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LEGAL

Pass Word Inc.
Internet Service Subscriber Contract
THIS IS A LEGALLY BINDING CONTRACT AND BY USING COMPANY'S SERVICES YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

1. Definitions.

"Company" shall refer to Pass Word, Incorporated DBA Pass Word (a Washington Corporation), its agents, successors, and assigns. This includes its subsidiaries including but not limited to Fastlane-I. Main business office is located at 1303 W First Ave, Spokane, Washington 99201.

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

2. Price.

A. General. The Subscriber shall pay to the Company the charges associated with the rate plan selected. These may include but are not limited to, installation fees, equipment purchase or rental, service charges, etc.

B. Usage Based Pricing. The Company reserves the right to establish incremental service charges for use of Company's services which exceed stated thresholds as set forth from time to time. Said usage based pricing will be billed in arrears. For example, incremental usage above the threshold for the month of January will be billed on February's invoice.

C. Changes. Charges for service are subject to change at Company's discretion upon thirty days advance notice.

D. Payment. With the exception of usage-based fees, which Company shall bill in arrears, payment of all charges, are due, on the first day of the service period. After the initial calendar month in which service begins, all periods of service shall begin on the first day of the calendar month. The Company shall send Subscriber its billing statements approximately the 25th of the month. Company may assess a 4% late penalty on past due balance outstanding on the 25th and temporarily disable service until it receives full payment. Company may assess its then-current reconnect fee, but not less than $10.00, to restore service on a disabled account. Returned checks will be charged Company's then-current returned-check fee, but not less than $25.00. With the exception of the first month of service, MONTHLY SERVICE WILL NOT BE PRORATED.

3. Term and Termination.

This agreement commences upon activation of service by the Company and remains in effect until either party chooses to terminate it, subject to the following limitations:

A. Subscriber may terminate this agreement immediately by providing Company with written notice. Written notice may be in the form of an email message, however verbal confirmation by telephone is required in order to validate this.

B. Subscribers that lease their equipment shall pay to Company upon discontinuance of service, a termination charge equal to the present monthly fees and charges multiplied by the number of months remaining in the lease term.

C. Subscriber is responsible for the removal and return of all leased equipment within 1 week of termination of service. Subscriber may request that Company remove this equipment, and Company will charge its then-current customary fee for removal, but not less than $50.00. Company will bill Subscriber the current replacement cost for any damaged equipment or equipment not returned within 1 week of service termination.

D. In the event that Company becomes unable to provide this service any longer, it shall have the right to suspend or terminate this agreement at any time without prior notice to subscriber.

E. Company may modify this agreement by giving 30 days written notice to Subscriber.

F. The Subscriber also agrees that the Company has the right to delete all data, files (email messages, web page files, etc.), or other information that resides or is stored on the Company's hardware, upon termination of service with the Company, for any reason, by either the Company or the Subscriber.

4. Indemnification.

Subscriber and User 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 Subscriber, User, or any of their personnel, whether or not Subscriber or User has knowledge of or has authorized such access or use, including, without limitation, claims for libel, slander, an invasion of privacy, infringement of copyright, patent infringement (where Subscriber or User has used, connected, or combined the service with the products or services of others), negligence, breech of security, or tortious behavior. 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 Subscriber or its users 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 (the "content") are provided "As Is" and are "As Available" for subscribers use. The content is provided without warranties of any kind, either expressed or implied, including, but not limited to, Implied warranties, merchantability, fitness for a particular purpose, or non-infringement. The Company and its licensors, agents, and employees do not warrant that content shall be accurate, reliable, or secure; that the services will be available at any particular time; that defects or errors will be corrected; nor that the content will be free of viruses or other harmful components. Subscriber's use of this service is sole at Subscriber's own risk. Company offers no warranty on equipment beyond that extended by its manufacturer. It shall be the responsibility of Subscriber to handle any warranty claims directly with the manufacturer. Company will make a reasonable effort to assist Subscriber in obtaining information required for warranty repair of equipment that it has sold to Subscriber.

6. Limitation of Liability.

Company shall not be liable for interruptions in service caused by failure of equipment or services not provided by the Company. Examples include but are not limited to: Failure of 3rd party communications facilities, power outages, or other interruptions not within the complete control of the Company. Company shall not be liable for performance deficiencies caused or created by subscribers or its users equipment. Company is hereby released from liability arising from any content accessed via the service. 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. Company shall not be liable if changes in operation, procedures, or services require modification or alteration of subscriber's equipment, render the same obsolete, or otherwise affect its performance. In no event shall 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 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 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. If a court of competent jurisdiction shall find Company liable for damages, the above limitations not withstanding, Subscriber agrees that such damages shall be limited to fees for one year's service or $250.00, whichever is less, as liquidated damages.

