STARTOUCH INC SUBSCRIBER AGREEMENT
1. DEFINITIONS. "The Company" means STARTOUCH, INC., located at 1354 Pacific Place, Suite 102, Ferndale, WA 98248. "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. "The User" refers to any individual who uses the services provided by Company with
the permission of both the Subscriber and the Company.
2. BACKGROUND & SERVICE COMPONENTS - 2.1 The Company is in the business of providing Microwave , Wireless, IP Transport, Co-Location, Internet backbone connectivity, and other related services.
2.2 The service ("the Service") to the Subscriber may consist of Internet, Layer2, bridging, or IP transit between its Network related sites as specified under the Subscriber Agreement ("the Subscriber's
Sites(s)"), including (unless otherwise specified) the Internet Connectivity. Unless otherwise specified in the Service Order, the Company remains the sole owner of all equipment used to provide
services to the Subscriber's premises and will be removed by Company upon termination of services. 2.3 Unless otherwise specified in the Service Order, the Service includes the following principal
components ("the Service Components"): Connectivity to the Internet using the Company as the Gateway; Port connectivity (upstream and downstream) from the Company's access devices positioned
at the Subscribers premises; and, Base Station facilities to backhaul the data from locations as defined in the Service Order.
3. THE SERVICE - 3.1 In accordance with the Service Order executed by the Parties (Part A). 3.2 To order a Service, the Subscriber shall accept these conditions by signing and submitting this Subscriber
Agreement, which is Part B of this Service Order to the Company. The signed Subscriber Agreement shall constitute the binding commitment of the Subscriber to purchase the Service described in the
Service Order on the terms set forth in this Agreement and of the applicable Service Order. In the event of any inconsistency between a Service Order and this Subscriber Agreement, the Subscriber
Agreement shall take precedence. Unless expressly stated otherwise in a Service Order, activation of a particular Service shall constitute the Company's acceptance of the relevant Subscriber
Agreement. 3.3 In order that it may continue to maintain the level and quality of the Service, the Company reserves the right to change or alter the configuration of the Service Components under the
Service Order and this Subscriber Agreement. 3.4 The service allows the Subscriber to access the Internet (if part of the Service Order). The use of the Internet service is at risk of the Subscriber and
subject to any applicable laws. The Company has no responsibility to any goods, services, information, software or other materials that the Subscriber obtain when using the Internet. 3.5 Subscriber
agrees not to share, or provide Company-owned services to any third party who is not designated to obtain services without the consent of the Company. 3.6 All connections are provided at
Half-Duplex unless specifically provided an agreed to by StarTouch, Inc. Requests for Full-Duplex services will be negotiated and contracted for prior to any installs, upgrades, or change of service
4. SUBSEQUENT SERVICE ORDERS - All subsequent Service Orders submitted by the Subscriber shall be subject to the General Terms of Service herein, or according to any separate and unique
Subscriber Agreement associated with the particular Service Order.
5. TERM AND TERMINATION OF THE SERVICE - 5.1 The Initial Term for Products and Services is One (1) or Two (2) Years as you have selected in the Service Order. This Agreement commences upon the
Subscriber's ability to receive IP packets or has received proper notification from the Company's Network Operations Center (NOC), and remains in effect for the selected rate plan period or until
terminated as herein provided. 5.2 Upon the expiration of the Term set forth in the Service Order, or this Subscriber Agreement, this Agreement shall
automatically renew on each Term or Anniversary date, for an additional 1-year Term. 5.3 The Subscriber may terminate this Agreement upon sixty (60) days
advanced faxed notice (360-384-3867), or other written notice sent to the address stated herein prior to the end of renewal date. (StarTouch, Inc. - 1354 Pacific Place, Suite 102, Ferndale, WA 98248)
5.4 Regarding early termination Subscriber shall pay to company upon discontinuance of service, the required monthly service fee under the required sixty (60) days notice, and a termination charge
equal to one half of the applicable monthly fees and charges multiplied by the number of months remaining in the current term after the sixty (60) notice is met. 5.5 The Company shall have the right
to suspend or terminate this Agreement at any time without prior notice to the Subscriber and without any liability to the Subscriber or the User. 5.6 The Subscriber also 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, should the Subscriber's account with the Company be terminated, for any reason, by either
the Company or the Subscriber. 5.7 Upon termination of service, Subscriber is required to give thirty (30) days advanced faxed notice, or written notice to Company for removal of Company owned
equipment. Subscriber shall pay for replacement of Company owned equipment if equipment is not recovered. 5.8. Customers who are not present when a technician arrives for an activation
appointment agree to be assessed a fee of $100.00 for at truck roll fee. This is not refundable.
