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CHEETAH'S TERMS AND CONDITIONS OF SERVICE AGREEMENT

Revised: February 4, 1997

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE OPENING OR CONTINUING AN ACCOUNT WITH CHEETAH COMMUNICATIONS..

Since it is not feasible for this Terms and Conditions of Service document to represent a total and complete Agreement, the intent of this document is to provide you (the Cheetah account holder) with Guidelines that are intended to serve and/or provide guidance as to the issue of acceptable internet usage. Therefore in the event an unforeseeable situation should arise, without any waiver of right, Cheetah Communication will make every reasonable effort and attempt to resolve the matter in an manner that is equitable to all involved.

Nonetheless, these Terms and Conditions of Service are also intended to serve as an understanding between Cheetah Communication and you, the Cheetah account holder. These Terms and Conditions do supersede any and all other prior written or oral agreements pertaining to your services as provided by Cheetah Communications.

By using the services of Cheetah Communications, you agree to be bound by and to comply with this Agreement, just as if you had signed it. You are hereby notified that any violation of any provision of this Agreement is grounds for immediate suspension and/or termination of your Cheetah account.

IF YOU DO NOT AGREE TO BE BOUND ANY PART OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY END YOUR USE OF CHEETAH'S SERVICES AND NOTIFY THE CHEETAH CUSTOMER SERVICE DEPARTMENT SO THAT CHEETAH CAN INITIATE A CLOSURE OF YOUR ACCOUNT.

The most expedient ways to contact Cheetah Communications are listed on the World Wide Web at: -- http://www.cheetah.net.

Specific questions about this Agreement should be directed to: support@cheetah.net

Upon notice published via e-mail, and/or on-line via Cheetah's in house usenet news group services, Cheetah Communications may modify these Terms and Conditions of Service, amplify them, and/or modify the prices of its services, as well as discontinue or change the services offered. Your continued use of Cheetah's services following such notification will be deemed acceptance of said modification.

1.0 PROVISION AND USE OF SERVICES:

1.01 -- This Agreement defines the terms and conditions of service for all types of Cheetah accounts offered including both personal and business accounts, as well as the services available through those accounts. Cheetah's "services" are defined as the use of computing, telecommunications, and the exchange of information services not necessarily created by, but provided at the user's request via Cheetah Communications.

These services also include but are not limited to the provision of access to computing, telecommunications, software, and information services provided by others via the global Internet. Types of dial-up accounts available through Cheetah Communications may or may not be limited to one type of account, such as UNIX shell accounts, ISDN accounts, and compressed SLIP or PPP accounts.

1.02 -- Cheetah Communications will provide services on its computing systems to you in exchange for recurring payment of subscription fees and full compliance with this Agreement.

1.03 -- Cheetah Communications services include access to many areas of the Internet, including non-Cheetah controlled or operated Web sites, Usenet discussion groups, Personal Web Pages, and IRC channels. Some of these areas contain discussion, materials, and pictures intended for adult audiences. For this reason Cheetah account holders must be at least eighteen (18) years of age.

If you are a minor's parent or legal guardian, you may authorize the minor's use of your account, but you must assume any and all risk and/or liabilities resulting from the minor's use of these services as provided by way of Cheetah Communications.

From time to time Cheetah Communications may at the sole discretion of Cheetah Communications offer rating systems and filtering software or procedures to help you to screen out language, images or other content that you do not wish to receive through your Cheetah Communication's services. Because a rating system may depend on the content provider's evaluation and self-rating, there is no guarantee that all adult or other information that you wish to screen-out, will in fact, be screened. Therefore, you must assume any and all risk and/or liabilities resulting from use of these services as provided by way of Cheetah Communications.

1.04 -- Cheetah Communications reserves the right to discontinue any and all services to you at any time, without prior notice or liability, for any conduct which Cheetah Communications, in its sole discretion, believes violates these Terms and Conditions, or is otherwise harmful to Cheetah Communication's interests or the interests of its other account holders, and/or all other parties involved including the general public.

