1. AGREEMENT
This is an agreement between Terranovus.net, Inc. and you to provide Terranovus.net DSL (“the Service”). By establishing an account, using the Service or equipment, or indicating agreement through the software or website, you agree to be bound by this Agreement and to use the Service in compliance with the Terranovus.net Internet Service Agreement and Terranovus.net Acceptable Use Policy (“the Agreements”), which can be found by going to www.terranovus.net.

2. TERM
The initial term of this agreement begins on your account billing start date and continues for one (1) month. Your account billing start date is the date you first begin being billed for service, as indicated on your first invoice.  The agreement will continue on a month-to-month basis after the initial term.  Terranovus.net reserves the right to change the price of the Service at any time after the initial term upon 30 days notice. Prices for other Terranovus.net services may change at any time upon 30 days notice and will be posted on the Terranovus.net homepage: www.terranovus.net . Current rates may also be obtained by calling 866-TNNI-NET.

3. THE SERVICE
The Service includes: DSL access ; 10/15/20 e-mail accounts, depending on the service plan as seen in Schedule 1; 15 MB of Personal web space on Terranovus.net servers; 1 free 56 kbps unlimited dial up access plan

The Service speed can vary depending on location, line quality, inside wiring, Internet traffic, and other factors, beyond the control of Terranovus.net. Terranovus.net provides the Service on a “best effort” standard and does not guarantee upload or download speeds. Some line stabilization may be necessary for service. Line stabilization could include the lowering of provisioned line speed. Should the lowering of line speed occur, Terranovus.net will NOT be able to increase the line speed, once the connection is stabilized.

The e-mail, web space, and dial-up service are available under this agreement after the Activation Date. 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. Terranovus.net is not responsible for any long-distance, toll, or other charges you incur.

4. CANCELLATION
Cancellation of the service must be submitted in writing thirty (30) days prior to the end of the billing cycle to Terranovus.net, Inc. 4325 Sun ‘n Lake Blvd. Suite 101, Sebring, FL 33872. Cancellation of account prior to installation of services will incur a fee of $99.00.

If you move service to a new residence or switch phone lines within the same residence during the initial term, you will be charged $50.00.

Cancellation will be effective at the end of the current billing period in which notice of cancellation is received.  Upon cancellation, email service will be terminated and all files stored on Terranovus.net servers will be deleted. DSL equipment is customer’s property if purchased from Terranovus.net. DSL equipment must be returned in working order in original packaging if Terranovus.net provided it free. Failure to return free DSL modem will result in a charge of $40.00 plus tax.

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

5. ACCOUNT REQUIREMENTS
In order to receive the Service:
You must be at least 18 years old and provide a valid credit card; the Service must be available at your location; you must keep your telephone service active in order for the Service to work; and you are responsible for charges for the Service, regardless of the status of your underlying telephone service.

Changing telephone service providers will result in substantial interruption of the Service and will result in fees associated with cancellation and setting up a new account

Your computer must meet the following minimum requirements:

For PC:
Pentium-based processor (or equivalent); Windows 98 and 98SE, Windows Me, Windows NT (4.0 Workstation with Service Pack 3 or higher), Windows 2000, or Windows XP; 32MB of RAM; 10MB of available hard disk space; Installed CD-ROM drive; 10/100 Ethernet port or USB 1.0 or 1.1 compliant bus;Operating System CD

For Macintosh:
PowerPC or faster processor; Mac OS 8.5 or higher; 32MB RAM; 10 MB of available hard disk space; Installed CD-ROM drive; 10/100 Ethernet port; Operating System CD

6. PAYMENT
You will be charged a monthly charge as stated in schedule 1. 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 are responsible for any charges to your account. Questions regarding charges to an account should be directed to Terranovus.net’s Billing Department at 866-TNNI-NET. 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.

7. YOUR ACCOUNT, PASSWORD, AND SECURITY
Upon registration, you will receive a username, password, and account designation. You are solely responsible for use of the Service. You must keep your password confidential so that no one else may access the Services through your account. You must notify Terranovus.net immediately upon discovering any unauthorized use of your account.

Unless you purchase a Static IP, you will be allocated a Dynamic IP address. Terranovus.net reserves the right to timeout inactive connections. Terranovus.net technical support may be limited to Terranovus.net-provided services, software and/or unmodified hardware. E-mail accounts exceeding 10MB in size may be inactivated until you reduce the size of the mail being stored. Any free Web site exceeding the allotted amount of disk space may be suspended until you reduce the disk space usage or purchase additional space. Terranovus.net reserves the right to change limits at any time upon 30 days’ prior notice.

