TERMS AND CONDITIONS 1. ACCEPTANCE. Request for and receipt by client of a Global Access Username and password assigned to client by G-A Technologies ("G-A") which will enable client to use the Global Access OUTDIAL SERVICE on the data networks that Global Access utilizes shall constitute unconditional acceptance by the client of these terms and conditions. 2. SCOPE OF SERVICE. (a) Subject to clients payment of Global Access rates, Global Access grants to client the right to use the Global Access OUTDIAL SERVICE on various packet switching networks and other communications networks as Global Access may utilize, to place long distance calls by computer to locations distant from the clients access location. (b) Client shall also be permitted unlimited access to the Global Access GLOBAL DATA NETWORK at no additional cost other than the Global Access connect charges so long as this agreement is in force and client abides by the rules in effect on Global Access. 3. EQUIPMENT. Client affirms that he/she is knowledgeable in the use of computer equipment, terminal software programs, and communications protocols and agrees to hold Global Access and G-A harmless from any loss of data, time, or money due to failure to properly utilize the service. 4. RATES AND CHARGES. Current rates and charges are set forth in the Global Access Information area on the Global Access Customer Service System and client agrees to check the posted rates often to determine if the rates have been changed. Client shall pay all Global Access charges, including a monthly maintenance fee, any telephone company charges as a result of placing calls from a Global Access outdial port, plus any additional charges for transferring characters through the network as set forth in the Global Access rates, without protest and by the payment method as indicated on the face of this agreement. Failure to pay said charges when due, the inability of Global Access to gain payment of the charges through the clients credit card, or the clients contesting said charges to his bank, shall be cause for Global Access to cancel, suspend, or revoke clients account at option and client agrees to hold Global Access or G-A harmless from any claims resulting in clients inability to use the service. Client agrees to pay all charges for the use of the service, including the monthly maintenance fee for any period on which client has had possession of a valid Global Access Username and password. Should this agreement be cancelled due to the clients refusal to pay any sums when due, then the client agrees that all costs of collection, including reasonable attorneys fees, collection agents charges, and an amount equal to fifteen percent of the amount due shall be added to the sums due. 5. TERM OF AGREEMENT. The term of the clients agreement shall commence upon the date of receipt by Global Access of the clients properly completed clients agreement, and shall continue until this agreement is terminated as provided herein. 6. NOTICES. All notices from client shall be sent to Global Access at Post Office Box 31474, Charlotte, North Carolina 28231. All notices to client shall be sent to client at the address provided on the clients agreement or as modified in writing by the client. 7. USERNAME AND PASSWORD. Global Access shall assign and issue to client Usernames and passwords for use by client to gain access to the Global Access service. Issuance by Global Access shall mean verbal or written issuance of such Username and password by an authorized representative of Global Access, via telephone, U.S. Mail, electronically, or by courier service, respectively, when the client has requested such Username and password and has presented to Global Access evidence of intent to provide payment for access to the Global Access Service by signing the clients agreement or authorizing Global Access to charge the costs for the Global Access Service to an established credit account of client. Utilizing the Global Access Service after receipt of this agreement shall constitute acceptance of the terms of this agreement. Said client Username, and password shall be kept strictly confidential by client and shall be used solely by client and not by any other individual to gain access to the Global Access Service. Client is responsible for all charges incurred by the use of the supplied Username and password. 8. ELECTRONIC MAIL. Client understands that due to the intricacies of the equipment and software use, Global Access and G-A cannot guarantee the security and privacy of any electronic message to other clients and agrees to not hold Global Access or G-A responsible for third parties gaining access to said messages. The Client understands that Global Access will endeavor to maintain the integrity of the messages but may be required to read such messages while performing maintenance and repairs to the system. 9. DISCLAIMER OF WARRANTY. In no event shall Global Access or G-A Technologies, Inc., be liable for indirect or consequential damages arising from the use of the services provided. G-A is not an agent of any system that may be accessed by Global Access, and is responsible only for providing access to those systems and other services as provided herein. Client agrees to hold Global Access and G-A harmless for failure to gain access to the service or other systems due to but not limited to equipment failure or acts of God. GLOBAL ACCESS OR G-A TECHNOLOGIES, INC., SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR LOST PROFITS, LOST OR DAMAGED DATA, OR FOR DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO DIRECT, INCIDENTAL, OR CONSEQUENTIAL OR PUNITIVE DAMAGES. GLOBAL ACCESS AND G-A MAKE NO OTHER WARRANTY EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 10. TERMINATION. Client may terminate the Global Access clients agreement upon thirty (30) days prior written notice to Global Access. Global Access may terminate this agreement for non-payment of charges or other substantial cause immediately upon learning of such cause or with ten (10) days written notice to client without cause. 11. GLOBAL ACCESS is a registered trademark of G-A Technologies, Inc., and shall not be used by any party in any way without the express written consent of G-A Technologies, Inc. 12. ASSIGNMENT. Client may not assign this agreement to another individual or entity without the express written permission of Global Access. 13. APPLICABLE LAW. This agreement shall be governed by the laws of North Carolina.