Cyber Broadcasting, LLC

The following is the service agreement for Cyber Broadcasting, L.L.C.

_____ YEAR SUBSCRIBER AGREEMENT effective as of the date of activation of the CyberBroadcasting Wireless Services.

Thank you for choosing CyberBroadcasting Wireless!

Please read this Subscriber Agreement carefully since it contains important contract rights and obligations between you and CyberBroadcasting Wireless, as well as important limitations on those rights. Agreement to these terms is required for use of the CyberBroadcasting Wireless Service ("Service"). If you do not agree with all of these terms, then you may not sign up for the use of the Service.

Customer Support: Cyber Broadcasting provides customer support for it’s Wireless network. You may contact our Service Center at (815) 634-8709. Hours of operation are Monday through Friday 8:00am through 5:00pm. Or you may contact them via email at support@cbcast.com or by writing to:

Cyber Broadcasting, L.L.C., Customer Support, 680 S. Broadway, Coal City, IL. 60416

Cyber Broadcasting, L.L.C. CONTROLLED USAGE PLAN To ensure equitable Internet access for all CyberBroadcasting Wireless subscribers, CyberBroadcasting Wireless maintains a running average Controlled Usage Plan. Controlled Usage establishes an equitable balance in Internet access across the Service for all CyberBroadcasting Wireless customers regardless of their frequency or traffic usage. To ensure this equity, customers may experience some temporary throughput limitations. CyberBroadcasting Wireless’ Service access is not guaranteed. This policy applies to all service plans including "Unlimited" plans where customers' use of the service is not limited to a specific number of hours per month.

Resale Provision CyberBroadcasting Wireless services are not intended for resale. CyberBroadcasting reserves the right to terminate any contract in the event of resale.

A. WHO MAY USE THE SERVICE — SUPERVISION. Using the Service requires that you be a Subscriber of the Service, or that you have permission of a Subscriber to use that Subscriber's CyberBroadcasting Wireless access account. Even if you are not yourself a Subscriber, you still must comply with these terms if you use the Service. Subscriber agrees to supervise and be fully responsible for all use by others of the Subscriber's CyberBroadcasting Wireless account in accordance with the terms and conditions of this Agreement as more fully described below.

B. ABOUT CyberBroadcasting WIRELESS SUBSCRIBERSHIP AND ACCOUNTS. A "Subscriber" is a person who, being at least 18 years of age, has agreed to this Subscriber Agreement, is legally able to enter into contracts, and whose name and other necessary billing and identifying information are reflected on CyberBroadcasting Wireless's records as the person responsible for a particular CyberBroadcasting Wireless account. This Commercial License is a non-exclusive, non-assignable, and non-transferable license to use the CyberBroadcasting Wireless Service by one computer in the commercial location, as described more fully herein. A CyberBroadcasting Wireless account is required for access to the Service and is recognized by CyberBroadcasting Wireless by the Subscriber's associated account number, billing information and Subscriber name.

C. PRICING AND BILLING DETAILS. Please pay close attention to the terms referred to below regarding pricing and billing information. Some of these terms are located in a separate document on Service and are an important part of this Agreement. They may be contained in a separate document (or documents), hereby incorporated by reference, as they contain pricing and billing options and plans that you may choose from or that may not apply to or be available to every Subscriber.

D. CHANGES. Changes to both the Service and this Subscriber Agreement may be made from time to time in CyberBroadcasting Wireless’ sole discretion. These changes may affect your rights and obligations under this Agreement and may also affect the makeup and nature of the Service itself. This Subscriber Agreement, including any future modifications, will be available on the CyberBroadcasting Wireless Website at www.cbcast.com.

E. YOUR RIGHT TO CANCEL. In the event that CyberBroadcasting Wireless changes the terms and conditions of this Agreement or the Service itself, then the Subscriber shall have the right to cancel the Subscriber's account at that time in accordance with the terms and conditions of this Agreement as set forth below. You may be subject to a cancellation fee if you acquired the Service as part of a promotion that required you to subscribe to the Service for a period of time and you cancel this Subscriber Agreement before the expiration of such period.

