1.1       General. This Terms of Use Policy sets forth guidelines for acceptable use of Truckstop.net's Internet Access Service ("Truckstop Service"), and use of the Truckstop Service is subject to, without limitation or qualification, this Terms of Use Policy.

Users must also comply with all terms and conditions of applicable agreements, and with any additional policies that may be applicable to a specific service offered by Truckstop.net ("Truckstop"). By logging onto our networks with a Truckstop Service account, Users are deemed to have read and agreed to all of the terms and conditions of this Terms of Use Policy. Additionally, Users acknowledge that they are over eighteen (18) years of age and therefore are able to make this binding contract with Truckstop.

1.2       Definitions. As used in this Terms of Use Policy, the following terms shall have the respective meanings set forth below:

Truckstop includes, without limitation, and any division, subsidiary, affiliate, or parent corporation of Truckstop.net.

1.3       Conformance With Policies of Other ISPs. In situations where data communications are carried across networks of other Internet Service Providers (ISPs), users of theTruckstop Service must also conform to the applicable acceptable use policies of such other ISPs.

1.4       Revisions. Truckstop reserves the right to modify this Terms of Use Policy at any time without notice.

1.5       CONTENT. CERTAIN SITES MAY NOT BE AVAILABLE OR ACCESSIBLE THROUGH THE TRUCKSTOP SERVICE. TRUCKSTOP RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO (1) DETERMINE THE SITES THAT WILL BE AVAILABLE OR ACCESSIBLE THROUGH THE TRUCKSTOP SERVICE, (2) BLOCK ACCESS TO CERTAIN SITES, AND (3) NOT LIST OR LINK TO CERTAIN SITES. USERS ACKNOWLEDGE AND AGREE THAT BY SUBSCRIBING TO THE TRUCKSTOP SERVICE THEY AGREE TO BE BOUND BY TRUCKSTOP'S TERMS OF USE POLICY, WHICH INCLUDES TRUCKSTOP'S RIGHT TO CONTROL ACCESS TO CERTAIN SITES.

1.6       Disclaimer. The Internet is a public forum, and therefore some of the material posted may be offensive to you. You accept this risk when accessing such products, services or contents on the Internet. Truckstop assumes no liability for any claims resulting from access to such products, services or content available on the Internet.

2.1       General. All users of the Truckstop Service are required to comply with this Terms of Use Policy, as well as all applicable laws and regulations. Use of the Truckstop Service is restricted to personal, non-commercial use. Without limiting the generality of the foregoing, in no event shall any user be permitted to use the Truckstop Service for commercial purposes, without the express written consent of Truckstop, including without limitation any use relating to sales or marketing of Truckstop' products or services.

2.2       Goals. Truckstop seeks to promote a high level of responsible behavior in connection with the use of the Internet, and has formulated this Terms of Use Policy to accomplish the following goals:

To protect the reputation and resources of Truckstop and its subscribers from irresponsible or illegal activities.

To ensure the privacy, security, and reliability of the Truckstop Service, the network and systems of Truckstop subscribers.

To establish guidelines for the acceptable use of the Truckstop Service.

To define generally those actions which Truckstop considers abusive and prohibited.

To outline procedures for handling and reporting abuse to Truckstop.

2.3       Responsibilities. Truckstop provides an unfiltered connection to the Internet. No data, documents, materials, or information that enters Truckstop Service is reviewed before being transmitted to users. Accordingly, Truckstop neither controls nor accepts responsibility for the content of any communications that are transmitted or made available to users, regardless of whether they originated from users of Truckstop Service. In addition, Truckstop expressly disclaims any responsibility for the accuracy or quality of information provided by third parties that may be obtained through the use of the Truckstop Service. ALL MATERIAL OR INFORMATION OBTAINED BY ANY USER THROUGH TRUCKSTOP SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. IN NO EVENT WILL TRUCKSTOP BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE TRUCKSTOP SERVICE, OF ANY KIND, FOR DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, OR TO PROVIDE ANY INDEMNIFICATION OR ANY OTHER REMEDY TO ANY USER OF TRUCKSTOP SERVICE. USER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING TRUCKSTOP SERVICE. To the extent that the jurisdiction to which any User is subject does not allow any part of such limitation, such part does not apply.

