PEOPLEPC ACCEPTABLE USE POLICY

1. INTRODUCTION

PeoplePC's Acceptable Use Policy ("AUP") is intended to help enhance the use of the Internet by preventing unacceptable use. All users of PeoplePC's Internet services (the "Services") - those who access some of our Services but do not have accounts ("Visitors"), as well as those who pay a monthly service fee to subscribe to the Services ("Members") - must comply with this AUP. PeoplePC supports the free flow of information and ideas over the Internet and does not actively monitor use of the Services under normal circumstances, nor does PeoplePC typically exercise editorial control over the content of any website, electronic mail transmission, news group, or other material created or accessible over or through the Services, except for certain proprietary websites. However, in accordance with the PeoplePC Online Service Agreement, PeoplePC may, with or without prior notice, remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. PeoplePC may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this AUP may result in the suspension or termination of either your access to the Services and/or your PeoplePC account or other actions as detailed in Section 3. This AUP should be read in conjunction with the PeoplePC Online Service Agreement and other policies.

2. VIOLATIONS OF PEOPLEPC'S ACCEPTABLE USE POLICY

The following constitute violations of this AUP:

• Illegal use. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.
• Harm to minors. Using the Services to harm, or attempt to harm, minors in any way. Use of the Services to receive, distribute, solicit, present or in any other way promote child pornography is expressly prohibited.
• Threats. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
• Harassment. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
• Fraudulent activity. Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters."
• Forgery or impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam email address collectors is allowed.
• Unsolicited commercial email/Unsolicited bulk email. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited.
• Unauthorized access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of PeoplePC's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
• Copyright or trademark infringement. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. PeoplePC is registered under the Digital Millennium Copyright Act of 1998.
• Collection of personal data. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
• Reselling the Services. Reselling the Services without PeoplePC's authorization.
• Network disruptions and unfriendly activity. Using the Services for any activity which adversely affects the ability of other people or systems to use PeoplePC Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Member may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Member may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
• News. Members should use their best judgment when posting to any newsgroup. Many groups have charters, published guidelines, FAQs, or "community standards" describing what is and is not considered appropriate. Usenet can be a valuable resource if used properly. The continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in most newsgroups, especially regional groups not specifically named for such. The presence of such articles in a group is not indicative of the group's "intended" use. Please familiarize yourself with basic Usenet netiquette before posting to a newsgroup. PeoplePC considers "multiposting" to 10 or more groups within a two week sliding window to be excessive. PeoplePC servers currently limit the number of allowable "cross-posts" to 9. Members may not cancel messages other than their own messages. A Member may cancel posts forged in that Member's name. PeoplePC may cancel any postings which violate this AUP.
• Long connections and multiple logins. Using a personal account for high volume or commercial use is prohibited. The Services are intended for periodic, active use of email, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. Members may stay connected so long as they are actively using that connection for the above purposes. Members may not use the Services on a standby or inactive basis in order to maintain a connection. Pinging is expressly prohibited. Accordingly, PeoplePC maintains the right to terminate any member's connection following any extended period of inactivity as determined by PeoplePC.
• Traffic and unknown third parties. Using the Services to route or relay traffic between unknown third parties or as a source of denial of service attacks, worms, or other service sending traffic to unknown third parties; any such traffic may be de-prioritized, throttled, or otherwise restricted without notice.
• Exceeding website size and traffic limitations. If a Member's billing plan offers free webspace, the Member will receive at least 10MB of free webspace for use with his or her PeoplePC Internet access account which is allocated at least 1GB of traffic per month (traffic is calculated on a formula multiplying the number of hits that your site receives by the size of your files). If a site exceeds its maximum monthly allotment of traffic, the site will become unavailable until the beginning of the next calendar month. A site that exceeds the maximum allowed webspace size will also become unavailable. Unavailability includes but may not be limited to the inability to access the site publicly or to publish to or modify the site's contents via certain Web creation tools.

3. REPORTING VIOLATIONS OF PEOPLEPC'S AUP

PeoplePC requests anyone who believes that there is a violation of this AUP to direct the relevant information to abuse@peoplepc.com. Anyone who believes the violation involves child pornography should direct the report to abuse.cp@peoplepc.com.

If available, the following information should be provided in the email report:

• The IP address used to commit the alleged violation
• The date and time of the alleged violation, including the time zone or offset from GMT
• Evidence of the alleged violation

If reporting an email, the email with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the above information.

PeoplePC may take any one or more of the following actions in response to complaints:

• Issue warnings: written or verbal
• Suspend the Member's newsgroup posting privileges
• Suspend the Member's account
• Terminate the Member's account
• Remove, block or otherwise prevent access to newsgroups or Member websites
• Bill the Member for administrative costs and/or reactivation charges
• Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

4. REVISIONS TO THIS ACCEPTABLE USE POLICY

PeoplePC reserves the right to revise, amend, or modify this AUP, PeoplePC Online Service Agreement and PeoplePC's other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the PeoplePC Online Service Agreement.

Version 07-01-2009

PEOPLEPC CIVIL SUBPOENA POLICY

PeoplePC Inc. ("PeoplePC") does not release personally identifying information about our customers except in limited instances related to law, security, or safety, or with a customer's express permission.

To request customer information from PeoplePC in a civil case, you must serve PeoplePC at the address listed below with a valid subpoena or court order and agree to compensate PeoplePC for PeoplePC's subpoena response services. Prior to responding, PeoplePC may require you to provide a copy of the complaint or other supporting documentation to demonstrate the materiality of the information requested.

In response to a valid civil subpoena, it is PeoplePC's policy to notify the customer of the civil request for their information. In non-emergency situations, PeoplePC will generally respond after approximately fifteen (15) days, unless the customer presents PeoplePC with notice of having filed a motion to quash the subpoena or having sought similar protection from a court. PeoplePC reserves the right to object to the subpoena on any applicable grounds.

If you are seeking information regarding a customer, please provide as much of the following as possible: customer name, account number, email address, mailing address, and telephone number. If you are seeking information related to an IP address, please include the date, time and time zone applicable to your request. In researching IP addresses, PeoplePC may also request a user name, where available. Please note that, regarding requests for customer or IP address information, PeoplePC does not retain such information indefinitely. For example, customer information that is older than six months and IP address information that is older than four months may be unavailable.

PeoplePC does not typically retain certain information such as outgoing email, downloaded email, or Web/chat logs. Please be advised that the Electronic Communications Privacy Act, 18 U.S.C. § 2701 et seq., prohibits an electronic communications service provider, such as PeoplePC, from producing the contents of an electronic communication, even pursuant to subpoena or court order, except in limited circumstances.

