Beech Grove Wireless reserves the right to change this Agreement at any time by posting changes online on the Beech Grove Wireless 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 "Beech Grove Wireless Pricing" offering to obtain timely notice of such changes. Your continued use of Beech Grove Wireless 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 Beech Grove Wireless subscription is terminated either by you or by Beech Grove Wireless pursuant to the terms hereof. You remain obligated for all amounts then due Beech Grove Wireless even after termination.

1. ESSENTIALS OF YOUR SUBSCRIPTION

1.1.

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 Beech Grove Wireless in accordance with this Agreement. You may terminate your Beech Grove Wireless subscription at any time, with or without cause, upon notice to Beech Grove Wireless; provided that you are responsible for all charges, which have been incurred; and returned your CPE, prior to your termination. Beech Grove Wireless may terminate or suspend your Beech Grove Wireless subscription at any time, with or without cause, with or without notice. Your Beech Grove Wireless 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 Beech Grove Wireless homepage at: www.beechgrovewireless.com.

1.2.

Beech Grove Wireless 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 Beech Grove Wireless 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, sub-license or otherwise distribute your right or access to your account outside of your household.

1.3.

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 Beech Grove Wireless 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.

1.4.

You acknowledge and agree that the party being billed for your Beech Grove Wireless 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.

1.5.

You agree to be bound by the terms of the Beech Grove Wireless subscription Agreement which may be amended from time to time.

2. BEECH GROVE WIRELESS USAGE

2.1.

As a condition of your use of Beech Grove Wireless, you warrant to Beech Grove Wireless that you will not use Beech Grove Wireless for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Any unauthorized commercial use of Beech Grove Wireless, 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 Beech Grove Wireless 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 Beech Grove Wireless.

2.2.

You agree not to do any of the following while being connected to Beech Grove Wireless:

• Use Beech Grove Wireless 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, 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 Beech Grove Wireless or violate the regulations, policies, or procedures of such networks.
• Attempt to gain unauthorized access to Beech Grove Wireless, other Beech Grove Wireless accounts, or computer systems or networks connected to Beech Grove Wireless 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 Beech Grove Wireless 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.

2.3.

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

2.4.

Any customer attempting to harm or cause damage to Beech Grove Wireless 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.

2.5.

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

2.6.

Beech Grov Wireless has no obligation to monitor anyone's use of Beech Grove Wireless or retain the content of any user session. However, Beech Grove Wireless 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 Beech Grove Wireless' possession, however obtained, about or related to you, your use of Beech Grove Wireless or otherwise as Beech Grove Wireless deems necessary or useful to satisfy any applicable law, regulation, legal process, or governmental request.

2.7.

When using Beech Grove Wireless, you are subject to all the rules specified by the services and Web sites you visit. This includes other Beech Grove Wireless 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 Beech Grove Wireless may take appropriate action just as if you had violated this Agreement.

2.8.

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

2.9.

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

3. CHARGES AND BILLING

For charges and billing, please refer to the terms and conditions contained in the Beech Grove Wireless subscription Agreement and the Beech Grove Wireless 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. Beech Grove Wireless 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. 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. Beech Grove Wireless is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Beech Grove Wireless. You agree to maintain valid and current credit card information on file with Beech Grove Wireless at all times.

4. OPERATION

4.1.

Beech Grove Wireless reserves complete and sole discretion with respect to the operation of Beech Grove Wireless. Beech Grove Wireless may, among other things: (a) take any action (legal and/or technical) that Beech Grove Wireless deems appropriate to prevent bulk email from entering or leaving any Beech Grove Wireless email account; (b) delete email if it has not been accessed by you within a time established by Beech Grove Wireless from time to time, in its sole discretion; (c) not process email or instant messages due to space limitations; (d) make available to third parties information relating to Beech Grove Wireless 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 Beech Grove Wireless; and, (f) withdraw, suspend, change, or discontinue any functionality or feature of Beech Grove Wireless. The amount of email message storage space per customer may be limited; therefore some email may not be processed due to space constraints. You agree that Beech Grove Wireless 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 Beech Grove Wireless' 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 Beech Grove Wireless' discretion, be suspended and be transferred to a compressed temporary file or storage or may be deleted. Beech Grove Wireless 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.

4.2.

A Beech Grove Wireless 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 Beech Grove Wireless 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.

4.3.

Beech Grove Wireless 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 Beech Grove Wireless's Privacy Policy.

4.4.

The subscription speed can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of Beech Grove Wireless. Beech Grove Wireless 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, Beech Grove Wireless will NOT be able to increase the line speed once the connection is stabilized. Some services may require the use of specific hardware and/or software and may be limited by specific geographic location.

4.5.

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. Beech Grove Wireless 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 Beech Grove Wireless homepage at www.beechgrovewireless.com. Beech Grove Wireless may change its POP numbers at any time. Beech Grove Wireless 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 Beech Grove Wireless' property and Beech Grove Wireless may alter or replace them at any time.

