WIRELESS ACCESS AGREEMENT

This Wireless Access Agreement is made between You and ROC-net for the purpose of providing You with access to ROC-net's wireless infrastructure (the “Wireless Service”). By accepting this agreement and using the ROC-net Wireless Service, you are agreeing to the following terms and conditions. If you do not agree to these terms, please stop using the ROC-net Wireless Service immediately.

The Wireless Service is provided for the use of a single individual on a single wireless device. Thus, You may not share your account with others, nor may you access your account using more than one wireless device at a time. You may not resell, share, give away, distribute, or sublicense the Wireless Service to any third party, or otherwise use the Wireless Service or any portion thereof to provide Internet connectivity.

In addition to the terms set forth in this Wireless Access Agreement, ROC-net maintains an Acceptable Use Policy (AUP), which You agree to review and follow. ROC-net may amend its AUP from time to time, and you will be governed by the AUP that is posted on ROC-net's website during your most recent use of ROC-net's Wireless Service. From time to time, ROC-net obtains services from other entities to provide the Wireless Service. ROC-net will periodically provide acceptable use policies of such other entities to Customer, and Customer will review and adhere to such policies at all times.

ROC-net may take any measures it deems necessary in its sole discretion to prevent a breach of this Agreement or the AUP, and to minimize harm or disruptions to ROC-net's equipment and customers. Such action may include, without limitation, suspension or termination of your access to the Wireless Service.

You agree to indemnify and hold harmless ROC-net (including its affiliates, subsidiaries, shareholders, officers, directors, employees, contractors, agents and representatives) against any cost, claim, liability or expense which it incurs as a result of or arising out of or related in any way to your use of the Wireless Service.

THE WIRELESS SERVICE IS PROVIDED "AS IS, AS AVAILABLE, AND WITH ALL FAULTS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE WIRELESS SERVICE IS NOT GUARANTEED TO BE ERROR FREE, UNINTERRUPTED, SECURE OR ALWAYS AVAILABLE OR AVAILABLE WITH SUFFICIENT CAPACITY.

ROC-NET IS NOT RESPONSIBLE FOR THE SERVICES OR PRODUCTS OFFERED BY OTHERS ON THE INTERNET, NOR IS ROC-NET THE PUBLISHER OF ANY INFORMATION ON THE INTERNET THAT IS PROVIDED BY OTHERS. ROC-NET MAKES NO COMMITMENT TO REVIEW, MONITOR OR FILTER ANY SERVICE, PRODUCT, INFORMATION, PROGRAMS, DATA, OR CONTENT SENT, ACCESSED, OFFERED OR ADVERTISED OVER THE INTERNET OR OTHERWISE MADE AVAILABLE TO CUSTOMER BY ANY INDIVIDUAL, INFORMATION PROVIDER, OR ON-LINE SERVICE OR CONTENT PROVIDER.

Except as provided in a separate written agreement between you and ROC-net, your use of the Wireless Service is governed exclusively by this Agreement. However, in case any term of the Agreement is deemed inconsistent with the terms of a separate written agreement, the terms of the separate written agreement shall control.

Either ROC-net or You may terminate this Agreement and your use of the Wireless Service at any time and for any reason. If ROC-net chooses to terminate your service, it will refund any unused portion of the amount You paid for the Wireless Service.

DELIVERY METHOD AND TIMING

The Wireless Service will be delivered using carrier-class wireless broadcast equipment transmitting in an unlicensed spectrum. You will be responsible for supplying and configuring all software and hardware necessary to receive and utilize the Wireless Service, such as a personal computer or handheld device, wireless reception equipment, drivers, and Internet browsing software.

The Wireless Service will be available within five minutes after You have provided all account and payment information necessary to process your application for service.

RETURNS AND REFUNDS

In the event of a disruption in the Wireless Service that lasts more than five (5) minutes, ROC-net will, regardless of the hour or day of such disruption, provide You with an Outage Credit, calculated by multiplying the Per-Minute-Equivalent by the total number of minutes of each outage. The term “Per-Minute-Equivalent” means the total amount You have paid ROC-net for Wireless Service in the calendar month in which the outage occurs, divided by the number of minutes you were entitled to access the Wireless Service in that calendar month. Each outage is treated as a discrete event. The number of minutes of separate outages will not be cumulated to determine the outage credit.

For example, if You have paid $4.95 for twenty-four hours of Wireless Service, the Per-Minute-Equivalent is equal to $.00343 per minute. For each outage of five minutes or more, you will be entitled to that amount for each minute of the outage.

ROC-net will only be obligated to pay an outage credit for interruptions in the Wireless Service which can be detected using the equipment and services that ROC-net uses to monitor its network. ROC-net will not pay an outage credit for interruptions in service that You experience due to a failure of your equipment or software, or due to interference caused by the environment in which you attempt to access the Wireless Service.

UNDER NO CIRCUMSTANCES SHALL THE TOTAL AGGREGATE LIABILITY OF ROC-NET HEREUNDER BE GREATER THAN THE TOTAL AMOUNT YOU HAVE PAID TO ROC-NET FOR THE WIRELESS SERVICE.

MISCELLANEOUS

THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS WITHOUT REGARD TO ITS CONFLICT OF LAWS PROVISIONS. ANY LITIGATION ARISING OUT OF THE TERMS OF THIS AGREEMENT OR THE PROVISION OF THE SERVICE SHALL BE LITIGATED IN A COURT OF COMPETENT JURISDICTION LOCATED IN WINNEBAGO COUNTY , ILLINOIS . If there is any dispute or litigation as a result of this Agreement, the prevailing party will be entitled to reasonable attorney's fees. Any action by either party must be brought within one (1) year after such party discovered or reasonably should have discovered the cause of action.

If provision of the Wireless Service is prevented by causes beyond ROC-net's reasonable control, including, but not limited to, acts of God, explosions, vandalism, cable cuts, natural disasters, power failure, national emergencies, insurrections, riots, war, strike, lockouts, boycotts, work stoppages or other labor strikes, delays caused by third party vendors due to labor strikes, or any order, regulation or other actions of any governmental authority, agency instrumentality or any civil or military authority, ROC-net shall be excused from such performance on a day-to-day basis to the extent of such causes.