1. Introduction

CMSInter.Net (CMS, CMSI) supports the free flow of information and ideas over the Internet. CMSInter.Net does not actively monitor nor does CMSInter.Net exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over CMSInter.Net services. However, CMSInter.Net reserves the right to remove any materials that, in CMSInter.Net’s sole discretion, are potentially illegal, may subject CMSInter.Net to liability, or violate this Acceptable Use Policy (”Policy”). Your violating this Policy may result in the suspension or cancellation of your CMSInter.Net services. This policy should be read in conjunction with the CMSInter.Net Internet Access Agreement.

2. Policies

The following are violations of CMSInter.Net’s acceptable use policies:

2.1. Using a personal account for high volume or commercial use. If you would like to receive high-volume or commercial services, please contact CMSInter.Net’s Business Sales Department at 1-800-828-3745 for information about establishing a commercial account. Activities which are prohibited as high volume include, but are not limited to:

2.1.1. Any mailbox exceeding 30MB may, at CMSInter.Net’s discretion, be unable to receive any new messages until the mailbox is brought below 30MB. This includes, but is not limited to the total sum of all webmail folders. (ie. Inbox, Sent, and Deleted items). Additional email space may be purchased by calling 1-800-828-3745.

2.1.2. Any mail left on CMSInter.Net’s server for more than 30 days may, at CMSInter.Net’s discretion, be removed unless other arrangements have been made in advance. In addition, CMSInter.Net may at their discretion purge users Deleted and Sent items from the CMS webmail systems at any time.

2.1.3. Exceeding 10MB of disk space for free Web sites. Any free Web site exceeding 10MB will be suspended until the customer brings the disk space usage under 10MB or less. Or, additional megabytes may be purchased. These prices may be obtained by calling 1-800-828-3745.

2.1.4. Exceeding 100MB of traffic in a one month period for free Web sites. Any free Web site exceeding 100MB of traffic will be billed for the excess traffic. Traffic over 100 MB will be charged $.10 per MB

2.2. Using CMSInter.Net services for illegal purposes or in support of illegal activities. In accordance with Section 5.2.1 of the Internet Access Agreement, CMSInter.Net reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to:

2.2.1. Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software.

2.2.2. Exporting software or technical information in violation of U.S. export control laws.

2.2.3. Posting or emailing of scams such as ‘make-money-fast’ schemes or ‘pyramid/chain’ letters.

2.2.4. Threatening bodily harm or property damage to individuals or groups.

2.2.5. Making fraudulent offers of products, items, or services originating from your account.

2.2.6. Attempting to access the accounts of others, or attempting to penetrate security measures of CMSInter.Net’s or other entities’ systems (”hacking”), whether or not the intrusion results in corruption or loss of data.

2.2.7. The unauthorized use of a person’s name or likeness.

2.3. Harassing others by ‘mail-bombing’ or ‘news-bombing’, or other means, including but not limited to “instant messaging” and/or “chat” programs. ‘Mail-bombing’ constitutes sending more than ten (10) similar mail messages to the same email address. ‘News bombing’ constitutes sending more than 10MB of data to a newsgroup.

2.3.1. Sending unsolicited electronic mail (email) messages where the recipient objects to the content of the message or to the receipt of the message in general is also prohibited under this Section.

2.3.1.1. Members acknowledge that they are expressly prohibited from utilizing CMSInter.Net’s service, CMSInter.Net’s equipment or any CMSInter.Net’s email address in connection with the sending of the same or substantially similar unsolicited email message, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of CMSInter.Net’s service, CMSInter.Net’s equipment or any CMSInter.Net’s email address(es).

2.3.1.2. 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.

2.3.1.3. Member specifically agrees that he/she/it will not utilize the CMSInter.Net service, CMSInter.Net’s equipment or any CMSInter.Net email address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or 15 or more newsgroups in a single day. Members responsible for these acts may be terminated at CMSInter.Net’s discretion. For each day upon which this provision is violated, Member agrees to pay CMSInter.Net $10.00 per day for an unintentional violation of this provision, but where warranted, such as in the case of an accidental transmission, CMSInter.Net may waive all or part of the applicable charge. In cases of willful violations of this provision, Member agrees to pay CMSInter.Net $200.00 per day. CMSInter.Net at its sole discretion shall determine whether such a violation was unintentional or willful. Payment by member under this provision shall not prevent CMSInter.Net from seeking to obtain other legal remedies against member, including other damages or an injunction.