F. SUBSCRIBER AGREEMENT ORGANIZATION. This Subscriber Agreement is organized into five "Parts:"
Part I - The Service, Subscribership and This Subscriber Agreement
Part II – Payment
Part III - Permitted Use and Restrictions on Use
Part IV - Grant of Important Rights by Subscriber to CyberBroadcasting Wireless, and Important Disclaimers to, Acknowledgments by, and Obligations of Subscriber
Part V - General (Note: Although located at the end of this Subscriber Agreement, these terms are important.).

PART I THE SERVICE, SUBSCRIBERSHIP AND THIS SUBSCRIBER AGREEMENT

1. THE SERVICE. The Service consists of a microwave two-way broadcast/receive system which is to be used to carry packets to/from the Internet.

2. MODIFICATIONS; RIGHTS OF CANCELLATION OR SUSPENSION

2.1 MODIFICATION OF THIS SUBSCRIBER AGREEMENT. Upon notice published over the Service, CyberBroadcasting Wireless may at any time modify this Subscriber Agreement, including, without limitation, pricing and billing terms.

2.2 MODIFICATION OF THE SERVICE. CyberBroadcasting may discontinue, add to, or revise any or all aspects of the Service in its sole discretion and without notice, including access to support services, publications, and any other products or services ancillary to the Service or membership. In particular, CyberBroadcasting specifically reserves the right at its sole discretion to modify, supplement, delete, discontinue, or remove any software, file, publications, information, communication, or other content appearing on or transmitted through the Service.

2.3 TERMINATION BY SUBSCRIBER. In the event that CyberBroadcasting modifies this Subscriber Agreement, the Service, or related pricing or billing terms, Subscriber may immediately terminate Subscriber's account and this Subscriber Agreement, and Subscriber may also do so at any other time and for any reason or for no reason upon thirty (30) days' written notice after the term of service. Subscriber shall terminate this Agreement in accordance with the terms and conditions specified herein; failure to do so may delay or prevent CyberBroadcasting from knowing that a termination was intended. In such event Subscriber will continue to be liable under this Agreement for all fees and charges until such time as the Agreement has been properly terminated or CyberBroadcasting has acknowledged such termination in writing. Subscriber will be subject to a cancellation fee if Subscriber cancels the Service before the expiration of the period specified on page 1.

2.4 TERMINATION OR SUSPENSION BY CyberBroadcasting. CyberBroadcasting may immediately terminate the Subscriber's account and this Subscriber Agreement in the event of any breach of this Subscriber Agreement by Subscriber or a user of Subscriber's account. CyberBroadcasting reserves the right in its sole discretion to terminate the Subscriber's account and this Subscriber Agreement at any time or to suspend (with or without notice) or terminate access to or use of the Service, in whole or in part, with respect to any Subscriber (and/or with respect to any user of Subscriber's account) at any time. In the event that CyberBroadcasting either terminates or suspends Subscriber's account and/or Subscriber's Agreement for reasons other than breach of this Agreement, then CyberBroadcasting shall provide 30 days' notice of such suspension or termination to the Subscriber.

2.5 CONTINUATION OF OBLIGATIONS. Notwithstanding any cancellation or termination of this Subscriber Agreement or any Subscriber account, nor any suspension or termination of access to or use of the Service, Subscriber will remain responsible for any obligations accrued to the date of such action, including payment of any charges that may be due as a result of or in connection with such action(s). Subscriber's payment and other obligations under this Subscriber Agreement are not suspended or affected by a suspension of access to or use of the Service, in whole or in part, due to a violation (actual, threatened, or alleged) of this Subscriber Agreement or of any law or legal obligation by Subscriber or any user of Subscriber's account.

3. WHO MAY USE THE SERVICE – RESPONSIBILITY AND SUPERVISION.

3.1 AGE AND ACCOUNT SETUP. Subscriber represents that Subscriber is at least 18 years of age and has the right and ability to enter into this Subscriber Agreement. Subscriber agrees that Subscriber is responsible for installing, establishing, and setting up, and for verifying and maintaining, the account, options, settings, and other parameters under which the Service is used, including (without limitation) all related passwords and user identification information. These account functions may be performed only by a person at least 18 years of age, without exception.