5. POSTING TO BEECH GROVE WIRELESS

5.1.

Beech Grove Wireless does not claim ownership of the materials you provide to Beech Grove Wireless (including feedback and suggestions) or post, upload, input, or submit to any Beech Grove Wireless 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 Beech Grove Wireless, 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. Beech Grove Wireless is under no obligation to post or use any Submission you may provide and Beech Grove Wireless 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.

6. TECHNICAL SUPPORT

6.1.

Beech Grove Wireless offers free telephone and e-mail support to assist customers with the setup and configuration of Beech Grove Wireless Internet accounts.

6.2.

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

6.3.

Beech Grove Wireless 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. Beech Grove Wireless 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).

6.4.

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

6.5.

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

6.6.

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

7. LINKS TO THIRD PARTY SITES

The links included within Beech Grove Wireless and/or its related Web sites may let you leave Beech Grove Wireless and visit third party sites (linked sites). The linked sites are not under the control of Beech Grove Wireless and Beech Grove Wireless 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. Beech Grove Wireless is not responsible for Web casting or any other form of transmission received from any linked site. Beech Grove Wireless is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Beech Grove Wireless 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 Beech Grove Wireless 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. Beech Grove Wireless shall not be responsible or liable for any part of any such dealings or promotions.

8. DISCLAIMER/LIMITATION OF LIABILITY

You specifically agree that Beech Grove Wireless 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 Beech Grove Wireless You specifically agree that Beech Grove Wireless 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 Beech Grove Wireless is not responsible for any content sent using and/or included in Beech Grove Wireless by you or any third party. Your use of Beech Grove Wireless, all Beech Grove Wireless software, equipment or software provided by Beech Grove Wireless or its designated service providers, and Beech Grove Wireless services (including installation services) is at your own risk. Beech Grove Wireless, its resellers, distributors, service providers, and/or suppliers make no representations about the suitability, reliability, usability, availability, timeliness, and accuracy of Beech Grove Wireless for any purpose. Beech Grove Wireless, its resellers, distributors, service providers and/or suppliers do not warrant that access to or use of Beech Grove Wireless will be uninterrupted or error free, that customers will be able to access Beech Grove Wireless at any time or in any geographic area, or that Beech Grove Wireless, Beech Grove Wireless software, services or related equipment will meet any particular criteria of performance or quality.

BEECH GROVE WIRELESS, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO BEECH GROVE WIRELESS 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 WORKMAN LIKE 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 Beech Grove Wireless, 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 Beech Grove Wireless any Beech Grove Wireless software, Beech Grove Wireless services (including installation services), related equipment or related Web sites, with the delay or inability to use Beech Grove Wireless, any Beech Grove Wireless software, related equipment or related Web sites, the provision of 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 Beech Grove Wireless, or otherwise arising out of the use of Beech Grove Wireless, whether based on contract, tort, negligence, strict liability or otherwise, even if Beech Grove Wireless or any of its suppliers has been advised of the possibility of damages. Beech Grove Wireless' liability to you for breach of this agreement is limited to the amount actually paid by you to Beech Grove Wireless for access to and use of Beech Grove Wireless You hereby release Beech Grove Wireless 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 BEECH GROVE WIRELESS, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT SIGN UP FOR A BEECH GROVE WIRELESS ACCOUNT OR TO TERMINATE YOUR BEECH GROVE WIRELESS ACCOUNT.

9. INDEMNIFICATION

You agree to indemnify and hold Beech Grove Wireless, 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 Beech Grove Wireless. Beech Grove Wireless will notify you within a reasonable period of time of any claim for which Beech Grove Wireless 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 Beech Grove Wireless' interests, as reasonably determined by Beech Grove Wireless. Beech Grove Wireless will select its legal counsel for defense of any claim.

10. NOTICES

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

11. SPAM

Beech Grove Wireless 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. Beech Grove Wireless may, in its sole discretion pursue actual damages or if actual damages cannot be reasonably calculated in Beech Grove Wireless's opinion, you agree to pay Beech Grove Wireless 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 Beech Grove Wireless may charge such damages to your designated account as specified by you for payment of Beech Grove Wireless charges and that the amount of $5.00 for each piece of spam or unsolicited bulk email transmitted represents a reasonable estimate of damages.

12. GENERAL

Except where prohibited by applicable law, this Agreement is governed by the laws of the State of Indiana, and you consent to the exclusive jurisdiction and venue of courts in Marion County, Indiana for all disputes arising out of or relating to your use of Beech Grove Wireless or your Beech Grove Wireless subscription. Use of Beech Grove Wireless 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.

13. CHANGES AND AMENDMENTS

Beech Grove Wireless reserves the right to change this Agreement at any time by posting changes online on the Beech Grove Wireless 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 Beech Grove Wireless thirty (30) days after changes are posted constitutes your acceptance and consent to this Agreement as modified by the posted changes.