LICKITY-SPLIT Broadband High-Speed Internet

Service Subscriber Agreement

THESE TERMS AND CONDITIONS STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF LICKITY-SPLIT BROADBAND'S INTERNET ACCESS SERVICE AND YOUR RELATIONSHIP WITH LICKITY-SPLIT BROADBAND. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OURS.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE AND YOU MUST TERMINATE YOUR SERVICE IMMEDIATELY.

This LICKITY-SPLIT Broadband High Speed Internet Service Subscriber Agreement (the "Agreement") are entered into by and between the subscriber ("you", "your" or "Subscriber") and Futura, Inc ("LICKITY-SPLIT Broadband", "us" or "we"). You are deemed to have accepted this Agreement upon the earlier of: (a) your submission of an online order; (b) your accepting the terms of service electronically during registration or in the course of installing LICKITY-SPLIT Broadband software or the Equipment; (c) your use of the Service; or (d) your retention of LICKITY-SPLIT Broadband software or Equipment we provide beyond 30 days following delivery. This Agreement is made up of the terms below, plus the Acceptable Use Policy, Privacy Policy, all Attachments to this Agreement, and the other policies and materials specifically referred to in these Terms of Service, all of which are incorporated herein by reference. The Agreement sets forth the terms and conditions under which you agree to use the Service , and under which LICKITY-SPLIT Broadband agrees to provide the Service to you.

LICKITY-SPLIT Broadband will provide LICKITY-SPLIT Broadband High-Speed Internet Service (the "Service") to Subscriber on the terms and conditions set forth below. LICKITY-SPLIT Broadband may use third party providers for certain aspects of the Service (the"Underlying Providers" ). By using the Service, you agree to be bound by the terms and conditions of this Agreement

1. EQUIPMENT

LICKITY-SPLIT Broadband Equipment:

Any wireless router, wireless customer premise equipment (CPE), antennas, masts, mounts, etc., provided by and/or installed by LICKITY-SPLIT Broadband, including passive and active devices, (the "LICKITY-SPLIT Broadband Equipment”) shall at all times remain the property of LICKITY-SPLIT Broadband or its designee. LICKITY-SPLIT Broadband may, at its option, provide Customer with new or reconditioned LICKITY-SPLIT Broadband Equipment. Customer may not sell, transfer, lease, encumber or assign all or any part of the LICKITY-SPLIT Broadband Equipment.

Maintenance of LICKITY-SPLIT Broadband Equipment:

LICKITY-SPLIT Broadband may during the time of this Agreement, but is not obligated to, repair and maintain LICKITY-SPLIT Broadband Equipment. Customer agrees that LICKITY-SPLIT Broadband Equipment shall not be serviced by anyone other than LICKITY-SPLIT Broadband employees or agents and that Customer shall not relocate, tamper with or modify any LICKITY-SPLIT Broadband Equipment or the Service installation.

Access to Customer's Premises:

Customer grants to Company the right, at reasonable times and upon reasonable notice, to enter upon the Premises for purposes of connecting, disconnecting, inspecting, repairing, replacing in whole or in part, updating and/or removing any LICKITY-SPLIT Broadband Equipment and the Service. LICKITY-SPLIT Broadband shall have the option of removing any or all of the LICKITY-SPLIT Broadband Equipment during or after its relationship with the Customer, but LICKITY-SPLIT Broadband shall not have the obligation to do so. Customer acknowledges and agrees that LICKITY-SPLIT Broadband will not be obligated to remove the LICKITY-SPLIT Broadband Equipment or any wiring attached to or installed at Customer's property. Customer warrants that (s)he is the owner or a tenant of the Service address and that (s)he is authorized to grant access to the Premises. Subscriber agrees to indemnify and hold LICKITY-SPLIT Broadband harmless from any claim resulting from a breach of this warranty.

Customer Equipment and Software:

Customer understands and agrees that use of the Service requires certain equipment provided by the Customer such as a personal computer and an appropriate operating system ("Customer Equipment"). Customer represents that (s)he owns the Customer Equipment or otherwise has the right to use it in connection with the Service. Customer agrees to connect only LICKITY-SPLIT Broadband approved equipment (or equipment approved by its Underlying Providers) to the Service.

Customer shall have sole responsibility for protecting all Customer Equipment and software from loss or damage including, but not limited to, power surges, viruses, hackers, lightning, fire, flood and acts of God.

