Note: All users are bound by this terms of service.

Stealth Media Solutions, Inc. - Stealth Internet Access. ("SMS-STEALTH ACCESS") agrees to provide you ("User") with those services ("Service") set forth on the Application subject to User's compliance with the terms and conditions below.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.

<Warranty Disclaimer>

THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.

SMS-STEALTH ACCESS exercises no control whatsoever over the content of the information passing through SMS-STEALTH ACCESS'S system. Use of any information obtained via SMS-STEALTH ACCESS is at User's risk. Neither SMS-STEALTH ACCESS nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does SMS-STEALTH ACCESS make any warranty as to the results from use of the Service.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY SMS-STEALTH ACCESS, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER SMS-STEALTH ACCESS NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

<Limitation of Liability>

UNDER NO CIRCUMSTANCES SHALL SMS-STEALTH ACCESS, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT SMS-STEALTH ACCESS IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, SMS-STEALTH ACCESS'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.

If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of SMS-STEALTH ACCESS in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.

<Indemnification>

Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold SMS-STEALTH ACCESS, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by SMS-STEALTH ACCESS, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify SMS-STEALTH ACCESS in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and SMS-STEALTH ACCESS shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

<Age Limit>

User represents to SMS-STEALTH ACCESS that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

<Sexually Explicit Materials>

User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. SMS-STEALTH ACCESS has no control over and accepts no responsibility whatsoever for such materials.

<Prohibited Uses>

User may not:

restrict or inhibit any other user from using and enjoying the Internet;

post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;

post on any webspace provided any sexually explicit materials or materials that may be offensive.

post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;

post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);

upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;

upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;

send unsolicited advertising or promotional materials to other network users (See section titled "MESSAGING");

allow users to run Maillist, Listserv or any form of auto-responds from User's account;

run or activate processes while User is not logged in;

violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;

attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of pingbots and other methods of avoiding timing disconnection (See section titled "LIMITATIONS OF DIAL-UP SERVICES");

use a Stealth Access connection as a dedicated Internet connection, which is considered in excess of a total of 15 (fifteen) hours of use per day; or

violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.

SMS-STEALTH ACCESS has no obligation to monitor the Service. However, User agrees that SMS-STEALTH ACCESS has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. SMS-STEALTH ACCESS will not intentionally monitor or disclose any private E-mail message unless required by law. SMS-STEALTH ACCESS reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. SMS-STEALTH ACCESS reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of SMS-STEALTH ACCESS following payment of a reconnection charge, to be determined by SMS-STEALTH ACCESS in its sole and absolute discretion.

<Messaging>

User agrees to limit their use of the SMS-STEALTH ACCESS service, specifically regarding the use of SMS-STEALTH ACCESS 's electronic (email) services, to the following restrictions:

<Unauthorized Use of Relay Servers>

User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.

<Fraudulent Addressing>

User agrees that the purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered, is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the SMS-STEALTH ACCESS service.

<E-mail Spamming>

We maintain a NO TOLERANCE Spamming Policy. This ISP is based in Washington State and mail spamming is considered an ILLEGAL activity in this state. In the event that Spamming is traced back to your account, You will receive a fine of no less than $300.00 per account/violation. Also, if the spamming occurred via an e-mail account with Stealth Access, you will receive an additional $300.00 fine per e-mail account/violation. The following information is commonly used in e-mail spamming to deter recipients from reporting unauthorized spamming. We are aware of this tactic and are also aware that it is completely NULL in value. ANY e-mail containing this section or any like it will be considered a SPAM and will be handled as such.

<<<This message is being sent to you in compliance with the proposed Federal legislation for commercial e-mail (S.1618 - SECTION 301). "Pursuant to Section 301, Paragraph (a)(2)(C) of S. 1618,. Further, this message cannot be considered spam as long as we include sender contact information.>>>

<Fraudulent Content>

User agrees to be held responsible for the distribution of fraudulent materials.

VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE TERMS DESCRIBED WITHIN ANY SECTION OF THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF $300 PER EACH ACCESS ACCOUNT. IN ADDITION, IN THE EVENT THAT VIOLATIONS ARE INCURRED VIA USER'S E-MAIL ACCOUNT WITH SMS-STEALTH ACCESS, AN ADDITIONAL PENALTY OF $300 PER E-MAIL ACCOUNT FOUND LIABLE WILL BE CHARGED TO USER. SMS-STEALTH ACCESS RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF SMS-STEALTH ACCESS SERVICES, A ONE-TIME FEE OF $300 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR SMS-STEALTH ACCESS SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, SMS-STEALTH ACCESS RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $300 PER VIOLATION/ACCOUNT OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF SMS-STEALTH ACCESS SERVICES FOR VIOLATION OF ANY OF THESE TERMS. SMS-STEALTH ACCESS IS BASED IN WASHINGTON STATE AND ALL LISTED VIOLATIONS ARE CONSIDERED ILLEGAL UNDER STATE LAWS AND REGULATIONS. IN THE EVENT THAT USER CONTESTS CHARGES, SMS-STEALTH ACCESS WILL PROSECUTE AND USER WILL ALSO BE RESPONSIBLE FOR ALL ATTORNEY, COURT, COLLECTION AND ALL OTHER LEGAL FEES.

<Limitation of Dial-Up Services>

Although SMS-STEALTH ACCESS advertises "Unlimited Access" in regards to some of it's Dial-Up services, there are several limitations applied. The sole purpose of these limitations are intended to limit the amount of unnecessary use of SMS-STEALTH ACCESS services by any such User, which restricts overall SMS-STEALTH ACCESS system availability for other such Users. These limitations apply only to Dial-Up access services offered by SMS-STEALTH ACCESS.

All accounts setup on UUnet 'uu' are limited to 150 hours of access per month.  Accounts designated for the Qwest 'qw' network are limited to 200 hours per month. Dual ISDN users are limited to 300 total channel hours per month.

Any activity beyond the limit will result in denied access for the remainder of that billing month. All accounts are reset at the beginning of each month. SMS-STEALTH ACCESS has no control over the limits imposed on these accounts.

User agrees to not use the service as a dedicated connection.
User understands that unlimited service does not mean dedicated service.
Dedicated service shall be defined as an average of more than 15 channel
hours a day, based on a 30 day calendar month usage report. User may be
blocked and forced to upgrade to continue service if their unlimited account
is used as a dedicated connection.

User agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes).

User may not attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of pingbots and other methods of avoiding timing disconnection.

<Limitation of E-mail Services>

User agrees to maintain their e-mail account and keep such account at or below 5 megabytes of data at any one time.  Exceeding this amount will incur a $5.00 extra storage fee per megabyte/per month for each account.

<Limitation of Technical Support>

Technical support is limited to assisting the user with setup of dialup
and e-mail accounts as well as any technical problems related
directly to these accounts.  Our dialup service supports the Macintosh platform; however, our technical support staff does not.

Verbal abuse of our employees will NOT be tolerated.  Our employees are given authority to terminate any users account upon their own discretion and determination of verbal abuse.

<Idle Timeout>

User agrees to have their online session automatically terminated after ten (10) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the SMS-STEALTH ACCESS service.

<Maximum Single Session>

User agrees to have an online session automatically terminated after eight (5) hours of consecutive time, regardless of data transferred during such specific online session. Re-connection will again be possible within seconds after disconnect.

<Minimum Re-Connect Limit>

User understands they may not be able to log back onto the SMS-STEALTH ACCESS system for a time period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session's termination. This is due to the servers must acknowledge and process the disconnection.

<Multiple, Concurrent Online Sessions>

User agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account purchased.

<Terms of Payment>

A credit card User agrees to allow SMS-STEALTH ACCESS to bill his or her card on each successive billing date without obtaining User's permission. A credit card User shall notify SMS-STEALTH ACCESS of any changes in credit card number or expiration date. If the card is not honored for any reason, SMS-STEALTH ACCESS will attempt to notify the card holder by using the telephone information given at sign-up or by E-mail. SMS-STEALTH ACCESS will contact the card holder, and if alternative billing has not been established within five (5) days, the account will be disabled. Restoring the account may be subject to a re-connect/setup fee minimum of $14.95.

