Metro Provider is an Internet access service, subject to the terms and conditions of this Metro Provider Internet Access Subscription Agreement Terms of Use ("Agreement"). This Agreement, the Metro Provider subscription Agreement, Metro Provider Parental Controls, and Metro Provider Privacy Policy constitute the entire agreement between you (hereinafter "you" or "your" or "Customer," which includes any person using your account) and Metro Provider.

Metro Provider reserves the right to change this Agreement at any time by posting changes online on the Metro Provider Web site at least 30 (thirty) days in advance of the effective date of any changes. You are responsible for regularly reviewing information posted online in the "Metro Provider Pricing" offering to obtain timely notice of such changes. Your continued use of Metro Provider 30 days after changes are posted constitutes your acceptance and consent to this Agreement as modified by the posted changes.

This Agreement takes effect on the date on which you accept this Agreement and continues until your Metro Provider subscription is terminated either by you or by Metro Provider pursuant to the terms hereof. You remain obligated for all amounts then due Metro Provider even after termination.

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use Metro Provider in accordance with this Agreement. You may terminate your Metro Provider subscription at any time, with or without cause, upon notice to Metro Provider; provided that you are responsible for all charges, which have been incurred; and returned your CPE, prior to your termination. Metro Provider may terminate or suspend your Metro Provider subscription at any time, with or without cause, with or without notice. Your Metro Provider subscription is personal to you. You agree not to assign, transfer, resell or sublicense your rights as a customer unless specifically allowed by this Agreement. The subscription must be available to your location. Some services require separate active connection service in order for the subscription to work. You are responsible for charges for the subscription regardless of the status of these separate services. Changing service providers may result in substantial interruption of the subscription and may result in fees associated with cancellation and setting up a new account. Your computer may have to meet certain minimum requirements, which may be found on the Metro Provider homepage at: www.metroprovider.com.

Metro Provider will not allow you to have additional customer accounts associated with your account. You may allow other household customers (including minors) to use your subscribed account by adding equipment (such as a router) to provide service to other computers within the household, provided that you agree to pay all charges that are incurred by yourself or others using your account. As between Metro Provider and you, you are solely responsible for all usage of your account, including any violations of this Agreement. Your customer account will be terminated for violations of this Agreement by yourself or others utilizing your account. You agree not to assign, transfer, resell, sublicense or otherwise distribute your right or access to your account outside of your household.

You acknowledge that some areas of the Internet may contain material that is unsuitable for minors, and you agree to supervise usage by minors whom you permit to use your Metro Provider account. Parents may want to use a program capable of restricting access to unsuitable material on the Internet or other services that may be available.

You acknowledge and agree that the party being billed for your Metro Provider subscription (that is, the party who is responsible for the credit card or other payment account associated with your account) has the right to terminate the customer account at any time, make changes to your customer account information and to request and receive usage information related to such accounts.

You agree to be bound by the terms of the Metro Provider subscription Agreement which may be amended from time to time.

As a condition of your use of Metro Provider, you warrant to Metro Provider that you will not use Metro Provider for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Any unauthorized commercial use of Metro Provider, or the resale of its services, is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations. You are solely responsible for all acts or omissions that occur under your account or password, including the content of these transmissions through Metro Provider You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software or services obtained from or through Metro Provider.

You agree not to do any of the following while being connected to Metro Provider:

• Use Metro Provider or any of its related services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming, or any duplicative or unsolicited messages to parties with whom you have no prior relationship (commercial or otherwise).



• Send unsolicited e-mail or instant messages through third-party mail servers to relay your message or hide the origination of your message or any other message to others.



• Use your e-mail accounts in the text of unsolicited e-mail messages or Web sites as an address to which customers, customers, or other Internet users can respond.



• Mass-post, cross-post, or post off-topic messages to any newsgroup or bulletin board service.



• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.



• Publish, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material or information.



• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.



• Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.



• Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.



• Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy, or publicity or any other applicable law unless you own or control the right thereto and have the legal right to do so or have received all necessary consents.



• Interfere with or disrupt networks connected to Metro Provider or violate the regulations, policies, or procedures of such networks.



