General

Jerky.Net offers Internet access and related services, including the hosting of Web Sites, through its system to
its subscribers. Jerky.Net does not and cannot control the content, quality or accuracy of information available
through its system or over the Internet in general. These Terms of Service set forth the basic rules which
apply to Jerky.Net's services and use of its system. Jerky.Net may change these Terms of Service in the future
upon notice published on-line or otherwise provided by Jerky.Net. BY USING Jerky.Net'S SERVICES AND
SYSTEM, A SUBSCRIBER AGREES TO COMPLY WITH AND TO BE LEGALLY BOUND BY THE
TERMS OF SERVICE AS PUBLISHED ONLINE OR OTHERWISE AVAILABLE FROM Jerky.Net FROM TIME
TO TIME. If the Terms of Service, Jerky.Net's services, system, or pricing is or becomes unacceptable to a
subscriber, the subscriber's only right shall be to terminate its account in accordance with the Section
labeled "Termination and Suspension" below. 

Lawful Use

Jerky.Net's system and services may only be used for lawful purposes and in a manner which Jerky.Net believes, in
its sole discretion, to be consistent with the rights of other Jerky.Net subscribers and third parties. While Jerky.Net
is not responsible for the content of hosted Web Sites, content on all Jerky.Net hosted Web Sites must comply
with all laws and must not infringe the rights of any third party. Jerky.Net's services and system may only be
used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing,
Jerky.Net's services and system shall not be used in a manner which would violate any law or infringe any
copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity
or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory. Use and
access to other networks through Jerky.Net's system must comply with the rules for such other networks. 

Changes to Service

The services provided by Jerky.Net and Jerky.Net's system are expected to change from time to time. Jerky.Net reserves
the right to change any service offered or the features of any service offered or its system without notice,
including changes to access and use procedures, such as idle disconnections, and system hardware and
software. 

Payment Terms

A subscriber must pay fees per Jerky.Net's rate schedule in effect from time to time as a condition to obtaining
access to Jerky.Net's services and system. A subscriber also must pay any sales, use or like taxes. Rate changes will be
effective when published on-line or otherwise provided to subscribers. Payment terms of monthly fees are
net 10 days. Payments not made within 30 days of billing date are considered delinquent. Delinquent
accounts are subject to immediate suspension and/or termination without notice. Monthly charges will not
be pro-rated. 

Termination and Suspension

Either subscriber or Jerky.Net may, at its sole discretion, terminate the subscriber's account at any time with or
without reason. Jerky.Net also may, at its sole discretion, suspend a subscriber's account at any time with or
without reason. Monthly charges will not be pro-rated. TERMINATION OR SUSPENSION DOES NOT
RELEASE LIABILITY FOR CHARGES DUE. Jerky.Net may delete all data, files or other information that is
stored in subscriber's account of hosted Web Site upon termination. Provisions set forth below in the
sections entitled "Software", "No Warranty; Limitation of Liability" and "Indemnity" shall survive termination.

Software

As a courtesy to subscribers, Jerky.Net has accumulated a library of software which is "shareware" or
"freeware". Jerky.Net is not the author of or otherwise responsible for any of such software or engaged in the
sale or licensing of such software. Jerky.Net MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, WITH RESPECT TO FREEWARE OR SHAREWARE AVAILABLE TO SUBSCRIBERS.
Jerky.Net ACCEPTS NO LIABILITY OF ANY KIND WITH RESPECT TO SUCH SOFTWARE OR ANY
DAMAGES RESULTING FROM USE THEREOF. SUBSCRIBER AND ANY OTHER USER ASSUMES
ALL RISK OF ALL KINDS WITH RESPECT TO SUCH SOFTWARE. SUBSCRIBER AND NOT Jerky.Net MUST
PAY ALL SHAREWARE LICENSE FEES. NO SUBSCRIBER OR USER WILL ASSERT ANY CLAIM
AGAINST Jerky.Net WITH RESPECT TO ANY SHAREWARE OR FREEWARE OBTAINED THROUGH Jerky.Net. 

No Warranty; Limitation of Liability

USE OF Jerky.Net'S SERVICES AND SYSTEM AND THE INTERNET IN GENERAL IS AT USER'S SOLE
RISK. Jerky.Net DOES NOT WARRANT THAT ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED,
ERROR FREE, FREE FROM UNAUTHORIZED INTRUSION, OR THAT Jerky.Net'S SERVICES OR SYSTEM
WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY; NOR DOES Jerky.Net MAKE
ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE
OR SYSTEM OR THE INTERNET IN GENERAL. Jerky.Net'S SERVICES AND SYSTEM ARE PROVIDED ON
AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY, ALL OF WHICH WARRANTIES
ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE
DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL Jerky.Net BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT
LIMITATION, LOSS OF PROFITS. WITHOUT LIMITING THE FOREGOING, Jerky.Net WILL NOT BE LIABLE
FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ALL OR ANY PART OF Jerky.Net'S
SYSTEM OR SERVICES, RELIANCE BY ANY PERSON ON INFORMATION OBTAINED THROUGH
Jerky.Net'S SERVICE OR THE INTERNET, DELETION OR LOSS OF FILES OR E-MAIL, VIRUSES, ANY
DELAY OR FAILURE OF PERFORMANCE, OR UNAUTHORIZED ACCESS TO RECORDS OR FILES.
THE MAXIMUM LIABILITY OF Jerky.Net TO ANY SUBSCRIBER OR USER FOR ANY AND ALL LOSS,
CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO Jerky.Net'S NEGLIGENCE, SHALL BE
LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER OR USER TO Jerky.Net DURING THE SIX MONTH
PERIOD PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO
BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE
LIMITATIONS MAY APPLY TO EVERY SUBSCRIBER. 

Indemnity

The subscriber agrees to indemnify and hold harmless Jerky.Net, its directors, officers, shareholders, agents,
employees and its other subscribers from any and all claims, liabilities, damages, or expenses, including
attorney fees, arising out of or resulting from any and all use of subscriber's account or the subscriber's
Web Site whether or not authorized. 

Non-Transferability

Subscriber's account and right to use Jerky.Net's services and system is not transferable without Jerky.Net's
consent. Subscriber agrees to protect its password and account and to keep them secure from
unauthorized users and use. 

Confidentiality

Jerky.Net treats E-mail messages as private. Exceptions are those permitted by law, including under the
Electronic Communications Privacy Act of 1986 (the "ECPA"). The ECPA permits Jerky.Net limited ability to
intercept and/or disclose electronic messages, including, for example (i) as necessary to operate the
system or protect Jerky.Net's rights or property, (ii) upon legal demand (court orders, warrants, subpoenas) or
(iii) where Jerky.Net receives information inadvertently which appears to pertain to the commission of a crime.
Users should be aware that electronic messages may be intercepted lawfully or unlawfully outside of
Jerky.Net's system. In addition, although Jerky.Net has implemented certain security measures, Jerky.Net cannot
guaranty that its system or stored data of a subscriber will be free from unauthorized intrusion or otherwise
guaranty the privacy of information of any user. 

Interpretation

These Terms of Service supersede all other written and oral communications or agreements with regard to
the subject matter. A waiver or modification of these Terms of Service shall only be effective if in a writing
signed by an authorized officer of Jerky.Net. These Terms of Service shall be governed by and interpreted in
accordance with the laws of the Commonwealth of Massachusetts without regard to choice of law
principles. If any provision of these terms and conditions is found to be unenforceable or invalid, the
remaining provisions shall be enforceable and valid to the greatest extent permitted by law.

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