1.05 -- As a Cheetah account holder you agree and acknowledge that you may only use Cheetah Communications' services for lawful purposes, in compliance with all applicable laws including, but not limited to copyright and trademark law.

Examples of unlawful activities include but are not limited to storing, distributing or transmitting any unlawful material through Cheetah Communication's services, attempting to compromise the security of any Internet account or computer site, or making direct threats of physical harm to others, and/or engaging in any form of illegal harassment to others.

Examples of unlawful material include but are not limited to child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. The account holder may not post, upload or otherwise distribute copyrighted material on Cheetah Communications' servers without the consent of the copyright holder. The storage, distribution, or transmission of unlawful materials could subject the account holder to criminal as well as civil liability.

The account holder may not store or distribute certain other types of material on Cheetah Communications' servers. Examples of prohibited material include, but are not limited to, programs containing viruses or trojans and tools ( programs or data) used to compromise the security of other sites including Cheetah's.

1.06 -- In an effort to comply with applicable laws and lawful government requests, to operate its systems properly, or to protect itself, its account holders, and other parties of interest; Cheetah Communications reserves the right to access and disclose about you any information lawfully requested by law enforcement agencies.

This may include but is not limited to disclosing the usernames of accounts and other business record kept information. Cheetah Communications will fully cooperate with appropriate government law enforcement authorities in investigating suspected lawbreakers, and reserves the right to report to law enforcement any suspected illegal activity that Cheetah Communications becomes aware of.

1.07 -- When Cheetah Communications becomes aware of possible violations of this Agreement, Cheetah Communications may, in its sole discretion, choose to initiate an investigation. This investigation may include gathering information and/or material from your account as well as other account holders and examining any material and/or data held on Cheetah Communications' servers. During times of these investigations, Cheetah Communications may suspend accounts involved in any alleged violation and/or remove any material in question involved from its servers.

Upon completion of an investigation, should Cheetah Communications believe in its sole discretion that a violation of this Agreement has occurred, it may temporarily or permanently remove material from Cheetah Communications servers, cancel newsgroup posts, warn the account holder(s) involved, suspend or terminate the account(s) responsible, and take other responsive and/or corrective action.

Unless otherwise ordered by the courts, Cheetah Communications, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could also subject Cheetah account holders to criminal or civil liability, or both.

1.08 -- You (the Cheetah account holder) are responsible for obtaining and maintaining any communications equipment necessary to connect to Cheetah Communication's servers and use the services. This includes but is not limited to modems, computer hardware and software, and long distance or local telephone service. You are responsible for ensuring that such equipment or service is compatible with Cheetah Communications' requirements.

In addition, you are responsible for maintaining the security of your account, password, files, and any information you disseminate and/or store through Cheetah Communications services or other Internet services, and for all use of your account with or without your knowledge or consent.

1.09 -- Any use of Cheetah Communications software or third-party software distributed by Cheetah Communications is governed by the End-user License Agreement that accompanies such software. Use of such software indicates your acceptance of the terms therein. All software used in conjunction with or for purposes of accessing Cheetah Communications services is used at the user's own risk, and Cheetah Communications assumes no liability whatsoever resulting from use of said software.

2.0 PASSWORDS AND SYSTEM SECURITY:

2.01 -- Cheetah Communications personal dial-up accounts are for individual use only. Cheetah Account holders may not share passwords or accounts with other individuals.

Cheetah Account holders of business accounts who pay Cheetah Communications' business account rates may share passwords and accounts with employees of that business, but are NOT allowed to have more than one user on line currently using the same user login name and password at the same time.

Regardless of type of account, in the event two users with the same user login name and password are observed online at the same time, the user's account will be treated as a breach in security, and the account may be immediately suspended.

2.02 -- Each Cheetah Communications account user is responsible for the security of his or her password.

Secure passwords are between 6 and 8 characters long, contain letters of mixed case and non-letter characters, and cannot be found in whole or in part, in normal or reverse order, in any dictionary of words or names in any language. The account holder is responsible for requesting change of his or her password whenever a breech in his or her account becomes known or is suspected.

