The BlueLight Internet Service (the "ISP") is operated by NetZero, Inc., a United Online Company ("NetZero"). The BlueLight Internet e-mail service ("BlueLight Internet Mail") is operated by one or more third-party service providers. This Terms of Use agreement ("TOU") sets forth the terms, conditions and guidelines for use of the BlueLight Internet and BlueLight Internet Mail (collectively, the "Service") and constitutes a legally binding contract between you, on the one hand, and NetZero and its suppliers and providers. Please read this TOU carefully before activating or using an account with the Service.

WE PROVIDE THE SERVICES, AS THEY MAY EXIST FROM TIME TO TIME, TO USERS WHO PAY A SERVICE FEE TO SUBSCRIBE TO THE SERVICES. BY ESTABLISHING AN ACCOUNT OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND TO USE THE SERVICES IN COMPLIANCE WITH THIS AGREEMENT, OUR SOFTWARE LICENSE AGREEMENT AND PRIVACY POLICY. BY REGISTERING FOR OR CONTINUING TO USE THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE AGREEMENTS, UNDERSTAND THEM AND AGREE TO BE BOUND BY THEIR TERMS, CONDITIONS AND GUIDELINES. IF YOU DO NOT AGREE TO ANY OF THE TERMS, CONDITIONS OR GUIDELINES IN THE AGREEMENTS, INCLUDING ANY FUTURE REVISIONS, YOUR SOLE REMEDY IS TO TERMINATE YOUR USE OF THE SERVICE UNDER SECTION TERMINATION.

By accepting this TOU, you agree that your use of all software provided to you in connection with the Service is governed by our Software License Agreement. By accepting this TOU, you also agree to the terms of the ISP Privacy Policy. You agree that our sole obligations with respect to user data and privacy are set forth in the ISP Privacy Policy. Please note that we may change any of these Agreements at any time. In the event that we make material changes to this TOU or the Service, we will provide you with notice thirty (30) days in advance. Use of the Services after such changes have taken effect constitutes acceptance of all changes.
Please also note that at any time, if we determine in our sole discretion that you have abused or violated the letter or intent of any of these terms, conditions or guidelines, we reserve the right to terminate your account immediately without notice.
You must be 18 years of age and a legal resident of the United States in order to register for or hold an account with the Service. If you are under 18 years of age, you may still have access to the Service, but only if your parent or guardian establishes an account with the Service and gives you permission to use the Service through such account. Local access dial-up numbers may not be available in all areas. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or other charges. We are not responsible for any long-distance, toll, or other telecommunications charges you incur. Depending on your particular location, the access number you use may not be a local phone call (even though it may be in the same area code or city as your phone number). We advise you to check with your local phone company to verify whether any access number you are using or intend to use requires a local call and whether any communication charges may apply. We may change our local access dial-up numbers at any time. We reserve the right to advise or direct you to use certain numbers to access the Service or to restrict use of specific access numbers.
Simultaneous login access is forbidden. Prices for Services are posted under links at www.mybluelight.com or can be obtained by calling 1-800-522-0839. We reserve the right to change prices and institute new fees at any time upon 30 days prior notice.

BILLING AND PAYMENT
You must provide us accurate and complete billing information for Service plans in which we charge a fee. We will bill you by charging your designated payment method, such as billing on your local phone bill, debit to your credit card or electronic funds transfer from your checking or savings account. If you elect the phone bill payment service you agree that you are the telephone account owner and authorized to make changes to and/or incur charges on the telephone account in which you provide us. Further, you understand that the telephone account number your have given us is subject to verification prior to activation of Services.

You are responsible for reporting to us all changes to your billing information within thirty (30) days of the changes. If you fail to pay your bill for the Service, if your designated credit or debit card is denied or cancelled, telephone account verification is denied or cancelled, if your electronic funds transfer is denied, or if collection is for any reason impeded, we may discontinue or suspend your access to the Service and close your account. Charges may continue to accrue if we suspend or discontinue access until the account is terminated by you. We are not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by us. Your right to use the Service is subject to any additional requirements or limitations imposed by your credit card issuer, bank or local telephone carrier, and any applicable rules and regulations. We reserve the right to collect all applicable taxes and other surcharges, as required by law. In addition, some service plans or promotions may require termination or cancellation charges. You agree to pay all such charges as applicable.