The installation, use, inspection, maintenance, repair and removal of the LICKITY-SPLIT Broadband Equipment may result in Service outages or potential damage to Customer Equipment. If Customer does not back-up all existing computer files by copying them to another storage medium prior to such activities, Customer understands and accepts the associated risks of such a decision.

Except for gross negligence or willful misconduct neither LICKITY-SPLIT Broadband nor its Underlying Providers shall have any liability whatsoever for any damage, loss or destruction to Customer Equipment, peripherals, software or data. In the event of gross negligence or willful misconduct by LICKITY-SPLIT Broadband, LICKITY-SPLIT Broadband shall pay for the repair or replacement of the damaged Customer Equipment up to a maximum of One Thousand Five Hundred ($1,500.00) Dollars which shall constitute Customer's sole remedy relating to such activity. NEITHER LICKITY-SPLIT BROADBAND NOR ITS UNDERLYING PROVIDERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, COMPUTER PERIPHERALS, FILES OR DATA.

Customer acknowledges that the use of the Service may periodically require updates and/or changes to the software resident in the LICKITY-SPLIT Broadband equipment. Such updates and changes may be performed remotely or on-site by LICKITY-SPLIT Broadband and/or its Underlying Providers at their sole option. Customer hereby consents to such updates which will be performed as deemed necessary by LICKITY-SPLIT Broadband and/or its Underlying Providers with or without notice to Customer.

No Obligation to Remove External Antenna or Wiring:

In order to receive the Service, Customer's premises may require installation of an external antenna, associated wiring and a wire insertion into the interior of your premises. Such installation is at Customer's option. By accepting such installation and using the Service, Customer consents to the installation and agrees that LICKITY-SPLIT Broadband shall have no liability with respect to the removal of such installed items, or for the restoration or repair of Customer's premises.

2. INSTALLATION AND USE

Installation Process:

LICKITY-SPLIT Broadband or its agent will supply and install LICKITY-SPLIT Broadband Equipment and a connection to the Service, or LICKITY-SPLIT Broadband may at its option permit Customer to self-install such LICKITY-SPLIT Broadband provided Equipment. Customer shall follow all self-installation instructions and assumes sole responsibility with respect to self- installation. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL LICKITY-SPLIT BROADBAND OR ANY UNDERLYING PROVIDERS BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY (INCLUDING DEATH) OR DAMAGE TO PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF THE INSTALLATION OR CONNECTION OF SUCH EQUIPMENT BY CUSTOMER.

End User Licenses:

Customer agrees to comply with the terms and conditions of all end user license agreements accompanying any software or plug-ins to such software distributed in connection with the Service. All end user licenses supplied by LICKITY-SPLIT Broadband or its Underlying Providers will terminate at such time as the Service is terminated by Customer or LICKITY-SPLIT Broadband

3. LIMITED WARRANTY

EXCEPT AS OTHERWISE SET FORTH IN ANY USER LICENSE AGREEMENT REFERENCED IN SECTION 2 ABOVE, LICKITY-SPLIT BROADBAND EQUIPMENT AND THE SERVICE ARE PROVIDED BY LICKITY-SPLIT BROADBAND AND ITS UNDERLYING PROVIDERS "AS IS" WITHOUT WARRANTY OF ANY KIND. NEITHER LICKITY-SPLIT BROADBAND NOR ITS UNDERLYING PROVIDERS, WARRANTS UNINTERRUPTED OR ERROR FREE USE OR OPERATION OF THE LICKITY-SPLIT BROADBAND EQUIPMENT, CUSTOMER EQUIPMENT OR THE SERVICE. NEITHER LICKITY-SPLIT BROADBAND NOR ITS UNDERLYING PROVIDERS WARRANTS THAT ANY DATA OR FILES SENT BY OR TO CUSTOMER WILL BE TRANSMITTED IN UNCORRUPTED FORM, AT ANY MINIMUM SPEED OR WITHIN A REASONABLE PERIOD OF TIME. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE HEREBY EXCLUDED.

