The user/account holder (hereinafter referred to as "I, Me, Myself, etc.") must completely read these terms and conditions for Fish(5), Corp. (hereinafter referred to as "Safeplace.net").

The following are the terms and conditions for use of Safeplace.net's Internet service. These terms completely and unconditionally govern the use of Safeplace.net.

I understand that Safeplace.net reserves the right to modify or change any and/or all parts of these terms with no notice to me. Any modification is effective immediately upon any or all of the following: posting on the Safeplace.net service, electronic mail, or conventional mail.

I understand that if I do not understand any part of this document I must halt using the service and contact Safeplace.net immediately. I understand that I must not use the service until all of my questions/concerns have been answered. If there is any part of these terms that you find unacceptable I MUST AND AM REQUIRED TO TERMINATE MY MEMBERSHIP.

I understand that establishing an account(s), or using any service(s), shall be conclusively deemed as an acceptance to all of these terms as well as any modifications that to this terms of use agreement. I understand that establishing an account(s) does not necessarily mean actually using the account.

I understand that as long as I adhere to the terms and conditions of this Agreement, Safeplace.net will provide me with unlimited filtered Internet access as defined in this agreement, personal web space, and email addresses.

I understand that I am responsible for the use of such services, whether by myself or by anyone whom I knowingly allow to use my account.

I agree that my use of these services will comply with Safeplace.net's Terms of Use, which Safeplace.net may change from time to time effective upon notice.

I further understand that Safeplace.net reserves the right to change the service at any time with or without notice.

Features of the service which are subject to change include, but are not limited to, access procedures, filtering parameters and methods, commands, rates and fees, documentation, menu structures, hours of operation and vendors, etc.

I understand that Safeplace.net grants me a non-exclusive, non-transferable right to access, use and display the Safeplace.net service on any machine(s) of which I am the primary user. The Safeplace.net service is provided on an "as is," "as available" basis without warranties of any kind neither expressed nor implied warranties of merchantability or fitness for particular purpose. No oral advice or written information given by Safeplace.net, its employees, licensers or the like, shall create a warranty; nor shall you rely on any such information or advice.

I understand and expressly agree that use of the Safeplace.net service is at my sole risk and I agree that any information, service or product accessible through the service is without warranties of any kind by Safeplace.net 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.

I understand that the use of information obtained via the Safeplace.net service is at my own risk. Safeplace.net specifically denies any and all responsibility for the accuracy or quality of information obtained through its services.

I understand and agree to defend, indemnify and hold harmless Safeplace.net, its officers, directors, employees, agents and licensees, from any claims and expenses, including reasonable attorney's fees, arising out of or relating to your use of the Safeplac.net service.

I understand that this agreement constitutes the entire agreement between me and Safeplace.net and supersedes all prior agreements between me and Safeplace.net. Safeplace.net'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 as closely in accordance with applicable laws as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

I understand that under no circumstances, including negligence, shall Safeplace.net, or anyone else involved in creating, producing or distributing the Safeplace.net service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Safeplace.net service including but not limited to reliance on any information obtained on the Safeplace.net 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 or performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Safeplace.net's records, programs or services.

I understand and hereby acknowledge that this provision shall apply whether or not Safeplace.net is given notice of the possibility of such damages and that this provision shall apply to all content, merchandise or services available through the Safeplace.net service.

I understand that I must be at least eighteen (18) years old to register for Safeplace.net's Internet service.

By accepting this Agreement, I am indicating that I meet this age requirement. Minors who use Safeplace.net's Internet service are presumed to have done so with parental consent.

I agree to provide Safeplace.net with accurate and complete billing information, including my legal name, address, and telephone number.

I understand that I must report any changes in this information to Safeplace.net within thirty (30) days of the change.

I understand that registration data and other information is subject to Safeplace.net's Privacy Policy.

I understand that I am responsible for the protection of my account and data.

