Rocket Broadband
Internet Access Service Agreement Terms and Conditions

Current as of 02/06/2007

These terms and conditions are incorporated into, and a part of, the Rocket Broadband Internet Access Service Agreement (the "Agreement") entered into by you ("Customer" or "You") for You and members of your household ("Site") and by Rocket Broadband Communications Corporation ("Rocket Broadband") for itself, its subsidiaries, affiliates, and third parties that provide the various Broadband Internet Access Services that are available now or may be available in the future (the "Rocket Broadband Service"). Rocket Broadband and You are the Parties to the Agreement, and are subject to these Terms and Conditions. Rocket Broadband owns and maintains a computer and high speed broadband communications network (the "Rocket Broadband Network"), which it makes available for use by subscribers to the Rocket Broadband Service.

1. Acceptance of this Agreement . By signing the Agreement, by clicking "I Accept" at the end of the electronic version of the Agreement or by utilizing the Rocket Broadband Service, You acknowledge that You have read and understand this Agreement and You accept the Agreement (together with all of the policies attached hereto) and agree to abide by its terms and conditions as they may be amended by Rocket Broadband from time to time, in its sole discretion. If You do not accept the Agreement, You may not and should not utilize the Rocket Broadband Service. Please take the time to read the Agreement carefully. The terms and conditions of the Agreement may be amended by Rocket Broadband from time to time, in its sole discretion, by posting such changes at http://www.RocketBroadband.com (the "Rocket Broadband Internet Site") and providing notice of changes to the Rocket Broadband Internet Site. Use of the Rocket Broadband Service by You after a change to these terms and conditions has been so posted and noticed by Rocket Broadband shall constitute acceptance by You of such changed terms. If You do not wish to accept such changes, your sole and exclusive remedy is to terminate the Rocket Broadband Service that Rocket Broadband is providing to You under this Agreement within thirty (30) days of the date the change was posted by Rocket Broadband on the Rocket Broadband Internet Site.

 2. The Rocket Broadband Service, Installation and Access.

(a) Rocket Broadband Service . Subject to and in accordance with the terms and conditions of the Agreement, Rocket Broadband will provide to You at your residence within the United States (the "Site"): (i) one cable outlet and cable modem (or other form of cable termination equipment) (the "Equipment") for a separate cable connection to your computer to be installed by Rocket Broadband or its agent or contractor only; and (ii) certain software (the "Software") to be installed either by Rocket Broadband or its agent or contractor or You in your computer to enable your use of the Rocket Broadband Service. The Rocket Broadband Service may include news service, electronic mail ("e-mail") capability, Web browser, if a web browser is not already installed, and other services, which services may be offered by third parties or Rocket Broadband for free or for the payment of additional fees. If You elect to purchase your own cable modem for use with the Rocket Broadband Service, then Rocket Broadband will not provide a cable modem to You unless You request it. Rocket Broadband reserves the right at any time and without notice to discontinue support for or allow the use of any particular cable modem, gateway device or other equipment with the Rocket Broadband Service. Rocket Broadband may offer multiple Rocket Broadband Service products or packages now or in the future that consist of varying features and restrictions, including but not limited to different speeds, traffic consumption allowances, e-mail accounts, or other services, among other product attributes. Product and package features and restrictions are subject to change at any time, with or without notice to You, in Rocket Broadband's sole discretion.

(b) Premium Content . Rocket Broadband may make available to You, for an additional fee, certain optional services, such as music, movies, graphics and educational content that contains proprietary information and material (“Premium Content”) operated by Rocket Broadband under license from third parties (“Premium Content Providers”).

(c) Installation and Access. Rocket Broadband or its agents or contractors will schedule one or more installation visits with You. You must be present at the Site during an installation. You agree that Rocket Broadband is not liable for files, data or other information that may be lost on your computer system during the installation process, and You agree to hold Rocket Broadband harmless in the event that any file, data or other information is lost. You agree that You will take any measure necessary to secure the information on your computer system prior to installation. After installation and during the term of this Agreement, You shall provide Rocket Broadband with reasonable access to the Site to inspect, repair and/or maintain the Equipment. You agree that Rocket Broadband may visit the Site upon termination or expiration of this Agreement or disconnection of the Rocket Broadband Service to recover the Equipment. You understand and agree that Rocket Broadband will not restore or reconfigure your computer system after de-installation, and You agree Rocket Broadband is not responsible for doing so.

(d) E-mail account storage and maintenance. An active e-mail account is an account that has been accessed within a 120 -day period.

(e) Inbox Capacity. All active e-mail accounts shall have the capacity limits specified by the then applicable service description for the level of service provided. Applicable capacity limits may be viewed at www.RocketBroadband.com.

Quota Limit Warning. Rocket Broadband will send a notice to You when your email account nears its capacity. If your e-mail account is at full capacity, You will not be able to receive e-mail messages.

