LIMITATION OF LIABILITY, DISCLAIMERS OF WARRANTIES AND TERMS OF SERVICE

Your subscribing to NetwurX and use of our service is subject to your acceptance of the following terms and conditions. These same terms and conditions will appear on your computer screen the first time you sign on to NetwurX and you will be asked to acknowledge that you have read, understood, accept and agree to be bound by them. These terms are to be considered your "NetwurX Contract" and outline our responsibilities to you, as well as yours to us. We encourage you to read all the terms and conditions before indicating your acceptance of them when activating your account during the initial "sign on."

Overview
In general, the limitations and disclaimers described below fall into two broad categories. Some limit NetwurX's liability to you. For example, we are not liable to you for interruptions in service and are not responsible for consequential damages. So, if you make dinner reservations over the Net, we do not guarantee you a table, and are not responsible for what happens when you don't get a table. Others are designed to protect NetwurX, our subscribers or third parties if you should use our service in a manner which violates U.S. Federal law, Wisconsin state law, or the laws of other states which may be applicable. NetwurX takes no responsibility for material posted by other NetwurX subscribers or any other person that you believe is offensive, obscene or defamatory. Likewise, any subscriber using NetwurX to publish or post defamatory or obscene material will indemnify NetwurX for any liability resulting from such use. In short, it is our goal to provide you with access to the Internet in as unrestricted manner as possible. In turn, we expect that you will be a responsible cyberspace citizen and use NetwurX in an honest, respectful and lawful manner.

Liability for Interruptions and Errors in Service:
(a) No Warranties, Express or Implied: NetwurX, for itself, its agents, contractors, employees, providers, and for any parent or subsidiary of NetwurX,  makes no warranties or representations as to the availability, content, quality or accuracy of the services, products or information provided. NETWURX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The laws of some states limit or do not allow the disclaimer of implied warranties. If the laws of such a state are found to any claim by or against NetwurX, the limitations and disclaimers contained here shall be to the greatest extent permitted by law.

(b) No Consequential Damages: NetwurX services are provided on an "AS IS" and "AS AVAILABLE" basis. You use NetwurX at your sole risk. NetwurX is not responsible for any direct, indirect, special or consequential damages resulting from the use of NetwurX, or any interruption, error or inaccuracy in the service or products provided. In other words, you agree that NetwurX is not responsible for loss or damage which you may sustain if NetwurX, does not perform up to your expectations, regardless of the cause. This would include, among other things, any loss or damage resulting from interruptions of service, delays, computer "viruses," the incomplete or inaccurate delivery, uploading or downloading of files or information and the failure to deliver or deletion of e-mail or other communications. In the event of a disruption of service, NetwurX's liability, if any, will be limited to the pro rata amount of any prepaid fees for the period of the month during which the interruption occurred. The laws of some states limit or do not allow the limitation or waiver of consequential damages. If the laws of such a state are found to any claim by or against NetwurX, the limitations and disclaimers contained here shall be to the greatest extent permitted by law.

Indemnity of NetwurX against Damage for Unlawful Use:
You agree to use NetwurX for only lawful purposes and in a manner consistent with any applicable federal or state law. You also agree to indemnify NetwurX and hold us harmless from all damages and loss, including any legal fees and expenses, NetwurX could or may sustain because of any use by you of our service which is may or does violate any federal or state law, or which results in NetwurX becoming liable to any third person or other entity.