I understand that the Internet is not a secure system. Data can be, and often is, viewed by third parties. Information or a private or confidential nature should not be placed on the system. Safeplace.net specifically denies any responsibility for the security of your account and the data stored in Safeplace.net's facilities.

I understand that I may order and purchase merchandise or services from others and users of other communications outlets including the Internet. I acknowledge 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 me. Safeplace.net shall not be a party to a transaction between myself and Seller, or be liable for any cost or damage arising either directly or indirectly from any action or inaction of Seller or myself.

I understand that it is recognized that the Internet may contain viruses which may, if not eliminated, destroy parts or all of the data contained within my computer(s). Safeplace.net has no control over these viruses. Neither does SAFEPLACE.NET provide any filtering or checking of data to eliminate these viruses.

I agree to provide my own mechanism for checking my computer system for viruses and to hold Safeplace.net harmless from any damage caused by viruses obtained through Safeplace.net services.

Further, I agree not introduce any virus onto the Internet system or Safeplace.net's system. If I do so, then service will be terminated immediately. Further, you agree to hold Safeplace.net harmless from, and to indemnify Safeplace.net for, any damages or claims for damages resulting from any viruses introduced by you into the Internet system or the Safeplace.net computers.

I understand and acknowledge that the transmission of a single, unsolicited e-mail message to a large number of recipients, or the posting of a single message to a large number of USENETs or newsgroups, whether the message is commercial in nature or otherwise, imposes a tremendous burden on the service because of its excessive use of disk space and bandwidth.

I understand that 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 the message and with whom I have had no prior contact. I understand and agree not to engage in such transmissions.

If Safeplace.net learns that I have in a single day, sent the same or similar unsolicited message to 50 or more recipients or 15 or more USENETs or Newsgroups, Safeplace.net will warn me against such transmissions in the future. I acknowledge that subsequent to such warning, any transmission by me of an unsolicited message to 50 or more recipients or 15 or more USENETs or newsgroups on a single day will result in the immediate termination of your account. In such cases, you agree to pay safeplace.net damages of $75 to compensate Safeplace.net for the costs of enforcing this provision.

In order to install Safeplace.net's Internet service on my computer, I understand that I will receive certain software and accompanying documentation.

I understand that I am not to copy, modify or distribute the software and documentation.

I agree not to create or recreate the source code for the software, or re-engineer, reverse engineer, decompile, disassemble or attempt in any way to disable or deactivate the password protection in the software.

Furthermore, I agree not to remove, erase or tamper with any copyright, trademark or other proprietary notice, either on the software or encoded in the software.

If I elect to be billed for service on my credit card, debit card, ACH, check draft or any other eletronic funds withdrawl method, I authorize Safeplace.net to charge my account based on the service plan to which I have subscribed.

I understand that all charges are considered valid unless I dispute them in writing within thirty (30) days of invoice or billing date.

I understand that I will not receive a proration or refund for the month in which I cancel my service. In cases of advanced payment in which a discount was received no refunds or credits will be given.

I understand that even if I do not use the service(s) (i.e. "logon") that I will still be billed and will continue to be billed until I terminate my service(s).

I understand that Safeplace.net will not be responsible for any charges I incur for exceeding my credit card limit or overdrawing my bank account as a result of any automatic charges, which I have authorized Safeplace.net to make.

I understand that payment is due in advance, on the first day of each month.

I understand that my account will be classified as delinquent if there is an unpaid balance at the beginning of a new billing cycle.

I understand that if my account is still delinquent five (5) days after the beginning of any billing cycle, my account may be suspended or canceled at Safeplace.net's sole discretion.

I agree to pay all attorney and collection fees arising from efforts to collect any unpaid balance on my account.

I understand that if I believe that I have been billed in error, I must contact Safeplace.net within thirty (30) days of the invoice date or the transaction date of a credit card charge.