2.4. Revealing your account password to others or allowing use of your account by others (other than authorized users in your household).

2.4.1 At no time can there be simultaneous use of the same username and password combination.

2.5. Forging any message header, in part or whole, of any electronic transmission, originating or passing through CMSInter.Net services.

2.6. Distributing viruses to or from CMSInter.Net systems.

2.7. Use of software or any device that would allow your account to stay logged on while you are not actively using CMSInter.Net services or use the account for the purpose of operating a server of any type. (See section 3 below)

2.8. Cross-posting advertisements for products, items, or services to ten (10) or more unrelated USENET newsgroups.

2.9. Posting articles to any USENET or other newsgroup, mailing list or similar forum which are off-topic according to the charter or other public statement of the forum.

2.10. Disrupting any newsgroup with frivolous, excessively vulgar, or repetitious postings.

2.11. Posting of binary, or excessively large, unrelated text files to non-binary news groups that have specifically requested such material not be posted in the group’s FAQ (Frequently Asked Questions), charter or other public statement of the forum that such material not be posted.

2.12. Installation of ‘auto-responders’, ‘cancel-bots’ or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net newsgroups or email use by others.

2.13. Engaging in any of the above activities using the service of another provider but channeling such activities through a CMSInter.Net account or re-mailer, or using a CMSInter.Net account as a mail drop for responses.

3. Unlimited Service
Member acknowledges that CMSInter.Net’s Service is intended for periodic, active use of email, user newsgroups, file transfers via FTP, Internet chat, Internet games and browsing the World Wide Web. Member further agrees not to use the service on a standby or inactive basis in order to maintain a connection. Pinging is expressly prohibited. Accordingly, CMSInter.Net maintains the right to terminate members connection following any extended period or inactivity as determined by CMSInter.Net.

4. CMSInter.Net Assumes No Liability
CMSInter.Net has no practical ability to restrict all conduct, communications or content which might violate this Policy prior to its transmission on CMSInter.Net’s systems, nor can CMSInter.Net ensure prompt removal of any such communications or content after transmission or posting. Accordingly, CMSInter.Net does not assume liability to subscribers or others for any failure to enforce the terms of this Policy.

5. Revisions to this Policy
CMSInter.Net reserves the right to modify this Policy at any time. Notice of modifications to this Policy may be given to subscribers by posting such changes to the CMSInter.Net homepage (http://www.CMSInter.Net), by electronic mail, or by conventional mail.
Copyright & Trademark Information

© 2008 CMS Internet LLC. Trademarks are property of their respective owners. CMS and the CMS logo are trademarks of CMS Internet LLC

CMS Internet Access Agreement

CMSInter.Net provides the Service, defined below in Section 1, subject to your compliance with this Agreement.

1. Service.

1.1 The Service includes: Internet access (including, but not limited to the following types: Dialup, DSL, Wireless, Ethernet, Fiber, T1, T3); Electronic mail (”email”) and a single electronic mail address; one Personal Web site (up to 1 megabyte) on CMSInter.Net’s server (regardless of the number of mailboxes per your account).

1.2. Any means of identification assigned to you by CMSInter.Net (including usernames and email addresses) will remain the property of CMSInter.Net and at CMSInter.Net’s sole discretion may be altered or replaced at any time.

1.3. CMSInter.Net makes no guarantees as to the continuous availability of the service, any specific feature, speed, or throughput of the service. CMSInter.Net reserves the right to change the Service or any of its features at any time with or without notice.

1.4 CMSInter.Net reserves the right at CMSInter.Net’s sole discretion to completely block and/or traffic shape all “P2P” type traffic on our network. This is to ensure the quality and performance of the network for all users.

1.5 CMSInter.Net makes no guarantees that our services will be compatible with any devices other than standard PC computers running Microsoft Windows 98 or newer operating systems, and Apple Macintosh Computers running OS 10.x or above. While many other devices may function without problem on our systems, we make no guarantees and offer no technical support for these devices.

1.6 CMSInter.Net reserves the right to disconnect services to any user that CMSInter.Net at their sole discretion determines to have an “infected computer”. Such infections may include, but are not limited to: Virus and Spyware infections. Subscriber will be encouraged to have their system cleaned by CMSInter.Net or a third party provider. Subscriber’s service will not be turned back on, until we have confirmation that their system is 100% clean.

1.7 CMSInter.Net reserves the right at our discretion send out service announcements, maintenance announcements, and/or special offers to our current subscribers either via the email address we have on file and/or via the postal address we have on file.