The fees for the Service cannot be prorated. If you cancel your account with the Service and have the month-to-month plan you will not receive any refund or partial refund of your monthly fee. If you have selected the prepaid annual plan and are unsatisfied you may change plans or cancel your account with the Service and your prepayment for all unused months will be credited to you. To determine the refund, we will calculate all used months at the standard monthly fee and deduct from your initial prepayment. If we terminate your access to the Service for your violation of this TOU you will not receive any refund or partial refund of your monthly or annual fees.

You are responsible for all fees related to your account. We reserve the right to collect all fees incurred by you prior to the termination of your account. We may bill an additional charge to reinstate a suspended account. In addition, you agree to reimburse us for all costs and expenses, including attorney and collection fees, incurred by us in our efforts to collect any outstanding balance from you. If you object to any charge or fee related to your account, you must raise this objection with us within 60 days of incurring such charge, or you agree that you waive your right to dispute such charge or fee.

We reserve the right to change our fees and billing procedures at any time upon thirty (30) days notice. Billing and payment collection for the BlueLight Internet Service may be operated by one or more third-party service providers. Any questions regarding billing procedures should be directed to BlueLight Internet Customer Care at 1-800-522-0839. The following provisions apply to free Service plans as well as Service plans for which we charge a fee:

• In addition to the fees and charges you incur through the Service, you agree that you are responsible for all third-party charges you incur while on the Internet.

SPECIAL OFFERS
Any special offers related to Service, including an offer under which you earn one or more months of service, are subject to the particular terms and conditions (including time limitations) of such offers.

USER RESPONSIBILITIES
You agree to provide us with accurate and complete registration and billing information, and agree to keep that information updated at all times. Failure to do so constitutes a material breach of this TOU.

You will receive or have received an account name and a password. You and members of your household are the only authorized users of your BlueLight Internet Service account and must comply with this Agreement. You assume all resulting liability from use of the Service for such authorized person(s). You must keep your password confidential so that no one else may access the Services through your account. You must notify us immediately upon suspecting or discovering any unauthorized use of your account. Using a personal account for high volume or commercial use is prohibited. We retain ownership of your account name and license it to you on a limited, nonexclusive basis for the duration of your account activation.

You are responsible for all activity on your account, regardless of whether you are using the account yourself or permitting another person to do so. Therefore, you should supervise any other person whom you permit to use your account, especially children. Unsolicited advertisements or solicitations sent from other networks that reference your account will be treated as if they originated from your account, unless we know, or have sufficient evidence to believe, that the message originated with some unrelated party.

PROMOTIONAL MESSAGES
We and/or third parties may, from time to time, send email messages to you containing advertisements and/or promotions. WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY SUCH EMAIL MESSAGES OR ANY GOODS OR SERVICES THAT MAY BE OBTAINED FROM SUCH THIRD PARTIES, AND YOU AGREE THAT WE SHALL HAVE NO LIABILITY WITH RESPECT THERETO. You expressly permit and authorize us and our affiliates (and such third parties as may be authorized by us, subject to the Privacy Policy) to furnish you, electronically when you use the Services or by any other means selected by us, information or materials prepared by us or by (or on behalf of) other entities, including advertising information and solicitations. You acknowledge that any such information, advertisements and solicitations are an inseparable part of the Service, and you understand and agree that the furnishing of such information, advertisements and solicitations to you cannot be terminated unless the Service is also terminated. Notwithstanding the foregoing, you may elect to not receive such information from third parties at the alternate e-mail address you may have provided to us.

CONTENT
We have no obligation to monitor the Services and provide an unfiltered connection to the Internet. We do not routinely review data, documents, materials, or information before they are transmitted through the Service. We will have no liability--whether arising under the laws of copyright, patent, trade secret, defamation, privacy, obscenity, or otherwise--related to the content of any such communications.

