.: Equipment Agreement :.

1. Installation; Equipment and Cabling.
(a) The installation services and related equipment that will be available from DPIS for a standard installation are as described in DPIS's list of charges. Other services that may be available from DPIS at additional charges for a non-standard installation are also described in DPIS's list of charges. If self-installation is available from DPIS and elected by Subscriber, DPIS will provide kits and instructions and any related installation services as described in the list of charges. Subscriber authorizes DPIS to make any preparations to the premises necessary for the installation, maintenance or removal of equipment.

(b) Any equipment provided by DPIS to Subscriber (other than any Network Interface Card ("NIC") installed in the Computer) will be considered "DPIS Equipment" and will be subject to Section 1(g) below. Any cabling installed by DPIS will remain the property of DPIS except as otherwise required by applicable law.

(c) DPIS will have no obligation to install, support, maintain, repair or replace (x) any Computer; or (y) any antenna, radio, or cabling or other equipment that is not DPIS Equipment. DPIS will not support, repair, replace or maintain any NIC, regardless of whether provided and installed by DPIS.

(d) DPIS and its authorized agents may enter Subscriber's premises and have access to Subscriber's Computer(s) periodically during the term of this Agreement and after its termination to install, connect, inspect, maintain, repair, replace or alter the DPIS Equipment, or to disconnect and remove the DPIS Equipment.

(e) DPIS shall have the right to upgrade, modify and enhance it’s equipment from time to time through "downloads" from the network or otherwise. Without limiting the foregoing, DPIS may, at any time, employ such means to limit the throughput available through individual radios whether or not provided by DPIS.

(f) If Subscriber is not the owner of the premises upon which Equipment is to be installed, Subscriber warrants that he/she has obtained the consent of the owner of the premises for DPIS personnel and/or its agents to enter the premises for the purposes described in Section 1. Subscriber shall indemnify and hold DPIS harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement.

(g) DPIS Equipment and Cabling.
• (i) The DPIS Equipment is and at all times shall remain the sole and exclusive personal property of DPIS, and Subscriber shall acquire no interest therein by virtue of the payments provided for herein or the attachment of any portion of the Equipment to the Subscriber's residence or otherwise.

• (ii) Subscriber will not open, alter, misuse, tamper with or remove the DPIS Equipment as and where installed by DPIS, and will not remove any markings or labels from the DPIS Equipment indicating DPIS ownership or serial or identity numbers. Subscriber will safeguard the DPIS Equipment from loss or damage of any kind, and (except for any self installation procedures approved by DPIS) will not permit anyone other than an authorized representative of DPIS to perform any work on the DPIS Equipment.

• (iii) Upon termination of the ISP Service to Subscriber, for whatever reason, Subscriber acknowledges that his/her right to possess and use the DPIS Equipment shall likewise terminate. In such event, the DPIS Equipment shall be returned to DPIS in the same condition as when received, ordinary wear and tear excepted. Subscriber will promptly return the DPIS Equipment or notify DPIS to schedule retrieval by DPIS. If Subscriber does not promptly return the DPIS Equipment or schedule retrieval, DPIS may enter any premises where the DPIS Equipment may be located for the purpose of disconnecting and retrieving the DPIS Equipment. Failure of DPIS to remove its DPIS Equipment shall not be deemed an abandonment. Subscriber will pay the expense incurred by DPIS in any retrieval of the unreturned DPIS Equipment from Subscriber. DPIS may charge Subscriber a continuing monthly fee until any remaining DPIS Equipment is returned, collected by DPIS or fully paid for by Subscriber in accordance with Section 1(g)(iv). The current fee is listed in the list of charges on the price list or can be provided on request.

• (iv) If the DPIS Equipment is damaged, destroyed, lost or stolen while in Subscriber's possession, Subscriber shall be liable for the cost of repair or replacement of the DPIS Equipment. If the DPIS Equipment is not returned to or retrieved by DPIS as described in Section 1(g)(iii) upon termination of the ISP Service, Subscriber will pay DPIS, on demand, the amount specified in the then-current price list for the replacement cost of the DPIS Equipment without any deduction for depreciation, wear and tear or the physical condition of such DPIS Equipment. Subscriber agrees that if he/she fails to return the DPIS Equipment, DPIS can charge Subscriber's credit card for the amounts described in Sections 4(g)(iii) and 4(g)(iv), in addition to any other remedies or collection efforts. If DPIS is charging a security deposit, the obligations of DPIS regarding such security deposit shall be governed by the terms of the deposit receipt provided by DPIS to Subscriber at the time the deposit is collected.

• (v) Upon termination of the ISP Service, subject to applicable law and regulation, DPIS may, but shall not be obligated to, remove any cabling installed by DPIS on Subscriber's premises.

(h) Software. To the extent any Software is licensed by DPIS (such as self installation tools, but not including any browser or client Software provided by ISP as part of the ISP Service), such Software is provided for the limited purpose of facilitating Subscriber's use of the ISP Service as described in this Agreement. Subscriber will not engage in, or permit, any additional copying, or any translation, reverse engineering or reverse compiling, disassembly or modification of or preparation of any derivative works based on the Software, all of which are prohibited. Subscriber will return or destroy all Software provided by DPIS and any related written materials promptly upon termination of the ISP Service to Subscriber for any reason. All other Software is licensed under the ISP Terms and is not the responsibility of DPIS.