1. Notice to Users. By establishing an account with Aiirmesh Communications, LLC. ("Aiirmesh™"), you (“Customer”) agree to be bound by this User Agreement (“Agreement”) and to use the Aiirmesh wireless internet access services, as they may exist from time to time (“Services”), in compliance with this Agreement and other Aiirmesh policies posted on the Aiirmesh Web site. Aiirmesh Services are offered to you conditioned on your acceptance without modification of the terms and conditions contained in this Agreement. This is a legal agreement between you and Aiirmesh. Please read it carefully. If you do not agree to the terms and conditions of this Agreement, or to other Aiirmesh policies, do not subscribe to or use the Services.

2. Subscription Requirements and Pricing. Customers must be at least 18 years of age. Current prices for Aiirmesh's Services are posted on the Web site at http://www.aiirmesh.com These prices also may be obtained by calling (866) 673-1897. Aiirmesh reserves the right to amend prices and institute new fees at any time.

3. Availability of Service. The Services are only available when the Customer is within the range of the installed network and are provided on an “as is” and “as available” basis. Wireless communications are, by their nature, subject to interruption, interference and variations in performance dependent upon user location, network traffic and other factors. From time to time, network traffic prioritization may be granted to law enforcement and other emergency response agencies which may adversely effect user performance. Customers who are not satisfied with the quality of the Services should contact Aiirmesh's Customer Service Department at (866) 673-1897 or by email at customerservice@aiirmesh.net or may choose to terminate their account pursuant to Section 12 of this Agreement.

4. Payment Obligations.

1. Customers agree to provide Aiirmesh with current, complete, and accurate sign-up information including legal name, address, telephone number and credit card billing information, and to report to Aiirmesh any changes to this information (including updated credit card expiration dates) within 30 days of such change. Customers are fully responsible for any charges to their account including any applicable taxes, surcharges, assessments and government fees that may be imposed from time to time. Customers are responsible to ensure that the credit card provided is valid and that an adequate credit limit is available to accept the charges billed by Aiirmesh. Aiirmesh is not responsible for any charges, penalties, fees or expenses (e.g., transaction fees or credit card over-limit fees) resulting from charges billed by Aiirmesh. Customers having questions regarding charges to an account should contact Aiirmesh's Customer Service Department at (866) 673-1897 or by email at customerservice@aiirmesh.net. All charges are considered valid unless disputed in writing within 60 days. Adjustments will not be made for charges that are more than 60 days old.
   
   
2. Delinquent accounts may be suspended or canceled at Aiirmesh's sole discretion; however, charges will continue to accrue until the account is canceled and collection fees, late charges or other similar fees may be added.
   
   
3. Aiirmesh may charge an additional fee to reinstate a previously suspended account.

5. Customer Account Security.

1. Upon activating your account, you will establish a username and password. You are the only authorized user of your Aiirmesh account and are entirely responsible for your own account security. You agree to keep your password confidential so that no one else may access the Services through your account. You are responsible for any and all activities that occur under your account, including any unauthorized use, and agree to notify Aiirmesh immediately upon discovering any unauthorized use of your account. Until you notify Aiirmesh, you will remain responsible for all payments for Services. You agree to cooperate with Aiirmesh in any investigation relating to unauthorized usage and to provide Aiirmesh with related documentation and information as requested.
   
   
2. Aiirmesh is not responsible for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be responsible for losses incurred by Aiirmesh or another party due to someone else using your account or password.
   
   
3. You agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it.
   
   
4. Usernames and passwords are Aiirmesh's property and Aiirmesh may alter or replace them at any time.

6. Customer Information. You agree that, to the extent permitted by law, Aiirmesh can use or provide your account information to third parties and/or related parties (1) in order to provide you with the Services; (2) to cooperate with a law enforcement investigation; (3) to comply with a subpoena; or (4) as otherwise required by law. You also provide authorization to investigate your credit history at any time and, to the extent permitted by law, to share credit information about you with credit reporting agencies. Aiirmesh has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Aiirmesh, in its sole discretion, believes that it is reasonable to do so, including, without limitation, to satisfy laws, regulations or governmental or legal requests, to operate the Services properly, or to protect itself and its Customers

7. Disclaimer Of Warranties And Limitation Of Liability

1. CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT CUSTOMER’S SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. AIIRMESH DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL PERFORM AT ANY SPECIFIC ACCESS SPEEDS AND IS NOT LIABLE FOR SERVICE OUTAGES OF ANY DURATION. AIIRMESH MAKES NO EXPRESS WARRANTIES AND CUSTOMER WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH AIIRMESH OR THE INTERNET GENERALLY.
   
