Satellite Internet Service

Skyway USA®

Skyway USA Terms and Conditions

Subscriber Agreement

Skyway USA Terms and Conditions

General Terms:

Skyway USA service is available in the continental U.S. with an unobstructed view of the southern sky, is not available in Alaska & Hawaii, and its usage is subject to the Reasonable Use Policy. Actual speeds vary based on the amount of traffic on the Internet, content on a particular Web site, or by the overall performance and configuration of your computer. Stated speeds and uninterrupted use of service are not guaranteed. Professional Installation is suggested but not required. Monthly service fees apply. Taxes not included. Skyway USA broadband Internet and Skyway USA hardware, and installation are sold separately.

Service Commitment:

All Skyway USA Plans require a 12-month Minimum Service commitment. If you terminate service prior to the expiration of the 12-month commitment, you will owe and your credit card will be charged Termination Fees as described below.

Termination:

If you cancel your order before you receive your equipment, if you self-install or prior to installation, if you are professionally installed, you will not be charged.

When you receive your equipment, you must read the information in the packet on the front of the box marked “STOP”. The packet will inform you “DO NOT BREAK THE SEAL AND OPEN THE BOX PRIOR TO READING THE ENCLOSED INFORMATION”. The information enclosed will ask you to recheck to make sure that you have a local phone number for the connectivity path, and that you have a clean line of site for the installation of your dish, prior to opening the box.

If you break the seal on the box, and decide that you want to return the equipment, you will be charged $150 restocking fee and $50 service termination fee.

If you elect to self install the equipment, SkyWay USA’s Tech Support department will help you with the installation process. The majority of our customers have been able to get the system up and running, but if you attempt to install the equipment and cannot locate the satellite with our technical support, you will need to have a professional satellite installer come out and locate the satellite for you. SkyWay USA has numerous installers nationwide that it contracts with for the installation fulfillment process and will make every attempt to secure an installer to finish the installation process. However, in some remote areas where we do not have an installer under contract, it would be your responsibility to locate a satellite dealer or installer in your area.

If you terminate the agreement prior to the completion of the term of the agreement (12 months), you are obligated to immediately pay the balance of the remainder of the agreement and you will not be eligible to receive any refunds.

If you are professionally installed and you cancel your service, you are obligated to immediately pay the balance of the remainder of your contract, regardless of use, and you will not be eligible to receive any refunds.

Online Ordering:

BY ORDERING ONLINE, YOU THEREBY AGREE AND ACCEPT THAT SKYWAY USA IS AUTHORIZED TO USE YOUR CREDIT CARD FOR THE PURPOSE OF:

(1) CHARGING YOU FOR THE UP-FRONT FEES REQUIRED TO RECEIVE SKYWAY USA SERVICE, INCLUDING PAYMENT FOR ACTIVATION FEES, HARDWARE AND INSTALLATION;

(2) CREATING A SKYWAY USA CUSTOMER ACCOUNT;

(3) CHARGING YOU FOR YOUR MONTHLY SERVICE FEES AND ANY HARDWARE OR INSTALLATION FEES THAT MAY APPLY.

Home Networking:

Home networking equipment is not included with your Skyway USA System. For network setup, support and configuration, contact your network hardware manufacturer and/or operating system software developer (Skyway USA is not responsible for home network configuration or management).

Please note that all computers on a home network will be sharing a single connection. Simultaneous use of high bandwidth applications by multiple users may result in degradation of download and surfing speeds, and are subject to the Reasonable Use Policy.

Skyway USA Service:

ACTIVATION OF SKYWAY USA SERVICE MAY BE SUBJECT TO CREDIT APPROVAL AND REQUIRES VALID SERVICE ADDRESS, SOCIAL SECURITY NUMBER, AND/OR MAJOR CREDIT CARD. DEPOSIT OR PREPAYMENT MAY BE REQUIRED. Offer may not be valid in all areas. Programming, pricing, terms and conditions are subject to change. Hardware and programming sold separately. Pricing is residential. Taxes are not included. Skyway USA services not provided outside the U.S. Receipt of Skyway USA programming is subject to the terms of the Skyway USA Customer Agreement; a copy is provided at SkywayUSA.net and in your first bill.

