TERMS AND CONDITIONS OF USE FOR PC PURSUIT(R) ACCESS SERVICE These terms and conditions govern your use of Sprint's PC Pursuit(R) access service: 1. PC PURSUIT (A) The PC Pursuit(R) access service allows you to use Sprint's Public Data Network (PDN) 24 hours a day to access any domestic database, bulletin board system or other online computer system which is accessible via the PC Pursuit network, and as listed on the Schedule titled Current Access Codes. (B) The PC Pursuit Network includes those Hosts, "Outdial Cities" (as listed on the Schedule titled Current Access Codes) and supported local exchanges. The Netline Exchange provides a listing of the local exchanges supported out of each "Outdial City" and is updated from time to time. (C) You agree to access and use these databases, bulletin boards and other online systems only in the manner permitted by them. (D) Sprint is not liable or responsible for any claim or other action against you by a third party, including owners of online computer systems that you are not authorized to access or other action taken against Sprint by a third party based on your unauthorized use of or access to any database or bulletin board. 2. COST OF PC PURSUIT ACCESS SERVICES (A) There is a one-time registration fee and a fixed monthly membership fee based on the membership selected (please refer to the current PC Pursuit Rate Schedule) for PC Pursuit(R) access service billed when Sprint receives and processes your order for the service. You will be billed on a prorated basis for the monthly membership fee for the month in which your order is accepted and for each month that you have PC Pursuit(R) access service. An individual may not hold more than one membership. (B) The monthly membership fee entitles you to use PC Pursuit(R) access services, not to exceed the membership limit, between the hours of 6:00 P.M. and 7:00 A.M., prevailing local time, determined by the location of the Sprint access centers used to access the networks, Monday through Thursday, and from 6:00 P.M. Friday to 7:00 A.M. Monday, and all day New Year's Day, July 4th, Labor Day, Thanksgiving and Christmas Day. The prevailing local time designated above may not be the same as that in which the caller is located. Non-prime time charges will apply for usage at the cost indicated on the PC Pursuit Rate Schedule. Usage is rounded to the nearest minute for purposes of calculating the total usage on each connection. (C) Non-prime usage exceeding the hours associated with the membership selected by the user and prime-time PC Pursuit usage between 7:00 A.M. and 6:00 P.M., prevailing local time, Monday through Friday, will be billed at the rates indicated on the PC Pursuit Rate Schedule. (D) There will be a fee for issuing a new ID/password, to replace your original one. (E) The registration fee and monthly membership fees will be billed according to the payment option selected at the time of registration provided to you by Sprint when you signed up for PC Pursuit. Your use of PC Pursuit is subject to approval of the payment option selected. (F) There may be charges to you for the use of the online computer systems to which you gain access through PC Pursuit. These charges, if any, will be billed to you by those operating the online computer systems and not by Sprint. 3. HARDWARE To use PC Pursuit, you must have a modem and either a computer or a terminal. You are responsible for obtaining and maintaining the appropriate equipment. Sprint is not responsible for the proper functioning of your equipment. 4. TERM OF AGREEMENT This Agreement will be effective from the date you are assigned an ID/password by Sprint. Either party may cancel the use of PC Pursuit service and terminate this Agreement by giving the other party thirty (30) days written notice as described in Section 8.(F) or you may cancel by calling the number listed in Section 8.(G). 5. TERMINATION Sprint shall have the right to terminate your use of PC Pursuit immediately and without notice to you in the event: (A) Sprint has been notified that your credit card has been suspended or revoked; (B) you have used or your PC Pursuit account has been used in a fashion injurious to other PC Pursuit or Sprint customers, to violate any of Sprint's Rules and Regulations, or in violation of any of the terms and conditions of this Agreement; (C) you have attempted or your PC Pursuit account has been used to attempt to access or has accessed an address or exchange which is outside of the PC Pursuit Network; (D) you have assigned or transferred your ID/password to another; (E) you have loaned the use of the ID/password to another, unless that user is qualified under the membership plan selected; (F) you have resold or attempted to resell or further distribute PC Pursuit access services without written authorization from Sprint. 6. USE OF PC PURSUIT(R) ACCESS SERVICE (A) You are responsible for all charges to your account, including charges incurred by authorized users or third parties who have gained unauthorized access to your ID/password. Sprint will change your ID/password immediately upon receipt of notification of unauthorized use. (B) PC Pursuit access services are furnished to you under the condition that you will not abuse them or fraudulently use them. Such use of the service, to be determined in Sprint's sole discretion, constitutes a violation subject to the termination rights set forth in paragraph 5. of this Agreement. (C) The services furnished under this agreement shall not be used in any way which would be a violation of any law or which would assist anyone in the violation of any law. (D) All inquiries with regard to service malfunction shall be via the Netline Exchange bulletin board which is routinely reviewed by PC Pursuit product management. Response to such inquiries shall be provided through the bulletin board as soon as reasonably possible. 7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES; INDEMNIFICATION (A) Sprint makes no warranties of any nature or kind, whether express or implied for the service provided by Sprint or its equipment, facilities or capacities. TELENET SPECIFICALLY DISCLAIMS ANY WARRANTY WITH REGARD TO THE AVAILABILITY OF PC PURSUIT(R) ACCESS SERVICE. Sprint is not responsible for the inability to access the service at any time. Sprint shall not be responsible for any damage you suffer, whether it is direct, incidental or consequential, and whether it is caused by mistake, omission, interruption, deletion of files, errors, defects, delays in operation or transmission, failure of performance, negligence or otherwise. (B) You agree to indemnify and hold Sprint harmless against any claim arising from the use of your ID/password which causes damage to any other party. (C) The information appearing in the bulletin boards, data bases and other online computer systems are provided by persons who are not affiliated with Sprint. You use this information at your own risk. If you provide information for others, you agree to indemnify and hold Sprint harmless from all claims with respect to the information provided. Sprint reserves the right to prohibit access to any bulletin board. (D) Sprint's liability for damages to you under this agreement shall be limited to the total monthly charges paid by you for the six months following the date the damages were incurred. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, FOR THE PC PURSUIT(R) ACCESS SERVICE. 8. OTHER PROVISIONS (A) Sprint is not responsible for any loss, including loss of data resulting from delays or interruption, due to mechanical or communications defects or outages, or trouble due to fires, storms, floods, strikes or other labor interruptions, acts of God, power shortages or outages. (B) If any part of this agreement is held by a court to be unenforceable for any reason, the remaining parts of this Agreement will remain in full force and effect. (C) This Agreement contains the entire agreement between you and Sprint relating to the use of PC Pursuit. (D) Sprint reserves the right to change the terms and conditions of this Agreement, including pricing changes and any sales and use taxes, duties, or levies imposed by any authority, government or government agency in connection with the usse of PC Pursuit, on thirty (30) days' written notice. (E) This Agreement will be governed by the laws of the Commonwealth of Virginia. (F) All notices pertaining to this Agreement and your use of PC Pursuit must be in writing and must be sent, postage prepaid, to the following address: Sprint 12490 Sunrise Valley Drive Reston, Virginia 22096 Attention: Product Marketing VARESA0112 (G) Questions regarding PC Pursuit service registration can be directed to Telemarketing at: 1-800-736-1130 Effective March 25, 1992 and supersedes all other versions of this agreement