User Agreement

that is assessed, levied, imposed or collected by any governmental body and includes (but is not limited to) any interest, fine, penalty, charge, fee or other amount imposed on or in respect of any of the above.

"TCP/IP" means the Transmission Control Protocol/Internet Protocol in general use throughout the Internet.

"Under-age" mean any human who has yet to reach the age of majority within their jurisdiction or the age of majority within California (currently 18 years of age), whichever is higher.

"World Wide Web Server" means a computer system that facilitates access to multimedia documents using the HyperText Transfer Protocol (HTTP), or other related protocols (FTP, GOPHER, HTTPS, or NNTP).

"Written" or "in writing" includes printing and other means of representing or reproducing words in material form (such as electronic mail).

"Year" means calendar year.

1.2 In this document unless the context otherwise requires:

1. words importing the singular include the plural and vice versa;
2. words importing any gender include the other genders;
3. references to persons include corporations, partnerships, entities and all other bodies politic;
4. references to a person include the legal personal representatives, successors and assigns of that person;
5. a reference to a statute, ordinance, code or other law includes regulations and other statutory instruments under it and consolidations, amendments, reenactments or replacements or any to them (whether of the same or any other legislative authority having jurisdiction), and includes a reference to reasonably equivalent statutes, ordinances, codes or laws in other jurisdiction;
6. references to this or any other document include the document as varied or replaced, and notwithstanding any change in the identity of the parties;
7. references to writing include any mode of representing or reproducing words in visible form, and includes electronic mail, telex and facsimile transmissions;
8. an obligation imposed on customers numbering two or more shall bind them jointly and severally;
9. if a word or phrase is defined, cognate words and phrases have corresponding definitions.

1.3 Headings shall be ignored in construing the Agreement.

2. Services to be provided by Provider
2.1 Provider will provide the Service to the Customer in accordance with the terms and conditions of this Agreement.

2.2 The Service will include provision of and access to the following:

1. A modified web proxy server that stands between the user and the world wide web sites being visited. It removes all identifying information from the data sent from the user to the website, and deactivates any programs that might be used to track the user. Once the user connects to the Service all web surfing from that point on is protected without any special actions.

3. Fees and Payment
3.1 The Customer must pay the Fee in respect of the Service supplied by Provider to the Customer at the times and in the manner specified in Appendix A.

3.2 Any variation to the Fee will be at the discretion of Provider.

3.3 Should the customer not wish to pay any increased Fee when the next payment is due, they may elect to terminate this agreement.

3.4 Provider reserves the right to terminate any accounts that are not renewed at the expiration of their term.

6. Maintenance and Support of Service
6.1 Provider will use reasonable efforts to provide the Customer with the Service.

6.2 Provider will use reasonable efforts to restore all faults.

6.3 Provider's obligations as set out in clauses 6.1 through 6.2 do not cover maintenance necessitated as a result of:

1. any fault in equipment or software not forming part of the Service;
2. damage due to causes external to the Service;
3. any upgrades required by changes in technology.

7. Responsibilities of Customer
7.1 At the request of Provider, the Customer must provide such information and assistance as are reasonably required by Provider in order to enable Provider to meet its obligations under this agreement.

7.2 The Customer must comply with all reasonable directions and instructions of Provider in relation to the Customer's use of the Service and must ensure that anyone using the Customer's account also comply with all reasonable directions and instructions of Provider in relation to the Customer's use of the Service provided, so long as notice is given to the Customer of any of the same, and made known to the Customer.

7.3 The Customer shall not use, or suffer or permit another person to use the Service in, or in relation to the commission of an offense against the laws of the United States or of any State or territory of the United States.

7.4 The Customer shall take every reasonable precaution that no person is able to make unauthorized use of or gain unauthorized access to the Service provided to the Customer pursuant to this agreement.

8. Privacy Rights, Confidentiality and Ownership of Data
8.1 Provider must take all reasonable steps to the extent permitted by law to ensure that access information about the Customer is restricted to those Provider personnel who are required to have access to the same in order to enable Provider to comply with its obligations under this agreement.

8.2 Provider agrees to keep information about the Customer's confidential but shall not be bound to retain as confidential any information if and to the extent that:

1. the information is, or becomes part of public domain otherwise than by breach of this agreement by Provider;
2. the information is lawfully obtained by Provider from another person without any restriction as to use and disclosure;
3. the information was in Provider's possession prior to disclosure to it by the Customer;
4. the information is required to be disclosed by the operation of any laws;
5. the Customer has given their written approval to the disclosure of the information; or
6. if at any time the Customer engages in Spamming as defined in this Agreement and defined herein.

8.3 Usage logs are usually kept for fifteen (15) days for maintenance purposes, monitoring Spamming and monitoring abuses of netiquette. Any relevant portion(s) of such logs may be kept for as long as needed to stop the abuses.

