STANDARD TERMS AND CONDITIONS

OF NKI INTERNET SERVICES

ADVISORY: ONCE YOU EXECUTE THE REGISTRATION PROFILE, THE FOLLOWING DOCUMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND NETWORK KONNECTION, INC. ("NKI"). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THESE TERMS AND CONDITIONS BECAUSE THEY DESCRIBE YOUR RIGHTS AND OBLIGATIONS WHEN YOU PURCHASE OR USE NKI’S INTERNET SERVICES. NKI WILL ASSUME THAT YOU HAVE REVIEWED THIS DOCUMENT CAREFULLY AND THAT YOU UNDERSTAND THE PROVISIONS IT CONTAINS BEFORE YOU ACCEPT SERVICE FROM NKI. NKI FURTHER ADVISES THAT YOU PERIODICALLY DOWNLOAD THESE STANDARD TERMS AND CONDITIONS FROM NKI’S INTERNET HOMEPAGE (www.netkonnect.net) WHILE YOU ARE A CUSTOMER OF NKI TO REVIEW ANY CHANGES THAT IT MIGHT CONTAIN.

1. Internet Services -- By completing and returning the Registration Profile, you accept an arrangement for Internet Services with Network Konnection, Inc. ("NKI"), an innovative, full service Internet Service Provider, to which the following terms and conditions apply. Under this arrangement:

a. You will receive the Internet Services which you designated in your Registration Profile, or as described in an Addendum which is mutually agreed to by you and NKI, in exchange for your payment of a Service Charge to NKI.

b. In addition, you will have the ability to obtain a host of customized integration and interoperability services which can be extremely valuable information tools for business or personal use. NKI can customize a package of additional information services for you and incorporate them into this arrangement with NKI as an Addendum. Contact NKI to discuss these customized service options.

2. Definitions -- The following terms which appear capitalized in this contract (except for the terms "you" or "your"), shall have the following meanings:

a. Addendum -- a separate document which is incorporated by reference into these Standard Terms and Conditions, the purpose of which is to change any of the terms or conditions herein as they pertain to you. An Addendum is valid only when it is discussed, agreed to and approved by both you and NKI.

b. Effective Date -- the date on which NKI acknowledges approval of your Registration Profile pursuant to paragraph 4 below.

c. Information -- material of any type capable of being posted or transmitted on the Internet by use of NKI’s Internet Services, including material in print, graphic or pictorial form.

d. Internet Services -- the service provided by NKI consisting of any combination of the Internet service options selected by you in the Registration Profile or described in an Addendum to which you and NKI mutually agree.

e. Internet System Components -- hardware and supporting services and materials which are necessary for access to the Internet.

f. NKI E-Mail Address -- on the Internet, sales@netkonnect.net.

g. NKI Homepage -- on the world-wide-web, the Internet site located at www.netkonnect.net.

h. NKI -- Network Konnection, Inc., a U.S. corporation whose headquarters are located at 152 Rollins Avenue, Suite 201, Rockville, Maryland, 20852; facsimile number 301-231-5150; telephone number is 301-231-5051.

i. PC -- the personal computer through which you access NKI’s Homepage or NKI’s Internet Services.

j. Registration Profile -- a separate document with the same title which is signed or otherwise agreed to by you into which these Standard Terms and Conditions are incorporated and which contains questions regarding your identification and service selections which must be completed by you.

k. Rights -- copyrights, trademarks, service marks, tradenames, trade dress, trade secrets and other intellectual property or other proprietary rights by law.

l. Service Charge -- the price charged by NKI for the provision of its Internet Services to you.

m. Term -- the period of time during which the Registration Profile is valid and these Standard Terms and Conditions are effective.

n. you or your -- a person or corporation as described in the Registration Profile associated with these Standard Terms and Conditions.

o. Validated Registration Profile -- the Registration Profile which has been signed or otherwise acknowledged by you and returned to NKI pursuant to paragraph 3 below.

