By using the access services to the Internet provided by Goliad Community Network ("GOLIAD") you acknowledge and agree that GOLIAD DOES NOT MAKE ANY EXPRESS WARRANTIES AND YOU FOREVER WAIVE ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR SUITABILITY FOR ANY PARTICULAR PURPOSE. GOLIAD makes no representation regarding the kind, quality, content or any other attribute of the Internet or the access and other services provided by GOLIAD and all products and services are provided as is, where is, and with all defects. GOLIAD shall have NO DUTY to you for the content, quality, or any other aspect of the Internet or the information exchange through the Internet. TO THE GREATEST EXTENT POSSIBLE UNDER THE LAW, YOU AGREE TO WAIVE THE REMEDIES AND OTHER PROTECTIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES CONSUMER PROTECTION ACT.

By use of the connection and other services provided by GOLIAD, you (for yourself and for anyone claiming by, through, or under you) continually, completely, and unconditionally RELEASE GOLIAD from liability for and AGREE NOT TO SUE GOLIAD for any damages resulting directly or indirectly from the use of or inability to use the services provided by GOLIAD, including without limitation any claim for lost profits, loss of business information, attorney fees, or any other incidental or consequential damages, whether or not such loss, cost, or damage may result in whole or in part from any theory of strict liability or the negligence of anyone representing or holding under any authority granted by GOLIAD. The foregoing is intended to be a complete and unconditional release, however, if for any reason any claim is not included within the forgoing release and agreement not to sue, then all of your remedies shall be limited to liquidated damages of the return of the fees paid to GOLIAD for service for the immediately preceding three (3) month period. Credit to your account of the liquidated damages shall conclusively reimburse you for all losses, costs and damages.

GOLIAD retains all proprietary rights to all software and other systems provided by GOLIAD to you. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on anything provided to you by GOLIAD. You may not license, assign, or share any part of your rights to use GOLIAD products or services. GOLIAD does not provide product support or updates or security for your equipment, software or information. You must abide by all state, local and federal laws, including without limitation those concerning patent, copyright, trademark, and other proprietary issues. You must abide by all rules and regulations established by GOLIAD from time to time and all general ethical standards of the Internet. If you are under 18 years of age you must have written approval from your parent or guardian to use GOLIAD services.

By use of the services provided by GOLIAD you acknowledge that the amount of the fee paid has been determined based in part upon you taking full responsibility for all consequences of your use of the Internet and you agree that you will submit a written request if you desire any further service or assurance from GOLIAD. Additional customized services and assurances are available and can by written agreement be obtained by negotiation and payment of additional fees commensurate with the services and assurances desired.

Your continued agreement to the covenants, terms, and conditions of this agreement is a material inducement to GOLIAD providing services to you. This agreement is at the will of both parties and either you or GOLIAD may terminate the services, with or without cause, at any time without any liability to the other. Service fees shall be prorated to the date of termination. This agreement shall bind you and anyone accessing GOLIAD services through your location. It is solely your responsibility to insure that all persons using your Internet connection through GOLIAD understand, agree to, and comply with the terms of this agreement. You (for yourself and for anyone claiming or holding by, through, or under you) agree to pay all charges when due and IDEMNIFY and HOLD GOLIAD HARMLESS from any damages (including attorney fees) resulting directly or indirectly from your use of GOLIAD services or your violation of this agreement. GOLIAD may modify the terms of this agreement from time to time and this agreement will continue as modified if you continue to use GOLIAD services. Any other modification must be by signed written agreement. Notices may be delivered to you by electronic mail. The declaration that any portion of this agreement is void or is unenforceable shall not affect the other provisions hereof. All disputes shall be submitted to binding arbitration and the prevailing party shall be entitled to recover all costs.