4. PAYMENT TERMS

Agreement to Pay:

Customer agrees to pay all applicable charges, fees and taxes ("Service Fees"). The timing of the assessment of Service Fees will be determined in the sole discretion of LICKITY-SPLIT Broadband. If LICKITY-SPLIT Broadband has agreed to charge Customer's credit card or debit card for the Service Fees Customer authorizes LICKITY-SPLIT Broadband to charge Customer's credit card and debit card for all such Service Fees. As applicable, Customer agrees to provide to LICKITY-SPLIT Broadband updated credit card and debit card information on a timely basis prior to the expiration or termination of the credit card or debit card on file with LICKITY-SPLIT Broadband or in the event that Customer's credit card limit or debit card balance is or will be insufficient to cover payment.

Late Payments, Failure to Pay:

If any payment is not timely received, or if LICKITY-SPLIT Broadband is unable to charge Customer's credit card or debit card due to invalid credit card or debit card information or due to insufficient credit or funds, an administrative charge may be assessed and the Service may be disconnected. If the Service is disconnected, Customer may be required to pay a reconnect fee in addition to all past due charges before the Service is reconnected. The administrative charge is intended to be a reasonable advance estimate of the costs resulting from Customer's late payments and non-payments as it would be difficult to determine the costs associated with any particular late payment or non-payment. Payments are expected to be paid in full when due. LICKITY-SPLIT Broadband does not extend credit to Customers and the administrative charge is not intended as interest, a credit service charge or a finance charge. No acceptance of partial payment shall constitute a waiver of LICKITY-SPLIT Broadband's right to collect the full balance owing.

Additional Charges:

The Service will allow Customer to access the Internet, online services and other commercial sites. Customer acknowledges that (s)he may incur charges for goods or services purchased online in addition to those billed by LICKITY-SPLIT Broadband and agrees that all such charges, including all applicable taxes are Customer's sole responsibility.

LICKITY-SPLIT Broadband may charge customer a $60 fee for any missed installation/upgrade appointments without 24 hours advance notice.

Credit Inquiries:

Customer authorizes LICKITY-SPLIT Broadband to make inquiries and to receive information about Customer's credit experience from others and to enter this information in Customer's file.

Billing Errors:

Unless otherwise provided by applicable law, Customer must notify LICKITY-SPLIT Broadband of any billing errors or other requests for credit within ninety (90) days of receipt of the disputed bill, and any claims not made within said ninety (90) days, shall be deemed waived.

5. COLLECTION, USE AND DISCLOSURE OF INFORMATION ON SUBSCRIBER USE

Collection of Information:

LICKITY-SPLIT Broadband collects information on Customer use of the Service as necessary to render the Service and to comply with law. LICKITY-SPLIT Broadband may collect information in accordance with applicable law concerning Customer's use of the Service.

Use of Information:

Collecting information contained in transmissions made by Customer through the Service directed at LICKITY-SPLIT Broadband, its Underlying Providers, Internet web sites, or other service providers to which access is provided as part of the Service, is necessary to provide the Service. LICKITY-SPLIT Broadband's detailed business records generally are used to help make sure customers are properly billed; to send customers pertinent information about the Service; and for accounting purposes.

Confidentiality of Information:

LICKITY-SPLIT Broadband considers the personally identifiable Customer information that is collected to be confidential. LICKITY-SPLIT Broadband will disclose to third parties personally identifiable information that LICKITY-SPLIT Broadband maintains related to customers only when pursuant to a court order or order of any regulatory body having jurisdiction over matters which are the subject of this Agreement.

6. PROHIBITED USES OF THE SERVICE

Customer shall not use the LICKITY-SPLIT Broadband Equipment or the Service, directly or indirectly, for any unlawful purpose. Use of the LICKITY-SPLIT Broadband Equipment or Service for transmission or storage of any information, data or material in violation of any U.S. Federal, state or local regulation or law is prohibited. This includes, but is not limited to, posting or disseminating content which is obscene, unlawful, defamatory, or which infringes the intellectual property of any person.

In addition, Customer agrees not to:

a. post, transmit or disseminate objectionable information, 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, federal or international law, order or regulation;

b. access any other person's computer, software, or data of any other person, without the knowledge and consent of such person;

c. upload, post, publish, transmit, reproduce, create derivative works from, or distribute in any way, information, software or other material through the Service which is protected by copyright or other proprietary right, without obtaining permission of the owner;

d. copy, distribute or sublicense any software provided by LICKITY-SPLIT Broadband or its Underlying Providers, except that Customer may make one copy of each software program for back-up purposes only;

e. service, alter, modify or tamper with the LICKITY-SPLIT Broadband Equipment or Service or permit any other person to do the same that is not authorized by LICKITY-SPLIT Broadband or its Underlying Providers;

f. restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy LICKITY-SPLIT Broadband Equipment or Service, including, without limitation, posting or transmitting any information or software which contains a virus or other harmful feature, or generating levels of traffic sufficient to impede others' ability to send or retrieve information;

g. knowingly disrupt the Service;

h. [Residential Service Plans only]: RESELL THE SERVICE OR OTHERWISE CHARGE OTHERS TO USE THE SERVICE, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, OR ON A BUNDLED OR UNBUNDLED BASIS. UNLESS YOU ARE SUBJECT TO A SERVICE PLAN THAT EXPRESSLY PERMITS OTHERWISE, THE SERVICE IS TO BE USED SOLELY IN A PRIVATE RESIDENCE; LIVING QUARTERS IN A HOTEL, HOSPITAL, DORM, SORORITY OR FRATERNITY HOUSE, OR BOARDING HOUSE; OR THE RESIDENTIAL PORTION OF A PREMISES WHICH IS USED FOR BOTH BUSINESS AND RESIDENTIAL PURPOSES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SERVICE IS FOR PERSONAL AND NON-COMMERCIAL USE ONLY AND CUSTOMER AGREES NOT TO USE THE SERVICE FOR OPERATION AS AN INTERNET SERVICE PROVIDER, A SERVER SITE FOR FTP, TELNET, RLOGIN, E-MAIL HOSTING, "WEB HOSTING" OR OTHER SIMILAR APPLICATIONS, FOR ANY BUSINESS ENTERPRISE, OR AS AN END-POINT ON A NON-LICKITY-SPLIT BROADBAND LOCAL AREA NETWORK OR WIDE AREA NETWORK; or connect the LICKITY-SPLIT Broadband Equipment to any computer outside of the Customer's Premises

LICKITY-SPLIT Broadband reserves the right to immediately terminate this Agreement and the Service if Customer engages in any of the activities listed above or if Customer uses the LICKITY-SPLIT Broadband Equipment or Services in a way which is contrary to any other LICKITY-SPLIT Broadband or its Underlying Providers' policy. Copies of such policies are available as described at www.Lickity-Split.net and at such other Web sites as may be specified by LICKITY-SPLIT Broadband or its Underlying Providers from time to time. The provisions of this Section 6 shall not in any way limit LICKITY-SPLIT Broadband's rights of termination pursuant to Section 7 of this Agreement. Customer agrees to indemnify and hold harmless LICKITY-SPLIT Broadband against all claims and expenses (including reasonable attorney fees) resulting from Customer engaging in any of the activities described in this Sections 6 and such indemnification obligation shall survive the termination of this Agreement.

The LICKITY-SPLIT Broadband Acceptable Use Policy (the "Acceptable Use Policy") can be found at www.Lickity-Split.net. The Acceptable Use Policy, which is incorporated herein by reference, applies to the Service and may, in fact, limit the use of the Service. Customer expressly understands and agrees that the Acceptable Use Policy may be updated from time to time by LICKITY-SPLIT Broadband with or without notice to the Customer, and any such revised version of the revised Acceptable Use Policy shall be posted to the foregoing Web sites. The Customer should consult the Acceptable Use Policy regularly to ensure that Customer's activities conform to the most recent version of that policy. LICKITY-SPLIT Broadband may terminate Customer's Service immediately for violation of such policies.

7. TERMINATION

This Agreement and Service provided hereunder may be terminated:

by LICKITY-SPLIT Broadband:

a. at any time without prior notice if the Customer fails to comply in full with any term of this Agreement; or

b. for any other reason upon fifteen (15) days notice to Customer.

c. by Customer at any time upon fifteen (15) days notice to LICKITY-SPLIT Broadband.

