Agreement for High Speed Internet Service

Version: 2.5

Preamble:

This agreement is entered into by and between The SkyBeam, L.L.C., a California Limited Liability Company, herein called "Provider," and the Subscriber listed below:

Name of Subscriber(s): ___________________________________________________

Address of Subscriber(s): _________________________________________________

City: _________________________ St: ____ Zip: ____________

Phone: _________________________

Agreement:

Subscriber hereby applies for, and agrees to receive and pay for high speed Internet access, and Provider agrees to provide such access on the following terms and conditions:

1 . Financial Agreements:

(a) Provider and Subscriber hereby enter into a month‑to‑month contract for high speed Internet access service. Provider will supply the necessary equipment and provide the work for the set‑up of the high speed Internet access to bring that access to Subscriber's location, and Subscriber shall pay to Provider a one time equipment and initial set‑up fee of $ ________. Provider will provide the equipment and set‑up within a reasonable time after Provider has received this contract signed by the Subscriber and the initial equipment and set up fee. Subscriber may submit the signed contract by mail or fax.

(b) In addition to the one time equipment and set‑up fee, Subscriber agrees to pay a monthly charge for the Internet access by credit card ____ or check ____, which shall be supplied by Subscriber to Provider. Provider shall charge the balance of the first monthly charge (1/30 per day) on the date that the access first becomes available to Subscriber's location and then monthly on the first day of the month each month thereafter for as long as the contract is in effect. The monthly charge for the Internet access at the beginning of this contract shall be $ __________ per month for an Internet speed of up to: _______ Kbps. Provider may change the monthly charge at any time following 30 days notice to the Subscriber.

(c) This month‑to‑month agreement will automatically renew for successive single month periods unless canceled in writing prior to the next monthly renewal date.

(d) The Subscriber's credit card statement, or canceled check, shall serve as a receipt for each month's payment. A late charge of $ 10.00 will be applied if the monthly payment has not been paid within 15 days after the monthly due date. If Provider does not receive payment within 15 days of the due date, Provider shall have the option of terminating the Subscriber's account and Internet access without notice to the Subscriber. In the event of a termination, there will be a $50.00 reconnect charge if the Subscriber wishes to reconnect service.

1 . Financial Agreements: (Continued)

(e) If the credit card that Subscriber provides for the payment of the monthly charges expires, or if the Subscriber changes credit cards, it is the duty of the Subscriber to give to the Provider a new credit card before the next payment becomes due under the agreement.

2. Taxes:

(a) Provider shall not be liable for any taxes or other fees of any kind which are to be paid or required by any government or public entity in accordance with or related to the purchases made or services received by or from the Subscriber or Subscriber's use of the Internet. Subscriber agrees to pay and to be fully responsible for any and all such taxes and fees, if any.

3. Service and Products:

(a) THE PROVIDER'S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESS OR IMPLIED, FOR THE SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF THE MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. SUBSCRIBER SHALL NOT BE ENTITLED TO ANY REIMBURSEMENT FOR DAMAGES OR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS.

(b) Subscriber will use the high-speed Internet services in a manner consistent with any and all applicable laws and regulations of the United States of America, the State of California, and any county, municipal, or local entity.

(c) Use of any information obtained by way of Provider is at Subscriber's own risk and Provider specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and does not represent guarantees of available end-to-end bandwidth.

(d) Provider is not responsible for any damages arising from Subscriber's use of Provider or Provider's services or by reason of Subscriber's inability to use the high-speed Internet services for any reason.

(e) While Provider shall make every reasonable effort to protect Subscriber's data stored on Provider's servers, Provider is not responsible for Subscriber's data, files, or directories residing on Provider's equipment. Subscriber is solely responsible for maintaining data, file, and directory structure back ups.

(f) Provider agrees to keep all of their data regarding the Subscriber private, and will not sell or rent email addresses or other information.

4. Trademarks and Copyrights:

(a) Subscriber warrants that Provider has the right to use all applicable trademarks of Subscriber and grants to Provider the rights to use such trademarks, if any, in connection with Provider's promotion of, referencing of, cataloguing of, or indexing Provider's Subscribers.

(b) SUBSCRIBER HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH SUBSCRIBER'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMONLAW, OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL.

5. Hardware, Equipment, and Software:

(a) Subscriber is responsible for and must provide, at Subscriber's sole cost and expense, all computer, hardware and software equipment and services necessary to access the Provider's services provided herein. Provider does not warrant nor guarantee that Subscriber's equipment will be compatible with Provider's services.

6. Age:

(a) Subscriber certifies that Subscriber is at least 18 years of age, or a company or entity owned and operated by persons who are at least 18 years of age.

7. Internet Etiquette:

(a) Users of Internet and electronic forums should be considerate of the expectation and sensitivities of others on the network when posting material for electronic distribution. The Network resources may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Provider. All messages transmitted via Provider's service should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

(b) Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network Provider or its suppliers or customers may utilize.

(c) Use of distribution lists via unsolicited electronic mail or other electronic mailings by Subscriber is strictly prohibited. The Provider reserves the right to deactivate the Subscriber's Internet account(s) upon facts or other reasonable indications of such activity, Subscriber hereby agrees to indemnify and hold harmless the Provider from any claim resulting from the Subscriber's or another party's use of electronic mail service(s) in such a manner on the Subscriber's account(s) with Provider.

(d) It shall be a violation of this agreement to hack or crack into Provider's network, system, servers, and/or equipment. Subscriber shall not attempt to reverse engineer the equipment, nor participate in any sharing, giving, or transferring of any passwords, information, MAC numbers, or wired/wireless Internet connections to anyone to obtain free or unauthorized service or for any other purpose.