Head of Household Account . A head of household account will be established at the time of service inception. You may not modify or change the head of household account more than once a month.

Inactive Accounts. Any account not accessed within a 120 -day period is considered to be "inactive" and will be subject to the deletion guidelines below:

(i) Any "inactive" head-of-household account or sub-account that is not forwarded to some other account will be removed.

(ii) If a head-of-household account is "inactive" but has at least one (1) active sub account, the head-of-household account will not be deleted.

(f) Traffic Consumption Allowances . Rocket Broadband has the right to monitor, measure and report bandwidth consumption by You. Rocket Broadband reserves the right, in its sole discretion, to establish, modify and/or enforce consumption allowances at any time now or in the future, with or without notice to You, and to apply a surcharge for excess usage subsequent to notice of changes in bandwidth consumption allowances.

3. Support and Maintenance of the Rocket Broadband Service. Rocket Broadband will use commercially reasonable efforts to provide customer support for use of the Rocket Broadband Service solely on the Equipment and with the Software described in Section 2 of this Agreement. ROCKET BROADBAND DOES NOT GUARANTEE THAT CUSTOMER SUPPORT WILL BE AVAILABLE OR THAT ROCKET BROADBAND WILL MAKE THE ROCKET BROADBAND SERVICE WORK ON YOUR COMPUTER SYSTEM OR RESOLVE ALL PROBLEMS IN CONNECTION THEREWITH. Support will be available on a commercially reasonable basis via telephone, e-mail or the Rocket Broadband Internet Site. Telephone numbers for such customer support are posted on the Rocket Broadband Internet Site and are included in the "Contact Rocket Broadband" section of this Agreement. If your use of the Rocket Broadband Service, the Software or the Equipment requires that Rocket Broadband visit the Site for assistance, repair, installation or connection, Rocket Broadband shall be entitled to charge its prevailing rates and costs for such visit, and You agree to pay Rocket Broadband for such charges.

Rocket Broadband does not undertake to correct or repair, and shall have no responsibility for, software, hardware or equipment that it does not supply, and makes no guarantee that it will be able to fix your software, hardware or equipment even if supplied by Rocket Broadband. Rocket Broadband will use commercially reasonable efforts, such as network management, traffic analysis, operational procedures and policies that endeavor to provide appropriate bandwidth for as many customers as possible. YOU UNDERSTAND AND AGREE THAT ROCKET BROADBAND DOES NOT GUARANTEE THAT ANY PARTICULAR AMOUNT OF BANDWIDTH ON THE ROCKET BROADBAND NETWORK OR ANY SPEED OF THROUGHPUT OF YOUR CONNECTION TO THE ROCKET BROADBAND NETWORK WILL BE AVAILABLE TO YOU. You understand and agree that the speed of the Rocket Broadband Service provided to You at your Site will vary depending upon a number of factors, including your computer system and associated equipment, Internet traffic and associated equipment, and other factors. You understand and agree that the Rocket Broadband Service may be temporarily limited, interrupted or curtailed due to system capacity limitations; governmental actions; force majeure; events beyond Rocket Broadband's control; or temporary equipment or systems failures or modifications, upgrades, maintenance, repairs or similar activities required or appropriate in connection with the delivery or improvement of the Rocket Broadband Service.

4. Integrity of the Rocket Broadband Network . The Rocket Broadband Network, and its various computers, wires, communications devices and other components are the property of Rocket Broadband. You understand and acknowledge that the Rocket Broadband Network is a shared network. In its sole discretion and with or without notice to You, Rocket Broadband reserves the right to take any action regarding any improper or other use of the Rocket Broadband Network needed to prevent or minimize harm to the Rocket Broadband Network or prevent or minimize disruption of the performance of the Rocket Broadband Service for other users. Such action may include, without limitation, suspension or termination of access by You to the Rocket Broadband Service.

5. Your Obligations.

(a) Payment.

(i) Charges and Fees for Rocket Broadband Service . You agree to pay all charges and fees associated with the installation and use of the Rocket Broadband Service and, if applicable, Premium Content, which charges may include, without limitation, monthly service charges, charges for the use of Rocket Broadband Equipment, installation charges, charges for service calls and other charges, as may be determined from time to time by Rocket Broadband in its sole discretion upon reasonable notice to You (including by posting on the Rocket Broadband Internet Site changes to such charges at least thirty (30) days in advance of the effective date of the changes). If You do not want to retain the Rocket Broadband Service because of a change in charges, You may terminate your Rocket Broadband Service at any time as set forth in Section 13 below. You are required to pay and You agree to pay all monthly charges one month in advance. When You register for the Rocket Broadband Service, You may decide, depending on the availability of such options in your local Rocket Broadband service area, to pay the monthly charges with a credit card or to have the monthly charges debited directly from your checking account, in which case the monthly charges will be automatically charged to your credit card account, or debited directly from your checking account, as the case may be. You agree to pay all federal, state and local fees, taxes and/or surcharges associated with the Rocket Broadband Service.

