(Changes made on 1/30/04 are marked in red)

I-Land Internet Services, a division of Imagination, Inc., ("I-Land") operates a high speed connection to the Internet and makes its network and computer facilities available to I-Land’s subscribers for personal, commercial and research uses. During normal usage of network resources, subscribers may utilize portions of the Internet that restrict commercial or other traffic as per its own Acceptable Use Policies ("AUPs"). All I-Land subscribers must abide by all AUPs for any network that they traverse, and always comply with local, state, federal, and international laws.

Terms and Conditions for Use of I-Land Internet Access Service:

1. I-Land exercises no control over the content of the information passing through its networks. I-Land makes no warranties of any kind, whether expressed or implied, as to the availability, accuracy, or content of the information, products, or services it provides. Warranties on equipment and/or software purchased from I-Land are limited to the written limited warranty which accompanies merchandise. All sales are final with no returns on equipment and/or software other than required by law. I-Land, its affiliates, access providers, or contractors shall not be liable for direct, indirect, incidental, special, punitive or consequential damages that result in any way from customer’s or customer’s authorized users’ use of or inability to use the service or to access the Internet or any part thereof, or customer’s or customer’s authorized users’ reliance on or use of information, services, communication, 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. Use of any information obtained via I-Land is at the user’s own risk. I-Land specifically denies any responsibility for the accuracy or quality of information obtained through its services.
   
2. Any liability of I-Land, including without limitation liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or any other cause of action, shall be strictly limited to the amount paid by or on behalf of the customer to I-Land for the current month.
   
3. I-Land’s network and services may be used for lawful purposes only. Transmission of any material in violation of federal, state, or foreign regulation is prohibited.

1. Customer understands that the Internet contains unedited materials including sexually explicit material and other material which may offend some people. Customer and customer’s authorized users access such materials at customer’s own risk. I-Land has no control over and accepts no responsibility for such materials.
   
2. The service is provided on an "as is" and "as available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, noninfringement or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by I-Land, its affiliates, access provider or its contractors or their respective employees shall create a warranty. Neither I-Land nor its affiliates or access providers warrants that the service will be uninterrupted or error free or that any information, software, or other material accessible on the service is free of viruses, worms, trojan horses or other harmful components.
   
3. If customer is dissatisfied with the service or with I-Land's terms, conditions, rules, policies, guidelines, or practices in operating the service, customer’s sole and exclusive remedy is to terminate this Agreement in accordance with Section 12 and discontinue using the service.
   
4. I-Land has no obligation to monitor the service. However, customer agrees I-Land has the right to monitor the service electronically and disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the service properly, or to protect itself or its subscribers. I-Land will not intentionally monitor or disclose any private electronic-mail message unless required by law. I-Land reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.  I-Land also reserves the right to contact authorities regarding publicly accessible material brought to its attention if it appears to be of questionable legality.

4. I-Land may deny customer access to all or part of the service without notice if customer engages in any conduct or activities that I-Land, at its sole discretion, believes violates any of the terms and conditions in this Agreement. If I-Land denies customer access to the service because of such a violation, neither customer or customer’s authorized users shall have any right (1) to access through I-Land any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to customer, and such credit(s) will be forfeited, (3) to access third party services, merchandise or information on the Internet through I-Land, and I-Land shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
   
5. When accessing other networks connected to I-Land’s systems or networks, customer must comply with those networks’ AUPs.
   
6. Resale of I-Land’s networks and/or services is strictly forbidden under all circumstances without a prior written agreement between I-Land and Customer concerning resale of I-Land's services.  Further, unless otherwise arranged in writing, I-Land’s services are offered only to the customer and those residing in their family residence, or in the case of a business, to that business exclusively. The I-Land services is not to be shared with other entities, whether by sharing of username/password or through other electronic means.
    
7. The Terms and Conditions of this Acceptable Use Policy supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any other submittal. Use of I-Land’s services, networks, and systems constitutes acceptance of these Terms and Conditions.
   
8. Standard dial-up accounts provide unmetered attended access.   Unmetered attended access allows interactive, attended access each month without fear of being charged a "per hour" surcharge beyond over a set number of hours during that month.  It is not a guarantee of line availability or uninterrupted connection, nor is it  a substitute for a dedicated line, which is available to users with the need for a guaranteed, uninterrupted connection.  Servers including but not limited to web, chat, and FTP servers (and other processes that provide similar server-like functions) operate in an unattended mode by definition.  These processes may not be run on a computer connected to I-Land via a standard dial-up account.  If you must operate such a server, contact I-Land about dedicated connection options. 
   
9. Standard dial-up account users must log off if idle for more than 15 minutes. We reserve the right to automatically disconnect users after 15 or more minutes of inactivity.  For the purposes of this agreement, "inactivity" includes that activity meant solely to avoid the automatic 15 minute disconnect. Users sending email that is addressed to more than 50 recipients or that totals more than 50mb of data (recipients x message size) must run consecutive mail delivery programs. Single mailings to more than 50 recipients or mailings that total more than 50mb of data (recipients x message size), unsolicited mail (commercial or non-commercial) to multiple recipients and/or harassing or threatening emails are not allowed. An individual dial-up account entitles only the named user to log in, and from only one dial-up modem or TCP/IP connection at a time. Multiple individuals accessing a single account is not permitted unless by special arrangement: I-Land also offers dedicated connections and dedicated lines. Those dedicated service accounts are not governed by the above non-dedicated account usage policies, but ARE governed by ALL other AUP terms and conditions. Other uses are considered fraudulent. A charge equal to the monthly service fee may be charged for additional concurrent login sessions within a billing period.

