iEntertainment Network ("iEN", "Total Sim Series", "HelbreathUSA" or "Service") consists of the online computing, information services, products and other content provided by iEntertainment Network and subject to the terms and conditions of this member agreement ("Agreement"). In addition, third parties provide services and context which may be accessed over the Service and are bound by this Agreement ("ICPS"). This Agreement constitutes the entire agreement between you as an authorized user of iEN. By using iEN, you confirm your acceptance of, and agree to be bound by, this agreement. As an iEN account holder, you are purchasing a license on a per-minute or other limited time period basis, to access iEN services and play iEN's on-line games. Such use of iEN software and that of its content providers does not vest the user with any proprietary right to continued play or in accumulated character attributes. This license is on an at-will basis, and may be terminated by iEN at its sole discretion for violations of the terms of continued access, including its prohibition against trading, buying or selling accumulated character attributes or coinage for any form of real-life compensation (i.e., things of value outside the context of the game), and the posting of messages designed to induce others to engage in such transactions. These terms are in place so that the fantasy aspect of our games remain unsoiled by the real world. Please help us preserve the fantasy by adhering to this policy, and by informing iEN of account holders who break, or attempt to break, these rules. Thank you. You ("Subscriber") represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this agreement. You agree to pay all charges incurred by your account in accordance with the current rate schedule then in effect. This shall include any purchases made through the Service. Subscriber shall pay all applicable taxes relating to use of the Service. Subscriber shall be responsible for all use of the Service accessed through Subscriber's password. Subscriber shall maintain the security of your Subscriber identification, password and other confidential information relating to your iEN account. Either you or iEN may terminate your iEN membership at any time, with or without cause, upon notice. iEN also reserves the right to terminate or suspend your iEN membership without prior notice, but iEN will confirm such termination or suspension by subsequent notice. Upon notice published over the Service, iEN may modify this agreement, prices, and may discontinue or revise any and all other aspects of the Service at its sole discretion and without prior notice. You are responsible for reviewing information posted by iEN that deals with pricing and services. Continued use of iEN or non-termination of your membership after changes are posted constitutes your acceptance of the modifications. Payment of your iEN account balance is due monthly and must be made by the credit card or debit card designated by you for iEN use or by means of pre-payment by money order or check mailed to: IENT Account Services PO Box 3897 Cary, NC 27519 USA Each time you use iEN you agree and reaffirm that iEN is authorized to charge your designated card. You agree that iEN may, at its option, either accumulate charges until the end of the billing cycle or submit one or more aggregate charges during the billing cycle. You must promptly notify iEN of changes to; a) the account number or expiration date of your designated card or b) your billing address. You must notify iEN if your card is canceled or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your account number and password. iEN will provide you with an online statement of charges on your iEN account approximately as and when such charges are incurred and/or paid. Unless you notify iEN of any discrepancies or irregularities within seventy-five (75) days after they first appear in your online account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. YOU RELEASE iEN FROM ALL LIABILITY AND CLAIM OF LOSS RESULTING FROM ANY ERROR OR DISCREPANCY THAT IS NOT REPORTED TO iEN WITHIN SEVENTY-FIVE (75) DAYS OF ITS PUBLICATION DATE. iEN may, at its sole discretion and without notice to the member, (a) suspend the Subscriber's and its designated users' access to and use of the Service, or (b) terminate this agreement and Subscriber's and its designated users' access to and the use of the Service without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to iEN when iEN believes you are liable for the charge. If any payment due hereunder is not made by the member within thirty (30) days after the billing date, late charges of one and one-half percent (1 1/2%) per month shall be due and payable with respect to such payment or, if such rate is in excess of the allowable rate, the maximum rate allowed by law . Any charges incurred in the collection of delinquent accounts shall be passed onto the subscriber. This includes a