Send all subpoenas and court orders seeking customer information only via U.S. certified mail, Airborne Express, UPS, or Federal Express to:

EarthLink Legal Dept./Subpoena Compliance
1375 Peachtree Street
Level A
Atlanta, GA 30309

Follow-up requests may be submitted via facsimile at 404-287-4905. If you have any questions, please call 404-748-6191.

Subpoenas for information other than customer information must be served in accordance with applicable law. PeoplePC's registered agent for service of process is on file with the Georgia Secretary of State.

For its subpoena response services, PeoplePC charges $75.00 per hour for research, $0.25 per page for copies, and $22.00 per package to respond by overnight delivery. Additional charges may apply for requests involving voluminous information or other time or cost intensive requests. Invoices should be paid within 30 days of receipt, with checks must be made out to PeoplePC, Inc.

PeoplePC reserves the right to determine in its sole discretion the applicability of this policy to any particular request and this policy does not create any enforceable legal rights, either for PeoplePC customers or for requesting parties.

Version: 07-01-2009

PEOPLEPC COMMERCIAL EMAIL POLICY

1. SCOPE OF POLICY

The Commercial Email Policy of PeoplePC Inc. ("PeoplePC") is to be construed broadly to prohibit all forms of unsolicited and/or deceptive commercial email on the terms set forth below. As used herein, "email" refers broadly to all forms of Internet communication, including, but not limited to, emails, instant messages, and text messages. As used herein, "PeoplePC email address" means any email address or username corresponding to or including a domain owned by PeoplePC ("PeoplePC Domain"). The sending of an email to a PeoplePC email address necessarily entails access to, use of, and transmission into the "PeoplePC Network," as that term is defined and used below.

2. RULES GOVERNING THE USE OF THE PEOPLEPC NETWORK

PeoplePC owns the computers, mail servers, and other equipment that make up its Internet network (the "PeoplePC Network"). Because the PeoplePC Network is the property of PeoplePC, PeoplePC has the right to implement and enforce rules governing the use of the PeoplePC Network. These rules apply to anyone who uses or accesses the PeoplePC Network, including PeoplePC subscribers who send and receive email using the PeoplePC Network and non-PeoplePC subscribers who send email into the PeoplePC Network (i.e., who send email to a PeoplePC email address or username) or otherwise use or access the PeoplePC Network. The prohibitions set forth in the PeoplePC Commercial Email Policy supplement the rules and prohibitions set forth in the PeoplePC Acceptable Use Policy. Conduct that violates the PeoplePC Acceptable Use Policy may give rise to civil and/or criminal claims by PeoplePC even if that conduct is not specifically prohibited in the PeoplePC Commercial Email Policy.

3. PROHIBITED CONDUCT

PeoplePC prohibits the transmission of any and all unsolicited commercial emails ("spam") into, out of, or through the PeoplePC Network. This prohibition includes the sending of spam by any Internet user to a PeoplePC email address. PeoplePC also prohibits the transmission into, out of, or through the PeoplePC Network of any commercial email in which the sender has employed fraudulent or deceptive measures to disguise or obscure the actual source or sender of the email, including but not limited to: (a) the use of forged, false, or modified headers; (b) the use of forged ("spoofed"), invalid, or nonexistent "from" addresses; and/or (c) the intentional use without authorization of a third-party's mail servers or computer equipment to send or relay the commercial email ("third party relay" or "server hijacking"). In addition, PeoplePC prohibits the transmission into, out of, or through the PeoplePC Network of any commercial email in which the sender has used deceptive, misleading, off-topic, or gibberish language, text, or characters in the subject line or the text of the email, a primary effect of which is to disguise the actual nature or subject of the email. In relation to any commercial email sent using Internet resources other than the PeoplePC Network, PeoplePC prohibits the use of or reference to any PeoplePC email address or PeoplePC Domain in a manner that does or might create the erroneous impression that the email was sent into, out of, or through the PeoplePC Network, including but not limited to any reference in the "from" line to a PeoplePC email address.

4. EFFECT OF VIOLATION

Violation of the PeoplePC Commercial Email Policy by any person or entity represents unauthorized access to, trespass upon, and/or use of the PeoplePC Network and results in harm to PeoplePC. Such violations give rise to civil causes of action in PeoplePC's favor pursuant to a variety of federal and state laws, including but not limited to the Computer Fraud & Abuse Act (18 U.S.C. 1030 et seq.), the Georgia Computer Systems Protection Act (O.C.G.A. 16-9-90 et seq.), and common law trespass. Violations of the PeoplePC Commercial Email Policy may also result in criminal sanctions against the involved entities and individuals.

Violation of the PeoplePC Commercial Email Policy may also be actionable under the CAN-SPAM Act of 2003 (the "CAN-SPAM Act"). However, the commission of conduct that violates the PeoplePC Commercial Email Policy may result in civil damages and criminal sanctions even if the conduct is not otherwise prohibited by the CAN-SPAM Act.

5. RESERVATION OF PEOPLEPC'S RIGHTS

PeoplePC reserves the right in its sole discretion to take all legal steps and/or employ all technical measures that PeoplePC may deem necessary in order to prevent and/or stop violations of the rules governing the use of the PeoplePC Network, including the prohibitions set forth in the PeoplePC Commercial Email Policy and the other provisions of the PeoplePC Acceptable Use Policy. PeoplePC's failure to enforce this policy in every instance in which it might have application or in any particular instance as against any particular violator shall not constitute a waiver of PeoplePC's rights and remedies.

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PEOPLEPC DIGITAL MILLENNIUM COPYRIGHT ACT POLICY

PeoplePC Inc. ("PeoplePC") is committed to compliance with copyright law and expects all subscribers ("Members") and visitors to the PeoplePC Website to do the same. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed by means of the Internet. Under the DMCA, copyright owners may notify the designated agent of an Internet service provider about any alleged infringement of their protected works, as appearing on Web pages controlled or operated by the service provider.

Upon receipt of a properly delivered notification satisfying the requirements of the DMCA, PeoplePC will take down the allegedly infringing material or disable access to it. If the Member who posted the content believes in good faith that the take down or disabling was improper under the DMCA, the Member may submit a counter-notification to PeoplePC. If the counter-notification is presented in accordance with the requirements of the DMCA, PeoplePC will post the disputed content again or re-enable access to it. In any event, PeoplePC will not be a party to any dispute between third parties over alleged copyright infringement and will not seek to make an independent determination as to the validity of any claim that is the subject of any DMCA notification.

