TERMS OF SERVICE

The following is an agreement between CKS WIRELESS and any customer using CKS Wireless's service (Subscriber).

I. General Overview

CKS Wireless's policy is to offer unlimited, unrestricted Internet access to all users in its coverage area. However, freedom of access is not a license for chaos, and certain rules are necessary to protect our own rights and the rights of our users, and to ensure that all of our Subscribers are able to enjoy their Internet access to the fullest. CKS WIRELESS therefore requires its Subscribers to follow the rules in this document. The Internet is a vast resource which is incapable of being completely monitored or controlled by any one entity. CKS WIRELESS cannot and will not control or warrant the validity, usefulness, or suitability of any information on the Internet which is accessed through CKS Wireless's service. CKS Wireless does not willfully censor or monitor any information available on the Internet. The Subscriber alone, is responsible for monitoring any information that children may access on the Internet through the Subscriber's CKS Wireless account. Software is available to assist parents and other concerned adults in monitoring children's use of the Internet.

II. Subscriber Consent To Rules

Before signing up with CKS Wireless, or continuing to use our service, please read these rules. By using CKS Wireless services, you agree to comply with these Acceptable Use Rules. CKS Wireless may terminate your account if you fail to comply with these rules. If you do not agree to follow these rules, please CONTACT US so that we can cancel your service and issue you a prorated refund. A. USE OF SERVICES 1.The Subscriber agrees to use CKS Wireless's services for lawful purposes, in compliance with all applicable laws. 2.CKS Wireless's accounts are provided for use in conformance with these rules and Terms and Conditions. CKS Wireless reserves the right to investigate suspected violations of the rules. When CKS Wireless becomes aware of possible violations, CKS Wireless may initiate an investigation, which may include gathering information from the Subscriber or Subscribers involved and the complaining party, if any, and examination of materials on CKS Wireless's servers. 3.During an investigation, CKS Wireless may suspend the account or accounts involved and/or remove the material involved from its servers, and CKS Wireless is not responsible, in any way, for any damages resulting therefrom. If CKS Wireless believes a violation of these rules has occurred, it may take responsive action at its sole discretion. Such action may include, but not be limited to, temporary or permanent removal of material from CKS Wireless's servers, warning to the Subscriber or Subscribers responsible, and the suspension or termination of the account or accounts responsible. CKS Wireless, at its sole discretion, will determine what action or actions will be taken on a case-by-case basis. Violations of these rules could also subject the Subscriber to criminal or civil liability. B. USE OF MATERIALS 1.Materials in the public domain (eg., images, text, and programs) may be dowloaded or uploaded using CKS Wireless's services. Subscribers may also re-distribute materials in the public domain. The Subscriber assumes all risks regarding the determination of whether material is in the public domain. 2.The Subscriber is prohibited from storing, distributing or transmitting any unlawful materials through CKS Wireless's services. Examples of unlawful material include, but are not limited to, direct threats of physical harm, child pornography, and copyrighted, trademarked or other proprietary material used without proper authorization. The Subscriber may not post, upload, or otherwise distribute copyrighted material on CKS Wireless's servers without the consent of the copyright holder. The storage, distribution, or transmission of unlawful materials could subject the Subscriber to criminal as well as civil liability, in addition to the actions outlined in Secion II.A. above. 3.The Subscriber may not store or distrubute certain other types of material on CKS Wireless's servers. Examples of prohibited material include, but are not limited to, programs containing viruses or trojans, and tools to compromise the security of other sites. C. PASSWORDS 1.CKS Wireless residential accounts are for individual use only. Subscribers may not share passwords or accounts with other individuals. 2.Passwords for CKS Wireless Email accounts will be issued to new Subscribers at the time of activation. This is done to help ensure that the highest level of security is maintained. D. SYSTEM SECURITY 1.The Subscriber is prohibited from utilizing CKS Wireless's services to compromise the security of, or tamper with, CKS Wireless's system resources or accounts on any of CKS Wireless's computers, routers, terminal servers, wireless transceivers, or any other equipment at CKS Wireless's site or any other site. Use or distribution of tools designed for compromising security are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools, or network probing tools. Any violation of this rule will result in immediate termination of the responsible Subscriber or Subscriber's accounts. 2.CKS Wireless reserves the right to release the name or names of Subscribers involved in violation of System Security to System Administrators at other sites, in order to assist them in resolving security incidents. CKS Wireless will also cooperate with law enforcement officials in investigating suspected law breakers. E. SYSTEM RESOURCES 1.CKS Wireless will allocate system resources to provide all Subscribers with the best possible service. As part of resource allocation, CKS Wireless may limit, restrict, or prioritize access to system resources, including CPU time, memory, disk space, session length and number of sessions. 2.Additionally, CKS Wireless may institute services and fees for Subscribers who are interested in accesing system resources above and beyond acceptable usage. See below, Section III. 3.CKS Wireless may log instances of abuse of system resources, including but not limited to, those outlined below, and take action as outlined in Section II.A. above. 4.System abuse is defined as any use of CKS Wireless resources which disrupts the normal use of system or Internet services for others. Examples of system abuse include, but are not limited to, attempting to disrupt the sessions of other Internet users, consuming excessive amounts of memory, disk space or bandwidth, or otherwise affecting the performance of CKS Wireless's servers or networks. 5.Subscribers may not run programs which provide network services from their accounts. Examples of prohibited programs include, but are not limited to, mail, http, and irc servers, or multi-user interactive forums. 6.Subscribers may only make use of CKS Wireless system resources while logged in. The sole exceptions to this policy are Email filters, which process and sort mail as it arrives.

