Service Agreement for Star Networks and Design

STARNET SERVICE AGREEMENT

WIRELESS HOME NETWORKING INSTALLATION SERVICE CONTRACT
PLEASE TAKE THE TIME TO READ THE FOLLOWING TERMS AND CONDITIONS UNDER
WHICH STARNET, ("STAR NETWORK AND DESIGN") AGREES TO PROVIDE LABOR ONLY SERVICES FOR
INSTALLATION OF YOUR WIRELESS HOME NETWORK PRODUCT. THIS AGREEMENT IS
BETWEEN YOU AND STARNET. HERE ARE THE DETAILS OF YOUR CONTRACT
(“AGREEMENT”):

Your Wireless Product. For purposes of this Agreement, a Wireless Product is defined as a single
Wireless Home Network comprised of the following components: Internal miniPCI card or
External PC Card, External USB Adapter, and Wireless Broadband
Router (the “Wireless Product”).

This Agreement is valid on Wireless Product purchased in the United States only. The Services to be
provided under this Agreement apply only to the continental United States, Alaska, and Hawaii.

Installation Services. The installation services in this Agreement are labor only services which are limited
to the initial, first-time installation of a single: (1) a Broadband Router/Access Point; (2) a
single internal mini PCI card OR external PC Card; (3) additional single internal
mini PCI card OR external PC Card on an incremental fee basis and (4) basic
orientation. This service includes a single one (1) time on-site event at your location unless additional site
visits and services are purchased by you. This service does not cover resolution of any hardware
compatibility problems or any environmental restrictions, which inhibit the Wireless Product’s operation or
your computer system’s operation on a wireless network. This Agreement assumes proper operation of all
your equipment, your Wireless Product and your computer system at the time the technician arrives at your
location and does not include any repair services.

Your Responsibilities Prior to Scheduling for Installation. Before scheduling installation services with
the technician, it is your responsibility to ensure the following:

• YOU ARE RESPONSIBLE FOR ENSURING THAT WIRELESS NETWORKING
DOES NOT VIOLATE YOUR TERMS OF SERVICE WITH YOUR BROADBAND
INTERNET SERVICE PROVIDER.
• YOU ARE RESPONSIBLE FOR ANY AND ALL CHARGES ASSESSED BY YOUR
BROADBAND INTERNET SERVICE PROVIDER. YOU ARE RESPONSIBLE FOR
CONTACTING YOUR BROADBAND INTERNET SERVICE PROVIDER TO
DETERMINE WHETHER THEY IMPOSE ADDITIONAL CHARGES FOR
CONNECTING MORE THAN ONE COMPUTER TO A SINGLE INTERNET
SERVICE PROVIDER CONNECTION.

• You are responsible for ensuring that your computer system is fully installed and functioning
properly prior to the arrival of the technician unless you have separately purchased computer
system installation services.

• You are responsible for ensuring that your computer system(s) meets the minimum hardware
requirements for the operation of the Wireless Product.

You are responsible for ensuring your Wireless Product and computer system and all items necessary for
installation are available to the technician and are located in the immediate area where the installation is to
take place.

• You are responsible for ensuring that the site is ready for installation. Service technician will
not move, clean, modify, or set-up furniture.
• You are responsible for ensuring the physical installation site is adequate to properly run the
computer system and the Wireless Product.
• You are responsible for ensuring availability and hook up to adequate power to properly run
the computer system and Wireless Product.
• You must supply, as is appropriate for the broadband Internet service the computer system
and the Wireless Product will be connected to, an accessible cable television jack, telephone
jack and telephone cord to the technician.
• You are responsible for ensuring adequate wiring and cabling is available to the technician.
• You are responsible for ensuring your broadband Internet service provider connection is
available and properly operating.
• You must provide the technician with legally licensed copies of any software-drivers or minor
applications required for installation of any external devices if different from Windows Standard
drivers.
• You must provide the technician with any system or Internet service provider passwords
necessary to perform the installation.
• You are responsible for ensuring that connectivity to an Internet service provider is active
before a technician arrives at your site to perform the wireless installation.
• Certain Internet service provider settings information is required in order to accomplish
installation of your Wireless Product. This information should have been provided to you by
your Internet service provider or should be readily available on your computer system. If
StarNet is required to contact your Internet service provider to obtain this information, this
will be considered an additional service and you may be assessed an additional charge.

IMPORTANT NOTICE. If any of the items you are required to provide are not
immediately available to the technician upon arrival at the site location, the technician will
accomplish as much of the installation service as possible and you will be responsible for any
further installation of your Wireless Product. In no event will you be entitled to any refund
for amounts paid by you or any additional service from StarNet.

