The Services, defined below in Section 1, are provided by DIWI and are conditioned upon and subject to your compliance with the terms of this Agreement.

1. Service

1.1. The Services include: Filtered Internet access; Electronic mail ("email") and up to ten (10) electronic mail addresses.

1.2. "You and Your" refer to the subscriber or any person or entity that otherwise lawfully uses the Services under the terms of this agreement.

1.3. Any means of identification assigned to you by DIWI  (including usernames and email addresses) may be altered or replaced at any time by DIWI  in its sole and unlimited discretion..

1.4. DIWI  makes no guarantees as to the continuous availability of the Services or any specific feature of the Services. DIWI  reserves the right to change the Services or any of its features at any time with or without notice.

1.5. You must log off if you are not using the Services for more than fifteen (15) minutes. Pinging servers, leaving chat rooms connected, running ICQ or using other means to simply maintain a connection is considered to be an abuse of the system and cause for immediate termination of an account and the Services provided hereunder. DIWI  reserves the right to close any such connection that is not in use for more than fifteen (15) minutes.

1.6. FILTER WARRANTIES: YOU ACKNOWLEDGE THAT DIWI's FILTERED INTERNET SERVICE, AND ALL OTHER SERVICES PROVIDED TO SUBSCRIBERS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, RESULT, OUTCOME, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. YOU ALSO ACKNOWLEDGE THAT DIWI HAS MADE NO REPRESENTATION, WARRANTY OR GUARANTY APPLICABLE TO ANY ASPECT OF DIWI  FILTERED INTERNET SERVICES OR ANY OTHER SERVICES OFFERED OR TO BE OFFERED TO USER SUBSCRIBERS, INCLUDING, BUT NOT LIMITED TO, THE ABILITY TO PRECLUDE ANY USER OR OTHER END-USER FROM ACCESSING ANY OR ALL WEB SITES THAT SUCH USER OR OTHER END-USER MIGHT FIND TO BE HARMFUL OR OFFENSIVE FOR ANY REASON. DIWI IS ALSO NOT RESPONSIBLE FOR ANY FAILURES OR PROBLEMS WITH THE SERVICES WHICH ARE THE RESULT OF YOUR OWN INCORRECT USE OF THE FILTERING SYSTEM OR OTHER TOOLS. DIWI WILL IN NO EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, EITHER DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME OR USE OF DATA. DIWI  IS ALSO IN NO WAY RESPONSIBLE FOR ANY DISRUPTIONS IN SERVICES REGARDLESS OF THE CAUSE.

YOU FURTHER ACKNOWLEDGE THAT YOU HAVE RELIED ON NO REPRESENTATION OR WARRANTY OF DIWI  IN ENTERING INTO THIS AGREEMENT. THIS PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

1.7. DIWI is a family-oriented Internet Service Provider which makes a reasonable effort to ensure that each user has the tools needed to help filter out unwanted Internet content from their homes. To this end, the blocked site list is updated periodically in an effort to stay current with changes occurring on the Internet. To help us, we ask that our users advise us of any website that they become aware of and which they find "offensive" while surfing the Internet with filters on. All such "offensive" sites submitted by users will be reviewed, and at the sole and unlimited discretion of DIWI, the site may or may not be added to the blocked site list.

2. Registration Requirements

2.1. Subscriber warrants and represents to DIWI that he/she is not a minor. By accepting this Agreement, you represent that you meet this age requirement. Minors who use the Services are assumed to have parental or guardian consent.

2.2. You agree to provide DIWI with accurate and complete billing information including your legal name, address, and telephone number. All changes to this information must be reported to DIWI Inc. within 30 days of the change.

2.3. By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you cancel the account as specified in Section 11.

3. Fees

3.1. Any setup fees are nonrefundable, and DIWI does not issue pro rata refunds for fees paid in advance.

3.2.Unlimited Internet access as defined in section 2 of the Acceptable Use Policy which is attached hereto and incorporated herein, is offered by DIWI subject to the following limitations:

3.3. LOCAL ACCESS DIALUP NUMBERS MAY NOT BE AVAILABLE IN ALL AREAS. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE IF USE OF A PARTICULAR DIWI  DIALUP NUMBER WILL CAUSE YOU TO INCUR LONG-DISTANCE, TOLL OR OTHER CHARGES. DIWI IS NOT RESPONSIBLE FOR ANY LONG-DISTANCE, TOLL OR OTHER CHARGES INCURRED BY YOU THROUGH YOUR USE OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL TELECOMMUNICATIONS CHARGES INCLUDING BUT NOT LIMITED TO LOCAL AND LONG-DISTANCE TELEPHONE CHARGES FOR CONNECTION TO THE SERVICES BY YOU AND BY THOSE WHO ACCESS THE SERVICES THROUGH YOUR ACCOUNT.

