WBIA agrees to provide you ("User") with Satellite delivered Broadband Internet delivery service and, optionally, with dial up Internet connection and ISP services subject to User's compliance with the terms and conditions contained in this document.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE THE SERVICE.

Warranty Disclaimer

THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED. WBIA exercises no control whatsoever over the content of the information passing through WBIA 's system. Use of any information obtained via WBIA is at User's risk. Neither WBIA nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does WBIA make any warranty as to the results from use of the Service.

THE SERVICE IS PROVIDED 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, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY WBIA, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER WBIA NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR ANY OTHER HARMFUL COMPONENTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WBIA, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT WBIA IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, WBIA's LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM. IT IS THE USERS RESPONSIBILITY AT ALL TIMES TO MAKE SURE THE NUMBER BEING DIALED IS A LOCAL NUMBER. THE USER IS RESPONSIBLE FOR ALL LONG DISTANCE CHARGES TO THE ACCOUNT.

If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of WBIA in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.

Indemnification

Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold WBIA, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by WBIA, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify WBIA in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and WBIA shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

WBIA shall indemnify, defend and hold harmless USER from any and all damages, liabilities, costs and expenses (including reasonable attorney's fees) incurred by USER as a result of any claims that the Service, when used within the scope of this Agreement, infringes any copyright, trademark or trade secret of any third party, provided that USER promptly notifies WBIA in writing of any such claim and promptly tenders the control of the defense and settlement of any such claim to WBIA, at WBIA's expense and with WBIA 's choice of counsel.

Age Limit

User represents to WBIA that all of it's employees are 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

Sexually Explicit Materials

User understands that the Internet contains unedited materials some of which are sexually explicit and/or may be offensive. User accesses such materials at his or her own risk. WBIA has no control over and accepts no responsibility whatsoever for such materials.

Service Limitations

WBIA’s desire is to assure that each end-user subscriber has an “as advertised” surfing experience. In order to insure that the service is available to all subscribers on an equal basis, certain “Reasonable Use” controls are placed on the service. These are described below for both the satellite service and optional dial up service portions on WBIA’s service provision.

Terms of Payment

WBIA bills its membership fees in advance on the 1st and 15th of each month via credit card or other suitable electronic means. A user's billing cycle begins on the date of activation and lasts until the next monthly anniversary of activation. For example if a user's satellite system is activated on the 12th of the month, the account is due on the 12th but will not be billed until the 15th. WBIA may without notice revert to billing the account on the anniversary date of its activation.

The billing cycle for self installations will begin with the activation of the satellite system or 14 days from the delivery date of the equipment, whichever comes first.

WBIA maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 1.5% per month, or as permitted by the law, on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event WBIA utilizes an outside collection agency or attorney to collect any unpaid amounts, User shall be responsible for the payment of all of WBIA's attorneys' fees and costs in the collection of these sums.

No Confidentiality

Information transmitted through WBIA and through the Internet in general is not confidential. WBIA cannot and shall not guarantee privacy or protection of any User. WBIA reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of WBIA.

Non-transferable

The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

Purchases on the Service

If User wishes to make purchases on the Service, the merchant or information or service provider from whom User is making the purchase may ask User to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.

No System Backup

WBIA does not and will not perform system backups on any User's E-mail account(s). WBIA shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, WBIA will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Equipment Sales and Installation

WBIA equipment sales are final unless there is a material defect in the equipment sold. Refunds will be afforded only in compliance with the most current policy. WBIA does not assume responsibility for satellite dish installations. Satellite installations are solely the responsibility of the user. While WBIA may find a local satellite installer as a convenience to the user, WBIA does not assume responsibility for the actions of any installer or installation company.

Read Miscellaneous

User agrees to notify WBIA if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to WBIA.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

WBIA's failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

WBIA may modify this Agreement from time to time by placing a notice of such modification at http://www.wbia.net, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

WBIA shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of WBIA.

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming WBIA as the defendant, shall be proper only in a venue determined by WBIA.

In any action between WBIA and User to enforce any of the terms of this Agreement, WBIA shall be entitled to recover expenses, including reasonable attorney's fees.

Acceptable Use Policy

Rationale

It is our intention to allow WBIA customer’s access to everything the Internet has to offer with minimal or no interference. Our belief in Free Speech is a firm commitment to our customers. However, Free Speech does not include the right to shout "Fire" in a crowded theater. In an analogous manner, certain activities are considered inappropriate by the Internet community at large, and cannot be permitted under the guise of Free Speech.

WBIA does monitor the activity of accounts including on-line time, file downloads, measurements of system utilization and billing records. In our efforts to promote good citizenship within the Internet community, if we become aware of inappropriate use of WBIA service, we will respond.

WBIA’s Acceptable Use Policy (AUP) is designed to help protect our customers, and the Internet community, from irresponsible or illegal activities. As good net citizens, we prohibit the impersonation of others, unsolicited commercial appeals, and any disruption of Internet services. Examples of such activities are given below:

Prohibited Uses

User may not:
• Restrict or inhibit any other user from using and enjoying the Internet;
• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
• Post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
• Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
• Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;
• Upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;
• Run or activate processes while User is not logged in;
• Run or operate like services via connections into or received from WBIA;
• Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;
• Violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.

Network unfriendly activity:

Activities which adversely affect the ability of other people or systems to use [ISPName] services or the Internet is prohibited.