2.03 -- Cheetah Communications staff may monitor the security of account holder's passwords at any time. An account holder with an insecure password may be directed to change the password to one which complies with the above rules . Account holders who repeatedly choose insecure passwords may be assigned a password by a staff member of Cheetah Communications; continued failure to maintain password security may be grounds for account termination.

3.0 SYSTEM SECURITY:

3.01 -- The account holder is prohibited from utilizing Cheetah Communications services to compromise the security or tamper with system resources or accounts on computers at Cheetah Communications or at any other site. Use or distribution of tools designed for compromising security is prohibited as indicated in section 1.05. Examples of these tools include but are not limited to password guessing programs, cracking tools or network probing tools.

3.02 -- Cheetah Communications reserves the right to release the user names of account holders involved in violations of system security to system administrators at other sites, in order to assist them in resolving security incidents. Cheetah Communications will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers as indicated in section 1.06.

4.0 SYSTEM RESOURCES:

4.01 -- Cheetah Communications will allocate system resources to provide the majority of its account holders with the best service possible. As part of resource allocation, Cheetah Communications may limit, restrict or prioritize access to system resources, including access time, CPU time, memory, disk space, session length, and number of sessions per day.

Additionally, Cheetah Communications may institute services and fees for account holders who are interested in accessing system resources above and beyond normal acceptable usage. Idle connect time while using software of any kind to send a "keep connection alive" signal is not considered to be normal acceptable usage, but rather can and often will be construed as an intentional abuse of system resources .

5.0 ABUSE OF SYSTEM RESOURCES:

5.01 -- In a sincere effort to insure that all Cheetah account holders are afforded ample access to Cheetah's servers, Cheetah Communications may log instances of abuse of system resources, including but not limited to those outlined below, and take action as outlined in section 1.07 above.

5.02 -- System abuse is defined as any use of Cheetah Communications resources which disrupts the normal use of the system or Internet services for others including other Cheetah account holders

Examples of system abuse include, but are not limited to any acts (intentional or non-intentional) that withhold access or disrupt sessions of other Internet users by means of consuming excessive amounts of online time, CPU time, memory or disk space, or otherwise affecting the performance and operation of Cheetah Communications servers, access dial-up phone lines, and/or usage and access to Cheetah's network servers.

5.03 -- Cheetah Account holders while connected to Cheetah's servers, phone lines, modems or other network equipment may not run programs which provide network services via their Cheetah accounts.

Examples of prohibited programs include, but are not limited to, mail, http and IRC server software, or any other software which allows multi-user interactive forums used for the purposes of providing access services to others.

5.04 -- Cheetah account holders may only make use of Cheetah Communications system resources while logged in and actively engaged in sending and receiving data. Idle Connections to Cheetah's Servers using software to send a "keep connection alive" signal for purposes of maintaining a connection while not actively using Cheetah's Servers deprives other Cheetah account holders of access to Cheetah's Servers, does constitute and is considered an abuse of Cheetah's system resources.

Cheetah account holders found to be abusing Cheetah's system resources will find that their network connections are disconnected more often than normal as a result of their user name being entered into a data base program designed to terminate and in some instances even disallow their connection during times of peak usage, regardless of whether or not their connection is actively being used.

5.05 -- Peak usage hours are defined as any and all points in time whereupon Cheetah Communications has more then seventy percent (%70) of it's dial-up lines, modems and/or other resources currently in use by other Cheetah account holders.

6.0 ABUSE OF USENET NEWS GROUPS:

6.01 -- Cheetah Communications account holders are responsible for determining the rules of a newsgroup before posting to it.

Usenet news articles posted using Cheetah Communications services must comply with the written charter/FAQ of the newsgroup to which they are posted. In the event a newsgroup does not have a charter or FAQ, its title may be considered sufficient to determine the general topic of the newsgroup.

6.02 -- Established Usenet conventions ("Netiquette") prohibit advertising in most Usenet newsgroups. Cheetah Communications account holders may post advertisements only in those newsgroups which specifically permit them in the charter or FAQ. Some newsgroups may permit "classified ads" for single transactions between private individuals, but not commercial advertisements. Cheetah Communications account holders are responsible for determining whether or not a newsgroup permits advertisements before posting.

