MSATB Terms Of Service:

THIS SUBSCRIBER SERVICES AGREEMENT is entered into between MSATB Inc. with offices at 1244 South State Street, Lemont Illinois 60439, (hereinafter referred to as "MSATB"), and the individual subscriber using MSATB services (hereinafter "Subscriber") to provide certain Internet access system ("IAS") services to the Subscriber's residential apartment/condominium home described below (said residential apartment/condominium home hereinafter referred to as the "Property") under the following terms and conditions:

Services Provided:

1.1 Use of IAS, E-Mail Storage.  Subject to the compliance by Subscriber with all Terms and Conditions of this Agreement, and in exchange for recurring payment of subscription fees, Subscriber shall have the right to use the IAS for accessing the Internet, and for sending and receiving e-mail.  Subscriber shall have the right to store up to and including ten Megabytes (10 MB) of e-mail data on the MSATB server. Subscriber shall be automatically charged a monthly storage for each Megabyte of data in excess of the Free Storage Amount, as described in Section 3.1 (c) below.

1.2 Technical Support.  During the term of this Agreement MSATB shall provide technical support via telephone to Subscriber of a minimum of 40 Hours, 5 days a week.  The Technical Support Phone number is 1-800-xxx-xxx.

1.3 Scope of Services.  The term "Services" as used throughout this Agreement shall include all services and equipment provided by or through MSATB, including without limitation, Internet access, e-mail, storage, technical support and the licensing of MSATB or third party software.

1.4 Limitation & Exclusivity of Services.  With respect to any software and documentation provided under this Agreement, such software and documentation are provided to Subscriber for use only (i) with the Internet access service offered by MSATB in conjunction with the distribution of such software and documentation and (ii) in accordance with the terms of this Agreement.  No right or license is granted to use the software or documentation with any other Internet access or other network service. Subscriber expressly acknowledges that MSATB reserves and shall have the right to discontinue any and all Services to Subscriber at any time, without prior notice or liability, for any conduct which MSATB Networks, in its sole and unfettered discretion, determines to violate the Agreement or is otherwise harmful to MSATB interests or the interest of others.

1.5 Virus, File-Sharing, Spamming, and Bandwidth Abuse:  The IAS is a community-based service in which the quality of service level is adversely impacted by the virus attacks, spamming, uncontrolled peer-to-peer file sharing, and running servers on the network.  In order to preserve the value of the network MSATB has implemented the following requirements and procedures. Subscribers that exceed three warnings regarding abuse may be subjected to a re-connect fee. See Section 3, Payments of Costs and Fees.

(a)   Virus protection: Subscriber is required and agrees, at its sole cost and expense, to procure and maintain anti-virus software and keep it current with the latest updates.  In addition Subscriber is required to maintain the most recent security patches for its computer's operating system.  Violation of this policy is grounds for immediate termination of network access rights. To enhance virus protection, MSATB  may also perform basic filtering of port 135(RPC) and some NetBIOS ports.
(b) Peer-to-peer file sharing: MSATB does not support unrestricted peer-to-peer file sharing and related downloads. File-sharing programs, at the sole discretion of MSATB, may be limited in order to preserve the capacity of the network.  Service to Subscribers that continue to use an inordinate level of bandwidth due to peer-to-peer file sharing and related downloads after being informed by MSATB of the unacceptable usage, may be terminated without notice.
(c)Spamming:  Spamming (the transmission of unsolicited email) is not an acceptable use of the MSATB network and violation will result in immediate termination of network access.

Subscriber's Obligations:

 2.1 Software and Hardware. Subscriber shall, at its sole cost and expense, procure and maintain the hardware and software for Subscriber's personal computers and related equipment ("Subscriber's PCs") so that Subscriber's PCs are compatible with the LAN  ("Local Area Network"), which MSATB has installed, and so that Subscriber's PCs are compatible with the IAS.  In addition, Subscriber shall be responsible for maintaining the security of its account, password, files, network and user access, and any information Subscriber might disseminate through MSATB Services or other Internet services, and for all use of Subscriber's account with MSATB with or without Subscriber's knowledge or consent. Subscriber is required, at its sole cost and expense, to procure and maintain anti-virus software and keep it current with the latest updates. In addition Subscriber is required to maintain the most recent security patches for its computer's operating system.  Violation of this policy is grounds for immediate termination of network access rights.

