T and C

These Terms of Service set forth the basic rules which apply to AIrCom Broadband, Inc (hereafter referred to as ACB) ACB's services and use of its system. ACB may change these Terms of Service in the future upon notice published on-line or otherwise provided by ACB. BY USING ACB's SERVICES AND SYSTEM, A SUBSCRIBER AGREES TO COMPLY WITH AND TO BE LEGALLY BOUND BY THE TERMS OF SERVICE AS PUBLISHED ONLINE OR OTHERWISE AVAILABLE FROM ACB FROM TIME TO TIME. If the Terms of Service, ACB's services, system, or pricing is or becomes unacceptable to a subscriber, the subscriber's only right shall be to terminate its account in accordance with the Section labeled Termination and Suspension" below.
Lawful Use ACB's system and services may only be used for lawful purposes and in a manner which ACB believes, in its sole discretion, to be consistent with the rights of other ACB subscribers and third parties. While ACB is not responsible for the content of hosted Web Sites, content on all ACB hosted Web Sites must comply with all laws and must not infringe the rights of any third party. ACB's services and system may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, ACB's services and system shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory. Use and access to other networks through ACB's system must comply with the rules for such other networks.

Changes to Service The services provided by ACB and ACB's system are expected to change from time to time. ACB reserves the right to change any service offered or the features of any service offered or its system without notice, including changes to access and use procedures, such as idle disconnections, and system hardware and software.

Payment Terms A subscriber must pay fees per ACB's rate schedule in effect from time to time as a condition to obtaining access to ACB's services and system. A subscriber also must pay any sales, use or like taxes. If the payment method is by credit or debit card and payment is not received by ACB from the card issuer or its agents, the subscriber agrees to pay all amounts due upon demand by ACB. Rate changes will be effective when published on-line or otherwise provided to subscribers. Payment terms of quarterly fees are net 15 days. Payments not made within 20 days of billing date are considered delinquent. Delinquent accounts are subject to a $5.00 or 5% late charge, whichever is greater. If an subscriber is still in delinquent status on the first of the month, the subscriber's account will be terminated. Monthly charges will not be pro-rated.

Termination and Suspension Either subscriber or ACB may, at its sole discretion, terminate the subscriber's account at any time with or without reason. ACB also may, at its sole discretion, suspend a subscriber's account at any time with or without reason. ACB will terminate delinquent accounts on the first of the month. Monthly charges will not be pro-rated. TERMINATION OR SUSPENSION DOES NOT RELEASE LIABILITY FOR CHARGES DUE. ACB may delete all data, files or other information that is stored in subscriber's account of hosted Web Site upon termination. Provisions set forth below in the sections entitled "Software", "No Warranty; Limitation of Liability" and "Indemnity" shall survive termination.

No Warranty; Limitation of Liability Use of ACB's services and system and the internet in general is at user's sole risk. ACB does not warrant that its services and system will be uninterrupted, error free, free from unauthorized intrusion, or that ACB's services or system will meet any particular criteria of performance or quality; nor does ACB make any warranty as to the results or information obtained from use of its service or system or the Internet in general. ACB's services and system are provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, including implied warranties of merchantability, fitness for a particular purpose, compatibility, security or accuracy, all of which warranties are hereby expressly disclaimed except to the extent any warranty cannot be disclaimed under applicable law. Under no circumstances shall ACB be liable for any indirect, incidental, special or consequential damages, including, without limitation, loss of profits. Without limiting the foregoing, ACB will not be liable for damages resulting from the use or inability to use all or any part of ACB's system or services, reliance by any person on information obtained through ACB's service or the Internet, deletion or loss of files or e-mail, viruses, any delay or failure of performance, or unauthorized access to records or files. The maximum liability of ACB to any subscriber or user for any and all loss, claim, damage or liability of any kind, including due to ACB's negligence, shall be limited to the amount paid by the subscriber or user to ACB during the one month period preceding the claim. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to every subscriber.

Non-Transferability Subscriber's account and right to use ACB's services and system is not transferable without ACB's consent. Subscriber agrees to protect its password and account and to keep them secure from unauthorized users and use.

Indemnity The subscriber agrees to indemnify and hold harmless ACB, its directors, officers, shareholders, agents, employees and its other subscribers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of subscriber's account or the subscriber's Web Site whether or not authorized.

Confidentiality ACB treats E-mail messages as private. Exceptions are those permitted by law, including under the Electronic Communications Privacy Act of 1986 (the "ECPA"). The ECPA permits ACB limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate the system or protect ACB's rights or property, (ii) upon legal demand (court orders, warrants, subpoenas) or (iii) where ACB receives information inadvertently which appears to pertain to the commission of a crime. Users should be aware that electronic messages may be intercepted lawfully or unlawfully outside of ACB's system. In addition, although ACB has implemented certain security measures, ACB cannot guarantee that its system or stored data of a subscriber will be free from unauthorized intrusion or otherwise guarantee the privacy of information of any user.

Interpretation These Terms of Service supersede all other written and oral communications or agreements with regard to the subject matter. A waiver or modification of these Terms of Service shall only be effective if in a writing signed by an authorized officer of ACB. These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Florida without regard to choice of law principles. If any provision of these terms and conditions is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law.

Parties Bound This agreement shall be binding on and inure the benefit of the contracting parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this Agreement.

Governing Law This agreement shall be construed under and in accordance with the laws of the state of Florida, and all obligations of the parties under this agreement are performable in Okaloosa County, Florida.

Legal Construction If one or more of the provisions contained in this agreement shall be for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if the provision had never been contained in it.

Prior Agreements Superceded This Agreement constitutes the sole and only agreement of the contracting parties and supercedes any prior understandings or written or oral agreements between the parties respecting it's subject matter.

Attorney's Fees If any action at law or in equity is brought to enforce the provisions of this agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief that may be available.