Terms & Conditions

TERMS AND CONDITIONS

The following Kellin Communication’s Member Agreement is entered into between Kellin Communications. A Limited Liability Corporation, and the Member designated on this document. The parties agree to the following:

1. INSTALLATIONS AND SERVICE

1.1 Member hereby agrees to purchase services described on the attached Installation Form. The schedules attached to this Agreement are an integral part of this Agreement and incorporated herein. The Services are subject to Kellin Communications Standard Terms and Conditions [as in effect as of the date of this Agreement] [as amended and updated from time to time by Kellin Communications] made available for Member's review at www.Kellin.net (the "Standard Terms and Conditions"). The Standard Terms and Conditions are hereby incorporated into this Agreement.

1.2 The Member hereby authorizes Kellin Communications or its authorized contractor to install a transceiver, modem, software, wiring, and any other optional, mutually agreed upon equipment (the Equipment) in the Member's premises, necessary in order to provide Kellin Communications service.

1.3 Any custom installation work that is requested including placing cable under carpeting, through walls, or inside moldings will require an additional charge to be determined and agreed upon in advance.

1.4 Kellin Communications will not be liable for any alterations to the premises that result from the installation or removal of the Equipment, including, but not limited to, holes in walls, cable wiring or antenna mounting brackets.

1.5 The Member warrants that you are at least 18 years of age and that you own the premises or has received permission from the owner of the premises to make any changes in the premises needed to install the Equipment and receive Services. In addition, it is the Member's obligation to confirm that the placement of the transceiver on the premises is not in violation of any restrictive covenants, conditions or homeowner restrictions.

1.6 The Member agrees to allow Kellin Communications or its subcontractor access to the premises to perform installation, repair or maintenance in support of the Services.

1.7 The Member agrees to use the Services only for residential or home-based business purposes.

1.8 Kellin Communications may revise, modify or discontinue any or all aspects of the Services, including but not limited to service and equipment prices, any applicable tariffs, and any terms of this Agreement.

1.9 Notice to the Member of any restrictions or modifications will consist of updating the terms and conditions on the Kellin Communications web site or sending e-mail to the Member.

1.10 Kellin Communications assumes no responsibility or liability for interception of the Services.

TERM AND TERMINATION FEE

3.1 the term of this agreement is for _________ months.

3.2 At the end of the initial term, the Agreement will automatically renew for successive one-month periods at the current monthly "no contract" rate, unless the Member advises Kellin Communications in writing that they wish to terminate the Service.

3.3 If the Member terminates this agreement prior to the end of the Term, the Member agrees to pay Kellin Communications a termination fee of $20 a month times the number of months remaining in the Term at the time of termination.

3.4 Kellin Communications has no obligation to remove the Equipment if the Member terminates the Services. If the Member fails to pay the termination fee, Kellin Communications may, but is not required to, remove and resell or reuse the equipment.

3.5 If the Member moves out of the premises, Kellin Communications may terminate this agreement and disconnect the Services and the Member will be liable for the Termination fee.

3.6 Satisfaction Guarantee -The Member may cancel this agreement at any time within Thirty (30) days of signing this document. The receiver must be returned in good condition and a full refund will be credited. The Monthly Service Fee will be prorated versus the number of days used from installation to termination, but the cost Of installation will not be returned.

LIMITED WARRANTY, SERVICE & REPAIRS

4.1 Kellin Communications will provide a limited parts and labor warranty for the Equipment and the installation thereof during the initial term of this agreement.

4.2 This warranty excludes any damage resulting from abuse or negligence, or Acts of God, as determined solely by Kellin Communications.

4.3 This warranty is in lieu of all other warranties, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.

4.4 If the equipment is sold, any warranties will automatically and immediately terminate.

4.5 Any repair or replacement of the Equipment and/ or correction of an installation problem, following expiration of the Agreement, will be the Member's responsibility. If Kellin Communications damages the premises during the Services installation or during maintenance; Kellin Communications will compensate the owner of the Premises for reasonable actual and demonstrated costs of necessary repair not to exceed $1,000.

INTERNET ACCESS

5.1 The Member agrees to abide by Kellin Communications Acceptable Use Policy.

5.2 The Member accesses materials on the Internet at their own risk.

5.3 Kellin Communications may deny the Member access to all or part of the services without notice if this Agreement is breached, including but not limited to Kellin Communications acceptable use policy.

