.: Wireless High Speed Service Agreement :.

READ THIS AGREEMENT CAREFULLY BEFORE USING THE DPIS WIRELESS HIGH SPEED SERVICES.

1.INTRODUCTION.
Dos Palos Internet Service (“DPIS”) is offering to qualifying DPIS Members (“Members”) the DPIS Wireless High Speed Service. By establishing an account for use of the DPIS Wireless High Speed Service, you agree to be bound by this DPIS Wireless High Speed Service Agreement (the “DPIS Wireless High Speed Service Agreement”) and to use the DPIS Wireless High Speed Service in compliance with this Agreement and the DPIS Acceptable Use Policy.

If you do not agree to the terms and conditions of this DPIS Wireless High Speed Service Agreement, you must terminate your use of the DPIS Wireless High Speed Service under Subsection 8.

2.QUALIFYING CRITERIA.
Members must be at least 18 years old. Access points or enabled venues may not be available in all areas.

3.PAYMENT OBLIGATIONS.
Members must (i) provide DPIS with accurate and complete billing information including legal name, address, telephone number, billing information, and (ii) report to DPIS all changes to this information within thirty (30) days of the change. Members are responsible for any charges to their account.

Members having questions regarding charges to an account should contact DPIS’s Business Office at 209-392-1962. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old.

Charges for the DPIS Wireless High Speed Service are billed monthly for the basic service and any additional usage or services. DPIS is not responsible for any charges or expenses (e.g. for overdrawn accounts, etc.) resulting from charges billed by DPIS.

If you pay for DPIS Wireless High Speed Service through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan.

Delinquent accounts may be suspended or canceled at DPIS’s sole discretion; however, charges will continue to accrue until the account is canceled. DPIS may bill an additional charge to reinstate a suspended account.

DPIS reserves the right to change prices and institute new fees at any time upon 30 days prior notice.

4.THE DPIS WIRELESS HIGH SPEED SERVICE.
Upon DPIS’s acceptance of your registration for the DPIS Wireless High Speed Service, DPIS will provide you with username and password. You and members of your household are the only authorized users of your DPIS account and must comply with this Agreement. You must keep your password confidential so that no one else may access the DPIS Wireless High Speed Service through your account. You must notify DPIS immediately upon discovering any unauthorized use of your account.

Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Usernames and passwords are DPIS’s property and DPIS may alter or replace them at any time.

5.MONITORING THE DPIS WIRELESS HIGH SPEED SERVICE.
DPIS has no obligation to monitor the DPIS Wireless High Speed Service, but may do so and disclose information regarding use of the DPIS Wireless High Speed Service for any reason if DPIS, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the DPIS Wireless High Speed Service properly; or protect itself and its Members. Please see our Privacy Policy at www.dospalos.org/privacy.html. DPIS may immediately remove your material or information from DPIS’s servers, in whole or in part, which DPIS, in its sole and absolute discretion, determines to infringe another’s property rights or to violate our Acceptable Use Policy at www.dospalos.org/aup.html.

6. PROHIBITED USES OF THE SERVICE.
Customer shall not use the DPIS Equipment or the Service, directly or indirectly, for any unlawful purpose. Use of the DPIS Equipment or Service for transmission or storage of any information, data or material in violation of any U.S. federal, state or local regulation or law is prohibited. This includes, but is not limited to, posting or disseminating content which is obscene, unlawful, defamatory, or which infringes the intellectual property of any person.

In addition, Customer agrees not to:
a) post, transmit or disseminate objectionable information, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, federal or international law, order or regulation;

b) access any other person's computer, software, or data of any other person, without the knowledge and consent of such person;

c) upload, post, publish, transmit, reproduce, create derivative works from, or distribute in any way, information, software or other material through the Service which is protected by copyright or other proprietary right, without obtaining permission of the owner;

d) copy, distribute or sublicense any software provided by DPIS, except that Customer may make one copy of each software program for back-up purposes only;

e) service, alter, modify or tamper with the DPIS Equipment or Service or permit any other person to do the same that is not authorized by DPIS.

f) restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy DPIS equipment or services, including, without limitation, posting or transmitting any information or software which contains a virus or other harmful feature, or generating levels of traffic sufficient to impede others' ability to send or retrieve information;

g) knowingly disrupt the Service;

h) RESELL THE SERVICE OR OTHERWISE CHARGE OTHERS TO USE THE SERVICE, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, OR ON A BUNDLED OR UNUNBUNDLED BASIS. THE SERVICE IS TO BE USED SOLELY IN A PRIVATE RESIDENCE; LIVING QUARTERS IN A HOTEL, HOSPITAL, DORM, SORORITY OR FRATERNITY HOUSE, OR BOARDING HOUSE; OR THE RESIDENTIAL PORTION OF A PREMISES WHICH IS USED FOR BOTH BUSINESS AND RESIDENTIAL PURPOSES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SERVICE IS FOR PERSONAL AND NON-COMMERCIAL USE ONLY AND CUSTOMER AGREES NOT TO USE THE SERVICE FOR OPERATION AS AN INTERNET SERVICE PROVIDER, A SERVER SITE FOR FTP, TELNET, RLOGIN, E-MAIL HOSTING, "WEB HOSTING" OR OTHER SIMILAR APPLICATIONS, FOR ANY BUSINESS ENTERPRISE, OR AS AN END-POINT ON A NON-DPIS LOCAL AREA NETWORK OR WIDE AREA NETWORK, OR IN CONJUNCTION WITH A VPN (VIRTUAL PRIVATE NETWORK) OR A VPN TUNNELING PROTOCOL; or

i) connect the DPIS Equipment to any computer outside of the Customer's premises.

