1. The Southern Comp Solutions LLC service, as operated by Southern Comp Solutions LLC, is a computer, interactive information, communication and transaction service allowing access to the Internet, bulletin boards, private networks and other communications outlets. The service is available to an authorized member through a membership account (Membership); it is accessible through a personal computer, or other access device and a communications connection (e.g. modem, telephone line).

2. User agrees to follow the Acceptable Use Policy of any network user connects to via Southern Comp Solutions LLC's system. Southern Comp Solutions LLC's Acceptable Use Policy can be here. CAREFULLY READ the terms of this User Agreement which governs your use of the service. Southern Comp Solutions LLC may modify this agreement at any time and in any manner. Any modification is effective immediately upon either a posting on the Southern Comp Solutions LLC Home Pages, electronic mail, or conventional mail. If any modification to this agreement is unacceptable to you, you may immediately terminate your membership as provided in Section 9d below. Your continued use of the service following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s).

3. Southern Comp Solutions LLC grants to you ("Member") a non-exclusive, non-transferable right to access, use and display the service on any machine(s) of which you are the primary user and is the individual or business whose name appears on the account and dependents of the account holder living at the same address. Member may not, however, maintain access to the Service on more than one modem at any given time. Service is provided on an AS IS, AS AVAILABLE basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY EZZENET, ITS EMPLOYEES, LICENSORS OF THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE

4. You understand that except for information products or services clearly identified as being supplied by Southern Comp Solutions LLC, neither Southern Comp Solutions LLC, nor any of its affiliates, operates or controls any information, products or services accessible through the service in any way and that, except for such Southern Comp Solutions LLC identified information, services or products, all merchandise, information and services offered or made available or accessible through the Service are offered or made available or accessible by third parties who are not affiliated with Southern Comp Solutions LLC or its affiliates. YOU EXPRESSLY AGREE that use of the service is at your SOLE RISK and YOU AGREE that any information, service or product accessible through the Service is WITHOUT WARRANTIES OF ANY KIND BY EZZENET AND ITS AFFILIATES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This in no way includes any reimbursement for losses of income due to disruption of service by Southern Comp Solutions LLC or its providers. Neither Southern Comp Solutions LLC nor its Information Providers are responsible for any damages arising from User's use of Southern Comp Solutions LLC or by User's inability to use Southern Comp Solutions LLC service.

5. Member may order and purchase merchandise or services from other Members and users of other communications outlets including the Internet. Member acknowledges that all transactions concerning third party (Seller) merchandise or services, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between Seller and Member. Southern Comp Solutions LLC makes no warranties or representations whatsoever with regard to any goods or services provided by Seller. Southern Comp Solutions LLC shall not be a party to a transaction between Member and Seller, or be liable for any cost or damage arising either directly or indirectly from any action or inaction of Seller or Member.

6. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SOUTHERN COMP SOLUTIONS LLC, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE including but not limited to reliance on any information obtained on the service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Southern Comp Solutions LLC's records, programs or services. YOU HEREBY ACKNOWLEDGE that this PROVISION SHALL APPLY WHETHER OR NOT SOUTHERN COMP SOLUTIONS LLC IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND that this PROVISION SHALL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE THROUGH THE SERVICE.

7. Member is responsible for all charges (e.g., telephone) associated with connecting to the service through an available access number. Member is responsible for obtaining or providing and maintaining all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the service.

8. Member certifies to Southern Comp Solutions LLC that he/she is not a minor. (A minor's parent or legal guardian may authorize a minor to use his/her account(s) under supervision by the parent or guardian). For purposes of identification, billing and marketing, Member agrees to provide Southern Comp Solutions LLC with accurate, complete, and updated information required by the registration to the service (Member Registration Data), including Member's legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). Member agrees to notify Southern Comp Solutions LLC within thirty (30) days of any changes in Member Registration Data. Failure to comply fully with this provision may result in immediate suspension or termination of your right to use the service.

9. Accounts/Charges/Payment/Cancellation.

(a) This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Member's principal account. Each Member is responsible for the use of his/her/its account(s) under any name on that account by any person, and for ensuring full compliance with this Agreement by all users of his/her/its account(s). A service account may not be transferred without prior written approval from Southern Comp Solutions LLC and is subject to any limits established by Southern Comp Solutions LLC.

(b) Member is responsible for maintaining the confidentiality of his/her/its passwords. Member is responsible for all activities and charges resulting from use of Member's principal account with the service. Member agrees to pay all monthly membership fees, connect time charges, surcharges, applicable taxes and other charges incurred by Member and/or his/her/its designated users. Member agrees to pay Southern Comp Solutions LLC all charges relating to the use of Member's account(s) according to rates and prices stated at the time of commencement, INCLUDING A ONE-TIME SIGNUP FEE. Member is responsible for charges at the time the service is setup and Southern Comp Solutions LLC may apply the amount due to Member's credit card at any time. In the event of a breach of security, Member will remain liable for any unauthorized use of the service until Member notifies Southern Comp Solutions LLC by calling customer service at 260-982-1555.