Truckstop does not warrant that the Truckstop Service will meet any user's requirements, or that it will operate in combination with any software and/or services which any ser may select to use, that the operation of the Truckstop Service will be uninterrupted or error free, that any errors will be corrected and/or that the Truckstop Service will meet any particular criteria of performance or quality.

Users understand that by accessing the Internet they may encounter viruses or other malicious computer programs that may cause damage to equipment and or files. It is the responsibility of each user to install and properly maintain security devices and software that will reduce the chance of infection and corruption of data. Users agree that Truckstop has no obligation or means to protect against such threats.

3.1       User Liability for Account Use. Each user is responsible for complying with this Terms of Use Policy, and for providing reasonable assistance to Truckstop in investigating and resolving issues, problems, and/or complaints arising out of the services provided to such user. You agree to indemnify, defend and hold Truckstop, its agents, vendors, independent representatives and employees from and against any damages, judgments, expenses and other liabilities resulting from any final determination that the data, information and/or content stored, received or transmitted, now or in the future, from your account, infringes trade-mark, trade secret, copyright, patent or other third party intellectual property rights and from any other damages, claims, suites or actions which may arise, now or in the future, as a result of your use of the Truckstop Service. This indemnification shall survive any termination of use of the Truckstop Service.

3.2       Configuration. All users of the Truckstop Service are responsible for configuring their own systems to provide the maximum possible accountability. For example, users should ensure there are clear "path" lines in news headers so that the originator of a post may be identified. Users should also configure their Mail Transport Agents (MTA) to authenticate (by lookup on the name or similar procedures) any system that connects to perform a mail exchange, and should generally present header data as clearly possible. As another example, users should maintain logs of dynamically assigned IP addresses.

3.3       Phone Connection Charges. PLEASE BE AWARE! Some of the local access numbers provided may be subject to local measured or metered usage charges. All telephone numbers should be confirmed as a free local call before being used or committed to any system settings. You are responsible for all phone company charges that you incur including any charges for calling long distance to one of Truckstop's Points of Presence ("POP").

3.4       Inactivity and Length of Sessions. Truckstop reserves the right to disconnect sessions after a pre-defined period of inactivity and/or to restrict the length of sessions when Truckstop suspects that the user might violate any of the provisions contained herein.

3.5       Reporting Violations. Customers of Truckstop are responsible for immediately reporting to Truckstop (via e-mail or phone) any network issue which could compromise the stability, service or security of any use of the Truckstop Service by its customers.

3.6       Resellers and Downstream Service Providers. Some users may be customers of Internet Service Providers (ISPs) that receive Internet connectivity through Truckstop. Such ISPs (also known as resellers or downstream service providers) are responsible for informing their customers of this Terms of Use Policy and for enforcing its restrictions with regard to their customers' actions. Complaints about customers of any such reseller or downstream service provider shall be forwarded to such reseller or downstream service provider for resolution. If at any time Truckstop determines that such reseller or downstream service provider is not taking appropriate action in accordance with this Terms of Use Policy, Truckstop shall work with such reseller or downstream service provider to review their policies and enforcement procedures. If the reseller or downstream service provider continues to fail to take appropriate action, Truckstop will take such further action as it deems appropriate, up to and including termination proceedings. Violations of this Terms of Use Policy by a customer or end-user of a reseller or downstream service provider shall be considered violations of this Terms of Use Policy by such reseller or downstream service provider.

In the event of any actual or potential violation of this Terms of Use Policy, Truckstop reserves the right to suspend or terminate, either temporarily or permanently, any or all services provided by Truckstop, to block any abusive activity, or to take any other actions as deemed appropriate by Truckstop in its sole discretion. User shall have no cause of action whatsoever for any action taken by Truckstop in response to any actual or potential violation of this Terms of Use Policy.

