I. General Terms and Definitions
Any individual or entity receiving any product or service from DSL Express shall hereafter be referred to as "Client". By accepting products and/or services provided by DSL Express, Client agrees to observe and abide by all of the provisions, terms, and requirements specified in this agreement. Client's use of the services constitutes acceptance of this agreement. The term "DSL Express" includes all agents, employees, officers, directors, subcontractors, and assignees of DSL Express, a subsidiary of Biopass Medical Systems, Inc.

II. Billing
The Client shall be liable to DSL Express for any applicable Line Charges, Additional Service Charges and other One-time Fees. Line Charges and Additional Service Charges will be billed one month in advance and are due to be paid by the first day of the month of service. Where applicable, the service charges for the initial partial month of service will be prorated and billed on the first recurring monthly bill. For each month thereafter, a full monthly service amount will be charged for any part of a month in which service is provided. The monthly service charges and fees are nonrefundable. All One-time Fees (if any) will be billed along with the monthly charges and are due to be paid when the next monthly bill is due to be paid. PAST DUE ACCOUNTS WILL BE CHARGED A LATE FEE OF 1.5% PER MONTH ON ANY UNPAID PAST DUE BALANCE. Delinquent accounts are subject to immediate termination or suspension of services at the sole discretion of DSL Express. Monthly billings will include any applicable local, state and federal taxes and charges.

III. Disclaimer of Liability
Except as provided in paragraph VIII, Client acknowledges that all products and services are provided on an “As Is” basis and that DSL Express makes no warranty of any kind, expressed or implied, including, but not limited to, any warranty regarding the reliability or suitability of any product or service for a particular purpose. DSL Express disclaims any warranty of merchantability or fitness for a particular purpose. No oral advice or written information provided by DSL Express shall create or expand any representation or warranty nor shall Client be entitled to rely on any such information or advice. Client acknowledges and understands that DSL Express exercises no control over the nature, content, or reliability of the information delivered to Client from the Internet or vice versa. Under no circumstances shall DSL Express be held responsible for damages or loss suffered by Client, including but not limited to special, incidental, consequential, or punitive damages, as a result of Client's direct or indirect use of the DSL line or DSL Express products or services including, but not limited to, errors, delays, loss of information, or interruptions in service caused by Client's or DSL Express' or a third party's acts or failure to act. Client acknowledges that the Internet and mail access service may be temporarily unavailable for scheduled or unscheduled maintenance, and for other reasons within and without the control of DSL Express. Under no circumstances do any such errors, delays, loss of information, or interruptions in service nullify or modify this agreement or any other agreement or contract entered into by DSL Express and Client.

IV. Client Responsibility
Client is responsible for protecting all account passwords and for any authorized or unauthorized use made of Client's account. Client agrees to comply with the rules appropriate to any network to which Client may gain access via the products and services of DSL Express. Client acknowledges that any proprietary, confidential, or otherwise valuable information that Client desires to keep confidential should not be transmitted over any part of the Internet, nor reside on computers connected to the Internet or a DSL Line. Client will not transmit or make available to the Internet any material that is illegal, libelous, tortuous, or likely to result in action against DSL Express or its clients. Client agrees that under no circumstances will the Client use DSL Express' products or services, including, but not limited to electronic mail, in connection with the sending of unsolicited electronic mail messages, commercial or otherwise, including, but not limited to, the sending of unsolicited mass mailings from another service which in any way implicates the use of DSL Express' products or services, or any DSL Express electronic mail address. Client assumes the risk of all damages and injury associated with the use of a DSL Line and DSL Express' services and products. Client agrees not to use the DSL Line or any products or services purchased from DSL Express in a manner prohibited by any federal, state, county, or local law.  Our Acceptable Use Policy is available at http://www.dslx.net/aup.html.

