RESIDENTIAL SUBSCRIBER AGREEMENT

These Service Terms and Conditions (“AGREEMENT") are agreed to by and between Resort Broadband, LLC ("RB") and the customer ("SUBSCRIBER") as designated on their Service Order.

PLEASE READ THIS AGREEMENT CAREFULLY. BY USING RB SERVICES SUBSCRIBER (1) ACKNKOWLEDGES THAT SUBSCRIBER IS AN ADULT (18 YEARS OR OLDER), (2) WARRANTS THAT SUBSCRIBER IS AUTHORIZED TO ORDER RB SERVICES FOR THE SPECIFIED LOCATION, AND (3) WARRANTS THAT SUBSCRIBER HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS IN EFFECT AND AS UPDATED BY RB FROM TIME TO TIME.

This AGREEMENT shall be governed and interpreted by the laws of the State of Colorado, without regard to conflicts of law principles. This AGREEMENT is subject to revision from time to time. The latest version of this AGREEMENT may be found at www.resortbroadband.com/SWAgreement.html .

Service Orders
Upon acceptance of SUBSCRIBER's service order and subject to the terms of this AGREEMENT, RB will use commercially reasonable efforts to provide the wireless internet access service described below (“Service”) at the specified location using sound engineering and generally accepted installation practices. By submitting a Service Order (via the RB website or by telephone or mail), SUBSCRIBER is agreeing to be bound by all Service terms and conditions, including this AGREEMENT. Unless other arrangements have been made with RB, a Service Order constitutes a firm order subject to RB's acceptance and RB's determination that the Service can be provided to the specified location. RB may impose a site evaluation charge (currently $50) if, after an on-site evaluation of the Service location RB determines the Service can be provided and SUBSCRIBER declines the Service.

Installation, Equipment and Interference
SUBSCRIBER(s) warrants that Subscriber is the owner of the Service location or has received permission from the owner to install the equipment, power the equipment and receive the Service. It is SUBSCRIBER's obligation to confirm that the placement of antennas or other equipment in common areas is not in violation of any association or building restriction. SUBSCRIBER agrees to allow RB and its contractors access to the specified location to perform installation, repair and maintenance activities in support of the Service.

SUBSCRIBER authorizes RB and its contractors to install the equipment necessary to provide the Service. If applicable, SUBSCRIBER will be the sole interface between the building owner/association manager and RB. If Subscriber requires custom installation work, including placing cable under carpet, inside molding, through cabinets, attics, interior walls or crawl spaces, additional charges may be imposed. The SUBSCRIBER will provide code-compliant 110 VAC, 0.25-0.45 Amps (30-54 Watts) electrical power for the Service.

If SUBSCRIBER cancels or reschedules installation of the Service within 24 hours of the scheduled install date and time RB may impose a cancellation/rescheduling charge of $50.

SUBSCRIBER agrees to purchase the require Service location equipment, including antenna unit and associated accessories. SUBSCRIBER will not have password access to this equipment and shall not tamper or otherwise interfere with the equipment or attempt to reset, reverse engineer or modify the equipment, or change any hardware, software settings or antenna/radio location.

If RB determines that conditions or equipment at the Service location are producing interference or otherwise adversely affecting the operation of the Service, SUBSCRIBER will take appropriate action upon request to correct or prevent the interference to the satisfaction of RB.

Service and Usage
RB will provide SUBSCRIBER with an account on RB's network, which will allow SUBSCRIBER to access the Internet. SUBSCRIBER's account will include (depending on account type) access to the World Wide Web, electronic mail ("e-mail"), and other functionality commonly associated with the Internet (collectively, "Service"). RB is NOT responsible for any of SUBSCRIBER's long distance telephone charges.

SUBSCRIBER will NOT use RB Service to: (1) OPERATE any internet service provider enterprise, (2) COMPETE in any way with RB, (3) RESELL any RB Service in any way, of (4) REDISTRIBUTE or allow unauthorized use of RB Service to non SUBSCRIBERS.

SUBSCRIBER agrees to comply with any bandwidth usage or other limitations on the Service specified by RB. If RB determines that SUBSCRIBER is exceeding bandwidth limits, SUBSCRIBER will be notified and shall have five days to bring usage within specified limits. If excessive use continues, RB may take any action it deems necessary to prevent SUBSCRIBER's usage from adversely affecting RB's ability to provide Service to other customers, including, but not limited to, terminating SUBSCRIBER's Service.