1. I-Land reserves the right to implement and modify at its discretion any utility necessary to provide fair access  opportunities for all I-Land dial-up customers. If lines in a particular market are full, I-Land may automatically disconnect users who have been online for many hours that day, and not allow them to reconnect to any I-Land dial-up port until sufficient ports, as determined by I-Land, become available. This will free a modem line for a customer who has had no opportunity to access I-Land on that day.  Implementing this utility and, as necessary, other similar utilities, will allow I-Land to continue to offer unmetered attended access without charging additional fees for extended usage.

10. Commercial postings to non-commercial newsgroups or listservs, or postings which are directed to either inappropriate, unrelated, or more than 10 groups or listservs are prohibited. "iland.net" groups or listservs, if any, do not allow postings, or references, to other service providers.
    
11. "Personal web space", which I-Land provides at no additional charge to customers with I-Land email accounts, is intended for personal, non-commercial use only.  For the purposes of this document, "commercial" includes but is not limited to businesses, home-based businesses (full- or part-time), government entities, educational institutions, organized clubs, and trade unions.  If a commercial web site is found to reside in a user's personal directory, I-Land may take actions up to and including removal of the site, cancellation of the user's access account, and/or billing in arrears for the site at the then-current commercial web site rates, and requiring that the site (if maintained) be moved to one of I-Land's commercial web server platforms. 
    
    A total of 50mb of storage space is provided to each user. This includes both email storage and personal web space. Personal web sites may transmit up to 500mb of data per month. Sites with transmission totals beyond 500mb per month must either be removed, adjusted to bring transmission total within personal web site guidelines, or moved to a commercial web site plan (regardless of the "personal" nature of the website).
    
    Revised 01/01/2008: I-Land will delete the contents of any mailbox that has reached the 50mb mail quota level after 60 days, if "over quota" mailbox has not been accessed by customer's login during that 60 day period. Example; customer "X" mail quota reaches 50 mb quota level on Jan. 1st 2008 at 60 days if the account has not had activity (via customer logging in) then contents of that mailbox will be deleted and the mailbox will be set to inactive. This has become necessary due to the excessive amount of bounce messages being generated by the "full over quota" account. I-Land has never encouraged nor do we recommend that you use your mail account as a storage device. Mail should be downloaded to the user's local machine on a regular basis.
    
    In addition to the 50mb of storage space described above, I-Land provides up to 10mb of additional space to each customer with an I-Land email account to use in conjunction with our iPics online digital photo management tool. iPics is designed to allow customers to share photos with family and friends in a very easy and convenient format. If customer needs additional space for photos, it may be purchased from I-Land. iPics should not be used as the customer's primary photo archive. Though all iPics data is backed up on a regular basis, I-Land does not guarantee the availability of data stored within iPics. I-Land may suspend or cancel a user's iPics storage if, in its sole judgement, the volume of traffic to the customer's iPics site is out of the scope of normal "personal" use. In addition, if the content of the customer's iPics site violates any local, state, or federal laws, or violates other terms of this Acceptable Use Policy, I-Land may take actions up to and including removal of the site, or cancellation of the user's access account
    
    
12. Payments for I-Land services must be made in advance via a pre-arranged monthly credit card payment, pre-arranged monthly auto debit from checking account, or yearly by cash or check.  Depending on the payment option, customers will be billed via credit card, auto debit from checking account, or invoiced directly by I-Land. Access to the account may be restricted if credit card processing fails due to insufficient credit, unreported replacement numbers, or unreported expiration extensions. The customer agrees to pay invoices immediately upon receipt and until the account is cancelled by signed notification. Refunds will not be issued for partial months of remaining service. Any future months of paid service fees will be refunded to the customer upon receipt of cancellation notification, and the user account will be closed at the end of the current month. These charges will be processed once per month on a regular schedule. Accounts that remain unpaid after the invoice due date may have their service interrupted. Such interruption will not relieve the customer from the obligation to pay the monthly account charge. An account re-activation fee of $15.00 may be charged to reestablish service. If customer pays by auto debit or check and it is returned unpaid, the account will be immediately suspended in default, and the check will be subject to a returned check fee of up to $25.00. If customer defaults on payments due I-Land, customer agrees to pay I-Land reasonable collection expenses, including attorney and collection agency fees.
    
13. Customer agrees to defend, indemnify and hold I-Land and its access providers and affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to or arising from: (a) any violation of this Agreement by customer, or customers’ authorized users; (b) the use of the service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by customer or customer’s authorized users; and (c) negligent acts or omissions of customer’s officers, employees, agents or contractors in connection with the construction, installation, maintenance, presence, use or removal of systems, channels or terminal equipment or software not provided by I-Land which are connected or are to be connected to the service.
    
14. I-Land’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. I-Land reserves the right to modify, change and reformat this document as if deems necessary without permission or consent of its network users. Copies of the AUP will remain available via the I-Land Home Page.  I-Land further reserves the right to modify any terms or pricing of services offered.  Such changes will either be detailed within the AUP or provided in the form of an email to all users or an announcement on I-Land's homepage, reachable at http://www.iland.net .  The sole remedy of any customer who does not agree to these changes is the refund of any unused months of prepaid service, plus a pro-rata refund of any remaining portion of the month in which the changes were announced.
    
15. Other use of I-Land’s service networks, equipment and/or lines are considered fraudulent, and a charge equal to an account’s monthly fee may be charged for violations.
    
16. Using or traversing I-Land’s networks constitutes full agreement and understanding of this AUP and/or any future AUP modifications.

Using I-Land Internet Services for access to the Internet indicates that you have read and agree to this Acceptable Use Policy, and agree to abide by the terms and conditions stated herein.

1/30/04