You are solely responsible for all content including, but not limited to, photographs, illustrations, icons, articles, text, audio clips, and video clips (collectively, "Content") that you post, email or otherwise transmit via this Service. We do not control Content accessed, viewed, posted, emailed or otherwise transmitted or received via the Service, and do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Internet, you may be exposed to Content that is offensive, indecent or a violation of individuals' or proprietary rights. You are solely responsible for using reasonable efforts to screen unwanted material. Under no circumstances will we be liable for any Content accessed, viewed, posted, emailed or otherwise transmitted or received via the Service, regardless of where it originated. In addition, you agree not to rely on any Content created or posted by us.

At our sole discretion, we may take any action we deem necessary to minimize liability for us, our affiliates, or our partners, including (but not limited to) removing any Content and/or immediate terminating the Service to a user whose conduct fails to conform with the letter or spirit of these terms and conditions. If we determine a need to monitor the Services, in our sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or to protect us and our users. Please review our Privacy Policy. We reserve the right to block any user's access to any Content, Web site or Web page in our sole discretion.

You understand that unless otherwise specified in your service level or plan terms, we do not utilize anti-virus software or services to scan for viruses. If your service level or plan terms include anti-virus software or services, you understand that not all viruses can be detected and/or cleaned. You are responsible for any damages caused by your decision to download any e-mail or attachments.

PROHIBITED USES
You agree to use this Service only for lawful purposes and not to allow others to use your account for any unlawful purpose. Use of this Service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law, regulation, ordinance, or other rule imposed by any governmental authority is prohibited. You also agree not to use the Service:

1. in violation of this TOU or other rules and guidelines that we may promulgate from time to time;
2. to use, transmit, or disseminate any materials that infringe or violate any third-party's copyright, trademark, trade secret, privacy, patent, or other proprietary or property right, or in a manner that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation (including laws applicable to exportation of encryption software);
3. to "flood" or disrupt any newsgroup, mailing list, chatroom, or similar forum, including without limitation, by excessive hitting of the return key or scrolling faster than others;
4. to post material to any newsgroup, mailing list, chatroom, or similar forum that is inappropriate or off-topic according to the charter or other public statements of the forum, or established conventions, including without limitation, unsolicited advertisements or large amounts of text or images. You are responsible for determining whether or not a newsgroup, mailing list, chatroom, or similar forum permits the type of message you intend to post;
5. to alter or forge any headers of email messages or any other electronic transmission, in part or whole, to conceal the email address, prevent others from responding to the message(s), or mislead or deceive others as to the identity of the sender of the message(s);
6. to pretend to be someone else;
7. to transmit or disseminate harassing, libelous, abusive, threatening, obscene, defamatory, embarrassing, distressing, annoying, unlawful, tortious, harmful, pornographic, vulgar, racially or ethnically offensive, hateful, or otherwise objectionable materials or materials that are invasive of another's privacy;
8. in any way that harms or has the substantial likelihood of harming any minor;
9. to transmit, disseminate or store illegal images or URLs containing child pornography;
10. to transmit, disseminate, or upload viruses, worms, any software intended to damage or alter a computer system without the owner's consent, or any other harmful, disruptive, or destructive files or devices;
11. in any way that generates excessive network traffic, adversely affects the ability of others to use the Service, or otherwise disrupts the normal use of the Service, including without limitation, by running excessive numbers of processes, attempting to disrupt the connections of other users, consuming excessive amounts of CPU time, memory or disk space, running multiple simultaneous logins, using "auto-responders", "cancel-bots" or other similar mechanisms, or "mail-bombing", "news-bombing", or sending excessive amounts of unsolicited e mail (whether commercial or informational);
12. to transmit, disseminate, or relay advertising, chain letters, pyramid schemes, SPAM, junk mail, charity requests, petitions, or any other type of unsolicited emailing (whether commercial or informational) to persons or entities that have not agreed to be part of such mailings, or to harvest or collect information about another user for such purposes;
13. to view or intercept email or any other electronic transmission not intended for you;
14. to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Service, or offer use of the Service or access to the Service;
15. to get, collect, or store password or account information, or other private information from another user without consent;
16. to stalk or solicit another person against that person's wishes;
17. for high-volume or commercial purposes; or
18. to post or send any fraudulent or misleading offers of products, items, or services.

