1. Definitions.

"The Company" means TXOL Internet Inc., an Eastland Internet Company, 105 W Main Street, P O Box 1024, Eastland, TX 76448.

"The Subscriber" refers to an individual, corporation or legal entity who incurs usage charges for The Company services, for its own use or who incurs such charges on behalf of a third party user.

"CPE" refers to Customer Premise Equipment – specifically being a Breeze Access Radio Antenna Unit, mount and coax cabling.

2. Price.

A. The Subscriber shall pay to The Company the charges associated with the service(s) requested, including without limitation, deposits, set-up fees, pro-rated advance service fees, additional equipment purchase and/or rentals, other labor charges, etc., all as set forth within this agreement and service(s) activation. The Subscriber agrees to pay The Company the monthly charges, plus tax if applicable, for services requested and rendered. Unless otherwise set fourth and agreed upon as “Custom Services”, this is a single device (PC, notebook, etc) single location service. Account password is the sole responsibility of The Subscriber.

B. Ownership of the CPE is solely retained by THE Company. (Installation and activations fees are not for ownership of the CPE). In the event of theft, intentional or non-intentional damage of the CPE,including lightening solely determined by The Company, The Subscriber agrees to pay present repair or replacement value cost for the CPE and installation costs associated.

C. The Company service(s) fees/charges may be modified at any time upon giving 30 days prior e-mail notice to The Subscriber. Upon such notice, The Subscriber can exercise right to terminate services and agreement, without penalty for a period of 30 days, as outlined in #3 below.

D. Installation fee in full is required to reserve an installation date. If The Company is unable to provide service to The Subscribers location, the payment will be refunded within 30-days of said payment. All periods of service shall begin on the first day of the month. All fees, service or otherwise, are due on the 1st of each month. A $5.00 late fee is applied if not paid by the 5th. If The Subscriber has an unpaid balance at months end, service(s) will be terminated and The Subscriber will forfeit any and all costs incurred for services. If The Subscriber service is terminated, for any reason, The Company will exercise right to remove CPE from The Subscriber premises as outlined in #2F below. If The Subscribers service is terminated, whether temporarily or otherwise, administrative fees will be applicable to re-activate service(s) and all installation fees will be applicable if CPE has been removed. The Company reserves the right to refuse service(s). The Company hereby states that there is a $25.00 fee on any service(s) payment that is not honored by The Subscribers financial institution.

E. Emergency Dialup Internet Access is included with Wireless/DSL services in the event that the Wireless/DSL service is not accessible. In the event that the failure is due to The Subscriber equipment, i.e. routers, network, and software, and The Subscriber chooses the use the emergency dialup access, due to their own equipment failure, determined by The Company, The Subscriber may be charged $ .50 per hour for said dialup use in addition to the monthly Wireless/DSL fee.

F. The Subscriber agrees to give TXOL Internet employees and/or licensees access to The Subscriber Premises for the sole purpose of installation, removal, repair and or service of the CPE during normal business hours or other times arranged by The Company and The Subscriber.

3. Term and Termination.

This agreement shall become effective on the date that the CPE is installed and connectivity is verified by The Company and shall continue in force until terminated by either party upon at least 30 days prior e-mail notice of termination to the other party. Either The Subscriber or The Company may terminate this agreement in whole or in part, by furnishing 30 days prior e-mail notice to the other. For the calendar month in which such termination becomes effective, account holder shall pay the accrued charges under the applicable schedule or schedules or the full minimum, if any, whichever is greater. Upon The Subscribers' notice of termination; The Subscriber shall pay to The Company upon discontinuance of service, a termination charge equal to the applicable monthly fees and charges except as outlined in #2C above, and/or #11 below. The Subscriber agrees that The Company has the right to delete all data, files or other information that resides or is stored on The Company's hardware, if The Subscriber's account with The Company is terminated, for any reason, by either The Company or The Subscriber.

4. Indemnification.

The Subscriber shall indemnify and hold harmless, The Company, its agents and employees from and against any loss, cost, claim, liability, damage, or expense (including reasonable attorneys' fees) to third parties, relating to or arising from the use of the service by The Subscriber, whether having knowledge of or having authorized such access or use, including, without limitation, claims for libel, slander, an invasion of privacy, infringement of copyright, patent infringement (where The Subscriber has used, connected, or combined the service with the products or services of others), negligence, breech of security, or tortuous behavior. The Subscriber agrees to indemnify The Company along with any parties from whom The Company obtains network services, and to hold them harmless from any claims resulting from the use of the service by The Subscriber that damage another party or that violates the law.

5. Disclaimers of Warranties.

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, EQUIPMENT, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE COMPANY, HEREIN AND AFTER REFERRED TO AS CONTENT, ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. THE COMPANY AND ITS LICENSORS, AGENTS, AND EMPLOYEES, DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR SECURE. THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SYSTEM IS SOLELY AT YOUR RISK.