1.8 CMSInter.Net reserves the right to contract out certain online advertising capabilities to third party companies. CMSInter.Net has entered into an agreement with a third party advertiser, who through their advertising network will provide tailored advertising services using non-personally identifiable information. These advertisements will be based on users’ anonymous surfing behavior while they are online. This anonymous information will NOT include those users’ name, e-mail address, telephone number, or any other personally identifiable information. The information observed is non-personally identifiable and anonymous and cannot, by itself or in combination, identify a specific person.

You will NOT get any more advertising online than you already get. The benefit that this third party advertising network provides to you is that it can display advertisements to you that are more likely to be related to your interests. The ad network does not tailor ads to children under the age of 13, nor does it track or display advertisements related to any adult content. You will not see any more ads than you would otherwise see, nor will these ads be any more intrusive or different from standard ads across the Internet.

Please rest assured that CMSInter.Net does not and will not share Personally Identifiable Information with any advertiser. The term “Personally Identifiable Information” or “PII” means any information collected online about a user, such as a first and last name, a physical street address, an e-mail address, a telephone number, or a social security number, that permits the identification of particular persons.

If you would like to opt out, go to http://www.nebuad.com/privacy/optout.php . By opting out you will continue to receive advertisements as normal, except these advertisements will be less relevant and less useful to you.

If you would like more information about our third-party ad serving company and its privacy policies, please visit http://www.nebuad.com/privacy/servicesPrivacy.php .

1.9 Equipment & Scope of Work: All equipment, (radios, antennas & standard mounting equipment), except for equipment purchased and paid for in full by the Subscriber, will at all times remain the property of CMSI. Subscriber may not sell, transfer, lease, encumber or assign all or part of the equipment to any third party. Subscriber shall pay for the full retail cost of, or the repair or replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased encumbered or assigned equipment or part thereof, together with any costs incurred by CMSI in obtaining or attempting to obtain possession of any such equipment. On expiration or termination of this Agreement, Subscriber authorizes CMSI to retrieve from Subscriber’s premises equipment for appropriate disposition, which is owned by CMSI.

Permitting & Landlord Approval: It is the Subscriber’s responsibility to obtain any required permits or to gain landlord approval for the placement of the antenna on the Subscribers building. CMSI may assist you or provide this service for you for an additional charge.

Standard Maintenance: CMSI connection point ends at the wireless radio or LAN jack on our router. Any trouble beyond our network or equipment is the full responsibility of the Subscriber and their subsequent Network Administrator or vendor. Standard maintenance is limited solely to CMSI network and backbone connectivity. If your connection ceases to function properly after it has been tested and shown to be working, but CMSI network is still functioning properly, a technician will be sent to trouble shoot during normal business hours (9AM-5PM, Monday-Friday). If the problem is due to subscriber negligence, or any of those items listed in the “Not Covered by Maintenance Plan or Standard Maintenance Plan” section, standard hourly rates apply.

Maintenance Plan: Subscriber has the option to select a desired response time and associated cost. Maintenance Plans available upon request.

Not Covered by Maintenance Plan or Standard Maintenance Plan: Maintenance, repair or replacement of parts damaged or lost through catastrophe, accident, lightning, neglect, misuse, transportation, theft, fault or negligence of Subscriber or causes external to the wireless system, such as, but not limited to failure of, or faulty, electrical power or air conditioning, operator error, or malfunction of Subscribers computer and/or peripheral equipment not installed by CMSI, or from any cause related to or other than the intended and ordinary use. Antenna re-aiming due to obstructions such as trees or buildings, or storm related damage. Any re-aiming of antennas or reconstruction of tower/mast assemblies will be billed to the Subscriber at standard hourly rates.

Warranties: All CMSI provided equipment, cables, and antennas are covered for a period of no more than 1 year. If any of the equipment fails due to manufacture defect prior to one year, it will be replaced at no charge pending testing of said equipment.

Use of Material: All content downloaded or uploaded using CMSI system shall remain the sole responsibility of the Subscriber. The

Subscriber assumes all risks associated with material, Including but not limited to, copyright restrictions, trademark restrictions, service mark restrictions, confidentiality limitations, trade secrets, patent restrictions or any other intellectual property tangible or intangible rights associated with the material.

