DIAL-UP ACCOUNTS

Connections: QuickNet users are not allowed to open more than one modem-to-modem host connection at any time. Customers who simultaneously log in with the same username and password from more than one location are subject to having their account frozen through the end of that month of service.

Usage: We encourage customers to use and enjoy the Internet. However, our dial-up accounts are not designed for long-term or full-time use. With all dial-up accounts you may use an average of 5 hours a day, up to a limit of 150 hours a month of connection time. Any dial-up user who requires more than 150 hours a month of service should contact the office for alternative connectivity programs. Users who exceed the 150 quota may be subject to additional fees and/or account freezes through the end of that month.

Payment: Credit card customers will be charged on the last business day of the previous service month. By use of this system, Customers authorize QuickNet to charge their credit card monthly for any appropriate fees. Customers paying by check will be emailed a reminder at least seven days prior to the end of the month for the following month’s service. This is simply a reminder and not a confirmed invoice. Payment is due by the lat business day of the previous month of service. Connection fees are due upon receipt of the bill. There will be no prorating for partial months. Users who sign up during the last week of any month will be charged a prorated amount, not lower than six dollars for any service month. All customers agree that by logging in, even once, during a given month of service, they are responsible for paying the fee associated with their monthly service. Customer agrees that he/she will be responsible for any charges they incur through use of his/her QuickNet account. No refunds wil be given for any service provided or not used by any customer.

Term: QuickNet accounts can be established on a month-to-month, semi-annual, or annual basis. Termination of accounts can be made at any time by either the Customer or QuickNet. QuickNet will attempt to accommodate Customer's telephonic request to close an account, however, termination of the account will be effective only if given in writing. QuickNet will terminate the account within ten business days. There are no refunds for any accounts. There are no prorations for terminating within a particular month. If a customer has paid for an extended service, the charge for termination will be the monthly cost of that service minus the total paid. The remainder may be applied to other services or products we offer, if the customer qualifies for those products.

HIGH-SPEED DSL SERVICE

Usage: Customers agree not to use the services purchased from QuickNet in a manner prohibited by any federal, state or city/local law.

Insurance: Customers should place the equipment located at their premise under their own insurance policy for damage and theft. The value of the equipment for a standard dsl install is $500. If the customer chooses not to insure the equipment at their premise, they will assume full financial responisibility for damage to this equipment, while in their care, custody and control.

Equipment: All wireless equipment remains the sole property of QuickNet, Inc. QuickNet may upgrade the equipment, at its discretion, at any time during the term of contract, at no additional cost to the customer. QuickNet will make every effort to insure trouble-free, uninterrupted Internet access via the dsl connection. However, QuickNet is not responsible for service outages caused by issues outside it’s care, custody or control.

Equipment Damage and/Removal: Customer is liable and will fully reimburse QuickNet for any damage to the equipment while it is in their care, custody and control. If term contracts are severed prematurely by the customer, or if service is terminated for violation of contract, the customer will either return the equipment in working order or reimburse QuickNet the sum of $500. The equipment or funds are to be provided within two weeks of the termination of service. If Quicknet needs to pursue legal action for return or reimbursement, the customer agrees to reimburse Quicknet for all legal and court costs accrued in this action.

GENERAL POLICIES

Notices: All notices given by the Customer or required by this Policy shall be in writing, in English, and addressed to: QuickNet Inc., Attn: Notice Administrator, 150 East Campus View, Suite 125, Columbus, OH 43235.

Warranties: QUICKNET INC., ITS AGENTS AND/OR DESIGNEES, DO NOT WARRANT ANY CONNECTION TO, OR TRANSMISSION OVER, NOR RESULTS OR USE OF ANY NETWORK CONNECTION OR FACILITIES PROVIDED (OR FAILED TO BE PROVIDED) UNDER THIS AGREEMENT. QUICKNET INC. MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. QUICKNET INC. ASSUMES NO RESPONSIBILITY FOR ANY ACTUAL OR CONSEQUENTIAL DAMAGES SUFFERED BY THE CUSTOMER, EVEN IF FORESEEABLE, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES, MISDELIVERIES, OR SERVICE INTERRUPTIONS CAUSED BY QUICKNET'S OWN NEGLIGENCE, NETWORK FAULTS, OR ANY OTHER ERRORS OR OMISSIONS.

Acceptable Use Policy: These statements represent a guide to the acceptable use of QuickNet's facilities. QuickNet's facilities may only be used for lawful purposes. QuickNet recognizes as acceptable all forms of data communications across its network, except where federally subsidized facilities of transport (such as national backbones) may require limitations, or State, Federal, or International law prohibits. In those cases, use of the network should adhere to the general principle of advancing science and education through the exchange of information among research and educational institutions except where specific policy statements exist. In cases where data communication are addressed to recipients outside of the QuickNet supplied network, and are carried over other regional networks or the Internet, QuickNet users are advised that acceptable use policies of those other networks apply and may, in fact, limit use. If QuickNet is informed by Federal, State, and International authorities of inappropriate or illegal use of QuickNet facilities and/or other networks, these determinations will be binding on the customer and Customer will hold QuickNet Inc. harmless from such illegal use. QuickNet does not allow the sending of unsolicited email (SPAM) through it's network. Should it be determined that a customer is in violation of this policy, they will be given one warning and then their account may be terminated. Should an account be terminated due to violation of this policy, no refunds will be issued. QuickNet has sole right to request that any data posted through its network be removed if QuickNet determines that such data requires burdensome technical and/or operational resources. Customer agrees to comply with such requests.

Access to Other Networks: Access to other networks may sometimes require the approval of the respective authority and use will be subject to any acceptable usage policies established by such networks.

Limitation of Liability: Neither party shall be responsible to the other for any loss, damage, liability, claim or expense arising out of or in relation to this Contract or the provision of the service equipment, however caused, whether grounded in contract, in tort (including intentional and/or negligence) or theory of strict liability. The parties agree to work in good faith to implement the purposes of this Contract; but recognize that the network connection and services to be provided by QuickNet could not be provided at current cost levels unless such limitation of liability was agreed to by both Customer and QuickNet.

Regulation, Authorization and Compliance with Laws and Court Orders: All services to be provided by the customer either in part or in total through QuickNet are appropriate subject to relevant Federal and State regulations. If these same service are offered through other networks, QuickNet accepts no responsibility for their authorization. This service may only be used for lawful purposes. Materials and/or transmissions in violation of any local, State, Federal, or International regulation(s) is prohibited. This includes, but is not limited to, copyrighted material, threatening or obscene material, or material protected by trade secret. Customer agrees to indemnify and hold harmless QuickNet from any claims resulting from Customer's use of this service. QuickNet will abide by any order by a court of competent jurisdiction without recourse by Customer.

Cancellation: Customer may cancel his/her account(s) at any time. QuickNet will attempt to accommodate Customer's telephonic instructions to close an account; notwithstanding, notice of cancellation will be effective only if given in writing, and ten business days are allowed for termination of the account. No refund of prorated amounts will be made for cancellation of accounts made during a month of service.

Not Assignable: This contract is not assignable by Customer without prior written consent of QuickNet. In the event of assignment by Customer, Customer will remain liable for amounts charged through the account. Any act in violation of this provision will be deemed null and void. QuickNet may assign this account and such assignment and/or sale will relieve QuickNet Inc. of its obligations under this contract, unless such obligations are specifically assumed by assignee.

Severability of Entire Assignment: If any provision of this Contract is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Contract will remain in full force and effect. This Contract represents the complete agreement and understanding of the parties hereto with respect to the subject matter herein, and supercedes any other agreements or understandings, written or oral.