Copyright © 2004. Fishing Carolinas
P.O Box 10606, Southport, North carolina 28461

Terms and Conditions

Effective November 1, 2004

1. Fishing Carolinas is a Internet company with interactive information, communication and transaction service allowing access to the Internet, bulletin boards, private networks and other communication outlets. Fishing Carolinas Service is available to an authorized member through a personal membership account (‘Membership); it is accessible through a personal computer, or other access device and a communications connection (e.g. modem, telephone line and cable ).

2. CAREFULLY READ the terms of this agreement which govern your use of the Fishing Carolinas Service. Fishing Carolinas may modify this agreement at anytime and in any manner. Any modification is effective immediately upon either a posting on the Fishing Carolinas Service, electronic mail, or conventional mail. If any modification to this agreement is unacceptable to you, you may immediately terminate your membership as provided in Section 16 below. Your continued use of the Fishing Carolinas Service following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s).

3. Fishing Carolinas grants to you ("Member") a non-exclusive, non-transferable right to access, use and display the Fishing Carolinas service on any machine(s) of which you are the primary user. The Fishing Carolinas Service is provided on an "AS IS," "AS AVAILABLE" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM INFRINGEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY CNC, ITS EMPLOYEES, LICENSORS OF THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

4. You understand that except for information products or services clearly identified as being supplied by Fishing Carolinas, neither Fishing Carolinas, nor any of its affiliates, operates or controls any information, products or services accessible through the Fishing Carolinas Service in any way, and that, except for such Fishing Carolinas identified information, services or products, all merchandise, information and services offered or made available or accessible through the Service are offered or made available or accessible by third parties who are not affiliated with Fishing Carolinas or its affiliates.

YOU EXPRESSLY AGREE that use of the Fishing Carolinas Service is at your SOLE RISK and YOU AGREE that any information, service or product accessible through the Service is WITHOUT WARRANTIES OF ANY KIND BY CNC AND ITS AFFILIATES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

5. Member may order and purchase merchandise or services from other Members and users of other communication outlets including the Internet. Member acknowledges that all transactions concerning third party ("Seller") merchandise or services, including, but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between Seller and Member. Fishing Carolinas makes no warranties or representations whatsoever with regard to any goods or services provided by Seller. Fishing Carolinas shall not be a party to a transaction between Member and Seller, or be liable for any cost or damage arising either directly or indirectly from any action or inaction of Seller or Member.

6. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE. SHALL Fishing Carolinas OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE Fishing Carolinas SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE Fishing Carolinas SERVICE including, but not limited to reliance on any information obtained on the Fishing Carolinas Service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Fishing Carolinas’s records, programs or services, YOU HEREBY ACKNOWLEDGE that this PROVISION SHALL APPLY WHETHER OR NOT Fishing Carolinas IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND that this PROVISION SHALL APPLY TO ALL. CONTENT, MERCHANDISE OR SERVICES AVAILABLE THROUGH THE CNC SERVICE.

7. Member is responsible for all charges (e.g., telephone) associated with connecting to the Fishing Carolinas Service through an available access number. Member is responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device necessary to access the Fishing Carolinas Service.

8. Member certifies to Fishing Carolinas that he/she is not a minor. (A minor’s parent or legal guardian may authorize a minor to use his/her account(s) under supervision by the parent or guardian). For purposes of identification, billing and marketing, Member agrees to provide Fishing Carolinas with accurate, complete, and updated information required by the registration to the Fishing Carolinas Service ("Member Registration Data"), including Member’s legal name. address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date).

Member agrees to notify Fishing Carolinas within thirty (30) days of any changes in Member Registration Data. Failure to comply fully with this provision may result in immediate suspension or termination of your right to use the Fishing Carolinas Service.

9. Accounts/Charges/Payment.

(a) This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Member’s principal account. Each Member is responsible for the use of his/her/its account(s) under any name on that account by any person, and for ensuring full compliance with this Agreement by all users of his/her/its account(s). A Fishing Carolinas Service account may not be transferred without prior written approval from Fishing Carolinas and is subject to any limits established by Fishing Carolinas.

(b) Member is responsible for maintaining the confidentiality of his/her/its passwords. Member is responsible for all activities and charges resulting from use of Member’s principal account with the Fishing Carolinas Service. Member agrees to pay all monthly membership fees, connect time charges, surcharges, applicable taxes and other charges incurred by Member and/or his/her/its designated users. In the event of a breach of security, Member will remain liable for any unauthorized use of the Fishing Carolinas Service until Member notifies Fishing Carolinas.

