PLEASE READ THE FOLLOWING. BY SUBSCRIBING TO THE SERVICES OF ANDRUSS COMPUTER SERVICES, INC., DOING BUSINESS AS INTERNET 680 NNETWORK COMMUNICATIONS ("I680N") YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with the terms and conditions of this Agreement, click "Back" on this page and do not subscribe to I680N's services.

This Subscriber Terms of Service Agreement ("Agreement"), including the Acceptable Use Policy and the Privacy Policy, contains the complete and entire terms and conditions that apply to your use of I680N's services. I680N may modify the terms of this Agreement at its sole discretion upon thirty (30) days' notice to you. Your continued use of the Services after the effective date of such notice constitutes acceptance by you of such modifications. If you do not agree to such modifications, your only remedy is to cancel your subscription to the I680N services and terminate this Agreement.

1. Subscription and Pricing

At the time of initial registration, you will select from the available services the service plan(s) to which you wish to subscribe ("Services"). All subscriptions to Services are subject to acceptance by I680N. Your subscription to the Services will be deemed accepted by I680N when I680N delivers a confirmation of the subscription to you. I680N reserves the right to refuse to provide any service for any reason. I680N also reserves the right to interrupt access to the Services to perform regular and emergency maintenance as needed.

The pricing for the Services ("Fees") shall be I680N's then current pricing for such Services. After I680N's acceptance of your subscription to the Services, I680N will electronically deliver to you a schedule of the Fees.

I680N offers various levels of service to customers, each having a different pricing structure and terms of use. If I680N determines, in its sole discretion, that a customer is using the service in violation of the restrictions placed on that level of service, I680N reserves the right to charge the customer the difference between the price originally paid by the customer and the actual rate I680N charges for the service level that corresponds to the customer's actual usage. Such charge will be made retroactive to the date I680N first learns of the customer's excess usage.

I680N offers the following 30-day money-back guarantee for its services. If you are not completely satisfied with the Services within the first 30 days of service, you may cancel this Agreement by providing written notice of your dissatisfaction to I680N. In such case you will receive a full refund of any Fees paid pursuant to this Agreement, less any setup fees. Any claim related to your dissatisfaction of the Services must be raised within the initial 30 days of service. After the initial 30 days, all Fees paid are nonrefundable except as expressly provided in this Agreement.

I680N reserves the right to modify the Services and the Fees at its sole discretion upon thirty (30) days' notice to you. If you find any such modification unacceptable, you may terminate this Agreement in accordance with Section 9. Your continued use of the Services after the effective date of such modification constitutes your acceptance of such modification

2. Payment

I680N asks that you provide us with your credit card information as you register for the Services, and all Fees will be charged to the credit card number you provide. You hereby authorize I680N to charge all Fees to the credit card number you provide. If I680N does not receive payment for the Fees from the card issuer, you agree to pay I680N all amounts due upon demand. I680N may take commercially reasonable actions to validate your credit card.

While I680N prefers credit card payments, we also accept payment by check or money order. The advantages of credit card payment include starting the account setup and activation process immediately and having I680N automatically charge the monthly fees to your credit card (unless you notify us you prefer to make each monthly payment). In cases of payment by check or money order, I680N will not begin the account activation and setup process until the funds clear.

The initial payment of the Fees is due upon registration to the Services. If I680N does not accept your subscription to the Services, such initial payment will be refunded to you in full. All subsequent payments of the Fees are due on the monthly anniversary of your registration date.

For any overdue amount of Fees, I680N will charge you interest at one and one-half percent (1.5%) per month or the highest rate allowed by applicable law, whichever is lower. If payment of the Fees is not received within fifteen (15) days of the due date, I680N may withhold or suspend Services and may terminate this Agreement at its sole discretion. Suspension or termination of Services does not relieve you from your obligation to pay all payable, due and past due Fees.

You agree to pay any taxes, including personal property taxes or sales taxes, resulting from your use of the Services. If I680N should receive less than full payment of the Fees due to taxes, bank charges, transfer fees, or the like, I680N will invoice you for the difference between payment received and the Fees due.

You agree to pay all attorney and collection fees arising from our efforts to collect any past due Fees from you to the extent allowed by law.

3. Rules and Regulations Regarding Your Conduct

In using the Services, you agree to comply with I680N's Acceptable Use Policy, as modified by I680N from time to time. The current Acceptable Use Policy is posted on the I680N website. I680N reserves the right to modify the Acceptable Use Policy at any time by posting the modified policy on its website.