SkywayUSA.net and Skyway USA-maintained Websites:

Skyway USA speed claims are based on download speeds of up to 200Kbps. Actual speeds vary based on the amount of traffic on the Internet, content on a particular Web site, or by the overall performance and configuration of your computer. Stated speeds not guaranteed. Dial-up service comparison based on standard dial-up connection at 28.8Kbps.

Skyway USA's Privacy Policy - An Overview

Skyway USA is strongly committed to protecting the privacy of consumers of its products and its services.

Disclosure

We do not use or disclose information about your individual visits to Skyway USA or information that you may give us, such as your name, address, email address or telephone number, to any outside companies. But as we mention above, we may share with our Website partners aggregated statistical "ratings" information about the use of Skyway USA services.

The purpose of this Skyway USA privacy policy is to inform you, as a welcome visitor to this site, what kinds of information we may gather about you when you visit the Skyway USA Website, how we may use that information, whether we disclose it to anyone, and the choices you have regarding our use of, and your ability to correct, the information. Finally, please note that this policy applies only to Skyway USA brand, and not to other companies' or organizations' Websites to which we link. We have clearly marked Skyway USA and these branded Websites with our logo so you know where this policy applies.

Information About All Skyway USA Visitors

In general, our service automatically gathers certain usage information like the numbers and frequency of visitors to Skyway USA and its areas, very much like television ratings that tell the networks how many people tuned in to a program. We only use such data in the aggregate. This collective data helps us determine how much our customers use parts of the site, so we can improve our site to assure that it is as appealing as we can make it for as many of you as possible. For example, Skyway USA uses a technology nicknamed "cookies" that tells us how and when pages in our site are visited, and by how many people. Skyway USA cookies do not collect personally identifiable information and we do not combine information collected through cookies with other personally identifiable information to tell us who you are or even what your screen name or email address is. We also may provide statistical "ratings" information, never information about you personally, to our Skyway USA partners about how our subscribers, collectively, use Skyway USA. We do this so they too can understand how much people use their areas and our site in order for them to provide you with the best possible Web experience as well.

Information About You

Sometimes, we may specifically ask for information about you when you sign up to use the service. We will need certain information - such as name, Internet address or username, billing address, type of computer, credit card number - in order to provide that service or product to you. We may also use that information to let you know of additional products and services about which you might be interested. You hereby agree that we, or our partners, may send you this information. You can choose not to receive such information if you don't want to by letting us know on the registration screen when you sign up for the product or service. We may ask you for information about your interests so that both you and we can take advantage of the interactivity of the online medium, but you may always choose to respond or not.

Skyway USA Privacy Policy Changes

If we decide to change our privacy policy for Skyway USA, we will post those changes on SkywayUSA.com, so that you will always know what information we gather, how we might use that information, and whether we will disclose it to anyone.

Subscriber Agreement

Thank you for choosing Skyway USA!

Please read this Subscriber Agreement carefully since it contains important contract rights and obligations between you and Skyway USA, as well as important limitations on those rights.

SUBSCRIBER AGREEMENT ORGANIZATION

This Subscriber Agreement is organized into five "Parts":

Part I -- The Service, Subscriber ship and This Subscriber Agreement;

Part II -- Payment;

Part III - Permitted Use and Restrictions on Use;

Part IV -- Grant of Important Rights by You to Us, and Important Disclaimers, Acknowledgments and Obligations

Part V - General (Note: Although located at the end of this Subscriber Agreement, these terms are important.).

PART I THE SERVICE, SUBSCRIBER SHIP AND THIS SUBSCRIBER AGREEMENT

1. THE SERVICE

The Service consists of a satellite-based, one-way simplex Internet access Service in which Skyway USA carries packets from the Internet to your computer via satellite and your telephone line returns the requests to the Internet from your Personal Computer.

