(2a) Privacy: The customer is responsible for the security and privacy of his/her/its account, including, but not limited to, passwords, email content, personal information used for e-commerce, on-line product registrations or on-line subscriptions of any type, file data, and any form of computer intrusion.

An aspect of online privacy concerns focus on the protection of 'customer identifiable' information which an individual or another customer reasonably expects to be kept private. 'Customer identifiable' information means information which can be associated with a specific entity or individual, including, by way of example, a customer's name, e-mail address, and information about on-line activities which can be directly linked to him or her. GENEXT, LLC collects such information, for example, in the account set-up process in order to properly establish the account, render the customer bills and to offer services. Web-sites, maintained by third parties, frequently ask visitors to supply information about themselves and their interests.

GENEXT,LLC's servers may automatically gather the following information: time of call initiation, length of call, number called, and server port connected. GENEXT.LLC does not use that information except in the aggregate.

GENEXT, LLC has implemented technology and security features and these strict policy guidelines to safeguard the privacy of customer identifiable information from unauthorized access or improper use, and will continue to enhance its security procedures.

GENEXT, LLC does not read or disclose to third-parties private e-mail communications that are transmitted using GENEXT, LLC's services, except as required to operate the e-mail service or as otherwise authorized by law.

GENEXT, LLC may also use customer identifiable information to investigate and help prevent potentially unlawful activity or activity that threatens GENEXT, LLC's network or the Internet or otherwise violates the customer agreement for that service. GENEXT, LLC honors requests from customers for account information, such as billing information, and will correct any such information which may be inaccurate. Customers may verify that appropriate corrections have been made.

GENEXT, LLC, along with many other ISP's and Web-content providers, recognizes that children may not be able to make informed choices about personal information requested on-line.

GENEXT, LLC encourages children to seek the consent of their parents or other guardians before providing any information about themselves or their households to anyone on the Internet, and urges parents and guardians to take an active role in protecting the privacy and security of children and preventing the inappropriate use of information about children.

Users should also be aware that non-personal information and data may be automatically collected through the standard operation of GENEXT, LLC's and various web-sites' servers or through the use of 'cookies'. Cookies are small files a web-site can use to recognize repeat users, facilitate the user's ongoing access to and use of the site and to allow a site to track usage behavior and compile aggregate data that will allow content improvements and targeted advertising. Cookies are text files; they are not programs, which come onto a user's system and damage files. Commonly, cookies work by assigning a unique number to the user that has no meaning outside of the assigning site. Users should be aware that GENEXT, LLC cannot control the use of cookies or the resulting information by third parties hosting data on GENEXT, LLC servers, advertisers, or the operators of various web-sites and their advertisers. If a user does not want information collected through the use of cookies, most browsers contain features which allows the user to deny or accept the cookie feature. Users should know, however, that certain features contained on certain web-sites (such as customized information) is not available without the use of cookies.

GENEXT, LLC will keep this policy current and will inform you of any changes by posting the same on its Web-Site. GENEXT, LLC reserves the right to change this policy at any time, by notifying users of the existence of this new privacy and data security statement. This Statement and the policies expressed herein are not intended to and do not create any contractual or other legal rights in or on behalf of any user or other third party.

(3) Limits of connectivity: Any access to other networks connected to GENEXT, LLC must comply with the rules appropriate for that other network. Use of GENEXT, LLC itself may be for any lawful purpose. Use of GENEXT, LLC for lawful commercial purposes is both permitted and encouraged. Connectivity is provided for the customer/organization only.

(4) Technical support: GENEXT, LLC may provide technical assistance for software and hardware sold and supported by GENEXT, LLC. This may include the installation and setup of any program or hardware purchased through GENEXT, LLC necessary to access its service. It is, however, the customer's ultimate responsibility to work with the manufacturer of its software, operating system and hardware to resolve any installation or operation problems. GENEXT, LLC will assist customers when and where possible, but makes no warranties or guarantees that technical assistance will be provided. Contact GENEXT, LLC for more information on supported products.

GENEXT, LLC MAKES NO GUARANTEES OR WARRANTIES ON THE FREE SOFTWARE IT DISTRIBUTES THROUGH THE MAIL OR THAT IT MIRRORS ON-LINE. THIS SOFTWARE IS PRODUCED AND MANUFACTURED BY THIRD PARTY SOFTWARE VENDORS AND GENEXT, LLC DISTRIBUTES THIS SOFTWARE "AS IS". THE CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS GENEXT, LLC FROM ANY CLAIMS, LIABILITIES AND EXPENSES RESULTING FROM THE CUSTOMER'S USE OR MISUSE OF THIS SOFTWARE.

