2. Account Info. YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD. By registering as a Subscriber, you will receive a password and an account. You are entirely liable for all activities conducted through your Account. You agree to provide HARDLINK with accurate, complete, and updated registration information, and failure to do so shall constitute a breach of this Agreement and unauthorized access to HARDLINK , and may result in immediate termination of your account and subject you to civil and/or criminal liability. You may not select or use an account name of another person (unless it's also your name), or a name in violation of the intellectual property rights of any person other than you, or a name that HARDLINK deems offensive.
3. Charges. Current rates for using HARDLINK Internet may be obtained by calling HARDLINK 's offices at (781) 961-4800. HARDLINK reserves the right to change its fees and billing methods at any time effective thirty (30) days after Notice. If any such change is unacceptable to you, you may terminate your Subscribership as provided below. Your continued use of HARDLINK following any such change shall be deemed acceptance of such change. Your monthly Subscribership fee is payable in advance and is not refundable in whole or part. You are responsible for all charges associated with connecting to HARDLINK . Depending on your particular location, the nearest access number may or may not be a local phone call. You should confirm that such access number is a local call with your phone company. You are responsible for all activities and charges under your Account(s), including any unauthorized charges to your account. Each time you use HARDLINK you agree and reaffirm that HARDLINK is authorized, as applicable, to charge your designated credit card.
4. Internet. HARDLINK offers Subscribers access to the Internet. The Internet is not owned, operated, managed by, or in any way affiliated with, HARDLINK or any of its affiliates. Your use of the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations. HARDLINK retains the right, but not the obligation, in its sole discretion and without prior notice or liability, to restrict or terminate a Subscriber's access to the Internet via HARDLINK or to HARDLINK . Since the Internet is comprised of millions of computers beyond the control of HARDLINK , interruptions in service can and will occur. At no time will HARDLINK be liable for the inability to communicate with any particular Internet site.
5. NO WARRANTY. SUBSCRIBER EXPRESSLY AGREES THAT USE OF HARDLINK , HARDLINK 'S EMAIL SERVICES AND THE INTERNET ARE AT SUBSCRIBER'S SOLE RISK. HARDLINK , AND HARDLINK 'S EMAIL SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. HARDLINK 'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF HARDLINK SHALL BE THE AMOUNT PAID BY YOU TO ACCESS AND USE HARDLINK . HARDLINK 'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE AMOUNT PAID BY YOU TO ACCESS AND USE HARDLINK . BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES HARDLINK 'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
6. Indemnification. Upon request of HARDLINK , Subscriber agrees to defend, indemnify and hold harmless HARDLINK , its affiliated companies, and licensees from all liabilities, claims and expenses, including attorney's fees, arising from breach of the TOS by use of, or in connection with, the transmission by or through Subscriber's Account(s). HARDLINK reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Subscriber hereunder, and in such event, Subscriber shall have no further obligation to provide indemnification for such matter.
7. Termination. Either Subscriber or HARDLINK may terminate Subscribership at any time. Subscriber's only right with respect to any dissatisfaction with any (i) TOS term, or policy or practice of HARDLINK in operating HARDLINK , (ii) Content available through HARDLINK or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate Subscribership by delivering notice to HARDLINK . Subscriber's notice of termination will be effective upon receipt by HARDLINK . In the event that a Subscriber's account is terminated or canceled, no refund of any fees, including monthly Subscribership fee, will be granted and any on-line time credited to Subscriber's account(s) or Sub-Accounts is not convertible to cash or other form of credit. 8. Law. Should any part of the TOS be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions remain in full force and effect. The TOS shall be governed by the laws of the State of Massachuesetts, excluding its conflicts of law rules, and Subscriber and HARDLINK each submit to the exclusive jurisdiction of the courts of the State of Massachusetts.