fee (in addition to the subscription amount) of $15 per chargeback that was incurred on the account. You are responsible for your communications via iEN. You may not, under any circumstances, do any of the following: (a) publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful material or information via iEN; (b) use iEN to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (c) intercept or attempt to intercept Email; (d) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; (e) upload files that contain a virus or corrupted data; (f) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a forum; (g) falsify the source or origin of software or other material contained in a file that you upload to a forum; (h) use iEN in a manner that adversely affects the availability of its resources to other Subscribers; (i) send Email to Subscribers for any purpose other than personal communication, including to advertise or offer to sell goods or services to other Subscribers ; (j) download a file that you know (or reasonably should know) cannot be legally distributed via iEN (a file may have been uploaded notwithstanding such illegality); or (k) act, or fail to act, in your use of iEN, in a manner that is contrary to applicable law or regulation. Your failure to observe any of the foregoing limitations may result in civil or criminal liability, as well as termination of your membership. Subscribers are expressly prohibited from engaging in any activity that constitutes, in the sole opinion of iEN, system abuse. System abuse shall include, but is not limited to, attempts to circumvent subscriber authentication or security of any host, network, or account ("cracking"); attempts to interfere with or deny service to any subscriber or any host; furnishing false data on the signup form or via on-line application, including fraudulent use of credit card numbers; and any commercial use of iEN accounts or services without the express written permission of iEN. iEntertainment Network games are restricted to human participation only. The use of machines, computers, software, scripts or other automated system to increase the ability to play the games are strictly prohibited. Players are also restricted from playing the iEntertainment Network games with more than one type, version or copy of a browsing software application at any one time. Players are also restricted from using multiple accounts to in any way increase their odds of winning. Any violation of this rule will result in the registered players' immediate, total and permanent disqualification from this and any future games or other games or promotion available on iEntertainment Network sites. The company can, in its sole discretion, determine that a registered player has violated any of the rules or regulations and shall have no obligation to award any prizes won by the registered player. All decisions by the company are final and non-appealable. Subscribers expressly agree to use all of iEN's services only for lawful purposes. Transmission or storage of any information, data or material in violation of United States or state regulation or law or by the common law is prohibited, including but not limited to, material protected by copyright, trademark, trade secret, or any other statute. Subscriber's right to access the Service cannot be assigned, transferred or sublicensed. iEN does not endorse or stand behind the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) provided on or by means of iEN, other than information provided by authorized iEN spokespersons. Statements made in forums, conferences and chats reflect only the views of their authors. Neither forum managers nor iEN developers are authorized iEN spokespersons, and their views do not necessarily reflect those of iEN. SUBSCRIBER AGREES THAT SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER iEN, IT'S EMPLOYEES, LICENSERS, INFORMATION PROVIDERS, SUBCONTRACTORS OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. NEITHER iEN, IT'S EMPLOYEES, LICENSERS, INFORMATION PROVIDERS, SUBCONTRACTORS OR AGENTS WILL BE LIABLE TO THE SUBSCRIBER FOR ANY DAMAGES, INCLUDING LOST PROFITS OR LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF ACCESS TO, OR INABILITY TO GAIN ACCESS TO, THE SERVICE. YOUR USE OF iEN AND ALL iEN SOFTWARE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING iEN SOFTWARE) OBTAINED THROUGH iEN. YOU AGREE THAT iEN AND PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES FOR iEN WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE iEN OR ANY iEN SOFTWARE OR SERVICES, OR THE ACTIONS OR INACTIONS OF DEVELOPERS OR THE GOODS OR SERVICES THEY PROVIDE, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF iEN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. iEN'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF iEN, EXCLUSIVE OF PAYMENTS RELATING TO GOODS AND SERVICES PURCHASED FROM ICPS. YOU HEREBY RELEASE iEN FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. This