This WIRELESS INTERNET ACCESS AGREEMENT ("Agreement") is

entered into this ______ day of ____________, _____, between

Accel Net, Inc. ("Accel Net"), and
_________________________________________________("Customer").

1. ACCEL NET shall provide the Customer ___ connection(s) to the Internet from ACCEL NET's closest Point of Presence (POP) at shared ______ Megabits per second burstable rate and nominally symmetric bandwidth (the "Connection").  The Customer shall pay to ACCEL NET the sum of $__________ per month every month in advance during the term hereof plus a one time installation fee of $___________ both of which shall be due upon The Customer execution hereof.  The Customer shall be entitled to use this Connection for the transfer of data to and from the Internet of no more than ____ Gigabytes of IP data per month.Any additional information transfer in any given month shall be charged an additional rate of $20 for every Gigabyte or fraction thereof exceeding this amount. Customer may select at any time additional Gigabyte packages, by placing an order to the Sales department. Such an order will constitute an addendum to this contract.

2. The Customer shall receive from ACCEL NET the requirements necessary to provide the Customer with the Connection which shall include, but not be limited to router configuration information, local loop information and the demarcation point (the "Requirements") and the date on which the Requirements must be fulfilled.

3.All charges for service shall be listed on the Order for Data Communications Services (Service Order), which shall be attached to this Agreement.Additional charges or changes in service ordered by the Customer at a later time may require the execution of another Agreement with attached Service Order.

4. This agreement shall commence on the date the Connection is activated (the "Activation Date") which shall be on or before _________________________, 2001 for a term of ____ year(s) and ________ days at which time this agreement shall automatically renew for successive one year terms unless terminated by either party at least 30 days prior to the then current date for termination.  ACCEL NET reserves the right to change it␁s rates for 1 year renewal term by notifying the Customer at least 30 days in advance of the effective date of such a rate change.  The Customer acknowledges that circumstances beyond the control of ACCEL NET may cause a delay in activating the Connection in which case the term of this Agreement shall commence on the date the Connection is activated; provided, however, in the event the delay in activating the Connection is the result of the Customer's failure to comply with or provide any of the Requirements of this Agreement, shall commence on the activation date previously agreed to and stated herein.

5. The Customer understands that setup fees are non-refundable if the wireless connection is operable and that setup fees are not refundable later than 14 days after installation.  Setup fees are only refundable if the connection is not working within 14 days after installation.

6. ACCEL NET reserves the right to deny service to any Customer who damages or degrades the over the air network for any reason, intentional or otherwise, as the bandwidth for this type of connection may be shared over the air.  As degradation of the over the air network can occur because of excessive use of bandwidth or the creation of packet storms, viruses or any other such cause, ACCEL NET shall have the right to take any preventive measures it deems necessary to protect the over the air network from such degradations including but not necessarily, temporary interruption of service.  If possible, the individual or business will receive a warning and have 24-hours from such warning to rectify the situation.  At that time the customer may be permanently throttled to a lower speed connection, disconnected or may be required to upgrade their connection to a dedicated (non-shared) wireless connection.

7. ACCEL NET, solely, shall hold all password and authentication information on the ACCEL NET connected router at the customer's location until termination of this agreement.  Upon termination of this agreement ACCEL NET shall provide the customer with passwords to all customer owned equipment that ACCEL NET holds.

8. ACCEL NET is not responsible or liable for any of the following: (a) Any obstruction(s) that might be erected or grow between the Customer's antenna and ACCEL NET’s POP causing degradation or loss of service; (b) Debris or ice on antenna; (c) Re-aiming the antenna later than 14 days after installation; (d) Installing hardware and/or software in a different computer or router after initial installation; (e) Re-configuration of network settings due to, but not limited to: tampering, re-installation of operating system, accidental removal, or moving the hardware to another computer or location.

9. The Customer understands that wireless Internet connectivity requires direct radio line of sight, and that any obstruction between ACCEL NET and the Customer antenna may block or adversely affect the signal and bandwidth capabilities or speed of the connection. The customer understands that tree leaves may absorb the microwave signal and may degrade or disrupt the customer's Internet connectivity performance.  The Customer also understands that wireless equipment installed during a time of year when there are little or no leaves in the trees may risk loosing connectivity when the leaves come back in the Spring.  The Customer may require extra hardware and setup at that time.   ACCEL NET shall not be held liable for this situation and/or any additional charges for such remedy work nor will the Customer be entitled to any type of refund. However if service is interrupted due to exclusively equipment or hardware failure of ACCEL NET’s network for a continuous 2-week period, the customer has the option to declare this contract in default and all subsequent obligations under the terms of this contract shall become null and void.