2. MODIFICATIONS; RIGHTS OF CANCELLATION OR SUSPENSION

2.1 MODIFICATION OF THIS SUBSCRIBER AGREEMENT; NOTICES.

Upon notice published over the Service, we may at any time modify this Subscriber Agreement, including, without limitation, pricing and billing terms. We may, but are not required to, notify you by email, online via one of more of the web sites within the Skyway USA Service, including SkywayUSA.net and SkywayUSA.com, or other electronic notice. In the event you do not agree to such changes or additions, then you must cancel your subscription and stop using the Skyway USA Service prior to the effective date of such modifications. Your continued use of the Skyway USA Service after the effective date of such modifications constitutes your full acceptance of such modifications.

2.2 MODIFICATION OF THE SERVICE.

We may discontinue, add to or revise any or all aspects of the Service in our 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, we specifically reserve the right at our 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. We may, among other things, (a) take any action that we deem proper to prevent bulk emailing from entering or leaving any email account and the network email system, (b) delete email messages if you email account has not been accessed by you within a time established by us from time to time, in our sole discretion, (c) not process email or instant messages due to space limitations, (d) subject to our Statement on Privacy, make available to third parties information relating to Skyway USA or its subscribers, (e) withdraw, change, suspend or discontinue any functionality or feature of the Skyway USA Service, (f) delete attachments due to potentially harmful materials included within such attachment, and (g) limit access to the Service to prevent abusive consumption and ensure fair access for all subscribers. In the event that we determine to undertake any such change, we may, but are not required to, notify you by email, online via one of more of the web sites within the Skyway USA Service, including SkywayUSA.net, or other electronic notice. In the event you do not agree to such changes, then you must cancel your subscription and stop using the Skyway USA Service prior to the effective date of such changes. Your continued use of the Skyway USA Service after the effective date of such changes or additions constitutes your acceptance of such changes.

In addition, please note that we may automatically check the version of Skyway USA System you are running and we may provide upgrades to the System that will be automatically downloaded to your system. In addition, we may, but are not required to, check the health and status of your System to ensure that the configuration of your computer is optimized for use with Skyway USA.

2.3 TERMINATION BY SUBSCRIBER.

In the event that we modify this Subscriber Agreement, the Service or related pricing or billing terms, you may immediately terminate your account and this Subscriber Agreement. Subject to your payment of the cancellation charges herein described, if any, you may also do so at any other time and for any reason or for no reason upon thirty (30) days written notice to us. You must terminate this Agreement in accordance with the terms and conditions specified herein; failure to do so may delay or prevent us from knowing that a termination was intended. In such event you will continue to be liable under this Agreement for all fees and charges until such time as the Agreement has been properly terminated or we have acknowledged such termination in writing. In the event you cancel your subscription to the Skyway USA Service prior to the expiration of the minimum commitment period specified for your applicable service plan, you may be subject to a cancellation fee of up to $1,100.

2.4 TERMINATION OR SUSPENSION BY Skyway USA.

We may immediately terminate your account and this Subscriber Agreement in the event of any breach of this Subscriber Agreement by you or a user of your account. We reserve the right in our sole discretion to terminate your 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. In the event that we either terminate or suspend your account and or this Agreement for reasons other than breach of this Agreement or your failure to pay monthly, then we shall provide you 30 days notice of such suspension or termination.

2.5 CONTINUATION OF OBLIGATIONS.

Notwithstanding any cancellation or termination of this Subscriber Agreement or any your account, nor any suspension or termination of access to or use of the Service, you 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). Your 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, of any law or legal obligation by your or any user of your account, or by a force majeure, defined as a situation that you or we can not control, such as a war, weather, loss of a satellite, loss of telephone service (other than your loss of telephone service due to non-payment or cancellation), sun spots, or a business situation which we can not control.

2.6 SUBSCRIBER UPGRADE OF SERVICE.

You may up grade your service at any time. There is no charge to upgrade your service. Your hereby authorize us to charge your credit card immediately upon your upgrade without regard to proration of your current month’s fees and you agree that your contract with us will be extended by one (1) year from the date of your upgrade.