6.03 --Netiquette prohibits certain types of posts in most Usenet newsgroups. Types of prohibited posts include chain letters, pyramid schemes, encoded binary files, job offers or listings, and personal ads. Cheetah Communications account holders may post these types of messages only in newsgroups which specifically permit them in the charter or FAQ (if it exists).

Cheetah Communications account holders are responsible for determining whether or not a newsgroup permits the type of message the account holder desires to post before actually posting the message. Do not post "test" messages or off topic messages in usenet news groups that are not intended for these particular news groups.

6.04 -- Cheetah Communications account holders may only alter the e-mail address portion of the headers of posts made to Usenet new groups for the sole purpose of concealing their e-mail address in a good faith attempt to prevent receiving unsolicited "junk" e-mail.

Cheetah Communications account holders may not alter headers of posted usenet articles to the extent that the article posted is no longer identifiable as originating from Cheetah's Servers. Prior to making any alterations to said usenet articles, Cheetah account holders must notify and obtain approval from Cheetah's System Administrator as to what non-existent alias e-mail address, and/or user name they will be using.

6.05 -- Only the original poster of a Usenet article or Cheetah Communications management has the right to cancel a Usenet article. Cheetah Communications account holders may not use Cheetah Communications resources to cancel articles which they did not post. The sole exception to this rule is for bona fide legitimately recognized moderators of formally moderated newsgroups; the moderator of a newsgroup may cancel any articles in a newsgroup he or she is currently moderating.

6.06 -- Cheetah Communications account holders may not attempt to "flood" or disrupt Usenet newsgroups. Disruption is defined as posting a large number of messages to a newsgroup which contain no substantive content, to the extent that normal discussion in the group is significantly hindered. Examples of disruptive activities include, but are not limited to, posting multiple messages with no text in the body, or posting many follow-ups to messages with no new text.

6.07 -- Cheetah Communications reserves the right to discontinue access to any Usenet newsgroup at any time for any reason. Cheetah Communications also reserves and retains the right to cancel any Usenet article any time for any reason.

7.0 E-MAIL ABUSE:

7.01 -- Cheetah Communications will investigate complaints regarding e-mail and may, in its sole discretion, take action based on the policies and guidelines as provided below. In the event an e-mail message is found to violate one of the policies below, or to contain unlawful material, as described in section 1.0 et seq as indicated above, Cheetah Communications may also take action as outlined in the above mentioned sections.

7.02 -- Cheetah Communications account holders may not send e-mail to any user who does not wish to receive it, either at Cheetah Communications or elsewhere. Cheetah Communications recognizes that e-mail is an informal medium; however, Cheetah account holders must refrain from sending further e-mail to a user after receiving a request to stop.

7.03 -- Unsolicited advertising mailings, whether commercial or informational, are strictly prohibited. Cheetah Communications account holders may send advertising material only to e-mail addresses which have specifically requested it. Cheetah Communications will not forward mail of accounts terminated for bulk mailing or unsolicited advertising.

7.04 -- Chain letters are unsolicited by definition and may not be propagated using Cheetah Communications services.

7.05 -- Cheetah Communications account holders may not send, propagate, or reply to mailbombs. Mailbombing is defined as either e-mailing copies of a single message to many account holders, or sending large or multiple files or messages to a single user with malicious intent.

7.06 -- When sending e-mail from a Cheetah mail server, Cheetah Communications account holders may not alter the headers of e-mail messages to conceal their valid cheetah e-mail address or to prevent recipients from responding to their messages.

7.07 -- Violations of the Cheetah Communications E-mail policies outlined in this document can sometimes result in massive numbers of e-mail responses. If as a result of violating Cheetah Communication's E-mail policies an account holder receives so much e-mail that Cheetah Communication's resources are affected, Cheetah Communications staff may upon its own discretion shut down the account holder's account and/or mailbox.