USAGE AND INACTIVITY
Our accounts are for interactive use only, and you are prohibited from having more than one (1) simultaneous dial-up connection from your account. Account connections have idle timers that may terminate a dial-up session. Use of the Service on a standby or inactive basis in order to maintain a connection is prohibited. This includes, without limitation, taking any action to defeat or bypass our idle timeout or similar mechanism (including, without limitation, any method of mimicking user activity or testing). We reserve the right to terminate an end user's online session at any time.

In addition, we reserve the right to limit the amount of consecutive time users are connected to the Service, regardless of the users' continued activity. Your usage of the Service may be subject to hour limitations, depending on the plan you have selected. We have no obligation to continue to provide service to you once you have reached the hour limitation applicable to you, if any. We may cause upgraded Service-related software to be automatically downloaded to your computer. The connection time for such download will count toward the hour limitation applicable to you, if any.

We also reserve the right to impose limits on your available email storage space. If you exceed the maximum permitted storage space, we may delete email messages from the affected mailboxes, at our discretion. We do not assume any responsibility for the deletion of or failure to store email messages.

SYSTEM AND NETWORK SECURITY
Violations or abuses of system or network security of the Service are prohibited, and may subject you to criminal and/or civil liability. We will investigate potential security violations, and may notify applicable law enforcement agencies if violations are suspected. You may not interfere or attempt to interfere with the security of the Service or the system resources of the Service. You may not circumvent or attempt to circumvent the authentication procedures or security of the Service or any host, network, network component, or account to access data, accounts, or systems that you are not expressly permitted to access. You may not use or attempt to use another person's or entity's account, service, network, or system without authorization. You may not interfere or attempt to interfere with any other user, host, system, or network on the Internet unless expressly permitted to do so.

VIOLATION OF TOU
If we and/or our affiliates, partners, or providers become aware of possible violations of the letter or intent of this TOU, we may, in our sole discretion, initiate an investigation, suspend or terminate the account, remove materials from our servers, cancel newsgroup posts, issue a warning, block any prohibited activity, or take any other responsive action. You agree to respond in a timely manner to any complaints. We and our affiliates, partners, or providers reserve the right to assess a charge of $500.00 per complaint received by us or our affiliates, partners, or providers and to recover damages for such complaints for any harm done to the system or Service or for employee hours devoted to responding to complaints. Nothing contained in this TOU shall be construed to limit the actions we and/or our affiliates, partners, or providers may take or remedies available to us and/or our affiliates, partners, or providers in any way with respect to any prohibited activity or conduct.

Users who violate this TOU may additionally incur criminal and/or civil liability. We may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with their investigations of any suspected civil or criminal violations, or any other wrongdoing.

Non-enforcement of any provision of this TOU does not constitute consent or waiver, and we reserve the right to enforce such provision(s) in our sole discretion.

INDEMNITY
You agree to indemnify and hold us and our subsidiaries, affiliates, partners, telecommunications providers, service providers, officers, employees and agents harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of the use of the Service, any Content you post, email, transmit, or relay to or through the Service, your violation of the TOU, or your violation of any third-party rights, including without limitation, the infringement by you, or any other user of your account, of any intellectual property or other rights of any person or entity.

LIMITATION OF LIABILITY
IN NO EVENT WILL WE, OUR AFFILIATES, SUPPLIERS, SERVICE PROVIDERS, OR OTHER THIRD PARTIES AFFILIATED WITH US BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXTRAORDINARY, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, THE RESULTS OF USE OF THE SERVICE, ANY STORAGE MEDIA RELATED TO THE SERVICE, ANY SOFTWARE CONTAINED ON SUCH STORAGE MEDIA (INCLUDING THIRD-PARTY SOFTWARE), ANY WEB SITES LINKED TO THE SERVICE, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR THE CONTENT ANYWHERE ON THE INTERNET, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF ANY OF OUR SUPPLIERS, SERVICE PROVIDERS, OR THIRD-PARTY AFFILIATES, ARISING FROM OR RELATING TO THIS TOU (REGARDLESS OF THE FORM OF ACTION OR CLAIM, e.g., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, MALPRACTICE, FRAUD OR ANY OTHER LEGAL THEORY) IS LIMITED TO ONE DOLLAR ($1). APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