3. Validation of the Registration Profile -- You automatically validate these Standard Terms and Conditions when you sign or otherwise accept the Registration Profile by one of the following methods:

a. On a hard copy of the Registration Profile, you type or print the information requested and sign your name with your own hand where designated and you return the completed Registration Profile to NKI’s headquarters office (see Definitions, NKI, above) by mail, facsimile or hand-delivery.

b. You download the Registration Profile from NKI’s Homepage to the word-processing function of your PC. You type in all of the information requested, as appropriate, on both documents and transmit the completed Registration Profile to NKI’s E-Mail Address in a format that is printable to NKI.

c. You access the Electronic Acceptance version of the Registration Profile from NKI’s Homepage. You complete all of the information fields, as appropriate, from your PC and you electronically return the completed Registration Profile to NKI by activating the Accept key on your PC screen.

4. Effective Date -- These Standard Terms and Conditions become effective on the date on which NKI accepts your Validated Registration Profile. NKI will communicate this acceptance to you. NKI is not obligated to accept your Validated Registration Profile for reasons including, but not limited to, your previous violation of these Standard Terms and Conditions.

5. Term of Agreement -- The Term of your arrangement with NKI including these Standard Terms and Conditions shall begin on the Effective Date and extend for a period of exactly one (1) year thereafter, unless and until:

a. a different Term is established by Addendum to these Standard Terms and Conditions; or

b. the arrangement for Internet Services is terminated by either you or NKI pursuant to the termination provisions of these Standard Terms and Conditions.

6. Service Charges -- Service Charges for NKI’s Internet Services shall be established by NKI at the time of NKI’s acceptance of the Registration Profile and will be communicated to you. NKI will determine the Service Charge based both on your selection of service options in your Registration Profile, or as otherwise described in an Addendum to which you and NKI have mutually agreed and, to the extent possible, on NKI’s advertised price list.

a. Payment to NKI may be made by check, money order or credit card, payable to Network Konnection, Inc. NKI will not issue invoices.

i. If payment is by check or money order, then payment is made by depositing the check or money order in the U.S. mail or in the hands of a reputable courier service, addressed to the attention of Accounting Department at NKI’s headquarters office (see Definitions, NKI).

ii. If payment is by credit card, then your credit card must be identified in your Registration Profile.

b. You must pay the full amount of the Service Charge within thirty (30) calendar days of the Effective Date .

c. If any instrument received in payment of your Service Charge is returned to NKI unpaid, your account will be considered in default, and, in addition to the amount due, you will be subject to a service charge of $25.00.

d. If your account is in default, you are subject to an interest charge of 1.5 percent per month, or the maximum allowable rate under state law. In addition, if you default on your account, you agree to pay NKI its reasonable expenses, including attorney’s fees and collection agency fees, incurred in enforcing NKI’s rights under these Standard Terms and Conditions.

e. If you or NKI terminates this arrangement for Internet Services at any time on or after the Effective Date, you shall be held responsible for full payment of the Service Charge. NKI will charge you no separate cancellation fee.

7. Termination -- Either you or NKI may terminate this arrangement for Internet Services for any reason at any time. You agree that termination is your only right with respect to any dissatisfaction with any (i) Information available on or through the Internet Services; (ii) term or condition of these Standard Terms and Conditions, or change thereto; or (iii) Service Charge, or change thereto.

a. You may terminate this arrangement for Internet Services by providing written notice to NKI, either by hand-delivery, courier, U.S. mail, facsimile or electronically to NKI’s E-mail Address. Your termination will be effective on the date your notice is actually received by NKI. NKI has a no refund policy

b. NKI values your business and will generally not exercise its authority to terminate this arrangement for Internet Services unless for acts or omissions by you which, in NKI’s sole discretion, constitute a violation of these Standard Terms and Conditions. In the event NKI decides to terminate this arrangement for Internet Services, such termination will be effective immediately and you will be notified by U.S. mail that a termination has occurred. Acts or omissions by you which may result in termination of this arrangement for Internet Services by NKI include, but are not limited to, the following:

i. Conduct which NKI regards as offensive or illegal, as described in paragraph 9 of these Standard Terms and Conditions, below.