PeoplePC is providing the following information to you for informational purposes only. This information should NOT be construed as legal advice. If you believe that your rights have been violated and to help you understand your legal rights, you may wish to seek legal counsel.

1. NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT

If you believe that content on the PeoplePC Website or otherwise made available via PeoplePC is violating your rights under U.S. copyright law, you may send your DMCA notice to PeoplePC's designated agent in the manner described below.

For your notification to be considered under the DMCA, it must contain all of the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of those works.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or to which access is to be disabled, and information reasonably sufficient to permit PeoplePC to locate the material.
4. Information reasonably sufficient to permit PeoplePC to contact the complaining party, such as an address, telephone number and, if available, an email address.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or applicable law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).

You should be aware that, under the DCMA, making a misrepresentation in a DMCA notification concerning copyright infringement may make the notifying party liable for any damages, including costs and attorney's fees, incurred by the alleged infringer, by any copyright owner, by the copyright owner's authorized licensee or by PeoplePC.

2. COUNTER-NOTIFICATION

If your content has been removed or access to your content has been disabled as a result of a notice of copyright infringement, you may file a counter-notification with PeoplePC's designated agent at the address listed above. Your counter-notification must contain all of the following:

1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled and the location where the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or, if your address is outside of the United States, a statement that you so consent as to any judicial district in which PeoplePC may be found), and that you will accept service of process from the person, or an agent of the person, who provided the notification.

If PeoplePC receives a valid counter-notification, the DMCA provides that the removed material will be restored, or access re-enabled ten to fourteen business days following receipt of the counter-notification.

You should be aware that, under the DMCA, making a misrepresentation in a DMCA counter-notification concerning copyright infringement may make the notifying party liable for any damages, including costs and attorney's fees, incurred by any copyright owner, by the copyright owner's authorized licensee or by PeoplePC.

In addition to the rights and procedures set forth in the DMCA, under the PeoplePC Acceptable Use Policy, PeoplePC reserves the right to terminate or suspend accounts of Members known to PeoplePC to be repeat infringers of copyrights.

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PEOPLEPC FEEDBACK POLICY

By submitting ideas, comments or suggestions ("Feedback") to PeoplePC, including through feedback or survey web pages, you acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information; (ii) PeoplePC is not obligated to keep your Feedback confidential; (iii) your Feedback automatically will become the property of PeoplePC and you waive all claims against PeoplePC for infringement or misappropriation of any intellectual property rights in your Feedback; (iv) PeoplePC may use your Feedback for any purpose and in any way, including for improvements to its services or products or in conjunction with its promotions, without any obligation by PeoplePC to you; (v) you are not entitled to any compensation or remuneration of any kind from PeoplePC for your Feedback for any reason; and (vi) PeoplePC is not obligated to review your Feedback.

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PEOPLEPC PRIVACY POLICY

Read This Privacy Policy Carefully Before Using Our Internet Services.

PeoplePC has created this Privacy Policy to demonstrate our firm commitment to your privacy and security. This Privacy Policy describes the personally identifiable information we acquire online ("Personal Data") from subscribers ("Members") and users of our services (the "Services"), the non-personally identifiable information we may collect, how we use the information we collect, and the choices you have concerning the collection and use of such information. Please read this Privacy Policy carefully.

PeoplePC reserves the right to revise, amend, or modify this policy at any time and in any manner so please review it frequently. Any revision, amendment, or modification will be posted on our web site: www.peoplepc.com. Any changes we make will be effective from the date shown as the Effective Date. However, so that our Policy applies uniformly to all Members, the Privacy Policy as modified will apply to Personal Data without regard to whether it was collected before or after such Effective Date.

Our site contains links to sites operated by third parties. Each company has its own privacy policies and practices, and PeoplePC is not responsible for the privacy practices or content of third party web sites. Please read these third party policies and use your own judgment when visiting these sites.

Topics you will find in this Policy:

• Personal registration information.
  When you register as a PeoplePC Member, you will provide to us the following Personal Data: your name, telephone number, date of birth, billing and shipping addresses, email address and billing information (i.e., a credit card or debit account number). In addition, when you register, you will choose a Member Name and Password. You may also be asked to provide Personal Data when registering for other online services provided by PeoplePC. PeoplePC and its partners (see below) may use your contact information to ship your purchases to you and to provide membership services to you.
  
  We may use your Personal Data to communicate with you via email or conventional mail. These communications may relate to PeoplePC or to products and/or services offered by our merchant partners. We may use your Personal Data to communicate with you via telephone about your PeoplePC account.
• Information you decide to publish on the Internet.
  You may supply additional information about yourself in your online activities. For instance, you may publish your own web page or participate in online chat rooms. You have decided to make this information publicly available on the Internet. Information you voluntarily publish is not subject to this Privacy Policy.
• Responses to promotional events and contests.
  From time to time PeoplePC or its partners may conduct contests or other promotional events. As a condition of participating in these events, Members may be asked to provide Personal Data. You will be notified of the use to be made of such information at the time the information is requested, and you will have the opportunity to decline to participate. Information you provide through promotional events will be used as disclosed in the event solicitation materials.
• Responses to surveys.
  From time to time, we may conduct online, phone and/or mail surveys. Our surveys may ask for information such as profile data or Member experience opinions. Depending on the nature of the survey, we may disclose survey results to third parties on an aggregate basis without restriction. We may also use this data to personalize our site so that you see content in which we think you might be interested.
• Communications with us.
  You may contact us from time to time regarding matters related to your membership and the Services we provide. If you contact us by phone, email, or mail, we may keep a record of our communications with you, and use the information you provide so that we can respond to your inquiry.
• Choice/Opt-Out.
  We provide you the opportunity to opt-out of having your Personal Data used for certain purposes in the "My Account" section of the PeoplePC Member site (http://home.peoplepc.com/account). For example, you may opt-out of receiving email marketing communications from PeoplePC, its merchant vendors or partners by updating the email preferences found in this section.
  
  If you want to reduce the amount of national advertising mail you receive at home visit the Direct Marketing Association's web site or send your name and address to: Mail Preference Service, Attn: Dept. 11097045, Direct Marketing Association, P.O. Box 282, Carmel, NY 10512. A fee may be charged for online registration.