2.7 SUBSCRIBER DOWNGRADE OF SERVICE.

You may downgrade your service for an administrative charge of $25.00, without regard to proration of your current month’s fees and you agree that your contract with us will be extended by one (1) year from the date of your upgrade.

3. WHO MAY USE THE SERVICE? - RESPONSIBILITY AND SUPERVISION

3.1 AGE AND ACCOUNT SETUP.

You represent that you are at least 18 years of age and have the right and ability to enter into this Subscriber Agreement. You agree that you are 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 your household may share a single ID number and account, if authorized by you to use the account. In addition, up to five (5) members of the same household may access the service at any given time through the same ID number or account.

3.3. SUBSCRIBER RESPONSIBILITY.

You shall be responsible for all access to and use of the Service through your 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. You promise to pay such amounts billed for such service, software, or merchandise and any related fees, taxes and charges. Permitted users of your account are limited to family members with your permanent residence. You acknowledge that you are aware that areas accessible on or through the Service may contain material that is unsuitable for minors (persons under 18 years of age). You agree to supervise usage of the Service by minors who use the Service through your account. You hereby ratify and confirm any obligations a minor using your account enters into or assumes and any promises or permissions such minor makes or gives.

3.4. SUBSCRIBER TO MAINTAIN A TELEPHONE CONNECTION.

You understand that you must maintain a telephone line (or other such connection as approved for you in writing by us) for the Skyway USA system to work. You also understand that any fees concerning your telephone connection are your responsibility and that you will determine whether any telephone numbers you use with the service are local, non-toll calls, or that you agree that you will pay any charges of which you are aware.

PART II PAYMENT

4. FEES AND PAYMENT

4.1 FEES, TAXES AND OTHER CHARGES.

You agree to pay, in accordance with the provisions of the billing option you selected, any registration, activation or monthly fees, connect time charges, ISP service charges, minimum charges and other amounts charged to or incurred by you, or by users of your account, at the rates in effect for the billing period in which those amounts are charged or incurred. You agree to pay all applicable taxes related to your use of the Service or the use of the Service by users of your account. Information on charges and surcharges (if any) that are to be paid to us and are incurred by you or by users of your account will be made available to the you on the Skyway USA web site, and you agree that this is sufficient notice for all purposes as to charges incurred and paid or to be paid to us. We reserve the right to increase fees, surcharges, monthly subscription fees or to institute new fees at any time upon 30 days prior notice. You understand and acknowledge that you may not receive a bill in the mail for your Service. 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 SkywayUSA web site.

4.2 PAYMENT

Except where additional methods of payment are specifically required or permitted under applicable law or regulation or as otherwise agreed to by ourselves from time to time, you agree that you will provide a major credit or charge card (i.e., MasterCard, Visa, American Express or Discover) that we may charge for all Service fees or other amounts payable under this Agreement. Additionally, you thereby agree that we may pre-charge your monthly Service fee to the credit or charge card supplied by you during activation or subscription. With respect to such charges the following authorization applies: You authorize automatic credit or charge card billing by us. You agree that the charges described above will be billed to the credit or charge card that you have provided when you applied for the Service.

YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION IN ORDER TO KEEP YOUR ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER OR CREDIT CARD EXPIRATION DATE). CHANGES TO SUCH INFORMATION CAN BE MADE AT SkywayUSA.net. IF YOU FAIL TO PROVIDE US WITH ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY SERVICE PROVIDED UNDER YOUR ACCOUNT.

You agree that all charges are considered valid unless disputed in writing within fifteen (15) days of the date you receive your credit or charge card bill.

You agree that we will not be responsible for any expenses that you may incur resulting from overdrawing your bank account or exceeding your credit limit as a result of an automatic charge made under this Subscriber Agreement. Credit card payment is not required for residents of states where payment by credit cards may not be made mandatory.

If you think a charge is incorrect or you need more information, you should contact our billing department. You must contact us within 60 days of receiving the statement on which the error or problem appeared. We will make available to you a statement for each billing cycle showing payments, credit purchases and other charges, upon your request.