When you register for the Services, I680N will provide you with a user ID and a password. You may use the Services or modify your information, data and content only through such user ID and password. You are entirely responsible for maintaining the confidentiality of your user ID and password. You are entirely responsible for any and all activities which occur under your user ID and password. You agree to immediately notify I680N of any unauthorized use of your account or any other breach of security known to you.

I680N may, at its sole discretion, immediately terminate your access to the Services or this Agreement if your conduct fails to conform with this Section 3.

4. Property Rights and Display of I680N Trademarks and/or Service Marks

As between you and I680N, I680N acknowledges that it claims no proprietary rights in the content (including without limitation, text, software, music, sound, photographs, video and graphics) supplied by you for use on your web site or forum ("Your Content").

As between you and I680N, you acknowledge and agree that I680N owns all right, title, and interest in (i) the Services; (ii) the technology available on the Services; and (iii) all content (including without limitation, text, software, music, sound, photographs, video and graphics) except Your Content maintained on the Services ("I680N Content"), and all copyright, trade secret, patent, trademark, service mark and other intellectual property rights therein. Any use of the I680N Content other than to create and operate your website or forum within the scope of the Services provided by I680N is not licensed and strictly prohibited. You agree that you will not upload, transmit, reproduce, distribute or in any way exploit any I680N Content obtained through the Services without first obtaining the express permission to do so from I680N. This Agreement does not constitute a license to use I680N's trade names, service marks or any other trade insignia. Any use of any of I680N's trade names, services marks or any other trade insignia shall be subject to I680N's prior written consent.

I680N reserves the right to display its trademark(s) and/or service mark(s) on the customer's website or forum. Such trademark(s) and/or service mark(s) will be displayed in the form of a small "Powered by" logo located at the bottom of the customer's website. This logo may be composed of one or more I680N trademarks or service marks, including "The Zine Machine", "I680N." and "Ancoserv".

5. Disclaimers of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS.

I680NORTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

I680NORTH MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES I680NORTH MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE 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 DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

I680NORTH MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM I680NORTH OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, WHETHER BY IMPLICATION, ESTOPPEL OR OTHERWISE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

6. Limitation on Liability

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER CREATION AND MANAGEMENT OF YOUR WEBSITE OR FORUM AND ALL OTHER MATTERS UNDER YOUR CONTROL. IN NO EVENT SHALL I680NORTH BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO CREATION AND MANAGEMENT OF YOUR WEBSITE OR FORUM.

THIS SECTION APPLIES TO ALL CLAIMS BY YOU IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING YOUR CLAIM, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT (EVEN IF IN THE NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL TERM OR A FUNDAMENTAL BREACH), OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, MISREPRESENTATION AND/OR OTHERWISE.

REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL I680NORTH, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY, OR CONTENT AVAILABLE ON THE SERVICES ("I680NORTH AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (i) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICES; (ii) FOR LOSS OR INACCURACY OF DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (iii) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, EVEN IF I680NORTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE AGGREGATE LIABILITY OF I680NORTH AND THE I680NORTH AFFILIATES, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO I680NORTH DURING THE TERM OF THIS AGREEMENT. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY I680NORTH SHALL BE CANCELLATION OF YOUR SUBSCRIPTION TO THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

7. Indemnification

You agree to defend, indemnify, and hold I680N harmless from and against any and all claims and liabilities, including reasonable attorneys' and experts' fees, related to or arising from (i )any breach of your covenants under this Agreement; (ii) your use of the Services; (iii) all conduct and activities occurring under your user ID and password; (iv) any item or service sold or advertised in connection with Your Content or your information and data; (v) any defamatory, libelous or illegal material contained within Your Content or your information and data; (vi) any claim or contention that Your Content or your information and data infringes any third party's patent, copyright or other intellectual property rights or violates any third party's rights of privacy or publicity; and (vii) third party's access or use of Your Content or your information and data. I680N reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of I680N, which shall not be unreasonably withheld.

8. Privacy

You hereby expressly agree that I680N may distribute information regarding your website or forum and personally identifiable information publicly available in your website or forum to I680N's search engine and various other comparative shopping and search services partners, and create a database of publicly available information about you or your website or forum and make that database available to our partners with the express purpose of driving internet user traffic to the web sites and forums being hosted by I680N, provided that such information is useful to the end users of such sites. Public information means information available to the public through your website or forum, and may include information about subject of your website or forum and other similar information. In no event, however, will I680N disclose certain information such as your credit card number or bank account number.

I680N will not actively monitor the content of the web sites or forums being hosted by I680N but will investigate complaints of a violation of a third party right. I680N will cooperate with those attempting to minimize Internet abuse and reserves the right to institute "filters" or other mechanisms for that purpose. I680N will cooperate with law enforcement authorities and will notify such authorities if it suspects that you are engaged in illegal activities.