(ii) Cancellation of Rocket Broadband Service. If You cancel the Rocket Broadband Service for any reason, Rocket Broadband will not refund to You any portion of the monthly charges paid (or to be paid) by You for the month in which cancellation occurs.

(iii) Failure to pay. If You fail to pay any fees or charges after notification of delinquency within thirty (30) days of the due date, Rocket Broadband may impose a late fee, or disconnect the Rocket Broadband Service, or both, at its sole discretion. Rocket Broadband may also charge a service fee for all returned checks and bank card or charge card charge backs, and You agree to pay Rocket Broadband for such service fees.

(iv) Reconnect and reinstallation fee. If You disconnect the Rocket Broadband Service, request that the Rocket Broadband Service be disconnected, or if your Rocket Broadband Service is disconnected due to nonpayment or other breach of this Agreement, and if Rocket Broadband agrees to reconnect the Rocket Broadband Service, You will be charged fees for reconnecting and reinstalling the Rocket Broadband Service, and You agree to pay Rocket Broadband for such fees. In the event of a violation of this Agreement by You, You agree to pay a non -refundable investigation fee, the amount of which shall be in Rocket Broadband's sole discretion. These charges will be reflected on the next monthly bill in the month of the reconnection or reinstallation of service or of the investigation.

(v) Charges for other services or goods. From time to time, You may decide to request additional services or purchase goods offered by Rocket Broadband or by third parties. Such services and goods are not covered by the monthly fee and You will be charged separately for them, and You agree to pay for such services and goods.

(b) Responsibility for use of your password and user name . When You complete the registration process for the Rocket Broadband Service, You must select a user name and a password to be used by You to access the Rocket Broadband Service. You agree to keep that password secret. You agree that You are responsible for the conduct of anyone who uses the Rocket Broadband Service using your computer system, your password, your name or your user name, and for ensuring that anyone who does use your Rocket Broadband Service uses it in accordance with the terms and conditions of this Agreement. You agree that You will take all measures necessary to ensure that your Rocket Broadband Service is not used by others without your consent.

(c) Your Online Conduct and Use of the Rocket Broadband Service.As a condition of this Agreement, You agree to use the Rocket Broadband Service in accordance with the terms and conditions of this Agreement and the Rocket Broadband Internet Acceptable Use Policy (the "Use Policy"), which is Attachment A to this Agreement and is incorporated herein by reference, and which may be viewed by You at http://www.RocketBroadband.com under the Terms of Service link. You understand that Rocket Broadband has the right to enforce these terms and conditions and the Use Policy in its sole discretion, as the same may be amended by Rocket Broadband from time to time. In the event of a violation by You, Rocket Broadband may, singly or in any combination, issue a warning for the violation, suspend or terminate your Rocket Broadband Service, remove posted content, cancel newsgroup posts, and filter Internet transmissions, and Rocket Broadband has no obligation to notify You prior to taking any such actions. Rocket Broadband reserves the right, but has no obligation, to monitor compliance with and investigate violations of this Agreement and the Use Policy, including but not limited to monitoring bandwidth, usage and publicly posted content, gathering information from You and other users, performing audits of the Rocket Broadband Network, including scanning equipment connected to the Rocket Broadband Network for common security issues, identifying and categorizing the type of traffic being sent and received by You, and examining material on Rocket Broadband's servers and the Rocket Broadband Network. You agree that Rocket Broadband shall not be liable to You for any of its actions taken to enforce this Agreement, including the Use Policy. If You are found to be in violation of the Agreement or the Use Policy, Rocket Broadband may, in its sole discretion, permanently disconnect your service. You may appeal such action by writing to Rocket Broadband at the following address:

Rocket Broadband Networks, Inc. 4242 Ridge Lea Road, NY 14226

(d) Use by minors . You represent and warrant to Rocket Broadband that You are at least eighteen (18) years of age, and You agree that Rocket Broadband may rely on that representation. However, Rocket Broadband wishes to express additional cautions in connection with any use of this Rocket Broadband Service that You allow to be made available to minors using your computer systems, your passwords, name or user names. You agree that You are responsible for such use, and Rocket Broadband strongly recommends that any use of the Rocket Broadband Service by a minor be conducted under the supervision of a responsible adult.

(e) Responsibility for security of your credit card and other information that You provide on the Internet . From time to time You may decide to access third-party Internet sites or order products or services from third parties when You access the Internet. Rocket Broadband recommends that You use only secure Internet sites when making your credit card and any other information about yourself available to others on the Internet. You agree that You are solely responsible for the security of your credit card and similar information from unwanted charges or use. You agree to hold Rocket Broadband, its agents and affiliates, harmless in the event that your credit cards, bank account numbers, social security number, your identity, or any of your personal information is compromised or utilized by a third party. (f) Current address and information. You are required and You agree to notify Rocket Broadband in a timely manner of any changes in the information You provide to Rocket Broadband, including the information provided when You initially registered to use the Rocket Broadband Service. Of particular importance is the need for your current postal mailing address and primary e-mail address. If You elect not to use the e-mail account provided to You by Rocket Broadband, or change to a new e-mail address at some point while receiving service from Rocket Broadband, You agree that You will provide your new primary e-mail in a timely manner to Rocket Broadband.

