TNS TERMS OF SERVICE AGREEMENT

INTRODUCTION.  This Terms of Service Agreement ("Agreement")
establishes the terms and conditions for the use of all types of
Internet access accounts and the services available through those
accounts (herein collectively, "Services") offered by
TNS. Submittal of the TNS online account application or use of a
TNS Internet access account or any services available to you by
TNS constitutes your acknowledgement of receipt and agreement of
this Agreement which supersedes all previous representations,
understandings or agreements. TNS reserves the right to amend,
modify, revoke, or cancel this Agreement, pricing, or services at any
time without notice.

DEFINITIONS.  TNS will provide Services on its
systems to you in exchange for recurring payment of subscription fees
and full compliance with this Agreement.  As used in this Agreement,
"you" or "your" refers to the person(s) subscribing to or using these
Services (including others you permit to use these Services); "we",
"us" or "our" refers to TNS, in its sole or separate capacities,
and any agent, independent contractor, designee, or assignee that may,
in its discretion, involve in the provision of these Services.

HEADINGS.  The section headings used in this Agreement are for
convenience only and shall not be held to limit or affect the terms of
this Agreement.

DISCLAIMER OF LIABILITY.  TNS makes no warranties of any kind,
expressed or implied, for Services provided. TNS disclaims any
warranty of merchantability or fitness for a particular
purpose. TNS exercises no control over the content of the
information passing through its systems. Use of TNS, software, or
any information obtained via TNS or stored on TNS equipment is
at your own risk. TNS is not responsible for any damage suffered
from the direct or indirect use of its Services by you or any third
party, including but not limited to damages or expenses due to loss of
data resulting from delays, nondeliveries, misdeliveries or
interruptions caused by its own negligence or errors or omissions, or
damage to your personal computer, modem, telephone or other property
resulting from your use of these Services.

HOLD HARMLESS.  You shall indemnify and hold harmless TNS, its
officers, directors, employees, successors, and assigned from and
against any and all claims, demands, liabilities, causes of actions,
complaints, awards and/or judgments for damages of any type and kind
of any third party or entity which may arise or are connected with
your use of these Services and/or the terms of this Agreement.  This
indemnification and hold harmless provision shall survive and be in
full force and effect subsequent to the termination of this Agreement.

ATTORNEY'S FEES.  In any action, at law or inequity including
arbitration, or mediation, which is commenced to either enforce or
interpret the terms of this Agreement, the prevailing party shall be
entitled to recover its reasonable attorney's fees and court costs
from the other party.  The right of the prevailing party to recover
said fees shall survive and be in full force not withstanding the
termination of this Agreement.

RESTRICTIONS.  Services provided for Personal Accounts are for student
or home entertainment purposes only and may be suspended or terminated
if used for any other reason, including but not limited to support of
a business or organization. These Services may only be used for lawful
purposes. Transmission or storage of material in violation of federal,
state or local regulation is prohibited, including but not limited to
material that is: copyrighted, judged to be threatening, compromises
security or privacy, or protected as a trade secret.  Unless otherwise
authorized in writing by TNS, content received via TNS Usenet
services may only be used for non-commercial purposes.  TNS, at its
discretion, reserves the right to remove or modify any material deemed
in violation of these restrictions.

WAIVERS.  No delay or omission by us in exercising any rights or
remedies under this Agreement shall impair such right or remedy or be
construed as a waiver of any such right or remedy.  Any single or
partial exercise of any other right or remedy shall not preclude
further exercise of that right or remedy or the exercise of any other
right or remedy.  No waiver shall be valid unless it is in writing and
signed by us.

ACCEPTABLE USE.  Use of these Services is subject to existing
regulations and any future changes in those regulations.  By using
these Services after the effective date of any change or amendment,
you agree to that change or amendment.  We reserve the right to refuse
the Service to anyone at any time for any reason.  You agree to comply
with the rules and restrictions of any network or service you access
via TNS, including but not limited to the Acceptable Use Policies
for Usenet, and electronic mail, in which both formats expressly
prohibit unsolicited advertising and abuse of network resources.
Usenet service restrictions include, but are not limited to, the
posting of articles in groups with charters that prohibit specific
content (e.g., advertisements), and cross-posting identical or similar
messages to more than five (5) Usenet groups.  You agree that Usenet
groups without charters follow commonly accepted posting policies,
including but not limited to prohibition of substantively identical
posts.  Substantively identical posts are defined as multiple messages
with identical content or content that would be identical except for
slight modifications (e.g., a message advertising the same product or
service).  Current policies for acceptable Usenet behavior may be
found in the news.announce.newusers group and its archives.