• IP address.
  We use your IP address to help diagnose problems with our servers and to administer our web sites, and to help identify you. We may use this information for such things as helping us to track the success of new features.
• Use of cookies
  Our site uses cookies to deliver content specific to your interests, and to allow us to better understand how you like to use our site. For example, we might track which of our site pages you visit and save this information in the form of a "cookie" or similar file. We also use cookies to save your Password so you do not have to re-enter it each time you visit our site. Cookies are stored on your computer hard drive, not on our servers. Cookies do not spy on you, and they cannot be used to breach the security of your hard drive and steal information. You are always free to decline cookies if your browser permits.
  
  Advertisers and partners may also use their own cookies on their own sites. We do not control use of these cookies and expressly disclaim responsibility for information collected through them.
• Web Beacons.
  Third party vendors who provide PeoplePC with reporting and email services employ a software technology called clear gifs (also known as web beacons). Clear gifs are tiny, invisible graphics with a unique identifier, similar in function to cookies. Clear gifs are only tied to your personal data for the purpose of tracking your initial registration, changes in account status and addition of account services. Clear gifs may be included in html emails for reporting purposes.
• Your use of the PeoplePC Sites.
  In order to provide better service to you, PeoplePC monitors usage of the PeoplePC Sites. For instance, we may track hits to each of the pages in our site, the access numbers you are using, the length and time of your Internet sessions. PeoplePC and its e-commerce partners may also collect data on transactions you engage in on the PeoplePC sites and partner sites. We may share aggregated statistical information with advertisers, business partners, sponsors or other third parties, but none of them receives individual Personal Data about you collected at our sites. For example, we may tell an advertiser that X number of visitors visited a certain area on a Web site but we would not disclose any information that would identify those individuals. We share this information only on an aggregate, anonymous basis and never on an individual basis, except as otherwise provided for in this Privacy Policy.

• PeoplePal Toolbar.
  The PeoplePal Toolbar is installed as part of the PeoplePC software installation and automatically appears along with the Internet Explorer toolbar. It does not intentionally interfere with any other software program on your computer. URL visits and search queries made using the toolbar are not stored on our servers and are not transmitted to any third party. PeoplePC may track and statistically analyze the installation history and usage of the PeoplePal toolbar and its buttons in order to improve the functionality, content, or quality of the Toolbar. While you have the PeoplePal Toolbar installed, new versions may automatically be downloaded and installed on your computer. This keeps your software current and lets you use new features as soon as they are available.
• PeoplePages.
  PeoplePages is a feature that allows you to create a special page on which you can voluntarily post information about yourself, including Personal Data. Your PeoplePage will be available to anyone surfing the PeoplePages site, including non-PeoplePC members. By posting Personal Data on your PeoplePage, you are assuming the risk that persons accessing the PeoplePages site may use or misuse such information. PeoplePC will not be responsible or liable for such use or misuse. In addition, PeoplePC may feature your personal PeoplePage (as one of our "Featured Pages" or otherwise) on the PeoplePages site. Information you provide on your PeoplePage may also be used to offer you an improved, more personalized PeoplePC experience.

4. Information Exchanged with Our Vendors.

5. Information Exchanged with Merchant Partners.

6. Information Exchanged with Other Partners.

• Security.
  Our sites have security measures in place to protect the loss, misuse, and alteration of the information under our control. We use commercial industry-standard methods to protect your information from unauthorized access. Among other techniques, we store such information on a computer behind our "firewall" in a secure location. There is no such thing as perfect security, and whatever the level of security, it is always possible that security breaches could occur. PeoplePC is not responsible for damages caused by the intentional wrongful actions of others that result in a breach of security.
• PeoplePC's commitment to children's privacy.
  Protecting children's privacy is especially important to us. It is our policy to comply with the Children's Online Privacy Protection Act of 1998 and all other applicable laws. You must be 18 to use the Services. PeoplePC does not attempt to ask or collect information from any person under the age of 18.
  
  For information about tips, tools, age-appropriate or kid-friendly web sites and how to report online trouble, please visit www.getnetwise.org/.
  
  PeoplePC recommends that children ask a parent for permission before sending personal data to PeoplePC, or to anyone else online.
• Special circumstances.
  PeoplePC may be required by law enforcement agencies or judicial authorities to provide Personal Data on individual users. In matters involving a danger to personal or public safety, PeoplePC may voluntarily share Personal Data with appropriate governmental authorities. In circumstances involving a breach of PeoplePC's Acceptable Use Policy, PeoplePC may share Personal Data with governmental authorities and with the companies that provide Internet connectivity to PeoplePC. PeoplePC may also disclose Personal Data where necessary to identify, contact, or bring legal action against someone who may be violating PeoplePC's Acceptable Use Policy or any of the applicable user policies, to operate PeoplePC's services properly, or to protect PeoplePC or its Members.
• Changing/Removing information.
  If you wish to have information you have provided to us removed from our records or changed please contact us at one of the addresses listed below, and we will use all reasonable efforts to accommodate your request
• Contacting us.
  Please contact us if you have any questions or concerns about your privacy as a PeoplePC Member or on PeoplePC's sites. You can reach PeoplePC via email at member.services@peoplepc.com or via mail at:

  PeoplePC
  Attn: Privacy Policy Coordinator
  1375 Peachtree St., Level A
  Atlanta, GA 30309
  

8. Acceptance of These Terms.

Version 2006.04
Effective Date: April 24 2006

PEOPLEPC ONLINE SERVICE AGREEMENT (DIAL-UP)

This PeoplePC Online Service Agreement (Dial-Up) ("Agreement") is between PeoplePC Inc. ("PeoplePC") and you for any of PeoplePC's dial-up Internet access service ("Service"). This Agreement consists of the terms and conditions below, the specific terms of your billing plan for the Service, the PeoplePC Privacy Policy the PeoplePC Acceptable Use Policy, which are found at http://www.peoplepc.com/about/, all of which are incorporated herein.

PeoplePC may from time to time unilaterally amend this Agreement by posting amendments online. You will be deemed to have accepted the amended Agreement after such revised Agreement is posted on this web site unless you terminate the Service in accordance with the terms of this Agreement. Except as provided in the preceding sentence, this Agreement may not be amended. If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Service.

Topics you will find in this Agreement:

1. Application and Acceptance.

2. Your Use of the Service.

3. Use of the Service by Others.

4. Termination.

5. Compliance.

6. Special Promotions.

7. Fees.

8. Availability of Internet Access Numbers.

9. Telephone Charges and Computer Equipment.

10. Use of the Service consistent with the PeoplePC Acceptable Use Policy.

11. Restrictions on Use of the Service.

12. Operation of the Service.

13. Content.

14. Disclaimer of Warranties.

15. Limitation of Liability.

16. Indemnification.

17. Information.

18. Shopping through PeoplePC.

19. Software.

20. Technical support.

21. Links.

22. Security.

23. Notices.

24. General.

Version 07-01-2009

PEOPLEPC DSL SERVICE AGREEMENT
READ THIS AGREEMENT CAREFULLY BEFORE USING PEOPLEPC'S DSL SERVICE.

