1.4 If you wish to receive any special offers or communications from ISP on behalf of ICPs, check "yes" on the member's option line that appears on the Clearfield Internet Access sign-up page. If you check "no" on the member's option line when you sign up with our service, but wish to become a member after you join, you may notify ISP through E-Mail or in writing at the address listed in the member service contract. However, a subsequent change of the "member's option" election will not affect your receipt of offers and communications from ISP (on behalf of ICPs) that are processed before you notify ISP that you have changed your "member's option" election.

1.5 Locator information and individual information will be processed and stored by ISP in the United States and, if you do not live in the United States, possibly in your country of residence. You may contact ISP to determine whether such information has been accurately recorded and, if not, to request correction of any inaccuracies in the information recorded by ISP.

2. Clearfield Internet Access Usage.

2.1 You may send and receive electronic mail ("Email"), engage in conferences and chats, download and upload files and otherwise use Clearfield Internet Access as permitted by this Agreement, Clearfield Internet Access's policies and applicable law. Files that you upload and your activity in conferences and chats are subject to review, modification and deletion without notice by the forum manager responsible for the area where your uploading or other activity takes place (or by an individual designated by the forum manager for such purpose). Clearfield Internet Access policies relating to online conduct, storage and deletion of Email and uploaded files, conferences, bulletin boards ("BBSs") and other matters are available online. ISP reserves the right in its sole discretion to change CLEARFIELD INTERNET ACCESS's policies at any time. Files uploaded to a BBS may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them.

2.2 You are responsible for your communications via Clearfield Internet Access. You may not, under any circumstances, do any of the following: (a) publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful material or information via Clearfield Internet Access; (b) use Clearfield Internet Access to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (c) intercept or attempt to intercept Email; (d) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; (e) upload files that contain a virus or corrupted data; (f) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS; (g) falsify the source or origin of software or other material contained in a file that you upload to a BBS; (h) use Clearfield Internet Access in a manner that adversely affects the availability of its resources to other Members; (i) send Email to Members for any purpose other than personal communication, including to advertise or offer to sell goods or services to other Members (except as otherwise expressly permitted by ISP); (j) download a file that you know (or reasonably should know) cannot be legally distributed via Clearfield Internet Access (a file may have been uploaded notwithstanding such illegality); or (k) act, or fail to act, in your use of Clearfield Internet Access, in a manner that is contrary to applicable law or regulation. Your failure to observe any of the foregoing limitations may result in civil or criminal liability, as well as termination of your membership.

2.3 You agree to (a) maintain all equipment required for your access to and use of Clearfield Internet Access; (b) maintain the security of your Member identification, password and other confidential information relating to your Clearfield Internet Access account; and (c) be responsible for all charges resulting from use of your Clearfield Internet Access account, including unauthorized use prior to your notifying ISP of such use and taking steps to prevent its further occurrence by changing your password. Information on how to protect the security of your Clearfield Internet Access account (including changing your password) is available online.

2.4 Either you or ISP may terminate your Clearfield Internet Access membership at any time, with or without cause, upon notice. ISP also reserves the right to terminate or suspend your Clearfield Internet Access membership without prior notice, but ISP will confirm such termination or suspension by subsequent notice.

3. Operation. ISP reserves complete and sole discretion with respect to the operation of Clearfield Internet Access. ISP may, among other things: (a) monitor conferences and chats and authorize restrictions on access thereto; (b) delete Email if it has not been accessed by a Member within the time established by ISP's policies; (c) subject to Section 1, make available to third parties information relating to Clearfield Internet Access and Members; and (d) withdraw, suspend or discontinue any functionality or feature of Clearfield Internet Access. ISP will not distribute uploaded files outside Clearfield Internet Access without the uploading member's consent but may include information about them in promotional materials and may make such information available to third parties for promotional purposes and you agree that files that you have uploaded to Clearfield Internet Access may be used in such manner and for such purposes. ISP will not review or monitor the contents of Email except as required or allowed by applicable law or legal process.