If you are paying by a credit card, it will be billed as
STEALTH MEDIA SOLUTIONS, not as STEALTHACCESS.

If payment is by check or check draft, payment due dates are indicated on User's invoice. Check drafts will be automatically drafted each month on the day of service establishment. Dishonored checks or drafts are subject to a collection fee to be determined by SMS-STEALTH ACCESS in its sole and absolute discretion and User's account may be suspended until the account is current. If payment is not received within five (5) days of the due date, service will be terminated and a setup fee of $14.95 will be added to charges for additional Service.

SMS-STEALTH ACCESS maintains the right to disable or terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event SMS-STEALTH ACCESS utilizes an attorney or collection agency to collect any unpaid amounts, User shall be responsible for the payment of all of SMS-STEALTH ACCESS'S attorney, court, and collection fees and costs in the collection of these sums. ALL ACCOUNTS CONSIDERED IN COLLECTION STATUS WILL BE REPORTED TO ALL MAJOR CREDIT REPORTING AGENCIES.

ALL OUTSTANDING ACCOUNTS THAT HAVE NOT FORMALLY REQUESTED CANCELLATION IN WRITING WITH RECEIPT OF CANCELLATION CONFIRMATION WILL BE CONSIDERED OPEN WITH PAYMENT DUE ACCORDINGLY REGARDLESS OF ACCOUNT ACTIVITY LEVEL BY THE USER.

SMS-STEALTH ACCESS reserves the right to change prices at any time without prior notice to it's customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.

<Credit Card/Check Debit Card Disputes>

SMS-STEALTH ACCESS will make every effort to correct any discrepancies in errors that may occur in the billing system. However, all proper payments for services ordered will be bound as stated in <Terms of Payment> above and <Right to Cancel> below.

In the event that a User formally disputes the charges made by SMS-STEALTH ACCESS to their credit card provider and these payments have been originally received according to these Terms of Service, USER WILL CONTINUE TO BE LIABLE FOR ALL PAYMENTS AND COLLECTIONS THEREFORE REGARDLESS OF JUDGEMENTS MADE BY CREDIT CARD ISSUING COMPANIES. ALL BALANCES OF PAYMENTS DUE WILL BE FORWARDED TO A COLLECTION BUREAU. (See above <Terms of Payment)

 

<Test/Trial Period>

SMS-STEALTH ACCESS grants users a period of 24 hours from the time that the account confirmation is sent in order for you to evaluate our services and ensure that you are receiving adequate connection/transfer rates from your location. You have the right to cancel your account at any time within the first 24 hours and you will receive no charges. Cancellations after the first 24 hours will still be charged for that month. This applies to all dial-up access accounts with the exception of a request for a Static IP address. Once the request is submitted for a Static IP account, you are bound to the setup fees and charges for that account for the period of at least one month.

<Right to Cancel>

SMS-STEALTH ACCESS reserves the right to cancel Service for any reason without prior notice. Prepaid month-to-month service is non-refundable. Prepaid service for discount plans is considered a contract term and is therefore non-refundable. SMS-STEALTH ACCESS will not refund any shipping or handling fees. Cancellations after the calendar date that your payment is received will be charged for that month without recompense.

User must notify SMS-STEALTH ACCESS via telephone or in writing to cancel Service. User will receive a cancellation confirmation upon termination. Cancellations submitted to SMS-STEALTH ACCESS via electronic mail shall only be honered if the user includes there username, and password. Fees for any setup, shipping and handling, and monthly service charges placed by SMS-STEALTH ACCESS are non-refundable. User MUST request cancellation prior to the calendar billing date on the account to avoid charges being processed for the next billing period of service. If a charge has already been processed, there will be NO REFUNDS of any monetary value. In the event that a dispute should arise and with the user stating that the account had already received request for cancellation, user must submit proper cancellation confirmation documentation for reimbursement for said time period.

