THIS SUBSCRIPTION AGREEMENT (hereinafter "Agreement") is made and entered into between EnterSoft, L.L.C (hereinafter "EnterSoft"), a North Carolina limited liability corporation, their web division, esn.net and esn.net customers (hereinafter "customer").

1. Access to esn.net.
A. Upon execution of this Agreement, customer subscribes to EnterSoft's Internet service (hereinafter "esn.net") in accordance with this Agreement.
B. You agree and understand that "unlimited access" does not guarantee that you will always be able to access esn.net, or that you will never be disconnected. Rather, "unlimited access" means that your monthly account invoice shall be based upon a flat fee regardless of actual access, and shall not be based upon actual connect time and/or access.
C. No limit on hours used, but this is not intended to be a full time connection. Line will be disconnected after 15 minutes of inactivity. Customer agrees not to provide any public information services over this connection, not to use any automatic method to avoid inactivity disconnect, and to keep the connection active only when the member is actively using it.

2. Passwords
A. During the term hereof, EnterSoft shall provide customer with access to esn.net by supplying customer with a unique security code(s) (hereinafter "Password"). Passwords will be the manner of access to esn.net when access is gained through public dial-up telephone equipment and services.
B. EnterSoft will use its best efforts to provide a requested Password to customer, but may deny the same based upon considerations including but not limited to security, confusion with other Passwords, offensiveness or infringement upon proprietary and legal rights of others.
C. Based upon the considerations identified in Paragraph 2.B above, EnterSoft reserves the right to change an existing Password.

3. Fees and Charges
A. In consideration of its connection and access to esn.net, Customer shall pay to EnterSoft, in advance, the monthly use fee associated with the requested services as identified in the schedule described above.
B. Monthly use fees as identified above are subject to change upon thirty (30) days written or electronic notice.
C. Accounts in default are subject to current reconnection fees.

4. Customer restrictions and duties
A. Customer shall comply with all proprietary and restrictive notices that may appear in and on esn.net or information and files accessed through esn.net.
B. Customer shall be responsible for maintaining the security of the Password(s) issued to Customer.
C. Customer shall make efficient use of esn.net and any service or system available through esn.net.
D. Customer shall not upload, download, communicate or transmit any software or information in violation of copyright laws or other proprietary rights, or would violate any other federal, state or local law or regulation.
E. Customer shall not use esn.net to transmit any information, communication, software or similar where the contents of the same, or its transmission or distribution, would violate any federal, state or local law or regulation, or would be highly offensive to anyone with access to the same.
F. Customer shall not use any esn.net personal account for commercial purposes. Customer may not redeliver or redistribute to third parties for commercial or common use any services or products provided by or available through esn.net.
G. Customer agrees to abide by the Usage Conditions and Terms as contained online in the Usage Conditions and Terms Screens, as now exist or may from time-to-time be amended.

5. Warranty. EnterSoft makes no warranty, express or implied, as to its services in connection with esn.net, use thereof, or the accuracy or correctness of any information available through esn.net including, but not limited to, any warranties or merchantability or fitness for any particular purpose. esn.net exercises no control whatsoever over the information from the Internet passing through it.

6. Limitation of liability. In no event shall EnterSoft be liable to customer for any indirect, special or consequential damages or lost profits arising out of or related to this agreement, the performance or breach thereof, or the accuracy or correctness of the information available through esn.net, even if EnterSoft has been advised of the possibility thereof. Customer waives any and all claims against EnterSoft whether in tort, contract, or strict liability, and will indemnify and hold harmless EnterSoft from any such claims.

7. Term. The term of this Agreement shall be until either party terminates the same, upon thirty (30) day written or electronic notice. Customer shall be responsible for all charges identified in Paragraph 4 above through the effective date of termination. Notwithstanding termination by notice as identified herein, EnterSoft reserves the right to immediately terminate Customer's subscription due to any breach of this Agreement or policies of esn.net.

8. General.
A. Entire Agreement: This Agreement is the entire agreement between the parties relating to the subject matter hereof and supersedes all prior understandings, writings, proposals, representations or communications, oral or written, of either party. This Agreement may be amended only by an instrument executed by both parties.
B. Assignment: Customer shall not assign any right, obligation, or liability arising hereunder without EnterSoft's prior written consent . Any such assignment or attempted assignment shall be null and void.
C. Applicable Law: This Agreement shall be interpreted in its entirety in accordance with the substantive laws of the State of North Carolina.

9. You agree and understand that "unlimited access" does not guarantee that you will always be able to access esn.net, or that you will never be disconnected. Rather, "unlimited access" means that your monthly account invoice shall be based upon a flat fee regardless of actual access, and shall not be based upon actual connect time and/or access.

All material is used with permission. Some material may be copyrighted by other sources and is protected under law by their respective copyrights. Please check the bottom of each document contained herein and respect any and all copyright notices. Use of the esn.net® WWW server constitutes acceptance of all esn.net® policies.

Copyright 1999 EnterSoft, L.L.C.. All rights reserved. esn.net is a service mark of EnterSoft, L.L.C.. Other products and services names appearing on the esn.net domain; may be trademarks and service marks of their respective owners.

EnterSoft, L.L.C. makes no representations and accepts no responsibility for the accuracy and contents of any information or services provided on esn.net. Views expressed herein do not necessarily reflect those of EnterSoft, L.L.C..

EnterSoft, L.L.C. encourages full and fair use of esn.net and all services and information therein. Unlawful, infringing, harassing, sexually explicit or obscene uses thereof shall not be tolerated. Any such use shall result in the immediate termination of access to esn.net and cancellation of your subscription.