(5) Prohibition of service resale: Resale of direct IP connectivity to any other individual or organization is prohibited unless otherwise stated in writing by GENEXT, LLC. Unless otherwise agreed to in writing by both parties, the network connection that a customer is purchasing from GENEXT, LLC is strictly for private/commercial use. The customer is not permitted to resell, loan or share with others the connection in any way.

(6) Dial-up connections: The customer may not use any device or program that causes the connection to remain established (forced) during the customer's absence from direct interactive operation of customer's computer or other network connection device. In short, the customer may stay connected as long as he/she is interacting with the connecting device, forced connections are not permitted. GENEXT, LLC reserves the right to disconnect any dial-up connection that has been on-line for more than eight (8) hours of continuous use, whenever it appears that a connection is forced or unattended, for required maintenance purposes or for any other reason GENEXT, LLC deems appropriate and/or necessary. GENEXT, LLC also reserves the right to disconnect a user if that user exceeds the number of simultaneous connections that he/she are permitted. GENEXT, LLC also reserves the right, at its discretion, to suspend the customer's dial-up privilege upon repeated violations of the above rules or terminate service without reimbursement.

There is a nominal $10.00 Account Setup Fee for all Dial--Up Account Activations and Re-Activations (in addition to any re-connection fees, if applicable). This Fees is for the provisioning of service on the Genext Network, regardless if assistance is provided for the configuration of your computer or other connecting device. Furthermore, any subsequent customer requested changes or modifications to any account setup parameter (including: name changes for dial-in, username, additional or alternate email addresses, web page name or password, addition of features such as cgi-bin, asp and front page modifications) that requires GENEXT, LLC intervention is subject to a minimum $10.00 fee per occurrence.

IT IS THE RESPONSIBILITY OF THE CUSTOMER TO VERIFY THAT THE PHONE NUMBER GIVEN FOR DIAL-UP ACCESS IS AN EXCHANGE LOCAL TO THE CUSTOMER. GENEXT, LLC ASSUMES NO LIABILITY FOR TOLL CHARGES THAT THE CUSTOMER MAY ACCRUE AS A RESULT OF DIALING AN ACCESS NUMBER OUTSIDE THE CUSTOMER'S LOCAL CALLING AREA.

(7) Dedicated Connections: The customer may use a dedicated connection to GENEXT, LLC for internal use only, unless otherwise agreed upon in writing. Dedicated Connections include, but are not limited to DSL, Wireless, Fiber, Cable Modems, or Direct RF/Laser Link. Usage of commercial dedicated connections to GENEXT, LLC and/or its business partners include, but are not limited to, Intranet and Internet applications dealing with sales, marketing and operational functions of the company. Additional Terms and Conditions apply for each type of Dedicated Connection. Please contact your Customer Service Associate for more information. In any case, a company or individual may not resell Internet access, Web site hosting or email accounts to other individuals or companies. GENEXT, LLC does have reseller programs available. Contact GENEXT, LLC for details.

(8) Individual Personal Home Page hosting: Individual user home pages may only be used for personnel/entertainment purposes. The sale of products or services are strictly forbidden on these home pages. In the event GENEXT, LLC determines that the customer is using a personal home page for commercial use, GENEXT, LLC may, at its discretion, suspend or terminate the individual's usage of his/her home page. User home pages may not contain any material in violation of any US or state regulations. This includes, but is not limited to, copyrighted material or material protected by trade secret, and any material deemed to be threatening or obscene by GENEXT, LLC management. This also includes any material deemed to be pornographic, any material which relates to or promotes hate group activities, themes, or propaganda, or any material which defames any civic, ethnic, or religious affiliation.

THE CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS GENEXT, LLC FROM ANY CLAIMS RESULTING FROM THE CUSTOMER'S USE OF SUCH MATERIALS OR ANY DAMAGES INCURRED TO THE CUSTOMER OR ANOTHER PARTY. VIOLATION OF THIS POLICY WILL RESULT IN THE IMMEDIATE REMOVAL OF THE CUSTOMER'S HOME PAGE PRIVILEGES.

Individual personal Home page traffic is limited to 100 megabytes per month, total of all protocols. Any account exceeding this rate will be considered as a commercial site and will be required to purchase a commercial Web account in order to continue the Web hosting service.

