Butler Networks Account Order Form

Customer Name _____________________________________ Tax ID# _______________

Billing Address The monthly bill will be sent to this address.

Billing Contact _____________________________________________

Billing Email ______________________________

Billing Address _______________________________________________

Billing Phone __________________________

Billing City _______________________

Billing State __________

Billing Zip ______________________

Billing Fax _____________________

Physical Location This is the location where the service is to be installed.

Technical Contact ______________________________________________

Technical Email ____________________________

Physical Address _______________________________________________

Technical Phone ________________________

Physical City _______________________

Physical State __________

Physical Zip ____________________

Physical Fax _____________________

Operating System Check all that apply.

__95 __98 __ME __2000 __XP __Mac __UNIX

DSL Information Required if customer orders DSL.

Did the line pre-qualify? ____ Yes ____ No Provide phone number with area code __(________)____________________

Products Mark quantity of each product clearly and total the order for the customer.

Qty	Product	Install Fee	Equipment Fee	Monthly Fee	Install Total	Equipment Total	Monthly Total
___	Business DSL 1.5/256 SESSION	$ 125.00	$ 50.00	$ 74.95	$______	$______	$______
___	Business DSL 1500/512 BBG	$ 225.00	$ 50.00	$ 200.00	$______	$______	$______
___	Business DSL 3.0/384 BBG	$ 125.00	$ 50.00	$ 84.95	$______	$______	$______
___	Business DSL 768/512 BBG	$ 225.00	$ 50.00	$ 150.00	$______	$______	$______
___	Colocation	$ 275.00	$ 0.00	$ 25.00	$______	$______	$______
___	Metro Ethernet	$1000.00	$ 500.00	$1600.00	$______	$______	$______
___	Residential DSL 1.5/256 SESSION	$ 100.00	$ 50.00	$ 48.95	$______	$______	$______
___	Residential DSL 3.0/384 BBG	$ 100.00	$ 50.00	$ 58.95	$______	$______	$______
___	Site Visit	$ 75.00	--	$ 0.00	$______	$______	$______
___	Sprint Wireless Data - unlimited	$ 0.00	--	$ 80.00	$______	$______	$______
___	Sprint Wireless Data Router	$ 400.00	--	$ 0.00	$______	$______	$______
___	Sprint Wireless PC Card	$ 150.00	--	$ 0.00	$______	$______	$______
___	Sprint Wireless USB Card	$ 150.00	--	$ 0.00	$______	$______	$______
___	T1 1500/1500	$ 575.00	$ 500.00	$ 500.00	$______	$______	$______
___	VOIP Line	$ 20.00	--	$ 46.00	$______	$______	$______
___	Wholesale Bandwidth - Outbound	$ 0.00	--	$ 100.00	$______	$______	$______
___	Wholesale Bandwidth - Standard	$ 0.00	--	$ 150.00	$______	$______	$______
___	_________________________________	$______	$______	$______	$______	$______	$______
Totals					$______	$______	$______
If your business is ordering service for multiple locations, please include the following information on additional spreadsheet as an addendum to this fax and also email the excel spreadsheet to sales@butler.net. Location identifier (store number or reference name) Full address at store location Phone number at store location Site contact at store location Required installation due date Username and password

Bill Payment Monthly payments are due within ten (10) days of receipt of invoice.

__ VISA __ MC __ CHECK Card#: ______________________________________ Expire ________

Butler Networks PO Box 331185 Nashville, TN 37203
Phone 615-369-7070, Fax 615-250-0587

Signature and Notes

Contract Term : ____ 1yr ____ 2yr ____ 3yr

Notes: Include usernames, passwords and number of ip addresses needed. Attach spreadsheet per instructions for multiple locations.