ii. Failure to pay the Service Charge to NKI, including interest and any service charges or collection expenses as determined by NKI pursuant to these Standard Terms and Conditions.

iii. Delinquent payment of the Service Charge to NKI.

iv. Providing false information to NKI.

v. Failure to correct or update false information provided to NKI.

c. NKI is not obligated to provide you an opportunity to correct any acts or omissions which may warrant NKI to terminate this arrangement for Internet Services as described in subparagraph b, above. However, to the extent NKI attempts to correct any violations of these Standard Terms and Conditions, you shall not regard NKI’s efforts as a substitute for or a waiver of its right to terminate this arrangement for Internet Services at any time.

d. NKI is aware that you may, from time to time, permit a third party, including a friend or family member, to use your Internet Services. NKI will regard all acts or omissions by these third-party users as acts or omissions by you. Accordingly, NKI will hold you responsible for the consequences of all acts or omissions which violate these Standard Terms and Conditions, including violations which result in the termination of this arrangement for Internet Services, as if you had performed or failed to perform them yourself.

8. Your System Obligations -- Before you Validate the Registration Profile, you shall, as a minimum, have the following Internet System Components:

a. a PC capable of loading a TCP/IP stack.

b. a modem, if using dial-up access services.

c. a telephone line which uses a local access number.

NKI is not responsible for the operability or maintenance of your Internet System Components. NKI will not reimburse or pay any telephone charges for any reason.

9. Prohibition of Offensive Conduct -- In utilizing NKI’s Internet Services, you agree not to engage in the following offensive or illegal acts or omissions:

a. Third-Party Rights -- In the context below, Rights includes copyrights, trademarks, service marks, tradenames, trade dress, trade secrets and other intellectual property or other proprietary rights by law.

i. You agree not to post or transmit Information that is subject to another party’s Rights, on or through the Internet Services, without that party’s express permission. Such posting or transmitting may subject you to civil or criminal liability.

ii. You agree not to upload to software files, message boards, or otherwise post or transmit on or through the Internet Services, such Information that is subject to any Rights, unless you have received express authorization to distribute such Information on or through the Internet Services by the holder of such Rights.

b. Defamation -- You agree not to post or transmit any Information in violation of any applicable law of defamation.

c. Fraud -- You agree not to post or transmit any fraudulent Information on or through the Internet Services. This means any information that you know or have reason to know is false, and that you intend, or give the appearance that you intend, for others to rely on.

d. False Advertising -- You agree not to post or transmit on or through the Internet Services any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.

e. Unsolicited Advertising -- You agree not to post or transmit any unsolicited advertising, promotional materials, or other forms of solicitations to other subscribers, individuals, or entities, except in those areas that are designated for such a purpose, such as classified areas.

f. Obscenity -- You agree not to post or transmit any obscene or sexually explicit images or other Information on or through the Internet Services.

g. Harassment, Threats, and Abuse -- You agree not to use the Internet Services to harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or discomfort to any person or entity, by any means, including the use of vulgar, hateful, racially, ethnically, or otherwise objectionable Information.

h. False Pretenses -- You agree not to use the Internet Services to impersonate any person, including but not limited to, an NKI official or any other information provider, guide, or host, or to communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication, including but not limited to, screen names, subscriber profiles, chat dialogues and message postings.

i. Chain Letters -- You agree not to post or transmit chain letters, or letters or messages that offer a product or service based on the structure of a chain letter, on or through the Internet Services.

j. Inappropriate Content -- You agree not to post or transmit on or through the Internet Services Information that is patently inappropriate, including but not limited to information or topics not related to the topics focused on by the participants in a particular news group or mailing list.

k. Scrolling -- You agree not to cause the screen to scroll faster than other subscribers or users are able to type to it, or cause any action to a similar disruptive effect on or through the Internet Services.

