__________________________________________________________________________ Northwest Nexus: Terms and Conditions 1. The services (the "NNI services") provided to you by Northwest Nexus, Inc. ("NNI") are subject to these Terms and Conditions. These Terms and Conditions set forth the entire agreement between NNI and you with regard to the NNI services. If any of these Terms and Conditions are unacceptable to you, you may terminate your account as provided in section 13 below. Your use of NNI services shall be conclusively deemed acceptance of these Terms and Conditions by you. 2. YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD. You are fully responsible for how your account is used and all activities conducted through your account. You may allow others to occasionally use it, but you are fully responsible for what they do. 3. You shall pay for the NNI services according to the NNI billing policies then in effect. The NNI billing policies are available at: Payment will only be accepted in U.S. dollars. If NNI does not receive your payment when due, your account may be terminated. Termination of your account does not remove your responsibility to pay all fees incurred up to the date the account was canceled including any attorney fees and collection fees incurred by NNI to collect such payment. You are responsible for providing all modems, telephone lines, personal computer and other equipment necessary to use the NNI service and for payment of all telephone charges you incur in connecting to NNI. If you use another organization's networks or computing resources, you are subject to their respective permission and usage policies. You agree to notify NNI of any changes in your account information, such as your address or telephone number. 4. ALL USE OF THE NNI SERVICES AND THE INTERNET IS AT YOUR SOLE RISK. THE NNI SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. You release NNI from and NNI shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the NNI services including, but not limited to, loss of data from delays, non- deliveries, mis-deliveries, or service interruptions even if the same is caused by NNI's negligence. Without limiting the generality of the foregoing, NNI disclaims any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the NNI services. In no event shall NNI's aggregate liability exceed the amount paid by you to NNI for the NNI services. Some states do not allow the exclusion or limitation of liability, and in such states NNI's liability is limited to the full extent permitted by law. Use of any information obtained via the NNI service is at your own risk. NNI shall have no responsibility for the accuracy or quality of information obtained through any NNI services. 5. NNI's services may only be used for lawful purposes. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. This includes, but it not limited to: reproduction or transmission of copyright or trademarked material without the permission of the owner, transmission of threatening, lewd, lascivious, indecent or obscene material, transmission of material protected by trade secret or using your account to make, create, solicit or transmit any obscene or indecent material to or from any person under eighteen (18) years of age. You shall defend, indemnify and hold harmless NNI from and against any claims, liabilities and expenses, including attorneys fees, resulting from your use of the NNI service or your account in an unlawful manner or otherwise in violation of the Terms and Conditions. At NNI's discretion, NNI may revoke your access to NNI services or account for inappropriate usage. 6. These Terms and Conditions are subject to change by NNI from time to time effective ten(10) days after the new Terms and Conditions are published by NNI at www.nwnexus.com. A current copy will also be available from NNI customer service. If any new Terms and Conditions are unacceptable to you, you may terminate your account by giving written notice of termination to NNI as provided in Section 13 below. Continued usage of your account after new Terms and Conditions have gone into effect constitutes acceptance of those new Terms and Conditions. We encourage you to regularly check for Terms and Conditions updates. 7. All use of NNI services is subject to the specifications and guidelines associated with each service. NNI service specifications are available at www.nwnexus.com, or can be obtained by contacting a Nexus service representative. 8. Any network address assignments issued by NNI (i.e., Class C address space) are the property of NNI and are considered to be "loaned" to its customers. In the event service with NNI is discontinued for any reason, such addresses will revert to NNI. 9. All NNI services are for end-user use only and may not be resold to third parties without a separate reseller agreement on file with NNI. 10. NNI may list your e-mail information in relevant Internet directories, such as InterNIC, WAIS or X.500 services. 11. NNI reserves the right to cancel the NNI service at any time and for any reason and to reimburse you any unused fees where appropriate on a pro-rata basis. 12. Some of the information available on NNI systems, such as postings in the ClariNet newsgroups, is protected by copyright. Unless you have permission from the copyright holder, you shall not redistribute this information to others, including use of this information on radio, television, or in printed media such as newspapers, magazines or newsletters. 13. You may cancel your account at any time by providing written notice to NNI. You will still be responsible for any fees incurred up to the last day of the bill cycle you cancel in. 14. These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order or payment submitted. These terms and Conditions shall be governed by the laws of the state of Washington, without reference to its choice of law principles. (27-Jun-96/nwntac/TLV) ___________________________________________________________________________ Copyright 1996 Northwest Nexus Inc. All Rights Reserved. This document may not be reproduced nor redistributed in any form without express permission; contact us at support@halcyon.com with questions.