8. INSTALLATION
Installation may be done by the end user with the Terranovus.net DSL Router Self Installation Kit which is available for $120.00 or the DLS Modem Self Installation Kit which is available for $40.00. Use of third party modems and/or routers may be used if they meet Terranovus.net’s DSL requirements. Technical support for third party equipment will not be offered by Terranovus.net and must be obtained by the original vendor. A list of compatible third party equipment may be obtained by calling 866-TNNI-NET.

If you are unable to perform self-installation, configuration of services may be done by Terranovus.net at the charges stated in schedule 1. A charge of $75.00 will be assessed for installations that are unable to be completed due to inadequate system requirements at the customer’s premises.

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 your existing computer files and data. Terranovus.net 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 of an internal card (such as a Network Interface Card) or DSL modem.

You acknowledge that this is a fixed-location service. Moving to another location will require the service to be reprovisioned at the new location. This may result in substantial interruption of the Service and will result in fees associated with cancellation and setting up a new account. Early termination charges will apply even if the cancellation is for reasons of a move to another location.

TERRANOVUS.NET 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 SERVICES, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION, TERRANOVUS.NET 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.

Terranovus.net will make its best effort to provide the Service. Because of the complex nature of broadband services, availability, and the underlying infrastructure, it may not be possible to provide the Service to everyone. In its sole discretion, Terranovus.net may cancel the installation process and refund any money that you have paid. Terranovus.net will notify you of its intent to cancel as soon as is reasonably possible. It may take 30 days to determine if Terranovus.net is able to provide service. Terranovus.net shall have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation or provide the Service.

9. MONITORING THE SERVICES
Terranovus.net has no obligation to monitor the Residential DSL Service, but may do so and disclose information regarding use of the Services for any reason if Terranovus.net, 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 and its subscribers. Please see our Privacy Statement. Terranovus.net may immediately remove your material or information from Terranovus.net’s servers, in whole or in part, which Terranovus.net, in its sole and absolute discretion, determines to infringe another’s property rights or to violate our terms of agreement.

Business Class DSL Service is monitored 24/7 provided the customer purchases a static IP address at an additional cost stated in schedule 1.

10. DISCLAIMERS
CERTAIN EQUIPMENT MAY BE SUBJECT TO THIRD PARTY WARRANTIES, WHICH MAY BE PASSED THROUGH TERRANOVUS.NET TO YOU AT NO ADDITIONAL CHARGE. TERRANOVUS.NET 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, TERRANOVUS.NET OR ITS AGENT MAY REPLACE A DEFECTIVE MODEM OR GATEWAY 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 TERRANOVUS.NET’S CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR OR MODIFICATION BY ANYONE OTHER THAN TERRANOVUS.NET OR ITS CONTRACTOR. TERRANOVUS.NET RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME. TERRANOVUS.NET WILL NOT BE RESPONSIBLE FOR ANY EQUIPMENT DAMAGED BY ANY ACT OF GOD INCLUDING ANY NATURALLY OCCURRING EVENT SUCH AS LIGHTNING, FLOOD, OR EARTHQUAKE, OR OTHER EVENTS OUT OF TERRANOVUS.NET’S CONTROL SUCH AS FIRE, POWER SURGES, OR THE ACTS OF OTHERS.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TERRANOVUS.NET DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. TERRANOVUS.NET 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 TERRANOVUS.NET OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY TERRANOVUS.NET OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. TERRANOVUS.NET AND ITS 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, TERRANOVUS.NET’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 A ONE-YEAR PERIOD.

TERRANOVUS.NET 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 TERRANOVUS.NET, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST TERRANOVUS.NET 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.

11. GENERAL
This Agreement constitutes the entire agreement between you and Terranovus.net with respect to the Service and supersedes all prior agreements between you and Terranovus.net. Failure by Terranovus.net to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the state of Florida (excluding its choice of law rules). You consent to personal jurisdiction and venue in the federal and state courts of Highlands County, Florida for any action arising out of or relating to your use of the Service. Such federal and state courts shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorney’s fees. In the event that any portion of this Agreement is held unenforceable, the enforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

12. MISCELLANEOUS
This Agreement, and Terranovus.net’s other Agreements and policies posted on Terranovus.net’s Web site constitute the entire agreement between you and Terranovus.net with respect to your use of the Service. Terranovus.net may revise, amend, or modify the Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on Terranovus.net’s Web site (www.terranovus.net).

Version 2.0
Effective 2/10/2005