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SYIX.COM Reach T1 Service Agreements   1. Invoicing and Payment. Upon placing the order for an installation of an Reach circuit, SYIX.COM will charge Customer for all one-time installation and equipment fees, and for the first month's recurring circuit fees. Monthly recurring circuit fees will continue to be charged to Customer one month in advance. All billed fees are due within thirty (30) days from the date of an invoice. 2. Overdue Charges. In the event that SYIX.COM fails to receive Customer's payment within 45 days of an invoice, SYIX.COM  will suspend Customer's Reach circuit for a period of 15 days. If Customer's payment is not received within sixty (60) days of an invoice, Customer's Reach T-1 circuit will be disconnected and Customer will be charged any applicable disconnection fees. 3. Disputed Charges. Customer may dispute any or all of an invoice in writing and provide such written notice to SYIX.COM within 30 days from the date of an invoice. All undisputed portions of an invoice must be paid in a timely manner. Within 10 days receipt of a written notice of dispute, SYIX.COM will use good faith efforts to determine the validity of a dispute and notify Customer of its final determination. Any amounts due as a result of SYIX.COM's final determination will be due pursuant to Sections 1 and 2, above. 4. Prices & Fees. Please contact a SYIX.COM sales representative for the latest monthly recurring circuit prices. A Reach circuit order may be cancelled without penalty for a period of three business days. Thereafter, a fee of $199 will be charged for cancellation before installation of the Reach T 1 circuit. If Customer terminates an installed Reach T-1 circuit before its term expires, a $799 early termination fee will be charged. Customer may request that a Reach T-1 circuit be moved to a different location within the same metropolitan area. If service is available at the new location, SYIX.COM will re-install the Reach circuit at Customer's new premises for a fee of $300, and Customer agrees to extend the term for the re-installed circuit to one year from the date of the re-installation. 5. Agreement Term. This Agreement will begin on the day it is executed by Customer and continue for a term of one year from the installation of the first circuit provided under this Agreement. Unless SYIX.COM or Customer provide notice of termination to the other more than 30 days prior to the expiration of the term, a new one-year term will begin upon expiration of the first term and after successive terms. 6. Circuit Term. Cancellation and Disconnection Fees. Each Reach circuit ordered under this Agreement will have a term of one year from the date the circuit is installed. Customer may cancel an order prior to installation with twenty-four hour written notice and disconnect installed service by providing 30 days prior written notice to SYIX.COM, subject to the cancellation and disconnection fees included in Section 4. Unless Customer provides written notice of termination for any Reach circuit, more than 30 days prior to the date that circuit expires, then a new one-year circuit term will begin upon expiration of the first term and after successive terms. 7. Service Guarantees. A) SYIX.COM will install a Reach circuit within 60 calendar days after acceptance of this order or SYIX.COM will give Customer a $200 credit. If SYIX.COM cannot install a Reach  circuit within 90 calendar days after acceptance of the order, SYIX.COM will give Customer an additional $200 credit. B) Appointment Guarantee. In the first step of the installation of a Reach circuit, the local telephone company has to connect two copper pairs from its neighborhood telephone junction box to Customer's premises. A SYIX.COM technician or designee then has to come to Customer's premises to run wires to the location desired for the router. Although SYIX.COM cannot control the timeliness of the local telephone company technician, SYIX.COM does guarantee that the SYIX.COM technician will show up on the agreed day or SYIX.COM will credit Customer's account with $50. C) Service Guarantee. If Customer's Reach service is ever unavailable more than 4 hours in a 24 hour period from the time a Customer provides notice of trouble to SYIX.COM, and Customer is reasonably available to help troubleshoot the problem (e.g., turning the router on and off when requested) then SYIX.COM will credit Customer's account for a full day's Reach service charges. 8. Disclaimer of Warranty. ASIDE FROM THE GUARANTEES IN SECTION 7, SYIX.COM PROVIDES THE SERVICES AND EQUIPMENT HEREUNDER ON AN "AS IS" BASIS, AND CUSTOMER'S USE THEREOF IS AT ITS OWN RISK. SYIX.COM DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. SYIX.COM DOES NOT WARRANT THAT SERVICES WILL PERFORM AT A PARTICULAR SPEED, WILL BE UNINTERRUPTED, WILL HAVE NO DATA LOSS, OR WILL BE ERROR-FREE OR COMPLETELY SECURE. 