The examples of prohibited use set forth below and throughout this Terms of Use Policy are non-exclusive, and are provided as guidelines to customers and other users of the Truckstop Service.

A.       Illegal Use. The Truckstop Service may be used only for lawful purposes. The transmission, distribution, or storage of any information, data, or material in violation of any applicable law or regulation is prohibited. Without limitation of the foregoing, it is strictly prohibited to create, transmit, distribute, or store any information, data, or material which:

• Infringes any copyright, trademark, trade secret, or other intellectual property right.
• IIs obscene or constitutes pornography. All pornography is prohibited.
• IIs libelous, defamatory, hateful, or constitutes an illegal threat or abuse.
• IViolates export control laws or regulations.
• IEncourages conduct that would constitute a criminal offense or give rise to civil liability, including but not limited to, dissemination of computer viruses or similarly malicious code, spamming and cramming.

In the event of suspected, alleged, or actual illegal activity, Truckstop reserves the right to notify or cooperate with applicable law enforcement authorities for potential civil or criminal investigation or prosecution. In the event Truckstop receives a request for assistance from a law enforcement authority in respect of suspected, alleged or actual illegal conduct, Truckstop reserves the right to notify or to cooperate with law enforcement authorities. User shall have no cause of action whatsoever for any such notification of, or cooperation with, law enforcement authorities.

B.       Illegal Use. The following general actions are considered "abuse" and are strictly prohibited:

• Any conduct which violates the accepted norms and expectations of the Internet community at large (whether or not detailed in this Terms of Use Policy). Truckstop reserves the right in its sole discretion, to make a determination whether any particular conduct violates such norms and expectations.
• Resale of Truckstop' services or products, unless expressly authorized in a separate written agreement with Truckstop.
• Any conduct that restricts or inhibits any other user, whether a customer of Truckstop or a user of any other system or network, from using or enjoying any Truckstop Services or products, as determined by Truckstop, in its sole discretion.
• Harassment, whether through language, frequency, or size of messages.
• Creating, forwarding, posting, or distribution of chain messages of any type (also known as "pyramid" or "Ponzi" schemes).
• Forging of message headers or a sender's identity, or taking any similar action with the internet of bypassing restrictions or limits on access to a specific service or site (such as a moderated newsgroup or a site utilizing filters). This prohibition does not restrict the legitimate use of aliases.
• Falsifying identity or contact information (whether given to Truckstop, to any applicable domain name registration authority, or put in a message header) to circumvent this Terms of Use Policy. This prohibition does not restrict the legitimate use of aliases or anonymous re-mailers.
• Furnishing false or incorrect data to Truckstop on written or online applications, contracts, or other materials or information provided to Truckstop, including fraudulent use of credit card numbers, inaccurate postal ZIP codes or "bill to" telephone numbers.
• Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods or document use of Truckstop products and services.
• Creating and cancelling accounts with the sole purpose of gaining financial advantage in the form of customer points, usage commissions or any other financial advantage. Using terminal hardware or software to maintain a continuous connection to the Internet namely for unattended automated operations or server connectivity applications, or continuously reconnect to the Internet, even when you are not actively using this connection.
• Using Internet applications for the purpose of simulating network activity to avoid session inactivity disconnection.

In the event of suspected, alleged, or actual illegal activity, Truckstop reserves the right to notify or cooperate with applicable law enforcement authorities for potential civil or criminal investigation or prosecution. In the event Truckstop receives a request for assistance from a law enforcement authority in respect of suspected, alleged or actual illegal conduct, Truckstop reserves the right to cooperate with law enforcement authorities. User shall have no cause of action whatsoever for any such notification of, or cooperation with, law enforcement authorities.

