> Subscription Requirements

Subscribers must be at least 18 years old. Local access dial-up numbers may not be available in all areas. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long distance, toll, or other charges. D&E Jazzd is not responsible for any long distance, toll or other telecommunications charges you incur. Toll-free (800#) and simultaneous login access costs are extra. Current prices for D&E Jazzd's Services are posted throughout our website at http://www.dejazzd.com. These rates may also be obtained by calling 1-877-905-2993. D&E Jazzd reserves the right to change prices and institute new fees at any time upon 30 days prior notice to Subscribers.

> Payment Obligations of Subscribers

Subscribers must a) provide D&E Jazzd with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and b) report to D&E Jazzd all changes to this information within 30 days of the change. Subscribers are responsible for any charges to their account.

Subscribers having questions regarding charges to an account should contact Customer Service at 1-877-905-2993. All charges are considered valid unless disputed in writing within 60 days of the billing date. Adjustments will not be made for charges that are more than 60 days old.

Charges are billed to Subscribers' credit cards or debit cards, as applicable, each month for the basic service and any additional usage or service. D&E Jazzd is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by D&E Jazzd.

If paying by check, payments are due within 30 days after the month in which the charges are incurred.
If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan.

If you purchase Services through a reseller who in turn pays D&E Jazzd, the reseller must pay all amounts owing for your account. If the reseller fails to pay D&E Jazzd any amounts due--whether or not you have paid the reseller--your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due.

Delinquent accounts may be suspended or cancelled at D&E Jazzd's sole discretion; however, charges will continue to accrue until the account is cancelled. D&E Jazzd may bill an additional charge to reinstate a suspended account.

> Subscriber's Account, Password and Security

Upon registration, Subscribers receive a username, password, and account designation. You and members of your household or business, if you have purchased a business account, are the only authorized users of your D&E Jazzd account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify D&E Jazzd immediately upon discovering any unauthorized use of your account.

Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. E-mail accounts exceeding 30MB in size may, at D&E Jazzd's discretion, be transferred to a compressed temporary file or storage. D&E Jazzd may delete the temporary file from the server 60 days after notifying you. Any free Website exceeding 10MB may be suspended until the Subscriber reduces the disk space usage to 10MB or less or purchases additional megabytes. You may establish a commercial or high-volume account by calling 1-877-905-2993.

Subscribers agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it. Subscribers agree not to provide any public information services over a dial-up connection.

D&E Jazzd may change its POP numbers at any time. D&E Jazzd reserves the right to direct Subscribers to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords and e-mail addresses are D&E Jazzd's property and D&E Jazzd may alter or replace them at any time.

> Monitoring the Services

D&E Jazzd has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if D&E Jazzd, at its sole discretion, believes that it is reasonable to do so, including to satisfy laws, regulations, or governmental or legal requests; to operate the Services properly; or to protect itself and its Subscribers. Please see our Privacy Policy. D&E Jazzd may immediately remove your material or information from D&E Jazzd's servers, in whole or in part, which D&E Jazzd determines, in its sole discretion, to infringe upon another's property rights or to violate our Acceptable Use Policy.

> Disclaimer of Warranties and Limitation of Liability

EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY D&E JAZZD, D&E JAZZD DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR WHICH MAY BE OFFENSIVE TO YOU. D&E JAZZD HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS , AND OTHER INFORMATION, AND THE QUALITY AND THE MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. D&E JAZZD DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. D&E JAZZD MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH D&E JAZZD OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY D&E JAZZD OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. D&E JAZZD AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, D&E JAZZD'S CUMULATIVE LIABILITY TO ANY SUBSCRIBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.

> Software License

D&E Jazzd grants to each Subscriber a limited, nonexclusive, nontransferable and nonassignable license to install and use the D&E Jazzd access software (including software from third party vendors that D&E Jazzd distributes, in object code format), its associated documentation, and any updates thereto ("Licensed Programs") in order to access and utilize the Services. Each Subscriber agrees to use the Licensed Programs solely in conjunction with the Services and for no other purposes. D&E Jazzd may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to a Subscriber.

The Licensed Programs constitute confidential and proprietary information of D&E Jazzd and D&E Jazzd's licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Programs, including associated intellectual property rights, are and shall remain with D&E Jazzd and D&E Jazzd's licensors. Subscribers shall not translate, decompile, reverse engineer, distribute, remarket, or otherwise dispose of the Licensed Programs or any part thereof.

You may not download, use or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Contractor/manufacturer is D&E Jazzd, 124 East Main Street, Ephrata, Pennsylvania 17522.