5.4 The Member agrees to not resell the service to any other users. The Member further agrees to comply with any bandwidth usage or other limitations on the services set by Kellin Communications in its sole discretion. The Member is responsible for ensuring that their usage of the service does not improperly restrict, degrade or adversely affect any other user's use of the services, nor represent, in Kellin Communications sole judgment, an unusually large burden on the network itself. If Kellin Communications determines that the Member s exceeding bandwidth limits, the Member will be notified by mail and given fifteen (15) days to be within compliance. If excessive use continues after fifteen (15) days, Kellin Communications may take any action it deems necessary, including, but not limited to, terminating the Services, to ensure that usage does not adversely affect Kellin Communications ability to provide service to other Members. You will be notified about any such action in writing.

5.5 Kellin Communications will assign to you a Kellin Communications owned Internet Protocol address (IP Address), which is the exclusive property of Kellin Communications and is not portable. Kellin Communications may change the Address at any time without liability and without prior notice to you. Kellin Communications will use reasonable efforts to avoid any disruption by notifying you prior to changing the IP address.

5.6 Kellin Communications gathers information about Internet usage such as the sites visited, session lengths, bit rates, number of messages, and bytes passed. This aggregate information is used in its aggregate and may share this data with other parties. Kellin Communications uses personal identifiable information obtained from the Member and from other sources for billing purposes, to provide and change service, or to identify, create, or inform you of products and services that better meet your needs. Kellin Communications will not use or disclose personal identifiable information regarding Internet usage unless compelled by a court order or subpoena, you consent to the disclosure, or to protect Kellin Communications services and facilities.

LIMITATIONS OF LIABILITY AND INDEMNIFICATION

6.1 Neither Kellin Communications nor its subcontractors will be liable for any loss of data or damage to hardware that occurs during installation of any service performed on the Member's computer in support of Kellin Communications Services. The Member agrees that it is your responsibility to completely backup any computer data prior to installation. THE MEMBER FURTHER AGREES THAT KELLIN COMMUNICATIONS AND ITS SUBCONTRACTORS ARE NOT RESPONSIBLE FOR ANY

PROBLEMS WITH THE MEMBER'S COMPUTER FOLLOWING THE INSTALLATION OF OR ANY SUBSEQUENT SERVICE PERFORMED ON YOUR COMPUTER IN SUPPORT OF KELLIN COMMUNICATIONS SERVICES.

6.2 THE MEMBER'S EXCLUSIVE REMEDY FOR ANY AND ALL LOSSES RESULTING FROM THE INSTALLATION OF EQUIPMENT AND THE USE OF THE SERVICES, INCLUDING KELLIN COMMUNICATIONS OR ITS SUBCONTRACTORS NEGLIGENCE, WILL BE LIMITED TO FEES PAID TO KELLIN COMMUNICATIONS UP TO THE TIME THE DAMAGE IS DISCOVERED.

6.3 THE SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER KELLIN COMMUNICATIONS NOR ITS AFFILIATES WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

6.4 KELLIN COMMUNICATIONS, ITS AFFILIATES, AND ITS SUBCONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING PERSONAL INJURIES, PROPERTY DAMAGE OR LOSS OF BUSINESS, THAT RESULT IN ANY WAY FROM THE USE OF OR INABILITY TO USE THE SERVICES OR TO ACCESS THE INTERNET OR ANY PART HEREOF OR YOUR RELIANCE ON OR USE OF OFFERS, CLAIMS, REPRESENTATIONS, PROMOTIONS AND TRANSACTIONS, INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE INTERNET OR THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSION OR ANY FAILURE OF PERFORMANCE.

6.5 The Member agrees to indemnify, defend, and hold Kellin Communications, its affiliates, and subcontractors harmless from any claims made by third parties arising out of the use of the Equipment or the Services by the Member or an authorized user of the Member's account, including the placement or transmission of any message, information, software or other materials on the Internet.

6.6 These limitations on liability and indemnification provisions inure to the benefit of and apply to: (1) Kellin Communications, (2) any successor to Kellin Communications business by way of merger purchase of assets, or operation of law, and (3) any subcontractors performing work on behalf of Kellin Communications.

The Member's acceptance signature on this Agreement acknowledges that the Member understands and accepts the terms and conditions set forth in the Agreement, that the Member is duly authorized to execute and deliver this Agreement on Member's behalf, and that Member agrees to be bound by the provisions of this Agreement.