(c) Accounts may be upgraded to the next level of usage at no charge. There is a surcharge of $5 to downgrade an account type. For this change to take place for the current month, Member must notify us by the 20th. If notice is received after the 20th, the change will not take effect until the following 1st of the month.

(d) Current rates for using the Fishing Carolinas Service may be obtained by calling Fishing Carolinas or through Fishing Carolinas 's web page at http://www.Fishing Carolinas. Fishing Carolinas reserves the right to increase fee surcharges, monthly membership fees or to institute new fees at any time upon thirty (30) days prior notice. Fishing Carolinas may reduce these fees at any time without notice to Member. In the event that a Member’s account is terminated or canceled, on-line time credited to Member’s account is not convertible to cash or other form of credit. If Fishing Carolinas does not receive the full amount of Member’s Fishing Carolinas Service account balance within thirty days (30) days of the invoice date or billing date, the lesser of an additional 1.5%, or the highest percentage allowed by law, of the outstanding balance may be added to Member’s bill as a late charge each month and shall be due and payable. Member shall also be liable for all attorney and collection fees arising from Fishing Carolinas’s efforts to collect any unpaid balance of Member’s account(s).

 10. YOU UNDERSTAND that information available to you through the Fishing Carolinas Service may include MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT OR OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. Fishing Carolinas HAS NO RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS.

11. Member recognizes that he or she is solely responsible for the content of any information Member makes available through the Service and that Fishing Carolinas will not monitor the Service to examine the content passing through it. Member agrees that if Fishing Carolinas is made aware of content that Fishing Carolinas deems in its sole discretion to be unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, Fishing Carolinas has the right, but not the obligation, to remove or deny access to such content. Member expressly agrees that Fishing Carolinas shall not be liable to Member for any action Fishing Carolinas takes to remove or restrict access to such material, nor for any action taken to restrict access to material posted in violation of any law, regulation or rights of a third-party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy. Member recognizes that Fishing Carolinas’s actions with respect to all such material may include restriction, suspension or termination of Member’s access privileges and/or deletion of the objectionable material.

12. Material accessible to Member through the Fishing Carolinas Service may be copyrighted. Except as expressly permitted by the copyright holder of the material, neither Member nor Member’s designated users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit any material which they access or receive through the Service.

13. Member expressly agrees not to use the Fishing Carolinas Service in a manner that is prohibited by any law or regulation or to facilitate the violation of any law or regulation. Member further agrees not to use the Service in a manner that will disrupt third parties’ use or enjoyment of the Fishing Carolinas Service or other communication services and outlets. Member acknowledges that prohibited conduct includes, but is not limited to, use of the Service to invade the privacy of third parties, posting via e-mail, USENET or the Member’s personal web page or site, abusive, profane, libelous, slanderous, threatening or otherwise harassing material and posting material in any USENET or newsgroup that is off-topic according to the charter or other public statement of the USENET or newsgroup. Member also agrees not to use the Service to solicit other members to patronize competing services, not to violate or tamper with the security of the Fishing Carolinas Service or attempt to forge another member’s account name or persona.

14. Member acknowledges that the transmission of a single, unsolicited e-mail message to a large number of recipients, or the posting of a single message to a large number of USENET’s or newsgroups, whether the message is commercial in nature or otherwise, imposes a tremendous burden on the Service because of its excessive use of disk space and bandwidth. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested the message and with whom the Member has had no prior contact. Member agrees not to engage in such transmissions if Fishing Carolinas learns that Member has in a single day, sent the same or similar unsolicited message to 50 or more recipients or 15 or more USENET’s or Newsgroups. Fishing Carolinas will warn Member against such transmissions in the future. Member acknowledges that subsequent to such warning, any transmission by Member of an unsolicited message to 50 or more recipients or 15 or more Usenet’s or newsgroups on a single day will result in the immediate termination of Member’s account in accordance with Paragraph 16 of these Terms of Service. In such cases, Member agrees to pay Fishing Carolinas damages of $10 to compensate Fishing Carolinas for the costs of enforcing this provision.

