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Customer Agreement Usage Policy

BY USING THE INTERNET ACCESS OFFERED BY YOUR ISP d.b.a. C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NET- WORK (heretofore referred to as C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK) OR OPENING THIS PACK- AGE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, DO NOT USE INTERNET ACCESS OFFERED BY C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK OR RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A REFUND. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED FOR USE ONLY (I) WITH THE INTERNET ACCESS SER- VICE INITIALLY OFFERED BY C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK IN CONJUNCTION WITH THE DISTRIBUTION OF THE SOFTWARE AND DOCUMENTATION AND (II) IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. NO RIGHT OR LICENSE IS GRANTED TO USE THE SOFTWARE OR DOCUMENTATION WITH ANY OTHER INTERNET ACCESS.

GRANT

C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK hereby grants non-exclusive, non-transferable, limited license to access the Internet through C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's network and non-exclusive license to use its accompanying software product and accompanying documentation on the following terms: You may: use the Software only with the Internet service initially offered by C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK in conjunction with the distribution of the Software and Documentation of C.R.S.T. TELEPHONE AUTHOR- ITY -LAKOTA NETWORK's Internet Services, with which it is bundled; use the Software on any single computer; use the Software on a second computer so long as the first and second computers are not used simultaneously; or copy the Software for archival purposes, provided any copy contains all the original Software's proprietary notices. You may not: use the Software or Documentation in conjunction with any Internet access or other network service, other than C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's Internet Service; permit individuals outside your household to use the Software except under the terms above; modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software or Documentation; copy the Software or Documentation (except for back-up purposes); rent, lease, transfer or otherwise transfer rights to the Software or Documentation; or remove any proprietary notices or labels on the Software or Documentation.

TITLE

Title, ownership rights and intellectual property rights in and to the Software and Documentation will remain with C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK and/or its suppliers. The copyright laws of the United States and international copyright treaties protect the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software or through C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's Internet Services are the property of the applicable content owner and may be protected by applicable copyright or other law. This license gives you no rights to such content. You retain any rights you may have in data posted by you to the Internet.

NO ASSIGNMENT

The benefits or rights conferred by this agreement are non-transferable and non-assignable. The connectivity provided is expressly limited to you. Resale or use of this connection by another person or persons is prohibited.

DEFINITION OF SERVICES

Single Dial-up Internet Services provide Internet access to one user on one computer for a single dial-up session. Single Dial-up Internet Services include Residential Basic Service, Educational Dial-up Service, Business Single Dial-up Service, and other single dial-up services that may be provided from time to time. Multiple User Internet Services provide Internet access to one or more users on one or more computers for single or multiple simultaneous sessions. Business Virtual Direct Service is a Multiple User Internet Service that provides Internet access through a single dial-up session. Business Direct Services are Multiple User Internet Services that provide Internet access through a direct connection. 1

CHARGES AND BILLING

Active phone service/account with C.R.S.T. Telephone Authority is required to open an account for Single Dial-up Internet Services (for Timber Lake applicants, an account will be established upon receipt of application). A completed Internet Services Application is required for all Internet Services and must be signed by the party responsible for phone service. You agree to pay C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK all charges relating to use of your account(s). Single Dial-up Internet Service charges will be according to rates and prices published at time of application and/or online at the time of use. Charges for Multiple User Internet Services will be as stated in the Internet Service Application or as otherwise agreed in writing by the parties. Charges for other services, such as promotional offerings and other services to be offered from time to time, will be according to prices published at the time. Charges at the date of invoice will include the next month's access fee, the next month's other recurring charges, and additional usage charges incurred during the prior month, if any. Your first bill will be prorated according to the days of service left in C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's billing period. Charges for all Business Services will be payable by you commencing no later than one business day after receipt of application by C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK. For Single Dial-up Internet Services, C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's billing for Internet services will be listed on your telephone bill and will set forth all charges incurred by you at the end of each C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK billing cycle. You may elect payment of your phone bill by bank draft, credit card, debit card, money order or cash. You are solely responsible for informing C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK of intent to terminate Internet Service and/or disconnection of phone service. You are also responsible for keeping C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK updated when your address or phone number changes. For a new access account, your account (phone number) will be charged on the day your account was setup and at the beginning of each month of service of that month. For payments made (to phone bill) by bank draft, credit card, debit card, money order or cash; payment on your account is due by the fifteenth calendar day of the month. C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK will charge $20.00 for all returned checks and for bank drafts declined by your bank, and your account will be subject to immediate suspension. C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK will immediately suspend your account for all bank draft, credit card and debit card transactions that are either denied or cannot be processed for any reason, and your account will be subject to a reconnect fee when reactivated. If payment is not received by the due date, your account is delinquent and will be subject to immediate cancellation. An account will not be suspended or cancelled if arrangement (payment agreement) has been made with the C.R.S.T. Billing Department and is on file. If you default, you are liable for any and all attorney fees, court costs and collection agency fees or commissions if C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK has to employ these methods in order to collect debts owed to C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK under this Agreement. Accounts cancelled due to non-payment will be reported to the C.R.S.T. Collections Department and/or proper courts. You agree to pay a fine of $500 for flagrant disregard of C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's Allowable Use Policy as contained in this Agreement. It is at C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's sole discretion what constitutes flagrant disregard of allowable use.