3.4. Current rates for DIWI services are posted on DIWI's web site located at "www.DIWI.net". These rates may also be obtained by calling 678-838-7343. DIWI reserves the right to change rates and institute new fees at its sole discretion. DIWI may change rates or institute new charges at any time upon 30 days prior notice. DIWI does not issue pro rata fee refunds.

3.5. Payments for all charges are due within one month from the day in which the bill is issued. If a bill is issued on the last day of a particular month, then payment will be due on the last day of the following month. If your account is delinquent, your account and your access to the Services may be suspended or canceled at DIWI sole discretion. If your account incurs charges which are denied by your financial institution or credit card company, DIWI reserves the right to re-bill for those charges, regardless of your account status. If your account is suspended, regular charges continue to accrue until you cancel your account. DIWI may, at its sole discretion, charge a fee of $9.95 to reinstate a suspended account.

3.6. Interest charges of 1% per month (or the highest rate permitted by law if lower than 1% per month) will accrue daily on any unpaid balance that is more than 30 days past due.

3.7. You agree to pay all sales and use taxes, duties, or levies which are required by law as well as all reasonable attorney’s and collection fees arising from efforts to collect any unpaid balance on your account.

3.8. If you believe that DIWI has billed you in error, you must contact the Customer Service Department (per Section 11) within 60 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges which are more than 60 days old.

4. Use of the Service

4.1. You and any members of your household are the only individuals who are authorized to access the Services through your DIWI account. You must not permit anyone else to access the Services through your account and you must ensure that all authorized users of your account comply with this Agreement. In addition, there may not be any simultaneous usage of your account or username from two or more computer systems.

4.2. You are responsible for maintaining the confidentiality of passwords used by you or members of your household. This includes, but is not limited to, the username and password used to access the USER CONTROL PANEL on the DIWI website.

4.3. You are responsible for all charges assessed as a result of use of your account. However, DIWI will not hold you responsible for charges attributable to an unauthorized user's access to your account without your permission, provided that you notify DIWI within 24 hours of discovering any such unauthorized use and the unauthorized use is not attributable to the failure of any authorized user to exercise reasonable efforts and care to maintain the confidentiality of the account or password.

4.4. Except for software provided by DIWI , you are responsible for providing and maintaining all equipment and other software necessary to access and utilize the Services.

4.5. You will not use the Services or permit others to use the Services through your account in any way that violates any law or regulation, or subjects DIWI to liability, or is in violation of any of the terms and conditions of this Agreement. You agree to comply with all DIWI security procedures and standards and to be bound by the terms and conditions of the End User License Agreement for any software provided to you.

4.6. Email Policies: DIWI provides you with access to the Internet. Generally, the Internet consists of the following areas available through DIWI: Email, News Groups, Gopher and FTP, and the World Wide Web. The Internet is not owned, or operated by, or in any way affiliated with DIWI or any of its affiliates; it is a separate, independent global network of computers and is not part of DIWI Your use of the Internet is solely at your own risk. When using the Internet and all of its components, you must conduct yourself responsibly according to the Internet's own particular code of conduct. Utilizing the Internet properly and effectively generally requires simple common sense. While DIWI certainly cannot and does not control the Internet or any of its content, your conduct on the Internet when using your DIWI account is subject to the DIWI rules. Because DIWI wants to be a good Internet citizen, it prohibits Members/Subscribers from engaging in certain conduct on the Internet through or by means of DIWI including the following:

4.6.1 Advertising, Solicitation and Name Harvesting. You may not use DIWI to send unsolicited advertising (also known as, "SPAM" or "Junk Email"), promotional material, or other forms of solicitation to any Internet user except in those specified areas that are designated for such a purpose (e.g., the classified area) unless you receive the express permission of the recipient. You may not use DIWI to collect or harvest screen names of any Internet user without the express prior permission of the user. DIWI reserves the right to block or filter mass email solicitations on or through DIWI (mass email is defined as sending more than 60 per hour). DIWI RESERVES THE RIGHT TO TERMINATE, WITHOUT NOTICE, THE ACCOUNT OF ANYONE WHO VIOLATES THIS POLICY. The following procedure will be followed when DIWI receives notification as to the violation of this policy:

a. Upon the first violation, the offender will be immediately suspended without notice. In addition, these activities can consume large amounts of disk space on our system as well as systems of recipients and can cause disruption of mail or news service. Such activities also consume bandwidth on our network connections, slowing legitimate users unnecessarily. They also generate additional administrative work to investigate and respond to complaints from other net users. As a result, to cover additional costs of labor and system resources, YOUR ACCOUNT WILL BE FINED $75 PER OCCURRENCE. In order to unsuspend your account, you must send documentation via U.S. mail to 
Digital Imaging, Webbing & Internet
8491 Hospital Dr. #246
Douglasville, GA 30134
This documentation must state the following:

• An acknowledgment that the policy was violated.
• An assurance that you will not violate any of the use policies in the future.
• An acknowledgment that if you do violate any of the use policies again, DIWI will terminate your account without notice.
• Consent for DIWI to post and publish your statement and commitments on net-abuse newsgroups.

b. Upon the second offense, your account will be FINED $450.00 AND YOUR ACCOUNT WILL BE TERMINATED WITHOUT FURTHER NOTICE.

4.6.2. Harassment. When a Member/Subscriber targets another individual or entity to cause distress, embarrassment, unwanted attention, or other discomfort, this is harassment. DIWI does not condone harassment in any form and may suspend or terminate the accounts of any Member/Subscriber who harasses others. You may have a disagreement with someone’s point of view, but personal attacks, or attacks based on a person's race, national origin, ethnicity, religion, gender, sexual orientation, disablement or other such affiliation, are prohibited. If you have a disagreement with someone's point of view, address the subject, not the person.

4.6.3. Graphic Files. DIWI prohibits the transfer or posting on DIWI of sexually explicit images or other content deemed offensive by DIWI, DIWI reserves the right to remove such posted content.

4.6.4. Chain Letters and Pyramid Schemes. Transmissions of chain letters and pyramid schemes of any kind are not allowed on DIWI and are inappropriate on the Internet. This material places an unnecessary load on our electronic mail ("email") system and is considered a nuisance by most Members/Subscribers. Certain chain letters and pyramid schemes are illegal. Letters or messages that offer a product or service based on the structure of a chain letter are also of questionable legality. At minimum, they are a waste of resources and are not permitted on DIWI, Posting a chain letter to an Internet newsgroup (or via email on the Internet) may result in your DIWI account being terminated.

4.6.5. Commercial Communication. The vast majority of newsgroups and mailing lists on the Internet are not commercial in nature and participants in such groups may object strongly to commercial postings, solicitations, or advertisements.

4.6.6. Other Inappropriate Posts. Each newsgroup and mailing list on the Internet focuses on a particular set of topics, and posts not related to these topics are not welcomed by the participants. We suggest that all Members/Subscribers become familiar with the guidelines, themes, and culture of the specific newsgroups and mailing list in which they wish to participate. Posting or distributing inappropriate material on the Internet (i.e. spamming, mail bombing, or junk emailing) may result in suspension or termination of your DIWI Account.

4.6.7. Copyright and Proprietary Materials. Transmitting through the Internet material of any kind which is subject to the copyright or other rights of any person or entity without the express permission of the rights holder is prohibited and will result in termination of your Membership/Subscribership and possible civil and/or criminal liability. DIWI reserves the right to prohibit conduct, communication, or content on DIWI which it deems in its discretion to be harmful to any Member/Subscriber, the communities which comprise DIWI, and third-parties' rights, or to violate applicable law. Notwithstanding the foregoing, you understand and agree that neither DIWI nor its Information Providers have the practical ability to restrict conduct, communication or content which might violate the DIWI rules prior to transmission on DIWI, nor can they ensure prompt editing or removal of actually or potentially violating content after online posting. Accordingly, you acknowledge and agree that neither DIWI nor any Information Provider shall assume or have any liability for any action or inaction by DIWI or any ICP (Internet Content Provider) with respect to conduct, communication or content on DIWI

5. Monitoring the Services; Disclosure of Member Information

DIWI has no obligation to monitor the Services but may do so and may disclose information regarding your use of the Services to satisfy laws, regulations or governmental requests or to operate the Services properly and to protect itself and its members. However, DIWI will not disclose member information to outside persons or entities for the purpose of soliciting DIWI members. DIWI IN ITS SOLE DISCRETION, MAY REMOVE OR REFUSE TO POST ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, WHICH ARE UNACCEPTABLE, UNDESIRABLE OR IN VIOLATION OF THIS AGREEMENT.