8.0 WORLD WIDE WEB USE:

8.01 -- Cheetah account holders acknowledge that some World Wide Web (WWW) pages contain language, pictures, or discussion of subjects intended for adult audiences. Cheetah Communications does not monitor access to the World Wide Web or the content of Cheetah Communications account holders' Personal Web pages. Accordingly, Cheetah Communications is not responsible for the content of any account holder's Web pages residing on Cheetah Communication's servers or elsewhere.

8.02 -- The account holder is solely responsible for the content of Web pages owned by the account.

8.03 -- Cheetah Communications at all times reserves the right to remove any Web page on Cheetah Communication's servers, at any time and for any reason.

8.04 -- Cheetah Communications will investigate complaints regarding inappropriate material on Web pages within the Cheetah Communications domain and may in its sole discretion require that the material in question be removed or take action as outlined in sections 1.04 and 1.06 above. Criteria for determining whether a page is inappropriate include, but are not limited to the system resources consumed by the page and whether or not the page violates applicable laws.

8.05 -- Cheetah Communications account holders may not use World Wide Web pages within or outside the Cheetah Communications domain to violate any part of this agreement, nor to attempt to disrupt the pages or Internet experiences of other users.

8.06 -- Account holders may be required to maintain and/or held responsible for applying a proper rating to their web page.

9.0 IRC USE:

9.01 -- IRC channels are not monitored nor maintained by Cheetah Communications. In many instances any user in IRC may create a channel and hold operator privileges, and such a user having operator privileges on an IRC channel may remove anyone else from that channel. Channel operators are not agents of Cheetah Communications, nor are they in any way compensated or supervised by Cheetah Communications. Accordingly, Cheetah Communications is not in any way liable for the content of any communication made from, within, or while on any IRC channel.

9.02 -- Cheetah Communications will respond to complaints of inappropriate behavior in IRC made by a Cheetah account holder while using Cheetah's resources, and may, in its sole discretion, take action based on the policies as indicated below. In the event the Cheetah account holder's behavior is found to violate any of Cheetah Communication's policies, or to involve unlawful material, as described in section 1.05 above, Cheetah Communications may take action as outlined in 1.04 a bove.

9.03 -- Cheetah Account holders may not engage in "flooding". Flooding is defined as deliberately repeating actions in quick succession in order to fill the screens of other Internet account holders with text.

9.04 -- Account holders may not maintain more than 3 simultaneous IRC connections from one account. This includes the use of automated programs ("bots") and "clones". A "bot" is a program written by a user to automatically execute IRC commands. Each bot counts as one IRC connection. Cheetah Communications account holders may run bots as long as the total number of connections does not exceed 3, and the bots do not violate any of Cheetah Communication's guidelines. Bots may not be run while the owner is not actively engaged in the exchange as outlined above in sections 5.01, 5.02, and 5.03 in this document.

9.05 -- A "flash" is a message which contains control code information designed to disrupt a user's terminal emulation or session. Cheetah Communications account holders may not send or relay such messages via any medium while using Cheetah Communication's resources.

9.06 -- Each IRC channel is controlled by one or more account holders with operator privileges, or "ops". The holder of ops on a channel has the ability to remove any other user from that channel, temporarily or for as long as the channel exists.

IRC "Hacking" is defined as manipulation of IRC servers in order to harass or disconnect other account holders, or forcible seizure of ops on a channel for purposes of disruption or harassment. Cheetah Communications account holders may not engage in IRC hacking or attempt to gain operator privileges for a channel without the permission of the current holder(s) of ops (if any) on any IRC channel while using Cheetah Communication's resources.

9.07 -- Cheetah Communications account holders may adopt any available nickname for use in IRC channels; however, be advised that the /whois command can be used to discover the username and host name of any IRC user. Cheetah Communications account holders may not attempt to disguise their username or hostname in order to impersonate other account holders or to use IRC anonymously.

10.0 ANONYMOUS FTP USE:

10.01 -- There is a 25 MB per day per account limit on FTP transfers from Cheetah Communications servers. Account holders whose accounts are generating transfers which surpass the limit or which consume an excessive percentage of Cheetah Communication's FTP resources may receive a warning from Cheetah Communications. Continued excessive use of Cheetah Communication's FTP resources may result in account suspension or termination, or a usage time limitation being placed on the abuser's account.