1. AGREEMENT

This agreement ("Agreement") is between PeoplePC Inc. ("PeoplePC") and you for PeoplePC's DSL Internet access service ("Service"). This Agreement consists of the terms and conditions below, the specific terms of your billing plan for the Service, the PeoplePC Privacy Policy, the PeoplePC Acceptable Use Policy , which are found at http://www.peoplepc.com/about/#pa, all of which are incorporated herein.

By establishing an account with PeoplePC, using the Service, or indicating agreement to subscribe to the Service through the PeoplePC website, you agree to be bound by this Agreement and to use the Service in compliance with the terms of this Agreement.

2. TERM OF THIS AGREEMENT

The effective date of this Agreement begins on your account billing start date, as indicated on your first invoice. If the billing plan for the Service has a specific term (for example, 12 months), this Agreement will continue on a month-to-month basis after such term is over until you notify us otherwise. PeoplePC reserves the right to change prices of your billing plan upon 30 days written notice prior to the effective date of such new pricing. PeoplePC reserves the right to change any of the features, content or applications of the Service at any time with or without notice to you. Current Service prices and features may be obtained by visiting the PeoplePC website at www.peoplepc.com or by calling 866-772-6277.

PeoplePC may terminate this Agreement, your password, your account, or your use of the Service for any reason, including, without limitation, if PeoplePC, in its sole discretion, believes you have violated this Agreement or if you fail to pay any charges when due. Termination notice will be sent to you via email or U.S. Mail to the address you provided when subscribing to the Service. This Agreement terminates upon the termination of the Service. Sections 4, 5, 10, 11, 13, 14 and 16 of this Agreement will survive termination of this Agreement.

3. THE SERVICE

The Service includes the modem and filters ("PeoplePC-provided Equipment") provided in the free PeoplePC DSL self- installation kit, Internet access, software, email, web space and other features. From time to time PeoplePC may impose reasonable rules and regulations regarding the use of the Service.

The Service speed may vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of PeoplePC. PeoplePC does not guarantee upload or download speeds. Some line stabilization may be necessary for the Service. Stabilization could include the lowering of provisioned line speed. Should this occur, PeoplePC will NOT be able to increase the line speed once the connection is stabilized. The Service may only work using certain telephone carriers or non-PBX (including rollover/party line) phone systems and may be limited by specific geographic location.

If you purchase a separate dial-up account or if your Service includes dial-up hours, you are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or any other charges, including simultaneous login charges. PeoplePC does not guarantee that any dial-up access numbers PeoplePC provides to you will be a local call from your location. PeoplePC is not responsible for any long-distance, toll, or other charges you incur. Toll-free (800, 888, 877), international, and simultaneous login access costs will be extra. Current prices are listed on the PeoplePC homepage at www.peoplepc.com. PeoplePC may change its POP numbers at any time. PeoplePC reserves the right to direct you to use certain numbers to access the Service or to restrict use of specific access numbers.

Usernames, passwords, email addresses and IP addresses are PeoplePC's property and PeoplePC may alter or replace them at any time. If your inbox is approaching the storage limit for the Service, it will be noted visually on your web mail and PeoplePC also will send you email notices to your PeoplePC email address notifying you that you are approaching your email storage limit. Email accounts exceeding allotted email space may, depending on the Service and at PeoplePC's discretion, be suspended and be transferred to a compressed temporary file or storage or may be deleted.

Your service billing plan provides for up to 20 hours per month of dial-up modem access to the Internet. In the event that two or more modem connections are logged into your account at the same time, then simultaneous usage ("Simultaneous Usage") charges will accrue for that month. The Simultaneous Usage fee is $1.00 per hour, pro-rated to the minute, through the end of the monthly billing cycle. The Simultaneous Usage fee will be added to your monthly bill. Your primary connection to the Internet via DSL does not count directly toward the Simultaneous Usage calculations.

You represent that when you transmit, upload, post or submit any content, images or data using the Service you have the legal right to do so and that your use of such data or content does not violate the copyright or trademark laws or any other third party rights. You agree that PeoplePC has no responsibility for the accuracy, completeness, value or usefulness of any content, advice or opinions contained in any emails, message boards, chat rooms, social networks or online services.

4. ACCOUNT REQUIREMENTS

In order to order and receive the Service, you acknowledge that you are 18 years of age or older, and you have legal authority to enter into this Agreement. You must provide PeoplePC with a valid credit card, debit card or other PeoplePC approved payment methods for the Service. The Service must be available to your location. The Service may require a separate active telephone, cable, or satellite service provider in order for the Service to work. You are responsible for charges for such telephone, cable or satellite service providers. Changing telephone carriers or cable providers may result in substantial interruption of the Service and may result in fees associated with cancellation and setting up a new account.

Your computer may have to meet certain minimum requirements, which may be found on the PeoplePC homepage at: www.peoplepc.com.

5. PAYMENT

You will be charged a monthly Service fee and other fees. If your billing plan is based on a monthly subscription fee, you will be billed a flat monthly fee. If your billing plan is based on usage, you will be billed each month based on usage. All payments will be made in US dollars.

The Service may also include charges for hardware, activation, early cancellation, billing fees or shipping and handling. You must provide accurate billing information including legal name, address, telephone number, and credit card or debit card billing information, and report all changes to such information promptly to PeoplePC.

You agree to pay all taxes, surcharges, and fees set by the government. PeoplePC may not always give advance notice of changes to these items. You must provide accurate billing information including legal name, address, telephone number, and credit card or debit card billing information, and report all changes to such information promptly to PeoplePC.

Questions regarding charges to an account should be directed to the PeoplePC Customer Service Department at 866-772-6277. All charges are considered valid unless disputed in writing within 30 days of the billing date and mailed to:

PeoplePC Inc.
Customer Service
1375 Peachtree Street
Level A
Atlanta, Georgia 30309

Adjustments will not be made for charges that are disputed more than 30 days after the billing date. Your account will be automatically inactivated if you put a stop payment on your account with your financial institution in connection with payment of your monthly bill.

Charges may be billed on or after your billing cycle date to your method of payment on file each month for the Service and any additional usage, services, taxes and fees. PeoplePC is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by PeoplePC.