7. Use of Service.

A. Subscriber shall insure that its users shall comply with the terms and conditions of this agreement.

B. Subscriber and its users shall not use or permit its end users to use the services in ways that violate laws, infringe the rights of others, and interfere with other users of Company's service or other service networks. 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, statutes and regulations, is strictly prohibited.

C. 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 Subscriber on or through this site, Subscriber agrees not to 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, tortious, 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 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 the sending of mass emails or unsolicited commercial email (also known as SPAM), (Washington State law also addresses these issues, see 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. Subscriber further agrees not to knowingly solicit or collect personal information from a minor without appropriate prior verifiable parental consent. Company shall not generally have the responsibility to pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, news groups, software libraries, or other interactive services that may be available on or through this site. However, Company and its agents shall have the right at their sole discretion to remove any content that, in Company's judgment, does not comply with these rules or is otherwise harmful, objectionable, or inaccurate. Company shall not be responsible for any failure or delay in removing such content.

D. Subscriber's rights herein granted, cannot be transferred, assigned, shared, sold, or used by anyone other than the Subscriber. Subscriber may extend service within his or her own home or business, ONLY for use by a single family or business. This may be done using a NAT device and either hardwired or wireless connections to individual computers. In the case of wireless connections, Subscriber must coordinate with the Company's technical service department to insure that wireless equipment is configured so that it will not cause interference to Company equipment. Subscribers internal wireless network shall incorporate measures to insure that it does not create a network that is readily accessible by the general public. These include at minimum, use of MAC filtering, WEP encryption, and if possible not broadcasting E.S.S.I.D. Subscriber shall not use Company's service to provide a "public wireless hotspot", without prior written permission by the Company.

E. Company reserves the right to establish and enforce time limits and/or session limits for connecting to the Company's services when using an emergency "dial up" service (where available).

F. Public IP addresses may be assigned as needed, however if more than one is needed, Subscriber will have to justify the need. These addresses are NOT portable and remain the property of Company. Company reserves the right to change Subscribers Public IP address from time to time.

G. Subscriber and/or users shall not establish internet servers of any kind. This includes without limitation, Web Servers, E-Mail Servers, Game Servers, FTP Servers, File distribution Servers (Bit Torrent, Blizzard down loader, BareShare, Gnutella, etc.) Company may at its sole discretion authorize certain types of servers, but shall require written authorization and a special pricing agreement.

8. Broadband Availability.

Company reserves the right to establish and enforce usage limits limiting the speed of uploads and downloads of any kind, as necessary to insure an optimum grade of service for all subscribers. This may include limiting or in some cases blocking certain TCP or UDP ports from time to time, for some or all subscribers.

Company reserves the right to monitor any and all communications and activity through or with the Company's internet service to ensure adherence to the terms and conditions of this Agreement.

Subscriber agrees that the Service shall not be considered a secure communications medium and that the Company shall not guarantee privacy. Subscriber may wish to incorporate 3rd party encryption methods such as VPN software or hardware, if security is a significant issue.
In the event that Company determines in its sole discretion that a Subscriber's activities are disrupting service to other Subscribers, Company, may suspend or terminate the account(s) involved and/or may remove any material from its servers without notice.

9. Service Calls and Help Desk.

The Help Desk will make a reasonable attempt to provide telephone assistance during regular business hours (8:00 AM - 5:00 PM M-F). There is no charge for this assistance, but it is strictly limited to problems arising directly from use of the Company's internet services and excludes problems related to Subscribers personal hardware and software. Problems with a Subscriber's own internal network whether hardwired or wireless shall be the sole responsibility of the Subscriber. Trouble reporting number (509) 624-5235 is operational 24 hrs, every day. After regular hours an on-call technician will be notified as soon as reasonably possible, and assess the problem. System problems will be fixed as soon as reasonably possible. Problems that affect only a single subscriber will be handled the next business day. Subscriber is responsible for the entire cost of service calls including labor, materials and equipment for all failures that are not the fault of the Company including without limitation, acts of God, weather phenomena, failure of Subscriber owned equipment, etc., including service calls to reinstall software. Company's then-current customary standard service rates shall apply, but not less than $65.00 per hour 8-5 M-F or $97.50 per hour after hours and holidays.

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, the Subscriber agrees to pay all of the Company's reasonable attorneys fees and court costs. Upon breach of this Contract, all of 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 Subscriber fees shall be forfeited as liquidated damages to the Company. In the event of litigation, both parties agree that the law of Washington shall apply and both parties consent to the jurisdiction of the courts of Spokane County, Washington. Both parties expressly waive a jury trial.

11. Content.

The Company shall have the sole right to decide what information (Web Page content, etc.) can or cannot be uploaded onto, or reside upon, the Company's system and the Company has the right to delete all such information data, or files that it decides cannot reside on the Company's hardware.

12. 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 upon promulgations, subject to the terms of this agreement.

13. Eligibility.

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.

14. 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.

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509-624-5235 Phone • 800-669-8737 Toll Free
1303 W. First Ave. • Spokane, WA 99201

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