AGREEMENT OF

TERMS OF SERVICE

            Here are the rules that govern the use of the TBBS Network, Inc. service.  By virtue of having a TBBS account, you agree to these terms of service and are bound by them. If you do not agree with the terms of service, please contact our customer administrative office at (419) 877-1109 to cancel your account.

Internet Service Provider Agreement

            This Agreement is between JB Web Marketing, Inc. dba TBBS ("TBBS" or "we"), an Ohio corporation having an address of 10902 Maumee St., P.O Box 2398, Whitehouse, Ohio 43571 and                                                                               ("you" or the "Customer"), an                                                 , having an address of                                                                .

1. Your Contract.

1.01 Your contract obligates you. This is your contract with TBBS. By using TBBS Services, you agree to this contract. This agreement is the entire agreement between TBBS and you. It supersedes all prior agreements between TBBS and you.

1.02 Use of TBBS Services means you will follow all of the terms of this agreement. You should carefully read this agreement because it obligates you even if you have not read it. By using TBBS Services, you agree to follow all of the terms of this contract. You may not use TBBS Services unless you agree to follow this agreement and changes to it. If you are unwilling to comply with all of the terms of this agreement and all changes to it, do not use TBBS Services, and notify TBBS immediately by calling TBBS customer administrative office at (419) 877-1109.

1.03 Changes to the contract. TBBS may change this agreement at any time. A change will take effect the first time that you use TBBS Services after the change has been posted on the TBBS Home Page (http://home.TBBS.net/news/Terms.html) for thirty (30) days or after it has been sent to you by e-mail or conventional mail. You are responsible for reviewing the Home Page to be aware of changes. All changes will become effective even if you have not received or do not read the changes.

1.04 You are responsible for use of your account; unauthorized use; supervising minors. You are responsible for:

[1] ensuring full compliance with this Agreement by all users of your account;

[2] all use of TBBS Services using your access codes, including unauthorized use;

[3] protecting your access codes from unauthorized use and detecting unauthorized use in a reasonably prompt time;

[4] supervising others using your accounts;

[5] liabilities resulting from use of your accounts, including responsibility for all Content accessed using TBBS Services or the Internet;

[6] holding TBBS harmless from such activities; and

[7] supervising minors using your account.

You alone are responsible for the decision to allow others to use your account.

1.05 Minimum age. You certify that you are at least eighteen (18) years old.

1.06 DSL Service Contract. All DSL Service plans require a one year commitment. This can be paid monthly. An additional $2 a month will be deducted from the cost for prepayment of services for 1 year.

2. Services that TBBS provides.

2.01 TBBS Services. TBBS is an Internet service provider ("ISP"). It offers computer, interactive information, communication, and transaction Services allowing Internet access, IRC chat, Internet news services, bulletin boards, private networks, and other communications outlets (collectively, "TBBS Services"). TBBS grants you a non-exclusive, non-transferable right to use TBBS Services. This right is called your "account". You may access TBBS Services through a personal computer, or other access device and a communications connection (e.g. modem, telephone line). Your use of the TBBS Services will be billed to your account, which you must pay on receipt of each bill.

2.02 Limitations on TBBS Services. TBBS Services are subject to the following limitations:

[1] You must comply with this agreement and changes to it.

[2] A single user account may not use TBBS Services on more than one device at any one time. Multiple dial-in accounts are available for an added fee.

[3] TBBS Service is available on a first come, first serve basis; i.e., there is no guarantee that connections will not be busy.

[4] You will be limited to 20 MB of electronic mail storage. You must ensure that your unread and stored electronic mail do not exceed 20 MB.

[5] You will comply with the Code of Conduct as prohibited in Section 5 of this Agreement.

[6] Unlimited access is restricted to 350 hours month. You will be restricted access to the system after reaching this limit. You will not be billed for any overages and you account will be reactivated the next month.

[7] TBBS may allocate system resources among all members. TBBS may limit, restrict or prioritize access to system resources, including CPU time, memory, and disk space.

