The Only ISP that helps defend your rights to hunt, fish, and own a gun!
TERMS OF USE

Outdoors Unlimited, Inc. (referred to as "Outdoors Unlimited" or "We") provides to you, the subscribing end user (referred to as "End User", "you" or "your" herein), internet dial-up access, e-mail and personal web page services (collectively the "Service") as set fourth on the application, subject to End User's compliance with the terms and conditions below (the "Agreement").

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. THE END USER IS AUTHORIZED TO ACCESS AND USE THIS SERVICE WHEN YOU HAVE COMPLETED THE REGISTRATION INFORMATION AND INDICATED YOUR AGREEMENT WITH THE TERMS AND CONDITIONS OF THE SERVICE BY CLICKING "AGREE". YOU ACKNOWLEDGE YOU HAVE READ THIS AGREEMENT AND AGREE THIS TO BE THE EQUIVALENT OF YOUR SIGNATURE ON A WRITTEN CONTRACT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS OF SERVICE, YOU MAY CLICK ON THE "CANCEL" BUTTON PROVIDED FOR HEREIN. THESE TERMS AND CONDITIONS MAY BE AMENDED FROM TIME TO TIME AT OUTDOORS UNLIMITED'S SOLE DISCRETION.

1. ACCESS AND USE RESTRICTIONS

End User understands and agrees that access and use of the Service is subject to the following restrictions and limitations:

(a) Service may be interrupted due to factors outside of Outdoors Unlimited's reasonable control, including but not limited to, any acts of God, labor troubles, strikes, lockouts, severe weather, power failures, technical failures, delay or default of utilities or any communication company, activity on the Internet or accidents.

(b) Session Limits: Session disconnects will occur as follows:
(i) after 15 minutes of inactivity; and
(ii) after 3 hours of usage per session.

(c) Upon any of the above disconnection(s), an End User must re-initialize the session by re-dialing and logging into the system. Duplicate Logins: Simultaneous user logins are not allowed.

(d) Storage and Accounts: Each End User account may have an e-mail box with up to 7 megabytes of e-mail disk storage capacity and further one web page directory with up to 5 megabytes storage capacity. Personal Web Page bandwidth is limited to 800MB/month, and may be suspended upon exceeding this limit. Personal Web Pages are for personal or small business use as determined at the sole discretion of Outdoors Unlimited.

2. AT WILL AGREEMENT

This agreement is effective upon registration by End User and will remain in effect on a month-to-month billing basis until terminated by either party, as provided for herein. You may terminate the agreement and your subscription of the service at any time with at least 3 business days notice prior to the anniversary date of your monthly billing by using the "Cancellation of Services" page or by calling customer service. Outdoors Unlimited will initiate a "closing transaction" which will charge the outstanding balance of the service. If the cancellation of service notice is given past the anniversary date, you will be billed for service until the next monthly anniversary date. End User may use the service until that anniversary date when the normal closing transaction will be processed. Outdoors Unlimited may terminate this agreement at any time for any reason by providing you advance notice by e-mail, or regular mail of it's intention to terminate before the next anniversary date of your monthly billing. In addition to termination by advance notice, Outdoors Unlimited by and through it's designated Network Service Provider may immediately restrict, suspend or terminate without notice your access and use of the service upon any breach of this agreement, including the then- current Acceptable Use Policy.

3. ACCEPTABLE USE POLICY

End User agrees to abide by the Acceptable Use Policy (and as modified from time to time) which sets fourth guidelines and specifies the actions prohibited by Outdoors Unlimited and it's Network Provider of the service. Outdoors Unlimited reserves the right to modify this policy upon 3 days notice by posting the changes and modifications to the Member Care Center Web Page. Outdoors Unlimited and the Network Service Provider do not monitor, verify, warrant, or validate the integrity, accuracy or quality of information or data the Network Service Provider receives or transmits. Accordingly, neither Outdoors Unlimited nor the Network Service Provider controls nor accepts responsibility for the content of any communications transmitted or made available to End Users. Network Service Provider is vested with the absolute and unqualified right and discretion to restrict, suspend or terminate service, with or without notice, of end User upon any breach of this agreement, including the reasonable belief that a violation of the then-current Acceptable Use Policy has or is threatened to occur.

(a) Lawful Use
The service may be used only strictly in accordance with all federal, state and local laws, ordinances and regulations, and includes without limitation, material protected by copyright, trademark, trade, secret or other intellectual property right, material that is obscene or constitutes child pornography, material that is libelous, defamatory, hateful, or constitutes an illegal threat or abuse, material that violates export control laws or regulations, and material that encourages conduct that would constitute a criminal offense or give rise to civil liability.

(b) Privacy
End Users must respect the privacy of others. By way of illustration, End Users shall not intentionally seek information on, obtain copies of, or modify files, other data, or passwords belonging to others, or represent themselves as another End User unless explicitly authorized to do so by that End User.

(c) Network Integrity
End Users must respect the integrity of computing and network systems. Examples of prohibited uses include, without limitation:
(i) Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network, to breach security or authentication measures. Unauthorized monitoring of data or traffic on any network or system.
(ii) Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks; and
(iii) Modification of IP packet contents in a malicious manner or forging of any TCP-IP packet header or any part of the header information in an email, chat room or a newsgroup posting.

(d) Email
Unsolicited advertising is prohibited. Other prohibited activities include:
(i) Sending unsolicited bulk e-mail
(ii) Using another site's mail server to relay mail without the express permission of the site, and
(iii) Repeated unsolicited and/or unwanted communication of an intrusive nature.

