On this day, This Terms of Service agreement (TOS) is entered into by <customer>, herein in after referred to as “I”, and Near You Networks Inc, herein after referred to as “NYN”. I expect to be provided with high-speed wireless Internet access. I expect to be advised by NYN to either purchase or lease from NYN or a computer dealer of my choice any and all computer software and hardware that I will need to receive this fast wireless internet access as made available by NYN. I agree to arrange for the proper installation and maintenance of this equipment. I expect to be offered and assisted with verbal technological guidance as provided by NYN.

I agree to keep my NYN Wireless Internet Account paid in full. My account will be considered “paid in full” by maintaining the equivalent of at least one-month of the internet access service charge, paid in advance, of the NYN monthly due date. I understand that the cost of service may be increased or decreased by NYN with a 60-day notice provided to me. I understand that I will have a choice of paying in monthly, quarterly, semi-annual or annual installments. I will choose the payment period and expect and will receive appropriate discounts for choosing the greater commitment period so as to reflect a greater discount from the monthly billing rate for so choosing the greater commitment period and paying for such service period.  I understand that if I cancel my residential contract before the end date, I will be assessed a termination fee in the amount of $175. I understand that if I cancel my commercial contract before the end date, I will be assessed a termination fee equal to three month's service fees. I understand that (NYN) is not to be held responsible for damages incurred by misuse or my improper handling of NYN equipment or any equipment owned or leased by me.  I understand that non-usage of my account is not proof of cancellation of my account.  If necessary I agree to return all equipment at the termination of my agreement, either by delivering the equipment in person or sent via common carrier to NYN offices.

I will not hold NYN responsible for any damages whatsoever that may be encountered through the use or non-use of any Internet service, provided or not, due to any interruptions or any delay in service caused by any technical failure or defect of any software or hardware which may be needed to enjoy the NYN Internet access service. I agree and authorize NYN to discontinue my Internet access service in the event that my account is found to be 30 days in arrears.

I and any users of the NYN internet connection authorized by me, promise to prohibit any such use of the NYN Internet connection services in any ways that violate laws, infringe on the rights of others, or interfere with other users of either NYN’s or another service’s networks.  I am 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 NYN, and all use of any information, data, material, or service in violation of any such law etc, is strictly prohibited. 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 me on or through this service, I agree that I will not upload, post, or otherwise distribute or facilitate distribution of any content – including, but not limited to; text, communications, software, images, sounds, data, or other information -- that:

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 Company's rules or policies;

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

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

Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

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

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

I further agree that I will not knowingly solicit or collect personal information from a minor without appropriate prior verifiable parental consent.

NYN generally does not 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 the use of this fast wireless Internet connection service. However, NYN and its agents have the right at their sole discretion to remove any user or content that, in NYN’s judgment, does not comply with these rules or is otherwise harmful, objectionable, or inaccurate. Further I agree to hold harmless NYN for any failure or delay in removing such content.

My rights to use this Internet access service are herein granted and I agree  they  cannot be transferred, assigned, shared, sold, or used by anyone other than me.

I understand and acknowledge that my internet access account will be subject to a 300 Megabyte-per-day traffic limit, and that by exceeding 10 Gigabytes of data transfer per month, I will be billed and required to pay a $1.50 per Gigabyte bandwidth fee.

I or any authorized users of my NYN internet connection shall not establish Internet servers of any kind, including without limitation, Web, E-Mail, games, FTP, or the like, without receiving prior written authorization and agreeing to special additional pricing for such additional internet service as may be offered by NYN.