StratoNet Broadband Terms and Conditions


READ THIS SERVICE AGREEMENT CAREFULLY BEFORE USING ANY OF OUR
BROADBAND SERVICES.

1. AGREEMENT.

This is an agreement between StratoNet, Inc. and you to provide StratoNet
Broadband ("the Service"). By establishing an account or using the Service or
equipment, you agree to be bound by this Agreement and to use the Service
in compliance with the StratoNet Internet Service Agreement and StratoNet
Acceptable Use Policy ("the Agreements") which can be found by going to
http://www.strato.net/terms.

2. TERM.

The initial term of this agreement is twelve (12) months from the date
that the Service is first installed ("Activation Date") and will automatically renew
at the end of the (12) month period unless written notice is received 30 days prior
to renewal date . If you are an existing Broadband customer and base service is
changed, by you in any way, you agree that you are entering
into a new contract term with StratoNet for a period of (12) months from the
time your service is changed. StratoNet reserves the right to change the
price of the Service at any time after the initial term upon 30 days notice.
Customer may cancel the service upon price change by StratoNet within the 30 day
period upon receipt of notification. Prices for other StratoNet services may change
at any time upon 30 days notice and will be posted on the StratoNet homepage:
http://www.strato.net/. Current rates may also be obtained by calling 1-888-382-8503.

3. THE SERVICE.

The Service speed can vary depending on location, service level selected,
line quality, inside wiring, Internet traffic and other factors beyond the
control of StratoNet. StratoNet provides the Service on a "best effort"
standard and does not guarantee upload or download speeds. The email,
webspace and dial-up service are available under this agreement after the
Activation Date. You may purchase a separate dial-up account while waiting
for the service to be installed. You are solely responsible for
determining if use of a particular dial-up number will cause you to incur
long-distance, toll, or any other charges. StratoNet is not responsible
for any long-distance, toll or other charges you incur.

4. CANCELLATION / TERMINATION.

StratoNet reserves the right to terminate or refuse service to anyone, at any time,
for any reason, without prior notice, including, without limitation, for violating any
provision of this Agreement or Policy.

If you are dissatisfied with the Service or any related terms, conditions,
rules, policies, guidelines, or practices, your sole remedy is to
discontinue using the Service, cancel your account, and pay any
early termination fees that apply and any current or past due charges. Early
termination of the Service by you before the initial term of the agreement ends
will result in an early terminiation penalty equal to (1) months service cost.
If you need to terminate your StratoNet Broadband Service, please send your
written request by Certified Mail to:

StratoNet Broadband Customer Service
P.O. Box 1881
Sebring, Fl 33871-1881

We require 30 days notice for service termination.
To process your termination request, we require that you provide
the following: (1) Written request submitted by the account holder (2) Your customer
or account number (3) Current phone number (4) Reason for terminating service.
Termination will be effective within 10 days from the time StratoNet
receives, the written request, the Broadband equipment, if any, and all applicable
fees. Upon termination, the applicable account and email service will be
terminated and all files stored on StratoNet servers will be deleted.
StratoNet reserves the right to terminate or refuse service to anyone, at
any time, for any reason, without prior notice, including, without
limitation, for violating any provision of this Agreement or Policy. No
Transfers of Accounts. A Subscriber is prohibited from transferring his,
her or its Internet access account, and is prohibited from allowing any
other person (other than authorized family household members) to use their
account. If the Subscriber has multiple accounts, the Subscriber is
limited to one log-in session per system account at any given time.
Accounts that we believe have been transferred to third parties, or which
indicate activity in violation of this paragraph, are subject to being
immediately suspended or terminated at StratoNet's sole discretion. Any
Broadband equipment (in good repair), upon cancellation for any reason, must be
returned to StratoNet within 10 days or you will be charged current list price
for the equipment. Termination notice will be by email or U.S. Mail to the address
you provided for the Service. All notices to you shall be deemed effective
on the first (1st) day following the date of the email or on the fourth
(4th) day following the date of the mailing. Sections 1, 4, 6, 10 and 11
of this Agreement shall survive termination of this Agreement.

5. ACCOUNT REQUIREMENTS.

In order to receive the Service: You must be at least 18 years old.
Installed USB Port or Installed 10BaseT Ethernet NIC Operating System CD
(or equivalent) The Service must be available to your location. You
must keep your telephone service active in order for the Service to work
and you are responsible for charges for the Service regardless of the
status of your underlying telephone service.