> Website Usage

Our site on the World Wide Web with its home pages in the domain "dejazzd.com" or any other site operated by D&E Jazzd is a complimentary information service offered by D&E Jazzd at no extra charge to users.

We may provide links on the Website to other Websites which are not under our control. In general, any Website which has an address (or URL) which does not contain "dejazzd.com" is such a Website. These links are provided for convenience only and are not intended as an endorsement by D&E Jazzd of the organization or individual operating the Website or a warranty of any type regarding the Website or the information on the Website.

You may provide a hypertext link to our Website on another Website, provided that: a) the link must be clearly marked "D&E Jazzd", b) the link must "point" to the URL "http://www.dejazzd.com" and not to any other pages within the Website, c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademark, d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by D&E Jazzd, e) the link, when activated by the user, must display this Website full-screen and not within a "frame" on the linked Website, and f) D&E Jazzd may, in its sole discretion, revoke consent to link to our Website at any time. All other hypertext links to the Website must be approved in advance and in writing by D&E Jazzd.

Some portions of the Website are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by D&E Jazzd. D&E Jazzd assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold D&E Jazzd harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify D&E Jazzd from any claims made by third parties regarding material that you provide. Personal information posted by you to the Website is posted at your own risk. D&E Jazzd will have no liability arising from the use of that information. You shall not use the Website to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Website.

Your posting of material on the Website or providing material to D&E Jazzd to use on the Website will be deemed to be a grant by you to D&E Jazzd of a license to the material to include the material on the Website and to reproduce, publish, distribute, perform, display and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material.

> Term of Agreement

Continued use of the Services constitutes acceptance of this Agreement, its terms and conditions, as well as any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Subscriber, to terminate your account.

> Account Termination

You may terminate your account at any time and for any reason by providing notice of intent to terminate to D&E Jazzd by a) telephone calls directed to 1-877-905-2993 or by registered or certified mail addressed to D&E Jazzd, att: Customer Service, 124 East Main Street, Ephrata, PA 17522. To terminate DSL service, you must call 1-877-905-2993. To terminate Web hosting and/or Business Services, you must call 1-877-905-2993.

> E-mail termination of any account will not be accepted.

Your termination will only be complete upon your receipt of a cancellation confirmation number from D&E Jazzd. Charges to your account will stop accruing the day D&E Jazzd provides you with a cancellation confirmation number. Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation. E-mail cancellation requests will not be honored. If your account included space on D&E Jazzd's servers, anything stored on this space will be deleted upon termination.

Without prior notice, D&E Jazzd may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including without limitation, if D&E Jazzd , in its sole discretion, believes that you have violated this Agreement, its terms and conditions, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due.

D&E Jazzd may provide termination notice to you by e-mail addressed to your e-mail account or by US Mail or by courier to the address you provided for the Services. All notices to you shall be deemed effective on the first calendar day following the date of electronic mailing or on the fourth calendar day following the date of first-class mailing or deposit with a commercial courier service.

The following sections of this Agreement shall survive termination of this Agreement: Payment Obligations; Subscriber's Account, Password and Security; Disclaimer of Warranties and Limitations of Liability; and Jurisdiction.

> Jurisdiction

Under Pennsylvania law, Subscribers or Visitors who are residents of Pennsylvania are entitled to the following specific consumer rights information: the Bureau of Consumer Services can be contacted in writing at PA Public Utility Commission, PO Box 3265, Harrisburg, PA 17105 or by telephone at 1-800-782-1110 (toll-free).

This Agreement is governed by Pennsylvania law without regard to conflict of law provisions.

The federal and state courts located in Pennsylvania alone have jurisdiction over all disputes arising out of or related to this Agreement, its terms and conditions, and the Services. You consent to the personal jurisdiction of such courts sitting in Pennsylvania with respect to such matters or otherwise between you and D&E Jazzd, and waive your rights to removal or consent to removal.

> Miscellaneous

This Agreement, its terms and conditions, the Acceptable Use Policy, the Privacy Policy, and D&E Jazzd's other user policies posted on D&E Jazzd's Website constitute the entire Agreement between you and D&E Jazzd with respect to your use of the Services.

D&E Jazzd may revise, amend or modify this Agreement, its terms and conditions, the Acceptable Use Policy and any other user policies and agreements, at any time and in any manner. Notice of any revision, amendment or modification will be posted on D&E Jazzd's Website (http://www.dejazzd.com) and/or Subscriber's start pages and/or by e-mail and/or in our various publications and mailings to Subscribers.