EARTHLINK® HOME NETWORKING AGREEMENT

READ THIS AGREEMENT CAREFULLY BEFORE USING THE EARTHLINK HOME NETWORKING SERVICE.

1. AGREEMENT
This is an agreement between EarthLink, Inc. and you to provide EarthLink Home Networking Service ("the Service"). By establishing an account, using the Service, using EarthLink-provided equipment or indicating agreement through the software or website, you agree to be bound by this Agreement, including future revisions and to use the Service in compliance with the current EarthLink Acceptable Use Policy. The most recent versions of all EarthLink agreements and policies may be found at www.earthlink.net/about/policies.

2. THE SERVICE
The Service includes installation, configuration, and ongoing technical support for a single home network that meets certain system requirements. It may also include equipment. The Service term is 30 days or 12 months depending on the plan you choose. The 30 day service requires payment of a set up fee. The set up fee is waived for the entire 12 month service provided you pay a monthly fee for the entire 12 months. After the initial 12 month term, the service will continue on a month-to-month basis. From time to time EarthLink may impose reasonable rules and regulations regarding the use of the Service. EarthLink reserves the right to change prices of the Service upon 30 days notice. EarthLink reserves the right to change features of the Service at any time. Current Service prices and features may be obtained by visiting our website www.earthlink.net or by calling (888) 327-8454.

The Service speed and quality can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of EarthLink. EarthLink does not guarantee upload, download, or network speeds or quality.

3. MINIMUM REQUIREMENTS AND TECHNICAL SUPPORT LIMITATIONS
To receive the Service, you must have an active broadband connection. You are responsible for charges for the Service regardless of the status of your broadband connection.

Due to the wide range of hardware and software configurations and compatibility, it may not be possible for EarthLink to provide technical support for your current network. EarthLink limits support to EarthLink-provided equipment or equipment on our system requirements list. For additional information call 1.800.895.0620. You are responsible for making sure that your network meets the minimum system requirements before signing up for the Service. In certain circumstances, it may be necessary to refer you to the manufacturer of your hardware or software for technical support of their products.

EarthLink will not be able to provide technical support for the following:

• Network fax machines, scanners, or printers
• Inter-operating-system file sharing (i.e., does not support NT <-> 9x, 9x <-> MAC, MAC <-> NT)
• "Traveling" network machines, Local LAN support only (users should record their Home Network settings for their "traveling" laptops, as settings to use other networks will usually be different.)
• Internet server support (ftp, pop, smtp, http)
• VPN or other remote access support
• Interference to a wireless LAN due to other products transmitting energy in the same frequency range (i.e., microwaves, multiple wireless LANs, etc.)

4. PAYMENT
The charges for this service can be found at www.earthlink.net/software/stayconnected.faces?tab=homenetworking&p=start.

You agree to pay all charges when due. EarthLink may charge for shipping, taxes and other applicable fees.

EarthLink 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.

You are responsible for any charges to your account. Questions regarding charges to an account should be directed to EarthLink's Customer Service Department at (888) 327-8454. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.

EarthLink is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by EarthLink. Payment by check is due within 30 days after the month in which the charges are incurred. You agree to maintain valid and current credit card information on file with EarthLink at all times.

If purchasing Services through a reseller, the reseller must pay all amounts owing for your account. If the reseller fails to pay EarthLink any amounts due, whether or not you have paid the reseller, your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due. Delinquent accounts may be suspended or canceled at EarthLink's sole discretion; however charges will continue to accrue until the account is canceled.

5. INSTALLATION
The Service may include equipment provided by EarthLink ("the Equipment"). The installation, use, inspection, maintenance, repair, and removal of the Equipment may result in service outage or potential damage to your computer. You are solely responsible for backing up all of your existing computer files and data. EarthLink and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals. You assume responsibility for impacts to or loss of any warranty associated with the opening of your computer for installation purposes.

If you are unable to perform self-installation, EarthLink may suggest an outside vendor to help install the service. You will be responsible for all costs and scheduling associated with the installation by a third party. You are also responsible for all inside wiring repair necessary to install the service. If you are not the owner of the premises, you warrant that you have obtained the consent of the owner for vendor personnel and/or its agents to enter the premises for installation. You shall indemnify and hold EarthLink harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement.

Because of the complex nature of internet service, availability, and the underlying infrastructure, it may not be possible to provide the Service to everyone. In its sole discretion, EarthLink may cancel the installation process and refund any money that you have paid. EarthLink will notify you of its intent to cancel as soon as reasonably possible. EarthLink shall have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation or provide the Service.