agreement shall be governed by the laws of the State of North Carolina. Any cause of action of Subscriber with respect to the Service must be instituted in the State of North Carolina. Any cause of action of Subscriber or its designated users with respect to the Service must be instituted within one year after the claim or cause of action has arisen or be barred. Indemnification. You agree to indemnify iEN from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your iEN account, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other Subscribers and infringement of intellectual property or other rights. iEN will notify you promptly of any claim for which iEN seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to iEN interests, as reasonably determined by iEN. These terms and any other Operating Rules published over the Service shall constitute the entire and only agreement between iEN and Subscriber. You agree that you have read iEN's Privacy Statement and Ratings Statement posted at this website. If you wish to cancel an account, please email accounts@ient.com and enclose your full name and account name or number within the body of the message. Cancellations are processed as soon as possible and not held to the end of the billing cycle. The monthly membership fee and hourly usage fees are non-refundable. IMPORTANT: You MUST be at least eighteen (18) years of age to subscribe to the service. BILLING POLICY Price Plans Permitted forms of payment: Credit cards accepted: Visa, MasterCard and American Express are accepted. Prepayment: We will accept prepayment of charges in the form of a personal check, certified check, cashiers check, or money order. These must be in US funds. You must include your account name or number on the payment. Prepayment must be mailed to: IENT Account Services PO Box 3897 Cary, NC 27519 USA. Billing cycle Subscribers are billed for their price plan charge in advance per billing cycle and are then billed at the end of the period based on hourly charges incurred in excess of their price plan. Charges accrue by the elapsed time in hourly charges areas. Pricing and Billing Changes iEN may modify the terms of service, the Operating Rules or prices, and may discontinue or revise any or all aspects of the Service at its sole discretion, but only upon notice published over the Service. No prior notice of the above changes by iEN is required, except as provided herein. However, with regards solely to increases in hourly fees, subscribers will have the opportunity to terminate service prior to incurring any higher hourly fees. Suspension of Privileges iEN reserves the right to suspend access to iEN for Subscriber's account(s) immediately, without Notice, upon rejection of any credit card charges, non-payment, dishonor or chargeback by Subscriber's bank of authorized charges or any other indication of credit problems, or for any reason whatsoever at iEN's sole discretion without recourse from Subscriber. Termination by Subscriber A Subscriber's access and use may be terminated at any time, and without cause, by the user or iEN. The user must terminate by emailing wbaccounts@ient.com or send written notice to: IENT Account Services PO Box 3897 Cary, NC 27519 USA Subscriber is liable for any charges incurred by subscriber until the effective date of such termination which is either the date of the online termination or the date written notice is received from iEN. Subscribers will continue to be billed until they elect to terminate their account. IEN does not offer refunds for registered accounts except in the following circumstances: (1) if the account was opened fraudulently or (2) if the account was charged due to a billing error. Accounts that have been terminated due to violation of this Service Agreement will not be reactivated. Additional Charges Returned Checks: $20.00 Service Fee. Accounts past due 30 days: 1.5 % interest fee per month. Players that modify the game executable, or deliberately interfere with the game's network packets, or in any other way 'hack the game', may be charged a $9.95 maintenance fee for each instance. ***** HELBREATHUSA RULES OF CONDUCT ***** While you are a member of the HelbreathUSA Online Service, you must abide by the following rules. IF YOU BREAK ANY OF THESE RULES, YOUR HelbreathUSA ONLINE ACCOUNT, AND YOUR RIGHT TO USE THE HelbreathUSA ONLINE SERVICE, MAY BE TERMINATED IMMEDIATELY BY HelbreathUSA. IF THIS HAPPENS, YOU WILL NOT BE ENTITLED TO ANY REFUND OF ANY AMOUNTS PAID BY YOU TO USE THE HelbreathUSA ONLINE SERVICE AND YOU WILL FORFEIT ALL OF YOUR UNUSED ACCESS TIME. The usage of profanity or vulgarity in chat will result in a mute or possible lock of your account. This includes public, town, guild, local chat and whispers. Vulgar names, or names with a profanity will be changed to a random name. Macros are illegal, you will have your skill reset to zero. If it continues your character will be deleted and you’ll be forced to re-roll. Hacks are illegal, you will receive an account lock as a warning. If you continue your account will remain permanently banned. 