(c) Current rates for using the service may be obtained by calling 260-982-1555 or through Southern Comp Solutions LLC's Services Page. Southern Comp Solutions LLC reserves the right to increase fees, surcharges, monthly membership fees or to institute new fees at any time. In the event that a Member's account is terminated or canceled, on-line time credited to Member's account is not convertible to cash or other form of credit. Southern Comp Solutions LLC reserves to right to change without notice the Southern Comp Solutions LLC service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

(d) In the event of cancellation of service, User is responsible for the full current billing period's charges. The User's billing period shall be monthly, quarterly or annually dependant upon the method of payment the User elected at account inception. In the case of credit card payments, the billing period shall be monthly, quarterly or annually. In the case of cash or check payments, the billing period shall be quarterly or annually (monthly cash or check payments may be allowed with additional service charges applied.) The User's billing date shall be the day of the month that he/she/it originally contracted for service with Southern Comp Solutions LLC (e.g., If the customer signs up on the 1st day of any given month, their billing date shall be on the 1st day of every subsequent billing period). Cancellation notices must be submitted by U.S. mail, email to service@ezzenet.com, or fax. If you are submitting your cancellation via US Mail, you must write ATTENTION CANCELLATION on the envelope.

10. YOU UNDERSTAND that information available to you through the service may include MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT OR OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. SOUTHERN COMP SOLUTIONS LLC HAS NO RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS.

11. Member recognizes that he or she is solely responsible for the content of any information Member makes available through the Service and that Southern Comp Solutions LLC does not continuously monitor the Service to examine the content passing through it. Member agrees that if Southern Comp Solutions LLC is made aware of content that Southern Comp Solutions LLC deems in its sole discretion to be unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, Southern Comp Solutions LLC has the right, but not the obligation, to remove or deny access to such content. Member expressly agrees that Southern Comp Solutions LLC shall not be liable to Member for any action Southern Comp Solutions LLC takes to remove or restrict access to such material, nor for any action taken to restrict access to material posted in violation of any law, regulation or rights of a third-party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy. Member recognizes that Southern Comp Solutions LLC's actions with respect to all such material may include restriction, suspension or termination of Member's access privileges and/or deletion of the objectionable material. Southern Comp Solutions LLC is not responsible for User's personal files residing on the system. User is responsible for independent backup of his her data stored on Southern Comp Solutions LLC. Southern Comp Solutions LLC reserves the right to delete User's personal files after one or both parties terminate agreement.

12. Material accessible to Member through the service may be copyrighted. Except as expressly permitted by the copyright holder of the material, neither Member nor Member's designated users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any material which they access or receive through the Service.

13. Member expressly agrees not to use the service in a manner that is prohibited by any law or regulation or to facilitate the violation of any law or regulation. Member further agrees not to use the Service in a manner that will disrupt third parties' use or enjoyment of the service or other communications services and outlets. Member acknowledges that prohibited conduct includes, but is not limited to, "port scanning", use of the Service to invade the privacy of third parties, impersonation of Southern Comp Solutions LLC personnel or systems, transmitting via e-mail, USENET, chat service or the Member's personal web page or site, abusive, profane, libelous, slanderous, threatening or otherwise harassing material and posting material in any USENET or newsgroup that is off-topic according to the charter or other public statement of the USENET or newsgroup. Member also agrees not to use the Service to solicit other members to patronize competing services, not to violate or tamper with the security of the service or attempt to utilize another member's account name or persona without authorization from that member.

14. Member acknowledges that he/she/it is expressly prohibited from utilizing the service, Southern Comp Solutions LLC's equipment or any Southern Comp Solutions LLC electronic mail address in connection with the sending of the same or substantially similar unsolicited electronic mail message, whether commercial or not, to multiple recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of the service, Southern Comp Solutions LLC's equipment or any Southern Comp Solutions LLC electronic mail address. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages. Member specifically agrees that he/she/it will not utilize the service, Southern Comp Solutions LLC's equipment or any Southern Comp Solutions LLC electronic mail address in connection with the transmission of the same or substantially similar unsolicited message to multiple recipients or 15 or more USENETs or newsgroups in a single day. For each day upon which this provision is violated, Member agrees to pay Southern Comp Solutions LLC damages to compensate for the lost goodwill such a violation causes. Member agrees to pay Southern Comp Solutions LLC $25 per day for an unintentional violation of this provision, but where warranted, such as in the case of an accidental transmission, Southern Comp Solutions LLC may waive all or part of the applicable charge. In cases of willful violations of this provision, Member agrees to pay Southern Comp Solutions LLC $500 per day. Southern Comp Solutions LLC at its sole discretion shall determine whether a violation was unintentional or willful. Payment by member under this provision shall not prevent Southern Comp Solutions LLC from seeking to obtain other legal remedies against member, including other damages or an injunction.

