TERMS OF SERVICE FOR BIGEASY.NET, L.L.C.

GENERAL
LAWFUL USE
SPAM
CHANGES TO SERVICE
CREDIT CARD
DIRECT DEBIT
QUARTERLY ACCOUNTS BILLED IN ADVANCE
CANCELLATION AND TERMINATION OF CONTRACT
CLIENT RIGHTS
NO WARRANTY; LIMITATION OF LIABILITY
INDEMNITY
CONFIDENTIALITY
INTERPRETATION

GENERAL
BigEasy.Net, L.L.C. (hereinafter referred to as BE.N) offers Internet access and related services, including the hosting of Web Sites, through its system to its subscribers. BE.N does not, and cannot, control the content, quality or accuracy of information available through the services BE.N provides or over the Internet in general. BE.N and all of its employees are NOT RESPONSIBLE FOR THE CONTENT OF ANY MATERIAL BE.N hosts, designs, creates, publishes, or otherwise represents. These Terms of Service set forth the basic rules which apply to BE.N’s services. BE.N may change these Terms of Service in the future upon notice published on-line or otherwise provided by BE.N. BY USING BE.N.’s SERVICES, A CLIENT AGREES TO COMPLY WITH AND TO BE LEGALLY BOUND BY THE TERMS OF SERVICE AS PUBLISHED ON-LINE OR OTHERWISE AVAILABLE FROM BIGEASY.NET, L.L.C. FROM TIME TO TIME. If the Terms of Service, BigEasy.Net’s services or pricing is or becomes unacceptable to a client, the subscriber’s only right shall be to terminate its contract in accordance with the Section labeled “Cancellation and Termination of Contract” below.

LAWFUL USE
BE.N’s services may only be used for lawful purposes and in a manner which BE.N believes, in its sole discretion, to be consistent with the rights of other of BE.N’s clients and third parties. While BE.N is not responsible for the content of hosted Web Sites, content on all BE.N’s hosted Web Sites must comply with all laws and must not infringe on the rights of any third party. BE.N’s services and system may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, BE.N’s services shall not be used in a manner which would violate any law or infringe on 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, misleading, false, untrue or defamatory. Use and access to other networks and Web Sites through BE.N’s services must comply with the rules for such other networks and Web Sites.

SPAM
Any of BE.N’s clients who are found to be sending unsolicited e-mail (SPAM), either personally or from their dial-up account(s) or ISDN line(s), will be fined $200.00 per phone line, per day, as a clean-up fee. This is intended to be a deterrent in order to retain the good name of BE.N and its owners and not to bring any undue hardship to our clients in good standing. The fine will be automatically drafted from the checking account or credit card of the offending party as soon as the abuse is discovered. SPAMMING WILL NOT BE TOLERATED, and will be considered grounds for immediate removal from our service resulting in the forfeiture of previously paid monies.

CHANGES TO SERVICE
The services provided by BE.N are expected to change from time to time. BE.N 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 and system hardware and software. PAYMENT TERMS BE.N’s basic dial-up service account provides 125 hours of Internet access for the fee of $20.00 per month payable in advance. If the client logs on more than 125 hours in any calendar month, his account will be converted to a commercial account with a minimum fee of $45.00 for the next calendar month and any successive months. Each Customer is responsible for any and all fixed and accumulated charges for his account. The first month service fee (or other available billing period selected) is due upon account setup. Each month (or other billing period selected), on the date of the application, the account will be charged the monthly access and any other fees for the new month plus any accumulated charges for the past month. Unused hours do not accrue from one month to the next. Failure to use this account(s) does not relieve the user of payment obligations.

CREDIT CARD
Credit Card customers agree to allow BE.N to bill such cards on each successive billing date without obtaining the user’s permission after the initial charge. Credit Card customers shall notify BE.N of any changes in Credit Card number or expiration date. If the card is not honored for any reason, BE.N will attempt to notify the card holder by using the telephone information given at sign-up and/or by e-mail. BE.N will call the card holder, and if alternative billing has not been established within five (5) days, the account will be disabled.

DIRECT DEBIT
Direct debit clients agree to allow BE.N to bill such bank account on each successive billing date without obtaining the user’s permission after the initial debit. Direct debit customers shall notify BE.N of any changes in their bank account or cancellation thereof. If the debit is not honored for any reason, BE.N will attempt to notify the client by using the telephone information given at sign-up and/or by e-mail. BE.N will call the customer and if alternative billing has not been established within five (5) days, the account will be disabled.