8.4 The parties' obligations as to confidentiality shall survive any termination of this agreement.

9. Warranties
9.1 Provider gives no warranty or guarantee in relation to the performance, features, compatibility, content or otherwise of any connected Internet service or host/computer connected to the Service. IN ADDITION, EXCEPT FOR THE EXPRESS WARRANTIES AND UNDERTAKINGS SET FORTH IN THIS AGREEMENT, ANONYMIZER, INC. DISCLAIMS ALL WARRANTIES RESPECTING THE EFFICACY OF ITS SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

10. Indemnity
10.1 The Customer agrees to indemnify Provider and holds Provider harmless from and against any loss, cost, expense or liability arising from any claims, demands or proceedings by any person against Provider whatsoever arising out of:

1. the use or attempted use of the Service by the Customer or by any person authorized by the Customer or from the use of any facility or equipment connected to the Service by the Customer or any person authorized by the Customer; or
2. any hardware or software contamination resulting from the use by the Customer or by any person authorized by the Customer;

10.2 The Customer agrees to indemnify Provider and holds Provider harmless from and against any loss, cost, expense or liability arising from any claims, demands or proceedings by any person against Provider whatsoever arising out of any action brought by any third party against Provider for infringement of that third party's Intellectual Property Rights due to the Customer's use of the Service provided to the Customer pursuant to this agreement or due to the use of the Service by any person authorized by the Customer to use the Service provided to the Customer pursuant to this agreement or Provider's possession of Customer's information in accordance with this agreement except to the extent that such loss, cost, expense or liability arises from or is attributable to any willful misconduct on the part of Provider.

11. Liability
Except as provided to the contrary in this Agreement and to the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the provision of the Service or other obligations under this agreement will be excluded. Without limiting the generality of the preceding sentence and except as expressly provided in this agreement, Provider will not be under any liability (including liability as to negligence) to the Customer or to any third party in respect of any loss or damage (including consequential loss or damage), however caused, which may be suffered or incurred or which may arise directly or indirectly as a result of or in connection with the provision of the Services or Provider's failure to comply with Provider's obligations under this Agreement except as expressly provided in this Agreement.

12. Termination
12.1 Either party is entitled to immediately terminate this agreement by notice in writing to the other party in the event that:

1. the other party has committed a material breach of this agreement and, if the breach is rectifiable, has not rectified the breach within thirty days after receiving notice from the other party specifying the nature of the breach and requiring the party in default to rectify the breach;
2. an order is made or an effective resolution is passed for the winding up of the other party, or an administrator of the other party is appointed;
3. a receiver, receiver and manager, official manager, trustee or a similar official is appointed over any of the assets of the other party;
4. an encumbrance takes possession of the whole or a substantial part of the undertaking or property of the other party;
5. the other party enters into or resolves to enter into any arrangement, composition or compromise with or assignment for the benefit of its creditors generally;
6. the other party ceases or threatens to cease to carry on business;
7. the other party becomes unable to pay its debts when they are due.

12.2 The termination of this agreement for whatever reason is without prejudice to any rights that have accrued to either party prior to the date of termination.

12.3 Provider may suspend or restrict provision of the Service to the Customer at any time:

1. while payment of an account for the Service provided to the Customer is overdue;
2. if the Customer becomes bankrupt or insolvent or enters into a scheme of arrangement or composition with the Customer's creditors or, being a company, is placed in receivership or under official management or has a provisional liquidator appointed;
3. if the Customer breaches any material term or condition of this agreement; or
4. if it appears that the customer is engaging in serious breaches of netiquette their account may be terminated immediately by the provider. These breaches would include but are not limited to: spamming, or serious harassment of other Internet users.

12.4 Where provision of the Service has been suspended under clauses 12.3(1-3), the reconnection of the Service shall be subject to the appropriate new Fee. Where provision of the Service has been suspended under clause 12.3(4), the reconnection of the Service shall be reconnected without charge if the breach of netiquette is not found to be serious by the provider. However, if it is determined that it is a serious breach of netiquette, then the customer has committed an unrectifiable material breach of this agreement and their account will be terminated under clause 12.1(1).

12.5 Provider may suspend or restrict provision of the Service to the Customer at any time in the event of an emergency or whenever Provider considers it necessary or reasonable in order to safeguard provision of the Service.

13. Disputes
13.1

1. A dispute must, as far as possible, be settled amicably between the parties.
2. All disputes that arise out of or under this Agreement shall be subject to binding arbitration. The parties will jointly appoint an arbiter. If there is not agreement as to the arbiter within one (1) week then an arbiter will be appointed by the Superior Court of California.
3. For disputes that arise out of or under this Agreement the prevailing party shall be entitled to recover reasonable attorneys fees and all costs incurred in litigating or arbitrating the dispute.

13.2 If the dispute relates to the construction or interpretation of the terms and conditions of this agreement, the dispute must be dealt with by a court.