4. Member Representations. You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use Clearfield Internet Access in accordance with this Agreement. You agree to be financially responsible for your use of Clearfield Internet Access (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

5. Content. The ISP doesn't endorse or stand behind the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) provided on or by means of Clearfield Internet Access, other than information provided by authorized ISP spokespersons. Statements made in forums, conferences and chats reflect only the views of their authors. Neither forum managers nor ICPs are authorized ISP spokespersons, and their views do not necessarily reflect those of the ISP. Advice received via Clearfield Internet Access should not be relied upon for important personal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

6. Clearfield Internet Access Independent Content Providers. Third parties that independently provide content and offer services on Clearfield Internet Access are referred to herein as ICPs. Services provided by an ICP may be subject to additional charges, terms and conditions as it so determines. You agree to review any such additional charges, terms and conditions before using such services and that your use constitutes your acceptance thereof. You acknowledge that ISP may provide billing and collection services for certain online transactions, but that ISP is not a party to any transaction involving you and an ICP. You also agree that ISP is not liable for any costs or damages arising out of any dispute between you and an ICP with respect to your use of its service(s) or purchase of its product(s). This Agreement is for the benefit of ICPs, as well as the ISP, and they have the right to assert and enforce its provisions directly on their own behalf.

7. Ownership. All programs, services, processes, designs, software, technologies, trademarks, tradenames, inventions and materials comprising Clearfield Internet Access, and all services offered by ICPs, are wholly owned by the ISP and such ICPs, respectively. ISP has a compilation copyright in Clearfield Internet Access but does not possess, claim ownership of or exert control over individual uploaded files or the intellectual property contained therein. By uploading a file to a forum, you grant the forum manager for the forum the right to reproduce and distribute all information, software and other materials in the file. The forum manager may check uploaded files for viruses and may remove an uploaded file (in his or her sole discretion) upon determining that the file is inappropriate for the forum. The forum manager will notify you if a file that you have uploaded is removed. As between ISP, ICPs and you, you retain at all times full legal responsibility for software and other material contained in files which you upload to a forum.

8. No Warranties and Limitation of Liability.

8.1 CLEARFIELD INTERNET ACCESS AND ALL ITS SOFTWARE AND SERVICES ARE PROVIDED "AS IS," AND THE ISP MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. THE ISP MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING GOODS OR SERVICES PROVIDED BY ICPS. THE ISP DOESN'T WARRANT THAT ACCESS TO OR USE OF CLEARFIELD INTERNET ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT CLEARFIELD INTERNET ACCESS OR ITS SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. THE ISP EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATABILITY, SECURITY OR ACCURACY.

8.2 YOUR USE OF CLEARFIELD INTERNET ACCESS AND ALL OF ITS SOFTWARE AND SERVICES IS AT YOUR OWN RISK AND IS PROVIDED ON AN "AS IS" BASIS. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING CLEARFIELD INTERNET ACCESS SOFTWARE) OBTAINED THROUGH CLEARFIELD INTERNET ACCESS. YOU AGREE THAT ISP, AND PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES FOR CLEARFIELD INTERNET ACCESS WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE CLEARFIELD INTERNET ACCESS OR ANY OF ITS SOFTWARE OR SERVICES, OR THE ACTIONS OR INACTIONS OF ICPS OR THE GOODS OR SERVICES THEY PROVIDE, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF ISP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ISP'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF CLEARFIELD INTERNET ACCESS, EXCLUSIVE OF PAYMENTS RELATING TO GOODS AND SERVICES PURCHASED FROM ICPS. YOU HEREBY RELEASE THE ISP FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATION. NO ADVISE OR INFORMATION GIVEN BY ISP, OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. ISP, OR ITS CONTRACTORS OR EMPLOYEES MAKE NO WARRANTY THAT THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