III. Acceptable Usage

Acceptable usage is hereby defined as the normal activities associated with the usage of the Internet including, but not limited to, usage of CKS Wireless's systems and network facilities for accessing the WWW, IRC, Email and other Internet features. This policy is subject to any and all laws and regulations set forth by the Federal, State, or any other governmental authority.

IV. Prohibited Activities

Activities specifically prohibited by CKS Wireless administration include, but are not limited to, the following: 1.Background and/or server-type applications including, but not limited to, IRC bots, HTTP servers, MUDs, Mail Server (including exchange) and any other processes which were initiated by the user that continues exectution on the system upon user logout. 2.Long term storage of Email on CKS Wireless mail servers. If Emails need to be kept, they shoud be downdloaded to the Subscriber's computer. 3.Flooding or abuse of other users. Flooding is a fairly common occurrence on the Internet and one that is dealt with severly at CKS Wireless. Flooding takes place in numerous ways including, but not limited to, ICMP flooding, mail bombing (sending large amounts of Email repeatedly to a person for purposes of harassment), mass mailings to multiple addressees, msg/CTCP flooding on IRC, as well as other, less common methods. 4.Attempts to compromise system and/or network security. Programs such as packet sniffers, password crack programs and similar utilities found to be running from a user's account are prohibited. This also includes attempts to hack into non-CKS Wireless systems. 5.Sharing of a user's account, with another party, for the purpose of avoiding payment for a second account. 6.Email abuse, whether in the form of spamming, abusive, and/or threatening messages or forging of Email addresses. 7.Pyramid/money making schemes; such activities include, but are not limited to, transfer of information or solicitiation of persons, via the Internet in an attempt to extort money or other valuables or the use of pyramid/chain letters. 8.Pirated software is defined as the illegal exchange of software, via the Internet, for the purpose of avoiding the purchase of said software by the individual involved.

V. Penalties for Abuse

1.Penalties for account abuse include the termination of a user's account and any applicable legal penalties. The penalites imposed on a user for abuse will vary, based on the level of the offense. CKS Wireless will usually give a warning on the First Offense, bu will terminate the account immediately and without warning if the offense is severe enough. Accounts closed due to Subscriber abuse will not be reopened. It is vital for CKS Wireless to provide a quality service for all users, and CKS Wireless will not tolerate users, who through their actions, hinder us in that endeavor. It is also important for CKS Wireless to have a non-intrusive presence to the rest of the Internet, and thus, prohibited activities, which adversely affect users on other service providers and their associated networks are prohibited. To this end, CKS Wireless reserves the right to modify and/or disable user service at any time such abuse occurs. 2.CKS Wireless will not reimburse users whose service was suspended or disabled due to any of the reasons listed above. 3.All CKS Wireless users agree to indemnify and hold harmless CKS Wireless, its officers, directors, shareholders, employees, agents, subsidiaries and affiliates from any and all claims and expenses related to the users violation of this agreement, including any abusinve or unlawful behavior on the part of the users or the users dependants, or the infringment of any intellectual property or privacy right of any person or entity.

VI. Additional Policies

1.Due to the explosive growth of the Internet, the constant addition of new services and thus the new possibilities of abuse, CKS Wireless reserves the right to add to and enforce new policies. 2.CKS Wireless will not be responsible for lost data in the event that an account was suspended/terminated due to outstanding balances.

VII. Limitation of Liability

CKS Wireless's liability, under any circumstance, is limited to the current month's service charge.