6. Limitation of Liability.

THE COMPANY SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICES NOT PROVIDED BY THE COMPANY, FAILURE OF COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTION NOT WITHIN THE COMPLETE CONTROL OF THE COMPANY, NOR SHALL THE COMPANY BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY THE SUBSCRIBER'S EQUIPMENT. THE SUBSCRIBER HEREBY RELEASES THE COMPANY FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA THE SERVICE. THE COMPANY'S PERFORMANCE UNDER THIS AGREEMENT SHALL BE EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL COMMOTIONS, ACTS OF GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. THE COMPANY SHALL NOT BE LIABLE IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF THE SUBSCRIBER'S EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC. THE LIABILITY OF THE COMPANY FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF OR DISRUPTION OF SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT EQUIVALENT TO CHARGES PAYABLE BY THE SUBSCRIBER UNDER THIS AGREEMENT FOR THE SERVICE DURING THE PERIOD SUCH DAMAGES OCCUR. COMPANY MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE SERVICE, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW.

7. Use of Service.

A. The Subscriber shall comply with all terms and conditions of this agreement.

B. This connection cannot be shared with other devices (i.e. other PCs, notebooks, etc.) or in other locations, as outlined in #2A above, unless expressly agreed upon as customized services.

C. The Subscriber shall not use the services in ways that violate laws, infringe the rights of others, interfere with users of our service or other service networks. The Subscriber is responsible for the knowledge of and adherence to any and all laws, statutes and regulations pertaining to or in any way connected with the services provided by The Company and all use of any information, data, material or service in violation of any such law, etc., is strictly prohibited.

D. By posting information in or otherwise using any communications service, chat room, message board, news group, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates The Company's rules or policies;

2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

4. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), (one site that addresses these issues is http://www.wa.gov/wwweb/AGO/junkemail/); chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or other information of any third party; or

6. Impersonates any person or entity, including any employee or representative of The Company.

You further agree that any contact with a minor will be done so in accordance with all Local, State and Federal Laws.

The Company, it's employees, agents and licensees, reserves the right, at their sole discretion and judgment, to pre-screen, monitor, edit or remove, the content posted by The Subscribers in, or at, but not limited to, services such as chat rooms, message boards, news groups, software libraries, or other interactive services that may be available on or through The Company's service that does not comply with this agreement, or is otherwise harmful, objectionable, or inaccurate. The Company is not responsible for any failure or delay in removing such content.

E. The Subscribers rights herein granted, cannot be transferred, assigned, shared, sold, or used by anyone other than The Subscriber. The Subscriber can use no more than one connection to the service provided by The Company, at any time, as outlined in #2A above.

F. The Subscriber shall not establish Internet (inbound) servers of any kind, including without limitation, Web, E-Mail, games, FTP, or the like.

8. Broadband Availability.

The Company reserves the right to control usage limits limiting the speed of uploads and downloads of any kind, in any or all protocols, including without limitation, file downloads (FTP's), Web browsing, etc.

9. Service Calls.

The Subscriber is responsible for the entire cost of service calls including labor, materials and equipment for all failures which are not the fault of The Company, determined by The Company, including without limitation, acts of God, weather phenomena, etc., including service calls to reinstall or reconfigure software.

10. Disputes.

In the event The Company is required to engage the services of an attorney because of a breach by The Subscriber of any of the terms herein contained or arising out of The Subscriber's use of the services provided by The Company in any other manner, and The Company prevails, The Subscriber agrees to pay all of The Company's reasonable attorneys fees and court costs. Upon breach of this Contract, all of The Subscribers' rights and privileges shall be immediately terminated and upon any such termination for breach of the provisions of this Contract, or the breach of any applicable law or statute governing the use of the services provided, all The Subscriber fees shall be forfeited as liquidated damages to The Company. In the event of litigation both parties agree that the law of the State of Texas shall apply and both parties consent to the jurisdiction of the courts of Eastland County, Texas. Both parties expressly waive a jury trial, if such powers for decision are available to the parties from the Court.

11. Contract Amendments.

The Company reserves the right to amend this contract from time to time, in its sole discretion, and any such amendments shall become effective immediately upon e-mail notification to The Subscriber. Upon such notice, The Subscriber can exercise right to terminate service(s) and agreement, without penalty for a period of 30 days, as outlined in #3 above.

12. Subscriber Age

The Subscriber certifies that he or she is at least 18 years of age or that a parent or guardian has given their express consent. The parent or guardian acknowledges responsibility for the minor's actions.

13. Entire Contract.

This Contract represents the complete understanding between the parties as to the subject matter hereof, and supersedes all prior written or oral negotiations, representations, guaranties, warranties, promises, orders, statements or agreements between the parties or any statement or representation made or furnished by any other person representing or purporting to represent either party.