3.2 MULTIPLE USE OF ACCOUNT. Multiple members of the same business and business location as Subscriber's may share a single Subscriber ID number and account, if authorized by Subscriber to use the account. In addition, up to eight (8) members of the same household may access the service at any given time through the same Subscriber ID number or account.

3.3. SUBSCRIBER RESPONSIBILITY. Subscriber shall be responsible for all access to and use of the Service through Subscriber's account or password(s) and for any fees incurred for service, or for software or other merchandise purchased thereon, or any other expenses incurred in accordance with the terms of this Subscriber Agreement. Subscriber promises to pay such amounts billed by CyberBroadcasting for such service, software, or merchandise and any related fees, taxes and charges. Permitted users of Subscriber's account are limited to family members with the same permanent residence as Subscriber. Subscriber acknowledges that Subscriber is aware that areas accessible on or through the Service may contain material that is unsuitable for minors (persons under 18 years of age). Subscriber agrees to supervise usage of the Service by minors who use the Service through Subscriber's account. Subscriber hereby ratifies and confirms any obligations a minor using Subscriber's account enters into or assumes and any promises or permissions such minor makes or gives.


PART II PAYMENT

4. FEES AND PAYMENT.

4.1 FEES, TAXES AND OTHER CHARGES. Subscriber shall pay, in accordance with the provisions of the billing option selected by Subscriber, any registration or monthly fees, connect time charges, ISP service charges, minimum charges, and other amounts charged to or incurred by Subscriber, or by users of Subscriber's account, at the rates in effect for the billing period in which those amounts are charged or incurred. Subscriber shall pay all applicable taxes related to use of the Service by Subscriber or by users of Subscriber's account. Information on charges and surcharges (if any) that are to be paid to CyberBroadcasting and are incurred by Subscriber or by users of Subscriber's account will be made available to the Subscriber on the Subscriber’s invoice. Subscriber agrees that this is sufficient notice for all purposes as to charges incurred and paid or to be paid to CyberBroadcasting. Additional terms relating to pricing, billing, and payment and which are an integral part of this Subscriber Agreement are set forth and available on the CyberBroadcasting Website.

4.2 PAYMENT. CyberBroadcasting will make available to Subscriber a statement for each billing cycle showing payments, credit purchases, and other charges. Payment of the outstanding balance is due in full each month. If Subscriber's payment is not received by CyberBroadcasting before the next statement is issued, Subscriber may be charged interest on the delinquent balance at the rate of one and one-half percent (1.5%) per month, prorated on a daily basis. Furthermore, if CyberBroadcasting does not receive payment before the next statement is issued, CyberBroadcasting has the right to inactivate the service upon the expiration of any applicable grace period with respect to the amount due.

4.3 COMMENCEMENT AND DURATION OF SUBSCRIBERSHIP FEES. Subscriber acknowledges that (subject to any exceptions granted by CyberBroadcasting) a monthly subscribership fee will apply for each and every month (or portion thereof) that one is a Subscriber. Subscriber's account will continue until Subscriber cancels the account in accordance with the method or methods specified by CyberBroadcasting (unless otherwise terminated in accordance with this Subscriber Agreement). As stated above, Subscriber may cancel his or her account at any time, subject to the cancellation fee, if applicable. The monthly subscription fee shall cease to apply for any months after the billing month in which Subscriber cancels or terminates his or her account in accordance with the terms and conditions stated herein. CyberBroadcasting may, but is not required to, accept partial payments from Subscribers. If partial payments are made, they will be applied to statements starting with the oldest outstanding statement. Late fees will be assessed monthly as allowed by applicable law until the total outstanding account balance, including late fees and all other charges, is paid. If a Subscriber sends checks or money orders marked "payment in full" or otherwise labeled with restrictive endorsements, CyberBroadcasting can, but is not required to, accept them, without losing any of CyberBroadcasting’s rights to collect all amounts owed under this Agreement. In the case of late payment or non-payment for any of the CyberBroadcasting’s services or any of the charges stated herein, Subscriber understands and agrees that CyberBroadcasting may report such late payment or nonpayment to the appropriate credit reporting agencies. If CyberBroadcasting chooses to use any collection agency or attorney to collect money that is owed CyberBroadcasting Wireless or to assert any other right which CyberBroadcasting Wireless may have, Subscriber agrees to pay the reasonable costs of collection or other action including, but not limited to, the costs of a collection agency, reasonable attorney's fees, and court costs, as provided by applicable law.