6. No Warranties Provided by DIWI

6.1. Except for certain products and services specifically identified as being offered by DIWI, DIWI does not control any information, products or services on the Internet and except for such DIWI-identified content, all merchandise, information and services offered, made available, or accessible on the Internet are by third parties who are not affiliated with DIWI.

6.2. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET BY YOURSELF AND YOUR AUTHORIZED USERS. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DIWI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. DIWI MAKES NO EXPRESSED OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH DIWI OR ON THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY DIWI, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY.

6.3. DIWI SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.

6.4. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU OR OTHERS ACCESSING THE SERVICE THROUGH YOUR ACCOUNT. YOU ACCESS SUCH MATERIALS AND PERMIT OTHERS TO ACCESS SUCH MATERIALS THROUGH YOUR ACCOUNT AT YOUR OWN RISK. DIWI HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS.

7. Your Remedies

7.1. If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your account by one of the methods outlined in Section 11.

7.2. UNDER NO CIRCUMSTANCES SHALL DIWI, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM ANY: USE OF YOUR ACCOUNT OR THE SERVICE OR YOUR INABILITY TO USE THE SERVICE; ACCESS OF THE INTERNET OR ANY PART THEREOF; OR, YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.

8. Indemnity

You agree to defend, indemnify, and hold DIWI and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by you or those who access the Service through your account; AND, the use of the Service or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.

9. Term of Agreement

This Agreement is effective from your acceptance thereof, which is indicated establishment of your account. If you are a current DIWI member when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement.

10. Termination of Agreement

10.1. You may terminate this Agreement by using only the methods outlined in Section 11. Your termination will only be complete upon your receipt of a confirmation number from DIWI Charges to your account will stop accruing the day you receive your confirmation number. DIWI does not issue pro rata fee refunds.

10.2. DIWI may terminate this Agreement: at any time without cause upon 30 days prior notice; or, immediately if you or any person who has access to the Service through your account, commit a material breach of this Agreement, including but not limited to a breach of any obligation imposed under Section 4 or you fail to pay any charges within 60 days of the date they accrue.

10.3. Upon termination of this Agreement all rights granted to you and your authorized users under this Agreement shall immediately cease and terminate.

10.4. Termination of this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.

10.5. DIWI 's right to enforce the provisions of Sections 3, 5, 6, 7, 8, 11, and 12 shall survive termination of this Agreement.

11. Notice

11.1. You may cancel your DIWI account by contacting Customer Support at 770-529-6679.

11.2. DIWI may provide notice to you by the following methods: Electronic mail (email) addressed to your email account; general posting to DIWI 's web site at http://www.diwi.net ; or by US Mail or courier service at the address you provided DIWI when you registered for the service. All notices or other communications to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or posting or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.

12. Miscellaneous

12.1. DIWI 's failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.

12.2. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, United States of America, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

12.3. Any action at law, suit in equity, or other judicial proceeding concerning, relating to, arising from, or touching upon in any way, no matter how remotely, the contract for services between you and DIWI and/or your use of and/or DIWI's provision of systems and services thereunder, shall be brought and litigated, if at all, only in the state or federal court system of the State of Georgia. In such event, you acknowledge the right of the specified court to assert personal jurisdiction in any such action over you and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.

12.4. Neither this Agreement, nor any of your rights or obligations arising hereunder, shall be transferable by you to any third party without DIWI's prior written consent.

12.5. This Agreement, the Posted Rate Chart on the DIWI website, the Acceptable Use Policy, and the End-User License Agreement are all attached hereto and constitute the entire agreement between you and DIWI with respect to the Services.

12.6. DIWI reserves the right to alter, amend or modify this Agreement at any time.