QUARTERLY ACCOUNTS BILLED IN ADVANCE AND PAYABLE BY CHECK
Clients who choose to pay quarterly, in advance, by check, must provide the initial payment in advance and thereafter by the date indicated on their invoice. If payment is not received within five (5) days of the invoiced due date, service will be terminated until such time that payment has been received by BE.N. Dishonored checks are subject to a collection fee and your account may be suspended until the account is current.

CANCELLATION AND TERMINATION OF CONTRACT
BE.N has the right to terminate service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 1.0% per month (12% per annum) on the outstanding balance. Termination of service shall not relieve the user from the obligation to satisfy outstanding invoices. In the event BE.N utilized an attorney to collect such sums, the user shall be responsible for the payment of all BE.N attorney’s fees and costs, allowable by Louisiana State law, in the collection of these sums. Any litigation concerning the user’s relationship with BE.N shall be in Jefferson Parish, Louisiana. BE.N reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the user on a monthly basis. Termination or suspension does not release liability for charges due. BE.N may delete all data, files or other information that is stored in subscriber’s account of hosted Web Site upon termination. The client must notify BE.N to cancel service. Fees for any setup, software, and the first month’s service are not refundable, unless the customer is unsuccessful in using the account and notifies BE.N within five (5) days of establishing said service. Refunds of unused service are made on a monthly basis only. However, if payment was made on a one (1) year term, refunding of unused service does not apply. (The current rates, as quoted to an annual-payment client are locked in for such term and refunds are therefore not applicable).

CLIENT RIGHTS
The right to use BE.N’s service is not transferable. Accounts are for your use only! User is responsible for the confidentiality of user’s passwords. Loaning your account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited unless agreed upon in advance by BE.N. If the user has multiple accounts, then the user is limited to one log-in session per system account at any time. Violation of this policy will be considered as theft of service and will be prosecuted under civil and criminal law. BE.N’s services should not be used to send unsolicited advertising or promotional materials to other network users. Electronic mail may be used in the conduction of legitimate business. We do not allow users to run Mail lists, Listservers or any form of auto-responder from a users account. Processes that run or are activated while the user is not logged in are also NOT ALLOWED. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and BE.N will not be tolerated. When BE.N becomes aware of possible violations, BE.N will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, BE.N may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of BE.N following payment of a reconnection charge. Use of this account to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engaging in any kind of illegal activity is expressly prohibited. Customers will abide by all the rules, regulations and policies of those networks and computer systems accessed via this account. If the customer is unsure of those policies, it is the customer’s responsibility to ascertain said policies.

NO WARRANTY; LIMITATION OF LIABILITY
Use of BE.N’s services and the Internet in general is at user’s sole risk. BE.N does not warrant that the services provided will be uninterrupted, error-free from unauthorized intrusion, or that BE.N’s services or systems will meet any particular criteria of performance or quality; nor does BE.N make any warranty as to the results or information obtained from use of it’s services or the internet in general. BE.N’s services 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 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 BE.N be liable for any indirect, incidental, special or consequential damages, including, without limitation, loss of profits. Without limiting the foregone, BE.N will not be liable for damages resulting from the use or inability to use all or any part of BE.N services, reliance by any person on information obtained through BE.N’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 BE.N to any client or user for any and all loss, claim, damage or liability of any kind, including due to BE.N negligence, shall be limited to the amount paid by the client or user to BE.N during the one 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 client.

INDEMNITY
The subscriber agrees to indemnify and hold harmless BE.N, its members, managers, directors, officers, shareholders, agents, employees and its other subscribers from any and all claims, liabilities, damages, or expenses, including attorneys 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 Client’s account and right to use BE.N’s services and system is not transferable without BE.N’s consent. If applicable, client agrees to protect his password and account and to keep them secure from unauthorized users and use.

CONFIDENTIALITY
BE.N treats e-mail messages as private. Exceptions are those permitted by law, included under the Electronic Communications Privacy Act of 1986 ( the “ECPA”). The ECPA permits BE.N’s limited ability to intercept and/or disclose electronic messages, including, for example (I) as necessary to operate the system or protect BE.N’s rights or property, (ii) upon legal demand (court orders, warrants, subpoenas) or (iii) where BE.N 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 BE.N’s system. In addition, although BE.N has implemented certain security measures, BE.N cannot guaranty that its system or stored data of 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 BE.N. These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Louisiana 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.