1. You understand that CLEARBAND cannot and does not guarantee or warrant that use of the Service for downloading files will be free of infection or viruses, worms, Trojan horses or any other code that may possess destructive properties.

2. While all reasonable attempts are made to ensure the accuracy of information provided by CLEARBAND, neither CLEARBAND nor its information contributors can be held responsible for the accuracy of the information regarding the Service, its promotion or its use. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided via the Service or on the Internet generally. You assume all risks associated with dealing with others with whom You come in contact through the Service. We expect that You will use caution and common sense when using the Service.

3. CLEARBAND does not warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected. The Service and any software made available on the Service are provided on an "as is, as available" basis. You assume total responsibility and risk for your use of the Service and the Internet. CLEARBAND does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Service, any merchandise, information or service provided through the Service or on the Internet generally, and CLEARBAND shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. In no event will CLEARBAND be liable for (1) any damages whatsoever including but not limited to any punitive, incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Service, or any information, or transactions provided on the Service or downloaded or hyperlinked from the Service, even if CLEARBAND or its authorized representatives have been advised of the possibility of such damages, or (2) any claim attributable to errors, omissions, or other inaccuracies of the Service and/or materials or information downloaded through, or hyperlinked to the Service.

Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You. In such states, CLEARBANDS' liability is limited to the greatest extent permitted by law.

4. All material contained in this Service is protected by law, including but not limited to, United States copyright and trademark law, as well as other state, national and international laws and regulations. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "Marks") of CLEARBAND are and shall remain the exclusive property of CLEARBAND and nothing in this Agreement shall grant You the right to right or license to use such Marks You may print and download portions of material from different areas of the Service solely for your own non-commercial and law abiding use. CLEARBAND may terminate the account and access rights of any repeat infringer of intellectual property rights. If You are a copyright owner or the legal agent of a copyright owner, and You believe that any User submission or content on the Service infringes upon your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act section below.

5. You acknowledge that CLEARBAND owns and shall retain title to all customer premises equipment installed including but not limited to: wireless modem, wireless -router, antenna, cables, desktop Ethernet card, USB wireless adapter, indoor power adapter, UPS, ATA, WiMax radio, receiver dish, set top box and any other installed equipment, including Equipment described in Section III, below.

6. Your participation in online communications occurs in real time and is not edited or controlled by CLEARBAND except as may be provided for herein.

Notwithstanding the foregoing, CLEARBAND may, but is not required to: (a) monitor or review content on the Service for violations of the Operating Policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates the Operating Policies; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any content that are harmful, offensive, excessive in size or burdensome, or otherwise may violate the law, or any Operating Policy; and/or (d) manage the Service in a manner designed to protect the rights and property of CLEARBAND and others or to facilitate the proper functioning of the Service.

7. In order to maintain a valuable Service it is necessary to establish the following acceptable use guidelines to protect against abuse:
     a. You may not violate or attempt to violate the security of the Service offered in any manner.
     b. You may not use the facilities and capabilities of the Service to conduct any unlawful or fraudulent activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
     c. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images, or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
     d. You may not post or transmit any message, data, image or program that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic acts.
     e. You shall be deemed to have sole and full responsibility for any access to or use of the CLEARBAND Service through your User password and/or access number.
     f. You may not intentionally or unintentionally interfere with other Users’ use of the CLEARBAND Service.

Violations of these Operating Policies may be reported to: customerservice@clearband.com You agree to comply with all requirements of the Operating Policies and federal and state law regarding the use of the CLEARBAND Service.

8. CLEARBAND, its shareholders, members, officers, directors, employees, agents, attorneys or affiliates, are not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary right protected material.

9. CLEARBAND, pursuant to the Digital Millennium Copyright Act, designates Darren Nichols to receive complaints and notices of suspected copyright infringement. If You believe that your work has been copied and is accessible on any part of the Service in a way that constitutes infringement, You may notify CLEARBAND by providing the following information:
     a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
     b. A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
     c. Identification of the URL or other specific location on the Service where the material that You claim is infringing is located;
     d. Your address, telephone number and e-mail address;
     e. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
     f. A statement by You, made under penalty of perjury, that the above information in your notice is accurate and that You are the copyright owner or are authorized to act on the copyright owner’s behalf Darren Nichols can be reached via e-mail at darren.nichols@clearband.com and by regular mail at 2201 West Sample Road, Building 6 Suite 1A, Pompano Beach, FL 33073.

WITHOUT LIMITING ANY OTHER PROVISION OF THE OPERATING POLICIES, CLEARBAND RESERVES THE RIGHT TO, IN CLEARBAND’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THE SERVICE TO, ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THE OPERATING POLICIES, OR OF ANY APPLICABLE LAW OR REGULATION. IN THE EVENT SUCH BREACH, CLEARBAND WILL BE UNDER NO OBLIGATION TO REFUND ANY FEES PAID BY USER.