WesterNet Customer Service Agreement: Dialup ___________________________ _________________________ ____________________ ____________________ Customer Name Service Address City/State/Zip Phone Number ___________________________ _________________________ ____________________ ____________________ Billing Address Logon Name (1st choice) Logon Name (2nd choice) Logon Password (Mixed 8) ___________________________ _________________________ ____________________ ____________________ Account Number Email Name (1st choice) Email Name (2nd choice) Email Password (Any) This Agreement sets forth the terms and conditions under which Western Innovative Networks, Inc. ("WesterNet") will provide WesterNet Dialup Internet Access Service to you at your home. All terms and conditions on the other side are also a part of this Agreement. Additionally, WesterNet may revise its rates and policies upon thirty days written notice, which may be sent by postal or electronic means to you. You agree to be bound by these rates, policies and their subsequent revisions, until such time as you choose to discontinue. Review this document to remember your partnership with WesterNet. 1. THE SERVICE 1.1. Western Innovative Networks, Inc. will provide you with WesterNet Dialup Internet Access Service ("the Service") from a single computer connection in your home. WesterNet will provide: one connection from our server to your computer; and certain software. The software will include two single user electronic mail accounts and a web browser, and if required, TCP/IP software. WesterNet will provide a single user IP connection. For additional charges, WesterNet will provide you with additional IP addressing and E-mail accounts. 1.2. No representation, warranty, term or condition other than as specifically set forth in this Agreement shall be binding on WesterNet. 2. GENERAL SUBSCRIBER OBLIGATIONS 2.1. You ("Customer") are signing this Agreement on behalf of yourself and any person who accesses the Service through your home computer, under your screen name or password or through the dialup outlet in your home. You assume responsibility to ensure that all such other users understand this Agreement and comply with its terms. 2.2. You represent and warrant that you are at least 18 years of age. You may, at your discretion permit persons under 18 years of age to use the Service and you acknowledge that you are responsible to provide adult supervision. You acknowledge further that the Service provides full access to the Internet without restriction. The Service is not intended to be used to enable persons under 18 years of age to obtain material that is prohibited by law to be sent or displayed, including material deemed to be indecent or obscene. 2.3. The Service is provided to you at your residence. You may not transfer your subscription or your rights and obligations under this Agreement to any other person or entity or to yourself at a new residence or location. 3. COMPUTER EQUIPMENT REQUIREMENT 3.1. You must have, as a minimum, one of the types of computer equipment and software suites listed below installed on your home computer (the "home computer"): 3.1.1 PC EQUIPMENT REQUIRED: Microsoft Windows 95/98/Me, NT4, Windows 2000/XP 200 MHz, any Pentium or AMD processor or better recommended RAM for Windows 95/98/Me: 64MB (128 MB recommended) RAM for NT4, W2000/XP: 128MB (256MB recommended) 800MB of free disk space recommended Telephone Modem, at least 28.8 recommended TCP/IP Stack must support DHCP addressing 3.1.2. MACINTOSH EQUIPMENT REQUIRED: Mac System 7.6 operating system Open Transport v.1.1.2 (minimum) 68040 66MHz or better recommended ALL TERMS AND CONDITIONS ON THE OPPOSITE SIDE ARE PART OF THIS AGREEMENT AND ARE AS IF SET FORTH HERE. _______________________________________ ______________________________________ ___________________ Customer Western Innovative Networks, Inc., by Date 4. THE EQUIPMENT TO REMAIN WESTERNET'S PROPERTY 4.1. All Equipment provided to you shall remain WesterNet's property. You agree to take reasonable care of the Equipment. In case of loss or abuse or failure to return upon discontinuance of Service, you agree to pay for its replacement according to the following schedule: Other listed equipment:____________________________________________________________________. 4.2. WesterNet agrees to provide at no charge replacements due to normal wear and tear. In the sole opinion of WesterNet, should such wear and tear be excessive or due to negligence, you agree to pay a service charge and for the retail replacement value thereof. 4.3. You agree upon the discontinuance of Service to be fully responsible for the removal and return of the Equipment, at your sole expense. You agree that the modification of your system files as a result of installation or uninstallation is also your sole responsibility. You agree to destroy any Software provided upon discontinuance of the Service. 5. GENERAL USE POLICIES 5.1. You have received a copy of the current policies, conditions, prices, taxes and fees in effect. WesterNet may implement changes, additions or deletions in the future. You will receive notice of such changes by e-mail and/or regular mail and agree to be bound by them. Once you have been notified of such changes, you agree that your continued use of the Service constitutes your full acceptance. 5.2. You understand that temporary interruptions or delays may occur as normal events and that we have no control over the networks, facilities and services of third parties. Nevertheless, we will make reasonable efforts to provide you with continuous, uninterrupted, expedient and error-free service. 