10. This Agreement does not include any other incidental or additional charges such as additional network equipment, wiring or additional installation charges ordered by the customer, additional IP addresses or other charges to be determined or agreed to by the customer outside the scope of this written agreement.  Additional telecommunications contract work ordered by the Customer to be performed at or after installation of this service shall be executed by a separate contract and invoice.

11. The Customer will be invoiced monthly in advance for all amounts due and owing to ACCEL NET.All payments are due and payable within 15 days after the date of such invoice.The Customer may be disconnected if payment is not received within 20 days of the date of such an invoice.

12. The wireless radio, antenna, support mast, power supply, hub/switch, cable and any other equipment or material supplied by ACCEL NET to accomplish the installation of service are the property of ACCEL NET, and shall be returned to ACCEL NET, in original condition, within 5 days of service termination.The customer shall allow ACCEL NET employees to remove the hardware and material from the customer premises and customer building upon notice of such action by ACCEL NET.

13. If The Customer terminates this Agreement anytime after implementation, but before expiration, the Customer shall pay a lump sum equal to the charges of the remainder of the then current term of the Agreement in no case greater than 1 year. If ACCEL NET terminates the Customer for violation of the Acceptable Use Policy described herein and elsewhere, the Customer shall have a 72-hour period during which the Customer must fix the problem(s) associated with the violation or pay, immediately, a lump sum equal to the charges for the remainder of the then current term of the Agreement, in no case greater than 1 year.

14. ACCEL NET offers the Customer access to the Internet.The Customer hereby acknowledges that the Internet is not owned, operated, managed by, or in any way affiliated with or by ACCEL NET or any of it’s affiliates, and that it is a separate network of computers independent of ACCEL NET.Access to the Internet is dependent on numerous factors, technologies, and systems, many of which are beyond ACCEL NET’s authority and control.The Internet speed of the Customer connection may be subject to delays caused by the Internet itself and in no way is ACCEL NET responsible for the day-to-day performance of the Internet.The Customer's use of the Internet is solely at the Customer's own risk and is subject to all applicable local, state, national, and international laws and regulations.

15. ACCEL NET’s network can only be used for lawful purposes.The transmission of any material in violation of any local, state, national, or international law or regulation is prohibited.This includes, but is not limited to, copyrighted material, material legally judged to be illegal, threatening or obscene, material protected by trade secret, or material that is otherwise deemed to be proprietary or judged by ACCEL NET to be inappropriate or improper such as bulk e-mail messages.

16. Access to other networks connected to ACCEL NET’S network must comply with the rules appropriate for that other network.ACCEL NET exercises no control whatsoever over the content of the information passing through it’s network.

17. The service provided under this agreement is for the sole use of the customer, their employees, and their associates at the place of business or place of residence indicated on this agreement and is not available for resale, reassignment, transfer or use by any other party other than the one for which it is assigned to under the terms of this agreement.

18. ACCEL NET makes no warrantee, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, mis-deliveries or service interruption however caused.Use of any information obtained by ACCEL NET’S network is at the Customer's own risk.ACCEL NET specifically disclaims any responsibility for the accuracy or quality of information obtained through this Internet connection or ACCEL NET’s network.

20. ACCEL NET reserves the right to monitor the Customer's Internet Traffic that Accel Net Carries to and from the Internet under the terms of this Contract and ACCEL NET’s Acceptable Use Policy.Upon the occurrence of an unresolved default or violation by the Customer of the terms of this Contract or ACCEL NET’s Acceptable Use Policy, ACCEL NET reserves the right, in addition to any other legal remedies which may be available, to terminate service to the Customer, upon which the Customer shall pay, immediately, a lump sum equal to the charges for the remainder of the then current term of the Agreement in no case greater than 1 year.

22. This Agreement is deemed to be entered into within the State of Washington.  The parties agree that any dispute arising under this Agreement shall have it␁s venue in King County, Washington and any such dispute shall be governed by and constructed in accordance with the laws of the State of Washington.

23. ACCEL NET may assign this Agreement without the Customer's prior consent and all of ACCEL NET’S rights, title, and interest herein shall inure to the benefit of such assignee, it␁s successors and assigns.  This Agreement shall not be assignable by the Customer except with the written consent of ACCEL NET.  Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

24. Neither party shall disclose any of the terms and conditions of this Agreement without prior written consent of the other, provided, however, in any of it␁s sales and marketing materials, ACCEL NET may refer to the Customer as it␁s customer with permission granted by the customer.

25. This Agreement may be modified only by a written instrument signed by the party against which the modification is being enforced.

26. Any notice required to be given hereunder shall be in writing and shall be deemed to have been delivered when deposited in the United States mail, registered or certified mail, return receipt requested with adequate postage affixed and addressed to the persons set forth in the signature block hereto or to such other address as either party may provide to the other in accordance with the provisions hereof.A copy of any notice to ACCEL NET shall be sent to:

Accel Net, Inc.
14705 216th Ave. NE
Woodinville, WA, 98072.