2.03 Personal accounts may not be used for certain purposes. If your account is for consumer uses, you may not use your account for purposes that exceed a reasonable bandwidth for personal use. TBBS Services for personal use are intended for periodic, active use of electronic mail, Usenet newsgroups, file transfers via ftp, internet relay, chat, interactive games, and browsing of the World Wide Web.  Operating server programs for mail servers, IRC servers, ftp servers or web servers are examples of impermissible use.

3. Your Account.

3.01 Account.

(a) Account information. You shall give us accurate, complete, and current registration information ("Member Registration Data"), including your legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). You shall notify TBBS within thirty (30) days of any changes in Member Registration Data.

(b) Password; account; screen name. You will receive a password, a "master account", choice of an associated screen name, and the ability to have "sub-accounts" with associated screen names. You may not select a screen name of another person, a name in violation of a third party’s property rights, or a name that is offensive or otherwise inappropriate. TBBS owns all screen names and licenses them to you.

(c) No use by terminated member; no transfer. You may not permit anyone who has had TBBS membership terminated to access TBBS Services. You may not transfer any of your accounts.

3.02 Charges. You are responsible for all activities and charges under your master account and sub-accounts, including all charges for unauthorized uses.

(a) Connection costs. You shall pay all charges (e.g., telephone) associated with connecting to TBBS Services through an available access number. You shall be responsible for and pay for all telephone access lines, telephone and computer equipment (including modem), and other access devices, necessary to access the TBBS service. Depending on your location, the nearest access number may not be a local telephone call, and you may be subject to long distance charges.

(b) Monthly fees. You shall pay all monthly fees, connect time charges, surcharges, applicable taxes and other charges incurred on your account. This means that you will be liable for any unauthorized use of the TBBS service on your account until you notify TBBS by calling (419) 877-1109 (customer service). The fees that you pay will depend on the TBBS Services that you use, and will depend on whether your account is used as a personal account or as a business account. The determination will depend on the volume and type of TBBS Services that you use, not whether you operate a business.

(c) Current fees; changes in fees. You may get current rates by calling (419) 877-1109 or through TBBS’s Dialup Page at http://www.tbbs.net/redirect.asp?site=/services/dialup.htm.  Applicable taxes will be added to the rates and billed to you. TBBS may increase fees or add new fees at any time upon thirty (30) days notice. TBBS may reduce fees without notice.

(d) Credits lost on canceled accounts. On-line time credits or other credits will not be paid for accounts that are canceled.

(e) Late payment interest. If TBBS does not receive full payment within thirty days (30) days of the billing date, you will be charged interest at the rate of 1.5% per month or 18% per annum. You will be liable for all attorney and collection fees arising from TBBS’s efforts to collect any unpaid balance of your account.

3.03 Credit cards; electronic funds transfer. If you pay by credit card or electronic payment and if TBBS does not receive the payment, you shall pay your account upon demand by TBBS. TBBS may accumulate charges during a billing cycle and submit them as one or more aggregate charges. This means that accumulated (not itemized) charges may appear on your credit card or bank statement. Each use of TBBS Services on your account is your reaffirmation that TBBS may charge your credit card or withdraw funds by electronic funds transfer.

3.04 Billing errors. If you do not notify TBBS of any errors within ninety (90) days after they first appear on your statement, they will be treated as accepted by you for all purposes. You release TBBS from all liabilities resulting from any error that you do not report within ninety (90) after it first appears on your statement.

3.05 DSL Early Termination.     Early termination or cancellation of services provided by the  customer prior to the end of the agreed one year customer contract period will result in an early termination penalty, as follows:     Within first 6 months: $250 or Within the 7^th through 11^th month: $150

4. Division of Responsibilities between you and TBBS.

4.01 General division of responsibilities between you and TBBS; Content. TBBS Services are somewhat similar to a telephone company’s Services. TBBS Services provide a medium by which others transmit and store information. TBBS has no control over the information that is transmitted or stored by others. The information is called "Content". "Content" is what your computer converts into what you see on a computer screen and see, hear, and touch in other media generated by your computer, such as printed information, audible communications, pictures, video, and music.