   
2. AIIRMESH MAKES NO WARRANTY THAT THE SERVICES WILL MEET ANY SPECIFIC CUSTOMER REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DOES AIIRMESH MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.
   
   
3. THE INTERNET CONTAINS UNEDITED CONTENT, SOME OF WHICH MAY BE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. CUSTOMER HEREBY ACKNOWLEDGES THAT AIIRMESH HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR GENERAL INTERNET CONTENT. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING 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.
   
   
4. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND AIIRMESH DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY AIIRMESH OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.
   
   
5. AIIRMESH 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.
   
   
6. IN NO EVENT SHALL AIIRMESH'S CUMULATIVE LIABILITY TO ANY CUSTOMER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID BY SUCH CUSTOMER DURING A ONE YEAR PERIOD.

8. Acceptable Use Policy.

1. Customer agrees to comply with this Acceptable Use Policy (“AUP”).
   
   
2. Under normal circumstances, Aiirmesh does not actively monitor the use of the Service or control or review the content of any Web site, electronic mail transmission, chat room, message board, newsgroup or other material, except for certain proprietary Web sites operated and maintained by Aiirmesh. However, Aiirmesh has the right, in its sole discretion, to remove, block, filter or restrict by any other means any materials that may be illegal, may subject Aiirmesh to liability, or may violate this AUP.
   
   
3. Aiirmesh may, without notice to you, respond, without objection, to any subpoena and/or request for documents (which may include disclosure of your use of Aiirmesh’s Services) served on Aiirmesh by any governmental agency and/or other third parties, and Aiirmesh may otherwise cooperate with such governmental agencies and/or third parties in the investigation of any suspected or alleged crime, tort or civil wrong.
   
   
4. The following constitute violations of this AUP. You agree to not use the Services to:
   
   (1) transmit, upload, post, publish or otherwise disseminate, distribute or facilitate distribution of any material that is unlawful, threatening, abusive, harassing, defamatory, obscene, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, hateful, or racially, ethnically or otherwise objectionable, or that victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
   
   (2) knowingly solicit or collect personal information from a minor or harm, or attempt to harm, a minor in any way;
   
   (3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers, manipulate identifiers or take other actions intended to disguise the origin of any material transmitted through the Services;
   
   (4) transmit, upload, post, publish or otherwise disseminate, distribute or facilitate distribution of any material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
   
   (5) transmit, upload, post, publish or otherwise disseminate, distribute or facilitate distribution of any material that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
   
   (6) transmit, upload, post, publish or otherwise disseminate, distribute or facilitate distribution of any unsolicited or unauthorized advertising, promotional materials, bulk e-mail, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
   
   (7) transmit, upload, post, or otherwise knowingly or unknowingly distribute or facilitate distribution of any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other computer code, files or programs designed to interrupt, damage, destroy, obtain unauthorized access to, or limit the functionality of any computer software or hardware or telecommunications equipment;
   
   (8) disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
   
   (9) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
   
   (10) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
   
   (11) "stalk" or otherwise harass or violate the legal rights of another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent;
   
   (12) resell the Services without Aiirmesh's authorization including but not limited to web hosting or any form of electronic commerce.
   
   (13) perform high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server; or
   
   (14) violate the Acceptable Use Policy or similar policies or agreements of Web sites and other services accessed through the Service.
   
   
5. Anyone who believes that there has been a violation of this AUP is requested to direct the information to: service@Aiirmesh.com. If available, please provide the following information: (1) the IP address used to commit the alleged violation; (2) the date and time of the alleged violation, including the time zone; and (3) evidence of the alleged violation. When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data.
   