Customer Obligations Upon Termination:

a. Customer agrees that upon termination of this Agreement:

b. Customer will return all LICKITY-SPLIT Broadband Equipment to LICKITY-SPLIT Broadband.

c. Customer will return or destroy (at LICKITY-SPLIT Broadband's direction) all copies of any software provided to Customer pursuant to this Agreement.

d. Customer shall pay to LICKITY-SPLIT Broadband the full manufacturer's suggested retail price for the replacement of any LICKITY-SPLIT Broadband Equipment or any software which is not returned, is only partially returned, or is returned damaged (ordinary wear and tear excluded) at the end of this Agreement, together with any incidental costs incurred by LICKITY-SPLIT Broadband relating to its replacement. Customer authorizes LICKITY-SPLIT Broadband to charge Customer's credit or other debit card on file with LICKITY-SPLIT Broadband (if applicable) for any such charges and to otherwise collect such amounts from Customer.

e. Customer shall pay LICKITY-SPLIT Broadband in full for Customer's use of any LICKITY-SPLIT Broadband Equipment and Service up to the latter of (1.) the end of the monthly billing period in which Service was terminated or (2.) the date on which all LICKITY-SPLIT Broadband Equipment has been disconnected and returned to LICKITY-SPLIT Broadband. In cases in which Customer elected a discounted prepayment arrangement, Customer agrees that LICKITY-SPLIT Broadband, may calculate any refund based upon the normal rate for the Service.

If Customer does not return all LICKITY-SPLIT Broadband Equipment to LICKITY-SPLIT Broadband and/or Customer's account has a balance due, LICKITY-SPLIT Broadband may refer Customer's account to a collection agency to pursue collection of such equipment and/or balance. Fees incurred by LICKITY-SPLIT Broadband as a result of LICKITY-SPLIT Broadband's and its agent's efforts to collect past due amounts from Customer may be assessed by LICKITY-SPLIT Broadband upon Customer, in addition to any other fees due under this Agreement.

Retention of Rights:

Nothing contained in this Agreement shall be construed to limit LICKITY-SPLIT Broadband's rights and remedies available at law or in equity. LICKITY-SPLIT Broadband reserves the right to delete all data, files, electronic messages, or other information that is stored on LICKITY-SPLIT Broadband's or its Underlying Provider's servers or systems when Customer's account with LICKITY-SPLIT Broadband is terminated for any reason.

Multiple Users:

Customer acknowledges that Customer is executing this Agreement on behalf of all persons who use the LICKITY-SPLIT Broadband Equipment and/or Service through Customer's computer. Customer shall have the sole responsibility for ensuring that all such other users understand and comply with the terms and conditions of this Agreement. Customer further acknowledges and agrees that Customer is solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach is the result of use of the Service and/or LICKITY-SPLIT Broadband Equipment by Customer or by any other user of Customer's computer. Customer agrees to indemnify and hold harmless LICKITY-SPLIT Broadband and its Underlying Providers against all claims and expenses (including reasonable attorney fees) arising out of use of the Service and/or Equipment by Customer or any other user of Customer's computer.

8. CONTENT

Responsibility for Content:

Customer should be aware that there may be some content on the Internet or otherwise available through the Service which may be offensive to some individuals, or which may not be in compliance with laws. Neither LICKITY-SPLIT Broadband nor its Underlying Providers assumes any responsibility for the content contained on the Internet or made available by others. Neither LICKITY-SPLIT Broadband nor its Underlying Providers shall have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content by Customer. Questions or complaints concerning content should be addressed to the content provider.

Posting of Content:

LICKITY-SPLIT Broadband assumes no obligation to monitor transmissions made on the Service. However, Customer acknowledges and agrees that LICKITY-SPLIT Broadband and its Underlying Providers shall have the right to monitor such transmissions from time to time and to disclose the same in accordance with applicable laws, regulations or governmental requests and to operate the Service properly. LICKITY-SPLIT Broadband and its Underlying Providers reserve the right to refuse to post or to remove any information or materials, in whole or in part, that in their sole discretion are unacceptable, undesirable or in violation of this Agreement.

9. SERVICE CHARACTERISTICS

Eavesdropping:

The risk of "eavesdropping" exists on the Internet as well as other services to which access is provided as part of the Service. This means that other persons may be able to access and/or monitor Customer's computer, transmissions and receptions. Because of this risk, any sensitive or confidential information sent by Customer is sent at Customer's sole risk, and neither LICKITY-SPLIT Broadband nor its Underlying Providers shall have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions by Customer.

FTP/HTTP:

Customer should be aware that when using the Service to access the Internet or any other online network or service, there are certain transfer protocols, such as FTP (File Transfer Protocol) and HTTP (Hyper Text Transfer Protocol), which may allow other Service users and Internet users to gain access to Customer's computer. If Customer chooses to run such transfer protocols, Customer should take appropriate security measures. Neither LICKITY-SPLIT Broadband nor its Underlying Providers shall have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings resulting from, arising out of or otherwise relating to the use of such transfer protocols by Customer, including without limitation, damages resulting from others accessing Customer's computer.