Use of Services: Subscriber is expressly prohibited from reselling any services offered by CMSI under this agreement without the prior

written consent of CMSI. Subscriber is prohibited from hosting any web site dedicated to the sale or dissemination of pornographic materials and/or containing content of a sexually explicit nature. Subscriber understands and agrees that this service may be utilized solely for lawful purposes and the use of this service in connection with or adjunct to any matter or thing which violates and foreign municipal, state, county or federal state or regulation is expressly prohibited. Subscriber acknowledges that CMSI is a commercial entity. Subscriber agrees that its use of the services herein shall not infringe upon the use by other subscribers of CMSI or the wireless network. Subscriber is prohibited from sending unsolicited advertising or promotional materials to other CMSI or wireless network subscribers. Should Subscriber violate any provision of this section, CMSI at its sole discretion may immediately suspend services to Subscriber and terminate this agreement. CMSI liability for termination of this Agreement under this provision shall be solely limited to a refund to Subscriber of any unearned prepaid service fees. CMSI shall not be liable for any incidental or consequential damages as a result of the termination of the Agreement under this provision.

Abuse of Services: Any use of the CMSI system that disrupts the normal use of the system for other CMSI Subscribers is considered to be abuse of services. The propagation of computer worms or viruses or the use of the network to make unauthorized entry to other computational, information, or communication devices or resources of others is a violation of this agreement. The use of CMSI’ services by Subscriber to modify, alter, reverse engineer, decompile disk, or disassemble any proprietary work in whatever form is a violation of this Agreement. The failure of any Subscriber running IPX to use an IP tunneling protocol is a violation of this Agreement. The broadcast of Routing Internet Protocol (RIP) by Subscriber is a violation of this Agreement. Any Subscriber deemed by CMSI to be in violation of this section is subject to immediate termination by CMSI. Termination under this section shall have no liability other then to refund any unearned prepaid service fees including direct, indirect, Incidental or consequential damages.

Indemnification/Release: Subscriber, its agent, successor and/or assigns expressly agrees to indemnify and release CMSI, its affiliates, subcontractors, employees, agents, assigns or successors from any liability for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise related to Subscriber’s installation of, use of, or termination of CMSI’ services hereunder including but not limited to, Subscriber’s access to content uploaded or down loaded using CMSI’ services from any source or to any recipient. Subscriber further releases CMSI from any responsibility or liability related to the accuracy, quality for confidentiality of any information available by or through CMSI systems and/or the wireless network. Subscriber’s release of CMSI includes any actions or inaction by CMSI, which amount to negligence. Subscriber further agrees to indemnify and hold harmless CMSI, Inc. from and against any and all claims actions causes of action, losses or damages including attorney’s fees which in any way arise from Subscriber’s installation of, use of, termination of CMSI services herein.

Disclaimer: CMSI assumes no responsibility for the content contained on the Internet or otherwise available through the wireless network or from any source accessible via CMSI’ services. CMSI discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the services provided by CMSI which may be offensive to some individuals, which may not be in compliance with local, state or federal laws, rules or regulations, Including but not limited to pornographic, or otherwise inappropriate or sexually explicit or offensive content. Subscriber acknowledges to CMSI that its use of CMSI’ services to access information, content or other services is at its own risk.

Governing Law and Venue: The laws of the State of Michigan shall govern the terms of this Agreement. The parties hereto stipulate and agree that the exclusive venue for the resolution of all disputes concerning this Agreement shall be Montcalm County, Michigan.

Arbitration & Attorneys Fees: The Subscriber and CMSI agree that any controversy or claim between them arising out of or relating to this Agreement shall be settled exclusively by arbitration. Such arbitration shall be conducted in accordance with the commercial arbitration rules then in force of the American Arbitration Association. The arbitration award shall be final and binding on both parties. Judgment upon such arbitration award may be entered in any court having jurisdiction. Subscriber and CMSI agree that should either party bring action for enforcement, interpretation or otherwise under this Agreement the prevailing party in such action shall be entitled to its attorney’s fees and costs including those incurred in any appeal.

Entire Agreement: This Agreement constitutes the entire Agreement between the parties and no other representations or statements will be binding upon the parties. If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect.

2. Registration Requirements.

2.1. Member certifies to CMSInter.Net that he/she is not a minor. By accepting this Agreement, you represent that you meet this age requirement. Minors who use the Service are assumed to have parental or guardian consent to do so.

2.2. You agree to provide CMSInter.Net with accurate and complete billing information including your legal name, address, and telephone number. All changes to this information must be reported to CMSInter.Net within 30 days of the change.