15. Member acknowledges that Southern Comp Solutions LLC shall not maintain more than 6 MB of electronic mail storage for member and that Member is responsible for ensuring that the level of electronic mail storage remains below this 6 MB limit. Member expressly agrees that Southern Comp Solutions LLC shall not be liable to Member or parties interacting with Member for any damages resulting from action Southern Comp Solutions LLC takes to enforce this provision. Storage space allowed for web sites varies with the member’s service level and will not be exceeded.

16. Member agrees that any personal web page or site Member publishes in connection with the service is intended for personal use. Pages containing pornography, obscenity, adult-oriented material, or material that promotes the breaking of any law may not be stored on Southern Comp Solutions LLC's servers. Use of Southern Comp Solutions LLC for advertising or promotion of a commercial product or service without a Southern Comp Solutions LLC business account is prohibited. Reselling of web space on the Southern Comp Solutions LLC WWW server is prohibited. While other uses (e.g. club or group pages) are not prohibited, they may draw sufficient third party visits ("hits") to the page or site so as to impose a burden on the Service by reducing available bandwidth. To ensure that all Members can use and enjoy the Service, Member agrees that Southern Comp Solutions LLC is entitled to suspend or terminate access to any Member's non-business rate web page or site if Southern Comp Solutions LLC determines that the page or site has, on any single day, received download traffic of fifty megabytes (50,000K) or more. Member expressly agrees that Southern Comp Solutions LLC shall not be liable to Member or parties interacting with Member for any damages resulting from action Southern Comp Solutions LLC takes to enforce this provision.

17. Member agrees that each account is allowed one connection at a given time to the service; making more than one connection to the service simultaneously is prohibited. Member acknowledges that the service is intended for periodic, active use of electronic mail, usenet newsgroups, file transfers via ftp, internet relay chat, interactive games and browsing of the world wide web. Member agrees not to use to the service to operate server programs, including, but not limited to mail servers, IRC servers, ftp servers or web servers. Member further agrees not to use the service on a standby or inactive basis in order to maintain a connection. Automated electronic or mechanical processes employed to maintain a constant connection such as use of an auto-dialer, persistent checking of e-mail or "pinging" the host are expressly prohibited. Member may contract for dedicated line service if the use of server programs or a continuous connection is desired. Member agrees that Southern Comp Solutions LLC may terminate member's connection following twenty (20) minutes of inactivity as determined by Southern Comp Solutions LLC. Southern Comp Solutions LLC will allocate system resources to provide the best possible service to all members. Southern Comp Solutions LLC reserves the right to limit, restrict or prioritize access to system resources, including cpu time, memory and disk space and is not responsible for degradation of service from phenomena such as so-called "Line-Noise" interference and other causes beyond the reasonable control of Southern Comp Solutions LLC.

18. Member recognizes that this Agreement continues only for so long as the parties' mutually agree to continue it. Either Member or Southern Comp Solutions LLC may terminate the Agreement and Member's Membership at any time for any reason or no reason. Southern Comp Solutions LLC may also restrict, suspend or terminate, without notice, Member's access to and use of the service upon any breach of this Agreement. In the event of any termination for breach of this Agreement, Member shall not establish a new membership with Southern Comp Solutions LLC for one year from the date of termination. Member's only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of Southern Comp Solutions LLC in operating the service, any change in the content of the service, or any change in the amount or type of fees charged in connection with the service, is to terminate Membership by delivering notice to Southern Comp Solutions LLC, effective the day Southern Comp Solutions LLC receives notification of termination or any future date specified which is acceptable to Southern Comp Solutions LLC. Upon termination of this Agreement, Member shall have no right (a) to obtain any credit(s) otherwise due to Member, and such credit(s) will be forfeited, (b) to access through Southern Comp Solutions LLC any materials stored on the Internet or (c) to access any third-party providers of services, merchandise or information on the Internet through Southern Comp Solutions LLC, and Southern Comp Solutions LLC shall have no responsibility to notify such third-party providers nor shall Southern Comp Solutions LLC have any responsibility for any damages that result from the lack of such notification.

19. Upon request of Southern Comp Solutions LLC, Member agrees to defend, indemnify and hold harmless Southern Comp Solutions LLC, its officers, directors, employees, agents and licensees, from any claims and expenses, including reasonable attorney’s fees, arising out of or relating to Member's use of the service.

20. Interpretation and enforcement of this agreement shall be governed by the laws of the state of Indiana. Member consents to personal jurisdiction in the federal and state courts of Wabash County, Indiana for any action arising out of or relating to member's use of the service. The federal and state courts of Wabash County, Indiana shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by Southern Comp Solutions LLC.

21. This Agreement constitutes the entire agreement between you and Southern Comp Solutions LLC with respect to the service and supersedes all prior agreements between you and Southern Comp Solutions LLC. Southern Comp Solutions LLC's failure to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

22. Use of Southern Comp Solutions LLC services constitutes agreement to these terms.

Updated: 08/28/2004