This Agreement provides the obligations and rules for you (as a subscriber) and for GloryWorks.  Please note that this Agreement allows GloryWorks to modify its terms at any time by posting the revised copy of this agreement to the GloryWorks web site at http://www.gloryworks.com. Your continued use of the GloryWorks Service will confirm your agreement to these terms and conditions as well as your acceptance of the changes we may make to the agreement in the future.

1. License.

1.1 GloryWorks Service.  Unless otherwise agreed, you will pay the basic subscription fee listed on our web site, which entitles you to 1 dial-up access license (to connect to GloryWorks at up to 56K) and 3 megabytes of disk space (the "GloryWorks Service").  We also offer ISDN service and other premium services for business customers or subscribers with high-bandwidth needs based on a price list which may be obtained from us, and which is subject to periodic revision.  For a copy of the current premium service price list, please contact us at sales@gloryworks.com.
 
1.2  Dial-Up Access License/Use.  GloryWorks grants you a limited license for the duration of this Agreement to use the GloryWorks Service to connect to the Internet for the purposes of sending and retrieving information, and to send and receive e-mail from your GloryWorks e-mail account(s).  Your use of the GloryWorks Service is subject to the terms and conditions of this Agreement, including the Restrictions on Use@ section below.
 
1.3 Responsibility for Internet Access.  While GloryWorks will provide you an account on its computers for the purposes of connecting to the Internet and sending and receiving e-mail, it is your responsibility to provide and install the proper equipment and software to connect to GloryWorks.
 
1.4 Protection of Intellectual Property.  GloryWorks enables you to contribute to and gain from a wealth of materials C some owned by GloryWorks, others owned by third parties. In order to preserve everyone's rights, you must:
 
    1.4.1  Only print and/or download material obtained using the GloryWorks Service for your own, non-commercial purposes (unless otherwise licensed);
    1.4.2  Not alter any aspect of the GloryWorks Service;
    1.4.3  Comply with the terms and conditions of third parties who provide you with materials, including software such as web browsers; and
    1.4.4  Not deliberately or accidentally export software to countries to which the U.S. prohibits such export.            

1.5 Session Length.  GloryWorks strives to maintain quality service for all of our subscribers through careful and efficient management of our network, especially during periods of peak demand. In order to assist us in balancing user loads, we reserve the right to manage maximum session length and terminate sessions that exceed the maximum length even if you are actively using your connection. GloryWorks also reserves the right to terminate sessions that are inactive or idle or in order to perform maintenance service.  In the event your session has been terminated, you may immediately dial back in to reconnect.
 
1.6 Delivery of E-mail.  GloryWorks will attempt to deliver all of the e-mail that is addressed to your e-mail address on the GloryWorks Service.  However, sometimes someone who is or is not a subscriber to the GloryWorks Service will attempt to relay large numbers of e-mail, in bulk, off of or through one of our servers. We reserve the right to discard that bulk relay e-mail because it is an unauthorized use of our equipment. Any e-mail addressed to you in care of the GloryWorks Service that is included may not be delivered to you.
 
2. Restrictions on Use.  While it is not our intent to monitor your online communications, GloryWorks reserves the right to edit or remove content that we become aware of and determine to be harmful, offensive or otherwise in violation of this Agreement. Violation of these Restrictions may also result in the termination or suspension of your account. These Restrictions apply to all content provided to or through the Service, including e-mail messages, newsgroup postings, chat, and personal or business web pages.
 
2.1  Illegal and Destructive Activities.  You may not engage in any of the following acts, which are illegal and/or destructive to GloryWorks and other Internet users and providers:

    2.1.1  Send messages, data, images and programs that are libelous, defamatory, obscene, pornographic, threatening, abusive, or hateful;
 
    2.1.2 Send materials that contain viruses, worms, or any other destructive elements;
 
    2.1.3 Interfere with or infringe the copyrights, trademarks, logos, service marks, or confidential information of others;
 
    2.1.4 Use or attempt to use GloryWorks Service to violate its security or the security of systems accessible through it;
 
    2.1.5 Cause harm to GloryWorks or third party equipment, software, or processes used in connection with furnishing the GloryWorks Service; or
 
    2.1.6 Use or attempt to use GloryWorks Service in a manner that is otherwise in violation of any United States, state, or foreign law.