Privacy violations:

Attempts, whether successful or not, to gain access to any computer system, or customer's data, without consent is prohibited.

E-mail

Commercial e-mail:

Sending unsolicited commercial e-mail is prohibited. Using a WBIA e-mail address to collect responses from unsolicited commercial e-mail is prohibited. Please refer to the section on Commerce on the Internet for additional guidance.

Mass Mailing:

Sending large volumes of unsolicited e-mail is prohibited. User is restricted to the transmission, or distribution, of no more than fifty (50) recipients, or addresses, per email message. This does not assume User is allowed to send such messages several times to groups smaller than the fifty (50) limit.

Unauthorized Use of Relay Servers:

Unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.

Auto Responds:

Running Maillist, Listserv or any form of auto-responds from User's account is prohibited.

Harassment:

Sending threatening or harassing e-mail after being requested to stop, is prohibited. Extremely threatening or harassing e-mail is prohibited always.

Fraudulent Content:

User agrees to be held responsible for the distribution of fraudulent materials.

News Newsgroup spamming:

Excessive cross-posting, or posting the same article to several newsgroups, is prohibited. Generally accepted standards allow no more than 15 newsgroups, or cross-postings, for a single article or substantially similar articles. Such articles may be cancelled.

Off-topic or Inappropriate Postings:

There is no restriction on content, except as defined by each newsgroup. Continued posting of off-topic articles is prohibited. Please note that commercial advertisements are off-topic in the vast majority of newsgroups. WBIA does not censor the content of any newsgroups. We believe such choices should be left to the individual. We do advise our users that tools, such as Cyber Patrol, are available to screen an account's access to newsgroups one considers offensive. It is the account owner's responsibility to make use of such tools if desired.

Internet Relay Chat (IRC):

The use of IRC bots is prohibited, as is the violation of any accepted policies on IRC servers. If WBIA is banned from a server, the offending account will be terminated.

Impersonation / Fraudulent Addressing:

Attempting to impersonate any person, using forged headers or other identifying information, is prohibited. The use of anonymous re-emailers and nicknames does not constitute impersonation. Purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the WBIA service.

General

Financial:

Sharing Unlimited accounts with anyone other than immediate family member, or re-selling service without express written consent from WBIA, or offering any public information service, such as running a web server or FTP server, with unlimited accounts is prohibited. Attempting to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of pingbots, programs and other methods of avoiding timing disconnection is prohibited. Untimely payment of any and all amounts due may result in account cancellation.

Privacy:

It may be necessary for WBIA employees to examine system accounting logs and other records to resolve system problems. WBIA reserves the right to access an account's mailbox to resolve system problems or mail system errors.

In addition, WBIA will cooperate with the appropriate law enforcement authorities in investigating claims of illegal activity, including but not limited to illegal transfer or use of copyrighted material, postings or e-mail containing threats of violence, or other illegal activity.

WBIA makes no guarantee and assumes no liability for the security of any data on any server including "secure servers."

Our customers are reminded that no computer system should be considered safe from intrusion. E-mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted. Even then, information is only as secure as the encryption method, and not guaranteed in any fashion by WBIA.

WBIA has no obligation to monitor the Service. However, User agrees that WBIA has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. WBIA will not intentionally monitor or disclose any private E-mail message unless required by law. WBIA reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement.

Commerce on the Internet:

The Internet can be a very valuable business tool when used properly, and can reflect poorly upon a business when used improperly. You are strongly encouraged to visit the following Web pages.

http://www.cybernothing.org/faqs/net-abuse-faq.html

For more information about spamming and netiquette, see:

ftp://rtfm.mit.edu/pub/usenet/news.announce.newusers/ ftp://rtfm.mit.edu/pub/usenet/news.admin.net-abuse.misc/

Satellite Reasonable Usage Policy

The Reasonable Use Policies (RUP) are designed to ensure that all end-users experience fair and equal access to the benefits of a satellite delivered broadband Internet service. The RUPs prevent the network from being congested by a handful of heavy use end-users.

Residential end-users that maintain an average daily usage of up to approximately 17 megabytes per day should not notice any throughput limitation. However, end-users that continually download large files, such as complete operating systems (i.e. Linux), will experience bandwidth throttling.

The RUPs operate using the end-user’s last 30 days of downloaded megabytes. This is calculated every hour and adjusted accordingly. The RUP software calculates the sum total of all of the megabytes that an end-user downloads in the last 30 days.

For the Residential RUP, if the total number of megabytes downloaded in the last 30 days is over 500, then that end-user’s throughput is reduced so that the maximum bandwidth that they can reach is 300 kbps. If the total exceeds 1,000 megabytes, then the maximum bandwidth that they can reach is 200 kbps. If the total exceeds 1,500 megabytes, then their maximum bandwidth will be reduced to 100 kbps and if they exceed 2,500 megabytes of downloads, their maximum bandwidth will be reduced to no more then 64 kbps.

If the reduction in bandwidth is due to one large file download and the end-user averages no more then 17 megabytes per day normally, then the end-user’s bandwidth will increase once the date of the large file download reaches beyond 30 days in age.

If the end-user periodically downloads large files, then their maximum bandwidth may fluctuate as the large downloads occur and as the dates of these downloads reach beyond 30 days in age.

Business downloads are included in the chart and are also based on 30 days.