PeoplePC reserves the right to validate the payment method information you provide at registration and account updates including attempting up to a $1.00 authorization to your credit card or debit card which is not actually billed. If you provided PeoplePC with a valid credit card or debit card, you agree to maintain valid and current credit card or debit card information on file with PeoplePC at all times. You acknowledge and agree that you authorize PeoplePC and that PeoplePC does not need to obtain any additional authorization from you for any recurring payments, automatic billing options or updated credit card or debit card information provided by your credit card or debit card company to PeoplePC.

If payment by check has been accepted by PeoplePC, then payments by check must be received by PeoplePC by the due date listed in your monthly invoice. When you pay your fees by check, you authorize PeoplePC to electronically process your payment. If your check is processed electronically, your checking account may be debited on the same day as PeoplePC receives your check and neither your check nor a copy of your check will be included with your checking account statement.

PeoplePC charges a shipping and handling fee for shipping the PeoplePC DSL self-installation kit to you. The free PeoplePC DSL self-installation kit includes the software needed to begin using the Service and the PeoplePC-provided Equipment. After your payment of the shipping and handling fee clears, PeoplePC will begin the provisioning process which includes shipping the PeoplePC DSL self-installation kit to you. PeoplePC recommends use of the PeoplePC-provided Equipment in order to insure proper ongoing support for the Service, however, if you decide to use another provider's modem, the provisioning process will begin immediately after sign-up. ¹

6. CANCELLATION

If you are dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, you can cancel your account in accordance with the terms of this Agreement. If you cancel the Service prior to completing your twelve month billing term commitment, you agree to pay PeoplePC the early termination fee set forth in your billing plan.

Delinquent accounts may be suspended or canceled at PeoplePC's sole discretion. If you pay the monthly Service fee to a third party provider, your account also may be suspended for non-payment if such account is delinquent. If your account is suspended, PeoplePC may charge a reinstatement fee to reactivate your account.

Upon cancellation, your email services will be terminated and you will no longer have access to your email, files or other information on PeoplePC's servers.

PeoplePC only accepts cancellation by phone or U.S. Mail. PeoplePC does NOT accept cancellations by email or facsimile. Accounts are set to close at the end of the current billing period. When canceling by telephone, you will be issued a confirmation number as the only proof of cancellation. PeoplePC does not grant refunds or credits for any prior use including partial use during the last month of cancellation. If you cancel by one of the prescribed methods listed below and are mistakenly billed again, PeoplePC will refund any erroneous charges upon proof of such cancellation.

To cancel the Service you must do one of the following:

Phone Cancellation: 866-772-6277

Mail Cancellation: Send registered or certified mail, return receipt requested to:

PeoplePC Inc. Attn: Cancel PeoplePC DSL
1375 Peachtree Street
Level A
Atlanta, GA 30309

Any changes to your Service billing plan prior to the expiration of such billing plan's term commitment will result in an early termination fee. Such changes resulting in an early termination fee may include (i) cancellation of the Service by you, or (ii) your downgrading or changing your Service to one of PeoplePC's dial-up services.

In addition, if you move the Service to a new location, change your local telephone company within the same location or discontinue your local telephone service within the same location during the term of your billing plan commitment, you will be charged an early termination fee.

If PeoplePC can provide the Service at the new location or on your new telephone line, you must pay the activation fee since this requires a new installation; however, PeoplePC will credit a portion of the early termination fee to your account providing you reactivate the Service and begin a new billing plan within 60 days from the date you terminated the previous Service. If PeoplePC cannot provide the Service at your new location or on your new telephone line, you will be charged the early termination fee.

PeoplePC will mail you a shipping label upon cancellation and will not accept returns without an PeoplePC supplied shipping label. All PeoplePC-provided Equipment returns must have an PeoplePC supplied shipping label or they will be rejected.

If you cancel your account and return all PeoplePC-provided Equipment in their original packaging (or equivalent) using an PeoplePC supplied return shipping label within 30 days from the Service activation date, PeoplePC will refund certain fees incurred up to the cancellation date, excluding charges for certain usage, including but not limited to, international calls, directory assistance and other metered usage, applicable taxes or other governmental fees, postage and handling. Except in certain cases in PeoplePC's sole discretion (e.g., improperly invoiced charges), PeoplePC will not refund any fees after 30 days from the Service activation date.

PeoplePC, in its discretion, may replace PeoplePC-provided Equipment on an active account due to manufacturer's defect at no cost to you under all of the following conditions: You call the PeoplePC Technical Support Department within one year of your original shipping date; The PeoplePC Technical Support Department certifies that a defect has occurred and; You return the PeoplePC-provided Equipment in the original packaging (or equivalent) using an PeoplePC provided shipping label within 30 days of certification. Upon certification, PeoplePC will ship replacement PeoplePC-provided Equipment to you. Failure to return the certified Equipment within 30 days of certification will result in a charge for the new PeoplePC-provided Equipment. PeoplePC will not accept the return of PeoplePC-provided Equipment without PeoplePC Technical Support Department certification and shipping label after 30 days from the original shipping date of the PeoplePC-provided Equipment. PeoplePC will not replace any PeoplePC-provided Equipment without a fee after one year from your original shipping date; however, you can purchase new PeoplePC-provided Equipment after the first year.

7. YOUR ACCOUNT, PASSWORD, AND SECURITY

Upon registration, you will receive a username, password, and other account information. You and members of your household (i) are the only authorized users of your PeoplePC account and (ii) must comply with this Agreement.

You and members of your household who have access to your secure account information must keep your user ID and password confidential so that no one else may access your account information or ability to connect through your account. You must notify PeoplePC immediately upon discovering any unauthorized use of your secure account information by calling 866-772-6277.

In addition, you agree that you are solely responsible for maintaining the security of your computer(s) and data including the encryption of data and the protection of your usernames and passwords. You are solely responsible for the management of your information on your computer including back up and restoration of your data. PeoplePC recommends that you use commercial anti-virus, anti-spy and firewall software including appropriate updating of such software.

Unless the Service includes a Static IP, you will be allocated a Dynamic IP address. PeoplePC reserves the right to timeout inactive connections. Your email and webspace may be inactivated if you exceed storage limits. You may reduce the size or purchase additional space. Usage and webspace exceeding the allotted amount of bandwidth may be billed for excess traffic. Email, webspace, and bandwidth limits are posted throughout the PeoplePC Website at www.peoplepc.com. These limits may also be obtained by calling 866-772-6277. PeoplePC reserves the right to change limits at any time upon 30 days prior notice. Policies regarding use of the personal web pages are set forth in the PeoplePC Acceptable Use Policy.