Payment of the outstanding balance is due in full each month by credit card. We will charge your credit card, 10 days before your billing date. Your billing date is the same day (5^th or 12^th of the month for example) your service started. If your credit card can not be charged or if some other payment is not received by us 10 days before your billing date, we have the right to suspend or cancel your subscription to the Service without notice.

In addition, you may be charged interest on any delinquent balance at the rate of one and one-half percent (1.5%) per month, prorated on a daily basis.

We may, but are not required to, accept partial payments from you. If partial payments are made, they will be applied to amounts starting with the oldest outstanding amount.

If you send us checks or money orders marked "payment in full" or otherwise labeled with restrictive endorsements, we can, but are not required to, accept them, without losing any of our rights to collect all amounts owed by you under this Agreement.

In the case of late payment or non-payment for any of the Skyway USA Services ordered by you or any of the charges stated herein, you understand and agree that we may report such late payment or non-payment to the appropriate credit reporting agencies.

If we choose to use any collection agency or attorney to collect money that you owe us or to assert any other right which we may have against you, you agree 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.

4.3 COMMENCEMENT AND DURATION OF SUBSCRIBER SHIP FEES.

You acknowledge that (subject to any exceptions granted by us) a monthly Subscriber ship fee will apply for each and every month (or portion thereof) that you are a Subscriber. Your account will continue until you cancel the account in accordance with the method or methods specified by us (unless otherwise terminated in accordance with this Subscriber Agreement). As stated above, you may cancel your account at any time, subject to payment of the cancellation fee, if applicable. The monthly subscription fee shall cease to apply for any months after the billing month in which you cancel or terminate your account in accordance with the terms and conditions stated herein.

4.4 REACTIVATION

If your service is inactivated because you did not submit payment on time or for any other reason, in addition to payment of past due amounts, we may require a deposit before reactivating your Skyway USA Service, which shall not exceed one (1) year subscription fees. Amounts deposited by you will appear on your 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 your Skyway USA service is inactivated for any reason, including at your request or because of your failure to pay past due amounts, and you want to reactivate the service, you agree to pay a reactivation fee in accordance with our then current rates. In addition, you first must bring your account up to date by making payment in full of any outstanding balance, fees and charges.

4.5 ANCILLARY EQUIPMENT, SERVICES.

It is your responsibility, at your own expense, to obtain, maintain, and operate suitable and fully compatible computers, and communication devices required to access the Service, including a working telephone connection.

You are responsible for all telephone charges incurred in connection with using the Service. You agree to check on any telephone connection numbers provided by us are local numbers which do not carry long distance charges or you accept such charges. You agree that Skyway USA is not responsible for any charges for telephone service of any kind.

YOU ACKNOWLEDGE THAT CERTAIN SUBSCRIBER EQUIPMENT, INCLUDING COMPUTERS, MAY HAVE BEEN ACQUIRED BY YOU SEPARATE AND APART FROM THIS SUBSCRIBER AGREEMENT. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING SUCH SUBSCRIBER EQUIPMENT. WE MAKE NO REPRESENTATION OR WARRANTIES PURSUANT TO THIS SUBSCRIBER AGREEMENT, EITHER EXPRESS OR IMPLIED, REGARDING SUCH SUBSCRIBER EQUIPMENT -- ALTHOUGH YOU MAY HAVE LIMITED WARRANTIES UNDER A SEPARATE PURCHASE AGREEMENT.

PART III PERMITTED USE AND RESTRICTIONS ON USE

5. SOFTWARE LICENSE

Subject to the terms of this Subscriber Agreement, we grant to you a personal, non-exclusive, non-assignable and nontransferable license to use and display the software provided by or on behalf of ourselves only for purposes of accessing the Service ("Software") on any machine(s) on which you are the primary user or which you authorize 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. You may not sublicense, assign or transfer this license or the Software except as permitted by ourselves. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this license is void. You agree that you shall not copy or duplicate or permit anyone else to copy or duplicate, any part of the Software, 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. SPECIFIC RESTRICTIONS ON USE OF THE SERVICE