(g) Theft of Service. You may not use any service offered by Rocket Broadband for which You do not have an active account or for which You have not paid the appropriate fee and all past fees due and owing to Rocket Broadband. You understand and agree that Rocket Broadband may monitor the Rocket Broadband Network for any such theft of service, and if such activity is discovered, Rocket Broadband may pursue, in its sole discretion, all available remedies, including, without limitation, charging for the entire period of such use, and/or termination of service to You.

(h) Assignment or sharing of Rocket Broadband Service . You agree that You shall not use the Rocket Broadband Service as an Internet service information provider ("ISP"). You agree that You shall not resell, share, give away, redistribute, sublicense or otherwise distribute the Rocket Broadband Service or any portion thereof to any third party in any manner without the prior written consent of Rocket Broadband. For example, but without limitation, You may not provide Internet access to others through your connection, host shell accounts, provide e-mail or news services to others, or send or store a news feed.

(i) Use of a static and/or multiple dynamic IP address . You understand and agree that the Rocket Broadband Service is provided using one (1) dynamically-assigned public IP address for each customer. You may be assigned a static IP address and/or additional dynamically assigned, public IP addresses for an additional monthly fee and pursuant to an express written agreement with Rocket Broadband. You understand and agree that Rocket Broadband may monitor the Rocket Broadband Network for the unauthorized use of static IP addresses and/or multiple dynamically assigned IP addresses, and if such activity is discovered, Rocket Broadband may pursue, in its sole discretion, all available remedies, including, without limitation, charging for the entire period of such use, and/or termination of the Rocket Broadband Service to You.

(j) Local networking . Rocket Broadband will support the connection of the Rocket Broadband Service to a single computer through a recommended cable modem or Rocket Broadband provided gateway router that may be part of a promotion or service contract. Rocket Broadband does not support the setup, configurations and equipment maintenance of devices, including multi­function devices, that may contain a switch, router, firewall, etc., that allow for the connection of multiple computers at the Site. You agree that You shall not operate a server of any type that provides services to other users or for your own use over the Rocket Broadband Service. You understand and agree that Rocket Broadband has the right to monitor the Rocket Broadband Network and, to the extent necessary, your computer system to ensure that You are not providing any services via your connection. You understand and agree that Rocket Broadband has the right to take any measures it deems necessary in its sole discretion to prevent the use of the Rocket Broadband Internet Service for uses other than those prescribed in this Agreement.

6. Your Warranties, Representations and Indemnifications .

(a) Warranties and Representations . You warrant and represent that: You are at least eighteen (18) years of age; You will use the Rocket Broadband Service only in accordance with this Agreement; You will make all payments required herein; You are a resident of the United States; and You will take reasonable measures to protect your personal information and restrict the use of the Rocket Broadband Internet Service only to those within your household and only with your express consent.

(b) Indemnification . You agree to indemnify and hold harmless Rocket Broadband (its affiliates, subsidiaries, shareholders, officers, directors, employees, contractors, agents, Premium Content Providers and their representatives) (together "Rocket Broadband Indemnified Entities") against any cost, claim, liability or expense any of the Rocket Broadband Indemnified Entities incurs as a result of or arising out of or related in any way to your use of the Rocket Broadband Service. In the event of any claim, which, if true, would be subject to indemnification hereunder, Rocket Broadband or the affected Rocket Broadband Indemnified Parties shall notify You and You agree to cooperate in their defense at your sole cost. As part of your indemnification obligations, You agree to reimburse Rocket Broadband for any costs it incurs that, directly or indirectly, arise or result from Rocket Broadband's provision of the Rocket Broadband Service to You and your use of the Rocket Broadband Service, including but not limited to, complaint fees or investigation expenses incurred by, or charged by any third party to, Rocket Broadband.

7. Software License, Equipment Ownership and Premium Content.

(a) Software License . The Software is the property of Rocket Broadband and its suppliers and licensors. Rocket Broadband hereby grants to You a nonexclusive, nontransferable license to use and to install on your computer system at the Site (but not to modify or otherwise change in any way) the Software for use solely in connection with the Rocket Broadband Service. Your license to use any Software provided by Rocket Broadband and its suppliers and licensors is contingent upon your compliance with all use and other restrictions and requirements contained in this Agreement.

