AGREEMENT FOR USE OF THE ARKANSAS.NET INTERNET SERVICES This agreement ("Agreement") shall become effective when you "click" on the Next button. This Agreement is between American Communications Inc., Arkansas.Net ("ANCI") and the participant ("you" or "your"). This Agreement sets forth the terms and conditions under which you agree to use ANCI's Client Software and/or Arkansas.Net's Internet Service ("Service" or "Services"). 1. ANCI will provide you with a single copy of the Services software ("Client Software" or "Software"), together with necessary user guides and other documentation. Use of the Client Software is subject to the Software licensing provisions set forth in the Agreement enclosed in the Client Software package. 2. Commencing on the date on which you initiate the Service, you will have use of the Service pursuant to the terms and conditions set forth herein. Such Service shall renew automatically and shall continue until such time as you provide ANCI with notice that you wish to discontinue such Service, or as terminated and/or canceled by ANCI, as set forth herein. 3. Fees A. For all Service(s) charges, including installation charges if applicable, ANCI will bill your credit card. Monthly recurring charges are billed one month in advance of Service. If any portion of payment is received after the late payment date, a monthly late charge may be charged to you. The monthly late charge will be $5.00. B. ANCI may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, you agree to reimburse ANCI for all expenses incurred to recover sums due, including attorneys fees and other legal expenses. C. ANCI may discontinue these Services if charges for these Services are not paid. You are responsible for purchase and payment of tariffed network services needed for use of these Services. D. Any long distance, measured service or toll charges incurred by you to dial into the Service during your use of the Service shall be your sole responsibility. 4. You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service. ANCI agrees to exercise reasonable care to prevent such occurrences; however, under no circumstances will ANCI be held liable for any financial or other damages due to such interruptions. 5. Limitation of Liability A. ANCI will make reasonable efforts to provide continuous, uninterrupted, expedient and error-free Service to you. In no event shall ANCI be liable to you or any other person for any special, incidental, consequential or punitive damages of any kind, including without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services. B. Any Software provided hereunder is provided on an as-is basis. ANCI makes no express or implied warranties (including those of merchantability or fitness for a particular purpose) with respect to the Software provided. C. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ANCI HEREBY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY AND PERFORMANCE. 6. Indemnity A. You agree to indemnify and save ANCI harmless from all claims, losses, liens, expenses, suits and attorneys' fees ("Liabilities") for injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such Liabilities arise from the active negligence or willful misconduct of ANCI. The offending party shall, at its expense, defend any claim, legal proceeding or suit asserting a claim for Liabilities and shall pay all costs and attorneys' fees incurred by the other in connection therewith. B. You agree to indemnify ANCI, its parent, affiliates and subsidiaries, in the event that your use of the Service and/or Software; (a) constitutes a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (b) is defamatory, fraudulent or deceptive, (c) is intended to threaten, harass or intimidate, or (d) interferes with other customers' use or enjoyment of the Services provided by ANCI. 7. You are solely responsible for provisioning, configuration and maintenance of all equipment on your premises, including, without limitation, computer equipment and modems. 8. You shall not use ANCI's name or any language, pictures or symbols which could, in ANCI's judgment, imply ANCI's identity in any (a) written or oral advertising or presentation, or (b) brochure, newsletter, book, or other written material of whatever nature, without prior mutual written consent. 9. Use Limitations A. You agree to comply with the rules and regulations applicable to any network that is accessed through ANCI. Any violation of such rules, regulation and policies and any network policies document issued by ANCI, ANCI may terminate this Agreement. Any attempt to break security or to access an account which does not belong to Customer shall be considered a material breach of this Agreement, ANCI may terminate this Agreement. More information regarding acceptable use policy is available under the Company Policies page located at . B. ANCI reserves the right to terminate the Service to you in the event it is used in a manner which (a) constitutes violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (b) is defamatory, fraudulent or deceptive; (d) is intended to threaten, harass or intimidate; (d) tends to damage the name or reputation of ANCI, its parent, affiliates and subsidiaries; or (e) interferes with other customers' use and enjoyment of the Services provided by ANCI. C. ANCI exercises no control over the content of the information passing through the Service. You understand that the information that is available over interconnecting networks may not be valid or accurate. Use of such information will be at your own risk. 10. Cancellation and Termination A. In the event of a ruling, regulation or order issued by a judicial, legislative or regulatory body causes ANCI to believe that this Agreement may be in conflict with such rules, regulations and orders, ANCI may terminate this Agreement without liability. B. In order to cancel your service, please call ANCI at (479) 443-6444 and select the appropriate option to speak with a customer service representative. All cancellation requests must be processed over the phone. Have your account information available prior to calling. ANCI will ask you questions related to your account to establish your identity. These measures are taken as a security precaution to avoid unauthorized cancellations of accounts. If you have any questions concerning the cancellation procedure e-mail for more information. Cancellation requests MUST be received prior to the beginning of the next billing cycle in order to avoid additional charges to your account. YOU AGREE THAT THE MONTHLY CHARGE FOR THE MONTH IN WHICH SERVICE IS TERMINATED SHALL BE FORFEIT AS A CANCELLATION CHARGE. C. If you fail to pay any charge when due, including, but not limited to, installation charges or taxes, or if you fail to perform or observe any other material term or condition of this Agreement, and such condition continues unremedied for fifteen (15) days, you shall be in default and ANCI may terminate the Service to you.