DISCLAIMER OF WARRANTIES
THE SERVICE AND ALL SOFTWARE (INCLUDING THIRD-PARTY SOFTWARE) AND STORAGE MEDIA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. NEITHER WE NOR OUR PARTNERS, PROVIDERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, ITS CONTENTS, ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE SERVICE, ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE, OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH THE SERVICE. WE AND OUR PARTNERS, PROVIDERS, AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUIET ENJOYMENT. NEITHER WE NOR OUR PARTNERS, PROVIDERS, OR AFFILIATES WARRANT THAT USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, NEITHER WE NOR OUR PARTNERS, PROVIDERS, OR AFFILIATES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, SECURITY, AVAILABILITY, INTEGRITY OR RELIABILITY OF ANY DATA OR INFORMATION OBTAINED THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

DISCLAIMER FOR ENHANCED TELECOMMUNICATIONS SERVICES BILLED DIRECTLY TO TELEPHONE BILLS.

BLUELIGHT INTERNET SERVICE CHARGES ARE CONSIDERED ENHANCED TELECOMMUNICATIONS SERVICES. WHEN YOU ELECT TO BILL ENHANCED TELECOMMUNICATIONS SERVICES ON YOUR TELEPHONE BILL, NEITHER YOUR LOCAL NOR LONG DISTANCE SERVICE CAN BE DISCONNECTED FOR FAILURE TO PAY THESE CHARGES. ENHANCED TELECOMMUNICATIONS SERVICE PROVIDERS MAY EMPLOY OTHER AGENCIES TO COLLECT DELINQUENT SERVICE CHARGES, EVEN IF IT HAS PREVIOUSLY ADJUSTED THEM FROM YOUR TELEPHONE BILL. IF YOU ARE IN THE STATE OF MINNESOTA YOU HAVE THE RIGHT TO DISPUTE ENHANCED TELECOMMUNICATION SERVICE CHARGES BILLED ON YOUR TELEPHONE BILL. AS A MINNESOTA TELEPHONE SERVICE SUBSCRIBER, YOU ARE NOT LEGALLY RESPONSIBLE FOR ENHANCED TELECOMMUNICATIONS SERVICE CHARGES INCURRED BY MINORS OR VULNERABLE ADULTS WITHOUT YOUR CONSENT.

THIRD-PARTY SOFTWARE
The storage media on which the Service software is provided may contain proprietary software of third parties in addition to the Service software. Any such software is provided to you by such third parties and not by us or our partners, providers or affiliates. The use of such software is subject to the terms and conditions of the user agreement for such software. As part of the Service, we may from time to time download software owned by us or third parties to your computer. Your use of the Service constitutes your consent to such downloads. As further provided in the preceding sections entitled "Limitation of Liability" and "Disclaimer of Warranties," neither we nor our partners, providers or affiliates bear any liability for damages resulting from any third-party software or make any warranty with regard to any third-party software. We retain the right to limit, restrict or require the use of third party software or services in connection with the Services.

TERMINATION
Either you or we may terminate your account at any time. This is your sole and exclusive remedy with respect to any dissatisfaction with the Service, the terms and conditions set forth in the TOU, Software License Agreement or ISP Privacy Policy (as may be updated from time to time). You may terminate your account by contacting BlueLight Internet Customer Support by phone at 1-800-522-0839. Your account termination will take effect within a reasonable amount of time. We reserve the right to restrict access to the Service to any user, and may at any time in our sole discretion with or without notice and with or without cause immediately deny access to the Service and may remove all account information, personal web pages, email boxes (including their contents), and any other Content.
We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) at any time with or without notice. You agree that we shall not be liable to you or to any third party for any modification or temporary suspension of the Service. If you don't agree to any modification to the Service, or to any of the terms in this TOU, your only remedy is to cancel your account and discontinue your use of the Service. If we permanently discontinue the entire Service for all users, we will refund to you the unused portion of your monthly fee, if any, and such partial refund will constitute our entire liability and your sole remedy for our discontinuation of the Service.