OTHER CHARGES

You are responsible for any local or long distance phone charges accrued in connecting to C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's Internet Service. C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK is not responsible for any phone charges unintentionally incurred by any subscriber for any reason. You also are responsible for providing all equipment, including computer hardware and software, used in connecting to C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK.

LIMITATION OF LIABILITY

C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK exercises no control whatsoever over the content of the information accessed through C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's Internet Services. C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's Internet Services are provided on an as is, as available basis, without warranty of any kind, expressed or implied, including, but not limited to, the warranties of performance, merchantability and fitness for a particular purpose. C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK and/or contributors will have no liability whatsoever to you for any claim(s) relating in any way to (i) your inability or failure to perform research or related work or to work properly or completely, or (ii) any lost profits or consequential, exemplary, incidental, indirect or special damages relating in whole or in part to your rights hereunder or use of, or inability to use, C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's Internet Services.

C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK will not be responsible for any damage suffered by you, including, but not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's Internet Services is at your sole risk. C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK specifically disclaims any responsibility for the accuracy or quality of information obtained through C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's Internet Services. Under no circumstances and under no legal theory, tort, contract or otherwise, will C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK or its suppliers or resellers be liable to you or any other person for any indirect, special, incidental or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages in excess of C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's list price for a license to the Software and Documentation, even if C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK will have been informed of the possibility of such damages, or for any claim by any other party. This limitation of liability will not apply to liability for death or personal injury to the extent applicable law prohibits such limitation. Furthermore, some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.

ALLOWABLE USE

C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK will publish its Customer Agreement, including the Allowable Use Policy, on its web site and as part of the application process. These policies may be revised from time to time. You agree to abide by C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's policies concerning use of C.R.S.T. TELEPHONE AUTHOR- ITY - LAKOTA NETWORK's Internet Services as published on line and in document form at the time of use/application for service. C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's Internet Services may only be used for lawful purposes. Transmission of any material in violation of any tribal, federal or state statute or regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by the trade secret. You agree to indemnify and hold harmless C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK from any claims resulting from your use of C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's Internet Services. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is not allowed. Sending a message, especially an advertisement, to more than five recipients, is considered by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Unsolicited advertisements via e-mail, or via discussion groups whose charter does not explicitly allow advertisements, are not allowable. Violations of C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's Customer Agreement and allowable use policies will result in account suspension or cancellation and fines as states in Charges and Billing.

ACCEPTABLE USE POLICY

The C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's Internet service Acceptable Use Policy is intended to help enhance the use of the Internet by preventing unacceptable use. All users of C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's Internet services must comply with this Policy. By using the C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK Internet service, you confirm your acceptance of, and agree to be bound by, this Policy. The C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK Internet service supports the free flow of information and ideas over the Internet and does not actively monitor use of Internet services under normal circumstances. We do not exercise editorial control over the content of any Web site, electronic mail transmission, newsgroup or any other material created or accessed through C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK Internet services. C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK Internet service does not endorse or stand behind the accuracy, truthfulness, or reliability of any information (including statements of opinion or advice) provided on or by means of C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK Internet service. C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK Internet service does not accept responsibility for the content of the materials or information published by others nor the violation of any laws resulting from such publication. C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK Internet service may, at its sole discretion, remove any materials that may be illegal or may subject C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK to liability or which may violate this Policy.

