Sierra Internet Services, Corp. Terms of Services (“TOS”) ACCEPTANCE OF TERMS Welcome to Sierra Internet Services. All users are subject to the following Terms of Service (“TOS”), which may be updated by us at anytime with out notice to you. You may review the most current TOS at anytime at http://www.sierranv.net/policies.html. DISCRIPTION OF SERVICE Sierra Internet Services, Corp. currently provides access to the Internet and/or World Wide Web, web hosting for personal and commercial use, email and newsgroup services. DISCLAIMER OF WARRENTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILIBLE” BASIS. SIERRA INTERNET SERVICES, CORP. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. (b) SIERRA INTERNET SERVICES, CORP. MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALTITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL WILL MEET YOU EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGHT THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK THAT YOU WILL BE SOLEY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITEN, OBTAINED BY YOU FROM SIERRA INTERNET SERVICES, CORP. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. LIMITAION OF LIABLITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) SIERRA INTERNET SERVICES, CORP. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTAIL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTED GOOD OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (3) UNATHORIZED ACCESS TO OR ALTERATIONS OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SAME SERVICE; OR (5) ANY OTHER MATTER RELATING TO THE SERVICE. YOUR REGISTRATION OBLIGATION In consideration of use of the SERVICE, you agree to: (1) provide true, accurate, current and complete information about yourself. (such information being the “USER INFORMATION”) and (2) maintain and promptly update the USER INFORMATION to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, SIERRA INTERNET SERVICES, CORP. has the right to suspend or terminate your account and refuse any and all current or future use of the SERVICE (or any portion thereof). BILLING All SIERRA INTERNET SERVICES, CORP. accounts and services are billed for monthly services in advance. All SIERRA INTERNET SERVICES, CORP. accounts and services are billed via email. All invoices are due and payable upon receipt. Monthly services are not prorated and non-refundable. All returned checks will be subject to a $25.00 fee, for each check and each time the check is returned by your bank. All account 30 past due will be subject to a $2.00 late fee. All accounts 31 days past due are subject to account suspension and subject to a $25.00 suspension fee. ACCOUNT CANCELLATION SIERRA INTERNET SERVICES, CORP. reserves the right to cancel any account for any reason not prohibited by law. Any customer or user of SIERRA INTERNET SERVICES, CORP. has the right to cancel their SERVICE at anytime, for any reason. Cancellation must be done in writing (email, fax, or letter) prior to the billing date. SIERRA INTERNET SERVICES, CORP. will not prorate monthly services. REFUNDS Monthly services are not prorated and non-refundable. New services have a 10(ten) day money back guarantee.