MIDWEST INTERNET, INC. TERMS AND CONDITIONS

• PLEASE READ THIS ENTIRE DOCUMENT, ALL REFERENCED PAGES, AND ALL PAGES LISTED ON THE POLICIES AND AGREEMENTS PAGE AT WWW.MW.NET CAREFULLY BEFORE USING MIDWEST'S SERVICES OR SIGNING UP FOR AN ACCOUNT.

This Agreement ("Agreement") is by and between Midwest Internet, Inc. ("MW") and Subscriber ("Subscriber") for the provision by MW or its authorized subcontractor of certain Internet services to Subscriber. MW is an Indianapolis, Indiana based Internet Service Provider with a home page located at www.mw.net.

A listing of MW policies can be found by visiting the Policies and Agreements link at www.mw.net. MW requires compliance with these policies; violations of any may result in a Subscriber's account being suspended or terminated. MW may revise, amend or modify any of its agreements or policies at any time and in any manner. Any revision, amendment or modification will be posted at www.mw.net. Changes are effective immediately upon posting. Continued use by Subscriber of MW's services after such posting constitutes acceptance of the changes. Subscriber may also be bound by terms of separate service agreements between Subscriber and MW.

Subscribers to MW must be (1) individuals who are at least 18 years of age; or (2) corporations or other forms of business associations which understand and agree that the individual signing up for Services is authorized to bind the corporation or other form of business association to this Agreement.

Subscribers to MW are solely responsible for determining if the dial-up number being used will incur long-distance, toll or other telephone company charges. MW is not, in any way, responsible for any long-distance, toll or other telephone company charges a Subscriber may incur.

Subscriber agrees to pay in advance, on each billing period anniversary date, of sign up for the next billing period's service, and must select his/her preferred billing method. Specific information can be found at the Billing Policy and Procedure at www.mw.net. Subscribers are to provide MW with accurate, complete and current account information including, but not limited to, legal name, address, telephone number and, if paying by that method, credit card/billing information. Through this Agreement, Subscriber hereby expressly authorizes MW to automatically bill Subscriber's credit card every month for services if an automatic payment method is chosen. Subscribers are responsible for notifying MW within thirty (30) days when any account information changes. Late payment or non-payment of Subscriber's account may result in collection efforts and/or account termination.

Unless Subscriber has signed a separate agreement with MW that states otherwise, Subscriber may cancel services at any time using the Member Services pages at www.mw.net. Charges for the unused portion of the monthly bill are forfeited by Subscriber. Cancellation of services by Subscriber does not relieve Subscriber's responsibility for payment for all services up to the time of cancellation. MW may cancel services, at its sole discretion, upon thirty (30) days email notice to Subscriber.

MW requires its subscribers to follow its Acceptable Use Policy, and other policies and agreements, which can be found under Policies and Agreements at www.mw.net . MW's services may only be used for lawful purposes. Through its Acceptable Use Policy, MW strives to reduce illegal uses. Violations of any of MW's policies or agreements may result in termination of Subscriber's account.

With respect to the services provided, MW makes no warranties of any kind, whether express or implied, including, but not limited to, any warranty of merchantability or fitness for a particular purpose. MW takes no responsibility for any damages suffered by Subscriber, including, but not limited to, loss of data or other damages from delays, nondeliveries or misdeliveries of email, viruses, service interruptions or any other reasons however caused, including, but not limited to, MW's own negligence, Subscriber's errors and/or omissions, or acts of other subscribers or parties. MW does not warrant its service's compatibility with Subscriber's equipment.

This Agreement, and all MW policies and agreements, are governed by the laws of the State of Indiana without regard to conflict of laws provisions. Jurisdiction lies alone in the Federal and State courts of Indiana for disputes arising out of or under this Agreement, or any MW policy or agreement. Subscriber hereby consents to the personal jurisdiction of such courts in Indiana with regard to any matter arising between Subscriber and MW. Subscriber further hereby consents to waive his/her right of removal and to waive his/her right to a jury trial.

In the event that any one (1) or more provisions of this Agreement shall, for any reason, be held to be unenforceable by a court or other body of competent jurisdiction, such unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such unenforceable provision or provisions were never contained herein.

By clicking on the "I Agree" button, Subscriber warrants that he/she, is at least 18 years of age, and understands and agrees to the terms and conditions of this Agreement, and to all other terms listed in any Midwest Internet, Inc. policy or agreement.