Hearte Industries/Internet Nebraska

Terms and Conditions

Hearte Industries, Incorporated ("Hearte Industries") and/or Internet Nebraska Corporation (``Internet Nebraska'') for the purposes of this document are both jointly and severely hereinafter referred to as "Hearte Industries/Internet Nebraska". The following terms and conditions govern provisions by Internet Nebraska to Customer for use of the Internet Nebraska System. Customers must be age 18 or older and must agree to these terms and conditions.

Services: Shell account on the Internet Nebraska System with 5MB disk storage and 28.8Kbs dialup access. SLIP, CSLIP, and PPP access are included at no extra cost. Terms: Option ------------ Flat-rate $25 / 1 Month or $59 / 3 Months Moderate-use $19 / 1 Month or $49 / 3 Months Metered $29 / 1 Year Descriptions:

Flat-rate: Allows unlimited interactive use with no usage charges. This account is defined as unlimited usage, NOT unlimited connection time. The use of "keep-alive" type software (programs used to stay connected while the customer is away from the computer) is prohibited. For those customers wishing to use such programs, Hearte Industries/Internet Nebraksa may provide a dedicated line at an additional charge.

Moderate-use: Connect time in excess of 40hrs/month is billed at $.02/minute between 8am and midnight and $.01/min between midnight and 8am.

Metered: Connect time is billed at $.02/minute between 8am and midnight and $.01/min between midnight and 8am.

A $9 minimum charge will be assessed for the creation of accounts which are cancelled without ever being used. Once accounts are used, a minimum charge for one month will be assessed.

Hearte Industries/Internet Nebraska exercises no control whatsoever over the content of the information passing through the Internet Nebraska System. Hearte Industries/Internet Nebraska also disclaims all warranties, including any warranty of merchantability or fitness for a particular purpose. Hearte Industries/Internet Nebraska will not be responsible for any damages Customer suffers. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence or Customer errors or omissions, or any other causes.

Use of information obtained via the Internet Nebraska system is at Customer's own risk, and Hearte Industries/Internet Nebraska specifically denies any responsibility for the accuracy or quality of information obtained through its services. In no event shall Hearte Industries/Internet Nebraska be liable for any indirect, special, or consequential damages or lost profits arising out of or relating to this arrangement, the performance or breach thereof, or the content of the information passing through the Internet Nebraska System. Hearte Industries/Internet Nebraska's liability, if any, shall in no event exceed the total amount paid to Internet Nebraska hereunder.

The Internet Nebraska System may only be used for lawful purposes.

Transmission of any material in violation of any international, foreign, U.S. or state law or regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.

Customer agrees to indemnify, defend and hold harmless Hearte Industries/Internet Nebraska from any claims resulting from Customer's use of the service or breach of these Terms and Conditions which results in damage to Customer or another party.

Any access to other networks connected to the Internet Nebraska System must comply with the rules appropriate for that other network. Use of the Internet Nebraska System itself may be for any lawful purpose. Use of the Internet Nebraska System for lawful commercial purposes is permitted and encouraged.

Connectivity is provided for Customer's organization only. Resale, sharing or any other use of the connection by another organization is prohibited.

Customer agrees to pay all charges incurred. Charges shall be invoiced monthly via electronic mail. Payment is due within 20 days after the date of invoice. Accounts for which payments are not received within 20 days are in default.

If Customer's payment is returned to Internet Nebraska unpaid, Customer is immediately in default and subject to a return charge of $25 from Internet Nebraska.

Accounts in default may have their service interrupted. Such interruption does not relieve Customer from the obligation to pay continuing charges.

Only a written request by Customer to terminate service relieves Customer of the obligation to pay continuing charges. Accounts in default are subject to an interest charge of 1.5 % per month on the outstanding balance. If State laws do not allow an interest rate of 1.5 % per month, the maximum allowable rate will be charged. If Customer defaults, Customer agrees to pay Internet Nebraska its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.

To terminate this agreement, either Customer or Hearte Industries/Internet Nebraska must provide thirty (30) days notice. Hearte Industries/Internet Nebraska reserves the right to change the rates and otherwise modify these Terms and Conditions by notifying Customer sixty (60) days in advance of the effective date of the change.

These Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of the Internet Nebraska System constitutes acceptance of these Terms and Conditions.

Upon any breach of this Agreement by Customer, Hearte Industries/Internet Nebraska reserves the right to terminate the service and this Agreement immediately.



I ACCEPT