GENERAL
The TOU shall be governed by and construed in accordance with the laws of the state of California as it is applied to contracts entered into by residents of the state of California. You also consent to the exclusive jurisdiction of the state and federal courts in San Francisco County, California, and to the exercise of personal jurisdiction of the courts therein. If any provision(s) of the TOU is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with the other provisions remaining in full force and effect. Our failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. You and we agree that any cause of action arising out of or related to this TOU or the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this TOU are solely used for the convenience of the parties and have no legal or contractual significance. These terms and conditions (including the Software License Agreement and the BlueLight Internet Service Privacy Policy, each incorporated herein by reference) constitute the entire agreement between you and us with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party.

THE BLUELIGHT INTERNET SERVICE SOFTWARE LICENSE AGREEMENT

NETZERO IS WILLING TO LICENSE THE ISP SERVICE SOFTWARE AND DOCUMENTATION (COLLECTIVELY, THE "SOFTWARE") TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND ABIDE BY ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. YOUR CONTINUED USE OF THE SOFTWARE WILL CONSTITUE YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY OF THE TERMS OR CONDITIONS IN THIS AGREEMENT, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SOFTWARE.

1. LICENSE. You are permitted to use the Software solely on one computer at a time in machine-readable form, and solely for your own personal use. You may make a reasonable number of copies of the Software solely for backup or archival purposes, provided that you reproduce all copyright and other proprietary notices that are on the original copies of the Software.
2. RESTRICTIONS. You may not use, copy, modify, or transfer the Software, or any copy thereof, in whole or in part, except as expressly provided for in this Agreement. You may not reverse engineer, disassemble, decompile, or translate the Software, or otherwise attempt to derive the source code of the Software, except to the extent allowed under any applicable law. Any attempt to transfer the Software, or any of the rights, duties or obligations hereunder is void. You may not rent, lease, loan, resell, or distribute the Software, in whole or in part.
3. OWNERSHIP. The Software is licensed, not sold, to you for use only under the terms of this Agreement, and NetZero reserves all rights not expressly granted to you. You own the media, if any, on which the Software is recorded, but NetZero retains ownership of all copies of the Software itself.
4. TERM. This Agreement will terminate automatically if you materially breach any term or condition of this Agreement. You agree upon termination to promptly destroy the Software and all copies.
5. WARRANTY DISCLAIMER. THE SOFTWARE IS PROVIDED TO YOU ON AN "AS IS" BASIS. NETZERO AND ITS AFFILIATES, PARTNERS AND SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NETBRANDS OR ITS EMPLOYEES, PARTNERS, DISTRIBUTORS, DEALERS, OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.
6. LIMITATION OF REMEDIES. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL NETBRANDS OR ITS AFFILIATES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH, EVEN IF ANY OR ALL OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS(ES) OR DAMAGE(S) AND WHETHER OR NOT SUCH LOSS(ES) OR DAMAGE(S) ARE FORESEEABLE. IN NO EVENT SHALL NETBRANDS OR ITS SUPPLIERS' TOTAL LIABILITY TO YOU FOR ANY LOSSES OR DAMAGES EXCEED $1. Some jurisdictions do not allow the limitation of liability, so this limitation may not apply to you.
7. GOVERNMENT END USER RIGHTS. The Software is provided with restricted rights. RESTRICTED RIGHTS LEGEND The Software is a "commercial item" as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.
8. EXPORT LAW. The Software and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export or import as may be required. By using the Software, you agree to strictly comply with all of the United States and other applicable country laws and regulations when either exporting or re-exporting or importing this software or any underlying information or technology. Further, you acknowledge that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria or any other country that may from time to time be subject to U.S. Treasury Department embargo restrictions or a party that is listed in the U.S. Table of Denial Orders or U.S. Treasury Department's list of Specially Designated Nationals.
9. GENERAL. This Agreement will be governed by the laws of the State of California, excluding any principle or provision that would call for the application of the law of any state other than California. If any provision of this Agreement is held to be unenforceable, that provision will be removed and the remaining provisions will remain in full force. This Agreement is the complete and exclusive statement of the agreement between us which supersedes any proposal or prior agreement, oral or written, and any other communications between us in relation to the subject matter of this Agreement. If you have any questions concerning this Agreement, you may contact us by writing to NetZero, at 21302 Burbank Blvd., Woodland Hills, CA 91367. THE SOFTWARE IS PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATY. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.

