By signing up for an Open Door AFN account, you agree to the following:

1. Use of Open Door Networks to access the Internet or publish Web pages is at your sole risk. Neither Open Door, its employees, affiliates, agents or the like, warrant that the Open Door service will be uninterrupted or error free, nor do they make any warranty as to the accuracy, reliability or content of any information obtained through Open Door.

The Open Door service is provided on an as is, as available basis without warranties of any kind, either expressed or implied, including, but not limited to 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. No oral or written information given by Open Door Networks Inc., its employees, affiliates, agents or the like, shall create a warranty, nor should you rely on any such information or advice.

Under no circumstances, including negligence, shall Open Door Networks Inc. be liable for any direct, indirect, incidental, special or consequential damages that result from your use or inability to use the Open Door service, or that result from mistakes, omission, interruptions, deletions of files or e-mail, viruses, delays in transmission, or any communications failure or unauthorized access to Open Door's records or services. You are responsible for maintaining backups of any data you transfer to Open Door Networks.

Notwithstanding the foregoing, in no event shall the total liability of Open Door Networks for all damages, losses and causes of action whether in contract, tort, including negligence, or otherwise, either jointly or severally, exceed the aggregate dollar amount paid by you to Open Door in the twelve (12) months prior to the claimed injury or damage.

2. You agree to indemnify and hold harmless Open Door from all claims, suits, and expenses, including attorney fees, arising from your use of the Open Door service, including but not limited to claims for infringement of copyright, patent, trade secret, trademark and/or other intellectual property rights, defamation, damage to computer databases, and/or distribution of obscene material. This provision shall survive the termination of this contract.

3. Open Door may only be used for lawful purposes. Submission to Open Door or transmission of any material in violation of any US or state regulation is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. You agree to indemnify and hold harmless Open Door Networks from any claims resulting from your use of the service which damages you or another party.

Open Door reserves the right to prohibit conduct, communication, or content which it deems in its discretion to be harmful, or to violate any applicable law. Note that untargeted mass emailings ("SPAMMING") will not be permitted by Open Door Networks. Notwithstanding the foregoing, Open Door Networks does not have the practical ability to restrict conduct, communication or content which might violate these rules prior to transmission through or posting to Open Door Networks by another user, nor can Open Door ensure prompt editing or removal of questionable content after posting. Accordingly Open Door shall not assume liability for any action or inaction with respect to conduct, communication or content.

Transmissions through Open Door may be monitored by Open Door for compliance with the law and terms of the agreement, and Open Door does not warrant the confidentiality or security of data transmitted through Open Door.

4. Any access to other networks connected to Open Door must comply with the rules appropriate for that other network. Use of Open Door itself may be for any lawful purpose. Use of Open Door for lawful commercial purposes is both permitted and encouraged.

5. You certify to Open Door that you are not a minor under the age of eighteen (18). You agree to provide Open Door with accurate, complete, and updated information required to sign up for an Open Door account, including your legal name and applicable payment data (i.e., credit card number and expiration date). You agree to notify Open Door within thirty (30) days of any changes in this information.

Upon your signing up for an Open Door account, you may be required to select a unique password. You are responsible for maintaining the confidentiality of your password and are liable for any harm resulting from actual disclosure, allowing disclosure, or participating in the disclosure of any password. You agree to pay all connect time charges and other charges incurred by you and/or others using your account. In the event of a breach of security, you will remain liable for any unauthorized use of Open Door until you notify Open Door.

Open Door reserves the right to distribute to merchants or third parties certain information, such as your name and e-mail address.

6. Service charges are billed against your credit card monthly. The initial registration charge is billed upon the creation of your account. A current price list can be found on the Open Door Web server at http://www.opendoor.com.

You are responsible for all charges (e.g., telephone) associated with connecting to Open Door through an available access number. You are responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to connect to Open Door.

7. You may not directly resell any of the services of your account to others, including, but not limited to, storage space on the Open Door Web server. You may "aggregate" accounts for others, however, whereby you set up, maintain and pay for multiple accounts and redistribute those accounts as you see fit. Resale of Avatar account services is permitted. Reselling is defined as the following:

Charging others for any of the following within your account:

• a Web page or Web pages
• disk storage
• statistics on access to a Web page or Web pages
• a specific URL

Reselling also includes providing any of the above for no additional charge with a product or service which you charge for.

Reselling does not include charging for "classified" style advertising within your account, providing multiple classified ads from multiple customers are stored on the same Web page.

8. Open Door reserves the right to change the rates and otherwise modify these Terms and Conditions at any time. Any modification is effective immediately upon notification by either a logon message from Open Door, electronic mail, or conventional mail. If any modification to the Open Door Terms and Conditions is unacceptable to you, you may immediately terminate your account. Your continued use of Open Door following notice of modification to the Terms and Conditions shall be conclusively deemed as acceptance of such modification.

9. Either you or Open Door may terminate your account and this contract at any time through appropriate notification in writing or via e-mail. Termination by you is effective at the end of the current month.

10. These Terms and Conditions constitute the entire and only agreement between Open Door and you with respect to the Open Door service. Open Door may discontinue or alter any aspect of the Open Door service, including, but not limited to, restricting (i) the time of availability, (ii) the amount of use permitted, and (iii) restricting or terminating your right to use Open Door, at Open Door's sole discretion and without prior notice or liability.

11. These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with other terms and conditions.

12. Use of Open Door, either through logging in to the service or through submitting information to be made available through Open Door, constitutes acceptance of these Terms and Conditions.

13. In the event that any portion of these Terms and Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms and Conditions shall remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms and Conditions.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Oregon, except with regard to its conflicts of law rules. Each party irrevocably consents to the exclusive jurisdiction of the courts of the State of Oregon and the federal courts situated in the State of Oregon in connection with any action arising under these Terms and Conditions. Any cause of action by you with respect to Open Door must be commenced within one year after the claim or cause of action arose, or be barred.