myOsseo is an Internet access service, subject to the terms and conditions of this myOsseo Internet Access Subscription Agreement Terms of Use ("Agreement"). This Agreement, the myOsseo subscription Agreement, myOsseo Parental Controls, and myOsseo Privacy Policy constitute the entire agreement between you (hereinafter "you" or "your" or "Customer," which includes any person using your account) and myOsseo.

myOsseo reserves the right to change this Agreement at any time by posting changes online on the myOsseo Web site at least 30 (thirty) days in advance of the effective date of any changes. You are responsible for regularly reviewing information posted online in the "myOsseo Pricing" offering to obtain timely notice of such changes. Your continued use of myOsseo 30 days after changes are posted constitutes your acceptance and consent to this Agreement as modified by the posted changes.

This Agreement takes effect on the date on which you accept this Agreement and continues until your myOsseo subscription is terminated either by you or by myOsseo pursuant to the terms hereof. You remain obligated for all amounts then due myOsseo even after termination.

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use myOsseo in accordance with this Agreement. You may terminate your myOsseo subscription at any time, with or without cause, upon notice to myOsseo; provided that you are responsible for all charges, which have been incurred; and returned your CPE, prior to your termination. myOsseo may terminate or suspend your myOsseo subscription at any time, with or without cause, with or without notice. Your myOsseo subscription is personal to you. You agree not to assign, transfer, resell or sublicense your rights as a customer unless specifically allowed by this Agreement. The subscription must be available to your location. Some services require separate active connection service in order for the subscription to work. You are responsible for charges for the subscription regardless of the status of these separate services. Changing service providers may result in substantial interruption of the subscription and may result in fees associated with cancellation and setting up a new account. Your computer may have to meet certain minimum requirements, which may be found on the myOsseo homepage at: www.myosseo.com.

myOsseo will not allow you to have additional customer accounts associated with your account. You may allow other household customers (including minors) to use your subscribed account by adding equipment (such as a router) to provide service to other computers within the household, provided that you agree to pay all charges that are incurred by yourself or others using your account. As between myOsseo and you, you are solely responsible for all usage of your account, including any violations of this Agreement. Your customer account will be terminated for violations of this Agreement by yourself or others utilizing your account. You agree not to assign, transfer, resell, sublicense or otherwise distribute your right or access to your account outside of your household.

You acknowledge that some areas of the Internet may contain material that is unsuitable for minors, and you agree to supervise usage by minors whom you permit to use your myOsseo account. Parents may want to use a program capable of restricting access to unsuitable material on the Internet or other services that may be available.

You acknowledge and agree that the party being billed for your myOsseo subscription (that is, the party who is responsible for the credit card or other payment account associated with your account) has the right to terminate the customer account at any time, make changes to your customer account information and to request and receive usage information related to such accounts.

You agree to be bound by the terms of the myOsseo subscription Agreement which may be amended from time to time.

As a condition of your use of myOsseo, you warrant to myOsseo that you will not use myOsseo for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Any unauthorized commercial use of myOsseo, or the resale of its services, is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations. You are solely responsible for all acts or omissions that occur under your account or password, including the content of these transmissions through myOsseo You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software or services obtained from or through myOsseo.

You agree not to do any of the following while being connected to myOsseo:

• Use myOsseo or any of its related services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming, or any duplicative or unsolicited messages to parties with whom you have no prior relationship (commercial or otherwise).



• Send unsolicited e-mail or instant messages through third-party mail servers to relay your message or hide the origination of your message or any other message to others.



• Use your e-mail accounts in the text of unsolicited e-mail messages or Web sites as an address to which customers, customers, or other Internet users can respond.



• Mass-post, cross-post, or post off-topic messages to any newsgroup or bulletin board service.



• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.



• Publish, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material or information.



• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.



• Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.



• Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.



• Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy, or publicity or any other applicable law unless you own or control the right thereto and have the legal right to do so or have received all necessary consents.



• Interfere with or disrupt networks connected to myOsseo or violate the regulations, policies, or procedures of such networks.