Because I680N does not actively monitor the content of the web sites or forums hosted by I680N, or of any other Internet sites, customers who wish to control childrens' ability to access potentially harmful materials should be aware that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist the customer in limiting access to material that is harmful to minors. Commercially available parental control tools are widely available over the Internet, and can be obtain from companies such as www.cyberpatrol.com, www.netnanny.com and www.surfwatch.com.

For more information regarding I680N's protection of your information, please consult I680N's privacy policy located on the I680N home page ("Privacy Policy").

9. Term, Termination

This Agreement shall be effective for as long as you use the Services.

Either you or I680N may terminate this Agreement, with or without cause, upon thirty days notice to the other party. In addition to I680N's right to terminate this Agreement provided elsewhere in this Agreement, I680N may terminate this Agreement immediately if, based on I680N's sole judgment, it determines that you have (i) breached the Acceptable Use Policy or other provisions of Section 3 or (ii) infringed or violated any intellectual property right or privacy or publicity right of a third party.

The termination of this Agreement will terminate your access to the Services. I680N shall not be liable to you or to any third party for termination of the Services for any reason. The termination of this Agreement does not relieve you of your obligation to pay any Fees accrued or payable to I680N prior to the effective date of termination of this Agreement.

Upon termination of this Agreement, I680N reserves the right to maintain copies of your data files and records for archival purposes only. Upon termination of this Agreement, provisions which by their nature would be expected to survive termination shall survive and remain in full force and effect in accordance with their terms.

10. Export Control Compliance.

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to your web site or forum hosted by I680N any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

11. Independent Contractors

This Agreement does not create any agency, employment, partnership, joint venture, franchise or other similar or special relationship between you and I680N. Neither party will have the right or authority to assume or create any obligations or to make any representations, warranties or commitments on behalf of the other party or its affiliates, whether express or implied, or to bind the other party or its affiliates in any respect whatsoever.

12. Arbitration

Any controversy or claim arising out of or relating to this Agreement, or the breach hereof, shall be settled by binding arbitration before a single arbitrator in San Francisco, California, in accordance with the commercial arbitration rules then in effect of the American Arbitration Association, and judgment rendered upon the award, including such reasonable attorney's fees as may be awarded the prevailing party, may be entered in any court having jurisdiction thereof. Nothing in this Agreement shall prohibit or restrict either party from seeking provisional relief in a court of competent jurisdiction, including, but not limited to, a temporary restraining order, preliminary injunctive relief, or a writ of attachment. Either party may, at its discretion, seek such provisional remedies or injunctive relief either in a court of competent jurisdiction or through the expedited arbitration procedures of the American Arbitration Association, and thereafter seek monetary damages and permanent injunctive relief by the regular arbitration procedures.

13. No Assignment

Your rights and obligations under this Agreement shall not be transferred or assigned directly or indirectly without the prior written consent of I680N.

14. Severability

If any provision of this Agreement or portion thereof is determined by a court of competent jurisdiction, or declared under any law, rule or regulation of any government having jurisdiction over the parties hereto, to be invalid, illegal or otherwise unenforceable, then such provision will, to the extent permitted by the court or government not be voided but will instead be construed to give effect to its intent to the maximum extent permissible under applicable law and the remainder of this Agreement will remain in full force and effect according to its terms.

15. Applicable Law, Jurisdictional Matters

This Agreement shall be governed by and construed in accordance with the laws of the State of California and the United States of America. The federal and state courts of the State of California located in Oakland and Martinez, respectively, shall have exclusive jurisdiction to adjudicate any non-arbitrable dispute arising out of this Agreement. You expressly consent to (a) the jurisdiction of the such courts; and (b) service of process being effected upon you by registered mail sent to the address you provide I680N in conjunction with your subscription for services, as may be changed from time to time by written notice actually received by I680N. Unless prohibited by the law of your jurisdiction, you waive any requirement that service of process or of any documents be made upon you pursuant to the provisions of the Hague Convention.

16. Notices Electronic Communications

All notices permitted or required under this Agreement may be sent by e-mail, fax, express mail, mail, or registered mail to the e-mail address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained. Each of us may communicate with the other by electronic means as described in this Agreement. Each of us agrees to the following for all electronic communications: (a) The user identification of a sender, contained in an electronic communication, is legally sufficient to verify the sender's identity and the communication's authenticity; (b) An electronic communication sent by you containing your user identification establishes you as its originator and has the same effect as a document with your written signature on it; and (c) An electronic communication, or any computer printout of it, is valid proof of the validity of the original document of the electronic communication.