6. SUBSCRIPTION CHARGES AND PAYMENT - 6.1 The Subscriber shall pay to the Company the charges associated with the rate plan selected, including without limitation, deposits, set-up fees,
equipment purchase and/or rentals, service charges, etc., all as set forth on the attached Service Order. Except for the first month of service, service fees are not prorated. 6.2 Usage-Based Pricing or
"Gig overages" - In addition to the monthly service level fee selected, the Company shall also have the right to establish incremental service charges for use of Company's services exceeding stated
thresholds as set forth herein. Said usage-based pricing (also known as "Gig overages") will be billed in arrears. For example, incremental usage above the threshold (pre-selected "Gigs") for the month
of January will be billed on a separate invoice on or about the 5th of February. 6.3 Changes - All charges are subject to change at Company's discretion upon thirty (30) days advance notice. 6.4
Payment - payment of all charges are due on the first day of the month. All periods of service shall begin on the first day of the month after service is initiated. 6.5 Accounts past due will be assessed a
$25.00 late fee. Accounts more than ten (10) days overdue will be temporarily disabled until full payment, including late fees, is received. 6.6 A $45.00 reconnect fee will be assessed on all disabled
accounts. Returned checks will be charged a fee of $30.00. 6.7 Accounts more than forty-five (45) days overdue will be cancelled and all STARTOUCH, INC.-owned equipment must be returned to
7. MUTUAL REPRESENTATIONS, WARRANTIES AND CONVENANTS - Each of the Parties represents, warrants and covenants with the other that it has the legal right, power and authority to enter into
and perform its obligations under the Subscriber Agreement and that it has taken all requisite partnership or corporate action, as applicable, to approve execution, delivery, and performance of the
Subscriber Agreement, and the Subscriber Agreement constitutes a legal, valid and binding obligation upon itself in accordance with its terms.
8. WARRANTIES OF THE COMPANY - Provided that the Subscriber performs its obligations under the Subscriber Agreement, the Company warrants subject to fair practice that it shall use reasonable
skill and care to establish that the Service, including all the relevant service segments under its control, meets the required Service specifications when these have been delivered.
9. FAULT & FAULT RESOLUTION - Where the supplied equipment or Service is faulty, or there is a reported outage, and it has been reported by the Subscriber by creating a trouble ticket with the
Company, the Company shall use its best effort to resolve such faults or outages.
10. FORCE MAJEURE - 10.1 No failure or omission by either Party to carry out or to perform any of the terms or conditions of the Subscriber Agreement shall give the other Party a claim against such
Party, or be deemed a breach of the Subscriber Agreement, if and to the extent that such failure of omission arises from Force Majeure. 11.2 The term "Force Majeure" as used in the Subscriber
Agreement shall include events beyond the commercially reasonable control and without the fault of negligence of the Party and includes (without limitation): acts of God, natural or manmade
catastrophe; earthquake; fire; flood; solar disturbances; sun outages; acts of any government in their sovereign or contractual capacity including acts of government controlled companies or any acts
that may impinge on or affect the RF frequencies; national emergencies; riots; act of war whether declared or not; strikes; epidemic; labor disputes; externally caused interferences; blockade,
insurrection or other causes beyond the reasonable control of either of the Parties.