2.3. By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you cancel the account as specified in Section 11.

3. Fees.

3.1. Setup fees are nonrefundable, and CMSInter.Net does not issue pro rata refunds for any fees paid in advance.

3.2. Unlimited Internet access as defined in section 3 of the Acceptable Use Policy, is offered by CMSInter.Net subject to the following limitations:

3.2.1. LOCAL ACCESS DIALUP NUMBERS MAY NOT BE AVAILABLE IN ALL AREAS. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE IF USE OF A PARTICULAR CMSInter.Net DIALUP NUMBER WILL CAUSE YOU TO INCUR LONG-DISTANCE, TOLL OR OTHER CHARGES. CMSInter.Net IS NOT RESPONSIBLE FOR ANY LONG-DISTANCE OR TOLL CHARGES INCURRED BY YOU THROUGH YOUR USE OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL TELECOMMUNICATIONS CHARGES INCLUDING LOCAL AND LONG-DISTANCE TELEPHONE CHARGES FOR CONNECTION TO THE SERVICE BY YOU AND BY THOSE WHO ACCESS THE SERVICE THROUGH YOUR ACCOUNT.

3.3. Current prices for CMSInter.Net services may be obtained by calling 1-800-828-3745. CMSInter.Net reserves the right to change prices and institute new fees. CMSInter.Net may change rates or institute new charges at any time upon 30 days prior notice. CMSInter.Net does not issue pro rata fee refunds.

3.4 A service charge, up to the maximum allowed by the state you reside in, will be assessed to your account for each check that is returned to CMSInter.Net for insufficient funds.

3.5. Payments for all charges are due within 30 days of the month in which the charges are incurred. If your account is delinquent, your account may be suspended or canceled at CMSInter.Net’s sole discretion.
If your account incurs charges which are denied by your financial institution, CMSInter.Net reserves the right to re-bill for those charges, regardless of your account status.
If your account is suspended, regular charges continue to accrue until you cancel your account. CMSInter.Net may, at its sole discretion, charge a fee of $9.95 to reinstate a suspended account.

3.6. Interest charges of 1% per month (or the highest rate permitted by law if lower than 1% per month) will accrue daily on any unpaid balance which is more than 30 days old.

3.7. You agree to pay all sales and use taxes, duties, or levies which are required by law as well as all attorney and collection fees arising from efforts to collect any unpaid balance on your account.

3.8. If you believe that CMSInter.Net has billed you in error, you must contact the Customer Service Department (per Section 11) within 60 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges which are more than 60 days old.

4. Use of the Service.

4.1. You and any members of your household are the only individuals who are authorized to access the Service through your CMSInter.Net account. You must not permit anyone else to access the Service through your account and must ensure that all authorized users of your account comply with this Agreement. In addition, there may not be any simultaneous usage of your account or username from two or more computer systems.

4.2 You are responsible for maintaining the confidentiality of passwords used by you or members of your household.

4.3. You are responsible for all charges assessed as a result of use of your account. However, CMSInter.Net will not hold you responsible for charges attributable to an unauthorized users access to your account without your permission, provided that you notify CMSInter.Net within 24 hours of discovering any such unauthorized use and the unauthorized use is not attributable to the failure of any authorized user to exercise reasonable efforts to maintain the confidentiality of the account or password.

4.4. You are responsible for providing and maintaining all equipment and other software necessary to access the Service.

4.5. You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation; subjects CMSInter.Net to liability; or is in contravention of CMSInter.Net’s Acceptable Use Policy. You agree to comply with all CMSInter.Net security procedures and standards and to be bound by the terms and conditions of the End User License Agreement for any software provided to you.

5. Monitoring the Service; Disclosure of Member Information.
CMSInter.Net has no obligation to monitor the Service but may do so and may disclose information regarding your use of the Service to satisfy laws, regulations or governmental requests; to operate the Service properly; and, to protect itself and its members. However, CMSInter.Net will not disclose member information to outside persons or entities for the purpose of soliciting CMSInter.Net members.
CMSInter.Net, IN ITS SOLE DISCRETION, MAY REMOVE OR REFUSE TO POST ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, WHICH ARE UNACCEPTABLE, UNDESIRABLE OR IN VIOLATION OF THIS AGREEMENT.

6. No Warranties are expressed, implied, or provided by CMSInter.Net.

6.1. Except for certain products and services specifically identified as being offered by CMSInter.Net, CMSInter.Net does not control any information, products or services on the Internet and except for such CMSInter.Net-identified content, all merchandise, information and services offered, made available, or accessible on the Internet are by third parties who are not affiliated with CMSInter.Net.