• Attempt to gain unauthorized access to Metro Provider, other Metro Provider accounts, or computer systems or networks connected to Metro Provider through password mining, hacking, or by any other means.



• Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States.



• Interfere with another customer's use and enjoyment of Metro Provider or another individual's or entity's use and enjoyment of similar services.



• View, intercept, or attempt to intercept e-mail or other private communications not intended for you.



• Post messages to public message areas which violate any restriction in that area's charter policy.

Customer shall not allow unauthorized connections to Metro Provider, unauthorized reselling of Metro Provider, or the solicitation of Metro Provider customers to become customers to other online service providers in competition with Metro Provider, nor shall the customer make any unauthorized copies or duplications of any Metro Provider material, advertising, forms, brochures, pamphlets and the like which is the property of Metro Provider.

Any customer attempting to harm or cause damage to Metro Provider equipment in any way will be billed for the repair and or replacement in its entirety to track the offending customer and repair damage, if any, that the customer may have caused.

Without limiting any of Metro Provider's rights to terminate your Metro Provider subscription as described elsewhere in this Agreement and the Metro Provider subscription Agreement, Metro Provider may, without notice, terminate your Metro Provider subscription for violation of any of the foregoing rules by any party utilizing your customer account.

Metro Provider has no obligation to monitor anyone's use of Metro Provider or retain the content of any user session. However, Metro Provider reserves the right at all times and without notice to delete any content and to monitor, review, retain and/or disclose any content or other information in Metro Provider's possession, however obtained, about or related to you, your use of Metro Provider or otherwise as Metro Provider deems necessary or useful to satisfy any applicable law, regulation, legal process, or governmental request.

hen using Metro Provider, you are subject to all the rules specified by the services and Web sites you visit. This includes other Metro Provider services and Web sites as well as services and Web sites operated by third parties. If another party reports that you have violated their rules, you agree that Metro Provider may take appropriate action just as if you had violated this Agreement.

You must promptly notify Metro Provider if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your Metro Provider user name or password.

Questions regarding acceptable use or to report violations of this policy should be sent to abuse@metroprovider.com.

For charges and billing, please refer to the terms and conditions contained in the Metro Provider subscription Agreement and the Metro Provider subscription Offerings. You will be charged a monthly service fee and applicable taxes and other fees. Some services may also include charges for hardware, activation or early cancellation. Metro Provider may offer, from time to time, certain promotions with different terms, activation fees, and monthly charges. You must provide accurate billing information including legal name, address, telephone number, and credit card/billing information, and report all changes to this information immediately. You agree to pay all taxes, surcharges, and fees set by the government. We may not always give advance notice of changes to these items.

Charges may be billed to your credit card, debit card or bank account, as applicable, each month for the subscription and any additional usage, services, taxes and fees. Metro Provider is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Metro Provider. You agree to maintain valid and current credit card information on file with Metro Provider at all times.

Metro Provider reserves complete and sole discretion with respect to the operation of Metro Provider. Metro Provider may, among other things: (a) take any action (legal and/or technical) that Metro Provider deems appropriate to prevent bulk e-mail from entering or leaving any Metro Provider e-mail account; (b) delete e-mail if it has not been accessed by you within a time established by Metro Provider from time to time, in its sole discretion; (c) not process e-mail or instant messages due to space limitations; (d) make available to third parties information relating to Metro Provider and its customers as allowed by federal, state, and local data privacy laws; (e) automatically log off any accounts that are inactive for an extended period of time, as determined by Metro Provider; and, (f) withdraw, suspend, change, or discontinue any functionality or feature of Metro Provider. The amount of e-mail message storage space per customer may be limited; therefore some e-mail may not be processed due to space constraints. You agree that Metro Provider is not responsible or liable for the loss, deletion or failure to store or accept messages or other information. The use of any software that would prohibit Metro Provider's automatic log off system or part thereof from performing as intended is prohibited. Email accounts exceeding allotted email space may, depending on the subscription and at Metro Provider's discretion, be suspended and be transferred to a compressed temporary file or storage or may be deleted. Metro Provider may delete the temporary file from the server 60 days after notifying you. You agree not to provide any public information services over a dial-up connection.