(b) No use of the Software may be made for any other purpose . All intellectual property rights in the Software and Equipment, including any documentation, are owned by Rocket Broadband, its vendors, suppliers, or licensors, and are protected by United States copyright laws, other applicable copyright laws, and international treaty provisions. Rocket Broadband and its vendors, suppliers, or licensors retain any and all rights not expressly granted. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract. You may not copy the Software (except as necessary to use it in your computer at the Site as provided herein). Ownership of any such copies shall remain with Rocket Broadband. Upon any termination or expiration of this Agreement or the disconnection of your Rocket Broadband Service, this license will terminate and You agree that You shall destroy all copies of the Software that were delivered to You or made by You hereunder (including by erasing and deleting the Software from your computer systems).

(c) Equipment Ownership .

(i) You understand and agree that Equipment is the property of Rocket Broadband. You agree that You shall return the Equipment to Rocket Broadband in good and working condition upon the termination or expiration of this Agreement or the disconnection of your Rocket Broadband Service. You agree that You will use reasonable care to avoid damaging the Equipment, and agree not to alter, modify, sell, license, lease, assign, encumber, relocate, move or tamper with it. You agree that Rocket Broadband has the right to monitor, secure, upgrade or downgrade the Equipment and ensure that the configuration file downloaded by the modem is consistent with the tier of service to which You have subscribed. You agree that if You fail to return the Equipment to Rocket Broadband in good and working condition within fifteen (15) days after termination or expiration of this Agreement or the disconnection of your Rocket Broadband Service, then Rocket Broadband has the right to charge, and You agree to pay, an amount equal to Rocket Broadband's then current replacement cost of the Equipment together with any incidental costs incurred by Rocket Broadband related to the replacement of the Equipment or any part thereof, and You agree that Rocket Broadband has the right to charge any such charges on your credit card or to debit your bank account.

(ii) If You own a cable modem that is used in conjunction with the Rocket Broadband Service, You agree that You are bound by terms of the preceding section, including without limitation the provision granting Rocket Broadband the right to monitor, secure, upgrade or downgrade the cable modem software and ensure that the configuration file downloaded by the modem is consistent with the tier of service to which You have subscribed.

(d) Premium Content . You acknowledge and agree that Premium Content is protected by applicable intellectual property and other laws, including, but not limited to, copyright. You acknowledge and agree that You will not use or distribute such Premium Content in any way whatsoever except as set forth in this Agreement. Except as expressly provided herein, no portion of Premium Content may be reproduced or distributed in any form or by any means by You. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on Premium Content, in any manner, and you further agree not to exploit Premium Content in any unauthorized way whatsoever, including, but not limited to, by trespass.

THE USE OF ANY PREMIUM CONTENT IN ANY MANNER OTHER THAN AS PERMITTED IN THIS AGREEMENT IS STRICTLY PROHIBITED AND MAY INFRINGE ON THE INTELLECTUAL PROPERTY RIGHTS OF ROCKET BROADBAND, PREMIUM CONTENT PROVIDERS OR OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

8. Privacy and Personal Information . You agree to accept the conditions set forth in Rocket Broadband's Privacy Policy, which is Attachment B to this Agreement and is incorporated herein by reference and which may be viewed by You at http://www.RocketBroadband.com under the Terms of Service link. The Rocket Broadband Privacy Policy sets forth the manner in which Rocket Broadband is authorized to utilize information about You.

9. Disclaimers and Limitation of Rocket Broadband's Liability.

(a) YOU UNDERSTAND AND AGREE THAT THE ROCKET BROADBAND SERVICE, PREMIUM CONTENT, SOFTWARE, DATA AND ANY OTHER SERVICES, SOFTWARE OR EQUIPMENT PROVIDED BY ROCKET BROADBAND ARE NOT GUARANTEED TO BE ERROR FREE, UNINTERRUPTED, SECURE OR ALWAYS AVAILABLE OR AVAILABLE WITH SUFFICIENT CAPACITY. YOU UNDERSTAND AND AGREE THAT THE USE OF THE ROCKET BROADBAND SERVICE, THE Internet, AND ANY SOFTWARE OR EQUIPMENT PROVIDED BY ROCKET BROADBAND IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT ANY AND ALL ROCKET BROADBAND SERVICES AND PRODUCTS ARE PROVIDED "AS IS, AS AVAILABLE, AND W ITH 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, OTHER THAN WARRANTIES THAT CANNOT LEGALLY BE EXCLUDED. ROCKET BROADBAND MAKES NO WARRANTY THAT THE ROCKET BROADBAND SERVICE WILL WORK ON YOUR COMPUTER SYSTEM. YOU UNDERSTAND AND AGREE THAT ROCKET BROADBAND HAS NO RESPONSIBILITY FOR DAMAGE OR DESTRUCTION TO YOUR COMPUTER SYSTEM, OR THE DATA, FILES OR INFORMATION STORED ON YOUR COMPUTER SYSTEM. YOU UNDERSTAND AND AGREE THAT ROCKET BROADBAND HAS NO RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT, DATA, INFORMATION, PROGRAMS OR OTHER MATERIAL THAT YOU MAY USE OR ACCESS USING THE ROCKET BROADBAND SERVICE. YOU UNDERSTAND AND AGREE THAT IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE ROCKET BROADBAND SERVICE OR ON THE Internet. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ROCKET BROADBAND BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS OR SAVINGS) ARISING FROM OR RELATED TO THIS AGREEMENT OR THE INSTALLATION, USE, MAINTENANCE, FAILURE, REMOVAL OR OPERATION OF THE ROCKET BROADBAND SERVICE, THE SOFTWARE OR THE EQUIPMENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ROCKET BROADBAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU AND IN SUCH STATES OR OTHER JURISDICTIONS ROCKET BROADBAND'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