2.2 Use and Conduct.  Subscriber agrees to use the IAS in complete
compliance with the Terms and Conditions set forth in this Agreement.
Subscriber acknowledges that failure to comply with the Terms and Conditions shall give rise to the right of either Property and/or MSATB to unilaterally terminate Subscriber's connection with the IAS, pursuant to the provisions of Section 4 below. In addition, subscriber expressly consents to MSATB right to download a Property specific web site onto Subscriber's PC Systems in utilization of the Services provided hereunder.

2.3  Representations and Warranties. Subscriber represents, warrants, covenants and agrees that he/she will not engage in any of the following types of conduct ("Prohibited Use and/or Activities") in utilizing the IAS:

(a)  Transmitting, receiving, displaying, printing, forwarding, or
otherwise disseminating material that is fraudulent, illegal, harassing,
offensive, embarrassing, sexually explicit, obscene, threatening,
defamatory, or constitutes illegal content of any kind (to the extent
permitted by law);
(b)  Uploading, transmitting, receiving, displaying, printing, forwarding or otherwise disseminating material, content, communication, information or software that contains a virus, trojan horse, self replicating code, or other harmful component;
(c)  Uploading, transmitting, receiving, displaying, printing, forwarding or otherwise disseminating material, content, communication, information or software which is protected by patent, copyright, trademark, rights of privacy, or other proprietary rights without first obtaining any necessary permission of the owner of such rights;
(d)  Utilizing the IAS to commit a crime, or to plan, encourage, aid,
abet, help or assist others to commit a crime, give rise to civil liability,
or otherwise violate any local, state, national or international law,
including without limitation, the U.S. export control laws and regulations;
(e)  Utilizing the IAS in such a manner so as to violate the terms and
conditions, operating rules or security requirements of any other computer network or interactive service;
(f)  Utilizing the IAS to flood a use group or other online system with unsolicited,
inappropriate or unwanted e-mail ("Spam");
(g)  Utilizing the IAS to send an electronic message or file via the Internet in such a manner so as to make the message or file to appear to originate from a false source, such as another Internet user or domain altogether ("Spoofing"); and
(h)  Utilizing the IAS to host web servers, proxy servers, or any other Internet server. Subscriber agrees, at its sole cost and expense, to procure and maintain anti-virus software and keep it current with the latest updates.  In addition Subscriber is required to maintain the most recent security patches for its computer's operating system.

2.4 Indemnification. Subscriber agrees to defend (by counsel acceptable to MSATB), indemnify and hold harmless MSATB and their affiliated companies, licensees and independent content providers from all liabilities, claims and expenses, including attorneys' fees, arising from breach, by Subscriber, of the Subscriber Services Agreement or from use of, or in connection with, the transmission by or through the IAS of any Content, including any breach of Subscriber's security on the IAS, other than those caused by the gross negligence or willful misconduct of MSATB, or its employees.  Nothing in this Agreement shall interfere with the right of MSATB  to retain independent counsel with respect to any such claims or proceedings, at the sole expense of MSATB, and in said event, the obligations of Subscriber shall not be amended or changed thereby, but shall continue as herein above provided.