Installation Service Hours. If you purchased installation during Standard Business Hours,
service will be available Monday through Friday 9:00am to 5:00pm, excluding regularly observed
holidays and posted vacations. If you purchased installation during After Hours Weekdays and Saturdays, service will
be available Monday through Friday 9:00pm to 5:00pm.

Summary of Your Responsibilities.
• You must review Internet service provider options that accompany your computer system and Wireless
Product and provide selection to the technician. You will be responsible for confirming the dial-in
options to the Internet service provider. In no event shall StarNet be liable to you or any third party
for any communication charges (such as, but not limited to, long distance charges) as a result of
establishing your Internet service provider connection.
• You are responsible for removal of any trash or storage of packing materials.

TERMS and CONDITIONS:
USE OF WIRELESS NETWORK

• You agree that the computer system and Wireless Product are for personal use within the your
residence, and that you will not use the equipment to permit unlawful or unauthorized access to online
services.

USE OF WIRELESS NETWORK SUBJECT TO INTERNET SERVICE PROVIDER TERMS
• You acknowledge that your Internet service provider may prohibit you from hosting a dedicated server
or providing network services to other computers unless you have subscribed to a service plan that
permits wireless service. If you choose to use the wireless network we install to permit access from
multiple systems and/or multiple users to their Internet service, you agree that it is your responsibility
to verify that such use is permitted, or to contract with your Internet service provider as necessary to
permit such use.

USER RESPONSIBILITY FOR SECURITY
• You acknowledge that you understand wireless networks are inherently less secure than wired
networks. There is a risk that unauthorized persons may access your wireless network, even from
outside your property. You agree to understanding this risk, and you are responsible for taking any
necessary security precautions, including, but not limited to, backing up any data and protecting your
systems with robust and frequently changed passwords.
• You agree that although we are providing assistance by performing basic installation service, system
and network security are not included in the services and are ultimately your responsibility.

ACCEPTANCE
• Upon completion of the Wireless Product installation, our technician will give you an “Acceptance
Form.” By signing the Acceptance Form, you accept that the services have been properly performed
and acknowledge that the computer system and Wireless Product are in good working order.

Summary of Installation Services.

Wireless Home Networking Set-up will include:
• Verification of receipt and condition of all boxes and components.
• Confirmation that physical site and power are adequate to properly run the system.
• Verification that all components are present.
• Verification of existence of Internet connection and proper operation.
• Unpacking of systems and components.
• Installation or verification of installation of Ethernet HW, drivers, and protocols on computer
that will connect to the router/AP through wired Ethernet connection
• Physical connections of AP, USB adaptor and/or PCMCIA card per placement
• Load hardware drivers
• Load software/drivers for PCMCIA card
• Enable file sharing between networked systems
• Enable printer sharing between networked systems

Customer Orientation will include up to a maximum fifteen (15) minutes orientation of the
following:
• Location of major system/peripheral components:
?? On/Off switch
?? Reset button
?? Ports in back of system (parallel, serial, USB, video, mouse, etc.)
• Orientation of wireless network:
?? Basic navigation around desktop, including desktop icon tour
?? Describe hardware functionality
?? Network login
?? Sharing files between client systems
?? Printing files to networked printer
?? Basic trouble shooting steps

Holidays: Regular holidays shall include New Year’s Day, Good Friday, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, and Christmas Day, unless StarNet
notifies you otherwise.

Vacations: Vacations will be posted at www.starnetdesign.8m.com and on a message machine one
week prior to leaving.

Additional Services. Additional Services outside the scope of this Agreement are available for an
additional fee. The charges for such Services will be quoted to you exclusive of any taxes.

An Adult Must Be Present At Residences: For installation services provided at a residence, an adult must
be present at all times during the service technician’s visit.

Assistance You Must Provide. The service technician must receive full access to the computer system
and the Wireless Product and (at no cost to StarNet) have working space, electricity, and as appropriate
for the broadband Internet connection to your Internet service provider, a cable television jack, or local
telephone line. If these requirements are lacking, StarNet is not obligated to provide installation services.

If You Miss The Service Visit. If you or your authorized representative is not at the location when the
service technician arrives, we regret that the service technician cannot install your Wireless Product. The
service technician will leave a card to let you know he or she was there. If this occurs, you will be charged
an additional charge for a follow-up service call.

Notices.

Any written notices provided by you to StarNet must be sent to the following address:

(1) Thomas Butler
1520 Pembroke way
Dixon, CA 95620

General.