PeoplePC technical support may be limited. Limitations may include, but are not limited to, certain software, certain operating systems, all original manufacturing hardware, and certain PeoplePC-provided services that are no longer marketed by PeoplePC

8. INSTALLATION OF PEOPLEPC-PROVIDED EQUIPMENT

The installation, use, inspection, maintenance, repair, and removal of the PeoplePC-provided Equipment may result in service outage or potential damage to your computer. You are solely responsible for backing up all of your existing computer files and data. PeoplePC and its employees, officers, directors, agents, contractors, and representatives will have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals. You assume responsibility for impacts to or loss of any warranty associated with the opening of your computer for installation purposes.

If you are unable to perform self-installation of the PeoplePC-provided Equipment, PeoplePC may suggest an outside vendor to help install the PeoplePC-provided Equipment. You will be responsible for all costs and scheduling associated with the installation of the PeoplePC-provided Equipment by a third party. You are also responsible for all inside wiring repair necessary to install the PeoplePC-provided Equipment. If you are not the owner of the premises, you warrant that you have obtained the consent of the owner for vendor personnel and/or its agents to enter the premises for installation. You will indemnify and hold PeoplePC harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement.

PEOPLEPC DOES NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY YOU OR A THIRD PARTY CHOSEN BY YOU WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICE, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION, PEOPLEPC WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS, USE, OR OPERATE THE PEOPLEPC-PROVIDED EQUIPMENT OR SERVICE BECAUSE OF YOUR INSTALLATION.THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION TO AND WILL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT.

Because of the complex nature of Internet service, availability, and the underlying infrastructure, it may not be possible to provide the Service to everyone. In its sole discretion, PeoplePC may cancel the installation process and refund any money that you have paid. PeoplePC will notify you of its intent to cancel as soon as reasonably possible. It may take up to 90 days to determine if PeoplePC is able to provide a Service. PeoplePC will have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation or provide the Service.

9. MONITORING THE SERVICE

PeoplePC has no obligation to monitor the Service, but may do so if PeoplePC, in its sole discretion, believes that to do so would be needed to: comply with laws, regulations, or governmental or legal requests; operate the technical aspects of the Service in a proper, effective, and reasonable manner; or protect itself, its employees, its customers or others as described in the PeoplePC Privacy Policy. PeoplePC would only disclose information to third parties regarding your use of the Service in a manner that is consistent with the PeoplePC Privacy Policy. PeoplePC may immediately remove your material or information from PeoplePC's servers, in whole or in part, which PeoplePC reasonably believes to infringe on another's property rights or to violate the PeoplePC Acceptable Use Policy or other policies, laws or regulations.

10. DISCLAIMERS AND WARRANTIES

YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PEOPLEPC AND ITS SUPPLIERS DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. PEOPLEPC AND ITS SUPPLIERS MAKE NO EXPRESS WARRANTIES AND WAIVE ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH PEOPLEPC OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY PEOPLEPC, ITS REPRESENTATIVES OR ITS SUPPLIERS WILL CREATE A WARRANTY.

PEOPLEPC, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS AND CONTRACTORS (COLLECTIVELY, "PEOPLEPC PARTIES") WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, THE CUMULATIVE LIABILITY OF ANY PEOPLEPC PARTY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM. PEOPLEPC DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE CAN BE PROVISIONED TO YOUR LOCATION EVEN IF PEOPLEPC HAS ACCEPTED YOUR ORDER FOR THE SERVICE.

CERTAIN PEOPLEPC-PROVIDED EQUIPMENT MAY BE SUBJECT TO THIRD PARTY WARRANTIES, WHICH MAY BE PASSED THROUGH PEOPLEPC TO YOU AT NO ADDITIONAL CHARGE. PEOPLEPC WILL COMPLY WITH ALL REASONABLE REQUIREMENTS NECESSARY TO AFFECT THE PASS-THROUGH OF THE WARRANTY TO YOU. AT ITS SOLE OPTION WITHIN THE TERM, PEOPLEPC OR ITS AGENT MAY REPLACE A DEFECTIVE HARDWARE ON BEHALF OF THE MANUFACTURER, PROVIDED YOU FOLLOW ALL APPLICABLE PROCEDURES AND OBTAIN A RETURN MATERIALS AUTHORIZATION (RMA) NUMBER. THIS WARRANTY DOES NOT COVER DEFECTS RESULTING FROM ACTS OUTSIDE OF PEOPLEPC'S CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR OR MODIFICATION BY ANYONE OTHER THAN PEOPLEPC OR ITS CONTRACTOR. PEOPLEPC RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME. PEOPLEPC WILL NOT BE RESPONSIBLE FOR ANY PEOPLEPC-PROVIDED EQUIPMENT DAMAGED BY ANY NATURALLY OCCURRING EVENT SUCH AS LIGHTNING, FLOOD, OR EARTHQUAKE OR OTHER EVENTS OUT OF PEOPLEPC'S CONTROL SUCH AS FIRE, POWER SURGES, OR THE ACTS OF OTHERS.

PEOPLEPC WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE; YOUR RELIANCE ON OR USE OF THE PEOPLEPC-PROVIDED EQUIPMENT OR SERVICE, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, CORRUPTION OF DATA, INVALID DESTINATIONS OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICE; THE USE OF THE PEOPLEPC-PROVIDED EQUIPMENT OR SERVICE BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK,TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS,AND USEFULNESS OF THE SERVICES, PRODUCTS, AND OTHER INFORMATION; OR THE MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE USE OF THE SERVICE.

THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF ANY PEOPLEPC PARTY WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST ANY PEOPLEPC PARTY IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT ARE AS EXPRESSLY SET FORTH THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS UNDER CERTAIN LAWS IN CERTAIN STATES WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

11. INDEMNIFICATION

You agree to defend, indemnify and hold the PeoplePC Parties harmless from and against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that a PeoplePC Party may sustain or incur by reason of your use of the Service or the use of the Service by anyone else in your household (i) in violation of applicable laws, regulations or the terms of this Agreement, (ii) to transmit any messages, content, images or other information via the Internet, (iii) in connection with any claims for infringement of any intellectual property rights arising from or in connection with use of the Service, or (iv) in any manner that harms any person resulting in the personal injury or death of any person or in damage to or loss of any tangible or intangible (including data) property.