Payment of Costs and Fees:

3.1 Payment of fees.  Subscriber agrees to allow MSATB to charge the credit card specified by Subscriber, the following amounts:
(a) Set-Up Fees:  The costs for the set-up of Subscriber's IAS,
establishing the connection from Subscriber's PC to the LAN, and
establishing an Internet service for the Subscriber, shall be charged each of Subscriber's PCs.  Subscriber acknowledges that this fee is non-refundable and varies from time to time.
(b) Use Charges:  Subscriber shall pay for its use of the IAS pursuant to schedule of fees posted on its sales information sheet for the subscribers property.  Use Charges shall not be modified during the Term.  IAS Use Charges for Subscribers who are on a one-month renewable Term may be changed, upon thirty (30) days advance notice to Subscriber; see Section 4A, below for termination rights upon such event.
(c) E-Mail Storage Charge:  Subscriber shall pay Storage Charges of $2.00 per Megabyte per month, in excess of the Free Storage Amount,
(d) Re-connect Fees:  In the event that Subscribers credit card cannot be charged for any reason, MSATB will disable the connection
between Subscriber's PCs and the IAS, then Subscriber shall be required to pay a re-connect fee up to $49.95.  Termination of the service does not eliminate or reduce the obligation of Subscriber to pay all sums due hereunder incurred prior to termination.
(e) Unreturned Equipment: Subscriber agrees to pay fees defined in
paragraph 4.1 (c) below, for equipment not returned within 10 days from the time of service disconnection.
(f) Multiple Abuse Reactivation Fee: A re-connect fee of $25.00 may apply when any more than three abuse tickets have been opened against the same subscriber.

Termination:

4.1 Term and Termination for Breach
(a) Term:  The term of this agreement shall be month-to-month, subject to a 30-day termination notice.
(b) Subscriber is billed a month in advance for usage:  Unless cancelled thirty (30) days prior to the end of a term, the original term of service shall be renewed for an additional one (l) month term in accordance with the terms and conditions of this agreement.
(c) By Subscriber:  If Subscriber chooses to terminate subscription to the IAS, Subscriber must submit cancellation of service thirty (30) days prior to the end of a term.  Any MSATB equipment and/or cables must be returned to MSATB, at the subscriber’s expense, to 1244 South State Street, Lemont, IL 60439 within ten (10) days of service termination or Subscriber agrees to pay an unreturned equipment fee of $125.00.
(d) By MSATB:  In the event that Subscriber violates the Terms and Conditions of this Agreement, MSATB shall give Subscriber one (1) warning of such violation; upon the second occurrence of any (not necessarily the same) violation, MSATB shall have the right, on one (1) hour notice to Subscriber, to terminate Subscriber's access to the IAS.  Any MSATB equipment and/or cables, must be returned to MSATB immediately.
(e) MSATB reserves the right to terminate any subscriber with
one (1) hour of notice, except in the case of a virus or spamming which shall be immediate, that MSATB at its sole discretion, determines to be an abuser to the IAS.
(f) Reconciliation of Accounts Upon Termination:  In the event that Subscriber's use of the IAS is terminated for any reason, no refund of any fees or credits will be granted.  Upon termination, Subscriber shall remain obligated to pay all charges due hereunder up to and including the date of termination.  In such event, Subscriber shall have no right to be re-connected, except on terms acceptable to MSATB in their sole discretion.

MSATB Liability:

 5.1 Limited Warranty.  MSATB or its subcontractors, shall perform all work for Subscriber under this Agreement in a good and workmanship-like manner by qualified personnel, in accordance with manufacturers and/or suppliers standards and specifications, both respecting materials to be used and manner of installation. Subscriber expressly agrees and acknowledges that use of the IAS, e-mail, and the Internet, are at Subscriber's sole risk, and are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.

5.2 No Other Warranties.  TO THE EXTENT PERMITTED BY LAW, MSATB DISCLAIMS ALL OTHER WARRANTIES ON THE IAS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR
PURPOSE.  MSATB, ITS EMPLOYEES, AGENTS, SUPPLIERS, VENDORS AND DISTRIBUTORS MAKE NO OTHER WARRANY OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY, OR VALIDITY OF THE DATA AND/OR INFORMATION AVAILABLE ON THE IAS OR SERVICES OR RESIDING ON OR PASSING THROUGH ITS INTERCONNECTING NETWORKS, OR THAT MSATB  SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE DURATION OF ANY STATUTORILY REQUIRED WARRANTY PERIOD SHALL BE LIMITED TO THE TERM OF THE LIMITED WARRANTY.  THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, DEPENDING UPON WHERE YOU LIVE.  YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.