6.1 PROHIBITED CONDUCT.

You agree not to use the Service as follows: (a) for any unlawful, improper or criminal purpose or activity; (b) to post or transmit information or communications that, whether explicitly stated, implied, or suggested through use of symbols, are obscene, indecent, pornographic, sadistic, cruel, or racist in content, or of a sexually explicit or graphic nature; or which espouses, promotes or incites bigotry, hatred or racism; or which might be legally actionable for any reason; (c) to attempt to access or access the accounts of others, to spoof or attempt to spoof the URL or DNS address, or to attempt to penetrate or penetrate our security measures or other entities' systems ("hacking") whether or not the intrusion results in corruption or loss of data; (d) to bombard individuals or newsgroups with uninvited communications, data or information, or other similar activities, including but not limited to "spamming", "flaming" or denial or distributed denial of service attacks; (e) to transmit unsolicited voluminous emails (for example, spamming) or to intercept, interfere with or redirect email intended for third parties using the Service; (f) to introduce viruses, worms, harmful code and/or Trojan horses on the Internet; (g) to post information on newsgroups which is not in the topic area of the newsgroup; (h) to interfere with another person's usage or enjoyment of the Internet or this Service; (i) to post or transmit information or communications that are defamatory, fraudulent, obscene or deceptive, including but not limited to scams such as "make-money-fast" schemes or "pyramid/chain" letters; (j) to damage the name or reputation of Skyway USA, o any of its respective parents, affiliates and subsidiaries, or any third parties; (k) to transmit confidential or proprietary information, except solely at your own risk; (l) to violate our or any third party's copyright, trademark, proprietary or other intellectual property rights, including trade secret rights; (m) to generate excessive amounts (as determined in our sole discretion) of Internet traffic, or to disrupt net user groups or email use by others; (n) to engage in activities designed to or having the effect of degrading or denying Service to Skyway USA users or others (including activities that compromise a server, router, circuit or software; (o) to use any name or mark of Skyway USA, or its respective affiliates or subsidiaries, as a hypertext link to any Web site or in any advertising publicity or other commercial manner; (p) to use your Skyway USA account for the purpose of operating a server of any type; (q) to use the Service or the Internet in a manner intended to threaten, harass, or intimidate others; (r) to cause the screen to "scroll" faster than other subscribers or users are able to type to it, or any action that has a similar disruptive effect, on or through the Service; (s) to use the Service to disrupt the normal flow of online dialogue, (t) to use the Service to violate any operating rule, policy or guideline of any other online services provider or interactive service; (u) to attempt to subvert or to aid third parties to subvert, the security of any computer facility or system connected to the Internet; (v) to impersonate any person or using a false name while using the Service; (w) to install "auto-responders," "cancel-bots" or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net user groups or email use by others; (x) to make false or unverified complaints against any Skyway USA subscriber, or otherwise abusing any of our complaint response procedures; (y) to export software or any information in violation of US export laws; or (z) to use the Service in contravention of the limitations of the pricing plan you have chosen.

6.2 Skyway USA - REASONABLE USE POLICY

To ensure equal Internet access for all subscribers, we maintain a running average reasonably use policy (RUP). Reasonable use establishes an equitable balance in Internet access across the Skyway USA Services by service plan for all Skyway USA customers regardless of their frequency of use or volume of traffic. To ensure this equity, you may experience some temporary throughput limitations. Skyway USA Internet 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. You agree that you have thoroughly reviewed SkywayUSA’s RUP provisions on its website.

6.3 ILLEGAL OR COMPETITIVE PURPOSES.

You agree not to use the Service nor any of its elements or related facilities or capabilities to conduct any business or activity, or solicit the performance of any activity, which is prohibited by or would violate any applicable law, rule, regulation or legal obligation.

6.4 COMPLIANCE WITH LAWS.

You agree to comply with all applicable laws, rules and regulations in connection with the Service, your use of the Service and this Subscriber Agreement.