2.2 Communication Rules.  In your use of GloryWorks, you agree to the following rules of communication.
 
    2.2.1 Unsolicited E-mail.  You may not send (i) a piece of unsolicited commercial e-mail to any person; or (ii) any other e-mail to more than 10 people if such e-mail could reasonably be expected to provoke complaints from its recipients.  Also, you shall not send Unsolicited E-mail by using the e-mail servers of another Internet provider, by channeling such activities through a GloryWorks account or remailer, using a GloryWorks account as a maildrop for responses, or in any way indicating to recipients that GloryWorks was involved in the transmission of Unsolicited E-Mail. GloryWorks reserves the right not to deliver any outbound e-mail which you address and send to 10 or more recipients in one mailing, or which GloryWorks in any other way believes violates these Restrictions.
 
    2.2.2 Spam Newsgroups.  In the event GloryWorks offers newsgroup service, and/or using another third party news provider, you may not post any single message to more than five online forums or newsgroups, and please make sure your message doesn't deviate from the topic or violate the rules of those forums or newsgroups.   GloryWorks reserves the right not to deliver any newsgroup or forum posting which GloryWorks believes violates these Restrictions.
 
    2.2.3 Miscellaneous Rules.  In the event GloryWorks offers newsgroup service, you agree to follow the guidelines and restrictions of a particular newsgroup before posting.  You agree to submit promotional materials only in chat, newsgroup and web message board areas designated for that purpose.
 
2.3 Use of Your Account.  In addition, please keep in mind the following restrictions and tips about your account with us.
 
    2.3.1 Single Use.  Unless you have purchased additional dial-up access licenses by special arrangement with GloryWorks, you may only log-in to the GloryWorks Service from a single location at a given time.  You must contact GloryWorks at sales@gloryworks.com if you would like to obtain simultaneous access to the GloryWorks Service for multiple users.
 
    2.3.2 Access to Your Account.   Anyone who has unprotected access to your computer will be able to use your GloryWorks account freely. Therefore, you should secure your computer equipment so that only authorized users can gain access to your account.  If you have an individual account, don't allow others outside of your household to use the Service. If you have a business account, don't let others outside of your bona fide employees or independent contractors use the Service.
 
    2.3.3 No Resale or Commercial Use Allowed.  You may not use your GloryWorks dial-up connection to host a dedicated Internet server site. You may not resell or otherwise redistribute the GloryWorks Service or profit in any other way by providing access through GloryWorks to others.
 
    2.3.4 Content and Responsibility for Information.  There is a wide variety and quantity of information available through the Internet using GloryWorks. GloryWorks, along with any parties from whom GloryWorks obtains network services, exercises no control over most of the content of the information passing through GloryWorks servers.  Therefore, YOU ARE YOURSELF RESPONSIBLE FOR PROTECTING YOURSELF FROM HARMFUL OR INACCURATE INFORMATION.
 
    2.3.5 Offensive and/or Harmful Information.  Some of the information available on the Internet is deemed under applicable laws to be unfit for viewing and reading by minors under the age of 18.  Some web sites, usenet postings, and e-mail messages contain information (in both text and graphical formats) that you and/or members of your household may consider obscene and/or harmful.   GloryWorks makes its best effort to control, block, filter or screen postings or web sites on the Internet that display obscene and/or harmful materials.  GloryWorks cannot and does not guarantee 100% accuracy in its filtering attempt. You are responsible for your own monitoring and viewing habits and those of your household, including minors.  You agree not to hold GloryWorks responsible for web sites and/or postings that could be considered obscene, lewd, offensive and/or harmful to minors.
 
    2.3.6 Removal of  Content Stored on GloryWorks Servers.  GloryWorks reserves the right to remove any content from its servers (including material maintained on personal websites), or restrict access to or the availability of, material which, in the sole discretion of GloryWorks, is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable or inconsistent with family or community values.  GloryWorks further reserves the right to terminate the account of any subscriber who posts inappropriate material on GloryWorks servers or who otherwise fails to abide by the terms of  this Agreement.
 
