THIS AGREEMENT  (hereinafter Agreement)  is made and entered into between INTERLINK COMMUNICATIONS, INC.,  A North Carolina Corporation (hereinafter ICOM) and the Customer (hereinafter Customer).

I. Access to ICOM:
Upon execution of this Agreement, Customer subscribes to ICOM’s interactive telecommunications network (hereinafter ICOM) in accordance with this Agreement.

II. Passwords:
A. During the term hereof, ICOM shall provide Customer with access to ICOM by supplying Customer with a unique security code (s) (hereinafter Password).  Password will be the manner of access to ICOM when access is gained through public dial-up telephone equipment and services.

B. ICOM will use its best efforts to provide a desired Password to Customer, but may deny a requested Password based upon considerations including but not limited to security, confusion with other Passwords, offensiveness or infringement upon proprietary and legal rights of others.

C. Based upon the considerations set out in Paragraph 2 (B) above, ICOM reserves the right to change an existing Password. 

III. Fees and Charges:
A. In consideration of its connection and access to ICOM, Customer shall pay to ICOM, in advance, the set-up fee and monthly use fee associated with the requested services as identified in the schedule of services and fees adopted by ICOM and published on ICOM.

B. Monthly use fees as identified above are subject to change upon fifteen (15) days written or electronic notice, and said changed use fees shall be effective for the next billing period beginning after said fifteen day notice. 

C. Accounts in default are subject to current reconnection fees.

IV. Customer restrictions and duties:
A. Customer shall comply with all proprietary and restrictive notices that may appear on ICOM or information and files accessed through ICOM.

B. Customer shall be responsible for maintaining the security of Password(s) issued to Customer and no one other than customer shall use said Passsword.

C. Customer shall make efficient use of ICOM and any service or system available through ICOM.  Because ICOM provides unlimited access to ICOM, extended network access, without activity by customer, will be cause for session and /or network disconnection. 

D. Customer shall not upload, download, communicate or transmit any software or information in violation of copyright laws or other proprietary rights, or which would violate any other federal, state or local law or regulation. 

E. Customer shall not use ICOM to transmit any information, communication, software or similar data where the contents of the same, or its transmission or distribution, would violate any federal, state or local law or regulation, or would by highly offensive to anyone with access to the same. 

F. Customer shall not use any ICOM personal account for commercial purposes.  Customer may not redeliver or distribute to third parties for commercial or common use any services or products provided by or available through ICOM.

G. Customer shall not use any ICOM account to communicate threats, stalk, abuse, harrass, defame or cause harm to another user that may violates Local, State, Federal and International Law.  ICOM will not tolerate any such actions and reserves the right to immediately suspend any account that violate this agreement.  ICOM will cooperate with  Law Enforcement and other Agencies by providing them with logs and other information they may require for prosecution.

H. Customer shall not use any ICOM account to gain unauthorized access or entry into any other Network or systems accessible through our service. ICOM will cooperate with  Law Enforcement and other Agencies by providing them with logs and any information they may require for prosecution.

I. Customer agrees to abide by the Terms and Conditions of Use as contained online in the Terms and Conditions of Use Screens, as they now exist or may from time-to-time be amended.

V. Warranty and Waiver:
ICOM makes no warranty, express or implied, as to its services in connection with ICOM, uses thereof, or the accuracy or correctness of any information available through ICOM, including, but not limited to, any warranties or merchantability or fitness for any particular purpose.  ICOM exercises no control whatsoever over the information from the Internet passing through ICOM.  Customer specifically acknowledges that ICOM has no control over data and information passing on ICOM from the Internet;  Customer hereby specifically waives any and all claims or damages against ICOM for or by reason of Customer’s access to information or data offensive to Customer by reason of content, whether pornographic, intellectual, political or other nature offensive to Customer.

VI. Limitation of Liability:
 In no event shall ICOM by liable to Customer for any indirect, special or consequential damages or lost profits arising out of or related to this agreement, the performance or breach thereof, or the accuracy or correctness of the information available through ICOM, even if ICOM has been advised of the possibility thereof.  Customer waives any and all claims against ICOM whether in tort, contract, or strict liability, and will indemnity and hold ICOM harmless from any such claims.  Customer agrees to hold ICOM harmless for any damage to Customer’s hardware or software, and specifically waives any claim against ICOM, for incorrect, erroneous information or data or “computer viruses” acquired by Customer’s equipment or software downloading any software or information or data through ICOM.

VII. Indemnity Agreement:
Customer agrees to secure and indemnify ICOM against any claim, loss, damage, or expense that ICOM may suffer or incur arising out of any claim, action, or proceeding that may be brought against ICOM for transmission of any information, communication, software or similar data by or through ICOM by Customer or made possible by Customer’s Password.

VIII. Term:
The term of this Agreement shall be until either party terminates the same, upon thirty (30) day written or electronic  notice.  Customer shall be responsible for all charges identified in Paragraph 4 above through the effective date of termination.  Notwithstanding termination by notice as identified herein, ICOM reserves the right to immediately terminate Customer’s subscription due to any breach of the Agreement or policies of ICOM. 

See Section IX Paragraph D regarding cancellation policy.

IX. General:
A. Entire Agreement:  This Agreement is the entire agreement between the parties relating to the subject matter hereof and supersedes all prior understandings, writing, proposals, representations or communications, oral or written, of either party.  This Agreement may be amended only by an instrument executed by both parties provided however, ICOM may change fees as set out in Paragraph 3 above without consent of customer. 

B. Assignment:  Customer shall not assign any right, obligation, or liability arising hereunder without ICOM’s prior written consent.  Any such assignment or attempted assignment shall be null and void.

C. Applicable Law:  This Agreement shall be interpreted in its entirety in accordance with the substantive laws of the State of North Carolina.

D. Cancellation of Service: Customer must notify ICOM in writing, facsimile or by electronic messaging such as E-Mail of intent to cancel subscriptions service.  Customer shall provide necessary account information such as name, account ID, address or telephone number  to verify the account for our records. Notice must be received prior to the end of current Billing Cycle (See FAQ).

ICOM will not assume intent to cancel services by a Customer if they simply ignore the service agreement by letting their account(s) lapse.  ICOM will maintain it's current billing procedure until the account reaches it's normal delinquent stage.  Customer will be responsible for service charges and incurred with ICOM.  ICOM will use any information available to collect or assist in the collection of outstanding balances.

XI. Acknowledgement:

The Customer, understands that by use of ICOM services that they agree and accept the terms and conditions of this agreement as ammended.

If for any reason the customer does not accept or agree to the terms of this agreement, they must submit a cancellation request immediately and discontinue use of network services.