METRO PROVIDER INTERNET SERVICE AGREEMENT

Customer and Metro Provider hereby enter into this Metro Provider subscription Agreement (Agreement). This Agreement may refer to Customer and Metro Provider together, as the Parties.
Section 1. Service
1.1	Under this Agreement, Metro Provider supplies and the Customer purchases Metro Provider service (subscriptions) pursuant to the plan selected on the Metro Provider Order Form.
Section 2. Charges and Payments
2.1	Metro Provider shall bill and the Customer shall pay all charges subscribed to by Customer. Payment must be made on or before the due date shown on the bill.
2.2	Current bills are subject to a 10% late charge if not paid by the due date.
2.3	Customers agree to pay Metro Provider the full replacement cost for any damage to or loss of leased equipment provided to Customer by Metro Provider (e.g. customer premises equipment, CPE) and hereby authorizes Metro Provider to charge customer for said replacement cost. Customer is obligated to immediately return such equipment after service cancellation or is liable for the replacement cost of said equipment. Customer agrees Metro Provider has title and ownership to said equipment and that said equipment must be used exclusively as specified by Metro Provider. Metro Provider authorizes Customer premises use only in conjunction with the Metro Providers service.
Section 3. Termination
3.1	Customer may terminate Metro Provider service at any time by calling customer service. Termination will be effective the first business day after the customer termination call. Monthly charges will be prorated by the month, from the service disconnect date to the monthly billing anniversary date, days are NOT prorated. Any remaining balance can be applied to additional services, but there are no refunds on pre-paid services.
3.2	Customers leasing customer premises equipment (CPE) are required to return the CPE prior to cancellation of their service. Failure to return the CPE within five (5) business days of subscription cancellation will result in additional billing charges for purchasing the CPE plus tax.
3.3	Customers who purchased CPE and terminate subscription within thirty (30) days of the purchase will receive a full refund of the purchase price if the CPE is returned in working condition within five (5) business days of subscription termination.
3.4	Metro Provider may terminate this Agreement and discontinue service at anytime, without prior notice, if Metro Provider reasonably believes Customer is using subscription illegally, unreasonably, or in furtherance of any unlawful activity.
Section 4. Interruption of subscription and Out-of-subscription Credit
4.1	Interruptions, disconnections, errors or other out-of-service conditions may occur. If a subscription interruption, error, performance failure, or some other out-of-service condition occurs and lasts more than twenty-four (24) consecutive hours, except for problems caused by Customer's actions, inside wiring, other vendor's actions or CPE, an out-of-service credit will be applied to the Customer's bill. The credit shall be based on a thirty (30) day month and shall be calculated by: (a) dividing the monthly rate of Metro Provider subscription affected by thirty (30) days; and then (b) multiplying the daily rate by the number of days, or major fraction thereof, that the Metro Provider subscription was interrupted. Metro Provider DOES NOT WARRANT THAT METRO PROVIDER SERVICES ARE ERROR FREE AND EXCLUDES ALL WARRANTIES OF WHATEVER KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Section 5. Limitation of Liability
5.1	METRO PROVIDER SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INCIDENTIAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF PROFITS/OR LOSS OF BUSINESS WITH THE EXCEPTION OF THE LIABILITY FOR CREDIT TO CUSTOMER'S BILLS SET FORTH IN SECTION 4 OF THIS AGREEMENT.
5.2	Customer is solely responsible for terminating any prior telephone, Internet, cable and/or other services.
Section 6. Force Majeure
6.1	With the exception out of service credit as set forth in Section 4 of this Agreement, Metro Provider shall be excused from performance if its performance is prevented by acts or events beyond its control including but not limited to severe weather and storms; earthquakes or other natural occurrences; strikes or other labor unrest; power failures; nuclear or other civil or military emergencies; or act of legislative, judicial, executive, or administrative authorities.
Section 7. Nonwaiver
7.1	The failure of either party to enforce strict performance of any provision of this Agreement shall not be construed as a waiver of its right to assert or rely upon such provision of this Agreement.
Section 8. Governing Laws
8.1	Interpretation of this Agreement shall be governed by the laws of the State of Minnesota. Any cause of action arising from this Agreement shall be brought in a state court with appropriate jurisdiction in the city of Minneapolis, state of Minnesota.
Section 9. Successors and Assigns
9.1	Metro Provider may assign its rights and delegate under this Agreement to its parent, a subsidiary, or any affiliate without prior, written permission.
Section 10. Renewal
10.1	Metro Provider makes no assurance that this subscription will be offered beyond the terms herein, or that such a subscription will be offered at the same rates as set forth in this Agreement. Metro Provider reserves the right to change its subscription and/or rate after one (1) month from this Agreement's date. Metro Provider will provide at least 30 days' notice of the rate change.
Section 11. Customer Support
11.1	Metro Provider provides telephone customer service and technical support. On-site technical support will be provided by Metro Provider at an hourly rate of $100.00, which will be billed by and paid directly to Metro Provider.
Section 12. Expression of Parties' Understanding
12.1	This subscription Agreement, the Privacy Policy, Metro Provider Parental Controls, and the Acceptable Use Policy contain the full and complete expression of the Parties' understanding and agreement for the supply and purchase of Metro Provider subscription. Please note that you agree to the Acceptable Use Policy, Privacy Policy, Metro Provider Parental Controls, and subscription Agreement by your initiation of Metro Provider subscription.
Section 13. Equipment shipping and delivery
13.1	All equipment will be delivered during installation. Should you wish to have the equipment shipped by common carrier, postal service or other delivery service; cost of shipping will be added to your invoice for equipment and/or services.
PAYMENT INSTRUCTIONS:
	Your payment must be received in our offices by the due date shown on the first page of your statement. Past due amounts are due immediately. A late fee of ten (10) percent of the current charges will be added if not paid by the due date. Past due payments may cause a suspension of services within five (5) days of the Payment Due Date shown on this statement where the charges first appeared, or at any other time. Should disconnection be necessary, service will not be restored until full payments of amounts owing is received. There is a $30.00 charge for all returned checks.
IMPORTANT INFORMATION ABOUT YOUR BILL:
	Monthly service charges are billed in advance.
QUESTIONS REGARDING YOUR BILL:
	If you have any questions regarding your monthly statement, please call 763-235-3060 or write us ON A SEPARATE PIECE OF PAPER, no later than thirty (30) days after the original billing date on your statement. Telephone calls and notations that you make on your checks or material accompanying your statement will not secure your rights. You can mail your inquiries to Metro Provider, P.O. Box 581427, Minneapolis, MN 55458.