Please sign the following agreement. Fax it back to us at 1.314.241.1777 or mail it back to us at: Cybercon.com 210 N. Tucker Blvd Suite 700 St. Louis, MO 63101, USA We thank you for your business! DSL SERVICE AGREEMENT 1. Services. In consideration for the payments to be made by Customer pursuant to the terms of this Agreement, Cybercon will provide to Customer a DSL connection to the Internet for commercial and research uses via Cybercon's network and data center facilities, which will be operated seven days per week, twenty-four hours per day (the Services). The Services provided by Cybercon are subject to all of the terms and conditions of this Agreement. 2. Payment. In consideration for the Services to be provided by Cybercon, Customer shall pay to Cybercon a monthly fee in accordance with the Cybercon fee schedule. Payment shall be due immediately upon Customer's receipt of Cybercon's monthly invoice. Alternatively, payment shall be made by automatic credit card charging (Autocharge). Cybercon is hereby authorized to make automatic monthly charges on the first day of each calendar month against Customer's credit card. This authorization shall be cancelable by Customer via written notice to Cybercon, delivered either by email, facsimile transmission or United States Mail, first class postage prepaid. 3. Term. Customers service will be determined on a month to month basis within the term of this agreement. Cybercon may cancel this Agreement and the Services without notice upon (i) Customer's failure to pay any amounts invoiced here under within fifteen (15) days after the date of the invoice, or (ii) Cybercon's determination, in its reasonable discretion, that Customer has used the Services fraudulently, unlawfully or abusively, and has failed or refused to cease such fraudulent, unlawful or abusive use. (iii) credit is refused to Cybercon on any monthly charge when Customer is paying monthly fees on an Autocharge basis, and such credit is not reinstated; or (iv) Customer's failure or refusal to cure any breach of this Agreement (other than as mentioned above) within fifteen days after notice of such breach has been given by Cybercon to Customer. Upon such cancellation, Cybercon shall remove all of Customer's electronically stored data from Cybercon's facilities without liability of any kind to Customer. 4. Restrictions. The Services, and Customer's use of the Services, are subject to the following restrictions: a. Inappropriate Content Prohibited. Customer's use of the Services shall not constitute libel or defamation of character, nor infringe on any copyright, trademark or patent, nor shall it violate (i) any trade secret or other intellectual property right of any third party, or (ii) any federal, state, or local law, regulation or ordinance, including those pertaining to obscenity, applicable in an area where the Content can be viewed or retrieved; b. Acceptable Use Policies (AUPs). Customer shall at all times during the use of the Services abide by Cybercon's AUPs as established and modified from time to time (http://www.cybercon.com/aup.html), and the AUPs of all other networks which Customer may traverse in the course of its use of the Services; In the event that Customer violates any of these restrictions, Customer shall indemnify and hold harmless Cybercon and its directors, officers, shareholders, agents and contractors from and against any and all allegations, claims, expenses (including reasonable attorneys' fees), liability or suits made, threatened or brought in relation to or arising from such violation. 5. No Archival Services. Cybercon shall have no responsibility for failure to backup, or loss of, any of Customer's data. Customer is responsible for providing any archival history services with respect to its data, whether created by Customer or a third party. 6. Early Termination Charges. The term of this contract shall be for a minimum service period of one year. If customer terminates this agreement prior to the expiration of the term, for each remaining month of the term, customer shall be required to pay seventy five percent (75%) of the required monthly fee. 7. Disclaimer of Warranties. Cybercon exercises no control whatsoever over the content, accuracy or quality of the information passing through its network or any products ordered by Customer via its network. The Services and any information or products obtained by Customer through the Services are provided "AS IS" without any warranties whatsoever, express or implied. The warranties of merchantability and fitness of the Services, such information and products for a particular purpose are hereby specifically disclaimed. 8. Limitation of Liability. In no event shall either party be liable to the other for any indirect, incidental or consequential damages arising out of or in relation to this Agreement or the Services, including, but not limited to, damages incurred by Customer resulting from loss of data, due to delays, non deliveries, misdeliveries or interruptions in Service, regardless of the cause. 9. Force Majeure. Neither party shall be considered in default of its obligations hereunder (except the payment of money, which shall not be excused) if performance of such obligations is prevented or delayed by acts of God or government, war, riots, terrorism, acts of civil disorder, labor disputes, failure or delay of transportation, or such other causes as are beyond such party's control. 10. DSL Internet service fees Setup fee: Self install: $99. We will configure the standard DSL router for you. Onsite install (Metro St. Louis only): $199 (room to room cabling is not included). Monthly fee: __ $79 per month. Speed: download 384kbps - 1.5mbps, upload: 128kbps; or __ $295 per month. Speed: download 1.5mbps - 6mbps, upload: 384kbps; Billing Cycle: __ Monthly; __ Quarterly (5% discount); __ Semi-annually (10% discount); __ Annually (15% discount) Total charges: (all setup fees plus the first billing cycle fee) 11. Payment method: __ Credit card (we accept Visa, MasterCard, Discover, and Dinner's Club): Credit card number: Expiration date: (month/year) Cardholder's first name: (as appears on the creditcard) Cardholder's Last name: (as appears on the creditcard) Credit card billing address: Credit card bank telephone number: Cardholder's signature: Total charges: __ Check/money order; __ Wire Transfer; 12. DSL setup information: Phone number where DSL service is installed: Postal address where DSL service is installed: Special setup instructions (if any): Customer: Company name: Address: City: State: Country: Zip code: Tel: Fax: Email: Authorized representative: Title: Signature: Cybercon.com Authorized representative: Title: Signature: Please sign this agreement, fax it back to us at 1.314.241.1777 or mail it back to us at: Cybercon.com 210 N. Tucker Blvd Suite 700 St. Louis, MO 63101 USA Tel: 1.314.621.9991 (24x7) 1.800.WEB.2354 (1.800.932.2354) Fax: 1.314.241.1777 Email: sales@cybercon.com URL: http://www.cybercon.com