PART IV GRANT OF IMPORTANT RIGHTS BY YOU TO US, AND IMPORTANT DISCLAIMERS, ACKNOWLEDGMENTS AND OBLIGATIONS

7. COPYRIGHT AND LICENSES

7.1 RESERVATION OF RIGHTS.

We reserve all copyrights and other rights in and to any content available through the Service which is identified as, claimed by us as, or known by you to be, proprietary to us (or our licensors) including these Terms and Conditions. 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 you, or by any user of your account, of any such content or other works is prohibited, except as expressly permitted by ourselves.

8. NO ENDORSEMENT

We do 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 Skyway USA or any of the subsidiaries or affiliates. We do not recommend that such content be relied on for reaching important decisions or conclusions without appropriate verification and, as appropriate, professional advice.

9. INTERNET

YOU ACKNOWLEDGE THAT INTERNET SITES, 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. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY SUCH CONTENT OR MATERIAL AND AGREES THAT ACCESS TO SAME THROUGH USE OF THE SERVICE IS AT YOUR SOLE RISK.

The reliability, availability, legality, performance and other aspects of resources accessed through the Internet are beyond our reasonable control and are not in any way warranted or supported by ourselves or our third party contractors. You acknowledge 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. You hereby confirm that you assume all risk and liability of any use of the Internet through your account, including your continuous compliance with the Subscriber Agreement.

10. USE AND CONTROL OF INFORMATION; MEMBER COMMUNICATION; ADS

We 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 our use of any other information not addressed in this Section

We will be free, in our reasonable good faith and in our 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 our administration of the Service shall be and remain our exclusive property.

We may also from time to time provide online, fax, telephone, email, mail and other communications to our 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. You acknowledge that communications with us, our representatives and our contractors may be monitored or reviewed for quality control and other reasonable business purposes. You also acknowledge that advertising and promotion may occur on the Service and also that neither you nor any user shall in any event have any claim with respect to any proceeds from such activities.

11. DISCLAIMER OF WARRANTIES AND EXCLUSION OF LIABILITY

11.1 DISCLAIMER OF WARRANTIES, LIABILITY AND RESPONSIBILITY.

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER WE NOR ANY OF OUR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE OR ANY OF OUR 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, INCLUDING ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS.

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.

WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SKYWAY USA SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY OURSELVES, OUR EMPLOYEES, DEALERS, AND LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

IN PARTICULAR, BECAUSE WE MAY PROVIDE ITS SUBSCRIBERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE SERVICE, WHICH CONTENT MAY BE ORIGINATED BY INDEPENDENT PUBLISHERS AND/OR PROVIDERS AND WHICH CONTENT IS NOT AUGMENTED BY

OURSELVES, WE CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION AS ORIGINATED BY SAID INDEPENDENT PUBLISHERS AND/OR PROVIDERS, AND WE SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY ERRORS, OMISSIONS, OR INACCURACIES RELATING THERETO. IF DEFECTIVE, YOU - NOT OURSELVES, OUR DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES OR ANY THIRD-PARTY CONTENT PROVIDER - ASSUME THE CONSEQUENCES RESULTING THEREFROM.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OURSELVES, OUR DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES OR ANY THIRD-PARTY CONTENT PROVIDER, SHALL CREATE ANY WARRANTY IN OR TO THE Skyway USA SERVICE OR THE CONTENT, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. ONLY THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

11.2 LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WE NOR ANY OF OUR 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 OUR MAXIMUM, SOLE, AND EXCLUSIVE LIABILITY, OUR

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 OURSELVES BY YOU FOR SERVICES FURNISHED UNDER THIS SUBSCRIBER AGREEMENT 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 TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE WHICH SUCH ERROR, DEFECT OR FAILURE IS FIRST DISCOVERED IN WHOLE OR IN PART.

11.3 APPLICABILITY OF PROVISIONS TO CIRCUMSTANCES INVOLVING OTHERS.

YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 11 SHALL ALSO APPLY TO ANY AND ALL CLAIMS RELATING TO "ACQUIRED MATERIAL" AND ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICE. YOU AGREE THAT YOU WILL NOT, IN ANY WAY, HOLD US RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING THOSE WITH WHOM WE CONTRACT TO OPERATE VARIOUS AREAS ON OR FEATURES OF THE SERVICE).