(e) Shared Environment
Use of the network or any attached network in a manner that precludes or significantly hampers it's use by others is not allowed. Connections which create routing patterns that are inconsistent with the effective and shared use of the network may not be established. The use of the network shall be consistent with accepted community standards for moral and ethical conducts as well as any other accepted community standards. Malicious and/or reckless uses are not acceptable.

4. GRANT OF LICENSE

You are granted a nonexclusive, nontransferable license to access and use the Outdoors Unlimited Internet Service under the terms and conditions set fourth in this agreement. You do not obtain title to or any ownership or proprietary rights in any software by virtue of this agreement.

5. WARRANTY DISCLAIMER

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ORAL ADVICE OR INFORMATION GIVEN BY OUTDOORS UNLIMITED, NETWORK PROVIDER OR AFFILIATES, LICENSORS, AND CONTRACTORS OF EITHER OR THEIR RESPECTIVE EMPLOYEES AND AGENTS SHALL CREATE A WARRANTY. NEITHER OUTDOORS UNLIMITED NOR NETWORK PROVIDER, OR AFFILIATES, LICENSORS, CONTRACTORS OF EITHER OR THEIR RESPECTIVE EMPLOYEES AND AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

6. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL OUTDOORS UNLIMITED OR NETWORK SERVICE PROVIDER, INCLUDING THEIR RESPECTIVE AFFILIATES, LICENSORS, CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, THAT RESULT IN ANY WAY FROM END USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR END USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTION, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF END USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT VISION UNLIMITED IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, OUTDOORS UNLIMITED, IT'S AFFILIATES, LICENSORS, CONTRACTORS, AGENTS OR THEIR RESPECTIVE EMPLOYEES' LIABILITY SHALL BE LIMITED TO THE UNUSED PORTION OF ANY PREPAID FEES FOR THE CURRENT MONTH AND ANY FUTURE MONTHS, LESS ANY BALANCES OTHERWISE DUE. THIS IS END USER'S SOLE AND EXCLUSIVE REMEDY.

7. INDEMNIFICATION

End User agrees to indemnify, defend and hold Outdoors Unlimited, it's affiliates, licensors, contractors or their respective employees and agents harmless from any and all liability, loss, claim and expense, including attorney's fees and expenses, related to End User's violation of this agreement or use of the service.

8. NO CONFIDENTIALITY

Information transmitted through the service is not confidential. Outdoors Unlimited can not and does not guarantee privacy or protection of any End User. Outdoors Unlimited, it's affiliates, contractors and licensors reserve the right to monitor any End User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of Outdoors Unlimited, it's affiliates, contractors and licensors.

9. FAILURE TO COMPLY WITH TERMS AND CONDITIONS
Outdoors Unlimited may take any of a variety of actions, including but not limited to, removing information that violates it's policies, and/or restricting, suspending or terminating access to the service to any End User who engages in any conduct or activates that Outdoors Unlimited in its sole discretion believes violates any terms and conditions herein.

10. MISCELLANEOUS
This agreement may not be assigned by you, in whole or in part, without the prior written consent of Outdoors Unlimited. Any assignment in violation of the foregoing shall be deemed void. This agreement shall be binding upon and shall inure to the benefit of each of the parties hereto and their successors and permitted assigns. If any provision of this agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality or enforceability of the remainder of this agreement shall not be effected or impaired thereby. Failure by Outdoors Unlimited to insist upon performance of any provision of this agreement at any time shall not represent a waiver by Outdoors Unlimited of it's right to insist upon or seek enforcement of the same provision or any other provision hereof at any subsequent time. This agreement and any transactions between you and Outdoors Unlimited hereunder shall be governed by, construed and interpreted in accordance with the laws of the State of Ohio.

11. SERVICE FEES AND PAYMENT

The service is only sold in full month increments; charges for unused time and setup fees will not be refunded or pro-rated. End User's first monthly billing will occur at the time of registration; thereafter, monthly billings will occur on that anniversary date. End User is responsible for ensuring that Outdoors Unlimited (or its billing agent) is able to successfully charge account and that all information provided regarding the account remains current and accurate. If Outdoors Unlimited (or its billing agent) is unable to successfully charge End User's credit card, service will be immediately deactivated. It is the End User's responsibility to call customer service to provide valid credit card information in order to reactivate service. Deactivated accounts will be deleted after 30 days. To use the service after account deletion, End User will be required to re-register and provide valid credit card information.

Outdoors Unlimited will make best efforts to notify End User in advance of credit card expiration date to prevent an interruption in service. Nevertheless, it is ultimately the End User's responsibility to ensure that valid credit card information is on file. Credit card transactions that fail due to credit card expiration will result in immediate service deactivation. End User must call customer service and provide valid credit card information to reactivate service. Accounts that are not reactivated within 30 days will be deleted. In order to use the service after that time, End User must re-register and provide valid credit card information.

Monthly fees for service are subject to change at any time on 30 days' advance notice to End User.

Credit Card Billing
Outdoors Unlimited (or an authorized billing agent) will bill End User's credit card account in the amount of $19.95 USD for service each month , plus applicable taxes or levies, if any, as required by law. There is a one time activation fee of $9.95. This will be charged when the CD is mailed or when you created the account through the Online Download Process.

If you do not have a credit card or debit card, you may pay for it with a check for the service for six or twleve months. The first six months would be $129.65 which includes the activation fee. Twelve months comes to $239.40 and has not activation fee. You can contact us at 877-922-4868 for this.

Liability for use of the account
End User is responsible for all charges incurred by the use of the login name assigned to you and the password that you have selected. If you lose your password you must contact Outdoors Unlimited Technical Support by calling: 877-922-4868. You will have responsibility for any charges incurred including any long distance phone charges while accessing the network.

Outdoors Unlimited reserves the right to impose hourly usage limitations.