DPIS reserves the right to immediately terminate this Agreement and the Service if Customer engages in any of the activities listed above or if Customer uses the DPIS Equipment or Services in a way which is contrary to any other DPIS policy. Copies of such policies are available as described in Section 6(d) and at such other websites as may be specified by DPIS or from time to time. This Section 6 shall not in any way limit DPIS's rights of termination pursuant to Section 7(a) of this Agreement. Customer agrees to indemnify and hold harmless DPIS and against all claims and expenses (including reasonable attorney fees) resulting from Customer engaging in any of the activities listed above. This provision will survive termination of this Agreement.

The Acceptable Use Policy (the "Acceptable Use Policy"), found on the website at http://www.dospalos.org/aup.html (or at the applicable successor URL), and which is incorporated herein by reference, applies to the Service and may, in fact, limit the use of the Service. Customer expressly understands and agrees that the Acceptable Use Policy may be updated from time to time by DPIS, with or without notice to the Customer, and any such revised version of the revised Acceptable Use Policy shall be posted to the foregoing websites. The Customer should consult the Acceptable Use Policy regularly to ensure that Customer's activities conform to the most recent version of that policy. DPIS may terminate the Customer's Service immediately for violation of such policies.

7.DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.
THE DPIS WIRELESS HIGH SPEED SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DPIS DOES NOT WARRANT THAT THE DPIS WIRELESS HIGH SPEED SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. DPIS MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE DPIS WIRELESS HIGH SPEED SERVICE. NO ADVICE OR INFORMATION GIVEN BY DPIS OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. DPIS, ITS EMPLOYEES, AND DPIS’S SUPPLIERS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE DPIS WIRELESS HIGH SPEED SERVICE INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, DPIS’S CUMULATIVE LIABILITY TO ANY DPIS MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE DPIS WIRELESS HIGH SPEED SERVICE SHALL NOT EXCEED $500.00.

8. TERM OF AGREEMENT.
Continued use of the DPIS Wireless High Speed Service constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the DPIS Wireless High Speed Service or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the DPIS Wireless High Speed Service and, if you are a Member, to terminate your account.

9. TERMINATION.
You may terminate your account at any time and for any reason by providing notice of intent to terminate to DPIS by: ·registered or certified mail, return receipt requested, addressed to DPIS, 2218 Blossom St, Dos Palos, CA. 93629; or ·telephone call directed to DPIS Business Office at 209-392-1962.

E-mail termination of your DPIS Wireless High Speed Service account will not be accepted. Your termination will only be complete upon your receipt of a cancellation confirmation from DPIS. Charges to your account will stop accruing the day DPIS provides you with a cancellation confirmation. Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation. If your account included space on DPIS’s servers, anything stored on this space will be deleted upon termination.

Without prior notice, DPIS may terminate this Agreement, your password, your account, or your use of the DPIS Wireless High Speed Service, for any reason, including, without limitation, if DPIS, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due. DPIS may provide termination notice to you by: e-mail addressed to your e-mail account or by US Mail or courier service to the address you provided for the DPIS Wireless High Speed Service. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.

Sections 3, 4, 5, and 9 of this Agreement shall survive termination of this Agreement.

10.JURISDICTION.
Under California Civil Code Section 1789.3, parties to this DPIS Wireless High Speed Service Agreement who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254.

This DPIS Wireless High Speed Service Agreement is governed by California law without regard to conflict of law provisions.

Any controversy or claim arising out of or relating to this DPIS Wireless High Speed Service Agreement, or the breach thereof, shall be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration will be governed by California law and will be held in Fresno, California. The arbitrator will be an expert in the field of Internet services. The Arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There shall be no class action arbitration pursuant to this DPIS Wireless High Speed Agreement.

11.MISCELLANEOUS.
DPIS may revise, amend, or modify this DPIS Wireless High Speed Service Agreement, the Acceptable Use Policy and any other user policies and agreements, at any time and in any manner. Notice of any revision, amendment, or modification will be posted on DPIS’s web site (http://www.dospalos.org), by e-mail and/or in our various publications and mailings to Members. In the event that any provision of this Agreement is found to be invalid or unenforceable, the remainder of this DPIS Wireless High Speed Service Agreement will remain valid and enforceable according to its terms.