I further understand that refunds or adjustments will not be given for any charges that are more than thirty (30) days old from the time I first contact Safeplace.net.

I understand that if I have a returned check I will be assessed a $20.00 penalty. Safeplace.net will attempt to bill your alternate payment method immediately. If collection cannot be made, my account will be suspended until payment is made and verified as not in default.

I understand that the term "unlimited access" means I can call in as many times as I wish, but may not stay online for more than four (4) continuous hours. I understand that I will be disconnected if I am on for more than four (4) continuous hours. Unlimited access does not mean dedicated service.

I understand that local access dial-up numbers may not be available in all areas, and that it is my sole responsibility to determine if my use of a particular Safeplace.net dial-up number will result in long distance, toll or other charges.

I understand that Safeplace.net is not responsible for paying any long distance or toll charges, which I incur through use of my Safeplace.net account.

I understand that Safeplace.net reserves the right to modify or change the rates/fees with or without notification to me. If I do not request my service be terminated, service will continue at the new rate.

I understand that acceptable notice to me is any or all of the following: posting on the Safeplace.net service, electronic mail, or conventional mail.

I understand that the term of this Agreement commences upon activation of my account with the Safeplace.net Internet service.

I understand that upon to completion of my term, my term will automatically renew for the same term and will continue to renew until I or Safeplace.net terminate service.

I understand that I can terminate this Agreement if Safeplace.net fails to cure a material breach of this Agreement within thirty (30) days after I notify Safeplace.net of the breach in writing.

I understand that I can terminate this Agreement at any time, provided I give Safeplace.net notice by calling Customer Service, at 866-SAFE-232. I understand that there is no other method by which I can terminate this Agreement.

I understand that Safeplace.net reserves the right to terminate this Agreement, for any reason or for no reason at all. I further understand that termination of this Agreement does not release me from my obligation to pay any charges accrued under this Agreement prior to termination.

I understand that Safeplace.net strongly advises me not to enable 'file sharing', as this may be a potential security risk to my computer. Safeplace.net accepts no liability for ANY security violations that involve my computer.

The following high bandwidth services are strictly prohibited without written consent from Safeplace.net for an account that permits them, these include but are not limited to: hosting web sites, reselling of bandwidth, running of FTP sites, running IRC servers, running Game servers, or any other high bandwidth activity. Safeplace.net reserves the right to cancel my account at any time for any reason.

Proxying of Cable/DSL Internet Access is not supported or recommended by Safeplace.net Support for proxied networks must be obtained via third party, internally by user, or by separate consulting agreement with Safeplace.net.

If required, I authorize Safeplace.net and/or Cable/DSL Provider to install an Ethernet (NIC) Card, or other required equipment in my computer. I understand that this could involve the opening my computer's case and may involve configuration changes to the computer.

I have COMPLETELY backed up my computer before Safeplace.net and/or Cable/DSL Provider has come into contact with it. I understand that Safeplace.net and/or Cable/DSL Provider are not responsible for my data and agree to hold Safeplace.net and/or Cable/DSL Provider harmless in the event of ANY lost data due to any and all work/service they provide.

I understand that Safeplace.net and/or Cable/DSL Provider reserves the right not to work on any computer. This is primarily in cases where the computer has or may have a virus or is experiencing 'general protection faults' and/or 'illegal operations' of any type, as well as has any type of hardware failure or misconfiguration.

I understand that I must commit to being available when a scheduled install/service date is set. I also understand that if I am not available for the install/service date the I agreed to, that I will be billed for that missed install/service.

Safeplace.net and/or Cable/DSL Provider will not knowingly install software in violation of the software license/copyright laws.

I understand I am responsible for all interior wiring at my location.

I understand that all DSL/Dedicated Internet Access services are for a term of no less than one year. If I desire to terminate my services before the end of the term than I will be accessed an early terminatin fee of no less than $300.00. I understand that all past due monies owed, if any, will be required to be paid in full upon termination.