VIOLATIONS OF ACCEPTABLE USE POLICY

You are responsible for your communications via, and your use of, the C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK Internet service. The following constitute Violations of the C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK Internet service Acceptable Use Policy: Illegal Use: Use C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK Internet service to publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful material or information via C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK Internet service, or violate any applicable tribal, state, national or international law either intentionally or unintentionally. Harassment: Use C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK Internet service to threaten, harass, stalk, abuse or otherwise violate the legal rights (including rights of privacy and publicity) of others; Unauthorized Access: Intercept or attempt to intercept E-mail, attempt to access the accounts of others, or attempt to penetrate the security measures of C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK Internet service whether or not the intrusion resulted in corruption or loss of data. This includes, but is not limited to, intentionally seeking information on, obtaining copies of, or modifying files, email or other data, or passwords belonging to other users without permission. Forgery: Internet email sent, or caused to be sent, to or through C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's network that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing is prohibited. Similarly, email that is relayed through a third party's mail server without the permission of that third party, or which employs similar technologies to hide or obscure the source of the email is unauthorized. Copyright or Trademark Infringement: Upload, email or post files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, copyright, trademark, patent, trade secret or any other applicable law unless you own or control the rights thereto or have received all necessary consents. Fraudulent Activity: Use C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK Internet services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes", "ponzi schemes" or "chain letters" is expressly prohibited. Security and Resource Infringements: Use C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK Internet service in a manner that adversely affects the availability of its resources to other users including unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission. Including but not limited to port scanning, network attacks, and the transmission of viruses or virus hoaxes. Unsolicited / Bulk Email: Send E-mail to users for any purpose other than personal communication, including but not limited to, transmit unsolicited commercial or bulk email, advertise or offer to sell goods or services to other users.

REPORTING OF VIOLATIONS

C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK Internet service requests that anyone who believes that there is a violation of this Acceptable Use Policy direct the information to abuse@lakotanetwork.com. In order to pursue a violation report, the following information is necessary:

  • The IP Address used to commit the alleged violation
  • The date and time of the alleged violation in Eastern Time
  • Evidence of the alleged violation

Email with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the information above. ' C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK Internet service may take any of the following actions in response to a violation report:

  • Written warning
  • Suspension of offending user's account
  • Termination of offending user's account
  • Bring legal action against offending subscriber
  • Report the violation to governmental authorities

UNLIMITED USAGE

C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK offers unlimited usage to Single Dial-up Internet Services customers. "Unlimited usage" does not mean "unlimited access." Unlimited dial-up accounts have no hourly charges when the account holder is wholly and exclusively engaged in personal, interactive Internet use. Personal, interactive use is approximated by C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK at 320 hours. Accounts may not be used for automated, unsupervised use of the Internet or simultaneous connections by multiple people. Accounts may not be kept connected with a keep-alive of any sort, such as setting an e-mail program to check mail periodically unattended. C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK may disconnect dial-up connections after extended periods of inactivity or unauthorized use. If the subscriber is less than 18 years of age, the application must be signed and these terms agreed to by a parent or legal guardian, who is responsible for all charges related to the use of subscriber's account(s).

UNAUTHORIZED USE OF ACCOUNT

C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning, denial-of-service attacks (ping-flooding, sending packets with an illegal packet size, UDP flooding, half-open TCP connection flooding, etc.) and the like. Harassment or abusive use of e-mail and other Internet services are not allowed. C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK will handle incidents of harassment on a case-by-case basis, consulting with all parties involved. Any unauthorized use of accounts or computers by a C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK customer, whether or not the attacked account or computer belongs to C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and legal action, according to the seriousness of the attack.

LIMITATIONS ON RESOURCE USAGE

C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK reserves the right to impose limits on the total amount of disk space and other resources available for your use on C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK operated computers. E-mail accounts for dial-up account users are subject to a limit of 5MB. C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NET-WORK reserves the right to delete, without notice, personal e-mail files that have not been accessed for more than one month. Disk space for storage of web pages is available in amounts specific to each Internet service package. Use of excess space will be charged on a monthly basis according to rates and prices published at time of application and/or online at the time of use. C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK reserves the right to remove files that exceed allowed limits.

E-MAIL PRIVACY

Electronic mail passes through multiple mail servers on the Internet as it passes from source to destination. Privacy can never be guaranteed from every possible mail server; therefore, users seeking total privacy should use some encryption scheme to render messages unreadable by eavesdroppers. With regards to C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's mail servers, C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK places a high value on privacy and will only examine users' mail when absolutely required, for example when troubleshooting e-mail delivery problems or being presented with a search warrant for the information.

ILLEGAL MATERIAL

C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK bears certain legal liabilities for the use of its computer network and equipment. As such, C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK prohibits any and all use of C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's network for illegal purposes. When presented with a search warrant, C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK is obligated to release any information named therein, and will cooperate with authorities in any criminal investigation of inappropriate Internet usage. However, C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK recognizes that the legal status of the Internet has not yet been resolved satisfactorily, either through legislation or court precedent. Therefore, C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK must make certain decisions regarding the illegality of various specific actions. Among the actions C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK considers illegal and therefore will not allow on its network are: unauthorized distribution of copyrighted material; exploitation of minors; and unauthorized use of computer resources. C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK believes the First Amendment rights of free speech, freedom of press and freedom of association apply to the Internet to the same degree as they do to print media and that any attempt to infringe upon those rights is void of legitimacy.

