This Agreement sets forth the terms and conditions that apply to use of GilaNet's' Internet service.

GilaNet is a division of Western Interactive.

BY USING GILANETS' INTERNET SERVICE, USER AGREES TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

GilaNet reserves the right to close any account that violates the Terms and Conditions of this Agreement.

Definitions
(a) "GilaNet", the Internet service provider and Western Interactive on-line services.
(b) "User" is each person who establishes or accesses an account with Western Interactive for use of on-line services.

General Provisions
(a) The rights conferred by this Agreement are nontransferable. Use of Western Interactive accounts is expressly limited to the individual whose name appears on the account and members of the immediate family of the account holder living at the same address as the account holder. User is responsible for insuring that all use of User's account complies fully with the provisions of this Agreement. User is also responsible for protecting the confidentiality of any password of the User.
(b) User is responsible for obtaining and maintaining all software, hardware, telephone and other equipment necessary to connect to Western Interactive.
(c) User should notify Western Interactive immediately in writing or by e-mail if User's password has been lost, stolen, or otherwise compromised. User will be held responsible for all use of its account until Western Interactive, Inc. receives such notice.
(d) Western Interactive shall have the right at any time without notice to change, modify, or add to the terms and conditions of this Agreement. Such changes shall be considered effective upon publication either in Western Interactive' Web Site, Internet servers, printed literature, or by conventional or e-mail. Any use of Western Interactive' services by User after such publication shall constitute acceptance by User of such changes.

(e)  The customer (user) is responsible for backing up, or saving any email, or information that is stored on Western Interactive's equipment.  Western Interactive  is not responsible for any lost data or information that is of importance to the customer, due to:  Hardware maintenance, Equipment failure, Unauthorized access to Western Interactive's equipment, or natural disaster.  Western Interactive will also advise there customers via email or post information on the Western Interactive/Gilanet website as to when and what type of  maintenance will occur.  Western Interactive reserves the right to remove any data or information that is stored on Western Interactive's equipment.  Customers (users) of Western Interactive are encouraged to use some type of Email Program, such as, Outlook Express, Netscape, or Microsoft Outlook.  By the customer (user) using some type of email program that  will allow the customer to download and store email information or data on to their local computer.  

Billing
(a) User is responsible for any applicable telephone charges for connecting directly to Western Interactive or to any other network access node.
(b) User agrees to pay Western Interactive all charges relating to the use of User's account according to rates and prices published on-line at the time the service is used. On-line rates and pricing are incorporated into this Agreement by reference. Western Interactive reserves the right to change or modify rates and prices at any time.
(c) Western Interactive reserves the right to charge a monthly service fee to all Users to whom a paper invoice must be sent.
(d) Western Interactive reserves the right to terminate accounts which are inactive for more than one (1) year.
(e) Western Interactive reserves the right to charge a late payment fee and/or expenses for collection of past due amounts. Western Interactive reserves the right to charge a reactivation fee and/or a deposit in the event that an account is temporarily inactivated as a result of any prohibited activities or late payment.

Appropriate Use/User Conduct
(a) All Western Interactive Users must comply with all local, state, and federal laws.
(b) User shall not post, transmit, or permit to be posted or transmitted any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, obscene, pornographic, profane or which violates or infringes in any way upon the rights of others, or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without the express prior approval of Western Interactive, contains advertising or any solicitation with respect to products or services, including the solicitation of Users to become subscribers of other on-line services competitive with Western Interactive.
(c) User shall not post, transmit or permit to be posted or transmitted any information or software which User is aware contains a virus or other harmful component.
(d) Any conduct by User that in Western Interactive' discretion adversely affects the ability of any other User from using or enjoying Western Interactive services or the Internet is prohibited.
(e) User agrees not to provide public information services over this connection, not to use any automatic method to avoid inactivity disconnect, and to keep the connection active only when the User is actively using it without express written consent of Western Interactive. A public information service includes, but is not limited to, running a web server or FTP server.
(f) Sharing Unlimited accounts with anyone other than an immediate family member, or reselling service without express written consent of Western Interactive is prohibited.
(g) Sending unsolicited commercial e-mail is prohibited, as is using a Western Interactive e-mail address to collect responses from unsolicited commercial e-mail. Sending large volumes of unsolicited e-mail is not permitted nor is the sending of threatening or harassing e-mail.
(h) Attempting to impersonate others is not permitted.
(i) Any unauthorized attempt to access any computer system or data bank is prohibited.
(j) Western Interactive will cooperate with the appropriate legal authorities in investigating claims of illegal activity, including but not limited to illegal transfer or use of copyrighted or other protected material, or postings or e-mail containing threats of violence, or other illegal activity.

