| 
 
 
  
  
  
  
  
  
  
  
  
   
 |  | 
    | Customer agrees to purchase Internet Access Services from I5 NETWORK
    SOLUTIONS. The services provided are listed on the attached Service
    Agreement and the prices to be paid by the Customer are listed on the
    attached Service Agreement. I5 NETWORK SOLUTIONS agrees to allow Customer to
    connect computing facilities at Customer’s Service Address to the I5 Net
    to connect to the Internet in accordance with the terms of this agreement.
    I5 NETWORK SOLUTIONS provides services to the Customer for the sole use of
    the Customer and the Customer agrees not to resell Internet Access Services. |  
 
  
    | I5 NETWORK SOLUTIONS will bill the Customer for services on a monthly
    basis. The initial bill may include non-recurring installation charges.
    Bills are due and payable within fifteen (15) days of receipt of invoice by
    the Customer. Payments will be submitted in advance of receiving services
    and will be in accordance with the standard billing procedures set forth by
    I5 NETWORK SOLUTIONS. Customer will be subject to a late payment fee of
    10% of the monthly fee or $15.00 whichever is greater if a payment is 5 days
    or more late. |  
 
    
 
    | Customer agrees to use I5 NETWORK SOLUTIONS Access Services only for
    lawful purposes. Transmission of any material in violation of any US or
    state regulation is prohibited. This includes but is not limited to
    copyrighted material, material legally judged to be threatening or obscene,
    or material protected by a trade secret. |  
 
  
    | Customer agrees to indemnify and hold harmless I5 NETWORK SOLUTIONS from
    any claims resulting from the Customer’s use of the service that causes
    direct or indirect damage to the account holder or another party. Customer
    agrees to indemnify and hold harmless I5 NETWORK SOLUTIONS from any and all
    lawsuits, judgments, decrees, costs and expenses, any attorney fees arising
    from the customer’s use of the services provided by I5 NETWORK SOLUTIONS.
    The indemnification includes costs, reasonable attorney’s fees and other
    expenses of I5 NETWORK SOLUTIONS related to such claims. |  
 
    
 
    | Customer agrees that I5 NETWORK SOLUTIONS has no liability for damages to
    Customer’s personnel or equipment while located at the I5 NETWORK
    SOLUTIONS premises, other than damages attributable to the willful
    misconduct by I5 NETWORK SOLUTIONS. |  
 
    
 
    | This agreement and the attached terms and conditions supercede all
    previous representations, understandings or agreements and shall prevail not
    withstanding any variance with terms and conditions of any order submitted. |  
 
    
 
    | Customer agrees to comply with the rules and regulations appropriate to
    any network that is being accessed through I5 NETWORK SOLUTIONS. Any
    attempts to break security, run password crackers or to access another
    persons account will result in termination of Customer’s account without
    notice and Customer will be subject to any applicable termination charges as
    specified in paragraph 10 below (Termination Liability). |  
 
  
    | I5 NETWORK SOLUTIONS exercises no control whatsoever over the content of
    the information passing through its network. The Customer is aware that the
    information that is available or obtainable from I5 NETWORK SOLUTIONS or
    interconnecting networks may not be valid or accurate. I5 NETWORK SOLUTIONS
    makes no warranty of any kind, either expressed or implied, regarding the
    quality, accuracy, or validity of the data and/or information residing on or
    passing through any networks. Use of any information obtained from or
    through services provided by I5 NETWORK SOLUTIONS will be at Customer’s
    own risk. |  
 
    
 
    | In the event that a Customer fails to keep an installation appointment, I5
    NETWORK SOLUTIONS may charge Customer a fee to recover its related costs,
    not to exceed 50% of the installation costs. I5 NETWORK SOLUTIONS shall use
    commercially reasonable efforts to provide installation and maintenance
    functions for its services. I5 NETWORK SOLUTIONS shall not be responsible
    for service issues concerning a Customer’s computer or related software.
    Customer acknowledges and understands that the lack of facilities or other
    operational impediments may preclude or delay I5 NETWORK SOLUTIONS actual
    installation of service. |  
 
    
 
    | Termination Liability - Except as stated below (Termination Without
    Liability), a customer who terminates the agreement prior to the end of the
    agreed term (whether initial or renewal), may be liable for any or all of
    the following termination charges: |  
 
  
    | Base Termination Charge – an amount equal to the monthly usage
    commitment multiplied by the number of months remaining on the initial or
    renewal term or $250, whichever is greater. Termination liability is billed
    in one lump sum. |  
 
    
 
    | Promotional Termination Charge – an amount equal to any promotional
    credit, discount, or fee waiver (if applicable) provided to the customer.
    Termination liability is billed in one lump sum. |  
 
  
    | Termination Without Liability - A customer may terminate this Agreement
    without liability under either of the following conditions: |  
 
  
    | Customer requests, and remains on, a new I5 NETWORK SOLUTIONS agreement
    with a term equal to or greater than the number of months remaining on the
    Customer’s existing term plan. |  
 
  
    | A new Customer of I5 NET (who was not receiving services through I5 NET
    prior to the execution of this Agreement) provides written notification to
    I5 NET, postmarked within thirty (30) days after the initial installation of
    service, to cancel the Agreement. The new Customer is responsible for
    payment for  services used through
  the date upon which service is terminated. |  
 
 
 
  |