(a) You are responsible for Content. You are responsible for all Content received, transmitted, posted, or stored using your account. You must evaluate, and bear the risk associated with any reliance on the accuracy, completeness, propriety, or usefulness of all Content. You alone shall remain solely responsible for the content and legal consequences of Content transmitted, received, or posted in any way involving your account.

(b) TBBS not responsible for Content. Except for a small amount of Content on TBBS’s Home Page, Content is generated by third parties. Accordingly, TBBS does not have any liability for any Content. TBBS shall not be in any way responsible or liable for [1] any content transmitted, received, stored, or posted using your account; [2] any transactions involving your account in any way; [3] any information posted on the Internet or any Internet site, including any Internet Site maintained by TBBS for third parties; [4] any loss or damage caused or alleged to have been caused by use of or reliance on any Content or any goods or Services offered or purchased through the Content; or [5] any Public areas Provided by TBBS.

4.02 The Internet. TBBS offers you access to the Internet. The Internet is not owned, operated, or managed by TBBS or any of its affiliates. Your use of the Internet is solely at your own risk. This paragraph applies even where TBBS links to a Web site.

4.03 Warning. Internet Content and goods and Services offered by Content include materials that are dangerous, unedited, sexually explicit, hurtful, defamatory, or otherwise improper or offensive. Some Content may be inaccurate. Some Content may include computer Code that may be harmful to your computer, to information stored on your computer, and to networks to which your computer is connected.

(a) Your responsibility for safe use of TBBS Services. You alone are responsible for proper and safe use of TBBS Services and for adopting appropriate safeguards (including backup) to protect your information and computer and any network to which your computer may be attached. TBBS will not be responsible for lost or inaccurate information; inability to access TBBS Services as a result of busy periods, maintenance, or inoperable equipment; or damages caused by downloaded files. Examples of matters for which TBBS will not be liable include, but are not limited to, your reliance on any information obtained using TBBS Services; mistakes, omissions, interruptions, or deletion of files or e-mail; errors; defects; viruses; delays in operation or transmission; any failure of performance or communications; theft, destruction, and unauthorized access to TBBS’s records, programs or Services whether or not caused by acts of God or other circumstances beyond the reasonably cost effective control of TBBS. The limitations of this subsection apply even if you have notified TBBS of possible damages.

 (b) Third party transactions and advertisements; TBBS is not an agent. Your access to the Internet will allow you to communicate with third parties, to send to and to receive from third parties advertisements, solicitations, and other information ("Solicitations"), and to enter into transactions with third parties ("third party transactions"). You alone are responsible for all aspects of all third party transactions. TBBS is not responsible for any Solicitations or actual or attempted third party transactions. TBBS is not your agent or the agent of anyone whom you contact or who contacts you using TBBS Services. TBBS is not a party to any third party transaction and will not be liable in any way for any cost or damage arising either directly or indirectly from any Solicitation or actual or attempted third party transaction.

4.04 TBBS does not monitor Content; TBBS may remove offensive Content. TBBS does not have the capability to monitor, review, or restrict Content or goods or Services made available through the Internet.  TBBS will not monitor the Content transmitted, received, posted, or stored through your account. Accordingly, TBBS and its affiliates disclaim all responsibility or liability for all Content, goods and Services available on or through use of TBBS Services. TBBS may examine Content from time to time for security reasons and may remove dangerous Content at its sole discretion.

4.05 Intellectual property rights.

(a) Others’ rights. You acknowledge the following:

[1] Content includes materials that are protected by copyrights, trademarks, and other intellectual and proprietary rights ("Rights");

[2] The Rights protect Content regardless of the media or technologies existing now or later developed; and

[3] Applicable copyright and other laws govern your use of Content.

You may upload to software files, to message boards, or otherwise transmit on or through TBBS only if the Content [1] is not subject to any Rights, or [2] the holder of Rights to the Content has you to distribute the Content.