BLUELIGHT INTERNET SERVICE PRIVACY POLICY

This privacy policy explains how NetZero collects, uses and discloses the information of users of the BlueLight Internet Services ("the ISP Services") which are administered by our partners and contractors.

IMPORTANT TERMS
When reviewing any privacy policy on the Internet, you should be familiar with the terms "personally identifiable information" and "aggregate information." "Personally identifiable information" is any information that can be used to identify, contact or locate you as an individual. Common examples are name and address.

"Aggregate information" lumps your behavior or characteristics together with those of a group. For instance, we may let advertisers know that 50% of our users are over 35 without disclosing the personal information of any one individual.

COLLECTION OF YOUR INFORMATION
This section explains what information we collect through ISP Services. Please note that we correlate and supplement this data with both aggregate and personally identifiable information gathered by other companies.

When you register for the ISP Services, we collect personally identifiable information including (but not limited to) your name, home address, shipping address, email address, telephone, number, birth date, gender, occupation, industry of employment, number of people in your household, the number of people in your household under 18, marital status, whether you own your residence, your current level of education, your household income, how you found out about our ISP services, whether you shop at Kmart, whether you are willing to make purchases over the Internet, your areas of interest, and whether you would like to be contacted in the future. We also collect personally identifiable information when you communicate with us by sending email messages or other correspondence, or when you submit online forms and other such items.

When you use the ISP Services we collect a variety of technical data, which we store in both aggregate and personally identifiable form. This data includes (but is not limited to) (a) the sites you visit (by URL, or Universal Resource Locator) while on the ISP Services, the interactions you have with those sites, and the taskbar advertisements on which you click, and (b) usage information such as the telephone numbers from which and to which you dial into our ISP Services (including unsuccessful dial-in attempts), the time you spend online and your IP Address.

The ISP Service may also use "cookies," which are small pieces of information stored on your computer, to identify you, that store your user name, password and to record your Web surfing habits and the advertisements upon which you click. Third parties, including advertisers with whom we may have a relationship, may also set cookies. Such third parties are responsible for placing and using such cookies and may collect information about you through such cookies; we do not have access to such cookies, control the use of such cookies nor control over the privacy policy of such parties. We may use an e-mail delivery and marketing company to send e-mails that you have agreed to receive. Pixel tags and cookies are used in those e-mail messages and on the Service to help us measure the effectiveness of our advertising and how visitors use the Service.

We collect your information (personally identifiable information, aggregated information, or both) through one or more of our ISP Service Partners' servers, and through cookies, banners, and the like. The information collected i.e., the taskbar portion of our ISP Services, includes (but is not limited to) the type of button displayed, the times the button was displayed and whether you clicked on the button.

As you use the ISP Services you will have access to millions of websites maintained by third parties with whom we have no relationship. These third parties may also collect aggregate and personally identifiable information about you through their websites, banner ads, forms, and other methods. Again, the information practices of those third parties are not covered by this privacy statement. NetZero has no control over and is not responsible for the practices or the conduct of these other companies.

We may gather new information or update existing information from other sources including, but not limited to, for example, verifying and updating your address using third-party services, using various methods to update your credit card expiration date or collecting or comparing information from our subsidiaries.

USING YOUR INFORMATION
This section describes how we use and disclose the information we collect. We use aggregate information about your behavior and equipment to improve the performance of our ISP Services. We may use personally identifiable information to store your account information and to record ISP session information.

We also use personally identifiable and aggregate information for a variety of marketing and promotional purposes. For instance, we use what we have learned about your preferences to help us or our business partners target advertising or product placements to your particular interests. Such customized advertisements may appear as part of the user interface of the ISP Service.