• Attempt to gain unauthorized access to myOsseo, other myOsseo accounts, or computer systems or networks connected to myOsseo through password mining, hacking, or by any other means.



• Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States.



• Interfere with another customer's use and enjoyment of myOsseo or another individual's or entity's use and enjoyment of similar services.



• View, intercept, or attempt to intercept e-mail or other private communications not intended for you.



• Post messages to public message areas which violate any restriction in that area's charter policy.

Customer shall not allow unauthorized connections to myOsseo, unauthorized reselling of myOsseo, or the solicitation of myOsseo customers to become customers to other online service providers in competition with myOsseo, nor shall the customer make any unauthorized copies or duplications of any myOsseo material, advertising, forms, brochures, pamphlets and the like which is the property of myOsseo.

Any customer attempting to harm or cause damage to myOsseo equipment in any way will be billed for the repair and or replacement in its entirety to track the offending customer and repair damage, if any, that the customer may have caused.

Without limiting any of myOsseo's rights to terminate your myOsseo subscription as described elsewhere in this Agreement and the myOsseo subscription Agreement, myOsseo may, without notice, terminate your myOsseo subscription for violation of any of the foregoing rules by any party utilizing your customer account.

myOsseo has no obligation to monitor anyone's use of myOsseo or retain the content of any user session. However, myOsseo reserves the right at all times and without notice to delete any content and to monitor, review, retain and/or disclose any content or other information in myOsseo's possession, however obtained, about or related to you, your use of myOsseo or otherwise as myOsseo deems necessary or useful to satisfy any applicable law, regulation, legal process, or governmental request.

hen using myOsseo, you are subject to all the rules specified by the services and Web sites you visit. This includes other myOsseo services and Web sites as well as services and Web sites operated by third parties. If another party reports that you have violated their rules, you agree that myOsseo may take appropriate action just as if you had violated this Agreement.

You must promptly notify myOsseo if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your myOsseo user name or password.

Questions regarding acceptable use or to report violations of this policy should be sent to abuse@myosseo.com.

For charges and billing, please refer to the terms and conditions contained in the myOsseo subscription Agreement and the myOsseo subscription Offerings. You will be charged a monthly service fee and applicable taxes and other fees. Some services may also include charges for hardware, activation or early cancellation. myOsseo may offer, from time to time, certain promotions with different terms, activation fees, and monthly charges. You must provide accurate billing information including legal name, address, telephone number, and credit card/billing information, and report all changes to this information immediately. You agree to pay all taxes, surcharges, and fees set by the government. We may not always give advance notice of changes to these items.

Charges may be billed to your credit card, debit card or bank account, as applicable, each month for the subscription and any additional usage, services, taxes and fees. myOsseo is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by myOsseo. You agree to maintain valid and current credit card information on file with myOsseo at all times.

myOsseo reserves complete and sole discretion with respect to the operation of myOsseo. myOsseo may, among other things: (a) take any action (legal and/or technical) that myOsseo deems appropriate to prevent bulk e-mail from entering or leaving any myOsseo e-mail account; (b) delete e-mail if it has not been accessed by you within a time established by myOsseo from time to time, in its sole discretion; (c) not process e-mail or instant messages due to space limitations; (d) make available to third parties information relating to myOsseo and its customers as allowed by federal, state, and local data privacy laws; (e) automatically log off any accounts that are inactive for an extended period of time, as determined by myOsseo; and, (f) withdraw, suspend, change, or discontinue any functionality or feature of myOsseo. The amount of e-mail message storage space per customer may be limited; therefore some e-mail may not be processed due to space constraints. You agree that myOsseo is not responsible or liable for the loss, deletion or failure to store or accept messages or other information. The use of any software that would prohibit myOsseo's automatic log off system or part thereof from performing as intended is prohibited. Email accounts exceeding allotted email space may, depending on the subscription and at myOsseo's discretion, be suspended and be transferred to a compressed temporary file or storage or may be deleted. myOsseo may delete the temporary file from the server 60 days after notifying you. You agree not to provide any public information services over a dial-up connection.

