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log in User Agreement, Terms and Conditions.
This is an agreement between Scirocco Communications LLC dba Virtual Interactive Center (hereafter referred to as VIC), which operates the service, and the user of the service (hereafter referred to as User).

Rights of access conveyed by this Agreement are non-transferable. Use of the account with the Virtual Interactive Center is expressly limited to the individual or dependents whose names appear on the personal account: for business or group accounts, the valid employees of the business whose name appears on the application. User is responsible for all activities and consequences thereof related to use of User's account, whether authorized or unauthorized. User assumes the responsibility for protecting the security of User's password(s).

If User is under the age of 18 years, this Agreement must be affirmed by User's parent or legal guardian, who is responsible for all charges related to the use of User's account and for the activities of the User and any consequences thereof.

User agrees to pay for any and all charges relating to the use of the Users account according to rates and prices published on-line at the time the service is used. VIC reserves the right to change prices on 30 days notice as published on-line. VIC reserves the right to suspend or terminate access to service for User's account in the event of delinquent payments. Payments are considered delinquent after 5 days from the due date. Payments are due on the 10th of each month, and the amount due will be announced no later than the 1st of the month. If a multi-month account is cancelled, the full rate will be charged, and no balance will be refunded.

If User agrees to be billed by credit card, charges will be billed to User's credit card on each renewal date until the account is canceled. User authorizes this automatic billing by VIC.

VIC reserves the right to delete User's personal files after one or both parties terminates agreement.

VIC reserves the right to change without notice the VIC service, including but not limited to, access procedures, hours of operation, web site, documentation, vendors and services offered.

User agrees to use this service in a manner consistent with any and all applicable laws, whether state, or federal. The laws of the State of Tennessee govern all matters relating to this service, and any legal action will be brought in Knox County, Tennessee.

VIC assumes no responsibility for the contents of anything transmitted by users of this service. User agrees to indemnify and hold VIC and its directors harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses, including attorneys fees, relating to acts by User or materials transmitted by User. User's responsibility includes, but is not limited to, insuring that material transmitted by User does not violate or infringe on any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous.

User agrees to abide by the rules and etiquette expectations of any network or service accessed through their account. Violations may result in the suspension or termination of any or all account priviledges. The judgement of VIC is final in such matters. Violations include, but are not limited to, chain letters, commercial postings in non-commercial newsgroups, excessive cross-posting or multiple postings of substantially identical messages, and harassing or off-topic postings in newsgroups or IRC channels. The posting of "spam", which includes multiple posts to newsgroups primarily for advertising rather than in support of the group's discussion topics, will not be tolerated. In particular, posting contrary to the Current Spam Thresholds and Guidelines will be considered a violation of acceptable use.

All VIC services, software, and information are provided on an as is, as available basis. Any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall VIC be liable for any direct, indirect, incidental, special, exemplary, consequential or punitive damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of use of VIC services, software, or information, even if advised of the possibility of such damage. In particular, VIC is not responsible for User's personal files residing on VIC. User is responsible for independent backup of data stored on VIC.

Unathorized access to or tampering with files or communications, including but not limited to e-mail, not owned by User is forbidden and may result in termination of services and prosecution under applicable federal or Tennessee law. VIC agrees not to disclose the contents of User's private files or communications to any other party, unless there is reason to believe they are connected to illegal activities, in which case they may be disclosed to legal authorities. VIC will not examine the contents of private files or communications without User's permission unless required to do so for technical or legal reasons. User is responsible for protecting private files from unauthorized access, and will not hold VIC liable in the event of unauthorized tampering, interception, or access by another party.

VIC may, at its sole discretion, terminate this service agreement immediately or suspend Users access to the service upon breach of this service agreement by User, including, but not limited to, performance of activities harmful to VIC or its Users, vendors, business relationships or any other users of the Internet.

VIC may modify these terms and conditions upon notice published on-line through VIC. Users use of VIC services after such notice shall constitute Users acceptance of the modifications to this Agreement.

Non-enforcement of any section of this agreement does not constitute consent and VIC reserves the right to enforce this Agreement at its sole discretion.

If any one or more paragraph(s) in this Agreement is found to be unenforceable or invalid, User's and VIC agreements on all other paragraphs shall remain valid. If any statement in a paragraph is found to be unenforceable or invalid, User's and VIC agreements in the affected paragraph shall be modified in the minimal way as to render it valid, without affecting the remainder of the agreement.

Dated August 2, 2001

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