TERMS OF USE

Your use of this Web site and the applications, services, information and other materials available on and through the Web site (such applications, services, information, other materials, and the Web site itself shall be referred to collectively as the "site") is subject to the terms and conditions set forth herein, as well as any other notices, disclaimers, or restrictions posted on the site (collectively, the "Terms of Use"). PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE SITE, YOU AGREE TO ADHERE TO AND BE BOUND BY THESE TERMS OF USE, AS THESE TERMS OF USE MAY BE MODIFIED FROM TIME TO TIME IN THE SOLE DISCRETION OF PROGRESS ENERGY SERVICE COMPANY, LLC IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE THE SITE. Each time you enter in a login ID and password on the site or access the site through any means, (1) you represent that you have been authorized to use the site by Progress Energy Service Company, LLC ("Progress Energy"); (2) you represent that you are an employee or agent of Progress Energy; (3) you represent that you are the user assigned to use the login ID and password that is accessing the site and (4) you agree to be bound by the Terms of Use. Use of the site is restricted to Progress Energy and its authorized users. Unauthorized use of the site including, but not limited to, unauthorized entry into the site, misuse of passwords, or misuse of any information within the site is strictly prohibited.

INTELLECTUAL PROPERTY

You acknowledge and agree that, Progress Energy and/or its licensors shall own all worldwide right, title and interest in and to the site and any applications, services, text, graphics, multimedia content, or other information, data, content or material available on or through the site, and all related code provided through the site, any modifications, updates, upgrades, copies, derivative works, augmentations or customizations of the foregoing (collectively, "Materials"), including all worldwide intellectual property rights to the same, including without limitation, all United States, Canadian and worldwide patents, patent applications, copyrights, trademarks, trade secrets, rights of publicity and privacy and other proprietary rights. All rights not expressly granted to you herein are expressly reserved to Progress and/or its licensors.
Modification of the Materials or use of the Materials for any purpose other than that expressly permitted herein or otherwise on the site is a violation of copyright and other proprietary rights and the use of any such Material on any other Web site or computer environment is strictly prohibited.

TRADEMARKS

"Progress Energy Service Company, LLC" and the Progress Energy logos as well as other related marks which may appear on the site ("Marks"), are the service marks and trademarks of Progress and/or its affiliates. All other trademarks, service marks and logos used on this site, with or without attribution, are the trademarks, service marks or logos of their respective owners.

THIRD PARTY CONTENT; THIRD PARTY SITES

The site may contain hyperlinks to other Web sites that are not operated by Progress Energy. Progress Energy does not control these Web sites and is not responsible for their contents, nor should the existence of such links be construed as an endorsement of the material appearing on such sites or as implying an association between Progress Energy and their operators. Such hyperlinks are provided for your reference only. PROGRESS ASSUMES NO RESPONSIBILITY AND MAKES NO REPRESENTATIONS, WARRANTIES, RECOMMENDATIONS, ENDORSEMENTS OR APPROVALS WITH REGARD TO INFORMATION ON THIS SITE. It is your responsibility to evaluate and confirm the information, opinions, advice or other Material available through the site, whether posted or provided by third parties or by Progress Energy.

USER REPRESENTATIONS, WARRANTIES AND COVENANTS

1. You represent, warrant and covenant to Progress that:
1. You will comply at all times with all applicable federal, state, provincial and local laws, rules and regulations in your use of the site and/or your use or disclosure of any data, information or materials you submit to or receive through the site;
2. You will not use the site for any purpose which is improper, unlawful, abusive, harassing, libelous, defamatory, obscene or threatening, or which violates the Terms of Use;
3. You will not, nor will you permit any other person, corporation or entity, without the prior written consent of Progress Energy to: (i) copy, duplicate or grant permission to the site or any part thereof; (ii) create, attempt to create, or grant permission to the source program and/or object program or code associated with any software component of the site; (iii) assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the site or directly or indirectly permit any third party to use the Site; (iv) decompile or disassemble any software or other component of the site or any report or document generated there from; (v) engage in any reverse engineering; (vi) modify, alter or delete any of the copyright notices embedded in or affixed to the copies of any components of the Site; (vii) export any application provided hereunder or any portion of the site; or (viii) use Progress Energy's name, URL, trademarks, server, or other materials in connection with, or to transmit, any "spam." For the purposes of this agreement, "spam" has the meaning generally understood among Internet users;
4. Any transmission of data from your computer equipment or system will be free from (i) intentionally injurious instructions (e.g. "viruses") that are designed to modify, damage, delete or disable the site or any applications thereon; (ii) any hidden passwords that permit unauthorized access to the data or the site, or (iii) any embedded code that could trigger, shut down or disable the site;
5. You have obtained all necessary licenses, releases and consents to grant the rights set forth herein;
6. You shall have all regulatory approvals, authorizations, licenses, permits, and other permissions, consents and authorities whatsoever needed to use the site and perform your obligations hereunder; and
7. You will comply with the security measures set forth below under the heading "SECURITY".