File and Print Sharing:

The Service functions as a Local Area Network (LAN) in that each Customer is a node on the network. As such, users outside the Customer's home may be able to access the Customer's computer. Additionally, some software may permit other users across a network such as the Service and the Internet to gain access to Customer's computer and to the software, files and data stored on the computer. For example, operating systems such as Windows 95 and Apple Macintosh include file sharing and print sharing capabilities which, when enabled, will permit other users to gain access to the Customer's computer even if the Customer is not using the Service. Unless you are subject to a Service plan that expressly provides otherwise, LICKITY-SPLIT Broadband therefore recommends that the Customer connect only a single computer to the Service and that the Customer disable file and print sharing and other capabilities that allow users to gain access to the Customer's computer. Any Customer who chooses to participate in the Service using other than a single computer or who chooses to enable capabilities such as file sharing, print sharing, or other capabilities that allow users to gain access to the Customer's computer, acknowledges and agrees that the Customer does so at the Customer's own risk, and that neither LICKITY-SPLIT Broadband nor its Underlying Providers shall have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such use by the Customer.

High Risk Activities:

The Service is not fail-safe and is not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Service could lead to severe injury to business, persons, property or environment ("High Risk Activities"). Such High Risk Activities may include, without limitation, vital business or personal communications, or activities where absolutely accurate data or information is required. Subscriber expressly assumes the risks of any damages resulting from High Risk Activities.

Facilities Allocation:

LICKITY-SPLIT Broadband reserves the right to determine, in its discretion, and on an ongoing basis, the nature and extent of its facilities allocated to support the Service, including, but not limited to, the amount of bandwidth to be utilized in conjunction with the Service.

10. LIMITATION OF LIABILITY

Unless otherwise prohibited by law, neither LICKITY-SPLIT Broadband nor its Underlying Providers will have any liability to Customer or to any third party for:

any direct, indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly out of or otherwise arising in connection with, installation, modification or removal of LICKITY-SPLIT Broadband Equipment, the Customer Equipment, the use of the Service by Customer or any other user of the LICKITY-SPLIT Broadband Equipment or other Service-related equipment, including, without limitation, any damage resulting from or arising out of Customer's reliance on or use of the LICKITY-SPLIT Broadband Equipment, the Customer Equipment (and any installation instructions) or Service, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission, or any failure of performance of the LICKITY-SPLIT Broadband Equipment or Service; and any losses, claims, damages, expenses, liabilities or costs (including legal fees) resulting directly or indirectly out of, or otherwise arising in connection with any allegation, claim, suit or other proceeding based upon a contention that the installation or use of the LICKITY-SPLIT Broadband Equipment, Customer Equipment or Service by Customer or a third party infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property rights or contractual rights of any third party, or based upon a contention that opening Customer Equipment in order to install any Ethernet card required to use the Service invalidates any warranty governing the Customer Equipment.

The limitations set forth in this Section 10 apply to the acts, omissions, and negligence of LICKITY-SPLIT Broadband and its Underlying Providers (and their respective officers, employees, agents, contractors or representatives) which, but for this provision, would give rise to a cause of action in contract, tort or any other legal doctrine.

Customer's sole and exclusive remedies under this Agreement are as expressly set out in this Agreement. Some states do not allow the limitations or exclusion of incidental or consequential damages, so such limitations or exclusions may not apply.

11. PRICING AND PAYMENT.

Prices and Fees.

LICKITY-SPLIT Broadband charges for the Internet Service(s) are supplied to you during the ordering process unless otherwise provided for in this Agreement. You agree to pay the charges applicable to your selected Service plan, as well as any, applicable taxes and other charges including but not limited to activation fees, installation fees (standard or non-standard), termination fees, equipment charges, other nonrecurring charges, set-up fees. You also agree to pay any additional charges or fees applied to your billing account for any reason, including but not limited to, interest, and charges due to insufficient credit or insufficient funds. Set up fees, activation fees, installation fees, other non-recurring fees, and equipment charges, if applicable, will be included in your first month's bill. Monthly recurring charges will be billed one month in advance. LICKITY-SPLIT Broadband will bill your credit or debit card as you request and as approved by LICKITY-SPLIT Broadband.