(a)Defamation, Libel and Slander: NetwurX exercises no editorial control over the content of material, messages, images or other information posted by its subscribers or available on the Internet. NetwurX provides you with the ability to communicate and share information with other NetwurX subscribers, as well as other users of the Internet. Because of the amount of information available through our service, and through the Internet, in general, it is inevitable that there will be postings that are malicious or offensive in nature. To the extent you believe that something available through our service defames you or injures your reputation or character, in any manner, you agree to look solely to the person or persons responsible for posting the information. You acknowledge that NetwurX shall have no liability to you for the content of any information, images, or other material available through NetwurX, regardless whether such material is true or false, and regardless of whether such material may constitute libel or slander or result in liability on the part of the originator of the material under federal or state law. Similarly, while we discourage our subscribers from posting defamatory, offensive or malicious material, we do not expressly forbid such material or actively police our service to prevent the posting of such matters. In the event that you use NetwurX in any manner which results in NetwurX's being named in any legal action, civil or criminal, you agree to indemnify and hold NetwurX harmless from all loss or damages sustained by NetwurX, including costs incurred by NetwurX in defending such legal action.

(b)Obscene, Pornographic or "Adult" Material: Even persons with little or no experience on the Internet now know that there are files, text, and images available that are not appropriate for children or persons who are offended by matters having an explicit sexual content. Because NetwurX exercises no control over content, NetwurX assumes no liability for materials which may be offensive to some members. Likewise, NetwurX makes no representations that "Adult" or pornographic material is available through its service. NetwurX does not grant subscriptions to minors. We assume that any subscribers who allow their children access to NetwurX or any other Internet service provider will make every effort to supervise their children and exercise control over the content and areas of the Internet to which they are granted access. There are a number of commercially available products and software applications that are designed to provide a degree of "parental control." NetwurX, for its part, does not directly provide any parental controls and does not sponsor, endorse or make any representations as to the effectiveness of particular products or software applications designed for parental control. Remember, NetwurX is a doorway to the Internet. Be careful who and what you let in. By agreeing to use NetwurX in a lawful manner, you agree not to post any material which violates state or federal obscenity laws. The laws related to what may or not be obscene vary from place to place. Thus, we do not and cannot make any representations or set any standards for what may or may not be posted, transmitted, or available through NetwurX. You agree to indemnify NetwurX and hold us harmless from all liability, loss or damage NetwurX may incur, including legal fees and costs, as a result of your posting, uploading or downloading, or making available for downloading, any obscene, profane, sexually explicit or otherwise illegal material.

(c)Copyrighted Material: You agree not use NetwurX to transmit or duplicate any copyrighted or proprietary material, of any kind, without the express permission of the person or persons holding the copyright or otherwise having the right to use and publication of the material. This includes, but is not limited to, the transmitting of text, software applications, or graphic. NetwurX reserves the right, (but does not assume obligation) to remove any material posted or transmitted in violation of any federal or common law copyright law. You agree to indemnify NetwurX from any and all loss, damages or liability, including legal fees and costs, NetwurX sustains as a result of the use of the service in any manner which violates any copyright law or in any manner which infringes on the property rights of others.

Privacy:
NetwurX is not to be considered a secure communications medium for the purpose of the Electronic's Communications Privacy Act of 1986. NetwurX may (but has no obligation to) monitor, duplicate or retransmit any and all communications through or with its facilities to the extent necessary to properly manage the system or discharge any obligation imposed on NetwurX by law or by contract. NetwurX makes no representations as to the privacy or security to be given to any communications made through the system.

Equipment:
Any and all equipment obtained from NetwurX that is not purchased will need to be returned to NetwurX If your account should ever be terminated by you or NetwurX for any reason. Any and all equipment received from NetwurX that is not returned within 14 days of termination, will be subject to replacement fees and all deposit monies will be put towards the cost. Equipment returned must be in good working order. Any and all equipment that is subjected to physical or electrical stress, misuse, neglect, accident or abuse, or damaged via elements or otherwise while in your care is subject to all fees as listed above.