(b) SUBJECT TO THE FOREGOING, YOU UNDERSTAND AND AGREE THAT ROCKET BROADBAND'S MAXIMUM LIABILITY TO YOU UNDER THIS AGREEMENT OR ARISING OUT OF OR RELATED TO THE ROCKET BROADBAND SERVICE WILL BE THE LOWER OF THE AGGREGATE AMOUNT YOU HAVE ACTUALLY PAID TO ROCKET BROADBAND FOR THE ROCKET BROADBAND SERVICE OR $500.00. YOU ACKNOWLEDGE AND AGREE THAT ROCKET BROADBAND HAS SET ITS PRICING FOR THE ROCKET BROADBAND SERVICE AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU UNDERSTAND AND AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THIS LIMITATION OF LIABILITY ALSO APPLIES TO ANY DEVELOPER OF SOFTWARE OR SERVICES SUPPLIED TO ROCKET BROADBAND AND ITS SUPPLIERS AND LICENSORS. THIS LIMITATION OF LIABILITY IS THE MAXIMUM FOR WHICH ROCKET BROADBAND AND ITS SUPPLIERS AND LICENSORS MAY BE HELD COLLECTIVELY RESPONSIBLE.

(c) YOU UNDERSTAND AND AGREE THAT ROCKET BROADBAND IS NOTRESPONSIBLE FOR FORWARDING E-MAIL SENT TO ANY ACCOUNT THAT HAS BEEN SUSPENDED OR TERMINATED. IN ITS SOLE DISCRETION, ROCKET BROADBAND MAY RETURN, IGNORE OR TEMPORARILY STORE SUCH E-MAIL.

10. Filtering Measures.

(a) Rocket Broadband may elect to take measures to reduce the amount of unsolicited commercial e-mail or bulk e-mail transmitted to, from or over the Rocket Broadband Network. In addition, Rocket Broadband may elect to take measures to reduce the occurrence of viruses, worms, bugs, Trojan horses or other damaging software (collectively, "Viruses") that may be transmitted in email messages to, from or over the Rocket Broadband Network. These measures may include, among others, the use of software that detects and deletes unsolicited commercial e-mail, bulk e-mail or Viruses, attempted to betransmitted to or from You over the Rocket Broadband Network. These measures may include the use of third-party software either on a stand-alone basis or in conjunction with other filtering methods. Rocket Broadband reserves the right to use such filtering measures at any time, with or without notice to You, in its sole discretion. Any e-mail sent by You or sent to You over the Rocket Broadband Network that is identified by these filtering measures to be, or likely to be, unsolicited commercial e-mail or bulk e-mail or as containing a Virus may be deleted from, and not transmitted over, the Rocket Broadband Network, without notice to You, the message's originator and/or its intended recipient.

(b) YOU UNDERSTAND AND AGREE THAT ROCKET BROADBAND AND ITS THIRD-PARTY CONTRACTORS, VENDORS, SUPPLIERS AND LICENSORS DO NOT GUARANTEE THE ACCURACY OR PERFORMANCE OF ANY FILTERING MEASURES EMPLOYED BY ROCKET BROADBAND. YOU UNDERSTAND AND AGREE THAT ROCKET BROADBAND AND ITS THIRD-PARTY CONTRACTORS, VENDORS, SUPPLIERS AND LICENSORS ARE NOT RESPONSIBLE FOR, AND SHALL NOT BE LIABLE FOR, DELETING FROM, OR FAILING TO TRANSMIT OVER, THE ROCKET BROADBAND NETWORK ANY EMAIL MESSAGE IN ACCORDANCE WITH ANY FILTERING MEASURES EMPLOYED BY ROCKET BROADBAND.

11. Unauthorized Access, Viruses and Spyware, and Third-Party Services, Products and Content.

(a) Unauthorized Access . The Rocket Broadband Network is a shared network and is used by many users to access a variety of services. Neither the Rocket Broadband Network nor the Internet provides security against unauthorized access. Others may access or monitor your activity and conduct while You are using the Rocket Broadband Service. Rocket Broadband is not responsible for any unauthorized access to the data, files, transmissions, communications sent to or from You or for unauthorized access to your computer. Rocket Broadband does not warrant any security system it may employ, either hardware or software, for the purpose of preventing unauthorized access to your computer. Any security systems employed by Rocket Broadband maintain only a minimal level of protection. Rocket Broadband is not responsible for damages resulting from the use of any such security system. You understand and agree that You are solely responsible for the security of any computer or other device(s) with which You connect to the Rocket Broadband Service, and any data, programs or information stored on such devices. You are responsible for taking measures to ensure the security of your computer system(s) to prevent unauthorized access to it by others.

