(a) Customer understands that Customer and its customers or authorized users may access the Internet through our service. Customer understands further than neither Cyberbasin Internet Services (CBIS) nor any of its affiliates operates or controls the Internet in any way, and that all merchandise, information and services offered, made available or accessible on the Internet are offered, made available or accessible by third parties who are not affiliated with CBIS or its affiliates. CUSTOMER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR CUSTOMER'S USE AND ITS CUSTOMERS' AND AUTHORIZED USERS' USE OF THE SERVICE AND THE INTERNET. NEITHER CBIS NOR ITS AFFILIATES MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE INTERNET, AND THEY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY CUSTOMER'S RESPONSIBILITY AND CUSTOMER'S CUSTOMERS' AND AUTHORIZED USERS' 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 THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.

(b) CUSTOMER UNDERSTANDS FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO SOME PEOPLE.  CUSTOMER, CUSTOMER'S CUSTOMERS AND CUSTOMER'S AUTHORIZED USERS ACCESS SUCH MATERIALS AT CUSTOMER'S OWN RISK.  CBIS HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

(c) THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY CBIS, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER CBIS NOR ITS AFFILIATES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

(d) UNDER NO CIRCUMSTANCES SHALL CBIS, ITS AFFILIATES OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM CUSTOMER'S (OR CUSTOMER'S CUSTOMERS' OR AUTHORIZED USERS') USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR CUSTOMER'S (OR CUSTOMER'S CUSTOMERS' OR AUTHORIZED USERS') RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.

(e) If Customer is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of CBIS in operating the Service, Customer's sole and exclusive remedy is to terminate this Agreement in accordance with Section J (below) and discontinue using the Service.

(f) CBIS has no obligation to monitor the Service. However, Customer agrees that CBIS has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. CBIS will not intentionally monitor or disclose any private electronic-mail message unless required by law. CBIS reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement. CBIS will not sell customer information to any other business or service unless requested by customer.

(g) Customers shall pay, in accordance with provisions of the billing options selected which are credit card (Master Card, Visa, American Express or Discover card) or prepayment. In the case of business accounts a valid purchase order with monthly billing is required. Terms of payment on all charges are net (1) in the currency in which billed. If any payments due hereunder is not made by the customer in (30) days after the invoice date, late charges of one and one half (1 1/2%) per month shall be due and payable with respect to such payment and (CBIS) may, in addition, at its sole discretion and with out notice to the customer (a) suspend its performance under this agreement and the customer's and its designated user's access to an use of service, or (b) terminate this agreement and customer's and its designated users access to and the Service. Customers shall be responsible for all use of the Service accessed through customer's or its Designated Users password(s).

(h) Customer is responsible for and must provide all telephone and other equipment, software and services necessary to access the Service, unless provided by CBIS upon sign-up.

(i) Except as expressly permitted by CBIS in writing, customers may not redistribute this service or resell access or service which they receive from CBIS. Customers may not solicit directly any CBIS customer for business or service.

(j) Customer specifically acknowledges that customer must submit in writing to CBIS to cancel service. CBIS will not accept termination of customers account in the form of email or voice message. The only way for a customer to terminate their account is to submit the termination to CBIS via telephone with required ID and/or in writing to the following address:

Cyberbasin Internet Services
407 N. Big Spring
Midland, TX  79701

(k) Closed accounts will have email accounts deleted 15 days after termination of account. CBIS will have no responsiblity for deleted email on closed accounts.

(l) CBIS reserves the right to terminate service without notice at anytime for any mis-conduct or network abuse - including abuse of email, spamming other networks. 

(m) Spamming another network using our email servers can result in termination of your account and / or loss of use of our email servers.

(n) CBIS reserves the right to investigate any potential network abuse by either or monitoring email, connections, log files and/or other means for investigation.  Serious offenses will be reported to the Special Crimes Division of Texas.