6. PAYMENT.

You will be charged a one-time activation fee for the
Service, and must pay in advance first and last months service fees.
The Service will have a monthly fee based upon the Service level
ordered and installed. Current rates may be obtained by calling
1-888-382-8503. StratoNet may offer from time to time certain promotions
with different terms, activation fees and monthly charges. You must
provide accurate billing information including legal name, address,
telephone number, and credit card/billing information, and report all
changes to this information immediately. You are responsible for any
charges to your account. Questions regarding charges to an account should
be directed to StratoNet's Billing Department at 1-888-382-8503. All
charges are considered valid unless disputed in writing within sixty (60)
days of the billing date. Adjustments will not be made for charges that
are more than 60 days old. Charges are billed to your credit card or debit
card, as applicable, each month for the Service and any additional usage
or services. StratoNet is not responsible for any charges or expenses
(e.g., for overdrawn accounts, exceeding credit card limits, etc.)
resulting from charges billed by StratoNet. Payment by check is due prior
to the month in which the charges are incurred. You agree to maintain
valid and current credit card information on file with StratoNet at all
times. If purchasing Services through a reseller, the reseller must pay
all amounts owing for your account. If the reseller fails to pay StratoNet
any amounts due, whether or not you have paid the reseller, your account
will be subject to suspension or cancellation until you or the reseller
has paid all amounts due. Delinquent accounts may be suspended or canceled
at StratoNet's sole discretion; however charges will continue to accrue
until the account is canceled. StratoNet may bill an additional charge to
reinstate a suspended account.

7. YOUR ACCOUNT, PASSWORD AND SECURITY.

Upon registration, you will receive a username and password. You are
solely responsible for use of the Service. You must keep your password
confidential so that no one else may access the Services through your
account. You must notify StratoNet immediately upon discovering any
unauthorized use of your account. Any free Web site exceeding the allotted
amount of disk space may be suspended until you reduce the disk space
usage or purchase additional space. Any free Web site exceeding the
allotted amount of bandwidth will be billed for excess traffic. Email,
webspace and bandwidth limits are posted throughout our Web site at
www.strato.net. These limits may also be obtained by calling
1-888-382-8503. StratoNet reserves the right to change limits at any time.

8. INSTALLATION.

If the relationship is terminated by either party
(You or StratoNet) before the Activation Date or if the line is found to
be unprovisionable, you must return any equipment with all of its original
packaging to StratoNet. Types of equipment may change from time to time.
The installation, use, inspection, maintenance, repair, and removal of the
Equipment may result in service outage or potential damage to your
computer. You are solely responsible for backing up all existing computer
files. StratoNet and its employees, agents, contractors, and
representatives shall have no liability whatsoever for any damage to or
loss or destruction of any of your hardware, software, files, data, or
peripherals. You assume responsibility for impacts to or loss of any
warranty associated with the opening of your computer for installation of
an internal card (such as a Network Interface Card) or any other equipment.
You acknowledge that this is a fixed-location service for one location only.
Moving to another location will require the service to be reprovisioned at
the new location. This may result in substantial interruption of the
Service and will result in fees associated with cancellation and setting
up a new account. Early termination charges will apply even if the
termination is for reasons of a move to another location. STRATONET DOES
NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY YOU OR A THIRD
PARTY CHOSEN BY YOU WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE, OR
USE THE SERVICES, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR
COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION, STRATONET
SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO
PROPERLY INSTALL, ACCESS, USE, OR OPERATE THE EQUIPMENT OR SERVICES
BECAUSE OF YOUR INSTALLATION. THE FOREGOING LIMITATION OF LIABILITY IS IN
ADDITION TO AND SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL
LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT. StratoNet
will make its best effort to provide the Service. Because of the complex
nature of high speed internet services, availability, and the underlying
infrastructure, it may not be possible to provide the Service to everyone.
In its sole discretion, StratoNet may cancel the installation process and
refund any money that you have paid. StratoNet will notify you of its
intent to cancel as soon as reasonably possible. It may take 30, 60, 90 or
more days to determine if StratoNet is able to provide service. StratoNet
shall have no responsibility whatsoever for claims arising out of its
failure or refusal to complete the installation or provide the Service.

