Brier Net ("Brier Net") agrees to provide services to its customers ("Customer") according to the following terms and conditions:

Customers of Brier Net are responsible for reviewing and complying with this Internet Access Agreement. This Agreement is subject to change with notice by publication on the web at http://www.brier.net - customers are responsible for monitoring this web site for changes. This Policy was last changed on October 15, 2002.

1.) Right of Use: The benefits and rights conferred by this agreement are nontransferable. Use of Brier Net accounts are limited to the individual or business whose name appears on the account. Personal accounts may also be used by family members of Customer living at the same address. Customer agrees to use all Brier Net services in a manner consistent with applicable laws. In the event that services are not used in accordance with all applicable laws, Brier Net reserves the right to cooperate with all law enforcement agencies. If Customer is less than 18 years of age, a copy of this Agreement must be signed by a parent or legal guardian, who is responsible for all charges related to Brier Net services used by Customer. Brier Net reserves the right to change, without notice, Brier Net access procedures, hours of operation, vendors, and services offered.

2.) Passwords: Customer is responsible for all use of the account and the confidentiality of passwords. Brier Net will suspend or change access to Customer's accounts immediately upon notification by Customer that his or her password has been lost, stolen, or otherwise compromised. Brier Net is not liable for any usage or charges prior to Brier Net making the necessary account alteration.

3.) Backup of Customer Data: Brier Net is not responsible for Customer's personal files residing on Brier Net equipment. Customer is responsible for independent backup of his or her data.

4.) Termination: Brier Net, at its sole business judgment, may terminate this Agreement immediately or suspend Customer's access to Brier Net services upon any breach of this Agreement by Customer, including, but not limited to, refusal or failure to pay for services provided, or by sole judgment of Brier Net that Customer may be performing activities harmful to Brier Net or its customers, employees, vendors, business relationships, or any other users of the Internet.

5.) Obligation to Pay: Customer agrees to pay Brier Net all charges relating to the use of Brier Net services, including a one time activation fee of $20.00. In the event that Brier Net initially waives this fee, Brier Net reserves the right to reinstate the activation fee if the account is found to be in default within the first 60 days of service. Failure to use Brier Net services does not relieve Customer of payment obligations. New customers must pay their first payment within 10 days of service activation _ if payment is not received within that time, service will be deactivated until full payment is received. All other accounts must pay charges in a timely manner to maintain services. Payments more than 15 days late will result in suspension of service and late charges. Brier Net reserves the right to change prices on 30 days notice published online.

6.) Checks and electronic payments: If Customer is paying by check, Customer authorizes Brier Net to debit Customer's checking account for the amount of any check returned unpaid by Customer's bank, plus a $25 returned check fee. This includes the authorization for Brier Net to re-process the check through an electronic clearing house.

7.) Telephone charges: The customer is responsible for insuring that the calling plan they have with their local telephone provider will not cause them to incur message unit or long distance charges. The customer is responsible for all local and long distance telephone charges when using Brier Net services.

8.) Default: Customer is in default of this Agreement if: 1.) Customer fails to abide by any Brier Net condition of service; or 2.) Brier Net does not receive a payment on or before its due date. In the event the Customer defaults on this Agreement, Brier Net may suspend or cancel the Customer's account. Also, Brier Net reserves the right to bill outstanding balances to any Credit Card or checking account previously used by the Customer without regard to the billing option selected by the Customer. In the event the Customer has normally received monthly statement billing, Brier Net reserves the right to electronically debit the Customer's checking account.

9.) Cancellation: In the event of cancellation of service, Customer is responsible for the full current month's charges. Cancellation notice must be submitted by U.S. mail, email to support@brier.net from the Brier Net account, or faxed to 1-304-720-1830.

10.) As-Is: Brier Net services are provided on an "as is, as available" basis. No warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made. This in no way includes any reimbursement for losses of income due to disruption of service by Brier Net or its vendors. Neither Brier Net nor its vendors are responsible for any damages arising from Customer's use of Brier Net services or by Customer's inability to use Brier Net services.

11.) Unacceptable Use: Use of Brier Net services for advertising or promotion of commercial products or services requires a business account. Resale of Brier Net services without a written agreement is prohibited. The following violations of "netiquette" are grounds for immediate suspension of service pending investigation by Brier Net and will result in termination of the account(s) if the investigation determines that the Customer has originated or transmitted these types of traffic.

Customers 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 Brier Net. Customer agrees not to publish or distribute any information through Brier Net 's services which violates or infringes any copyright, trademark, or other proprietary rights of others, or which contains anything obscene or libelous. Software intended to facilitate any such violations or infringements may not be stored on Brier Net machines.

12.) Damages: Brier Net reserves the right to collect damages (software, hardware, and man hours) if any harm is done to Brier Net by Customer which requires repair or reconfiguration of any kind.

13.) Unlimited Use: Certain Brier Net Products and Services are sold on an Unlimited Use basis. The definition of Unlimited Use is the act of human being actively surfing, chatting or otherwise engaged in the use of the Service. Running POP clients, bots or other software mechanisms to cause a connection to appear to be in active use does not meet this criteria. Brier Net unlimited interactive usage dialup connections are not intended to be FULL TIME dedicated connections and will be disconnected after a period of inactivity. Brier Net reserves the right to impose restrictions on accounts it deems to be in violation of these conditions.

14.) Governing Law: This Agreement shall be governed by the laws of the State of West Virginia.

15.) Entire Agreement: This Agreement contains the entire agreement and understanding between the parties and supersedes all prior agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever. Each and every provision of this Agreement is independent and severable from the others, and no restriction will be rendered unenforceable by virtue of the fact that, for any reason, any other or others of them may be unenforceable. Non_enforcement of any section of this Agreement does not constitute consent and Brier Net reserves the right to enforce this Agreement at its sole discretion.