C.       Security. It is strictly prohibited to attempt to circumvent the authentication procedures or security of any host, network, network component, or account (i.e. "cracking") to access data, accounts, or servers which the user is not expressly permitted or authorized to access. This prohibition applies whether or not the attempted intrusion is successful, and includes unauthorized probes or scans performed with the intent to gather information on possible security weaknesses or exploitable configurations.

Users of the Truckstop Service are responsible for educating themselves and configuring their system with at least basic security. Should systems at a user's site be violated, the user is responsible for reporting the violation and then fixing the exploited system. For instance, should a site be abused to distribute unlicensed software due to a poorly configured FTP (File Transfer Protocol) Server, the user is responsible for reconfiguring the system to stop the abuse.

Users are prohibited from interfering or attempting to interfere with service to any other user, host, or network on the Internet ("denial of service attacks"). Examples of such prohibited activity include without limitation (a) sending massive quantities of data (i.e. "flooding" with ICMP, SMTP, or any other type of traffic that exceeds accepted norms of size and/or frequency) with the intent of filling circuits, overloading systems, and/or crashing hosts, (b) attempting to attack or disable any user, host, or site, or (c) using, distributing, or propagating any type of program, script, or command designed to interfere with the use, functionality, or connectivity of any Internet user, host, system or site (for example, by propagating messages, vial e-mail, Usenet posting, or otherwise, that contain computer worms, viruses, control characters or Trojan horses).

Users are prohibited from intentionally or negligently injecting false data into the Internet, for instance in the form of bad routing information (including but not limited to the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information.

D.       E-Mail. Users are prohibited from engaging in improper use or distribution of electronic mail ("e-mail") over the Internet. Without limitation of the foregoing, it is strictly prohibited to engage in any of the following activities:

• Sending or providing software that facilitates the sending of unsolicited bulk e-mail ("UBE", or "spamming"). This includes, but is not limited to, the distribution of UBE for commercial, informational, advertising, political, or religious purposes.
• Setting up "mailback" or "drop box" addresses in order to receive responses from UBE, either directly by the user or by a third party on behalf of the user.
• Using a mail transport agent (MTA) outside of a user's own site to relay mail (unless a user has received express permission to do so). Even if permission has been received, users are prohibited from forging their identities to make it appear as though the e-mail sourced from the relay.
• Sending UBE, or posting news, to advertise or promote resources whose connectivity depends in any way on Truckstop Service, regardless of whether such UBE or news posting is made using Truckstop Service. For example, using another ISP's services to send UBE that advertises a web page hosted by or via Truckstop is prohibited.
• Hiring or using any third party service for the purpose of distributing UBE or excessively "multi-posting: or "cross-posting" any Usenet posting in the name of a user. Users will be held responsible for the actions of any third party agent that acts on behalf of or for the benefit of the user, and such users shall be held directly accountable for any violations of this Terms of Use Policy by such third party agent.

Bulk e-mail may be sent only to recipients who have expressly requested receipt of such e-mail. Users that send solicited bulk e-mail are required to maintain records of all bulk e-mail subscription requests, and to provide Truckstop with such records upon request of Truckstop, to enable Truckstop to investigate complaints from third parties. The sender of any solicited bulk e-mail shall, upon the request of a recipient, immediately remove such recipient from all applicable mailing lists and refrain from further transmissions of e-mail to such recipient.

Use of any auto-responder messages, mailing lists, or any other programs or scripts run by a user to handle or redistribute e-mail is the sole responsibility of the user, and shall be operated in a reasonable manner. This responsibility includes, but is not limited to, maintaining up-to-date mailing lists to minimize mail bouncing and to facilitate the processing of removal requests, configuring auto-responders so that they do not create mail loops, and the prompt handling of any complaints regarding UBE redistributed through a mailing list onsite.

E.       USENET. (Also known as NETNEWS or NEWSGROUPS) Truckstop recommends that users not post to any newsgroup until they have familiarized themselves with the subjects, established guidelines, and restrictions of such newsgroup. All Usenet guidelines and restrictions are incorporated herein by reference and users of Truckstop Service agree to adhere to such guidelines unconditionally.