A Metro Provider account shall not be used to run a server providing an information service over a customer's Internet connection such as an FTP or WWW server or similar server. Although a Metro Provider account allows unlimited monthly access, to ensure the system is not abused and all customers have equal access, a connection may automatically be disconnected after two (2) hours of idle connection or twenty-four (24) consecutive hours of connectivity.

Metro Provider is firmly committed to maintaining appropriate data privacy; our data gathering and dissemination are governed by state and federal laws, including the Minnesota Government Data Practices Act, Minnesota 2004 Statutes, Chapter 13 in addition to Metro Provider's Privacy Policy.

The subscription speed can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of Metro Provider. Metro Provider does not guarantee upload or download speeds. Some line stabilization may be necessary for service. Stabilization could include the lowering of provisioned line speed. Should this occur, Metro Provider will NOT be able to increase the line speed once the connection is stabilized. Some subscriptions may only work using certain phone service carriers or non-PBX (including rollover/party line) phone systems. Some services may require the use of specific hardware and/or software and may be limited by specific geographic location.

You may purchase a separate dial-up account while waiting for certain subscriptions that require installation. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or any other charges, including simultaneous login charges. Metro Provider is not responsible for any long-distance, toll, or other charges you incur. Toll-free (800, 888, 877), international, and simultaneous login access costs will be extra. Current prices are listed on the Metro Provider homepage at www.metroprovider.com. Metro Provider may change its POP numbers at any time. Metro Provider reserves the right to direct you to use certain numbers to access the subscription or to restrict use of specific access numbers. Usernames, passwords, email addresses and IP addresses are Metro Provider's property and Metro Provider may alter or replace them at any time.

Metro Provider does not claim ownership of the materials you provide to Metro Provider (including feedback and suggestions) or post, upload, input, or submit to any Metro Provider Web site or its associated services (each a "Submission" and collectively called "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting Metro Provider, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Metro Provider is under no obligation to post or use any Submission you may provide and Metro Provider may remove any Submission at any time, in its sole discretion. By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission, as described in this section including, without limitation, all the legal rights necessary for you to provide, post, upload, input, or submit the Submissions.

Metro Provider offers free telephone and e-mail support to assist customers with the setup and configuration of Metro Provider Internet accounts.

Metro Provider offers onsite technical support to assist customers with the setup and configuration of Metro Provider Internet accounts at a cost established by Metro Provider.

Metro Provider telephone-based technical support is to be used when a customer requires assistance with problems involving the process establishing an Internet connection, as well as with problems concerning the sending and receiving of Internet e-mail. Metro Provider telephone-based technical support is not to be used for other applications, including but not limited to, questions regarding writing or setting up WWW pages, nor for assistance on how to use any operating system (e.g.Windows, MacOS, or Unix).

Metro Provider customers may also receive e-mail-based technical support from support@metroprovider.com. E-mail messages are answered based on priority and most messages will be responded to by the next business day after receipt.

Support is not available by visiting Metro Provider's administrative offices. Metro Provider does not offer technical support for Internet connections to other Internet providers or customers, or any other problem not related to our Metro Provider connection to the Internet. Metro Provider technical support is unable to provide support for "alpha", "beta", pre-release software or software that is no longer supported by the manufacturer. Metro Provider technical support is only able to provide technical support for products or services sold directly by Metro Provider.

Metro Provider is not responsible for the performance of services provided by organizations outside of Metro Provider including the speed of Internet connections not owned or operated by Metro Provider, or the operation or reliability of any Internet server or computer not owned or operated by Metro Provider.

The links included within Metro Provider and/or its related Web sites may let you leave Metro Provider and visit third party sites (linked sites). The linked sites are not under the control of Metro Provider and Metro Provider is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Metro Provider is not responsible for Web casting or any other form of transmission received from any linked site. Metro Provider is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Metro Provider of the site or any association with their operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the linked sites. Any dealings with third parties (including advertisers) included within Metro Provider or participation in promotions, including the purchase of, delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and the advertiser or other third party. Metro Provider shall not be responsible or liable for any part of any such dealings or promotions.