A myOsseo account shall not be used to run a server providing an information service over a customer's Internet connection such as an FTP or WWW server or similar server. Although a myOsseo account allows unlimited monthly access, to ensure the system is not abused and all customers have equal access, a connection may automatically be disconnected after two (2) hours of idle connection or twenty-four (24) consecutive hours of connectivity.

myOsseo is firmly committed to maintaining appropriate data privacy; our data gathering and dissemination are governed by state and federal laws, including the Minnesota Government Data Practices Act, Minnesota 2004 Statutes, Chapter 13 in addition to myOsseo's Privacy Policy.

The subscription speed can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of myOsseo. myOsseo does not guarantee upload or download speeds. Some line stabilization may be necessary for service. Stabilization could include the lowering of provisioned line speed. Should this occur, myOsseo will NOT be able to increase the line speed once the connection is stabilized. Some subscriptions may only work using certain phone service carriers or non-PBX (including rollover/party line) phone systems. Some services may require the use of specific hardware and/or software and may be limited by specific geographic location.

You may purchase a separate dial-up account while waiting for certain subscriptions that require installation. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or any other charges, including simultaneous login charges. myOsseo is not responsible for any long-distance, toll, or other charges you incur. Toll-free (800, 888, 877), international, and simultaneous login access costs will be extra. Current prices are listed on the myOsseo homepage at www.metroprovider.com. myOsseo may change its POP numbers at any time. myOsseo reserves the right to direct you to use certain numbers to access the subscription or to restrict use of specific access numbers. Usernames, passwords, email addresses and IP addresses are myOsseo's property and myOsseo may alter or replace them at any time.

myOsseo does not claim ownership of the materials you provide to myOsseo (including feedback and suggestions) or post, upload, input, or submit to any myOsseo Web site or its associated services (each a "Submission" and collectively called "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting myOsseo, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. myOsseo is under no obligation to post or use any Submission you may provide and myOsseo may remove any Submission at any time, in its sole discretion. By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission, as described in this section including, without limitation, all the legal rights necessary for you to provide, post, upload, input, or submit the Submissions.

myOsseo offers free telephone and e-mail support to assist customers with the setup and configuration of myOsseo Internet accounts.

myOsseo offers onsite technical support to assist customers with the setup and configuration of myOsseo Internet accounts at a cost established by myOsseo.

myOsseo telephone-based technical support is to be used when a customer requires assistance with problems involving the process establishing an Internet connection, as well as with problems concerning the sending and receiving of Internet e-mail. myOsseo telephone-based technical support is not to be used for other applications, including but not limited to, questions regarding writing or setting up WWW pages, nor for assistance on how to use any operating system (e.g.Windows, MacOS, or Unix).

myOsseo customers may also receive e-mail-based technical support from support@myosseo.com. E-mail messages are answered based on priority and most messages will be responded to by the next business day after receipt.

Support is not available by visiting myOsseo's administrative offices. myOsseo does not offer technical support for Internet connections to other Internet providers or customers, or any other problem not related to our myOsseo connection to the Internet. myOsseo technical support is unable to provide support for "alpha", "beta", pre-release software or software that is no longer supported by the manufacturer. myOsseo technical support is only able to provide technical support for products or services sold directly by myOsseo.

myOsseo is not responsible for the performance of services provided by organizations outside of myOsseo including the speed of Internet connections not owned or operated by myOsseo, or the operation or reliability of any Internet server or computer not owned or operated by myOsseo.

The links included within myOsseo and/or its related Web sites may let you leave myOsseo and visit third party sites (linked sites). The linked sites are not under the control of myOsseo and myOsseo is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. myOsseo is not responsible for Web casting or any other form of transmission received from any linked site. myOsseo is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by myOsseo of the site or any association with their operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the linked sites. Any dealings with third parties (including advertisers) included within myOsseo or participation in promotions, including the purchase of, delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and the advertiser or other third party. myOsseo shall not be responsible or liable for any part of any such dealings or promotions.