4.4 REACTIVATION. If a Subscriber’s service is inactivated because of a failure to submit payment on time or for any other reason, in addition to payment of past due amounts, CyberBroadcasting Wireless may require a deposit before reactivating the CyberBroadcasting Wireless service, which shall not exceed one (1) year's subscription fees. Amounts deposited by a Subscriber will appear on his or her statement as a credit, and service charges and other fees will be invoiced as set forth above. Any unpaid amounts will be deducted each billing cycle from the credit amount. Credit amounts shall not earn or accrue interest. If a CyberBroadcasting Wireless service is inactivated for any reason, including at the request of the Subscriber or because of failure to pay past due amounts, and a Subscriber wants to reactivate the service, the Subscriber agrees to pay a reactivation fee in accordance with CyberBroadcasting Wireless's then current rates. In addition, the Subscriber must bring his or her account up to date by making payment in full of any outstanding balance, fees and charges.

4.5 ANCILLARY EQUIPMENT, SERVICES. It is Subscriber’s responsibility to obtain, MAINTAIN, and operate suitable and fully compatible terminal equipment and communication devices required to access the Service. SUBSCRIBER ACKNOWLEDGES THAT CERTAIN SUBSCRIBER EQUIPMENT MAY HAVE BEEN ACQUIRED SEPARATE AND APART FROM THIS SUBSCRIBER AGREEMENT. SUBSCRIBER IS SOLELY RESPONSIBLE FOR MAINTAINING SUCH SUBSCRIBER EQUIPMENT. CYBERBROADCASTING WIRELESS MAKES NO REPRESENTATION OR WARRANTIES PURSUANT TO THIS SUBSCRIBER AGREEMENT, EITHER EXPRESS OR IMPLIED, REGARDING SUCH SUBSCRIBER EQUIPMENT, ALTHOUGH LIMITED WARRANTIES MAY EXIST UNDER A SEPARATE PURCHASE AGREEMENT WITH CYBERBROADCASTING WIRELESS.


PART III PERMITTED USE AND RESTRICTIONS ON USE

5. SOFTWARE LICENSE. Subject to the terms of this Subscriber Agreement, CyberBroadcasting Wireless grants to Subscriber a commercial, non-exclusive, non-assignable, and nontransferable license to use and display the software provided by or on behalf of CyberBroadcasting Wireless only for purposes of accessing the Service ("Software") on any machine(s) of which Subscriber is the commercial user or which Subscriber authorizes for use. Unauthorized copying of the Software, including software that has been modified, merged or included with the Software, or the written materials associated therewith, is expressly forbidden. Subscriber may not sublicense, assign or transfer this license or the Software except as permitted by CyberBroadcasting Wireless. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this license is void. Subscriber agrees that he or she shall not copy or duplicate, or permit anyone else to copy or duplicate, any part of the software provided hereunder, or create or attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise, the source programs or any part thereof from the object programs or from other information made available under this Subscriber Agreement.
6. RESERVED.

7. SPECIFIC RESTRICTIONS ON USE OF THE SERVICE.

7.1 PROHIBITED CONDUCT. Subscriber agrees not to upload, post, or otherwise publish on or over the Service, and not to seek on or over the Service, any software, file, information, communication, or other content: (a) which violates or infringes upon the rights of any one else; (b) which adversely affects the performance or availability of the Service or CyberBroadcasting Wireless's resources; (c) which contains any virus, worm, cancelbot, harmful component, or corrupted data; or (d) which, without the approval of CyberBroadcasting Wireless, contains any advertising, promotion, or solicitation of goods or services for commercial purposes. This Section 7.1 shall not be interpreted to restrict Subscriber from utilizing mail services in conducting a legitimate business except that Subscriber may not, without the approval of CyberBroadcasting Wireless, send unsolicited advertising or promotional material. Subscriber agrees not to intercept email or engage in "spamming" or any similar conduct.