1) You may not harass, threaten, embarrass or cause distress, unwanted attention or discomfort to another player. Such harassment is determined by Administration at iEntertainment. If you feel you are being harassed please take screenshots and submit them with a TIXX at http://www.helsupport.com. 2) You may not use any offensive or sexually explicit language, or use variations of capital letters and asci characters to avoid the in game chat filter. 3) You may not use any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable language toward any other player. 4) You may not impersonate any HelbreathUSA Online Customer Support representative or other employee of HelbreathUSA. This includes making characters with the prefix or suffix of “GM” 5) You may not market, promote or advertise anything, or make any other form of solicitation (including pyramid schemes and chain letters) on the HelbreathUSA Online Service or through the HelbreathUSA Online Web Site. 6) You may not violate any local, state, national or international law or regulation. 7) You may not modify any part of the HelbreathUSA Online Service or Web Site that HelbreathUSA does not specifically authorize you to modify. This includes editing *.pak files, sound files and game appearance. 8) You may not arrange for the exchange or transfer of any pirated software or other contraband while you are on the HelbreathUSA Online Service or Web Site, or use the HelbreathUSA Online Service or Web Site for any other illegal purpose. 9) You may not organize any guilds or groups that are based on, or espouse, any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate-mongering philosophy. 10) You may not use the HelbreathUSA Online Service or the HelbreathUSA Online Web Site for any activities other than activities that are permitted within the game world. 11) You may not post or communicate any employee’s or player's real world personal information within the HelbreathUSA Online Service or through the HelbreathUSA Online Web Site or bulletin board (http://www.Hbportal.net). 12) You may not give false information or intentionally hide any information, such as email address or billing information, which is required at the time you register with the HelbreathUSA Online Service. It is your responsibility to keep this information up-to-date using the website located at https://secure.ient.com/am/. Do not share this information with others. Doing so is at your own risk. GM’s will never ask for your password. 13) You will not upload or transmit on the HelbreathUSA Online Service, or through the HelbreathUSA Online Web Site or bulletin board, any copyrighted content that you do not own all rights to, unless you have the express written permission of the author or copyright holder. 14) You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers running the HelbreathUSA Online Service. 15) You will not exploit any bug in the HelbreathUSA Online product or the HelbreathUSA Online Service to gain unfair advantage in the game and you will not communicate the existence of any such bug (either directly or through public posting) to any other user of the HelbreathUSA Online Service. You will promptly report any such bug via the bugs@helbreathusa.com email address. 16) You will not attempt to play HelbreathUSA Online on any service that is not controlled or authorized by HelbreathUSA. 17 ) You will not create, use or provide any server emulator or other site where HelbreathUSA Online may be played, and you will not post or distribute any utilities, emulators or other software tools related to HelbreathUSA Online without the express written permission of HelbreathUSA. 18) You will not do anything else that interferes with the ability of other HelbreathUSA Online users to enjoy playing the game in accordance with its rules, or that increases the expense or difficulty of HelbreathUSA in maintaining the HelbreathUSA Online Service for the enjoyment of all its users. 19) You may not disrupt the normal playability of a zone or area. Zone/Area Disruption is defined as any activity designed to harm or inconvenience a number of groups rather than a specific player or group of players. This includes, but is not limited to: * Continually killing players of the same fraction is illegal and subject to punishment. Repeat offenders will have their experience reduced accordingly or dealt with as harassment. This is subject to the Administration at HelbreathUSA. * Blocking a doorway or narrow area so other players cannot get past is illegal and subject to punishment. Repeat offenders will have their experience reduced accordingly. * Boxing a player is alright everywhere. * Boxing an entrance to a map or building is illegal and subject to punishment. Repeat offenders will have their experience reduced accordingly. This includes the use of summoned monsters.