Terms and Conditions

1. General. WorldPath Internet Services (hereafter referred to as "WPI") offers Internet access and related services through its system to its subscribers. WPI does not and cannot control the content, quality or accuracy of information available through its system or over the Internet in general. These terms and conditions of sale set forth the basic rules and conditions which apply to the use of WPI's services and its system. WPI at its sole discretion may change these terms and conditions in the future upon notice published on-line or otherwise provided by WPI. By using WPI's services and system, a subscriber agrees to comply with the terms and conditions of sale as published on-line or otherwise available from WPI from time to time. If any change to the terms or conditions of sale, WPI's services, system or pricing is unacceptable to a subscriber, the subscriber may terminate its account in accordance with Section 5 below.

Telephone Charges... WorldPath Internet Services assumes no responsibility for any phone charges incurred by our subscribers while accessing WorldPath Internet Services. Any disputes regarding phone charges are strictly between the customer and their local phone company or long distance provider.

Registration... Subscriber certifies to WPI that he/she is an entity or individual at least eighteen (18) years of age.

On-line Conduct... Any action by a subscriber or other user of WPI services or system who in the sole opinion of WorldPath Internet Services restricts or inhibits other subscribers or users' use and enjoyment of the WPI services and system is strictly prohibited and may result in the immediate termination. Actions such as: the use of vulgar language, committing or discussing with the intention to commit, illegal activities, is strictly prohibited.

2. Lawful Use. WPI's services and system may only be used for lawful purposes and consistent with all rights of other parties. Transmission of material, information or software in violation of any local, state or federal law is prohibited and is a breach of the terms of the service agreement. The subscriber and permitted users specifically agrees not to upload, post, or reproduce in any way materials protected by copyright without permission of the copyright owner. Without limiting the foregoing, WPI's services and system shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory. It is Worldpath Internet Services policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For directions and more information, please see Digital Millennium Copyright Act Information. Use and access to other networks through WPI's system must comply with the rules for such other networks.

3. Changes to Service. The services provided by WPI and WPI's system are expected to change from time to time. WPI reserves the right to change any service offered or the features of any service offered or its system without notice, including changes to access and use procedures, such as idle disconnection's, and system hardware and software.

4. Payment Terms. A subscriber must pay fees per WPI's rate schedule in effect from time to time as a condition to obtaining access to WPI's services and system. Rate changes will be effective when published on-line or otherwise provided to subscribers. Payment terms of monthly fees are net 10 days. Payments not made within 27 days of billing date are considered delinquent. Delinquent accounts are subject to immediate suspension and/or termination without notice. Monthly charges will not be prorated. Early termination of a prepaid plan will result in billing at the regular monthly service rate for the period of service provided. WorldPath will not be responsible for any bank fees. Rates do not include applicable taxes and regulatory fees.

5. Termination and Suspension. Either subscriber or WPI may, at its sole discretion, terminate the subscriber's account at any time with or without reason. WPI also may, at its sole discretion, suspend a subscriber's account at any time with or without reason. Monthly charges will not be prorated. TERMINATION OR SUSPENSION DOES NOT RELEASE LIABILITY FOR CHARGES DUE. WPI may delete all data, files or other information that is stored in subscriber's account upon suspension or termination.

6. Software. As a courtesy to subscribers, WPI has accumulated a library of software which is "shareware" or "freeware". WPI is not the author of or otherwise responsible for any of such software or engaged in the sale or licensing of such software. WPI MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO FREEWARE OR SHAREWARE AVAILABLE TO SUBSCRIBERS. WPI ACCEPTS NO LIABILITY OF ANY KIND WITH RESPECT TO SUCH SOFTWARE OR ANY DAMAGES RESULTING FROM USE THEREOF. SUBSCRIBER AND ANY OTHER USER ASSUMES ALL RISK OF ALL KINDS WITH RESPECT TO SUCH SOFTWARE. SUBSCRIBER AND NOT WPI MUST PAY ALL SHAREWARE LICENSE FEES. NO SUBSCRIBER OR PERMITTED USER WILL ASSERT ANY CLAIM AGAINST WPI WITH RESPECT TO ANY SHAREWARE OR FREEWARE OBTAINED THROUGH WPI.

7. No Warranty; Limitation of Liability. USE OF WPI'S SERVICES AND SYSTEM AND THE INTERNET IN GENERAL IS AT SUBSCRIBERS OR PERMITTED USER'S SOLE RISK. WPI DOES NOT WARRANT THAT ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES WPI MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEM OR THE INTERNET IN GENERAL. WPI'S SERVICES AND SYSTEM ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATION OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL WPI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. THE MAXIMUM LIABILITY OF WPI TO ANY SUBSCRIBER OR USER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO WPI'S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER OR USER TO WPI DURING THE SIX MONTH PERIOD PRECEDING THE CLAIM.

8. Indemnity. The subscriber agrees to indemnify and hold harmless WPI, its directors, officers, shareholders, agents, employees and its other subscribers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of subscriber's account whether or not authorized.

9. Non-Transferability. Subscriber's account and rights to use WPI's services and system is not transferable without WPI's consent. Subscriber agrees to protect its password and account and to keep them secure from unauthorized users and use.

10. Confidentiality. Electronic mail and other transmissions passing over the Internet and through WPI's system are not confidential. Accordingly, WPI does not guarantee the protection or privacy of any information of any subscriber or permitted user using WPI's services or system. WPI and its agents will not disclose any information unless required to operate its system or pursuant to a court order, subpoena, or similar legal request or otherwise on the advice of counsel.

11. Interpretation. These terms and conditions set forth here supersede all other written and oral communications or agreements with regard to this subject matter. A waiver or modification of these terms and conditions shall only be effective if in a writing signed by an authorized officer of WPI. These terms and conditions shall be governed by and interpreted in accordance with the laws of the State of New Hampshire without regard to choice of law principles.

12. Hardware and Equipment. Any and all equipment or hardware installed by WPI / BayRing at a customer's location is the sole property of WPI / BayRing. Upon termination of the service the customer will be required to return all equipment in good working order within fifteen days from the date of disconnect. WPI / BayRing reserves the right to collect all costs associated, and charge the customer appropriately, for any unreturned or damaged equipment / hardware.

13. Email. WorldPath Internet Services performs regular, routine maintenance on our email servers without notification to our subscribers. This maintenance includes the permanent deletion and removal of messages within individual mail spools in order to reduce the spool to a reasonable size. Mail spools that contain an unusually large number of messages and/or unusually large messages are likely to be subject to the deletion of messages. Our email server is not meant as a means for long term or backup storage of email or other data. Worldpath Internet Services strongly recommends that subscribers regularly remove their critical email messages from our servers and store those messages locally.