11.4 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 WE OR OTHERS WERE ADVISED OR AWARE OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR LIABILITY.

11.5 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.

12. INDEMNITY

You agree to indemnify us 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 your account. This includes, without limitation, responsibility for all such consequences of your (or that of any user of your 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.

13. THIRD PARTY BENEFICIARIES

The provisions of Sections 11 and 12 are for the benefit of us and our 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.

14. LIABILITY FOR UNAUTHORIZED USE

You agree to notify us immediately after you sell, give away or otherwise transfer your Skyway USA equipment to anyone else. You are considered the registered recipient of the Skyway USA services until we receive such notice, and you will be liable for any charges or fees incurred by the use of your Skyway USA equipment by anyone else up to the time that we receive your notice, unless otherwise provided by State law. You may not assign or transfer your service without our written consent. If you do, we may inactivate your service. If your Skyway USA equipment is stolen or otherwise removed from your premises without your authorization you must notify Skyway USA Customer Care Center immediately, or else you may be liable for payment for unauthorized use of your Skyway USA system. You will not be liable for unauthorized use after we have received your notification.

15. PROPRIETARY RIGHTS

Except for public domain material, all copyrightable content distributed over the Skyway USA Service is copyrighted by us or the third-party content provider. We and/or such third party content providers own all right, title and interest to such content and you 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 you may store one copy of the content on your personal computer for your personal use for a period not to exceed thirty 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 any software library, without the consent of the copyright owner is in violation of this Subscriber Agreement.

PART V GENERAL

16. LIMITS ON TRANSFERS; OTHER LIMITS

Unless otherwise agreed in writing, your right to use the Service, or to designate other users of your account, is not transferable and is subject to any limits established by ourselves, or by your credit card company or other billing institution, as applicable.

17. CHOICE OF LAW

This Subscriber Agreement is made in the Commonwealth of Kentucky.

This Subscriber Agreement and all of the parties respective rights and duties in connection herewith, including, without limitation, claims for violation of state consumer protection laws, unfair competition laws, and any claims in tort shall be governed by and construed in accordance with the laws of the

Commonwealth of Kentucky, in the United States, excluding it conflicts of laws provisions.

Any such legal controversy or claim for relief will be filed only in the Circuit Courts in Jefferson County, Louisville, Kentucky.

There shall be no class action case pursuant to this agreement.

Any cause of action brought by you, or by users of your account, with respect to the Service or this Subscriber Agreement must be instituted within one 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 nor any other international law does not apply to this Subscriber Agreement and you acknowledge and afirm that this is a services contract and not a contract for the sale of goods.

You agree that this Subscriber Agreement is set forth in the English language for the mutual convenience and benefit of the parties. A printed version of this Subscription Agreement and of any notice given in electronic form shall be admissible in judicial and administrative proceedings relating to or based upon this Subscription Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

18. CONSTRUCTION AND DELEGATION

Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this Subscriber Agreement. We may authorize or allow our contractors and other third parties to provide to services necessary or related to making the Service available and to perform obligations and exercise our rights under this Subscriber Agreement, and we may collect payment on their behalf, if applicable. The provisions of any Sections of this Agreement, which by their nature should continue, shall survive any termination of this Subscriber Agreement.

19. MISCELLANEOUS

Where notification by us 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. We may enforce or decline to enforce any or all of the terms of this Subscriber Agreement in our sole discretion. In no event shall we 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.

20. ASSIGNMENT OF ACCOUNT

We may sell, assign or transfer your account to a third party without notice to you. In the absence of a notice of such sale or transfer, you must continue to make all required payments to us in accordance with your billing statement.

21. ENTIRE AGREEMENT

This Subscriber Agreement, as published on the Internet, 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 you and ourselves, applicable also to all users of your 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 online sign-up procedure or any other procedure we have establish to activate your Skyway USA account, you agree 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]

Revised 09/15/05