Introduction
("Fry's Electronics, Inc.") provides certain internet services ("the Services") through Fry's dial-up access ("Dial-up Access"). Any user who wishes to use the Services ("Customer") agrees to be bound by these terms and conditions of use ("Terms and Conditions"), Fry's acceptable use policy ("Acceptable Use Policy" or "aup") located at http://www.frys.com/aup.html, and other policies, all of which are subject to change from time to time. If you do not agree to the Terms and Conditions, aup or other policies, including future revisions, you may not use these Services, and if you are a current Customer you must terminate your use of the Services immediately. Any future revisions to these Terms and Conditions, aup, or other policies will be posted on Fry's website at http://www.frys.com/aup.html

Equipment and Services
Customer must be at least 18 years old. Customer shall be responsible for obtaining and maintaining any equipment needed to access, connect to, or use the Services. Services provided by Fry's are for the sole use of the Customer and not resale of any kind without prior written consent of Fry's which may be given at Fry's sole discretion. In the event the Customer attempts to resell the Services, Fry's may, at its sole discretion, increase the fees associated with Services, or terminate the Services.

Dial-up Access
Local Dial-up Access numbers may not be available in all areas. Customer is solely responsible for determining if the use of a particular dial-up number will cause Customer to incur long-distance, toll, or other charges. Fry's is not responsible for any long-distance, toll or other communications charges incurred by Customer.

Billing
Customer agrees to pay all charges to Customer's account, including applicable taxes and charges to recover taxes paid, in accordance with billing terms in effect at the time the fee or charge becomes payable. Customer agrees to provide Fry's with accurate and complete billing information, including Customer's legal name, address telephone number and credit card information. Customer agrees to report to Fry's all changes to this information within thirty (30) days of any change, including any change in the expiration date of Customer's credit card. Customer agrees to pay an order-processing fee at time of acceptance. This fee will be applied toward Customer's subsequent billings. The recurring monthly fee is due and payable in advance of the first day of each monthly billing period for which the Customer has purchased Services, with the first payment due and payable on the activation date of the Services. Customer agrees to pay a fee for processing unpaid checks or rejected credit cards. Monthly fees are non refundable. The initial payment may include non-recurring installation charges including, but not limited to, equipment, inside wiring and installation fees. Delinquent accounts are subject to immediate termination or suspension of Services at the sole discretion of Fry's. If payment is not received by Fry's within five (5) days from the date payment is due, a Customer's account is considered delinquent and Customer will be subject to a late payment fee of 1.5% per month on the outstanding balance on Customer's account or $15 dollars, whichever is greater (not to exceed the maximum rate permitted by law). Customer is also responsible for all attorney and collection fees arising from Fry's efforts to collect any unpaid balance.

Intended Use and Monitoring of the Services
Customer agrees not to use the Services in a manner prohibited by any federal or state law or regulation. While Fry's is under no obligation to monitor the Services, Fry's may do so from time to time and Fry's may disclose information regarding Customer's use of the Services for any reason and in its sole discretion in order to satisfy applicable laws, regulations, governmental requests, or in order to operate and deliver the Services in an effective manner. Fry's may immediately remove from it's servers any materials or information in whole or in part, which Fry's, in it's sole and absolute discretion, determine to infringe another's proprietary rights or to violate Fry's Acceptable Use Policy.

Customer Privacy
Subject to Section 5 above, Fry's agrees to comply with the terms of Fry's Privacy Policy as set forth on Fry's Website at http://www.frys.com/privacy.html, as may be amended from time to time.

IP Address
IP addresses are not portable and are not assigned for independent administration or distribution. Customer understands that IP assignments are not guaranteed, and may be modified as required by Fry's and/or the American Registry of Internet Number (ARIN).

Term and Cancellation
Customer agrees to use and pay for Services for the duration of the period agreed to when Customer places an order for Services (the "Initial Term"). Customer may terminate the Services at the end of the Initial Term or at any time during any successive term by providing not less than (30) days written notice to Fry's. Termination notice must be sent to: Fry's Electronics Inc., attn. I.S.P. Department, 600 E. Brokaw Road, San Jose, CA 95112 or you may call Fry's at (408) 487-4622.