6. INSTALLATION DISCLAIMER
EARTHLINK DOES NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY YOU OR A THIRD PARTY CHOSEN BY YOU WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICE, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION, EARTHLINK SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS, USE, OR OPERATE THE EQUIPMENT OR SERVICES BECAUSE OF YOUR INSTALLATION.THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION TO AND SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT.

7. CANCELLATION
EarthLink only accepts cancellation by phone, fax, or U.S. Mail. We do NOT accept cancellations by email. You will be issued a confirmation number as your only proof of cancellation. We do not grant refunds or credits for any prior use including partial use during the last month of cancellation. If you do cancel by one of the prescribed methods and are mistakenly billed again, we will refund any erroneous charges upon proof of cancellation. Canceling the 12 month service before the end of the 12 month period will result in a charge for the waived set up fee.

To cancel the Service you must call 1-888-829-8466 or send registered or certified mail, return receipt requested, to EarthLink, Inc., Customer Service, Home Networking Service, 1375 Peachtree Street, Level A, Atlanta, GA 30309. You may also cancel by fax to: 404-795-1034. Please include your account number and a current phone number.

Cancellation will be effective at the end of the current billing period in which notice of cancellation is received. EarthLink may terminate your use of the Service for any reason, including, without limitation, if EarthLink, in its sole discretion, believes you are abusing the service, have violated this Agreement or fail to pay any charges when due.

8. EQUIPMENT RETURN POLICY
If you purchased equipment directly from EarthLink, the following applies: All equipment returns must have an EarthLink-provided shipping label and the original packaging (or equivalent). If you cancel your account and return all equipment within 30 days of your shipping date (the date EarthLink mails your equipment), EarthLink will refund all fees incurred to date, excluding postage and handling. EarthLink will not refund any fees after 30 days of your shipping date. EarthLink will mail you a shipping label upon cancellation and will not accept returns without an EarthLink-supplied shipping label.

EarthLink, in its discretion, may replace equipment due to manufacturer's defect at no cost to you under the following circumstances: you call the EarthLink Technical Support Department within one year of your original shipping date; the EarthLink Technical Support Department certifies that a defect has occurred; and you return the equipment in the original packaging (or equivalent) using an EarthLink-provided shipping label within 30 days of certification. Upon certification, EarthLink will ship replacement equipment to you. Failure to return the certified equipment within 30 days of certification shall result in a charge for the new equipment. EarthLink will not accept the return of equipment without EarthLink Technical Support Department certification and shipping label after 30 days from the original shipping date. EarthLink will not replace any equipment, including replacement equipment, after one year from your original shipping date.

9. MONITORING THE SERVICES
EarthLink has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if EarthLink, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself, its employees, its customers or others. See our Privacy Policy.

10. DISCLAIMERS AND WARRANTIES
CERTAIN EQUIPMENT MAY BE SUBJECT TO THIRD PARTY WARRANTIES, WHICH MAY BE PASSED THROUGH EARTHLINK TO YOU AT NO ADDITIONAL CHARGE. EARTHLINK WILL COMPLY WITH ALL REASONABLE REQUIREMENTS NECESSARY TO AFFECT THE PASS-THROUGH OF THE WARRANTY TO YOU. AT ITS SOLE OPTION WITHIN THE INITIAL TERM, EARTHLINK OR ITS AGENT MAY REPLACE A DEFECTIVE HARDWARE ON BEHALF OF THE MANUFACTURER, PROVIDED YOU FOLLOW ALL APPLICABLE PROCEDURES AND OBTAIN A RETURN MATERIALS AUTHORIZATION (RMA) NUMBER.THIS WARRANTY DOES NOT COVER DEFECTS RESULTING FROM ACTS OUTSIDE OF EARTHLINK'S CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR OR MODIFICATION BY ANYONE OTHER THAN EARTHLINK OR ITS CONTRACTOR. EARTHLINK RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME. EARTHLINK WILL NOT BE RESPONSIBLE FOR ANY EQUIPMENT DAMAGED BY ANY NATURALLY OCCURRING EVENT SUCH AS LIGHTNING, FLOOD, OR EARTHQUAKE OR OTHER EVENTS OUT OF EARTHLINK'S CONTROL SUCH AS FIRE, POWER SURGES, OR THE ACTS OF OTHERS.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EARTHLINK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. EARTHLINK MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH EARTHLINK OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY EARTHLINK OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. EARTHLINK AND IT EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, EARTHLINK'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM.

EARTHLINK SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES;THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK,TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS,AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION,AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.

THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF EARTHLINK, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST EARTHLINK IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

Version 3.0
Effective 8/1/2006