I understand that Safeplace.net warrants that the software and the media on which the software is recorded will substantially perform in accordance with the documentation in all material respects for a period of fourteen (14) days from the date I receive the software.

I understand and agree that my sole and exclusive remedy for breach of this limited warranty is that Safeplace.net will use commercially reasonable efforts to cure such nonconformities as soon as practicable after I report them to Safeplace.net.

I understand that if I experience a media defect during this fourteen (14) day period, I can return the CD-ROM to Safeplace.net, and they will replace it without charge.

I understand that Safeplace.net warrants that they will use commercially reasonable efforts to ensure that the services are provided substantially as described herein, and that the services are reasonably available during the term of this Agreement.

I further understand that my sole and exclusive remedy for breach of this limited warranty is that Safeplace.net will use commercially reasonable efforts to cure such nonconformities as soon as practicable after I report them to Safeplace.net.

I understand and recognize that no filtering system is capable of blocking all objectionable or offensive web sites, material or information accessed on the Internet.

Thus, I understand that Safeplace.net makes no guarantee, representation or warranty, express or implied, that all such web sites, materials or information which I or any other end user finds or may find objectionable or offensive will be filtered.

I understand that except for certain products and services specifically identified as being offered by Safeplace.net, Safeplace.net does not control any information, products or services on the Internet and except for such Safeplace.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 Safeplace.net.

I UNDERSTAND AND AGREE THAT EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, THE PRODUCTS AND SERVICES DESCRIBED HEREIN ARE PROVIDED TO ME, THE END USER, ON AN "AS IS" BASIS, AND NEITHER SAFEPLACE.NET NOR THEIR SUPPLIERS MAKE ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER WITH RESPECT TO PRODUCT OR SERVICE AVAILABLILTY, PERFORMANCE, FUNCTIONALITY, OPERABILITY OR USE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

I understand that neither Safeplace.net nor their suppliers will be liable under any provision of this Agreement with respect to any performance problem, claim of infringement or other matter, to the extent attributable to any unauthorized or improper use or modification of the products or services, any unauthorized combination of the products or services with other products or services, any use of any version of the products other than the latest release of the products that Safeplace.net makes available to their customer base, or any breach of this Agreement by myself.

I UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL SAFEPLACE.NET OR THEIR SUPPLIERS BE LIABLE FOR ANY LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY NATURE, WHETHER OR NOT FORESEEABLE. IN NO EVENT SHALL THE LIABILITY OF SAFEPLACE.NET OR THEIR SUPPLIERS EXCEED THE FEES PAID BY MYSELF DURING THE TERM OF THIS AGREEMENT.

I understand and agree that I will hold Safeplace.net and their suppliers harmless from any claims, costs, or expenses arising from or related to my selection or use of Safeplace.net's products or services, and that I will defend, indemnify and hold Safeplace.net harmless against any expense or cost incurred as a result of any such claims.

I understand that the products of Safeplace.net and their suppliers contain proprietary and confidential information, and I agree that I will not disclose the products to third parties without the prior written consent of Safeplace.net and the suppliers identified to me in Safeplace.net's response to such notice.

I understand and agree that this Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to the conflicts of laws principles thereof and, except for equitable relief which may be sought in any court of competent jurisdiction by Safeplace.net.

I understand and consent to the exclusive jurisdiction of the state and federal courts located in the county of Montgomery, Pennsylvania.

I understand that Fish(5), Corp. is the owner and operator of Safeplace.net and is an intended beneficiary of this Agreement.

I also understand that the relationship between the parties created by this Agreement is that of independent contractors and not partners, joint venturers or agents.

I understand that all remedies available to either party for breach of this Agreement are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such to the exclusion of other remedies.

I understand that if any provision of this Agreement is held to be invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected.

I understand that this Agreement contains the entire understanding of the Parties, and Safeplace.net reserves the right to modify this Agreement at any time without prior notice.