Without limitation of the foregoing, it is strictly prohibited to engage in any of the following activities:

• Making any posting for commercial purposes (including without limitation the pointing to specific URLs for commercial purposes), except where such postings are expressly permitted under the charter and/or Frequently Asked Questions (FAQ) of an applicable newsgroup.
• Posting binary files to newsgroups whose charter or name does not include allowances for such files.
• Posting via Truckstop Service newsfeed any solicitation for mailback to an e-mail address (including addresses of non-Truckstop users) networks with the intentions of bypassing this Terms of Use Policy.
• Cancelling newsgroup postings other than their own, or using auto-responders or cancel-bots (or similar automated or manual routines) which generate excessive network traffic or disrupt Usenet newsgroup/e-mail use by others (except in cases of official newsgroup moderators performing their duties).
• Engaging in "Excessive Cross-Posting" (ECP) or "Excessive Multi-Posting" (EMP) or "Usenet spam" (no matter what the content might be) as defined by the Internet community and expressed in the news.admin.net-abuse. newsgroups and FAQs.
• Disrupting newsgroups with materials, postings, or activities that are (as determined by Truckstop in its sole discretion) frivolous, unlawful, obscene, threatening, abusive, libelous, hateful, excessive, or repetitious, unless such materials or activities are expressly allowed or encouraged under the newsgroup's name, FAQ, or charter.
• Using filtering messages (e.g. NoCeM) in an intrusive manner, or at other than the user's server level. Generally, filtering messages are considered normal Usenet traffic and are treated as such by Truckstop. Complaints regarding filter use or abuse should be directed either to the source generating them or the sites utilizing them.
• Performing any unauthorized creation, cancellation, or removal of newsgroups.

The legitimacy of a given post or cancellation is determined by the official newsgroup or mailing list moderator. Therefore, Truckstop defers to their judgment on these issues. If no such official entity exists, it is at Truckstop' discretion to determine whether any post or cancellation is compliant with this Terms of Use Policy and Internet community standards for that newsgroup.

F.       World Wide Web. Truckstop strictly prohibits users from engaging in any of the following web-related activities:

• The exploitation or attempted exploitation of any scripts presented on web pages (e.g. forms for answering questions or for entering data).
• Excessive use of bandwidth by utilizing programs, scripts, or commands to abuse a web site (for example, by connecting for an excessive amount of time, repeatedly engaging site-local scripts, or related behavior).
• "Walking" a database for the purpose of collecting data contained therein (whether or not this behavior requires that the reader of the page must knowingly ignore files such as "robot.txt" which is designed to guide cataloguing robots/programs).
• Operating a robot on a site's page after the site has asked that the behavior cease.

Configuring a web page to act maliciously against users that visit that web page.

Truckstop is committed to protecting your privacy. The following statement details Truckstop's policy on the collection, use and disclosure of personal information gathered from you through your use of the Truckstop Service. Truckstop reserves the right to changes this policy regularly. If you have any comments, questions, wish to receive further information about this privacy policy or wish to make a complaint concerning Truckstop's adherence to this policy, please contact Truckstop at: 800-854-8732.

In this policy, "Information" refers to any information provided to Truckstop in relation to or which may serve to identify you which may include, but is not limited to, e-mail addresses, phone numbers, fax numbers, names, titles, organizations, personal identification numbers, and passwords.

Information collected about you in the course of your use of the Truckstop Service is limited to that which is necessary for you to use the Truckstop Service. Information is retained only for as long as is necessary to fulfill the purposes of this Terms of Use Policy. Your voluntary provision of requested Information constitutes consent to use of the Information for the purposes identified in this Terms of Use Policy. If you do not consent to the use of the Information or if you wish to opt-out of future usage, should be sent to Truckstop at: 800-854-8732. All Information collected by Truckstop is stored for archival purposes only and will not be released to a third party except as noted elsewhere in this Terms of Use Policy.