RB's goal is to provide each SUBSCRIBER access to its network 99.5% of the time, excluding scheduled maintenance, maintenance window outages or testing time. RB is not responsible for access and throughput restrictions or interruptions attributable to specific Internet sites or upstream providers. RB Service is designed for residential access, and may not be suitable for business purposes.

The Service will be activated after installation of necessary equipment and RB's acceptance of SUBSCRIBER's Service Order.

Term and Termination
The initial term of this AGREEMENT shall be as designated on the Service Order. At the end of the initial term, this AGREEMENT will automatically renew for successive one-month periods unless either party advises the other in writing that the Service will be terminated.

SUBSCRIBER may terminate the Service for any reason within the first 30 days after activation. If SUBSCRIBER terminates within the 30-day period, RB will refund amounts paid for equipment and normal installation charges, provided the equipment is returned in good condition and working order. Additional charges for site evaluation, custom or complex installations, computer configuration and utilized Service are not refundable.

If SUBSCRIBER terminates this AGREEMENT after the first 30 days, but before the end of the initial term, Subscriber agrees to pay RB a termination fee equal to the Monthly Service Fee times the number of months remaining in the initial term, but not to exceed $200. With RB's consent, upon termination Subscriber's equipment (including antenna/radio, mounting hardware, junction box and power supply) may be returned. If returned equipment is in good condition and working order, RB will credit SUBSCRIBER the reasonable used value of such equipment, not to exceed 50% of the original equipment price.

Payment for Services
SUBSCRIBER shall pay all amounts owing to RB pursuant to this AGREEMENT, including Monthly Service Fees, Equipment Fees, Installation Fees, Activation Fees, and any other fees and charges, as set forth herein or on SUBSCRIBER's Service Order. Fees and charges other than the Monthly Service Fee are subject to change without notice. After the initial term, the Monthly Service Fee is subject to change upon notice to SUBSCRIBER.

RB is authorized to charge the credit/debit account indicated on SUBSCRIBER's Service Order for all amounts owed to RB. SUBSCRIBER shall promptly notify RB in writing of any changes in SUBSCRIBER's credit/debit account information or any changes in SUBSCRIBER's address or telephone number. With RB's consent, arrangements may be made for monthly billings and payment by check, for which RB will charge its applicable billing fee (currently $2 per month). A service charge of $40 will be assessed on all returned checks.

The Monthly Service Fee is billed and payable in advance. All other charges are payable upon billing. RB maintains monthly accounting and billing cycles, and SUBSCRIBER will be charged on a monthly basis for the Service and other amounts due. Amounts owing for equipment and installation charges must be paid prior to installation.

If SUBSCRIBER fails to pay any amount owed within 5 days after the due date, SUBSCRIBER will be charged a late payment fee of 10% of the unpaid amount. All past due amounts shall bear interest at the rate of 1.5% per month from the due date until paid. If SUBSCRIBER fails to pay any amount within 30 days of the due date, RB may, in addition to any other remedies, disconnect the Service without notice and may impose a reconnection fee (currently $50) prior to re-establishing Service. Service will not be re-established unless SUBSCRIBER pays all amounts owing and complies with all the requirements of this AGREEMENT

Use of Service; Acceptable Use Policy
SUBSCRIBER agrees not to use the Service in any manner prohibited by any federal or state law or regulation. SUBSCRIBER further agrees to adhere to RB's Acceptable Use Policy as set forth on RB's website from time to time. The Acceptable Use Policy is incorporated herein by reference. Transmission of any material in violation of federal or state law or regulation, including but not limited to any copyrighted materials, trade secrets or materials that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable in any manner or that encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, is prohibited. Without limitation, SUBSCRIBER agrees to comply with all laws and regulations concerning the export or transmission of technical data and other regulated materials.

SUBSCRIBER understands that neither RB nor its network suppliers are responsible for the content of transmissions that may pass through the Internet. RB does not monitor the content of materials transmitted through its network and exercises no control over the content of materials accessed through the Internet, including through the RB network.