Cancellation of an account may be requested so as to end at the close of the current billing period. This will be honored at the USER'S REQUEST ONLY. If a cancellation request is received without specification of cancellation date, the account will be considered terminated immediately without compensation for unused service.

<No Confidentiality>

Information transmitted through SMS-STEALTH ACCESS and through the Internet in general is not confidential. SMS-STEALTH ACCESS can not and shall not guarantee privacy or protection of any User. SMS-STEALTH ACCESS reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of SMS-STEALTH ACCESS .

<Customer Information>

Unless required by court order, subpoena or other legal request, or upon the advice of counsel, SMS-STEALTH ACCESS may publish User's name and other consumer information in one or more directories which may be accessed by other Internet users. In addition, unless User notifies SMS-STEALTH ACCESS to the contrary as provided above, SMS-STEALTH ACCESS may make such information available to third parties from time to time. User understands further that merchants on the Internet may have access to such information and may make it available to third parties in accordance with their normal practices unless User notifies those merchants directly that User does not wish such information to be made available.

(NOTE: It is our standard policy to NOT disclose ANY information of any sort regarding your personal or account information to other users or solicitation organizations. However, our attorneys required that the above paragraph be included for liability reasons only.)

<Non-transferable>

The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

<Purchases on the Service>

If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes or fines relating to purchases on the Service.

<No System Backup>

SMS-STEALTH ACCESS does not and will not perform system backups on any User's E-mail account(s). SMS-STEALTH ACCESS shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, SMS-STEALTH ACCESS will not provide historical data, to any party for any reason, regarding any system or Internet activity.

SMS-STEALTH ACCESS does not and will not perform system backups on any User's personal web site account(s). SMS-STEALTH ACCESS shall not be held responsible for any lost web data, web files, or any web site contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, SMS-STEALTH ACCESS will not provide historical data, to any party for any reason, regarding any system or Internet activity.

<Failure to Comply With Terms and Conditions>

SMS-STEALTH ACCESS may deny User access to all or part of the Service without notice if User engages in any conduct or activities that SMS-STEALTH ACCESS in its sole discretion believes violates any of the terms and conditions in this Agreement. If SMS-STEALTH ACCESS denies User access to the Service because of such a violation, User shall have not rights (1) to access through SMS-STEALTH ACCESS any materials stored on the Internet, (2) to obtain any payment(s) otherwise due to User, and such payment(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through SMS-STEALTH ACCESS, and SMS-STEALTH ACCESS  shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

<Miscellaneous>

User agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes). User also agrees to not remain connected to SMS-STEALTH ACCESS 's system for periods exceeding (8) eight hours, in any single continuous session. User authorizes SMS-STEALTH ACCESS  to enforce these restrictions by appropriate software and network measures, automated and manual.

User agrees to notify SMS-STEALTH ACCESS if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to SMS-STEALTH ACCESS .

In the event that any portion of this Agreement is held to be unenforceable, the 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 the provisions shall remain in full force and effect.

SMS-STEALTH ACCESS 'S failure to insist upon or enforce strict performance of any provisions of this Agreement 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 this Agreement.

SMS-STEALTH ACCESS may modify this Agreement from time to time by placing such modification at http://www.stealthaccess.net/dialup/internet/access/serviceagreement.htm , and User's continued use of the Service following such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

SMS-STEALTH ACCESS shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of SMS-STEALTH ACCESS .

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming SMS-STEALTH ACCESS as the defendant, shall be proper only in a venue determined by SMS-STEALTH ACCESS .

In any action between SMS-STEALTH ACCESS and User to enforce any of the terms of this Agreement, SMS-STEALTH ACCESS  shall be entitled to recover expenses, including reasonable attorney, court, and collection fees.

This Agreement constitutes the entire agreement between User and SMS-STEALTH ACCESS with respect to the Service.

I AGREE

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For more information, questions, or comments, send email to: info@StealthAccess.net.