NO WARRANTIES

You acknowledge that there are certain security, corruption, transmission error and access availability risks with using open networks such as the Internet and you expressly assume such risks. THE SITE AND ANY APPLICATIONS, SERVICES, MATERIALS OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROGRESS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT AND ANY WARRANTIES ARISING FROM THE COURSE OF DEALING OR PERFORMANCE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED SERVICES OR INFORMATION OR MATERIALS. IN ADDITION, PROGRESS ENERGY DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROGRESS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE SITE OR RESULTS OF THE USE OF THE SITE, SPECIFIC SERVICES OR APPLICATIONS PROVIDED THROUGH THE SITE, OR ANY MATERIALS OR INFORMATION ON THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, LEGAL COMPLIANCE OR OTHERWISE. YOU (AND NOT PROGRESS OR ITS LICENSORS) ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL PROGRESS BE LIABLE IN ANY WAY FOR ANY MATERIALS, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR INFORMATION, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS, INFORMATION OR RESULTS POSTED, EMAILED OR OTHERWISE RECEIVED OR TRANSMITTED VIA THE SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL PROGRESS, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SPONSORS, LICENSORS AND OTHER PARTNERS OF EACH BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICES AVAILABLE ON THE SITE, INFORMATION CONTAINED WITHIN THE SITE, OR RELIANCE ON ANY INFORMATION, MATERIALS OR RESULTS PROVIDED TO OR RECEIVED THROUGH THE SITE, EVEN IF PROGRESS ENERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PROGRESS ENERGY'S LIABILITY, IF ANY, RESULTING FROM YOUR USE OF THE SITE IS GOVERNED BY THE APPLICABLE AGREEMENT BETWEEN THE PARTY THAT AUTHORIZED YOU TO USE THE SITE AND PROGRESS, IF ANY. ANY LIABILITY THAT PROGRESS ENERGY MAY HAVE PURSUANT TO SUCH AGREEMENT WOULD BE TO THE PARTY THAT AUTHORIZED YOU TO USE THE SITE AND NOT YOU PERSONALLY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES, APPLICATIONS, MATERIALS OR INFORMATION IS TO STOP USING THE SITE AND/OR THOSE SERVICES, APPLICATIONS, MATERIALS OR INFORMATION.

INDEMNITY

You agree to indemnify, defend and hold Progress Energy and its subsidiaries, affiliates, and the respective officers, directors, agents, partners, sponsors, licensors, employees and independent contractors of each harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content, data, materials or information you submit, post to or transmit to or through the site, your use of the site or reliance upon any Materials provided through the site, your connection to the site, your violation of the Terms of Use, your use or disclosure of any content, data, materials or information received through the site, your negligence, omissions or misconduct, your violation of any rights of another party, or your participation in or conducting of any transaction (or failure to conduct or complete a transaction) through the site. This provision shall survive the expiration or termination of the Terms of Use and the applicable access agreement or other agreement between the party that authorized you to use the site and Progress Energy, if any.

CONFIDENTIAL INFORMATION

"Confidential Information" shall mean the nonpublic and/or proprietary information revealed by Progress Energy, including without limitation all forms and types of financial, business, scientific, technical, economic or engineering information of Progress Energy, and including without limitation, the applications provided through the site. You agree to keep all Confidential Information acquired from Progress Energy, whether in connection with your use of the site or otherwise, confidential. You shall not use the Confidential Information except as expressly provided herein, and you shall not disclose the Confidential Information without express written permission from Progress Energy. All Confidential Information shall remain the property of Progress Energy and shall not in any manner be deemed licensed or transferred to you. You shall return or destroy all Confidential Information on Progress Energy's request, upon the termination of the Terms of Use, upon termination of your rights to use the site, or upon termination of the access agreement or other agreement under which you are authorized to use the site. You shall comply with all privacy and data protection laws, rules and regulations which are or which may in the future be applicable to your use of the site or any applications, data or information provided on or through the site. You acknowledge and agree that: (a) irreparable injury will result to Progress Energy in the event of a breach by you of this obligation of confidentiality, (b) Progress Energy's remedy at law for such breach is inadequate and (c) Progress Energy, in addition to any money damages for any such breach, shall be entitled to temporary and permanent injunctive relief without the necessity of proving damages, and that Progress Energy shall not be required to post bond as a condition of such relief. This provision shall survive the expiration or termination of the Terms of Use and the applicable access agreement or other agreement between Progress Energy and the party that authorized you to use the site.

SECURITY

USE OF THE SITE IS RESTRICTED TO PROGRESS AND ITS AUTHORIZED USERS. UNAUTHORIZED USE OF THE SITE INCLUDING, BUT NOT LIMITED TO, UNAUTHORIZED ENTRY INTO THE SITE, MISUSE OF PASSWORDS, OR MISUSE OF ANY INFORMATION WITHIN THE SITE IS STRICTLY PROHIBITED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU HEREBY ACKNOWLEDGE AND AGREE THAT IT IS A VIOLATION OF THE TERMS OF USE TO LOG ONTO THE SITE WITH A LOGIN ID AND PASSWORD THAT WAS NOT ASSIGNED TO YOU PERSONALLY. YOU AGREE TO KEEP YOUR LOGIN ID CONFIDENTIAL AND TO IMMEDIATELY NOTIFY PROGRESS ENERGYIF YOU LEARN THAT THE SECURITY OF YOUR LOGIN ID AND/OR PASSWORD HAVE BEEN COMPROMISED AND/OR IF YOU SUSPECT THAT ANYONE OTHER THAN YOURSELF HAS ACCESSED THE SITE WITH YOUR LOGIN ID AND PASSWORD.

You agree not to use any functions on the Site which you are not authorized to use.

MODIFICATION OR TERMINATION OF THE SITE

Progress Energy reserves the right to withdraw, suspend or discontinue at any time and from time to time the Terms of Use, any Materials available on the site and any functionality or features in or on the site, including the cessation of all activities associated with the site, with or without notice. Progress Energy reserves the right to change or modify the Terms of Use at any time. Any change or modification made by Progress Energy will be effective immediately upon posting on the site and your continued use of the site means that you have agreed to accept any changes or modifications made by Progress Energy.

GOVERNING LAW AND JURISDICTION

The Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Florida, as it is applied to agreements entered into and to be performed entirely within Florida and without giving effect to any principles of conflicts of laws.