We do not intentionally share your personally identifiable information without your consent, except: (a) with our ISP Service Partners (including start page for the ISP Services); (b) with United Online and our other corporate affiliates, (c) with companies to whom we outsource certain functions of our Website and the ISP Services; (d) as required by law; (e) with another entity in connection with the sale of the assets related to the ISP service; and (f) as otherwise provided in this policy. If, during the registration process, you indicate a desire to receive special offers from third parties, we may make personally identifiable information, such as your email address or name and address, available to our carefully screened partners who wish to offer special products and services to you in accordance with their privacy policies. These partners may include direct marketing service providers. Though we are selective with whom we partner, we do not control the practices of these marketing partners. Notwithstanding, we do require that our marketing partners always give you an opportunity to "opt-out" from receiving further solicitations. We also may combine such personally identifiable information with publicly available information or with general demographic information that you submit as a part of the ISP registration process. In addition, if you indicate your desire to receive a particular service or information from another company (e.g., catalogs), NetZeros or it's ISP Service Partners will share your personally identifiable information with that particular company.

Please note that we share aggregate data about our customers with third parties. From time to time we will send you emails related to your ISP Services accounts. At various points during your registration for and use of the ISP Services, you are provided opportunities to indicate an interest in receiving email about special offers and other promotional information. If you do not wish to receive special offers and promotional information email from us, please let us know by un-checking the appropriate "email notification" request box. You may also opt out of this promotional email list after you have registered by contacting us (using the contact information below), or by following the "opt out" instructions that may be included in the emails you receive.

If you supply us with your postal address you may receive periodic mailings from us related to the BlueLight Internet Service website or your ISP Services account. We (or other organizations with whom we share your information) may also mail you information about new products and services or upcoming events. If you do not wish to receive such mailings from us, please let us know (using the contact information below); make sure to provide us with your exact name and address. We will be sure your name is removed from our mailing list.

If you supply us with your telephone numbers, you will only receive telephone contact from us regarding your BlueLight Internet Services accounts, or orders you have placed online. Except as specified above, we will not share your telephone number with other organizations.

Please note that the date of the most recent opt in/out request will supercede prior requests.

Upon your reasonable request via the contact information below (and subject to our security practices), we will provide you with access to your contact information (for example, name, address, phone number), financial information and unique identifier information (for example, customer number or password).

SECURITY
Any BlueLight Internet Services accounts you may have are password-protected. We recommend that you do not divulge your password to anyone. Neither NetZeros nor our ISP Service Partners will ever ask you for your password in an unsolicited phone call or in an unsolicited email.

We have instituted security measures in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you. In addition, we always use industry-standard encryption technologies when transferring and receiving customer data exchanged with our ISP Service. Please keep in mind, however, that no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit using our ISP Services, and you transmit such information at your own risk. The BlueLight Internet Service and NetZero further does not assume responsibility for use or disclosure of your information that are the result of unauthorized or illegal access to our systems or those of our vendors or partners.

CONTACT INFO
Inquiries and requests related to the BlueLight Internet Service should be sent by email to ispprivacy@bluelight.com. You can also reach us at our mailing address:

BlueLight Internet Service, c/o NetZero
2 Executive Drive, Suite 820
Fort Lee, NJ 07024

POLICY CHANGES
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If we make such a change, we will post a notice on the BlueLight Internet Service Website or the BlueLight Internet default page, or we will notify you by email or by a pop up browser window presented via the software before login, at which time you will be able to "opt out" of these new practices by contacting us (using the contact information above). If you are concerned about how your information is used, please check our Website periodically to review the current BlueLight Internet Service privacy policy.

BLUELIGHT COPYRIGHT POLICY
Termination of Subscriber Privileges for Infringement and Contact Information for Suspected Copyright Infringement

As described below, BlueLight Internet Service will terminate the account of any subscriber who uses his or her account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to BlueLight Internet Service and later confirmation through court order or an admission by the subscriber that an account has been an instrument of unlawful infringement, BlueLight Internet Service will terminate the infringing subscriber's account. BlueLight Internet Service may also in its sole discretion decide to terminate a subscriber's account privileges prior to that time if it has good faith belief that infringement has in fact occurred If you believe that your copyright has been infringed through the use of a BlueLight Internet Service account, please contact:

Anthony DeToro, Esq.c/o NetZero, Inc.
21301 Burbank Blvd.,
Woodland Hills, CA 91367