11.0 PAYMENT OF FEES:

11.01 -- A list of current monthly and set-up fees for Cheetah Communications services can be found on the Web at http://www.cheetah.net -- Should a fee increase become necessary, Cheetah Communications will publish an online notice of fee increases at least 30 days before such increases take effect. Said Notices will be published via e-mail, and/or on-line via Cheetah's in house usenet news group services.

11.02 -- Cheetah Communications will begin providing service to you at the time Cheetah Communications receives a valid credit card number or other means of advanced payment for the first month's services and all other information needed to process payments for your Cheetah Communications account. Cheetah Communications reserves the right to prorate the first month of service and initial payment based on a 30 day month of service.

11.03 -- All payments are due and payable by the Cheetah account holder no latter than the 10th of each month. It is the sole responsibility of the account holder to insure that his/her payment is received by Cheetah Communications no latter than the 10th of each month.

11.04 -- You agree to provide Cheetah Communications with accurate and complete billing information, including your legal name, address, and telephone number, and to update this information within 30 days of any change to it. Payment for a Cheetah Communications account or service by fraudulent means will result in immediate and permanent termination of the account, and possible criminal penalties.

11.05 -- Cheetah Communications accounts will be considered delinquent if the account holder's credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. Accounts that are delinquent past the 15th of the month accounting cycle may be suspended, archived, or purged from the system. Suspended accounts continue to accrue charges until reinstated or canceled, even if the account is not used by the account holder.

As a Cheetah account holder you acknowledge responsibility for any account you have opened until payment in full is made.

11.06 -- Cheetah Communications reserves the right to charge a service re-connection fee to reinstate suspended accounts.

11.07 -- There is a $15.00 service charge for each returned check.

11.08 -- If you believe Cheetah Communications has billed you incorrectly, you must contact Cheetah Communications no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. All inquiries should be directed to Cheetah Communications' Customer Service department, at billing@cheetah.net, and should include all available information about the suspected error.

11.09 -- When your credit card expires, Cheetah Communications, on its own discretion, may either assume that your card has been renewed for one year, or require that you furnish updated credit card information, including the new expiration date and any other information needed to process your account payments. If Cheetah Communications is unable to obtain payment from your credit card bank because you have not renewed your card, because your credit card information has become out dated, or because you have not provided new information to Cheetah Communications when requested, Cheetah Communications may consider your account to be delinquent by more than one accounting cycle and suspend, archive or purge your account as provided in section 2.04.

12.0 CANCELLATION OF ACCOUNTS

12.01 -- To cancel your account, you must contact Cheetah Communications' Customer Service department via e-mail, fax, postal mail or phone.

Cancellation requests must include the account's login name, and your name, address and phone number and other identifying information as they appear in Cheetah Communications' billing records. If the information provided to Cheetah Communications for an account does not match the account's records, cancellation may be delayed or prevented.

12.02 -- All cancellation requests must be received by 5:00 PM Pacific time on the week day (Monday-Friday) of the current month in order to be processed before the beginning of the next accounting cycle. Cancellation requests directed to other than Cheetah Communications billing department may not be received by the Customer Service Department in time.

12.03 -- All Cheetah Communications accounts must be paid in full before a cancellation will be considered complete. Service and service charges for accounts will extend to the end of the month in which the account is canceled.

12.04 -- If a Cheetah Communications account is canceled, suspended or terminated, Cheetah Communications may maintain the account for 30 days. You have the right to contact Cheetah Communications within that time to inquire about reopening a suspended account, or forwarding mail or files to another address.

Cheetah Communications reserves the right to refuse to forward the mail and/or files of any account terminated for violation of any provision of the Terms and Conditions or Cheetah Communications' Acceptable Use Guideline examples. If you do not contact Cheetah Communications within 30 days, your account and all associated files will be deleted from Cheetah Communications' servers, and Cheetah Communications assumes no liability whatsoever for said files or account, nor will Cheetah Communications be able to restore said files.