Limited Warranties
Subject to the conditions and limitations set forth in this AGREEMENT, RB provides a LIMITED PARTS AND LABOR WARRANTY against defects in Service location equipment purchased by SUBSCRIBER and the installation thereof for a period of 12 months from the date of installation. This limited warranty excludes any damage resulting from abuse or negligence, or acts of god, as determined by RB. This warranty does not cover any internal networking hardware, LANs, SUBSCRIBER's computers or other peripherals.

The cost of any repair or replacement of equipment or correction of installation problems following the expiration of the 12-month period set forth above will be paid by SUBSCRIBER.

Subject to the conditions and limitations set forth in this AGREEMENT, RB warrants that the Service will operate in substantial accordance with the terms of this AGREEMENT.

The foregoing limited warranties shall not apply if (i) SUBSCRIBER's equipment has been subjected to unusual physical or electrical stress, misuse, neglect, accident or abuse, or damaged by any other external cause; (ii) the Service or related equipment has been installed, repaired or altered by anyone other than RB or its subcontractors without RB's prior written approval; or (iii) the Service or related equipment is used in violation of this AGREEMENT, applicable law or instructions furnished by RB. THE FOREGOING LIMITED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

Limitations
SUBSCRIBER understands that actual transmission speeds may vary from transmission speeds otherwise expected, due to such factors as length and gauge of lines serving SUBSCRIBER's premises and other operational characteristics of the facilities and equipment used in the Service. It is possible that there may be a lack of facilities or other operational impediments that may preclude or delay the actual installation, repair or maintenance of Service to SUBSCRIBER's premises. RB reserves the right to terminate this AGREEMENT without liability to SUBSCRIBER if RB is not able to provide, repair or maintain the service to SUBSCRIBER's premises. RB is not responsible for interruptions or other problems relating to SUBSCRIBER's computer, network or software.

RB SHALL NOT BE RESPONSIBLE OR LIABLE TO SUBSCRIBER OR ANY OTHER PARTY UTILIZING THE SERVICE FOR ANY INTERRUPTION IN SERVICE OR OTHER FAILURE RESULTING FROM CAUSES BEYOND RB'S REASONABLE CONTROL, INCLUDING INTERRUPTIONS RESULTING IN WHOLE OR IN PART FROM ANY OF THE FOLLOWING CAUSES:

· Acts or omissions on the part of the SUBSCRIBER or any third party.

· SUBSCRIBER's applications, equipment or facilities.

· Scheduled maintenance of RB's network or equipment.

· Interruptions associated with new installations.

· Interruptions caused by upstream service outages or similar problems, such as line failures.

· Interruptions during any period RB is not allowed access to SUBSCRIBER's premises.

· Interruptions from SUBSCRIBER's failure to release the Service for testing, repair or maintenance.

· Interruptions resulting from line problems or other problems at the Service location.

· Interruptions resulting from acts of God, inclement weather, war, terrorist activity, governmental delays, strikes, shortages of equipment or material, power failure or third-party service interruptions.

Server Restrictions
SUBSCRIBER shall not to run any servers in conjunction with the Service, including but not limited to electronic mail, web, FTP or game servers. In the event SUBSCRIBER attempts to utilize a server on RB's network, RB may, at its sole discretion, terminate the Service or increase the fees associated with the Service. SUBSCRIBER may not sell, license, rent, given or otherwise allow people outside of SUBSCRIBER's immediate household to use the Service.

IP Addresses
RB may assign SUBSCRIBER IP address in connection with providing the Service. Any IP address assigned is controlled by RB and is provided to SUBSCRIBER only during the time that SUBSCRIBER uses the RB Service. Any assigned IP address is not transferable, and SUBSCRIBER will not be allowed to maintain the IP address if SUBSCRIBER discontinues use of the Service. RB may change any IP address at any time without notice or liability to SUBSCRIBER. RB will use reasonable efforts to avoid any disruption to SUBSCRIBER by notifying SUBSCRIBER at least 7 days via e-mail before changing static IP addresses.