l. Disruptive Activities -- You agree not to use the Internet Services to disrupt the normal flow of online dialogue, or otherwise act in a manner that negatively affects other subscribers, users, individuals, or entities.

m. Violations of Service Providers’ Rules -- You agree to not use the Internet Services to violate any operating rule, policy, or guideline of any other online service provider or interactive service.

n. Multiple Access -- You agree not to simultaneously access the Internet Services for more than one session at any time.

o. Transferability -- You agree not to transfer this arrangement for Internet Services to a third party.

p. Abuse of NKI Procedures -- You agree not to make knowingly false or speculative complaints against any of NKI’s other subscribers like you in connection with their use of the Internet Services.

q. System Abuse -- You agree not to abuse NKI’s system by which NKI provides its Internet Services by causing any harm to the system so that it inhibits the ability of other users to effectively use the system.

r. SPAM -- You agree not to post or cross post, regardless of the Information, the same Information to twenty (20) or more Internet locations.

10. Warranties by You --

a. You agree and warrant that by posting or transmitting Information to any public area (for example, public chat rooms, message boards, software libraries), you automatically grant and warrant that the owner of such Information has expressly granted NKI the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Information, in whole or part, worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any Rights that may exist in such Information.

b. You warrant and represent that you have completed the Registration Profile and that the information contained therein is accurate to the best of your knowledge and understanding and that you will notify NKI of any changes to the information you provided in the Registration Profile at your earliest opportunity.

c. If you are a corporation, you further warrant and represent that you are legally organized and competent to enter into this arrangement for Internet Services and that your representative whose signature appears on the Registration Profile is at least 18 years of age and is legally able to bind you to this contract.

11. No Warranties by NKI -- YOU AGREE THAT THE INTERNET SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," BASIS WITHOUT WARRANTIES OF ANY KIND BY NKI, EITHER EXPRESS OR IMPLIED.

Some states do not allow limitations on implied warranties, so the above may not apply to you.

12. Limitations on NKI Liability -- The Internet is not owned, operated, or managed by, or in any way affiliated with NKI or any of NKI’s affiliates. The Internet is an international computer network of both Federal and non-Federal inter-operable packed switched data networks. You agree that your use of NKI’s Internet Services as a means of access to the Internet is solely at your own risk.

a. NKI disclaims any and all loss or liability resulting from, but not limited to: (i) loss of data; (ii) loss of software or hardware; (iii) loss or liability resulting from access delays or access interruptions; (iv) loss or liability resulting from computer viruses; (v) loss or liability resulting from data non-delivery or data mis-delivery; (vi) any other loss or liability resulting from the negligent acts and/or omissions of NKI or NKI other subscribers like you; (vii) loss and liability resulting from any errors, omissions, or misstatements in any and all information, goods, or services obtained on or through the Access Service, and; (viii) loss or liability resulting from acts of God.

b. NKI cannot and will not guarantee that its Internet Services will provide Internet access that is sufficient to meet your needs.

c. NKI does not have the capability to monitor, review or restrict any Information made available by third parties on the Internet, nor to edit or remove any such Information after its posting on the Internet. You agree that neither NKI nor its affiliates shall be held responsible or liable, directly or indirectly, for any loss, liability of any nature or damage caused, or alleged to have been caused, by your use of, exposure to or reliance on, any Information, goods or services available on or through NKI’s Internet Services.

d. Please be advised that, despite NKI’s efforts, you may receive Information that you consider to be inaccurate, defamatory, or otherwise offensive. You agree that NKI will not be liable for any action or inaction with respect to any Information posted on or through the Internet Services and the Internet.

e. As a matter of policy and technical limitations, NKI does not pre-screen Information placed on its computer servers by you or any of its other subscribers. However, NKI has the right, but not the obligation, to remove Information from its computer servers which NKI, in its sole discretion, determines to be in violation of these Standard Terms and Conditions.

f. NKI has the right, but not the obligation, to monitor or disclose the contents of private communications if NKI, in its sole discretion, reasonably believes that such action is necessary (i) to comply with applicable law or valid legal process; (ii) to protect NKI’s rights or property; or (iii) in emergencies when a person’s physical safety is at issue.