5.3 Exclusive Remedy.  Subscriber's exclusive remedy for breach of this Agreement by MSATB, shall be, at MSATB option, either (a) The repair or replacement of the IAS product that does not meet MSATB Limited Warranty; or (b) A refund of the subscription fees Subscriber has paid MSATB under this Agreement over the last twelve (12) months.

5.4 Disclaimer of Consequential Damages.  UNDER NO CIRCUMSTANCES SHALL MSATB BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING OUT OF THE USE OF THE IAS PRODUCT OR SERVICES OR INABILITY TO USE THE IAS PRODUCT, INCLUDING WITHOUT LIMITATION, COMPUTER FAILURE, WORK STOPPAGE OR ANY OTHER DAMAGES, EVEN IF MSATB  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

5.5 Limitation on Liability. MSATB LIABILITY SHALL IN NO EVENT EXCEED THE LESSER OF ONE THOUSAND DOLLARS ($1,000) OR THE LAST TWELVE (12) MONTHS OF SUBSCRIPTION FEES PAID BY SUBSCRIBER TO MSATB HEREUNDER.

Governing Law and Dispute Resolution:

6.1 Arbitration.  The parties agree to submit any dispute arising out of or in connection with this Agreement to binding arbitration in Cook County, Illinois, before the American Arbitration Association pursuant to the provisions of this Section 6.1, and, to the extent not inconsistent with this Section 6.1, the rules of the American Arbitration Association.  The parties agree that such arbitration will be in lieu of either party's rights to assert any claim, demand or suit in any court action, (provided that either party may elect either binding arbitration or a court action with respect to obtaining injunctive relief to terminate the violation by the other party of such party's proprietary rights, including without limitation any trade secrets, copyrights or trademarks).  Any arbitration shall be final and binding and the arbitrator's order will be enforceable in any court of competent jurisdiction.

 6.2 Governing Law; Venue.  The validity, construction, and performance of this Agreement shall be governed by the laws of the State of Illinois, including its conflict of law principles, and all claims and/or lawsuits in connection with this agreement must be brought in Cook County, State of Illinois.

Miscellaneous Provisions:

7.1 Waiver.  The waiver or failure of either party to exercise in any
respect any right provided for in the Subscriber Services Agreement shall not be deemed a waiver of any further right.
7.2 Severability.  If any provision shall be invalid or unenforceable, the remaining provisions shall not be affected thereby, and every provision hereof shall be valid and enforceable to the fullest extent permitted by law.
7.3 Entire Agreement.  This Subscriber Services Agreement is the entire agreement between the parties with respect to the IAS.  Nothing may be amended except by an agreement in writing signed by the parties hereto or their respective successors in interest.  The rights and obligations of Subscriber shall be governed by and construed in accordance with the laws of the State of Illinois.
7.4 Force Majeure.  Neither party shall be held responsible for damages caused by any delay or default due to any contingency beyond its control preventing or interfering with performance hereunder.

Miscellaneous Information:

Subscriber understands that the installation performed by MSATB is a one-time service and that the installation is considered completed when a connection is made to the Internet from the subscribers computer.  In rare circumstances, a computer cannot connect despite the best efforts of the MSATB technician. In such a case, the installation will be considered complete if the technician can demonstrate a connection with their computer. The technician will make recommendations to remedy the problem.

Any additional on-site installation activity will be charged at the rate of $85.00 per hour with a $85.00 minimum. All rates for service or products in this “Terms of Service” document are subject to change and are listed here as an example for informational purposes only. Telephone support directly related to re-installation procedures will be limited to 15 minutes.