WEB SERVICE

C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK provides personal web space to dial-up customers. C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK includes web service in its enhanced packages and hosts commercial web pages for a fee. In all cases, the web pages reside on C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's computer equipment, giving C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK some ethical responsibility for the content of such pages. C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK will handle potentially inappropriate web pages on a case-by-case basis. Examples of inappropriate information include downloadable virus code and obscene materials. Personal web space provided under any Residential Service may not be used for purposes that can be deemed as an attempt to sell a product or service. Only web space provided under non-Residential Services account may be used for commercial activity. Domain name service is available as an optional service. You are responsible for domain name registration with InterNIC and for any fees charged by InterNIC. C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK charges a $20.00 setup fee for adding your registered name on the C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK domain name server. C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK grants you non-exclusive, non-transferable, limited license to store documents on a C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK Internet World Wide Web server, and to use the server at burst bandwidth speeds up to C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's full capacity. C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK will bill for usage in accordance with rate and prices published online at the time of use.

TERM AND TERMINATION

This agreement will become effective on the date the service application is entered into C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's system (no later than the end of one business day after receipt of application). C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK, at its sole discretion, may terminate this agreement immediately or suspend your access to the service upon any breach of this Agreement by you. You are responsible for notifying C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK if you wish to terminate your account. Charges will continue to accrue until your notification to C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK of account termination, or until your account is cancelled due to non-payment as stated in "Charges and Billing." If your account is cancelled due to non-payment, you will be in default and subject to any and all late fees and collection fees payable by you under this Agreement. Licenses granted hereunder will terminate automatically if you fail to comply with the limitations described herein. Upon termination, you must destroy all copies of the Software and Documentation.

EXPORT CONTROLS

None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Yugoslavia, Iran, Syria or any country to which the United States has embargoed goods; or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, if the licensed Software is identified as a not-for-export product (for example, on the box, media or on the installation process), then the following applies: except for export to Canada for use in Canada by Canadian citizens, the Software and any underlying technology may not be exported outside the United States or to any foreign entity or "foreign person" as defined by U.S. Government regulations, including without limitation, anyone who is not a citizen, national or lawful permanent resident of the United States. By downloading or using the Software, you are agreeing to the foregoing and are warranting that you are not a "foreign person" or under the control of a foreign person.

EFFECT OF AGREEMENT

This Agreement (which will include the current and future Schedules hereto) represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them.

MODIFICATION OF TERMS AND CHARGES

C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK reserves the right to change rates or otherwise modify provisions of this Agreement by notifying you at least thirty (30) days before the effective date of the change, by written or online notice. Your use of C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's Internet Services after such notice will constitute your acceptance of the modifications to this Agreement.

FORCE MAJEURE

C.R.S.T. TELEPHONE AUTHORITY - LAKOTA NETWORK's performance hereunder is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor disputes, inability to obtain necessary supplies and the like.

SEVERABILITY

If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and all other provisions are unaffected.

NOTICES

Except as otherwise provided herein, all notices hereunder will be given in writing as follows: C.R.S.T. Telephone Authority - Lakota Network 100 Main Street PO Box 810 Eagle Butte, SD 57625

GOVERNING LAW

This Agreement will be governed by and construed under the laws of the Cheyenne River Sioux Tribe and any applicable federal and state law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly included. All disputes will be settled in Cheyenne Rivers Sioux Tribe Tribal courts.

WAIVER

Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision.

U.S. GOVERNMENT RESTRICTED RIGHTS

Use, duplication or disclosure of Software and Documentation by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, and in similar clauses in the NASA FAR Supplement. Contact Information Telephone (605) 964-8800/2600 Fax (605) 964-1000 Street Address 100 Main Street Postal Address PO Box 810 Eagle Butte, SD 57625 E-mail isp@lakotanetwork.com The customer/subscriber makes application for the above service and/or equipment, and for such additional service and/or equipment as may be ordered later, and agrees to pay established rates for all such services and equipment. The customer/subscriber agrees to the rules and regulations of C.R.S.T. Telephone Authority - Lakota Network as set forth in the exchange tariff and to any general changes in the rules, regulations, tariffs or rates for this service furnished under this agreement and applicable service application. By signing on to C.R.S.T. Telephone Authority - Lakota Network Internet services or signing below of this Agreement, this Agreement becomes a contract and customer/subscriber understands and will comply with the aforementioned. Signature Date