5.3 You understand that the Internet is an open medium and access is via a public network. Accordingly, you agree that there is little or no expectation of privacy or security. We may but need not monitor the content on the Service and may disclose any information that we deem necessary to comply with any law, regulation or order or to protect any other entity. We may refuse to post or may remove any material or information that, in our sole discretion, is unacceptable, undesirable or in violation of this Agreement. We may suspend or terminate the Service or any portion, including user ID, e-mail address, URL or domain name, if we deem that your use of the Service: (a) violates any law, regulation or tariff; (b) is obscene, defamatory, deceptive or fraudulent; (c) is intended to threaten, harass, intimidate or cajole; (d) interferes with another subscriber's use or enjoyment of the Service; (e) is in any way inconsistent with our terms, policies and conditions; (f) tends to damage our name or reputation; (g) involves your provision of FTP or Webserver capabilities or otherwise places excessive demand on our Service; or (h) in any way violates this Agreement. 6. GENERAL TERMS 6.1. The Service is billed in advance. The billing period begins on the 1st and ends on the last of the month. A prorate is issued in the second month for any unused portion of the first month's service. 6.2. Bills are sent on approximately the 25th prior and are due received in our office by the 5th. 6.3. A Late Charge of $4 is imposed on the 10th if your payment is not received in our office. 6.4. A Processing Charge of $15 is made if your account is turned off for nonpayment, or if a balance is owing at the time of disconnect. A $15 Equipment Charge is made for each month for which the Equipment has not been returned after disconnect. After 30 days, you will be charged the full retail value of the Hardware, plus any applicable taxes. 6.5. A Reconnect Charge of $25 plus the current month's service plus full payment of all charges owing must be made before service is restored. 6.6. You agree to provide 30 days notice should you desire to discontinue service. We agree to prorate the final month's service if such notice is given. 6.7. A check returned unpaid for any reason will result in a $25 Returned Check Charge. 6.8. You agree to pay interest on any past due amount, at the rate of 12% APR, until paid in full. 6.9. You agree to pay all actual costs of collection should any balance remain unpaid, including court costs, our attorney's fees, costs of service, and any other costs. We both agree that venue is proper in a court of appropriate jurisdiction in La Plata County, Colorado. 7. LIMITATION OF LIABILITY 7.1 UNLESS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER WE NOR OUR AFFILIATES, SUBCONTRACTORS, EMPLOYEES OR AGENTS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES, LOSS, ALLEGATIONS, CLAIMS, SUITS OR OTHER PROCEEDINGS, EXPENSES, LIABILITIES OR COSTS (INCLUDING LEGAL FEES), INCLUDING LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES OR DATA, INACCURACY OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR PERSONAL INJURY (INCLUDING DEATH), RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, YOUR USE OF THE SERVICE OR YOUR RELIANCE ON OR ANY OTHER USE OF THE EQUIPMENT OR SERVICE, INCLUDING, WITHOUT LIMITATION: (A) A CONTENTION THAT THE USE OF THE EQUIPMENT OR SERVICE BY YOU OR A THIRD PARTY INFRINGES THE COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR OTHER INTELLECTUAL PROPERTY OR CONTRACTUAL RIGHT OF ANY THIRD PARTY; (B) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, NONDELIVERIES, MISDELIVERIES, TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICE; (C) THE CONTENT OR SERVICES AVAILABLE ON THE INTERNET OR OTHERWISE THROUGH THE SERVICE, INCLUDING THE ACCURACY, QUALITY AND CONFIDENTIALITY OF INFORMATION OBTAINED THROUGH OR FROM THIRD PARTIES; (D) THE ACTIVITIES OF OTHER INTERNET USERS OR CABLE OR SERVICE SUBSCRIBERS IN ACCESSING OR MONITORING YOUR COMPUTER OR YOUR USE OF THE SERVICE; OR (E) ACTS OR OCCURRENCES BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, FIRE, LIGHTNING, EXPLOSION, POWER SURGE OR FAILURE, WATER, ACTS OF GOD, WAR, REVOLUTION, CIVIL COMMOTION OR ACTS OF CIVIL OR MILITARY AUTHORITIES OR PUBLIC ENEMIES, ANY LAW, ORDER, REGULATION, ORDINANCE OR REQUIREMENT OF ANY GOVERNMENT OR LEGAL BODY OR REPRESENTATIVE THEREOF, OR ANY THIRD PARTY. 7.2 Our liability for damages in regards to extraordinary and unreasonable interruptions of Service, or for mistakes, omissions, errors and defects in the Service, shall in no event exceed an amount equal to the pro rata charges to you for the period during which the Service was affected. 7.3 The limitations set forth in this Section 7 apply to the acts, omissions, negligence and gross negligence of us and each of our respective affiliates, subcontractors, employees and agents, under any contract, tort or other legal theory. 7.4 Your sole and exclusive remedies under this Agreement are as expressly set out in this Agreement. Should any part of this Agreement be held illegal, contrary to regulation, or unenforceable, the rest of this Agreement shall remain in full force and effect. 7.5 You will indemnify and hold us harmless from all claims, losses, expenses, suits, attorney's fees, costs, fees or liabilities for injuries to or death of any person or for damages to or loss of any property which may in any way arise out of or result from or in connection with your use of the Service, Software or Equipment. 7.6 This Agreement may not be construed to give you any interest, title or license in the User ID, e-mail address, URL or domain name which you use in conjunction with the Service. 7.7 The Service, Software and Equipment are provided for your use "as is" without warranty of any kind, including implied warranties of fitness, merchantability and performance. We do not warrant in any way: (a) uninterrupted use of the Service, Software and Equipment; (b) that any data or any files sent or received will be transmitted in uncorrupted form or in a reasonable time; (c) the accuracy or reliability of any information obtained through the Service; or (d) any transactions executed through the Service.