3. Disclaimer of Warranty; Indemnification.
 
3.1 Disclaimer of Warranty.  YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE -- GLORYWORKS AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE OR COST (INCLUDING CONSEQUENTIAL DAMAGES) YOU OR ANYONE ELSE USING YOUR ACCOUNT MIGHT INCUR DUE TO YOUR USE OR INABILITY TO USE THE SERVICE. IF YOU LIVE IN A STATE WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL GLORYWORKS= LIABILITY OR THE LIABILITY OF THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE EXCEED (1) FOR INJURY TO PROPERTY OR PERSON CAUSED BY OUR NEGLIGENCE, THE AMOUNT OF DIRECT DAMAGES TO THE PROPERTY OR PERSON, OR (2) FOR ALL OTHER CLAIMS, ACTIONS OR DAMAGES PERMITTED UNDER THIS AGREEMENT, OUR SERVICE CHARGES DURING THE AFFECTED PERIOD.  GLORYWORKS AND THIRD PARTIES WHO CONTRIBUTE TO THE GLORYWORKS SERVICE MAKE NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING WARRANTIES OF TITLE, NONINFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), REPRESENTATIONS, OR ENDORSEMENTS REGARDING THE GLORYWORKS SERVICE OR ANY THIRD PARTY MATERIAL AVAILABLE THROUGH THE SERVICE. FURTHERMORE, THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS -- WE DO NOT WARRANT THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN SERVICE WILL BE CORRECTED.
 
3.2 Indemnification.  YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS GLORYWORKS AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE FROM ANY LOSS, DAMAGE, OR COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT.
 
4. Payment; Eligibility.
 
4.1 Eligibility to Use GloryWorks.  To subscribe to GloryWorks, you have to be at least eighteen years old. You must register using your own name. If you use a credit card for payment, you must provide a credit card account number which is issued in your name or which you are authorized to use. To become a subscriber under a business account, you must be a bona fide employee or independent contractor of that business.
 
4.2 User I.D.  During registration, we'll ask you to enter the name or number you want as your User I.D. This I.D. is used for, among other things, your e-mail address.  If the e-mail I.D. you choose is already in use, or if we cannot accept it for any other reason, we'll ask you to enter another, change it, or give one to you.  If accepted during the registration process, your User I.D. shall be licensed to you so long as you are a subscriber to GloryWorks and do not otherwise violate this Agreement.  You agree that you do not acquire any ownership rights in your User I.D. and that your User I.D. may be revoked for any reason, at any time, in the sole discretion of GloryWorks.  GloryWorks  explicitly reserves the right to revoke any User I.D. that violates the intellectual property or other rights of third parties or which is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable or inconsistent with family or community values.
 
4.3 Payment.  You are obligated to make timely periodic payments in advance as a condition of  obtaining access to the Service.  If you fail to pay your bill in a timely fashion, you agree that we may terminate your account, reassign your User I.D. and add charges for late payment and collection fees.  If you notify us of your intention to cancel your service, we will cease charging you for your account on the indicated date of cancelation.  If we change our pricing plans, we'll notify you and allow you to stay with your old plan for at least one more billing cycle.
 
4.5 Privacy.  As a GloryWorks subscriber, you give us information about yourself that we use to conduct our daily business with you.  We want to assure our subscribers that we keep such customer-identifiable information as confidential as possible, and to provide you with a mechanism to control our use of this information.
 
    4.5.1 GloryWorks Use of User Information.  GloryWorks does not sell, trade, or give away this information to other individuals or companies without your consent. GloryWorks does use this information for billing purposes, to anticipate and resolve problems with your service, to create and inform you of products and services that better meet your needs, to investigate and help prevent potentially unlawful activity and activity that violates your Agreement, and to respond to your concerns regarding your dealings with GloryWorks.  GloryWorks will only disclose your information to a third party without your consent when doing so in order to investigate or prevent a security violation or suspected criminal activity on the GloryWorks Service or other computer system, or to respond to a court order.
 