7.2 ILLEGAL OR COMPETITIVE PURPOSES. Subscriber agrees not to use the Service or any of its elements or related facilities or capabilities to conduct any business or activity, or to solicit the performance of any activity, which is prohibited by or would violate any applicable law, rule, regulation, or legal obligation.

7.3 COMPLIANCE WITH LAWS. Subscriber agrees to comply with all applicable laws, rules and regulations in connection with the Service, its use of the Service, and this Subscriber Agreement.


PART IV GRANT OF IMPORTANT RIGHTS BY SUBSCRIBER TO CYBERBROADCASTING WIRELESS, AND IMPORTANT DISCLAIMERS TO, ACKNOWLEDGMENTS BY, AND OBLIGATIONS OF SUBSCRIBER


8. COPYRIGHT AND LICENSES.

8.1 RESERVATION OF RIGHTS BY CYBERBROADCASTING WIRELESS. CyberBroadcasting Wireless reserves all copyrights and other rights in and to any content available through the Service and is identified as, claimed by CyberBroadcasting Wireless as, or known by Subscriber to be, proprietary to CyberBroadcasting Wireless (or its licensors). The content on the Service is protected under applicable copyright law, including as a collective work. All copying, modification, distribution, publication, or other use by Subscriber, or by any user of Subscriber's account, of any such content or other works is prohibited, except as expressly permitted by CyberBroadcasting Wireless.

9. NO ENDORSEMENT. CyberBroadcasting Wireless does not endorse or in any way vouch for the accuracy, completeness, truthfulness, or reliability of any service, opinion, advice, communication, information, or other content on or made available through the Service. None of such content should be construed or understood to constitute or reflect the views or approval of CyberBroadcasting Wireless. CyberBroadcasting Wireless does not recommend that such content be relied on for reaching important decisions or conclusions without appropriate verification by the Subscriber or user and, as appropriate, professional advice.

10. INTERNET. SUBSCRIBER ACKNOWLEDGES THAT INTERNET SITES NOT CREATED BY CYBERBROADCASTING WIRELESS, AND USE OF THE INTERNET, MIGHT CONSIST OF, INCLUDE, AND/OR PROVIDE ACCESS TO IMAGES, SOUND, MESSAGES, TEXT, SERVICES, OR OTHER CONTENT AND MATERIAL THAT MAY BE UNSUITABLE FOR MINORS AND THAT MAY BE OBJECTIONABLE TO MANY ADULTS. SUBSCRIBER ACKNOWLEDGES THAT CYBERBROADCASTING WIRELESS IS NOT RESPONSIBLE FOR ANY SUCH CONTENT OR MATERIAL AND AGREES THAT ACCESS TO SAME THROUGH USE OF THE SERVICE IS AT SUBSCRIBER'S SOLE RISK. The reliability, availability, legality, performance, and other aspects of resources accessed through the Internet are beyond CyberBroadcasting Wireless's reasonable control and are not in any way warranted or supported by CyberBroadcasting Wireless or its third-party contractors. Subscriber acknowledges that safeguards relative to copyright, ownership, appropriateness, reliability, legality, and integrity of content may be entirely lacking with respect to the Internet and content accessible through it. Subscriber confirms that Subscriber assumes all risk and liability of any use of the Internet through Subscriber's account, including Subscriber's continuous compliance with the Subscriber Agreement.

