AS A CONDITION TO USE OF THE SERVICE PROVIDED BY CyberAnnex Inc, YOU MUST READ AND AGREE TO THE  TERMS AND CONDITIONS SET FORTH IN THIS USER AGREEMENT.

1. The term "you" includes an individual or the authorized representative of a legally constituted entity, such as a corporation, limited liability company, or partnership. You may also be referred to in this Agreement as the "User". By signing below, you agree that you have read the terms and conditions which follow, and that you agree to abide by and be legally bound by those terms and conditions. You may, from time to time, be informed of changes and additions to the terms and conditions. Your continued use of CyberAnnex, Inc. software and services shall represent your agreement to any such changes or additions. If at any time you decide not to abide or be bound by any term or condition, you agree to immediately terminate your account with CyberAnnex, Inc. and return the software provided by CyberAnnex Inc.

2. You understand and agree that the service provided by CyberAnnex, Inc. consists solely of simplified access to  the Internet; that the Internet consists of a collection of government, educational, commercial and private computers communicating with each other without centralized direction or management; and, that CyberAnnex Inc does not limit, and cannot control the use of the Internet or any communication or content thereof.

3. You agree to use the services provided by CyberAnnex Inc only for lawful purposes, specifically, you agree;
A. To honor the protections afforded by copyrights, trademarks, or other proprietary rights which may be identified  as protecting materials or communications on the Internet, and to make only such noncommercial use of those materials as is allowed by applicable law; and B. To respect the conventions, courtesies, and ordinary rules of use  which govern access to and communication on the Internet; and C. To absolutely refrain from posting to or transmitting on the Internet through the use of CyberAnnex Inc services, any unsolicited messages to private e-mail addresses or to publicly accessed Usenet newsgroups. Doing so will result in immediate termination of your account, and you will not be entitled to a refund. If doing so causes a significant strain on CyberAnnex Inc  resources, you will be billed for the clean up costs at a rate of $250.00 per hour. D. To absolutely refrain from  posting to or transmitting on the Internet through the use of the CyberAnnex Inc services, any unlawful, harmful,  threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, or otherwise objectionable communication or material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.

4. You specifically agree that use of the services provided by CyberAnnex Inc are at your sole risk. CyberAnnex, Inc  specifically disclaims any responsibility or liability for, or warranty of, any communication or the content thereof received by you through the use of the services provided by CyberAnnex, Inc.

5. You agree to defend, indemnify and hold CyberAnnex, Inc harmless from any claim or suit of any person resulting from your use of any CyberAnnex, Inc. service or facility.

6. The services provided by CyberAnnex, Inc are without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this Agreement.

7. You agree that CyberAnnex, Inc, shall not be liable for any direct, indirect, incidental, special or consequential damages that result from your use of CyberAnnex, Inc. services including, but not limited to, reliance by you on any information obtained from the Internet; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission or any failure of performance of any kind or from any cause, including the ordinary negligence of CyberAnnex, Inc.. To the extent that any applicable law limits or prohibits exclusion or limitation of liability or consequential or incidental damages, CyberAnnex, Inc.'s liability shall be limited to the greatest extent permitted by law and in any event, shall be limited to a maximum of any fees paid by you to CyberAnnex, Inc. within 12 months preceding any claim of damage, loss, or injury.

8. In conjunction with this agreement for service, CyberAnnex, Inc. grants you a limited license to use software provided by CyberAnnex, Inc. solely and exclusively for access to the Internet through CyberAnnex, Inc., facilities in accordance with the terms and conditions of this Agreement.

9. Payment other than by authorized automatic periodic charges to a debit or credit card must be received by the business office of CyberAnnex, Inc. not later than the first day of the period for which service is provided to you. If payment is not received, the existing account will be placed into an expired state for seven days. Access to the account will be active during this "grace" period. A. If payment IS received by the business office of CyberAnnex, Inc no later than seven days past the expiration date, the payment will be applied from the expiration date through the end of the paid period. B. If the business office of CyberAnnex, Inc. no later than seven days past  the expiration date DOES NOT receive payment, the account will be automatically suspended. Once payment is received, the account will be reactivated through the end of the paid period, minus seven days.

10. Either you or CyberAnnex, Inc., can terminate this Agreement at any time by written notice. When this Agreement is terminated, if any unused access to CyberAnnex, Inc. services remains to your credit, the credit will simply be cancelled, and you will not be entitled to a cash refund.

11. This Agreement shall be governed by and construed according to the law of the state of Utah. You specifically agree with CyberAnnex, Inc. that any dispute arising from the services provided to you by CyberAnnex, Inc., whether or not specifically included within or described by the terms of this agreement, shall be submitted first for mediation, then for arbitration, before any entity agreed upon by you and CyberAnnex, Inc..