9. MONITORING THE SERVICES.

StratoNet has no obligation to monitor the Services, but may do so and
disclose information regarding use of the Services for any reason if
StratoNet, in its sole discretion, believes that it is reasonable to do
so, including to: satisfy laws, regulations, or governmental or legal
requests; operate the Service properly; or protect itself and its
subscribers. Please see our Privacy Policy. StratoNet may immediately
remove your material or information from StratoNet's servers, in whole or
in part, which StratoNet, in its sole and absolute discretion, determines
to infringe another's property rights or to violate our Acceptable Use
Policy.

10. DISCLAIMERS.

CERTAIN EQUIPMENT MAY BE SUBJECT TO THIRD PARTY WARRANTIES, WHICH MAY BE
PASSED THROUGH STRATONET TO YOU AT NO ADDITIONAL CHARGE. STRATONET WILL
COMPLY WITH ALL REASONABLE REQUIREMENTS NECESSARY TO AFFECT THE
PASS-THROUGH OF THE WARRANTY TO YOU. AT ITS SOLE OPTION WITHIN THE
INTITIAL TERM, STRATONET OR ITS AGENT MAY REPLACE A DEFECTIVE MODEM OR
GATEWAY ON BEHALF OF THE MANUFACTURER, PROVIDED YOU FOLLOW ALL APPLICABLE
PROCEDURES AND OBTAIN A RETURN MATERIALS AUTHORIZATION (RMA) NUMBER. THIS
WARRANTY DOES NOT COVER DEFECTS RESULTING FROM ACTS OUTSIDE OF STRATONET'S
CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR OR
MODIFICATION BY ANYONE OTHER THAN STRATONET OR ITS CONTRACTOR. STRATONET
RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME. THE SERVICES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. STRATONET DOES NOT
WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF
VIRUSES, OR OTHER HARMFUL COMPONENTS. STRATONET MAKES NO EXPRESS
WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE
PROVIDED THROUGH STRATONET OR THE INTERNET GENERALLY. NO ADVICE OR
INFORMATION GIVEN BY STRATONET OR ITS REPRESENTATIVES SHALL CREATE A
WARRANTY. STRATONET AND IT EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR
DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR
THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, STRATONET'S
CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF
THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING
A ONE-YEAR PERIOD. STRATONET SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY
CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM:
OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING;
DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING
THE SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE
MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS,
DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE
EQUIPMENT OR SERVICES; THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A
THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET,
CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY
RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE
ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND
OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE
PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE FOREGOING LIMITATION
APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF
STRATONET, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES
WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION
AGAINST STRATONET IN CONTRACT, TORT OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE
AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN
THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO
HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

11. DISCLAIMER OF CERTAIN LIABILITIES.

Under no circumstances shall StratoNet, Inc. be liable for indirect,
consequential, or incidental damages (including damages for lost profits,
business interruption, loss of data, and the like), even if any party has been
advised of the possibility of such damages. Service Shield will not cover any defects
that are subject to a manufacturer's program of reimbursement. Service Shield is not
intended to create or limit any implied warranties concerning your Broadband device,
which may or may not exist under applicable law.

12. JURISDICTION.

All uses of this site, and all information contained herein, including,
without limitation, any disputes arising under or related to this
Agreement, shall be governed by and interpreted pursuant to the laws of
the State of Florida and the United States of America. You further agree
that jurisdiction and venue of any claims arising under or relating to
this Agreement shall be exclusive in Highlands County, Florida or the U.S.
District Court for the Middle District of Florida. You expressly agree to
submit to jurisdiction and venue in Highlands County, Florida or the U.S.
District Court for the Middle District of Florida, regardless of the
location from which you access or use information or materials from this
site. Accordingly, any claim or action arising under or relating to this
Agreement may be brought only in Highlands County, Florida or the U.S.
District Court for the Middle District of Florida, and the Parties agree
to waive jurisdiction and venue in any other forum.

13. MISCELLANEOUS.

This Agreement, which StratoNet reserves the right to assign to
third party companies, the Acceptable Use Policy, and StratoNet's other
Agreements and policies posted on StratoNet's Web site constitute the
entire agreement between you and StratoNet with respect to your use of the
Service. StratoNet may revise, amend, or modify the Agreements at any time
and in any manner. Notice of any revision, amendment, or modification will
be posted on StratoNet's Web site and/or on your start pages and/or by email
and/or in our various publications and mailings to you.

Ver.09/21/2004