    4.5.2 GloryWorks Publishing of User Information.  Our links and directory of e-mail addresses of our users makes it easy for you to reach others and for others to reach you. If you do not want to be included, please let us know via the contact means below and GloryWorks will remove you from this listing.
 
4.6 Dispute Resolution.  In the event that a legal dispute arises concerning this Agreement, please be aware that the following shall apply:
 
    4.6.1 Mandatory Arbitration.  ALL DISPUTES, CONTROVERSIES OR CLAIMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE SERVICE ("DISPUTES") SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION CONDUCTED IN SCOTTS VALLEY, CALIFORNIA, BY A NEUTRAL ARBITRATOR, IN ACCORDANCE WITH THIS AGREEMENT AND THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. The arbitrability of Disputes shall also be determined by the arbitrator. Each party shall bear its own expenses, except that the prevailing party may recover the filing costs and the expenses of the arbitrator from the other party. Any award of the arbitrator shall be in writing and shall state the reasons for the award. Judgment upon an award may be entered in any Court having competent jurisdiction. The arbitrator shall not have the power to award any damages in excess of the applicable dollar limits set forth in or excluded under this Agreement. The arbitrator shall not have the power to order pre-hearing discovery of documents or the taking of depositions, but may compel attendance of witnesses and the production of documents at the hearing. The Federal Arbitration Act, 9 U.S.C. Sections 1 to 14, shall govern the interpretation and enforcement of this paragraph. The parties, their representatives and participants and the arbitrator shall hold the existence, content and result of the arbitration in confidence, except to the limited extent necessary to enforce a final settlement agreement or to obtain or enforce a judgment on an arbitration decision and award. Disputes relating to your failure to pay billed charges for use of the GloryWorks Service are exempt from the binding arbitration requirement. This Agreement shall not prevent GloryWorks or a subscriber from seeking and obtaining temporary equitable remedies, including temporary restraining orders, from a court with jurisdiction over the parties and the subject matter. A request to a court for interim equitable relief shall not be deemed a waiver of the obligation to arbitrate.
 
    4.6.2 Spam E-mail and Postings.  GloryWorks and each subscriber agrees that GloryWorks would be irreparably harmed by the use, by subscribers or otherwise, of GloryWorks Service or facilities in connection with the transmission of Spam Newsgroup Postings or Unsolicited E-Mails in violation of this Agreement, and that GloryWorks shall be entitled to obtain injunctive relief against such transmission. Such remedy shall not be deemed to be an exclusive remedy, but shall be in addition to all other remedies available at law or in equity. GloryWorks reserves the right to block, filter or delete Unsolicited E-Mails.

4.7 Miscellaneous.
 
    4.7.1 Assignment.  We may assign our rights and duties under this Agreement to others at any time without notifying you. You may not assign your rights and duties under this Agreement to others.
 
    4.7.2 Choice of Laws.  CALIFORNIA LAW (EXCLUDING ITS CHOICE OF LAW RULES) WILL APPLY TO THE CONSTRUCTION, INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT.
 
4.8 Term.
 
    4.8.1 We reserve the right to cancel this Agreement without notice for any reason, at any time.
 
    4.8.2 You are entitled to cancel when you notify us beforehand.
 
    4.8.3 If we cancel your account or terminate our Agreement with you for any reason, you agree not to reregister for the GloryWorks Service without our written permission.
 
4.9 Contacting Us.
 
    4.9.1 If you are a subscriber and you have any questions, need to resolve problems, believe someone is using your account improperly, or wish to update the information you gave during registration, you may contact us by:
 
        4.9.1.1 Calling (888) 258-4949;
 
        4.9.1.2 Sending us an e-mail at sales@gloryworks.com.
 
     4.9.2 While we encourage you to use one of the methods described above to reach us, you may also communicate with us by sending a first class, postage paid letter via courier or U.S. mail to:

GloryWorks, Inc.
P.O. Box 206
Folsom, CA 95763

State of California
Department of Consumer Affairs Division of Consumer Services
Complaint Assistance Unit
P.O. Box 942507
Sacramento, CA 94258-0507
phone: 1-800-952-5210