15. Member agrees that any personal web page or site Member publishes in connection with the Fishing Carolinas Service is intended for personal use. Other uses (e.g. commercial) are prohibited, they may draw sufficient third party visits ("hits") to the page or site so as to impose a burden on the Service by reducing available bandwidth. To ensure that all Members can use and enjoy the Service, Member agrees that Fishing Carolinas is entitled to suspend or terminate access to any Member’s web page or site if Fishing Carolinas determines that the page or site has, on any single day, received download traffic of fifty megabytes (50,000K) or more. Member expressly agrees that Fishing Carolinas shall not be liable to Member or parties interacting with Member for any damages resulting from action Fishing Carolinas takes to enforce this provision.

16. Member recognizes that this Agreement continues only for so long as the parties’ mutually agree to continue it. Either Member or Fishing Carolinas may terminate the Agreement and Member’s Membership at any time for any reason or no reason. Fishing Carolinas may also restrict, suspend or terminate, without notice, Member’s access to and use of the Fishing Carolinas Service upon any breach of this Agreement. Member’s only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of Fishing Carolinas in operating the Fishing Carolinas Service, any change in the content of the Fishing Carolinas Service, or any change in the amount or type of fees charged in connection with the Fishing Carolinas Service, is to terminate Membership by delivering notice to Fishing Carolinas, effective the day Fishing Carolinas receives notification of termination or any future date specified which is acceptable to Fishing Carolinas. Upon termination of this Agreement, Member shall have no right

(a) to obtain any credit(s) otherwise due to Member and such credit(s) will be forfeited.

(b) to access through Fishing Carolinas any materials stored on the Internet or

(c) to access any third-party providers of services, merchandise or information on the

Internet through Fishing Carolinas, and Fishing Carolinas shall have no responsibility to notify such third-party providers nor shall Fishing Carolinas have any responsibility for any damages that result from the lack of such notification.

17. Member may not be logged in more than once per account with the same username. In the event that Member does, Member account will be suspended, and Member will have to call Fishing Carolinas to reactivate it. The purchasing of additional mailboxes does not circumvent this. Member will be double billed for double logins.

l8. Member recognizes that an unlimited account means that Member may use the Fishing Carolinas Service as often as Member desires. However, unlimited does not mean that Member may stay online for longer than 4 hours at a given time. Member agrees to disconnect after a 4-hour period of time or Member shall be disconnected. Member may, after disconnecting, reestablish the connection. If Member requires being online for more than 4 hours per session, Member must purchase a dedicated account.

19. Upon request of Fishing Carolinas, Member agrees to defend, indemnify and hold harmless Fishing Carolinas, its officer's, directors, employees, agents and licensees, from any claims and expenses, including reasonable attorney’s fees arising out of or relating to Member’s use of the Fishing Carolinas Service.

20.This Agreement shall be governed by the laws of the State of North Carolina (excluding its choice of law rules). You agree that any controversy or claims against Fishing Carolinas or its directors and officers, including any claim of misrepresentation, arising out of relating to this Agreement or the Fishing Carolinas Service, shall be settled by arbitration. Any such claim must be commenced within one (1) year after the claim arises or the claim is time barred. ‘The arbitration shall be conducted by a single arbitrator under the then current rules of the American Arbitration Association. The arbitration shall be held and the award shall be deemed to be made in Brunswick County, North Carolina. The decision and award of the arbitrator shall be final and binding, and the award may be entered in a court of appropriate jurisdiction. The prevailing party in any such arbitration shall be entitled to recover all legal expenses incurred in connection with the arbitration and confirmation of the award, including, but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. You consent to the jurisdiction of the courts of the State of North Carolina for purposes of enforcing this arbitration provision.

21. This Agreement constitutes the entire agreement between you and Fishing Carolinas with respect to the Fishing Carolinas Service and supersedes all prior agreements between you and Fishing Carolinas. Fishing Carolinas’s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held 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.

22. By filling out a Fishing Carolinas account sign up form, or having an account setup via telephone, customer agrees to let Fishing Carolinas draft from checking or savings, or charge their MasterCard, Visa, American Express, Check Card, or Debit Card (which is provided as a choice to the customer at signup) in accordance to the billing policies explained to the customer at the time of signup. These policies include: invoicing the customer via e-mail on the 25th of each month and charging that customer the amount of invoice, in full, on the 1st of each month. No signature will be required by the customer for Fishing Carolinas to perform any billing preference the customer has chosen, and customer will be billed, in full, the amount shown on their invoice, every 1st of the month, until customer notifies Fishing Carolinas either via e-mail, a phone call to the central billing office, or by US mail, that they want their account terminated, or other means of payment chosen to be used from that point on.