8. Termination:

(a) This agreement may be terminated by either party, with or without cause, and without liability, by giving the other party thirty (30) days prior written notice. Notwithstanding the above, Provider may also terminate service under this agreement at any time, without notice, and without liability, if Subscriber fails to comply with any of the terms of this agreement. Either party may send a notice of termination to the other party by mail, fax, or email.

9. Limited Liability:

(a) Subscriber expressly agrees that use of Provider's service is at Subscriber's sole risk. Provider will make all reasonable efforts to provide to Subscriber a high speed Internet access service free from interruption and error, but Provider cannot guarantee that there will not from time to time be some interruptions, slowing or unavailability to Internet service. Additionally, Provider cannot warrant the accuracy, reliability, or content of any information service or merchandise contained in or provided through the Internet high-speed service.

9. Limited Liability: (Continued)

(b) SUBSCRIBER HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH SUBSCRIBER'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE PROVIDER'S SERVICE OR THE HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDE, BUT ARE NOT LIMITED TO, PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, ANY HARASSING OR HARMFUL MATERIAL OR USES, ANY ILLEGAL ACTIVITY, OR MATERIAL ADVOCATING ILLEGAL ACTIVITY, LIBEL, SLANDER, DEFAMATION OF CHARACTER, AND ANY INFRINGEMENT OF PRIVACY OR PROPERTY RIGHTS.

(c) Provider shall have the option of deactivating the Subscriber's account(s) if in the Provider's opinion Subscriber has engaged in an abusive or unethical use of, or a potential illegal use of the SkyBeam account(s) or host server(s). If Provider decides to deactivate for such reason, Provider may do so without notice.

(d) Under no circumstances, including negligence, shall Provider, its officers, agents, representatives, employees, or anyone else affiliated with Provider, be liable for any direct, indirect, incidental, special or consequential damages resulting from access to or the use of, or the inability to use, the Provider's high speed Internet services and access. Under no circumstances shall Provider, its officers, agents, representatives, employees, or anyone else affiliated with Provider, be liable for mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, acts of God, communication failure, theft, destruction, or unauthorized access to Provider's records, programs, or services, that any Subscriber may suffer.

(e) It shall be the sole responsibility of Subscriber to prepare and maintain for all data back‑ups and restoration at Subscriber's sole cost and expense. Subscriber hereby acknowledges and agrees that this paragraph shall apply to all content on Provider's high speed services and Subscriber's account with Provider.

10. Indemnification:

(a) Subscriber agrees that Subscriber shall defend, indemnify, save and hold harmless, Provider and Provider's officers, agents, representatives, and employees, and all property and assets of Provider, from any and all demands, lawsuits, liabilities, expenses, losses, costs, damages, and claims, including reasonable attorney's fees, asserted against Provider, its agents, servants, officers, employees, and its Subscribers, that arise or result from this contract, or which arise or result from Subscriber's use of Provider's Internet service and access, including, but not limited to, any service provided, performed or agreed to be performed, or any product sold or agreed to be sold by Subscriber, its agents, employees, or assigns. Subscriber agrees to defend, indemnify, and hold harmless Provider, and Provider's agents as described herein against any and all liabilities and claims, including, but not limited to those stated herein, arising out of (i) any injury to any person or persons, (ii) any damage to any property of any person or entity, (iii) any materials supplied by Subscriber infringing on the proprietary rights of a third party, (iv) copyright infringement or patent infringement, and (v) any defective product which Subscriber sold on the Provider's service.

11. Contract Revisions:

(a) Provider may unilaterally amend, alter, modify or revise the terms of this contract, and upon the making of any such contract revisions or changes Provider shall notify Subscriber of such revisions and changes by fax, mail, or email. Subscriber shall be deemed and considered to have agreed to all such changes and revisions effective thirty (30) days after said notice of such changes has been sent to Subscriber, unless Subscriber within said thirty (30) day period sends notice to Provider by fax, mail, or email terminating this contract.

12. Equipment Warranty and Repairs:

(a) Equipment is purchased and owned by Subscriber. Provider warrants the equipment will remain in serviceable condition for one year from the date of this agreement, and will repair or replace any defective equipment at no charge to Subscriber. Abuse, vandalism, fire, theft, war, or acts of nature excepted.

(b) Provider may, at it sole discretion, extend the equipment warranty indefinitely past the normal warranty period of one year.

13. Notices:

(a) Notwithstanding any other provision in this agreement, any notice that is required or allowed to be given under the terms of this agreement may be given by either party to the other party by mail, fax, or email.

14. Provider's Rights of Assignment:

(a) Provider shall have the right under the term of this agreement and any extension thereof, to sell, transfer, convey, and assign its Internet provider service business, or any part of that business, this contract to this Subscriber, and any other contracts to any other Subscribers, Subscriber files and lists, the Provider's business name and trade name, goodwill, and account receivables, Provider's personal property and equipment and installations, and all other tangible and intangible assets of Provider's Internet service business, without the consent of Subscriber or any other person or entity.

15. Entire Agreement:

(a) This contract contains the entire agreement between the parties hereto regarding this Internet service and access. This contract becomes legally binding when signed by both parties. This agreement shall be governed and construed in accordance with the Laws of the State of California.

THIS AGREEMENT is entered into on the last date of the signatures below.

DATED: ________________ The SkyBeam, L.L.C., Provider

By: _________________________________

DATED: ________________ Subscriber: ___________________________

DATED: ________________ Subscriber: ___________________________