Cheetah Communications in no way assumes any responsibility for maintaining material that it deletes from its servers as a result of a determination that the material violates any provision of these Terms and Conditions, or any applicable laws.

13.0 "AS IS" SERVICES; LIMITATION OF LIABILITY; INDEMNIFICATION:

13.01 -- "As Is" Services. Cheetah account holders acknowledge that Cheetah Communications services are provided "as is".

Cheetah Communications, its employees, agents, suppliers, vendors and distributors make no warranty implied nor expressed of any kind, regarding the quality, accuracy, or validity of the data and/or information available on its systems, or residing on or passing through its interconnecting networks, or that Cheetah Communications services will be uninterrupted or error free.

Cheetah Communications expressly excludes any implied warranty of merchantability or fitness for a particular purpose to the fullest extent possible by law.

13.02 -- Limitation of Liability. Neither party shall be liable to the other for any loss, damage, liability, claim or expense arising out of or in relation to this Agreement or your use of or inability to use Cheetah Communications services, other than for payment of fees due under Section 3 and for indemnification under section 4.03, however caused, whether grounded in contract, tort (including negligence) or theory of strict liability. Use of information obtained from or through Cheetah Communications is at your own risk.

Under no circumstances will Cheetah Communications be liable to you or any other person for any loss or damage caused by reliance on data or information available from, by way of, or held on Cheetah Communications' servers and systems.

You as a Cheetah account holder agree to waive and hold Cheetah Communications harmless from any claims relating to any action taken by Cheetah Communications as part of its investigation of a suspected violation of this Agreement or as a result of its conclusion that a violation of applicable law and/or this Agreement may have occurred.

This means that you cannot sue nor recover any damages whatsoever from Cheetah Communications as a result of Cheetah Communications' decision to remove material from its servers, cancel a newsgroup posting, warn you, suspend or terminate your account, or take any other action deemed necessary and/or appropriate during course of any investigation regarding a suspected violation or as a result of Cheetah Communications' conclusion that a violation has or may have occurred. This waiver applies but is not limited to all violations as described in these Terms and Conditions and in Acceptable Use Guidelines examples as provided herein.

IN NO EVENT SHALL CHEETAH COMMUNICATIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE ACCOUNT HOLDER'S USE OF OR INABILITY TO USE CHEETAH COMMUNICATIONS' SERVICES. CHEETAH COMMUNICATIONS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE AT CHEETAH COMMUNICATIONS' OPTION, EITHER RETURN OF THE SERVICE FEES PAID FOR THE CURRENT MONTH OF SERVICE AND ANY SET-UP FEES PAID, OR REPLACEMENT OF CONNECTION SERVICES OR PRODUCTS.

In any case, Cheetah Communications' entire liability under or arising out of this Agreement shall be limited to the amount you paid for the service in the twelve (12) months prior to the act or injury that gave rise to the liabil ity. However, some jurisdictions may not allow a limitation on liability for negligence that causes death or personal injury, and Cheetah Communications limits its liability in such jurisdictions only to the degree allowed by the applicable laws.

13.03 -- Indemnification. You agree to defend, indemnify and hold Cheetah Communications harmless from any claims, losses and damages, including but not limited to attorney's fees, resulting from any act deemed to be a violation of any of the provisions of this Agreement or your placement or transmission of any materials or content onto Cheetah Communications' servers, or from any and all use of your account, with or without your knowledge or consent.

14.0 MISCELLANEOUS:

14.01 -- This Agreement will be governed by and construed in accordance with the applicable laws of the State of California, excluding its conflict of laws principles, and the parties' consent to exclusive personal jurisdiction of, and venue in a court of competent jurisdiction located in and serving Los Angeles County, California.

14.02 -- All of section 11.0 and 12.0 and your obligation to pay amounts due under this Agreement will survive termination of this Agreement.

14.03 -- If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to effect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect.

In the future this Agreement will be available through the World Wide Web at this location:
http://www.cheetah.net/terms.html