11. USE AND CONTROL OF INFORMATION; MEMBER COMMUNICATION; ADS. CyberBroadcasting Wireless may, without obligation, liability, or notice, except to the extent prohibited by applicable law, distribute, loan, sell, or otherwise share with other persons or entities user lists as well as aggregate information. Aggregate information includes information constituting or descriptive of demographic information, habits, usage patterns, preferences, survey data, or other descriptive or related data which do not rely on providing to recipients the identity of any particular user of the Service. This shall not be construed to limit CyberBroadcasting Wireless's use of other information not addressed in this Section 11. CyberBroadcasting Wireless will be free, in its reasonable good faith discretion and without notice, to provide Subscriber and user information and records to the courts, law enforcement agencies, or others involved in prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or to violate or threaten the rights of any person or entity, and to maintain and use internally such information and records. Information generated by or in connection with CyberBroadcasting Wireless's administration of the Service shall be and remain the exclusive property of CyberBroadcasting Wireless. CyberBroadcasting Wireless may also from time to time provide online, telephone, email, mail, and other communications to its Subscribers and users on matters pertaining to the Service, its features, its sponsors, or its use without compensation to them or reimbursement of costs for doing so, but shall do so reasonably and in good faith. Subscriber acknowledges that communications with CyberBroadcasting Wireless, its representatives, and its contractors may be monitored or reviewed for quality control and other reasonable business purposes. Subscriber also acknowledges that advertising and promotion may occur on the Service and also that neither Subscriber nor any user shall in any event have any claim with respect to any proceeds from such activities.

12. DISCLAIMER OF WARRANTIES AND EXCLUSION OF LIABILITY.

12.1 DISCLAIMER OF WARRANTIES, LIABILITY AND RESPONSIBILITY. SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT SUBSCRIBER'S SOLE RISK. NEITHER CYBERBROADCASTING WIRELESS NOR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES CYBERBROADCASTING WIRELESS OR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, EXCEPT FOR THOSE WARRANTIES, IF ANY, WHICH ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THIS SUBSCRIBER AGREEMENT. IN PARTICULAR, BECAUSE CYBERBROADCASTING WIRELESS MAY PROVIDE ITS SUBSCRIBERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON CYBERBROADCASTING WIRELESS, WHICH CONTENT MAY BE ORIGINATED BY INDEPENDENT PUBLISHERS AND/OR PROVIDERS AND WHICH CONTENT IS NOT AUGMENTED BY CYBERBROADCASTING WIRELESS, CYBERBROADCASTING WIRELESS CANNOT AND DOES NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION AS ORIGINATED BY SAID INDEPENDENT PUBLISHERS AND/OR PROVIDERS, AND CYBERBROADCASTING WIRELESS SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY ERRORS, OMISSIONS, OR INACCURACIES RELATING THERETO. IF DEFECTIVE, SUBSCRIBER - NOT CYBERBROADCASTING WIRELESS, ITS DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES, OR ANY THIRD-PARTY CONTENT PROVIDER, ASSUMES THE CONSEQUENCES RESULTING THEREFROM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CYBERBROADCASTING WIRELESS, ITS DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES, OR ANY THIRD-PARTY CONTENT PROVIDER, SHALL CREATE ANY WARRANTY IN OR TO THE CYBERBROADCASTING WIRELESS SERVICE OR THE CONTENT, AND SUBSCRIBER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS WARRANTY GIVES SUBSCRIBER SPECIFIC LEGAL RIGHTS. SUBSCRIBER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

12.2 LIMITATION OF LIABILITY. NEITHER CYBERBROADCASTING WIRELESS NOR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY REPRESENTATION OR WARRANTY. WITHOUT IN ANY WAY LIMITING THE FOREGOING, IF FOR ANY REASON, BY OPERATION OF LAW OR OTHERWISE, ANY PORTION OF THE FOREGOING LIMITATION OF LIABILITY SHALL BE VOIDED, THEN IN SUCH EVENT THE MAXIMUM, SOLE, AND EXCLUSIVE LIABILITY OF CYBERBROADCASTING WIRELESS, ITS DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES, OR THIRD-PARTY CONTENT PROVIDER, IF ANY, SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO CYBERBROADCASTING WIRELESS BY SUBSCRIBER FOR SERVICES FURNISHED UNDER THIS SUBSCRIBER AGREEMENT AND THOSE TERMS AND CONDITIONS DURING AND FOR A PERIOD OF TIME COMMENCING UPON THE OCCURRENCE OF SUCH ERROR, DEFECT, OR FAILURE AND CEASING UPON THE DISCOVERY OF SUCH, IN WHOLE OR IN PART; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL SUCH PERIOD OF TIME EXCEED THE THREE-(3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE WHICH SUCH ERROR, DEFECT, OR FAILURE IS FIRST DISCOVERED IN WHOLE OR IN PART.