Should TNS in its sole discretion deem that you or any other party
using your account is in violation of Acceptable Use under this
Agreement, your account will be terminated and you will be subject to
maximum penalties under applicable state and federal laws.  As
provided in United States Code Title 47 Section 227(b)(1)(C), TNS
will exercise action against you for liquidated damages of at least
five-hundred dollars ($500) for each electronic message initiated or
delivered in violation of Acceptable Use in which you fully recognize
"telephone facsimile machine" to mean any computing device capable of
transmitting or receiving information in electronic format, such as a
computer and modem.  Further, as provided in California State Law
Section 17538.45(f)(1), in addition to any other action available
under law, TNS will pursue civil action against you to recover
actual monetary losses suffered by TNS, or liquidated damages of
fifty dollars ($50) for each electronic mail message initiated or
delivered in violation under this heading, up to a maximum of
twenty-five thousand dollars ($25,000) per day, whichever amount is
greater.
  
PAYMENT OBLIGATIONS.  In addition to any setup fees and recurring
subscription fees published in the TNS online account application,
TNS has the right to charge additional fees for email storage, file
storage, network traffic, and access time that exceeds the base amount
included with your selected account. Payment is due in advance of
Services provided, and is payable every thirty (30) days from the
account anniversary (the date it was established). If payment is not
received within thirty (30) days of the due date, the account is in
default and subject to suspension.

SUSPENSION.  In the event your account requires suspension, TNS
shall cease providing all Services, with or without notice, during
which time Internet access and/or any other services provided by
TNS shall be discontinued. TNS may still collect, store,
and/or deliver any new or existing data for your account, including
but not limited to electronic mail and files placed on TNS
equipment. Suspension does not relieve you from paying ongoing and/or
past due charges. Account reactivation shall incur no less than a ten
dollar ($10) service charge and may require more than twenty-four (24)
hours before any Services are restored. Accounts suspended for more
than thirty (30) days are subject to termination.

TERMINATION; CANCELLATION.  TNS reserves the right to terminate an
account at any time should you breach any provision of this Agreement,
and may terminate an account for any reason with thirty (30) days
prior written notice.  In the event you wish to terminate, notice must
be delivered in writing via electronic mail, US Mail, or FAX. ONLY A
WRITTEN REQUEST TO TERMINATE YOUR SERVICE RELIEVES YOU OF YOUR
OBLIGATION TO PAY FURTHER ACCOUNT CHARGES. IT DOES NOT RELIEVE YOU OF
PAST OBLIGATIONS AND CHARGES.  Fees paid in advance are not
refundable.  Except for Advanced Services Accounts bound by a separate
Network Service Agreement, standard Business Accounts closed within 30
days of establishment may request reimbursement for service fees paid
in advance (excluding setup fees or extra usage charges). Early
termination of Advanced Services Accounts incurs a penalty of 100% of
the fees remaining for the term, however other penalties may apply.

DEFAULT.  If you default, you agree to pay our reasonable expenses,
including attorney and collection fees, to enforce our rights under
this Agreement.

ALTERATIONS.  This Agreement may not in any way be altered by you
without express written consent by us.  Any attempt by you to alter
this Agreement without our express written consent shall be void and
shall have no legal effect. You hereby agree to indemnify and hold us
harmless from and against any and all claims, losses, liabilities,
penalties, expenses and any or other damages (including without
limitation reasonable attorney's fees) directly or indirectly
resulting from, relating to or arising in connection with any
successful or unsuccessful attempt by you to alter this Agreement
without our express written consent.

ASSIGNMENT.  You may not assign this Agreement, or any of your rights
or responsibilities under this Agreement, to any other party.  We may
assign this Agreement and any or all of our rights and/or
responsibilities under this Agreement, or delegate any or all of such
rights and responsibilities, to any third party or parties.

GOVERNING LAW.  This Agreement shall be governed by and construed in
accordance with the laws of the state of California without regard to
that state's conflict of laws provisions.  The proper venue to resolve
any and all disputes under the terms of this Agreement is San Diego,
CA.

SEVERABILITY. If any provision of this Agreement is determined to be
void or invalid, the remainder of this Agreement, as the case may be,
shall remain in full force and effect.


Last Updated
June 19 2006