(b) Your rights. By sending Content to any "public area" using TBBS Services (e.g., message boards), you grant TBBS and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right and license to use the Content in any way. You also permit all others who access the Content to display, view, store and reproduce the Content for personal use. You also warrant that the holder of any Rights has authorized you to grant this license.

4.06 Viruses. TBBS may employ virus-checking technology to protect its system and its members from viruses. You are responsible for controlling viruses on your computer, including controlling computer code that is downloaded using your account. You are responsible for damages caused by viruses and downloaded code to your computer, information on your computer, and computers to which your computer is networked or with which you share storage media.

5. Code of Conduct; damages.

5.01 Code of Conduct. You shall comply with the following code of conduct, you shall not facilitate a breach of the code of conduct, and you shall use reasonable efforts to prevent, to correct, and to assist in the correction of any violation of the code of conduct by anyone using TBBS Services, including all authorized and unauthorized users of your account.

[1] You shall comply with all laws, and shall not use TBBS Services in a manner that violates any law or regulation or facilitates the violation of any law or regulation.

[2] You shall not interfere with, interrupt, or otherwise disrupt the use of or access to the computers, computer Services, or facilities of TBBS or third parties (including other users of TBBS and other computers on the Internet) by any means. "Disruption" or "disruptive conduct" includes, but is not limited to, using TBBS Services to do, attempt to do, or to facilitate doing any of the following:

[a] disseminate computer worms, viruses, and related types of code, whether or not the dissemination causes any damages to anyone;

[b] disseminate unsolicited advertising;

[c] make unauthorized access to other sites, information, products, or Services of TBBS or any third party’

[d] impersonate TBBS personnel;

[e] post material in any USENET or newsgroup that is off-topic according to the charter or other public statement of the USENET or newsgroup;

[f] solicit other TBBS members to patronize competing Services; and

[g] tamper with any security for TBBS Services or use another member’s account name or persona without authorization.

[3] You shall not use TBBS Services in any way to cause to be contained, published, displayed, or disseminated (collectively, "Broadcast") in any way, or to facilitate in any way the Broadcast of, any material that TBBS deems in its sole discretion to be abusive; an invasion of privacy, a violation of rights of third persons, excessively violent; harmful; hateful; illegal; libelous, slanderous, or otherwise defamatory; threatening; unlawful; or otherwise harassing, objectionable, offensive, unacceptable, or undesirable (collectively "offensive material").

[4] You shall not:

[a] harass, threaten, embarrass, or cause distress, unwanted attention or discomfort upon another user of TBBS Services or upon any other person or entity;

[b] disrupt the normal flow of dialogue in a chat room or on a message board or otherwise act in a manner that negatively affects other Members, users, individuals or entities;

[c] impersonate any person or entity, including, but not limited to, a TBBS representative, or communicate under a false name or identity or a name that you are not entitled or authorized to use;

[d] post or transmit, or cause to be posted or transmitted, chain letters or pyramid schemes;

[e] post or transmit, or cause to be posted or transmitted, any unsolicited advertising, promotional materials, or other forms of solicitation; and

[f] intentionally or unintentionally violate any local, state, national, international or foreign law, including, but not limited to, any rules or regulations having the force of law.

5.02 Remedies. If TBBS is made aware or becomes aware of Content that is offensive material or that your TBBS account is being used in violation of this code of conduct, TBBS has the right, but not the obligation, to do one or more of the following without notice: [1] remove or deny access to offensive material; [2] terminate your account; [3] block offensive e-mail communication, including, but not limited to, mass e-mail solicitations, or "junk e-mail"; and, [4] require you to pay TBBS damages at the rate of $10 per day for an unintentional violation of the Code of Conduct and $200 per day for willful violations. TBBS at its sole discretion shall determine whether a violation was unintentional or willful. Your payment under this section shall not prevent TBBS from seeking other remedies. Damages are compensation for lost good will and costs for resolving problems caused by your breach of the code of conduct. TBBS shall not be liable to you for any action TBBS takes under this section.