12. TECHNICAL SUPPORT POLICY

Due to the wide range of hardware and software configurations and compatibility, it may not be possible for PeoplePC to provide technical support for your current set of products. In certain circumstances, it may be necessary to refer you to the manufacturer of your hardware or software vendor for technical support of their products.

13. GOVERNING LAW

This Agreement is governed by Georgia law without regard to conflict of law provisions.

14. DISPUTE RESOLUTION BY BINDING ARBITRATION

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration will be governed by Georgia law. The arbitrator will be an expert in the field of Internet services and will be bound by the terms of this Agreement.

The arbitrator's award will be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any customer seeking arbitration pursuant to this Agreement will pursue such arbitration on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding. There will be no class action arbitration pursuant to this Agreement.

California residents are entitled to the following information: The Service is provided by PeoplePC Inc., 1375 Peachtree Street, Atlanta, Georgia 30309. Phone: (800) 866-772-6277.

Charges vary depending on the type of Service. Current pricing may be obtained from the PeoplePC website: www.peoplepc.com. PeoplePC reserves the right to change prices and institute new fees at any time upon 30 days prior notice.

Complaints and questions about the Service should be directed to PeoplePC Customer Service at (866) 772-6277. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254.

Actions arising from this Agreement may be brought in an appropriate California small claims court.

15. REVISIONS TO THE AGREEMENT

PeoplePC may revise, amend, or modify this Agreement from time to time. Notice of any revision, amendment, or modification will be posted on the PeoplePC web site: (www.peoplepc.com) and/or on your start pages and/or by email and/or in our various publications and mailings to your primary PeoplePC email account and will be effective on the date noted in the posting. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of PeoplePC. By continuing to use the Service after the amendments are effective, you accept and agree to abide by them.

16. MISCELLANEOUS

You may not assign your rights or delegate any of your duties under this Agreement without the prior written consent of PeoplePC, and any attempted assignment or delegation without such consent will be void. If one or more provisions of this Agreement will be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired thereby. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause in Section 14; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) will be null and void. PeoplePC will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of PeoplePC as reflected in the original provision. Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. PeoplePC may subcontract any work, obligations or other performance required of PeoplePC under this Agreement without your consent. PeoplePC will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a government in its sovereign capacity, acts of war, terrorism, acts of a public enemy, fires, earthquakes, acts of God, labor disputes, strikes, work slow-downs or other labor-related activity.

Version 05-06-2010

The following endnote summarizes the revisions made in this May 6, 2010 version of the Agreement compared to the previous version of the Agreement dated April 9, 2010.

¹ The last paragraph in Section 5 was added to clarify that PeoplePC will begin the provisioning process for the Service only after the shipping and handling fee for the free PeoplePC self-installation kit has cleared.

SIMULTANEOUS USAGE POLICY FOR PEOPLEPC UNLIMITED AND PEOPLEPC SECURITY PLUS

Your PeoplePC Unlimited or Security Plus dial-up account offers you virtually unlimited access to the Internet from one computer at a time. If you occasionally need to get your mail or browse the Internet at the same time, you can do that too ("Simultaneous Usage"). PeoplePC charges subscribers ("Members") a small fee for Simultaneous Use ―$1.00 per hour, prorated to the minute.

Frequently Asked Questions: Simultaneous Usage

1. When does Simultaneous Usage occur?
Simultaneous Usage occurs when two or more computers using ONE PeoplePC Internet access account are hooked up to PeoplePC at the same time.

2. What are some of the most common ways that Simultaneous Usage occurs?
If you sometimes use more than one computer to collect your mail or browse the Internet, you are at risk for Simultaneous Usage. Be certain that you disconnect from PeoplePC each time you leave your computer or are not actively using your connection. Some programs might check for mail automatically if your computer is not shut down. For example, if you leave your computer on at work with your PeoplePC email program open, and then you go home and look something up on the Internet through your PeoplePC Unlimited or Security Plus account, that could cause Simultaneous Usage. If you use your PeoplePC account from your laptop computer while you travel, and someone in your family continues to access the Internet regularly from your home computer, that could cause Simultaneous Usage too. If you have more than one computer in your house, it is very easy for family members to cause Simultaneous Usage unintentionally. To avoid these charges, you will want to be certain that no one else in your household or office is using your account at the same time you are. Always keep your password safe and private.

3. Do the multiple email addresses that come with my PeoplePC subscription entitle me and my family to get mail from PeoplePC and use the Internet from several different locations?
Most PeoplePC access plans come with multiple email addresses, each with its own Personal Start Page, webspace, and preferences―but these are for use with one PeoplePC Internet access account which means that only one person may dial in to the Internet and access your account at any one time. If family members typically use separate computers, you will need to be especially certain that two people or more are not logged in to PeoplePC at the same time. If it is important to you to avoid charges, you will want to take turns using the Internet or get separate PeoplePC access accounts.

4. Will PeoplePC ever bill my account without telling me first?
Yes. PeoplePC does not send warnings about Simultaneous Usage, so the first time you learn about Simultaneous Usage activity on your account might be when you receive your monthly bill. PeoplePC charges $1.00 per hour for Simultaneous Usage, prorated to the minute, through the end of each monthly billing cycle.

5. Is there any way to avoid Simultaneous Usage charges?
To avoid Simultaneous Usage charges, just be certain you are never logged on to the Internet from more than one computer at a time. However, if you are someone who often needs to use the Internet from two different places (say, work and home, or upstairs and downstairs), you might be able to save money by purchasing one or more additional PeoplePC accounts. To discuss this option, or to order your additional accounts today, please call us at 1-877-947-3327.

6. How will I know how often I have engaged in Simultaneous Usage? Can I keep track of my usage?
PeoplePC does not have a system that will allow you to keep track of your own Simultaneous Usage on a minute-by-minute basis.

7. Can a PeoplePC DSL modem accumulate Simultaneous Usage charges?
Since DSL accounts are "always on," PeoplePC handles Simultaneous Usage a little differently for Members with PeoplePC DSL Internet accounts. A Member's primary connection via DSL does not count directly toward the Simultaneous Usage calculations. With a DSL account, a Member is allowed up to 20 hours per month of dial-up modem access, called "roaming access," in addition to the Member's DSL line. If the 20-hour-per-month roaming access allowance is exceeded, additional roaming access charges apply. High Speed Internet accounts can only accrue Simultaneous Usage access charges when the Internet is accessed by via two dial-up modems at the same time. So as long as a Member is only using the primary computer (with DSL access) and up to one additional computer (with dial-up access), Simultaneous Usage fees should not apply.

Version: 07-01-2009