Discontinuation of Service for Nonpayment:

Service to you may be denied or discontinued without notice at any time in the event your debit or credit card provider denies or discontinues providing credit or access to funds to you for any reason, you fail to provide us with a new credit card expiration date before the existing one expires, or you violate any agreement with LICKITY-SPLIT Broadband (including, without limitation, the Acceptable Use Policy).

12. TERM AND TERMINATION

Effective Date and Term:

This Agreement goes into effect upon your acceptance of this Agreement as set forth in Paragraph 1 and shall continue, subject to the terms of this Section 12, for terms decided upon entering the Agreement: 90 day, 1 year, or 2 year contracts. Upon completion of the terms the Agreement automatically renews for successive one month terms until terminated by either party with thirty-days notice. Billing for your Internet Service will automatically begin on the date provisioning of your Internet Service is complete and ready for use ("Service Ready Date"). If customers terminates the Agreement prior to fulfilling its terms the customer is responsible for the remaining fees associated with the Service or a one time fee of $200, whichever is determined to be less.

Service Contracts-Termination Return of Equipment:

If you terminate this Agreement you will be required to return the Equipment to LICKITY-SPLIT Broadband within 15 days; failure to do so will result in an additional equipment charge.

Termination and/or Suspension by LICKITY-SPLIT Broadband:

If, in the sole discretion of LICKITY-SPLIT Broadband: (i) you are in breach of any of the terms of this Agreement (including but not limited to) all policies regarding abuse and acceptable use of the Service); (ii) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, LICKITY-SPLIT Broadband's network, or the use and enjoyment of other users; or (iii) LICKITY-SPLIT Broadband receives an order from a court to terminate your Service; or (iv) if LICKITY-SPLIT Broadband for any reason ceases to offer the Service, then LICKITY-SPLIT Broadband at its sole election may terminate or suspend your Service immediately without notice. For termination in accordance with this Section 12.c, you shall be liable for the applicable fees and/or Equipment charges set forth in Sections 12.a, or 12.b (depending on which fees or charges are applicable).

13. MISCELLANEOUS

Contact Address:

For any inquiries or notices required in connection with this Agreement, Customer may contact LICKITY-SPLIT Broadband via e-mail at support@Lickity-Split.net (or such other e-mail address as LICKITY-SPLIT Broadband may designate) or in writing to LICKITY-SPLIT Broadband, P.O. Box 5373, Jacksonville, AR 72078-5373 (or the applicable successor address).

Entire Agreement/Amendment:

This Agreement, the Customer Work Order and any software end user license agreement provided in connection with the Service constitutes the entire Agreement between Customer and LICKITY-SPLIT Broadband. No undertaking, representation or warranty made by an agent or employee of LICKITY-SPLIT Broadband or its Underlying Providers in connection with the installation, maintenance or provision of the Service which is inconsistent with the terms of this Agreement shall be binding on LICKITY-SPLIT Broadband. This Agreement may be amended by LICKITY-SPLIT Broadband on thirty (30) days' prior notice to Customer, and such amendment may be posted to the LICKITY-SPLIT Broadband High-Speed Internet service home page at www.Lickity-Split.net (or the applicable successor URL) or otherwise provided to Customer in hardcopy or electronic form, as determined by LICKITY-SPLIT Broadband in its sole discretion. Customer's election to continue receiving the Service thereafter shall be deemed to constitute Customer's acceptance of such amendment. Notwithstanding anything to the contrary in this Section, the terms and conditions of the Acceptable Use Policy, as the same may be revised from time to time by LICKITY-SPLIT Broadband and/or its Underlying Providers, apply to the Service and may, in fact, limit the use of the Service.

Assignment:

LICKITY-SPLIT Broadband may freely assign its rights and obligations under this Agreement, including, without limitation, to any parent, subsidiary or other affiliated company of LICKITY-SPLIT Broadband.

General:

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. LICKITY-SPLIT Broadband's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provisions of this Agreement. This Agreement may not be assigned or transferred by Customer. This Agreement shall be exclusively governed by, and construed in accordance with, applicable federal law and the laws of Customer's state of residence where the Service is provided.

14. NOTICE

LICKITY-SPLIT Broadband may deliver notice to Customer by means of electronic mail sent to Customer's e-mail address on file with LICKITY-SPLIT Broadband and/or by written communication delivered by United States or overnight mail to Customer's address in LICKITY-SPLIT Broadband's records.