9. Limitation of Liability and Liquidated Damages. IN NO EVENT SHALL SYIX.COM BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CUSTOMER'S BUSINESS OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA). SYIX.COM SHALL NOT BE LIABLE FOR ANY DAMAGES ASSOCIATED WITH THE INTERRUPTION OR LOSS OF USE OF SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY WILL BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR INDIRECT OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT. SYIX.COM AND CUSTOMER AGREE THAT IF SYIX.COM SHOULD BE FOUND LIABLE FOR LOSS OR DAMAGE DUE FROM FAILURE OF SYIX.COM TO PERFORM ANY OF THE OBLIGATIONS HEREIN, SYIX.COM'S LIABILITY FOR DAMAGES SHALL BE LIMITED TO ONE MONTH OF CUSTOMER'S MONTHLY RECURRING REACH  SERVICE CHARGES AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, AND THIS LIABILITY SHALL BE EXCLUSIVE. THE PROVISIONS OF THIS SECTION SHALL APPLY IF LOSSES OR DAMAGES, IRRESPECTIVE OF CAUSE OR ORIGIN, RESULT DIRECTLY OR INDIRECTLY TO PERSONS OR PROPERTY, FROM PERFORMANCE OR NONPERFORMANCE OF THE OBLIGATIONS IMPOSED BY THIS CONTRACT, OR FROM NEGLIGENCE, ACTIVE OR OTHERWISE, OF SYIX.COM, ITS AGENTS, ASSIGNS OR EMPLOYEES. 10. Network Maintenance. Customer understands that SYIX.COM may, from time to time, need to interrupt its provision of Services for maintenance and other operational reasons, and that Customer shall not receive any compensation for such interruptions. SYIX.COM will use reasonable effort to provide notice to Customer of such interruptions. 11. Indemnification. Each party shall indemnify, defend and hold the other party, its representatives, dealers, agents and assignees harmless against any third party Claims (defined below) arising out of its breach of this Agreement that results in any Claim against the other party, its affiliates, employees or agents. For purposes of this indemnification, "Claims" means and includes all obligations, such as taxes in connection with business conducted or sales made by Customer, actual and consequential damages, unless otherwise provided herein, and out-of-pocket costs reasonably incurred in the defense of any claim, such as accountants', attorneys' and expert witness fees, costs of investigation and proof of facts, court costs, other litigation expenses, travel and living expenses. The foregoing is conditioned on (i) the indemnifying party receiving prompt notification of the Claim, (ii) the indemnifying party having the option of assuming sole control of the defense of such Claim, and (iii) the indemnified party providing reasonable assistance (at the indemnifying party's expense) in such defense. 12. Acceptable Use and Privacy Policies. Customer has read and understands SYIX.COM's Acceptable Use and Privacy policies as posted on SYIX.COM's web site (at www.syix.com), and Customer agrees that SYIX.COM may permanently cancel Customer's service if Customer violates either policy. 13. Force Majeure. Neither party shall be responsible for any failure to perform its obligations under this Agreement if such failure is caused by acts of God, war, strikes, revolutions, earthquakes, lack or failure of transportation facilities, law or governmental regulations or other causes that are beyond the reasonable cause of that party. 14. Reselling of Service. Customer is prohibited from reselling or wholesaling any services or products purchased from SYIX.COM without prior written permission. 15. Assignment. This Agreement is not assignable or transferable by Customer without prior written consent of SYIX.COM, which shall not be unreasonably withheld. 16. Independent Contractors. The parties agree that they are independent contractors and that this Agreement and relations between the Parties hereby established do not constitute a joint venture, agency or contract of employment between them, or any other similar relationship. Neither party has the right or authority to create an obligation or responsibility without the other. SYIX.COM may subcontract the performance of certain services to third parties. 17. Notice. Any notice or consent required or permitted under this Agreement shall be in writing, and effective on the date received by the other party. 18. Entire Agreement; Amendment in Writing; Severability. This Agreement, which includes the Appendices and other agreements and policies expressly referenced herein, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals, or undertakings, oral or written, with respect to the subject matter expressly set forth herein. Any amendment or supplement to this Agreement shall be in writing and duly executed by both parties. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the validity, legality, and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. 19. Choice of Law; Venue. This Agreement shall be construed in accordance with and governed by the internal laws of the State of California with giving effect to choice of law. Any legal action or other legal proceeding relating to this Agreement shall be brought or otherwise commenced in the state or federal court located in the County of Sutter, California. 20. Survival. The indemnity, limitation of liability, warranty disclaimer and accrued payment obligations shall survive the expiration or termination of this Agreement. 21. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one Agreement.   ©2002 SYIX.COM &  New Edge Network, Inc., All Rights Reserved.