Entered by_______________

 Date _____________

NeboNet.com

Connection Contract and Use Agreement

This agreement is made this _____ day of ____________ 2004 by and between J.C. Mickelson’s Inc d.b.a. NeboNet.Com, a Utah Corporation having it’s office at 2100 South Main, Nephi, Utah 84648, (hereafter NeboNet) and ___________________________.

                                                (Hereafter Subscriber)

NeboNet is provider of Internet access in that it is a “conduit entity” through which Subscriber may obtain access to the Internet.  Subscriber desired to utilize the service of NeboNet as a conduit to enable Subscriber to access the information, programs and other services available on the Internet. 

Type of service provided is Dial-up.  As such, in exchange for a monthly fee of  $____________ to be received by NeboNet for Subscriber each month in advance, and the other good and valuable considerations, the parties agrees as follows:

1.        Pursuant to the terms of this agreement, and in exchange for the above stated monthly amount, Subscriber shall have the right to utilize the services of NeboNet and accessing the Internet.  Consistent therewith each Subscriber is responsible for the use of his or her own account (s), and for ensuring full compliance by any individual user of Subscriber’s account with the terms and conditions contained herein.

2.        Subscriber is responsible for obtaining and maintaining all equipment necessary to connect to NeboNet.  Subscriber agrees to use NeboNet in a manner consistent with any and all applicable laws and the laws of foreign countries.

3.        Subscriber specifically agrees to indemnify NeboNet and hold harmless NeboNet and it’s agents, employees and assign for any losses, costs, or damages, including reasonable attorney’s fees incurred by NeboNet relating to, or arising out of any breach of the Agreement or breach of a duty to another, caused by use of the Internet, by the Subscriber, or connection thereto, including but not limited to such things as, computer fraud, computer vandalism including virus, and objectionable or questionable content of mail, newsgroup postings, or use of the Internet in general.

4.        NeboNet reserves the right to change fees, surcharges, subscriber fees or institute new fees at any time upon (30) thirty days prior written notice.

5.        In the event of nonpayment, any breach of this agreement, or for any other reason within the sole discretion of NeboNet, NeboNet has the right to immediately, without need of notice, terminate Subscriber’s right of access to the Internet.

6.        Notwithstanding the foregoing, access to and the use of the Internet of NeboNet services may be terminated by either party, at any time, by sending written notice to the other party.  In the event of termination by Subscriber, Subscriber shall remain liable for any charges incurred until the effective date of termination.  The effective date of termination shall be the date upon which NeboNet receives the above described written notice, or on a future date if so specified by Subscriber.

7.        Subscriber is responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to NeboNet for reconstruction of any lost data.  The Subscriber agrees to assess their own need for protective measures, and implement where necessary, whether under professional advice or not, including voltage spike, computer equipment insurance, virus detection and elimination software, security and system administration policies, and obtain protection as they see fit and not to make any claim against NeboNet, its users or faculty, for the loss or damage to their equipment.

8.        Subscribers understand that and agrees that opinions, advice, services and all other information expressed by subscribers, information providers, service providers, or other third parties on NeboNet or the Internet are those of the provider and not of NeboNet.  NeboNet exercises no control whatsoever over the content of the information passing through it.

9.        Subscriber is responsible for all telephone charges for connection directly to NeboNet services. NeboNet assumes no responsibility or liability for any phone change including, but not limited to long distance charges, per minute surcharges and/or equipment or line costs, incurred by Subscriber while accessing the Internet.  Any disputes or problems regarding phone service are strictly between the Subscriber and his or her local phone company and/or long distance service provider.

10.     Upon termination of this agreement or the services contemplated hereunder, Subscriber must either return all NeboNet software to NeboNet or destroy it.

11.     NeboNet makes no warranties of any kind, whether expressed or implied, for the service it is providing.  NeboNet also disclaims any warranty of merchantability of fitness for a particular purpose.  NeboNet will not be responsible for any damage suffered by Subscriber.  This includes the loss of data resulting from delays, non deliveries, mis-deliveries, or service interruption caused by its own negligence or Subscriber’s errors or omissions.

12.     Any access to other networks through NeboNet must comply with the rules appropriate for such other network (s).

13.     Use of any information obtained via NeboNet is at Subscribers own risk.  NeboNet specifically denied any responsibility for the accuracy or quality of information obtained through its services.

14.     Subscribers specifically agrees not to upload, post or reproduce in any way material protected by copyright without the permission of the copyright owner.

15.     Only public domain files, and files in which the author has given expressed consent for on-line distribution, may be uploaded to the software libraries or other files by Subscriber.  Any other software may not be uploaded to NeboNet, or any software library.  NeboNet at its sole discretion, reserves the right to refuse posting of files, and to remove files.  NeboNet at its sole discretion, further reserves the right to immediately terminate, without notice, any subscriber who misuses uploading or posting to the Internet.

16.     This agreement allows subscribers to use the Internet and NeboNet when roaming.  The subscriber is not sharable.  Each person who uses NeboNet must be a Subscriber in his or her own right.  Subscriber will not allow any unauthorized person or entity to utilize NeboNet or the Internet.  Subscriber my not distribute User ID’s, and or Passwords, to the NeboNet service or the Internet or to Others.

17.     Subscriber agrees not to resell or obtain any compensation in any form, directly or indirectly, from any other person or entity for access, products, services or content through NeboNet without the expressed written permission of NeboNet.

18.     This agreement is not assignable or transferable without the expressed written permission of NeboNet.

19.     NeboNet may only be used for lawful purposes.  Transmission of any material in violation of any U.S. or any State’s regulation is prohibited.  This includes but is not limited to: Copyrighted material, material that is legally judged to be threatening or obscene, or material protected by trade secret.  Subscriber specifically agrees to indemnify and hold NeboNet harmless from any claims resulting from breach of these terms, and/or their use of the service which damages another.

20.     All fees collected by NeboNet from Subscriber are to be paid in advance.  Subscriber agrees to pay setup fees, if any, and to pay last month’s fee in advance.  Subscriber agrees to maintain a zero balance on their account by paying in advance for said monthly services.  Any increment higher than a calendar month is acceptable to NeboNet.

21.     This agreement, together with any handwritten terms on reverse hereof, constitute the entire agreement between parties hereto.  The terms and conditions of this agreement shall be interpreted and enforced pursuant to the laws of the State of Utah.

22.     As of the above mentioned date, the monthly service charge is as follows: $___________ per month for unlimited use.  Additional Service options: See Homepage for correct prices.

23.     In the event that full payment for charges incurred in my Internet service is not made, I agree to pay all costs of collection including a 50% Collection Agency commission, reasonable attorney fees, and interest at the rate of 18% per annum.  I also agree to submit myself to the jurisdiction of the courts of Juab County.  All past due accounts will be assessed a $5.00 late fee if payment is not received 15 days after the billing date, and account will be subject to termination.

24.     Signatures

Subscriber __________________________ NeboNet Agent _______________________________

Please print the following:

        Full name __________________________ Phone number _________________________________