   
6. Aiirmesh may take any one or more of the following actions, or other actions not listed, at Aiirmesh's sole discretion in response to complaints: (1) issue warnings: written or verbal; (2) suspend the Customer's account; (3) terminate the Customer's account; (4) bill the Customer or user for administrative costs and/or reactivation charges, with a minimum administrative cost; or (5) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
   
   
7. In the event that another party reports to Aiirmesh that a Customer using the Services has violated their rules, including, without limitation, their Acceptable Use Policy, you agree that Aiirmesh may take appropriate action just as if you had violated this Agreement.

9. Term Of Agreement. Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and terminate your account.

10. Assignment. Aiirmesh may assign all or part of its rights or duties under this Agreement without such assignment being considered a change to this Agreement and without notice to you. You may not assign this Agreement without our prior written consent.

11. Indemnification. You agree to indemnify and hold Aiirmesh, its parents, subsidiaries, affiliates, partners, and their respective officers, directors, employees, and agents harmless from any claim, liability, demand, damage, cost and expense (including attorneys' fees) due to or arising out of your negligent, reckless, or willful acts or omissions, your breach of this Agreement, or your violation of any duty imposed by law, or any such acts, omissions, breach, or violation by any person using your password or your account. Aiirmesh will notify you of any claim for which Aiirmesh 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 Aiirmesh’s interests, as reasonably determined by Aiirmesh.

12. Termination.

1. You may terminate your account at any time and for any reason by providing notice of intent to terminate to Aiirmesh at least 5 business days prior to the end of your billing cycle. Notice may be provided by: registered or certified mail, return receipt requested addressed to Aiirmesh Communications, LLC., Customer Service, 20335 Victory Blvd. Suite 600, Woodland Hills 91364; or by telephone call directed to Customer Service at (866) 673-1897. Your termination will only be complete upon your receipt of a cancellation confirmation number from Aiirmesh. If a termination notice is received at least 5 business days prior to the end of your current billing cycle, termination of your account will be effective at the end of your then current billing cycle. If a termination notice is received less than 5 business days prior to the end of your current billing cycle, charges to your account may continue until the end of the following billing cycle.
   
   
2. Without prior notice, Aiirmesh may terminate this Agreement, your password, your account or your use of the Services, for any reason, including, without limitation, if Aiirmesh, in its sole discretion, believes you have violated this Agreement or any of the applicable Customer policies, or if you fail to pay any charges when due. Aiirmesh may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.
   
   
3. Sections of this Agreement relating to (1) your payment obligations, (2) your account, password and security, (3) disclaimer of warranties and limitation of liability, (4) indemnification, and (5) jurisdiction shall survive termination of this Agreement

13. Legal Notices

1. All content included on any Aiirmesh Web site, including, but not limited to, text, graphics, logos, buttons, icons, and images, is the property of Aiirmesh or its licensors or partners and is protected by U.S. and international copyright and trademark laws. Reproduction, duplication, modification, distribution, transmission, replication, display or performance of the content without the express written permission of Aiirmesh is strictly prohibited.
   
   
2. The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512(c)(3) ("DMCA") provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet. If you believe that any material contained on any Aiirmesh Web site infringes your copyright, you should notify Aiirmesh of your copyright infringement claim in accordance with the following procedure.
   
   
3. Aiirmesh will process all notices of alleged infringement and will take appropriate action as required by the DMCA and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to Aiirmesh's designated agent who is:
   
   

   General Counsel
   Aiirmesh Communications, Inc.
   21300 Victory Blvd., Ste 600
   Woodland Hills 91367
   E-mail: legal@aiirmesh.net

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)): (1) Physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) Identification of the copyrighted work claimed to have been infringed; (3) Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Aiirmesh to locate the material; (4) Contact information of the complaining party; (5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law; (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

14. Miscellaneous. This Agreement and Aiirmesh's other Customer policies posted on Aiirmesh's Web site constitute the entire agreement between you and Aiirmesh with respect to your use of the Services. In the event any provisions of this Agreement are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired thereby. Aiirmesh may revise, amend or modify this Agreement and any other Customer policies and agreements, at any time and in any manner.