There is no additional charge for initial Personal Homepage Setup when activated by request of the customer at the time of Personal Internet Connection Account Set-up. (Most Internet Accounts require a nominal set-up fee). By default, Personal Homepage setup is not completed unless specifically requested by the customer. However, any subsequent customer requested changes or modifications to personal home pages or to any account setup parameter (including: name changes for dial-in, web page name or email name, addition of features such as cgi-bin, asp and front page modifications) that requires GENEXT, LLC intervention is subject to a minimum $10.00 fee per occurrence.

(9) Commercial Web Site Hosting: Commercial Web Sites have no restrictions as to usage except that the business conducted on the Web site adhere to applicable Local, State and Federal regulations and that the information presented adhere to the terms and conditions stated in paragraphs 2, 3 and 7 above. Before Web Site privileges are granted, GENEXT, LLC reserves the right to inquire as to the usage of the Web Site in order to establish projected traffic to and from the site. All standard commercial Web sites are limited to a maximum monthly traffic rate of 4,000 megabytes/month, total for all protocols. If traffic exceeds this limit, GENEXT, LLC reserves the right to either throttle usage or require additional compensation commensurate with the actual traffic rate.

There is no charge for initial Commercial Web Hosting Account Setup. However, any subsequent customer requested changes or modifications to personal home pages or to any account setup parameter (including: name changes for dial-in, web page name or email name, addition of features such as cgi-bin, asp and front page modifications) that requires GENEXT, LLC intervention is subject to a minimum $15.00 fee per occurrence. Additional consulting and programming services are available under a separate agreement by contacting GENEXT, LLC.

(10) Email usage: Residential Email accounts may only be used for non-commercial purposes. Mass email distribution (SPAMMING) or unsolicited commercial or residential emailing from GENEXT, LLC servers is prohibited. Violation of this policy may result in the immediate termination of service and forfeiture of any outstanding prepaid service payments at the discretion of GENEXT, LLC. Further, damages will be assessed, ($190.00/occurrence) for SPAM cleanup and/or customer complaints. If a user uses any GENEXT, LLC server for SPAM, he/she will be assessed a charge of $0.05/message or 1 year's service charge, whatever GENEXT, LLC deems appropriate.

(11) Billing and payments: Billing for service is in advance of the following term. Payment of bills may be by cash, check, money order or credit card, but not Debit Cards. GENEXT, LLC will not be held responsible for bank overdrafts in cases where a customer uses a Debit Card in lieu of a Credit Card. If payment is made by cash or check, payment is due upon transmission of electronic invoice or phone notification. Payments by credit card shall be renewed automatically unless the customer notifies GENEXT, LLC that they wish to terminate the service or change to one of GENEXT, LLC's other payment plans.

Payments not received by the 5th day of the month are subject to a $10.00 Late Payment Fee for each billing product. Accounts are considered in default if payment is not received within thirty (30) days after the expiration of the previous term. Once the account goes into default, late fees ($10.00 per month) and Finance Charges (18% APR or 1.5% Monthly) will be instated and all services will be suspended.

Late notices are sent via email (first notice) and/or USPS (second and final notices) on or around the 5th of each month. Accounts that have not arranged for or made payment by the 20th of the month will be Suspended at the end of the month. Accounts due to be Suspended are removed from the billing cycle and fees will be assessed to reconnect service.

If payment is received following the next months billing date, service will not be re-instated without written order or by speaking directly with an account representative. Re-connection orders will not be accepted via email or voicemail.

If the customer wishes to restore his/her service, all outstanding payments must be made and a fee of $20.00 may be assessed to re-establish the service. The re-establish fee may be waived at GENEXT, LLC's sole discretion, if Customer enrolls in Auto-payment service. All payments for service are for the full term of the service whether or not the customer uses the service during that term.

GENEXT, LLC performs good faith in resolving past due accounts often giving its customers the benefit of the doubt. In good faith we may chose to NOT terminate service while waiting for payment. It is the responsibility of the customer to make immediate payment arrangements. If payment is not received within 30 days from date of default, then GENEXT, LLC will perform collection through Small Claims or a local circuit court. GENEXT, LLC may also elect to arbitrate through the Better Business Bureau. In many instances it may be referred to a collection agency. If a claim cannot be resolved in a reasonable manner and the claim is presented to either a collection agency or Small Claims court, then the customer will be responsible to pay all costs of collection, reasonable attorney fees and court costs, if necessary.

Any Internet access or usage of any service or service component requires payment for service. Use of service without payment is considered theft of service in all circumstances. Unsuccessful collection attempts will be referred to the authorities for criminal prosecution.