6. Privacy. We will limit the collection and use of personal information to what is necessary or helpful to administer our business, to provide you with service, and to offer you opportunities.

6.01 The Internet. TBBS is an online service that allows access to the Internet, but is not the Internet. TBBS does not control the content, Services, or areas available through the Internet (with minor exceptions, such as the TBBS home page), and providers of Internet sites or Services have data and privacy practices independent of TBBS.

6.02 Mailing lists. TBBS will not make available it’s subscriber list to any business or individual.  The members mailing list at members@tbbs.net  is for individual communications between members for non commercial use only.

6.03 Privacy of communications. You are responsible for protecting the privacy of information that you send or access. TBBS treats private communications on or through TBBS as confidential. However, you acknowledge that [1] communications over the Internet are not under the control of TBBS, [2] sites that you visit and to which you send communications (such as e-mail) collect information from you through your computer, [3] some sites will not allow you access unless you permit them to collect information, and [4] your communications may be used or disclosed by the intended recipient(s) without restrictions relating to privacy or confidentiality.

7. No warranty; limitation of remedies.

7.01 Disclaimer of warranties. TBBS makes no express or implied warranties of any kind: there are no express or implied warranties of merchantability or fitness for a particular purpose.

No oral or written advice or information by any TBBS employee or other representative shall create a warranty; and you may not rely on any such information or advice as a warranty.

7.02 Access not guaranteed. TBBS provides TBBS Services on a commercially reasonable basis and does not guarantee that members will be able to access the service at a time or location of their choosing, or that it will have adequate capacity for the service as a whole or for particular products.

7.03 TBBS not responsible for third party products. TBBS does not endorse, warrant or guarantee any product or service offered to you through your use of TBBS Services. See § 4.03(b).

7.04 Limitation of Remedies. Neither TBBS nor anyone else involved in creating, producing or distributing the TBBS Services shall be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use TBBS Services. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages in consumer transactions, in such states or jurisdictions, TBBS’s liability shall be limited to the extent permitted by law for consumer transactions.

8. Indemnification. Upon TBBS’s request, you shall defend, indemnify and hold harmless TBBS, its affiliated companies, its employees, contractors, officers, directors, telecommunications providers, from all liabilities, claims, and expenses, including attorneys’ fees, that arise from breach of any provision of this agreement by use of, or in connection with, the transmission of any Content on TBBS or the Internet by or through your accounts. TBBS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, Member shall have no further obligation to provide indemnification for such matter.

9. Termination.

9.01 Termination by you or us; only remedy. Either you or TBBS may cancel your membership at any time. This is your sole remedy for any dissatisfaction with TBBS, including, but not limited to, (1) this agreement or policies or practices of TBBS, (2) Content available through TBBS, or (3) any fees or billing methods. You may terminate your membership by delivering notice to TBBS’s Customer Service Department at 1-419-877-1109, or by sending your cancellation request via US Mail to: JB Web Marketing, Inc., P.O. Box 2398, Whitehouse, Ohio 43571. Your termination will take effect within a reasonable time after TBBS receives your notice.

9.02 Effect of termination. If your account is terminated or canceled, no refund, including any membership fees, will be granted, and no online time or other credits (e.g., points in an online game) will be credited to you or can be converted to cash or other form of reimbursement. Members whose accounts TBBS has terminated may not access TBBS without TBBS’s prior written permission. You may not allow a member whose membership has been terminated to use your accounts.

10. Law. If any part of the this agreement is held invalid or unenforceable, that part shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining parts remain in full force and effect. The laws of the State of Ohio, excluding its conflicts-of-law rules, govern the agreement and your membership. Your conduct may be subject to other local, state, and national laws. You consent to exclusive jurisdiction for any claim or dispute resides in the federal and state courts sitting in Lucas County, Ohio. You consent to the exercise of personal jurisdiction in the State of Ohio concerning any dispute or claim involving TBBS.

2007 Copyright JB Web Marketing