Terms and Conditions of Service

1. General. Total Net NH offers Internet access and related services through its system to its subscribers. Total Net NH 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 which apply to Total Net NH's services and use of its system. Total Net NH may change these terms and conditions of sale in the future upon notice published on-line or otherwise provided by Total Net NH. By using Total Net NH's services and system, a subscriber agrees to comply with the terms and conditions of sale as published on-line or otherwise available from Total Net NH from time to time. If any change to the terms or conditions of sale, Total Net NH's services, system or pricing is unacceptable to a subscriber, the subscriber may terminate its account in accordance with Section 5 below.
   
2. Lawful Use. Total Net NH's services and system may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, Total Net NH'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. Use and access to other networks through Total Net NH's system must comply with the rules for such other networks.
   Specifically, we wish to remind all Total Net NH's users of the following:
   

   "By US code Title 47, Sec.227(a)(2)(B), a computer/modem/printer meets the definition of a telephone fax machine. By Sec.227(b)(1)(c), it is unlawful to send any unsolicited advertisements to such equipment. by Sec.227(b)(3)(c), a violation of the aforementioned Section is punishable by action to recover actual monetary loss, or $500, whichever is greater, for each violation."

3. Changes to Service. The services provided by Total Net NH and Total Net NH's system are expected to change from time to time. Total Net NH 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 disconnections, and system hardware and software.
   
4. Payment Terms. A subscriber must pay fees per Total Net NH's rate schedule in effect from time to time as a condition to obtaining access to Total Net NH'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 15 days of billing date are considered delinquent. Delinquent accounts are subject to immediate suspension and/or termination without notice. Monthly charges will not be pro-rated.
   
5. Termination and Suspension. Either subscriber or Total Net NH may, at its sole discretion, terminate the subscriber's account at any time with or without reason. Total Net NH also may, at its sole discretion, suspend a subscriber's account at any time with or without reason. Monthly charges will not be pro-rated. TERMINATION OR SUSPENSION DOES NOT RELEASE LIABILITY FOR CHARGES DUE. Total Net NH may delete all data, files or other information that is stored in subscriber's account upon termination.
   
6. Software. As a courtesy to subscribers, Total Net NH has accumulated a library of software which is "shareware" or "freeware". Total Net NH is not the author of or otherwise responsible for any of such software or engaged in the sale or licensing of such software. Total Net NH MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO FREEWARE OR SHAREWARE AVAILABLE TO SUBSCRIBERS. Total Net NH 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 Total Net NH MUST PAY ALL SHAREWARE LICENSE FEES. NO SUBSCRIBER OR USER WILL ASSERT ANY CLAIM AGAINST Total Net NH WITH RESPECT TO ANY SHAREWARE OR FREEWARE OBTAINED THROUGH Total Net NH.
   
7. No Warranty; Limitation of Liability. USE OF Total Net NH's SERVICES AND SYSTEM AND THE INTERNET IN GENERAL IS AT USER'S SOLE RISK. Total Net NH DOES NOT WARRANT THAT ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES Total Net NH MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEM OR THE INTERNET IN GENERAL. Total Net NH'S SERVICES AND SYSTEM ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT 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 Total Net NH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. THE MAXIMUM LIABILITY OF Total Net NH TO ANY SUBSCRIBER OR USER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO Total Net NH'S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER OR USER TO Total Net NH DURING THE SIX MONTH PERIOD PRECEDING THE CLAIM.
   
8. Indemnity. The subscriber agrees to indemnify and hold harmless Total Net NH, 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 right to use Total Net NH's services and system is not transferable without Total Net NH'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 Total Net NH's system are not confidential. Accordingly, Total Net NH cannot guarantee the protection or privacy of any information of any user. Total Net NH reserves the right to monitor a user's mail and transmissions as a necessary incident to providing service and otherwise to protect the rights or property of Total Net NH. Total Net NH will not disclose any such 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 supersede all other written and oral communications or agreements with regard to the 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 Total Net NH. 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.