13.3 All other disputes must be dealt with by referral to an expert nominated jointly by the parties, or failing agreement, within 14 days after either party's request to the other party for such, to a mediation with a mediator provided by the San Diego Mediation Center. The mediator's fees shall be paid by the parties in equal shares unless the mediator determines that the conduct of a party is such that such party should bear all such costs.

14. Tax
The Customer must pay, and must keep Provider indemnified against any Tax with the exception of income tax payable upon or in respect of this agreement or any services, payments, document, transaction or matter referred to in or contemplated by this agreement.

15. General
15.1 Assignment

1. The Customer must not assign any of the Customer's rights under this agreement without the prior written consent of Provider.
2. Provider may assign any of its rights under this Agreement without the consent of the Customer, however Provider must notify the Customer in the event that Provider exercises this power.

15.2 Severance

1. A provision of, or the application of a provision of, this agreement that is prohibited in any jurisdiction, is in that jurisdiction, ineffective only to the extent of that prohibition.
2. A provision of, or the application of a provision of, this agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
3. If a provision of this agreement is void, illegal or unenforceable, it may be severed without affecting the validity, legality or enforceability of the other provisions of this agreement.

15.3 Waiver

1. Waiver of a breach of this agreement, or of any rights created by, or arising upon default, under this agreement, must be in writing and signed by the party granting the waiver.
2. A breach of this agreement is not waived by a failure to exercise, a delay in exercising, or a partial exercise of, any remedy available under this agreement or in law or equity.
3. A right created by, or arising upon, default under this agreement, is not waived by a failure exercise, a delay in exercising, or a partial exercise of, that right.
4. Variation of a term of this agreement must be in writing and signed by the parties.

15.4 Entire Agreement
This agreement supplemented by Appendix A is the entire agreement between the parties in respect to this subject matter. Provider may amend these terms and conditions at its discretion, however the amended terms and conditions come into force if and when the Agreement is next renewed, until then the agreed to terms and conditions remain in force.

15.5 Force Majeure

1. If a party is prevented from performing an obligation under this agreement because of events or circumstances beyond the reasonable control of, and not reasonably foreseeable by, the party, the party will be granted a reasonable extension of time to perform the obligation if:
1. the party notifies the other party as soon as is reasonably practicable of the events or circumstances and of the period that the party expects to be prevented from performing the obligation; and
2. the party takes all reasonable steps to avoid or limit the effects of the events or circumstances or to render to the reasonable satisfaction of the other party the equivalent of performance of the obligation.
2. If a party is, or is reasonably likely to be, prevented from performing a material obligation for a period greater than 3 months, the other party may terminate this agreement immediately by giving notice in writing to the firstmentioned party.
3. The events and circumstances contemplated under clause 15.5 include (but are not limited to) acts of God, war, hurricanes, tornadoes, earthquakes, flood, legislation and strikes.

15.6 No Partnership
Nothing in this agreement will constitute or be deemed to constitute a partnership between the parties or constitute or be deemed to constitute the Customer as agent for Provider for any purpose and neither party has the authority or power to bind the other or contract in the name of the other in any way or for any purpose other than as specifically contemplated by this agreement.

15.7 Sub-Contracting
Provider may sub-contract for the performance of this agreement or any part thereof.

15.8 Notices
Any notice given under or pursuant to this agreement must be in writing and will be deemed duly given or made if delivered or sent by United States Postal Service First Class mail, hand delivery, electronic mail with return receipt requested, by posting to a document on the Anonymizer World Wide Web site, or by facsimile transmission to the address of the relevant party specified in this agreement and marked to the attention of:
(in the case of Provider) - the person nominated in the Appendix A.
(in the case of the Customer) - the account in the Application Form. In addition: any notice, demand or other communication will be deemed, in the absence of proof to the contrary, to have been received by the person to whom it was sent:

• in the case of hand delivery, upon delivery;
• in the case of United States Postal Service First Class mail, ten (10) days after the date of dispatch;
• in the case of electronic mail, twelve (12) hours if no delivery trouble has been reported.
• In the case of posting to the Anonymizer World Wide Web Site (www.anonymizer.com), seven (7) days.
• in the case of facsimile transmission, on the next business day following successful transmission as evidenced by the sender's facsimile machine statement.

15.9 Governing Law
This agreement is governed by and will be construed in accordance with the laws of the State of California, United States of America.

15.10 Negotiation of special terms
All terms within agreement may be modified on a case by case basis, however the cost of having an attorney licensed in California review each modification will be prorated along with the normal Fee over one year for the new agreement.

Terms of Payment: Immediate or prior payment.

FEE: Fifteen U.S. Dollars ($15.00) for three months.

Fault Reporting: When reporting faults on your Service call +1(619)667-7969 during Normal Business Hours, or send electronic mail to: support@anonymizer.com, or FAX: +1(619)667-7966 or send mail to:
The Anonymizer
8415 La Mesa Blvd., Suite 3
La Mesa, California 91941

Customer Service: For questions on Provider Internet Access Service send e-mail to support@anonymizer.com.