9. Charges

9.1 You agree to pay all charges for your use of Clearfield Internet Access at the prices then in effect for your country of residence. All charges will be exclusive of value added ("VAT"), sales or other taxes. ISP reserves the right to change prices or institute new charges for access to or use of Clearfield Internet Access at any time upon not less than thirty (30) days' notice to Members. All changes will be posted online, and you are responsible for reviewing pricing information posted on Clearfield Internet Access regularly to obtain timely notice of such changes. Continued use of Clearfield Internet Access or non-termination of your membership after changes are posted constitutes your acceptance of the prices as modified by the posted changes. Your Clearfield Internet Access account balance may include charges incurred for your purchase of goods and services offered by ICPs. The payment terms applicable to such charges are as stated herein unless you are otherwise notified by ISP or the ICP from which you purchased such goods or services. You must pay all taxes due as a result of your use of Clearfield internet Access, including taxes on your purchase of goods and services from ICPs. VAT, sales and other applicable taxes charged will be included in the total charges listed on your online statement of Clearfield Internet Access charges, as described in Section 10.1.

9.2 Payment of your Clearfield Internet Access account balance is due monthly and, unless you have a qualified business account or have prearranged to pay by check for all monthly member fees & extra time charges, must be made by the credit or debit card designated by you for Clearfield Internet Access use and transactions. If your Clearfield Internet Access account is a qualified business account and is approved by ISP for corporate billing, charges will be accumulated, identified by Member identification number and invoiced on a monthly basis.

9.3 Charges are to be paid on a monthly basis in the currency in which billed. If the payment method for your Clearfield Internet Access account is by credit or debit card and payment is not received by ISP from the card issuer or its agents, you agree to pay all amounts due upon demand by ISP. Each time you use Clearfield Internet Access, you agree and reaffirm that ISP is authorized to charge your designated card or account. Your card issuer's agreement governs your use of your designated card in connection with Clearfield Internet Access, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that ISP may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that ISP may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer. You agree that if you want to see the components of accumulated charges, you will review your online statement of Clearfield Internet Access charges, as described in Section 10.1.

9.4 Your Clearfield Internet Access membership fee is payable in advance and is non-refundable. You agree that ISP may submit charges for your membership fee each month without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before ISP reasonably could act on your notice.

9.5 You must promptly notify ISP of changes to: (a) the account number or expiration date of your designated card; (b) your billing address; and (c) the name of each minor whom you have authorized to use your Clearfield Internet Access account. You must also promptly notify ISP if your card is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your Member identification or password.

9.6 YOU WILL INCUR CHARGES IN ADDITION TO THE MINIMUM MONTHLY CHARGE IF YOUR USAGE OF CLEARFIELD INTERNET ACCESS EXCEEDS THE NUMBER OF HOURS COVERED BY THE MINIMUM CHARGE. IF YOU ARE USING CLEARFIELD INTERNET ACCESS FROM CERTAIN LOCATIONS OUTSIDE THE UNITED STATES, YOU MAY ALSO INCUR CHARGES LEVIED BY YOUR LONG DISTANCE CARRIER TO ACCESS CLEARFIELD INTERNET ACCESS. IF ISP UPGRADES THE SOFTWARE USED FOR MEMBERS' ACCESS TO CLEARFIELD INTERNET ACCESS (OR TO ANY PARTICULAR FEATURE OF CLEARFIELD INTERNET ACCESS), ISP MAY CAUSE UPGRADED SOFTWARE TO BE DOWNLOADED AUTOMATICALLY TO YOUR MACHINE, IN WHICH EVENT YOU WILL BE RESPONSIBLE FOR ALL RESULTING CONNECT TIME CHARGES IN EXCESS OF THE TIME COVERED BY THE MINIMUM MONTHLY CHARGE.

