SpitFire Communications, Inc.
Internet Access Agreement

This agreement is by and between Spitfire Communications, Inc. ("Spitfire"), a corporation organized and existing under the laws of the State of Indiana, USA, and the subscriber (as set forth in this application(") for the provision by Spitfire Communications, Inc.. or its subcontractors of certain electronic communications services to the subscriber ("Customer"). The Customer hereby certifies that they are 18 years of age or older.

The customer understands and accepts the Terms and Conditions set forth herein and agrees to pay the appropriate monthly amount. The customer agrees to pay Spitfire by VISA, MasterCard, Debit Card or by Invoice and by proceeding with this registration the Customer gives permission and authorizes Spitfire to bill Customer's charge account automatically under the terms of this Agreement.

Late Payment.
Payments not received will result in termination of the Customer's Spitfire account and cancellation of the services provided by Spitfire hereunder. Termination does not remove Customer's responsibility under this Agreement to pay all fees incurred up to the date of termination along with all costs of collection as provided herein.

Service Warranties.
With respect to the services provided, Spitfire makes no warranties of any kind, whether expressed or implied, including any implied warrantee or merchantability or fitness of this service for a particular purpose. Spitfire takes no responsibility for any damages suffered by Customer, including but not limited to, loss of data or other damages from delays, nondeliveries, misdeliveries of E-mail, viruses, service interruptions or any other reasons caused by any reason, including but not limited to, Spitfire's own negligence, customer's errors and/or omissions, or acts of other customers or parties. Spitfire does not warrant its service's compatibility with Customer's equipment.

Acceptable Use.
This service may only be used for lawful purposes. Materials and/or transmission in violation of any local, state, or federal regulation(s) is prohibited. This includes, but is not limited to, copyrighted material, threatening or obscene material, or material protected by trade secret. Further, Customer shall not nor shall Customer permit or assist others to abuse or fraudulently use the services provided hereunder including but not limited to obtaining or attempting to obtain service by any fraudulent means or device with intent to avoid payment; accessing, altering, or destroying any information of another customer of Spitfire or any other party by any fraudulent means or device or attempting to do so; or using the services so as to interfere with the use of the Spitfire services by other customers or authorized users or in violation of the law or in aid of any unlawful act. Customer agrees to indemnify, defend and hold harmless Spitfire from any claims resulting from Customer's use of this service which damages Customer or any third party.

Use of information.
Use of any information obtained via this service is at Customer's risk. Spitfire specifically denies any responsibility for the accuracy or quality of information obtained through its services.

Use of Services.
Use of these services will involve listing Customer's participation in relevant directories disseminated to others, and Customer hereby consents thereto.

Use of Other Networks.
Use of other organization's networks or computing resources are subject to their respective permission and usage policies.

Inappropriate Usage.
Spitfire, or other relevant authorities may determine inappropriate usage of this account and the privilege may be revoked at Spitfire's discretion. Should this occur, the Customer will be informed in writing of this action by US Mail, first class, postage prepaid. Notice shall be considered complete upon mailing.

Change of Status.
Spitfire may occasionally require new registration and account information by the Customer to continue this service. In addition, the Customer shall notify Spitfire in writing of any changes in the account information, such as address, credit card number, credit card type, or expiration date.

Payment and Minimum Term.
The Customer agrees to pay Spitfire for any and all charges according to the chosen payment plan indicated at time of sign-up. Fixed service charges are billed in minimum one month increments; they are not prorated under any circumstances, including cancellation. Access is subject to authorization and credit limits established by the issuer of Customer's credit card and by Spitfire. Spitfire reserves the right to change pricing on thirty (30) days notice published on-line.

Limitation of Access.
This service is to cover network access by the Customer only to any organization, person, etc. through the Spitfire service, and does not extend to any other person, corporation, or entity, including affiliates of the Customer, regardless of their relationship with the Customer.

Limitation of Usage.
Unlimited usage is provided by Spitfire while your connection of actively engaged in activities on the Spitfire network or the Internet. If Spitfire's networks do not detect the Customer's computer actively sending/receiving data, or no keyboard or mouse activity for a period of fifteen (15) minutes, the connection will automatically be terminated. It is in violation of the agreement to use any mail, telnet, FTP or any other computer program to purposely keep your connection open to defeat the network inactivity termination.

Terms.
Spitfire reserves the right to change the above terms and conditions set forth herein by notifying the Customer in writing at least thirty (30) days in advance of the effective date of change. Use by the customer after the effective date constitutes acceptance of the new terms and conditions. Spitfire reserves the right to change without notice the Spitfire service, including by not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

Cancellation.
Spitfire reserves the right to cancel this service with written notice, reimbursing unused fees where deemed appropriate by Spitfire on a pro-rata basis.

Notice of Customer Termination.
This Service may be terminated by the Customer at any time upon thirty (30) day's prior written notice to Spitfire. The Customer is responsible to pay all fees up to the date of termination of the service as determined by Spitfire. Notice of the Customer's service termination should be sent to "Accounts Receivable, Spitfire Communications, Inc., 55 S. State Ave Suite 3D1, Indianapolis, IN 46201 will be considered effective on receipt by Spitfire. Customer account termination will not be accepted by phone, fax or e-mail.

Logins.
Only one logon per user will be allowed at a time. If multiple logins are necessary, additional accounts may be purchased. The Customer is responsible for all use of Customer's accounts and confidentiality of password(s).

Account Space.
Each account will be allocated 5 megabytes of hard drive space. Additional space may be obtained at additional expense. Spitfire reserves the right to delete Customer's personal files after one or both parties terminates this account. The Customer hereby agrees that any material submitted for publication or storage on Spitfire's equipment through Customer's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous.

Services provided.
Spitfire, subject to the terms and conditions set forth herein, will provide the following services to Customer: Access to the Internet. The services provided herein grant Customer no property rights of any nature in the services.

Cost of collection.
Should Customer breach any provision of this agreement, then the parties agree that in addition to amounts due hereunder, Customer shall be liable to Spitfire for attorney fees, costs of collection, and interest on unpaid amounts at the rate of 18% per annum. This agreement is governed by the laws of the State of Indiana and shall be enforceable in any court located in Marion County, Indiana. Customer hereby waives his or her right to request a jury trial should litigation arise hereunder.

If the Customer is a corporation or any other form of business association, the Customer hereby warrants that he or she is authorized to bind the Customer to this agreement.
If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, Customer and Spitfire's agreement on all other paragraphs shall remain valid.

Spitfire is not responsible for any telephone company charges including, but not limited to, long distance charges you may incur. Please check the data number your modem is dialing to connect to Spitfire.

As a subscriber to Spitfire Communications, Inc.., I hereby accept the terms and conditions of this agreement.