Subject to this Terms of Use Policy, Truckstop will not release your name, street address, or e-mail address without your consent.

Truckstop protects customer information from third parties by maintaining member information in a fully secured database.

Only Truckstop subscribers may update or remove personal information at any time by using the personalize function.

The Truckstop privacy policy relates to the collection, use and disclosure of personal information and provides for the limitation of such collection, use or disclosure. All personal information relating to you is maintained in strict confidence by Truckstop and is not sold to third parties. Truckstop is committed to the protection of personal information within its control and to the letter and spirit of the privacy laws of the United States. In order to process your request for any of the products and services offered by or through Truckstop Service and over the course of your relationship with Truckstop, we collect and maintain personal information about you including information identifying you as well as records relating to the services and products you use, billing records, records of our communications with you as well as records of your questions and communications with us. Truckstop uses this information in order to verify your product and service requests, to maintain our commercial relationship with you, and to analyze, understand and respond to your needs. Truckstop is constantly working to develop new products and services that may be offered to our customers. We also analyse personal information relating to you to identify the products and services that we believe may be of interest to you and to offer you those products and services. From time to time Truckstop is also required to present a summary of all our customer information, including your own personal information, in statistical or analytical form to governmental authorities and industry organizations. When information is provided in such a format, this means that information that might specifically identify you will not be disclosed.

Truckstop also uses personal information about you to manage and develop our business, to serve our customers and to meet legal requirements. Information relating to you may be shared with, and used or analyzed by, Truckstop, its parent, affiliates and authorized agents in order to develop our business, better serve our customers and for certain account processing matters.

This Terms of Use Policy is governed by the laws of the state of Idaho and the applicable laws of the United States without reference to principles of conflict of laws. You agree to be bound by such laws and to submit to the jurisdiction of the courts of the Idaho in connection with the interpretation or application of these terms. Should any provision of this Terms of Use Policy be found by any court of competent jurisdiction to be invalid or unenforceable, such provision shall be deemed to be severed from this Terms of Use Policy and the remainder of the provisions shall remain in full force and effect.

8.1       Contact Information. You are required to provide proper name, phone number and address information so that Truckstop is able to contact you if required. You are required to provide Truckstop with details of any changes to this information. Truckstop may suspend or terminate service for accounts that are found to have false or missing contact information.

8.2       Rate Plans. Truckstop pricing is dependent upon the city that you normally dial into. If Truckstop notices you are not on the appropriate rate plan for your area of service, Truckstop reserves the right to assign your account to the appropriate rate plan. If you wish to obtain details of Truckstop' rate plans, please contact Customer Service at 800-854-8732.

8.3       Plan Changes. You may request a change to your Truckstop pricing plan by contacting Customer Service at 800-854-8732. Pricing plan changes only take effect at the start of the next billing cycle following Truckstop' receipt of the change request.

8.4       Fee Changes. Truckstop reserves the right to set and change fees and will publish a notice of fee increases 30 days before such increase takes effect.

8.5       Accounting Cycle. Recurring monthly fees are charged one month in advance for the Truckstop Service. Your payment in full is due in advance of services rendered. Usage based fees will be billed in the month following the month in which usage occurred. If you pay by credit card, the recurring monthly fee will be charged in advance when you register for the Truckstop Service.

8.6       Credit Card Expiry. When your credit card expires, Truckstop may either request that you furnish updated credit card information or assume that your card has been renewed for two years and adjust your credit card information accordingly. Failure by you to provide Truckstop with updated information will allow Truckstop to terminate forthwith your Truckstop Service subscription.

8.7       Delinquent Accounts. Accounts that remain unpaid at the beginning of the next accounting cycle following the due date for payment may be suspended and/or cancelled at the sole discretion of Truckstop. Past due amounts are subject to an interest rate charge of 1.5% per month (19.56% per annum) from the date of invoice, subject to the maximum rate permitted by law, in addition to all costs of collection incurred by [Truckstop (including, without limitation, legal fees and collection agency fees).