Governing Law. This Agreement is governed by California law.

Assignment. StarNet reserves the right to assign its rights and obligations under this Agreement to a
qualified third party designated by StarNet. In the event of such an assignment, you agree to look solely
to the third party assignee for performance under this agreement.

Complete Agreement. THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT
OF THE AGREEMENT BETWEEN YOU AND STARNET AND IT SUPERSEDES ALL PRIOR ORAL
AND WRITTEN PROPOSALS AND COMMUNICATIONS PERTAINING TO THE SUBJECT
MATTER HEREOF.

LIMITATIONS TO INSTALLATION SERVICE. THIS AGREEMENT IS LIMITED TO A
SINGLE SITE VISIT. This Agreement extends only to original purchasers of the Wireless Product and
located within the United States as determined by StarNet. The services StarNet agrees to provide under
this Agreement are labor only installation services. This Agreement does not cover any defect that exists or
occurs in materials or workmanship in the computer system or Wireless Product or in any computer system
component or any Wireless Product component. Operating supplies are not included. Repairs necessitated
by software problems, or as a result of alteration, additions or deletions, adjustment and repair services
which are necessary due to manufacturer’s recall of computer system components or Wireless Product
components are not included. This Agreement does not cover repairs or damage as a result of: (i) accident,
misuse, neglect, failure to follow instructions for proper use, care or cleaning of the computer system or
Wireless Product or abuse of the computer system or Wireless Product component (such as, but not limited
to, use of incorrect line voltages, use of incorrect fuses, use of incompatible devices or accessories,
improper or insufficient ventilation, failure to follow operating instructions, or use of out of specification
supplies), (ii) an act of God such as, but not limited to, lightning, flooding, tornado, earthquakes, and
hurricanes, (iii) failure due to an external factor (fire, flood, failures or fluctuations of electrical power or
air conditioning), (iv) the loading of software, software configurations or any data files, or (v) the moving
of the computer system or Wireless Product from one geographic location to another or from one purchaser
to another.

Force Majeure. StarNet is not liable for any failure or delay in performance due to any cause beyond its
control. In any event, if StarNet's ability to render installation services is impaired by you or
circumstances beyond StarNet's control, StarNet may terminate this Agreement.

Cancellation. StarNet may immediately cancel this Agreement without notice in the event you fail to
make payment when due.

Important Notice: Under no circumstances and in no event shall StarNet be liable for any loss of any
software or data. It is your responsibility to properly back up any items prior to allowing StarNet to
perform services.

WARRANTY EXCLUSION. THE INSTALLATION SERVICE IS PROVIDED “AS IS.”
STARNET MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. STARNET
EXPRESSLY DISCLAIMS ALL WARRANTIES.

LIMITATION OF REMEDY. YOUR EXCLUSIVE REMEDY AND STARNET'S ENTIRE,
COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS
AGREEMENT IS THE PERFORMANCE OF INSTALLATION SERVICES IN ACCORDANCE
WITH THIS AGREEMENT. IF STARNET IS UNABLE TO PROVIDE SUCH SERVICES, YOUR
EXCLUSIVE REMEDY AND STARNET'S ENTIRE LIABILITY WILL BE THE PAYMENT OF
ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE
OR, IF NO CHARGE WAS PAID, THE THEN-CURRENT PUBLISHED CHARGE FOR THIS
AGREEMENT. UNDER NO CIRCUMSTANCES WILL STARNET BE LIABLE TO YOU OR
ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST,
PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER
LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE
INSTALLATION, DEINSTALLATION, USE OF, OR INABILITY TO USE THE SYSTEM, OR
OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER.

THIS AGREEMEENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER
RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii)
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY.

INDEMNIFICATION
CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS STARNET AND ANY
THIRD PARTY ACTING ON BEHALF OF STARNET FOR ANY CLAIMS (INCLUDING, BUT NOT
LIMITED TO ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL
MISCONDUCT BY STARNET OR ANY THIRD PARTY ACTING ON BEHALF OF STARNET) AND
FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY STARNET (INCLUDING,
WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF)
ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES
PROVIDED BY STARNET OR ANY THIRD PARTY ACTING ON BEHALF OF STARNET.

Neither StarNet nor you may institute any action in any form arising out of this Agreement more than
eighteen (18) months after the cause of action has arisen, or in the case of nonpayment, more than eighteen
(18) months from the date of last payment.

With regard to any services that are not within the coverage of this Agreement, it will be within StarNet 's
discretion whether to perform the services, and, if StarNet elects to perform the services, the services will
be subject to an additional charge to be paid by you.