Billing Procedures:

Payment Policies and Terms:

Payment by Subscriber shall be due to NetwurX on the date of service. Invoice/email  customers will be mailed an invoice approximately 30 days prior to the due date.  Accounts remaining unpaid 7 to 14 days after the due date may be subject to a late fee and the subscriber shall be suspended until the account is paid in full. For any subscribers account that has been placed on suspended service due to delinquency may be charged a reactivation fee. In the event any balance is not paid as agreed, the customer agrees to pay a collections fee equal to 40% of the unpaid balance. In the event of a lawsuit to collect the unpaid balance, the undersigned further agrees to pay court costs and reasonable attorney's fees. A Twenty Five Dollar ($25.00) fee will be added to the subscriber account in the event of any bank returned check. In the event that more than one check is returned, we will only accept cash, credit card or certified funds for payment on the account. THERE IS A 30 DAY MONEY BACK GUARANTEE ON ANY SERVICE NOT INCLUDING INSTALL/WORKORDER FEES AND DAMAGED HARDWARE. After the initial 30 days the customer agrees to pay out their cycle.  NO REFUNDS FOR UNUSED SERVICE WILL BE ISSUED AFTER THE 30 DAYS HAS BEEN REACHED. All services are billed monthly, quarterly or annually. Monthly accounts may only be used if paid automatically via debit/credit card and are not invoiced. They are charged the day service is due and emailed a receipt. Quarterly and yearly accounts can also be set to auto debit or if you prefer, paper or email invoice. Customers wishing to be mailed a paper invoice are subject to a $1.50 fee per invoice

Customers may cancel at any time. Only customers canceling within 30 days of initial sign up receive 100% of their money back. ALL REFUND REQUESTS must be in writing via e-mail or via US mail. No refund request will be processed over the phone. Refund requests must be made within 90 days of cancellation. No refund request shall be honored after 90 days. All refunds will also be due any sales tax on the refunded amount. No refunds will be given to customers canceling after the 30 day initial sign up period.

Other Rules and Restrictions for Use of NetwurX:
NetwurX reserves the right, in its sole discretion, to terminate the account of any subscriber whose use of the system unduly interferes with the use of other subscribers or threatens the integrity of the services and products provided by NetwurX or violates any state or federal laws applicable. Below are some of the rules and restrictions NetwurX, will apply in determining whether to terminate an account. This list is not intended as a comprehensive or exclusive list, and NetwurX reserves the right to modify its rules and restrictions at any time.

a) You agree not to "hack," "crack" or attempt to gain root access to our system.

b) You agree not to "Spam" or flood the Usenet or particular newsgroups with posts unrelated to the topic or for the purpose of harassment or annoyance.

c) You agree not to send unsolicited e-mails in bulk or singularly.

d) You agree not to send any communications considered undesirable or Spam like to any person(s).

e) You agree not to deliberately attempt or cause traffic levels at NetwurX to rise for malicious purposes or without cause, or to abuse the system and its resources in any manner which could or may compromise or impair access to NetwurX by other persons. This includes, but is not limited to the use of "bots" "flooding" or "mailbombing."

f) You agree not to "ping" the system, or otherwise interfere with NetwurX's ability to determine whether a connection is active or idle.

g) You will not give your password or account information to any other person.

h) You agree not to make NetwurX's system files public or available to other Internet users.

i) You may use only one dial-in at a time and agree to logoff after each session.

j) Telco Charges - Local dial-up access numbers may not be available in all areas. It is the Subscriber's sole responsibility to determine if use of a particular NetwurX dial-up number will cause them to incur long-distance, toll, or other charges. NetwurX is not responsible for any long-distance or toll charges incurred by Subscriber's use of NetwurX's Internet Service. Subscribers are solely responsible for all telecommunications charges including local and long-distance telephone charges for connection to the service by the Subscriber and by those who access the service through the Subscriber's account. NetwurX is not responsible for any long distance phone charges the subscriber may incur from the use of NetwurX services.

Choice of Law:
Cyberspace is a pretty big place, and its boundaries are not well defined. As a result, you agree that any and all claims, suits or other disputes arising from your use or membership in NetwurX shall be determined in accordance with the laws of the State of Wisconsin, in the event NetwurX is made a party thereto. All actions, whether in contract or in tort, arising from your use or membership in NetwurX shall be brought in a state or federal court of competent jurisdiction situated in the State of Wisconsin.