12.3 APPLICABILITY OF PROVISIONS TO CIRCUMSTANCES INVOLVING OTHERS. SUBSCRIBER EXPRESSLY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION 12 SHALL ALSO APPLY TO ANY AND ALL CLAIMS RELATING TO "ACQUIRED MATERIAL" AND ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICE. SUBSCRIBER AGREES THAT IT WILL NOT IN ANY WAY HOLD CYBERBROADCASTING WIRELESS RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING THOSE WITH WHOM CYBERBROADCASTING WIRELESS CONTRACTS TO OPERATE VARIOUS AREAS ON OR FEATURES OF THE SERVICE).

12.4 FULL APPLICABILITY. THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY APPLY REGARDLESS OF ANY ALLEGATION OR FINDING THAT A REMEDY FAILED OF ITS ESSENTIAL PURPOSE, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) AND EVEN IF CYBERBROADCASTING WIRELESS OR OTHERS WERE ADVISED OR AWARE OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR LIABILITY.

12.5 POSSIBLE EXCEPTIONS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MIGHT NOT APPLY TO THAT EXTENT.

13. INDEMNITY. Subscriber agrees to indemnify CyberBroadcasting Wireless against all claims, liability, damages, costs, and expenses, including but not limited to reasonable attorneys' fees, arising out of or related to any and all use of Subscriber's account. This includes, without limitation, responsibility for all such consequences of Subscriber's (or that of any user of Subscriber's account) violation of this Subscriber Agreement or placement on or over, or retrieval from or through, the Service of any software, file, information, communication, or other content.

14. THIRD-PARTY BENEFICIARIES. The provisions of Sections 12 and 13 are for the benefit of CyberBroadcasting Wireless and its respective contractors, information or content providers, service providers, licensors, employees, and agents; and each shall have the right to assert and enforce such provisions directly on its own behalf.

15. LIABILITY FOR UNAUTHORIZED USE. Subscriber agrees to notify CyberBroadcasting Wireless immediately after he or she sells, gives away, or otherwise transfers CyberBroadcasting Wireless equipment to anyone else. Subscriber is considered the registered recipient of the CyberBroadcasting Wireless services until CyberBroadcasting Wireless receives such notice, and Subscriber will be liable for any charges or fees incurred by the use of CyberBroadcasting Wireless equipment by anyone else up to the time that such notice is received by CyberBroadcasting Wireless, unless otherwise provided by State law. Subscriber may not assign or transfer his or her service without the written consent of CyberBroadcasting Wireless. If any assignment or transfer without the written consent of CyberBroadcasting Wireless occurs, CyberBroadcasting Wireless may inactivate the service. If Subscriber’s CyberBroadcasting Wireless equipment is stolen or otherwise removed from his or her premises without authorization, Subscriber must notify CyberBroadcasting Wireless Customer Care Center immediately, or else Subscriber may be liable for payment to CyberBroadcasting Wireless for unauthorized use of his or her CyberBroadcasting Wireless system. Subscriber will not be liable for unauthorized use after CyberBroadcasting Wireless has received such notification.

16. PROPRIETARY RIGHTS. Except for public domain material, all copyrightable content distributed over CyberBroadcasting Wireless is copyrighted by CyberBroadcasting Wireless or the third-party content provider. CyberBroadcasting Wireless and/or such third-party content providers own all right title and interest to such content and Subscriber may not copy, distribute, transmit, or publish, in any form, including printed, electronic, digitized, audio, or otherwise, or modify all or any portion of such content without the prior written consent of the copyright owner; provided, however, that Subscriber may store one copy of the content on Subscriber’s personal computer for personal use for a period not to exceed thirty (30) calendar days. All copyright or other proprietary rights notices contained in or associated with the content or contained therein must be preserved in, or on, any copies made of such material. The placement of copyrighted material in any public posting area or software library, whether of CyberBroadcasting Wireless or not, without the consent of the copyright owner, is in violation of this Subscriber Agreement.