13. Indemnification --

a. You agree to defend, release, indemnify, and hold NKI, its affiliated companies and licensors, harmless from all liabilities, claims and expenses, including without limitation reasonable attorney’s fees, arising from breach of these Standard Terms and Conditions by use of, or in connection with the posting or transmission of any Information by or through your account on the Internet Service.

b. You agree that NKI has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you pursuant to subparagraph a of this paragraph. In such event, you shall have no further obligations pursuant to this subparagraph a.

14. E-Mail Addresses -- NKI will use its best efforts to assign you an E-mail address in accordance with any preferences you may indicate in the Registration Profile. However, NKI expressly does not guarantee, warrant or assure that it will assign you a preferred E-mail address. Accordingly, you shall have no legal recourse against NKI regarding its assignment of an E-mail address.

15. Disconnection -- NKI will disconnect and end your Internet access session if your connection to NKI’s Internet Services has no activity for a period of 20 minutes.

16. NKI Information to Subscribers -- NKI reserves the right to distribute informative E-mails or direct postal mailings to you and its other subscribers on a periodic basis, at NKI’s sole discretion. These informative mailings are predominately intended to notify you and other subscribers concerning system upgrades and changes, the quality of NKI’s services, service offerings, changes to these Standard Terms and Conditions, precautions and other information concerning the evolving Internet medium.

17. Subscriber Information to NKI -- NKI endeavors to take seriously and respond directly to all complaints made by you concerning NKI’s other subscribers and other Internet users. Complaints must be made in writing to NKI by means of courier, the U.S. mail addressed to NKI’s headquarters office or NKI’s E-mail Address.

18. Amendments -- NKI may change the terms or conditions of these Standard Terms and Conditions at any time without your express approval by posting such changes on its Internet Homepage. By continuing to accept Internet Services, you automatically approve any changes NKI may make to these Standard Terms and Conditions. NKI will use its best efforts to inform you of changes it makes to these Standard Terms and Conditions in the form of an E-mail or direct postal mailing to you. However, you shall be responsible to abide by any change in terms to these Standard Terms and Conditions regardless of whether you receive notice of the change by mail.

19. Addendums -- You and NKI may negotiate and agree to alter or enlarge some of the terms or conditions contained in these Standard Terms and Conditions. Changes could be made, for instance, to the scope of services which comprise Internet Services, the length of the Term, or the method or sequence for payment of Service Charges. To preserve the basic understanding of the relationship between you and NKI, any deviations from these Standard Terms and Conditions to which both you and NKI agree will be executed in the form of an Addendum. To the extent you and NKI have executed any Addendum(s), it/they shall be regarded as incorporated in and made a part of these Standard Terms and Conditions.

20. Entire Understanding -- These Standard Terms and Conditions, the Registration Profile and any Addendum(s) which you and NKI may enter into, collectively comprise the entire understanding and arrangement between you and NKI for Internet Services. It supersedes any prior contracts, agreements or understandings between you and NKI with respect to the subject matter of your arrangement for Internet Services from NKI.

21. Governing Laws -- Your use of NKI’s Internet Services shall be governed by all applicable laws and regulations, including all local, state, national and international laws and regulations.

a. The scope of applicable laws includes those relating to copyright, trademark, obscenity, defamation, the rights of privacy, false advertising, fraud and crime.

b. All disputes arising out of this arrangement for Internet Services shall be governed by the laws of the State of Maryland, excluding its conflict of law rules.

22. Parts -- If any portion of these Standard Terms and Conditions is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible to reflect the original intentions of you and NKI, and the remaining portions will remain in full force and effect.


            wpeF.jpg (1247 bytes)                                                      wpe16.jpg (1488 bytes)              

© Copyright 1998   Network Konnection Inc.,