You specifically agree that myOsseo shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through or using myOsseo You specifically agree that myOsseo is not responsible or liable for any act or omission of any third party including but not limited to any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that myOsseo is not responsible for any content sent using and/or included in myOsseo by you or any third party. Your use of myOsseo, all myOsseo software, equipment or software provided by myOsseo or its designated service providers, and myOsseo services (including installation services) is at your own risk. myOsseo, its resellers, distributors, service providers, and/or suppliers make no representations about the suitability, reliability, usability, availability, timeliness, and accuracy of myOsseo for any purpose. myOsseo, its resellers, distributors, service providers and/or suppliers do not warrant that access to or use of myOsseo will be uninterrupted or error free, that customers will be able to access myOsseo at any time or in any geographic area, or that myOsseo, myOsseo software, services or related equipment will meet any particular criteria of performance or quality.

MYOSSEO, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO MYOSSEO AND ALL RELATED SERVICES, SOFTWARE AND EQUIPMENT, INCLUDING WITHOUT LIMITATION, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND LACK OF NEGLIGENCE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, TITLE, AND NON-INFRINGEMENT.

In no event shall myOsseo, its resellers, distributors, service providers and/or suppliers be liable for any indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever, including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of myOsseo any myOsseo software, myOsseo services (including installation services), related equipment or related Web sites, with the delay or inability to use myOsseo, any myOsseo software, related equipment or related Web sites, the provision of or failure to provide services (including installation services), lost, damaged, or destroyed e-mail or the failure to deliver any e-mail, or for any information, software, products, services and related graphics obtained through myOsseo, or otherwise arising out of the use of myOsseo, whether based on contract, tort, negligence, strict liability or otherwise, even if myOsseo or any of its suppliers has been advised of the possibility of damages. myOsseo's liability to you for breach of this agreement is limited to the amount actually paid by you to myOsseo for access to and use of myOsseo You hereby release myOsseo from any and all obligations, liabilities, and claims in excess of this limitation. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. IF YOU ARE DISSATISFIED WITH ANY PORTION OF MYOSSEO, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT SIGN UP FOR A MYOSSEO ACCOUNT OR TO TERMINATE YOUR MYOSSEO ACCOUNT.

You agree to indemnify and hold myOsseo, its parents, subsidiaries, customers, affiliates, officers and employees, harmless from any claim, demand, or damage, including costs and reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on myOsseo. myOsseo will notify you within a reasonable period of time of any claim for which myOsseo seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to myOsseo's interests, as reasonably determined by myOsseo. myOsseo will select its legal counsel for defense of any claim.

Notices given by myOsseo to you may be given by e-mail via myOsseo, by a general posting on myOsseo, or by postal mail. Notices given by you to myOsseo must be given by e-mail via myOsseo and addressed as set forth in myOsseo's support area, or by postal mail. Notices to myOsseo by postal mail must be sent to myOsseo, P.O. Box 581427, Minneapolis, MN 55458.

myOsseo may immediately terminate any customer account that it determines, in its sole discretion, is transmitting or is otherwise connected with any "spam" or other unsolicited bulk e-mail. myOsseo may, in its sole discretion pursue actual damages or if actual damages cannot be reasonably calculated in myOsseo's opinion, you agree to pay myOsseo liquidated damages of five dollars (U.S. $5.00) for each piece of "spam" or unsolicited bulk e-mail transmitted from or otherwise connected with your account. You agree that myOsseo may charge such damages to your Designated Account as specified by you for payment of myOsseo charges and that the amount of $5.00 for each piece of spam or unsolicited bulk e mail transmitted represents a reasonable estimate of damages.

Except where prohibited by applicable law, this Agreement is governed by the laws of the State of Minnesota, and you consent to the exclusive jurisdiction and venue of courts in Hennepin County, Minnesota for all disputes arising out of or relating to your use of myOsseo or your myOsseo subscription. Use of myOsseo is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions of this Agreement including, without limitation, this paragraph.

myOsseo reserves the right to change this Agreement at any time by posting changes online on the myOsseo Web site at least thirty (30) days in advance of the effective date of any changes. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of myOsseo thirty (30) days after changes are posted constitutes your acceptance and consent to this Agreement as modified by the posted changes.