Ownership/Copyright
User shall not upload, post, transmit or otherwise make available any material protected by copyright, trademark, trade secret or other proprietary right without the express permission of the owner of the proprietary right. The burden of determining that any material is not protected by proprietary rights rests with the User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights or any other harm resulting from submission of protected material.

DISCLAIMER OF WARRANTY
(a) USER ASSUMES SOLE AND TOTAL RESPONSIBILITY AND RISK FOR USER'S USE OF Western Interactive' SERVICE AND THE INTERNET. Western Interactive MAKES NO WARRANTY WHATSOEVER AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF Western Interactive' SERVICES OR THE INTERNET, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE INTERNET AND Western Interactive SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS THE USER'S SOLE 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 ON THE INTERNET.
(B) Western Interactive SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY Western Interactive, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. Western Interactive DOES NOT WARRANT THAT ITS SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE INTERNET WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY
(a) UNDER NO CIRCUMSTANCE SHALL Western Interactive, ITS EMPLOYEES, ITS AFFILIATES OR ITS CONTRACTORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S RELIANCE ON, USE OF OR INABILITY TO USE INFORMATION, SERVICES, EMAIL OR MERCHANDISE PROVIDED ON OR THROUGH THE Western Interactive SERVICE, OR THAT RESULT FROM MISTAKE, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, FAILURE OF PERFORMANCE, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT Western Interactive IN NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE USER. USER UNDERSTANDS THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR WHICH MAY BE OFFENSIVE TO SOME PEOPLE. USER ACCESSES SUCH MATERIALS AT USER'S OWN RISK. Western Interactive HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
(b) Western Interactive IS NOT RESPONSIBLE FOR SERVICE INTERRUPTIONS BEYOND ITS CONTROL, INCLUDING ACTS OF GOD OR SERVICE INTERRUPTIONS BY ITS SUPPLIERS.

Content and Confidentiality
(a) Western Interactive does not censor the content of any newsgroups. The choice to censor content is left to the User. Content-censoring tools such as Cyber Patrol are available to screen an account's access to material considered offensive by the User. It is the User's responsibility to make use of such tools if desired.
(b) Western Interactive exercises no control over the content of the information passing through or temporarily stored in its systems.
(c) Western Interactive employees may be required to examine system accounting logs, records, files and e-mail to facilitate operation of the system and to resolve system problems. All customer data shall be treated in a confidential manner and access on a minimal basis. Customer data will only be released to those individuals authorized by the customer or upon service of a valid court order.

Security of Data
No computer system should be considered safe from intrusion. E-mail may pass through many computer systems and should not be considered a secure means of communication unless encrypted. Encrypted information is only as secure as the encryption method.

Monitoring
Western Interactive and its authorized representative shall have the right, but not the obligation, to monitor the content of Western Interactive newsgroups, web server and other forums. Western Interactive reserves the right in its sole discretion to edit, remove or refuse to post any materials submitted to or posted on Western Interactive newsgroups, web server, and/or other forums, including without limitation, the right to remove any material that Western Interactive, in its sole discretion, finds to be in violation of the provisions of this agreement or otherwise objectionable.

Indemnification
User agrees to defend, indemnify and hold harmless Western Interactive, its directors, officers, employees and agents from any and all liabilities, costs, claims and expenses, including reasonable attorneys' fees, related to or arising out of the use of Western Interactive services or the Internet by the User or the User's account.

Termination
(a) Western Interactive reserves the right to terminate this Agreement at any time for any reason, including without limitation the right to immediately terminate or suspend the User's account in the event of any conduct by the User which Western Interactive, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement.
(b) Western Interactive has the right to delete all data, files or other information that is stored in the User's account if the User's account is terminated for any reason.
(c) The provisions of Sections 6, 7, and 11 shall survive termination of this Agreement.

Miscellaneous
(a) If any one or more of the terms in this Agreement is found to be unenforceable or invalid, the remainder of this Agreement shall not be affected thereby.
(b) The section headings used in this Agreement are for convenience only and shall not be given any legal significance.
(c) This Agreement shall be construed, interpreted and enforced according to the laws of New Mexico.