VIII. Warranties

CKS Wireless's service is provided on an as is, as available basis. No warranties, expressed or implied, including, but not limited to, those of merchantibility or fitness for a particular purposes, are made with respect to CKS Wireless's service or any information or software therein. Under no circumstances including negligence, shall CKS Wireless be liable for any incidental, special or consequential damages that result from the use of, or inability to use CKS Wireless's service. Nor shall CKS Wireless be responsible for any damages what-so-ever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond CKS Wireless's reasonable control including, but not limited to, acts of God, communications line failure, theft, destruction or unauthorized access to CKS Wireless's records, programs or services. In no event shall CKS Wireless's total liability, for all damages, losses, and causes of action exceed the aggregate dollar amount paid under the agreement.

IX. Billing Policy

1.Subscriber acknowledges, agrees, and assumes full responsibility for making timely payments for each CKS Wireless account. Timely payment includes keeping account and billing information current for all subscriber's accounts. Subscribers who pay via credit card, must provide CKS Wireless with their full name, billing address, credit card number, expiration date and three digit security number, located on the back of the credit card. It is the Subscriber's responsibility to timely notify CKS Wireless of any changes in the Subscriber's credit card account. 2.CKS Wireless reserves the right to cancel any Subscriber account, without notice, due to non-payment. In the event that the Subscriber fails to make timely, full payment of each invoice, CKS Wireless reserves the right to charge interest, late fees, and/or reactivation fees on the delinquent Subscriber's account. 3.In the event of cancellation, by the Subscriber, Subscriber must contact CKS Wireless in one of the following manners: 1.) via mail with proof of receipt properly addressed to: CKS Wireless PO BOX 2125 Jacksonville, Texas 75766 2.)via Email by clicking HERE The Email must have the words "Account Cancellation" in it. 4.Non usage of an account is not proof of cancellation of service. Subscribers are responsible for full payment on all accounts whether or not the account is ever utilized. 5.Any billing discrepancies shall be presented to CKS Wireless in reasonable detail, and in writing, within twenty (20) days of the date of the charge. Such notification shall not relieve Subscriber of the obligation to make the payments, including the amounts disputed by the due date. CKS Wireless shall not be obligated to consider any Subscriber notice of billilng discrepancies which are received by CKS Wireless more than twenty (20) days from the date of the invoice. Subscriber waives all rights to thereafter make any such dispute and all such charges will be deemed valid. 6.In the event that a Subscriber pre-pays for their Internet account, any discounts given by CKS Wireless, for such payment plans, are calculated that the Subscriber is paying for the regular months of service and getting additional months at the end of the service term at a discount. In the event that a Subscriber cancels their service within a year, such Subscriber is no longer entitled to any discounts. 7.CKS Wireless makes no warranty as to the availability or right to use of any login name, Email address or web page address. Login names, Email addresses, and web page addresses are not confirmed at the time of sign-up of any Subscriber. CKS Wireless will not refund any charges for reprinting of stationary or any other losses incurred. 8.CKS Wireless makes no warranties, expressed or implied, as to the accuracy of billing, or the quality of services provided, or to the warranty of merchantibility, or to fitness for a particular purpose. 9.CKS Wireless is billed on a month by month basis. The Subscriber agrees that at the end of the term of the Internet Account initially agreed to by the Subscriber, or any term thereafter, CKS Wireless may, at its sole discretion, automatically renew such Internet Account for an additional term. Subscriber further agrees that upon renewal of such Internet Account, CKS Wireless may continue to charge Scubscriber's credit card or seek other form of payment from Subscriber, for which Subscriber shall be responsible for. In the event that Subscriber does not wish CKS Wireless to automatically renew such Internet Account, it is the Subscriber's sole responsibility to notify CKS Wireless of such intent, prior to the expiration of such term. 10.In the event the Subscriber has an invoice older than 15 days, the account is subject to suspension. Full payment of all outstanding invoices and applicable reinstatement fees are required to reinstate the account. After suspension, CKS Wireless must receive a written or Email response or payment in full within 21 days or the account will be terminated, and place into collections. 11.In the event that an account was placed into collections, the entire balance, plus reinstatement fees must be paid prior to account re-activation. 12.All returned checks are subject to a $50.00 returned check fee. 13.All policies stated herein are subject to change at CKS Wireless's sole discretion. Subscriber shall be responsible for adhering to any new policies implemented by CKS Wireless. 14.The use of any form of audio, video or photographic recording device is strictly prohibited without the express written permission of CKS Wireless. Any violation of this policy will be considered a breach of contract and will result in a permanent ban of access to CKS Wireless's service.