6.2. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET BY YOU AND YOUR AUTHORIZED USERS. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CMSInter.Net DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. CMSInter.Net MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH CMSInter.Net OR ON THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY CMSInter.Net, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY.

6.3 CMSInter.Net SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.

6.4. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU OR OTHERS ACCESSING THE SERVICE THROUGH YOUR ACCOUNT. YOU ACCESS SUCH MATERIALS AND PERMIT OTHERS TO ACCESS SUCH MATERIALS THROUGH YOUR ACCOUNT AT YOUR OWN RISK. CMSInter.Net HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS.

7. Your Remedies.

7.1. If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your account by one of the methods outlined in Section 11.

7.2. UNDER NO CIRCUMSTANCES SHALL CMSInter.Net, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM ANY: USE OF YOUR ACCOUNT OR THE SERVICE OR YOUR INABILITY TO USE THE SERVICE; ACCESS OF THE INTERNET OR ANY PART THEREOF; OR, YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.

8. Indemnity.
You agree to defend, indemnify, and hold CMSInter.Net and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or arising from: any violation of this Agreement by you or those who access the Service through your account; AND, the use of the Service or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.

9. Term of Agreement.
This Agreement is effective from your acceptance thereof, which is indicated by your clicking the “Yes” button at the end of this Agreement or upon establishment of your account. If you are a current CMSInter.Net member when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement.

10. Termination of Agreement.

10.1. You may terminate this Agreement by using only the methods outlined in Section 11. Your termination will only be complete upon your receipt of a confirmation number from CMSInter.Net. You will receive verbal confirmation if you cancel by telephone, and a written reply through U.S. mail if you cancel by mail or web form. EMAIL CANCELLATIONS WILL NOT BE ACCEPTED. Charges to your account will stop accruing the day you receive your confirmation number. CMSInter.Net does not issue pro rata fee refunds.

10.2. CMSInter.Net may terminate this Agreement: at any time without cause upon 30 days prior notice; or, immediately if you or any person who has access to the Service through your account, commit a material breach of this Agreement, including but not limited to a breach of any obligation imposed under Section 4 or you fail to pay any charges within 30 days of the date they accrue.

10.3. Upon termination of this Agreement all rights granted to you and your authorized users under this Agreement shall immediately cease and terminate; and, you must destroy or return to CMSInter.Net all copies of software and documentation that you received from CMSInter.Net.

10.4. Termination of this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.

10.5. CMSInter.Net’s right to enforce the provisions of Sections 3, 5, 6, 7, 8, 11, and 12 shall survive termination of this Agreement.

11. Notice.

11.1. You may change or cancel your CMSInter.Net account by the following methods only: first-class registered or certified mail, return receipt requested addressed to CMSInter.Net, Customer Service, 108 S. Main St., PO Box 395, Crystal, MI 48818; or telephone calls directed to Customer Service at 800-828-3745

11.2. CMSInter.Net may provide notice to you by the following methods: Electronic mail (email) addressed to your email account; general posting to CMSInter.Net’s web site at http://www.CMSInter.Net; or by US Mail or courier service at the address you provided CMSInter.Net when you registered for the service. All notices or other communications to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or posting or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.

12. Miscellaneous.

12.1. CMSInter.Net’s failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.

12.2. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, United States of America, without regard to its conflicts of law provisions. You consent to the personal jurisdiction of the federal and state courts having jurisdiction for Crystal, Michigan with respect to all disputes arising out of this Agreement, your use of the Service or otherwise between you and CMSInter.Net. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

12.3. Any action at law, suit in equity, or other judicial proceeding concerning, relating to, arising from, or touching upon in any way, no matter how remotely, the contract for services between you and CMSInter.Net and/or your use of and/or CMSInter.Net’s provision of systems and services there under, shall be brought and litigated, if at all, only in the state court system of the State of Michigan. In such event, you acknowledge the right of the specified court to assert personal jurisdiction in any such action over you and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.

12.4. Neither this Agreement, nor any of your rights or obligations arising hereunder, shall be transferable by you to any third party without CMSInter.Net’s prior written consent.

12.5. This Agreement, and the Acceptable Use Policy, constitutes the entire agreement between you and CMSInter.Net with respect to the Service.

12.6. CMSInter.Net reserves the right to alter, amend or modify this Agreement at any time.