PART V GENERAL


17. LIMITS ON TRANSFERS; OTHER LIMITS. Unless otherwise agreed in writing, Subscriber's right to use the Service, or to designate other users of its account, is not transferable and is subject to any limits established by CyberBroadcasting Wireless, or by Subscriber's credit card company or other billing institution, as applicable.

18. CHOICE OF LAW. This Subscriber Agreement is made in the State of Illinois. This Subscriber Agreement and all of the parties' respective rights and duties in connection herewith shall be governed by and construed in accordance with the laws of the State of Illinois, in the United States, excluding its conflicts of laws provisions. Any cause of action of Subscriber, or by users of Subscriber's account, with respect to the Service or this Subscriber Agreement, must be instituted within one (1) year after the claim or cause of action has arisen, or be barred. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Subscriber Agreement and it is acknowledged that this is a service contract and not a contract for the sale of goods. Subscriber agrees that this Subscriber Agreement is set forth in the English language for the mutual convenience and benefit of the parties.

19. CONSTRUCTION AND DELEGATION. Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this Subscriber Agreement. CyberBroadcasting Wireless may authorize or allow its contractors and other third parties to provide to CyberBroadcasting Wireless and/or to Subscriber services necessary or related to making the Service available and to perform obligations and exercise rights of CyberBroadcasting Wireless under this Subscriber Agreement, and may collect payment on their behalf, if applicable. The provisions of Sections 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21, and all other provisions hereof which by their nature should continue, shall survive any termination of this Subscriber Agreement.

20. MISCELLANEOUS. Where notification by CyberBroadcasting Wireless is contemplated by or related to this Subscriber Agreement, notice may be made by any reasonable means, including, but not limited to, email or publication over the Service. If any term of this Subscriber Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be construed in such a way as to eliminate the offending aspects while still giving as much effect as possible to the intentions of such term. If this cannot be done and the entire term is invalid, illegal, or unenforceable and cannot be so repaired, then the term shall be considered to be stricken from this Subscriber Agreement as if it had not been included from the beginning. In any such case, the balance of this Subscriber Agreement shall remain in effect in accordance with its remaining terms notwithstanding such invalid, illegal, or unenforceable term. CyberBroadcasting Wireless may enforce or decline to enforce any or all of the terms of this Subscriber Agreement in its sole discretion. In no event shall CyberBroadcasting Wireless be required to explain, comment on, suffer liability for, or forfeit any right or discretion based on its enforcement, non-enforcement, or consistency of enforcement of these terms. Captions used in this document are for convenience only and shall not be considered a part of this Subscriber Agreement or be used to construe its terms or meaning.

21. ASSIGNMENT OF ACCOUNT. CyberBroadcasting Wireless may sell, assign, or transfer Subscriber’s account to a third party without notice. In the absence of a notice of such sale or transfer, Subscriber must continue to make all required payments to CyberBroadcasting Wireless in accordance with Subscriber’s billing statement.

22. ENTIRE AGREEMENT. This Subscriber Agreement, as published over the Service, as well as the additional online documents specifically referred to herein as being a part of this Subscriber Agreement, constitute the entire and only agreement with respect to the subject matter hereof (collectively, the Subscriber Agreement) between CyberBroadcasting Wireless and Subscriber, applicable also to all users of Subscriber's account. This Subscriber Agreement supersedes all representations, proposals, inducements, assurances, promises, agreements, and other communications with respect to the subject matter hereof except as expressly set forth in this document. By executing the sign-up procedure, Subscriber agrees to the terms and conditions of this Subscriber Agreement. This Subscriber Agreement can be amended only in the manner expressly provided for in this Subscriber Agreement. [END OF AGREEMENT] Rev. 1-12-2005