill its commitments in this agreement if such failure is due to any circumstances outside its reasonable direct control.

7.6 Assignment.

This Agreement shall be binding on the parties and their respective successors and assigns. User agrees not to assign the Account or any part thereof to any other party without prior written consent from ISP.

7.7 Waiver & Amendment.

A provision of or a right created under this agreement may not be waived except in writing signed by the party granting the waiver.

7.8 Time.

The laws of the State of Oregon govern the existence, validity and construction of this Agreement.