Username: _________________@butler.net

Password: _________________

_________________________________________________
Butler Networks Authorized Signature Date

__________________________________________________
Customer Authorized Signature Date

____________________________
Agent Name or Number

Butler Networks Service Agreement

READ THIS SERVICE AGREEMENT CAREFULLY BEFORE USING ANY OF OUR INTERNET SERVICES

AGREEMENT This is an agreement between Butler Networks and you to provide Access to the Internet ("the service"). By establishing an account or using the Service or equipment, you agree to be bound by this Agreement and to use the Service in compliance with Butler Networks Internet Service Agreement.
TERM The initial term of this agreement is indicated on the account order form and is in effect from the date that the Service is first used ("Activation Date") and will continue on a month-to-month basis thereafter. Butler Networks reserves the right to refuse service to anyone or discontinue an account at its sole discretion.
The Service speed can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of Butler Networks. Butler Networks provides the Service on Butler Networks's "best effort" standard and does not guarantee upload or download speeds.
CANCELLATION If you are dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, your sole remedy is to discontinue using the Service, cancel your account, and pay any cancellation fees that apply. Butler Networks is providing equipment to you for your use of the Service. Cancellation of DSL Service by you before 6 months will result in a charge of $60. Cancellation of any other service prior to contract term will require payment in full for the term of the contract.
To cancel the Service you must call or write to Butler Networks Customer Service Manager, PO Box 331185, Nashville, TN 37203. Cancellation will be effective at the end of the current billing period in which notice of cancellation is received. Upon cancellation, e-mail service will be terminated and all files stored on Butler Networks servers will be deleted. Butler Networks may terminate this Agreement, your password, your account, or your use of the Services for any reason, including, without limitation, if Butler Networks, in its sole discretion, believes you have violated the Agreements or if you fail to pay any charges when due. Termination notice will be by e-mail or U.S. Mail to the address you provided for the Service. All notices to you shall be deemed effective on the first (1st) day following the date of the e-mail or on the fourth (4th) day following the date of the mailing.
For all non-dsl customers, this contract remains in force unless customer is without service or experiences packet loss greater than 10% for at least 3 consecutive business days (72 hours). If the above conditions are met, customer reserves the right to transfer service to a new provider and Butler Networks will make every effort to ensure a smooth transition.
PAYMENT You will be charged a one-time activation fee based on the products chosen on your Butler Networks Account Order Form. The monthly charges are also displayed on your Butler Networks Account Order Form. Butler Networks may offer from time to time certain promotions with different terms, activation fees and monthly charges. 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 Butler Networks's Customer Service Dept. at 615-369-7070. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. A late charge of $15 or 10% (whichever is greater) will be applied to customer accounts not paid in full by the 11th of each month. Adjustments will not be made for charges that are more than 60 days old. Charges are billed to your credit card or debit card, as applicable, each month for the Service and any additional usage or services. Butler Networks is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Butler Networks. Payment by check is due within 10 days after the month in which the charges are incurred. You agree to maintain valid and current credit card information on file with Butler Networks at all times. If purchasing Services through a reseller, the reseller must pay all amounts owing for your account. If the reseller fails to pay Butler Networks any amounts due, whether or not you have paid the reseller, your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due.
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Delinquent accounts may be suspended or canceled at Butler Networks's sole discretion; however charges will continue to accrue until the account is canceled. Butler Networks may bill an additional charge to reinstate a suspended account.
YOUR ACCOUNT, PASSWORD, AND SECURITY Upon registration, you will receive a username, password, and and account designation. You are solely responsible for the use of the Service. You may share your service wirelessly with others provided you receive no financial benefit from doing so. This includes in-kind compensation as well as monetary contributions. E-mail accounts exceeding 50MB in size may be inactivated until you reduce the size of the mail being stored.
INSTALLATION Butler Networks will provide you with a kit containing a modem, configuration sheet and filters( "the equipment"). Butler Networks will make its best effort to provide the Service. Because of the complex nature of high speed internet services, availability, and the underlying infrastructure, it any not be possible to provide the Service to everyone. In its sole discretion, Butler Networks may cancel the installation process and refund any money that you have paid. Butler Networks will notify you of its intent to cancel as soon as reasonably possible. It may take 30, 60, 90 or more days to determine if Butler Networks is able to provide service. Butler Networks shall have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation or provide the Service.
MONITORING THE SERVICES Butler Networks has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Butler Networks, 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 Policy. Butler Networks may immediately remove your material or information from Butler Networks's servers, in whole or in part, which Butler Networks, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy.
DISCLAIMERS CERTAIN EQUIPMENT MAY BE SUBJECT TO THIRD PARTY WARRANTIES, WHICH MAY BE PASSED THROUGH Butler Networks TO YOU AT NO ADDITIONAL CHARGE. Butler Networks 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, Butler Networks 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 Butler Networks's CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR OR MODIFICATION BY ANYONE OTHER THAN Butler Networks OR ITS CONTRACTOR. Butler Networks RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Butler Networks DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. Butler Networks MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTIBILITY AND FITNESS FOR AN PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH Butler Networks OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY Butler Networks OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. Butler Networks AND IT S 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, Butler Networks'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.
Butler Networks 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 MERCHANTIBILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF Butler Networks, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST Butler Networks 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 THE SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

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