You specifically agree that Metro Provider shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through or using Metro Provider You specifically agree that Metro Provider is not responsible or liable for any act or omission of any third party including but not limited to any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Metro Provider is not responsible for any content sent using and/or included in Metro Provider by you or any third party. Your use of Metro Provider, all Metro Provider software, equipment or software provided by Metro Provider or its designated service providers, and Metro Provider services (including installation services) is at your own risk. Metro Provider, its resellers, distributors, service providers, and/or suppliers make no representations about the suitability, reliability, usability, availability, timeliness, and accuracy of Metro Provider for any purpose. Metro Provider, its resellers, distributors, service providers and/or suppliers do not warrant that access to or use of Metro Provider will be uninterrupted or error free, that customers will be able to access Metro Provider at any time or in any geographic area, or that Metro Provider, Metro Provider software, services or related equipment will meet any particular criteria of performance or quality.

METRO PROVIDER, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO METRO PROVIDER AND ALL RELATED SERVICES, SOFTWARE AND EQUIPMENT, INCLUDING WITHOUT LIMITATION, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND LACK OF NEGLIGENCE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, TITLE, AND NON-INFRINGEMENT.

In no event shall Metro Provider, its resellers, distributors, service providers and/or suppliers be liable for any indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever, including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of Metro Provider any Metro Provider software, Metro Provider services (including installation services), related equipment or related Web sites, with the delay or inability to use Metro Provider, any Metro Provider software, related equipment or related Web sites, the provision of or failure to provide services (including installation services), lost, damaged, or destroyed e-mail or the failure to deliver any e-mail, or for any information, software, products, services and related graphics obtained through Metro Provider, or otherwise arising out of the use of Metro Provider, whether based on contract, tort, negligence, strict liability or otherwise, even if Metro Provider or any of its suppliers has been advised of the possibility of damages. Metro Provider's liability to you for breach of this agreement is limited to the amount actually paid by you to Metro Provider for access to and use of Metro Provider You hereby release Metro Provider from any and all obligations, liabilities, and claims in excess of this limitation. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. IF YOU ARE DISSATISFIED WITH ANY PORTION OF METRO PROVIDER, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT SIGN UP FOR A METRO PROVIDER ACCOUNT OR TO TERMINATE YOUR METRO PROVIDER ACCOUNT.

You agree to indemnify and hold Metro Provider, its parents, subsidiaries, customers, affiliates, officers and employees, harmless from any claim, demand, or damage, including costs and reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on Metro Provider. Metro Provider will notify you within a reasonable period of time of any claim for which Metro Provider seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to Metro Provider's interests, as reasonably determined by Metro Provider. Metro Provider will select its legal counsel for defense of any claim.

Notices given by Metro Provider to you may be given by e-mail via Metro Provider, by a general posting on Metro Provider, or by postal mail. Notices given by you to Metro Provider must be given by e-mail via Metro Provider and addressed as set forth in Metro Provider's support area, or by postal mail. Notices to Metro Provider by postal mail must be sent to Metro Provider, P.O. Box 581427, Minneapolis, MN 55458.

Metro Provider may immediately terminate any customer account that it determines, in its sole discretion, is transmitting or is otherwise connected with any "spam" or other unsolicited bulk e-mail. Metro Provider may, in its sole discretion pursue actual damages or if actual damages cannot be reasonably calculated in Metro Provider's opinion, you agree to pay Metro Provider liquidated damages of five dollars (U.S. $5.00) for each piece of "spam" or unsolicited bulk e-mail transmitted from or otherwise connected with your account. You agree that Metro Provider may charge such damages to your Designated Account as specified by you for payment of Metro Provider charges and that the amount of $5.00 for each piece of spam or unsolicited bulk e mail transmitted represents a reasonable estimate of damages.

Except where prohibited by applicable law, this Agreement is governed by the laws of the State of Minnesota, and you consent to the exclusive jurisdiction and venue of courts in Hennepin County, Minnesota for all disputes arising out of or relating to your use of Metro Provider or your Metro Provider subscription. Use of Metro Provider is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions of this Agreement including, without limitation, this paragraph.

Metro Provider reserves the right to change this Agreement at any time by posting changes online on the Metro Provider Web site at least thirty (30) days in advance of the effective date of any changes. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of Metro Provider thirty (30) days after changes are posted constitutes your acceptance and consent to this Agreement as modified by the posted changes.