(b) Viruses and Spyware. You understand and agree that Rocket Broadband is not responsible for any Virus or spyware that gains access to your computer over the Rocket Broadband Network or any damage resulting there from. You are solely responsible for taking measures to prevent infection of your computer from Viruses and spyware, including installing and maintaining up-to-date anti-virus and anti-spyware software on your computer. In the event that your computer becomes infected with any Virus that, in Rocket Broadband's sole discretion, may harm the Rocket Broadband Network or disrupt the performance of Rocket Broadband Service for other users, Rocket Broadband may immediately suspend or terminate access by You to the Rocket Broadband Network with or without notice to You.

(c) Security Software . In its sole discretion , Rocket Broadband may make available to You security software, such as anti-virus software, firewall software, "pop-up" advertising blocking software or anti-spyware software for your use on your computer system in conjunction with the Rocket Broadband Service. Any such security software provided by Rocket Broadband to You is intended to provide only a minimal level of protection to your computer system. YOU UNDERSTAND AND AGREE THAT ROCKET BROADBAND AND ITS THIRD -PARTY SUPPLIERS OF ANY SUCH SECURITY SOFTWARE DO NOT GUARANTEE ITS ACCURACY, EFFICACY OR PERFORMANCE. YOU UNDERSTAND AND AGREE THAT ROCKET BROADBAND AND ITS THIRD-PARTY SUPPLIERS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR THE INFORMATION STORED ON IT THAT MAY RESULT FROM THE SECURITY SOFTWARE OR ITS NON­PERFORMANCE.

(d) You understand and acknowledge that the Premium Content may contain material that may be deemed to be profane, indecent, disturbing, abusive, or offensive and may contain other material You may find problematic. YOUUNDERSTAND AND AGREE THAT NEITHER ROCKET BROADBAND NOR ANY PREMIUM CONTENT PROVIDER IS RESPONSIBLE FOR ANY SUCH CONTENT.

(e) Third-party services, products and content provided by others. You understand and agree that while Rocket Broadband supplies access to the Internet, it is not responsible for the services or products offered by others on the Internet, nor is Rocket Broadband the publisher of any information on the Internet that is provided by others, including, without limitation, other users on bulletin boards, in chat rooms and similar venues. Rocket Broadband makes no commitment to review, monitor or filter and does not endorse or otherwise vouch for any service, product, information, programs, data, or content sent, accessed, offered or advertised over the Internet or otherwise made available to You by any individual, information provider, or on-line service or content provider (other than Rocket Broadband). Such content may include profane, obscene, indecent, disturbing, illegal, abusive, infringing, offensive or other material You may find problematic. YOU UNDERSTAND AND AGREE THAT ROCKET BROADBAND IS NOT RESPONSIBLE FOR ANY SUCH CONTENT.

12. Contact Rocket Broadband.

(a) Billing Questions Or General Information . If You have a question about billing or need general information about Rocket Broadband or its services, please contact Rocket Broadband at 1-716-819-6620.

(b) Customer Support and Service . For customer service and support, please contact Rocket Broadband at 1-716-819-6620 or http://www.RocketBroadband.com.

13. Term and Termination.

(a) Termination by Rocket Broadband . In its sole discretion, Rocket Broadband reserves to itself all rights it has under federal, state and local laws, to suspend or terminate this Agreement and to disconnect the Rocket Broadband Service, in whole or in part, at any time, with or without cause and with no obligation of prior notice to You. Rocket Broadband reserves to itself the right to pursue all legal remedies available to it, in its sole discretion.

(b) Termination by You . You may terminate your Rocket Broadband Service at any time by calling 1-716 -819-6620. Cancellation will take effect as of the date on which Rocket Broadband schedules and completes the disconnection of your Rocket Broadband Service. You shall be obligated and You agree to pay the monthly charge for the month in which the termination became effective. IN THE EVENT OF ANY DISPUTE ARISING FROM OR RELATED TO THIS AGREEMENT, THE SOFTWARE OR THE EQUIPMENT, OR THE ROCKET BROADBAND SERVICE OR YOUR USE THEREOF, YOUR SOLE REMEDIES ARE TO EITHER TERMINATE THIS AGREEMENT OR PURSUE THE REMEDY SET FORTH IN SECTION 16.

(c) Your files . In the event of termination or expiration of this Agreement or disconnection of your Rocket Broadband Service, Rocket Broadband may delete or store, in its sole discretion, any files, programs, data or messages associated with your account.