Limitations of Liability and Indemnification
If SUBSCRIBER experiences a substantial reduction in transmission speed or significant interruption or failure in the Service, SUBSCRIBER will promptly notify RB and RB will use commercially reasonable efforts to restore the Service as soon as possible. If the failure in Service is due to the fault of RB and the Service is not restored by the end of the next business day following SUBSCRIBER's notification of failure (the repair period), RB will provide a credit to SUBSCRIBER of an amount equal to 1/30th of the Monthly Service Fee for each period of 24 consecutive hours after the repair period Service is not restored, provided the maximum credit shall not exceed the Monthly Service Fee. SUCH CREDIT SHALL BE SUBSCRIBER's SOLE REMEDY FOR SERVICE INTERRUPTION, and shall be calculated based on RB's records.

Neither RB nor it subcontractors will be liable for any loss of data or damage to hardware that occurs during installation, maintenance or any other service performed on SUBSCRIBER's computer in support of RB Services. It is SUBSCRIBER's responsibility to completely back up SUBSCRIBER's computer prior to installation, maintenance or other Service. RB and its contractors are not responsible for any problems with SUBSCRIBER's computer following installation, maintenance or any subsequent service performed on SUBSCRIBER's computer in support of the RB Service. SUBSCRIBER's SOLE REMEDY FOR LOSSES DUE TO THE FAULT OF RB IN INSTALLING OR MAINTAINING EQUIPMENT OR SUBSCRIBER's USE OF THE SERVICE SHALL BE LIMITED TO THE SUM OF THE FEES PAID TO RB UP TO THE TIME THE LOSS IS INCURRED OR $500, WHICHEVER IS LESS.

Neither RB nor its network Service supplier will be liable for unauthorized access to or alteration, theft or destruction of SUBSCRIBER's data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of cause.

This Service is provided on an "as is" and "as available" basis without warranties of any kind either express or implied, except as expressly set forth herein, including but not limited to warranties of title, non-infringement or implied warranties of MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. Neither RB nor its affiliates warrant that this Service will be uninterrupted or error free or that any information, software or the material accessible on the Service are free of viruses or other harmful components.

SUBJECT TO THE LIMITATIONS SET FORTH HEREIN, ANY LIABILITY OF RB ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES, AND NEITHER PARTY SHALL HAVE ANY LIABILITY FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL AND SPECIAL DAMAGES, LOSS OF USE, BUSINESS INTERRUPTIONS AND LOSS OF PROFITS) IRRESPECTIVE OF WHETHER THE PARTY HAS ADVANCE NOTICE OF THE POSSIBLITY OF ANY SUCH DAMAGES.

RB'S TOTAL LIABILITY TO ANYONE UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNTS SET FORTH ABOVE.

SUBSCRIBER agrees to indemnify, defend and hold RB harmless from any LOSS, LIABILITY, EXPENSE OR claims arising out of the use of the equipment and/or the Service by SUBSCRIBER or OTHERS UTILIZING SUBSCRIBER's account, including without limitation the placement or transmission of any message, information, software or other materials on the Internet.

The foregoing limitations on liability and indemnification provisions shall apply to and inure to the benefit of RB, its successors, assigns and affiliates, and their respective owners, employees, agents and representatives.

Complete Agreement and Severability
This AGREEMENT supersedes any prior written or oral agreement between the parties, and represents the complete understanding between RB and SUBSCRIBER. If any provision of this AGREEMENT is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this AGREEMENT will remain in full force and effect.

Headings
The headings in this AGREEMENT are for convenience of reference only and shall not affect the meaning or interpretation of this AGREEMENT.

Amendment
RB reserves the right to change the terms and conditions of this AGREEMENT and/or any collateral agreements referenced herein, including the Acceptable Use Policy and the fee schedule, by notifying SUBSCRIBER on the RB's Web site (linked from home page) or by e-mail at least 30 days in advance of the effective date of the change. Use by SUBSCRIBER after the effective date constitutes acceptance of the new terms and conditions. The Monthly Service Fee shall not be changed during the initial term of this AGREEMENT.

Evidentiary Use of Services
SUBSCRIBER's use of the Service is SUBSCRIBER's agreement to the terms and conditions set forth herein. RB shall not be required to produce or account for an original document signed by SUBSCRIBER if RB can show that the terms of this AGREEMENT and RB's Acceptable Use Policy were made readily available at RB's website at www.resortbroadband.com.