10. Statements and Payment.

10.1 ISP will provide you with an online statement of charges on your Clearfield Internet Access account approximately as and when such charges are incurred and/or paid. Unless you notify ISP of any discrepancies or irregularities within thirty (30) days after they first appear in your online account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. YOU RELEASE ISP AND ALL ICPS FROM ALL LIABILITY AND CLAIM OF LOSS RESULTING FROM ANY ERROR OR DISCREPANCY THAT IS NOT REPORTED TO ISP WITHIN THIRTY (30) DAYS OF ITS PUBLICATION DATE.

10.2 ISP reserves the right to suspend or terminate your Clearfield Internet Access membership without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to ISP when ISP believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to ISP. For customers paying by check, ISP reserves the right to suspend your Clearfield Internet Access membership without notice upon non-payment of your account within the established grace period. All checks returned for non-sufficient funds will be charged a $25.00 return check fee for each occurrence. You agree to pay all amouts due within five days after the due date. Failure to do so will, at ISP discretion, result in a late charge on all amouts due or termination of service. The late charge will equal one and one-half percent (1 1/2%) of the past due amount per month until paid or, if such rate is in excess of the allowable rate, the maximum rate allowed by law. ISP reserves the right to refer your Clearfield Internet Access account to a third party for collection in the event of ongoing default.

11. Assignment; Household Use; Minors. Your Clearfield Internet Access membership is personal. Subject only to this Section 11, you agree not to assign, transfer or sublicense your rights as a Member. You may allow other members of your household to use your Clearfield Internet Access account, provided that you hereby agree to pay all charges that they incur and to be responsible for all other aspects of their usage. You acknowledge that you are aware that some areas of Clearfield Internet Access may contain material that is unsuitable for minors, and you agree to supervise usage by minors whom you permit to use your Clearfield Internet Access account.

12. Indemnification. You agree to indemnify the ISP from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your Clearfield Internet Access account, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other Members and infringement of intellectual property or other rights. ISP will notify you promptly of any claim for which the ISP seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to the ISP's interests, as reasonably determined by ISP.

13. Notices; Consent. Notices given by ISP to you will be given by Email via Clearfield Internet Access, or by a general posting on Clearfield Internet Access, or by conventional mail. In any matter requiring ISP's prior consent, such consent will be considered given only if made by in the foregoing manner by an authorized representative of ISP. Notices given by you to ISP must be given by Email via Clearfield Internet Access and addressed as set forth in Clearfield Internet Access's "Member Assistance" area, or by conventional mail. Notices to Clearfield Internet Access by conventional mail must be sent to CLEARFIELD INTERNET ACCESS, Attention: Member Services, 106 N 2nd Street,P.O. Box 1416, Clearfield, PA 16830.

14. Effective Date; Changes to Terms. This Agreement takes effect on the date on which you first use Clearfield Internet Access and continues until your Clearfield Internet Access membership is terminated either by you or by ISP. ISP RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY POSTING CHANGES ONLINE. YOU ARE RESPONSIBLE FOR REVIEWING REGULARLY INFORMATION POSTED ONLINE IN THE "MEMBER ASSISTANCE" AREA TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF CLEARFIELD INTERNET ACCESS AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.

15. General.

15.1 This Agreement is governed by the laws of the State of Pennsylvania, USA, and you consent to the exclusive jurisdiction and venue of courts in Clearfield County, Pennsylvania in all disputes arising out of or relating to your use of Clearfield Internet Access or your Clearfield Internet Access membership.

15.2 You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and ISP, as a result of your use of Clearfield Internet Access or your membership. You agree not to hold yourself out as a representative, agent or employee of ISP, and that the ISP will be liable by reason of any representation, act or omission to act by you.

15.3 ISP's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of ISP's right to comply with law enforcement requests or requirements relating to a Member's use of Clearfield Internet Access or information provided to or gathered by ISP with respect to such use.

15.4 This Agreement constitutes the entire agreement between the ISP and you with respect to your use of Clearfield Internet Access and your membership, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the ISP and you with respect thereto.