(d) Deletion of e-mail addresses. You agree that should your Rocket Broadband Service be terminated for any breach of the above use restrictions and requirements, You shall not be permitted to open or maintain any other e-mail accounts with Rocket Broadband. Any other account(s) under your control at the time of any breach by You may be terminated immediately in the sole discretion of Rocket Broadband, with or without prior notice.

14. Governing Law . This Agreement shall be governed by the laws of the United States of America and the State of New York without regard to New York's conflict of laws principles.

15. Disputes. If You have a complaint regarding any aspect of your Rocket Broadband Service, Rocket Broadband encourages You to first contact Rocket Broadband's Customer Service Department at 1-716-819-6620 or http://www.RocketBroadband.com. Billing complaints not made within sixty (60) days of the invoice in question may not be honored. If You are not satisfied with the manner in which your concern has been addressed after speaking with the Customer Service Department, please submit your complaint in writing to the General Manager of your local Rocket Broadband office at the address listed on your monthly bill. Should You remain dissatisfied, You may contact Rocket Broadband's corporate office at the following address:

Rocket Broadband

4242 Ridge Lea Road, Amherst NY 14226 ATTN: Customer Care

16. Dispute Resolution, Binding Arbitration.

You agree that any dispute, controversy, or difference that You have with respect to this Agreement or the provision of the Rocket Broadband Service to You shall be submitted by You to and settled by binding arbitration. You further agree to pursue any disputes, controversies, or differences individually and not in combination with other parties. Such arbitration shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"). Any arbitration proceeding shall take place in either: Denver, Colorado, Los Angeles, California, Andover, Massachusetts, Charlottesville, Virginia, or West Palm Beach, Florida, and shall apply the laws of the State of New York without regard to its conflict of laws rules. The Parties shall appoint a mutually acceptable arbitrator or, if the Parties cannot agree on a mutually acceptable arbitrator, then the AAA shall appoint a retired judge as arbitrator. No demand for arbitration or action of any kind or nature arising out of this Agreement or out of any use of the Rocket Broadband Service by You can be brought by You more than one year after the date on which the cause of action first arises. The arbitrator shall not modify the terms of this Agreement and shall not award punitive damages. Judgment upon the award rendered by the arbitrator may be entered in, and enforced by, and each party to this Agreement submits to the exclusive jurisdiction of, the state and federal courts sitting in Denver, Colorado, Los Angeles, California, Boston, Massachusetts, Richmond, Virginia, or Miami, Florida, and each party waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any arbitration proceeding or action to enforce the arbitrator's award, the prevailing party will be entitled recover its costs and attorneys' fees.

17. Miscellaneous.

(a) Entire Agreement . This Agreement is your entire agreement with Rocket Broadband and is not intended to confer and does not confer any rights or remedies upon any person or entity other than the Parties to this Agreement and the ocket Broadband Indemnified Parties. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the Parties and the remaining portions shall remain in full force and effect. This Agreement sets forth the entire understanding and agreement of the Parties concerning the subject matter hereof and supersedes all prior or contemporaneous understandings or agreements related thereto.

(b) Assignment . This Agreement and your rights and obligations under this Agreement may not be assigned by You in whole or in part without Rocket Broadband's prior written consent.

(c) Transfer of Rocket Broadband Service . The Rocket Broadband Service is provided to the Site initially selected by You. You may not transfer the Rocket Broadband Service to another location without Rocket Broadband's prior written consent (even if You move).

(d) Limitation of Information. Rocket Broadband shall have no obligation to make any specific information, data, service, programs, Newsgroups or other material available through the Rocket Broadband Service and may block any such material in its sole discretion.

(e) Use Policy and Privacy Policy . Rocket Broadband's Use Policy and Rocket Broadband's Privacy Policy are integral parts of this Agreement and are incorporated herein.

(f) Rocket Broadband Policy Prohibiting Unsolicited Commercial E-Mail And Bulk E-Mail; Notice To Third Parties. The Rocket Broadband Policy Prohibiting Unsolicited Commercial E-Mail And Bulk E-Mail; Notice To Third Parties, which is posted on the Rocket Broadband Internet Site, is an integral part of this agreement and, to the extent applicable, is incorporated herein.

(g) Rocket Broadband's Remedies and Waiver. Wherever a remedy is expressly provided to Rocket Broadband hereunder, such remedy is intended to add rather than to restrict all of Rocket Broadband's remedies in law and equity. In the event of a breach of this Agreement by You, Rocket Broadband reserves to itself the right to pursue all legal remedies available to it against You, in its sole discretion. If Rocket Broadband fails, at any time, to enforce any right or remedy available to it under this Agreement, such failure shall not be construed to be a waiver of Rocket Broadband's rights or remedies. Any waiver of Rocket Broadband's legal right shall be effective only if expressly agreed to in writing by Rocket Broadband.

(h) Compliance with Export Laws. You agree to comply with and shall be responsible for compliance with all applicable export laws and regulations.