DISCLAIMER OF WARRANTIES
THE SERVICES, DIAL-UP ACCESS, IS PROVIDED ON AN "AS IS " AND "AS AVAILABLE" BASIS. FRY'S MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SERVICES OR ANY MERCHANDISE, INFORMATION OR SERVICES PROVIDED BY THE INTERNET GENERALLY. THE INTERNET CONTAINS UNEDITED MATERIALS WHICH MAY BE SEXUALLY EXPLICIT, OR MAY BE OFFENSIVE TO THE CUSTOMER OR OTHERS ACCESSING THE SERVICES. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT FRY'S EXERCISES NO CONTROL OVER THE NATURE, CONTENT, OR RELIABILITY OF THE INFORMATION AND/OR DATA PASSING THROUGH ITS NETWORK. CUSTOMER ASSUMES FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND IS SOLELY RESPONSIBLE FOR EVALUATING THE COMPLETENESS AND ACCURACY OF ANY INFORMATION. IN ADDITION, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FRY'S, ITS DEALERS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. USE OF ANY INFORMATION AND/OR DATA OBTAINED FROM OR THROUGH SERVICES PROVIDED BY FRY'S, INCLUDING EMAIL AND WEBHOSTING, WILL BE AT CUSTOMER'S OWN RISK. CUSTOMER ACKNOWLEDGES THAT FRY'S PROVIDES NO WARRANTY FOR ANY ERRORS OR INTERRUPTION IN THE INSTALLATION PROCESS OR IN PROVIDING THE SERVICES WHETHER WITHIN OR OUTSIDE THE CONTROL OF FRY'S, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL FRY'S BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THESE SERVICES OR FROM ANY RESULTING LOSS OF CUSTOMER'S OR THIRD PARTY'S DATA. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FRY'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, FRY'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FRY'S RESERVES THE RIGHT TO REFUSE OR TERMINATE SERVICES TO A CUSTOMER AT ANY TIME WITH OR WITHOUT CAUSE.

Customer Complaint Resolution
In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, Customer agrees to first contact Fry's Electronics Inc., attn. ISP Department, 600 East Brokaw Road San Jose, CA 95112 or you may call Fry's at (408) 487-4622. After which, pursuant to California Civil Code Section 1789.3, Customer may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at (916) 445-1254.

Additional Terms and Conditions
Fry's may, from time to time, send e mail messages or other forms of communication to Customer containing advertisements, promotions etc. which may be offered by third parties. Fry's makes no representation or warranty with respect to the content of any such third party communications or goods or services which may obtained in response to such communications and Customer agrees that Fry's shall not have any liability with respect thereto, nor shall any such messages amend the Terms and Conditions unless specifically agreed to in writings by Fry's. Fry's inclusion of links to any websites is provided for Customer convenience only and Fry's is not responsible for any content on such websites. Fry's inclusion of links to such website does not imply any endorsement of the material on such websites or any association with their operators.

Entire Agreement
These Terms and Conditions, the aup, the Privacy Policy and other policies contain the entire agreement and understanding concerning the Services and supersede all prior negotiations, proposed agreements, and all other agreements, whether electronic, written or oral. The Terms and Conditions may be modified at any time by Fry's and the latest version of the Terms and Conditions may be found at http://www.frys.com/aup.html. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative hearings based upon or relation to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Assignment and Successors in Interest
All Terms and Conditions shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and permitted assigns of Customer. Except as specifically stated herein, neither these Terms and Conditions nor any of the rights, interests or obligations of Customer shall be assigned or delegated without prior written consent of Fry's. Any unauthorized assignment or delegation shall be null and void.

Venue/Choice of Law
Theses Terms and Conditions, the aup and other policies shall be construed in accordance with the laws of the State of California (excluding rules regarding conflicts of law) and the United States of America. In the event of any dispute, the parties submit to the personal jurisdiction of and venue in the Superior Court of the State of California, County of Santa Clara, or the United States District Court of the Northern District of California in Santa Clara County.

Severability
In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealable judgment that any provision of these Terms and Conditions, the aup, or other policies (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of which will remain in full force and effect.