8.8       Long Distance Charges. You are responsible for all charges that you incur to access the Truckstop Service, including any long distance charges. All POP telephone numbers should be confirmed as a local call before being committed to any system settings.

8.9       Billing Disputes. If you believe Truckstop has billed you incorrectly, you must contact Truckstop no later than 60 days after the date of the first billing statement in which the error or problem appeared. Notifications after this period will not be eligible to receive adjustments or credits.

8.10       Cancellation Rights. The Truckstop Service will be renewed on a month-to-month basis unless you are in breach of this Agreement or cancel the Truckstop Service.

Customers may dispute charges for calls which they do not believe originated from or were accepted at their telephones. The dispute procedure can be initiated at the point of purchase of the service subscription or by calling the Customer Service center. Disputes will be honored for subscriptions that have not been able to be activated or for any ancillary products that are provided by Truckstop.net.

REFUNDS IN CASE OF SERVICES PROBLEMS, NO WARRANTIES, ETC.
Where there are omissions, interruptions, delays, errors or defects in transmission, or failures or defects in Truckstop.net "hot-spot" locations, Truckstop.net's liability is limited to a refund of charges, on request, proportionate to the length of time the problem existed, provided Truckstop.net is advised promptly of the problem. However, where the problem is occasioned by Truckstop.net negligence, Truckstop.net is also liable for the amount calculated in accordance with "Limitation of Truckstop.net Refunds" listed below. Truckstop.net makes no warranties, representations or condition of fitness for a particular purpose or merchantability with respect to the service, and all warranties, representations and conditions, expressed or implied are, to the extent permitted by applicable law, hereby excluded.

LIMITATION OF TRUCKSTOP.NET REFUNDS
Except with regard to physical injuries, death or damage to customer premises or other property occasioned by its negligence, Truckstop.net's liability for negligence, and for breach of contract (including fundamental breach or otherwise, and breach of contract resulting from the negligence of Truckstop.net is limited to the greater of $20 and one month's service with articles herewithin. Truckstop.net shall, in no event, be liable to the customer or any third party for any indirect, special, consequential, incidental, economic or punitive damages including, without limitation, loss of data, loss of income, loss of profit or failure to realize expected savings arising directly or indirectly from Truckstop.net's negligence or breach of contract (including fundamental breach or otherwise, and breach of contract resulting from the negligence of Truckstop.net).

TRUCKSTOP.NET is not liable for

1. any act or omission of a telecommunications carrier whose facilities are used in establishing connections to points which Truckstop.net does not directly serve;
2. defamation or copyright infringement arising from material transmitted or received over Truckstop.net facilities;
3. infringement of patents arising from combining or using customer-provided facilities with Truckstop.net facilities.

The Truckstop.net network is a wireless network. As with all wireless networks, there are intrinsic risks associated with using an open-air network. Although Truckstop.net takes an active role in providing a secure platform wherever possible, it cannot guarantee the privacy of your data while using its wireless services. For your protection Truckstop.net uses advance encryption technologies to protect their customers when providing any personal, credit card and/or login information to Truckstop.net or its affiliates. Although this information is encrypted for your protection and provides for a secure environment between Truckstop.net and its web servers, other communications are transmitted over an "open air" environment without encryption and are susceptible to unauthorized access.

Trucktop.net highly recommends users take action to secure their hardware and network infrastructure. Truckstop.net promotes and supports security solutions such as virtual private networks (VPN's), encryption, and personal firewalls. It is the subscriber's sole responsibility to take measures to provide security appropriate for their situation and intended use of the service.

Truckstop.net assumes no liability for loss, theft or misuse of personal or private information transmitted via its network. All subscriber's to the network agree to hold Truckstop.net harmless with regard to any and/or all loss, theft or misuse or potential loss, theft or misuse of personal or private information that the subscriber transmits using any Truckstop.net network service or related services and facilities.