V. Service Plans and Term Commitment
Cancellation by client prior to line installation is subject to a Disconnect/Cancellation Fee as outlined in paragraph X. This agreement is for a term of one (1) year commencing on the delivery date of the DSL service. The agreement becomes a month-to-month agreement after one (1) year with no Disconnect/Cancellation Fees. The Client shall have the option to unilaterally terminate this agreement during the first-year term by giving DSL Express advance 30-day written notice of its intention to terminate on the condition that the DSL Line is actually disconnected on or before the termination date and, within 30 days of the termination, the Client fully pays the balance due on the Client's account as of the date of termination, plus the Disconnect/Cancellation Fee and 50% of the monthly Line Charges remaining for the first-year term. Any equipment that was provided free of charge, must be returned to DSL Express within 30 days of the termination. DSL Express shall have the option to terminate this agreement at any time for any reason whatsoever, provided that DSL Express gives the Client at least 30 days advance written notice of its intention to terminate and, in that event, the Client shall not be liable for any Line Charges that otherwise become due after the termination. If the Client fails to pay any charges or fees within 30 days of the due date, all services will be terminated, the Client shall be deemed to have breached this agreement, and all remaining DSL Line Charges for the first-year term shall become due and payable, along with a Disconnect/Cancellation Fee. To restore service, a $150 Reactivation Fee will be charged and that fee, along with the balance due on the account, must be fully paid, except the due dates for all DSL Line Charges shall be reinstated. After the first-year term, DSL Express may modify this agreement at any time by providing the Client with at least 30 days advance written notice of the modification. The Client's continued use of the products or services constitutes acceptance of this agreement as modified.

VI. Service Level Agreement
In the event Client experiences a service outage on a DSL line for more than two (2) consecutive hours and Client notifies DSL Express immediately of such event and DSL Express determines that such inability was caused by DSL Express' failure to provide said services for reasons within DSL Express' reasonable control and not as a result of any actions or inaction's of Client or any third parties (including failure of third party products), and such inability is not a result of standard scheduled maintenance of DSL Express' products or services, DSL Express will, upon Client's request, credit Client's account the prorated amount of the DSL Line Charge; the credit will be calculated by dividing the number of hours that there was an outage during the month by 720 hours, and then multiplying that number by the amount of the DSL Line Charge. Notwithstanding anything to the contrary, the credit shall not exceed that month's DSL Line Charge.

VII. Transmission Speed Warranty
Client understands that the actual DSL transmission speed is dependent on several factors including the length and gauge of the line serving the Client. Actual transmission speed will be determined at line installation. No transmission speed warranties are available on ADSL circuits. Transmission speed of ADSL lines may vary depending on system load.

VIII. Equipment and Inside Wiring Warranty
The DSL Router/Bridge/Modem is owned by DSL Express and warranted for the duration of service and will be repaired or replaced at no charge to the customer. All DSL Express installed or repaired premise wiring is warranted to be free from defects for a period of (30) calendar days from the date of work completion. Equipment including all Power Supplies, Cables and Filters must be returned within 15 days of service termination. Equipment not returned will be subject to a Fee as outlined in paragraph X

X. Other One-time Fees (if applicable):

XI. Dispute Resolution; Choice of Law; Venue; Jury Trial
The parties shall attempt to resolve any disputes between them without resort to litigation in court. Client's remedies are limited as set forth herein. This agreement shall be construed in accordance with and governed by the internal laws of the State of Florida without given effect to choice of law. Any legal action or other legal proceeding relating to this agreement or the enforcement of any provision of this agreement shall be brought or otherwise commenced in a state or federal court located in the County of Broward, Florida. Each of the parties hereto irrevocably waives the right to a jury trial in connection with any legal proceeding relating to this agreement or the enforcement of any provision of this agreement.

XII. Attorney Fees
In any litigation or other proceeding by which one party seeks to enforce its rights under this agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations to the agreement, the prevailing party shall be awarded reasonable attorneys fees, together with any costs and expenses, to resolve this dispute and to enforce the final judgment.

XIII. Force Majeure
DSL Express shall not be responsible for any failure to perform any obligation or provide service hereunder because of any act of God, strikes, work stoppage, equipment or facilities shortages, governmental acts or directives, war, riot or civil commotion, or any other force beyond DSL Express' reasonable control.

XIV. Assignment
Client shall not assign or transfer its rights or obligations under this agreement without the prior written consent of DSL Express, and any attempted assignment without such consent shall be null and void.

XV. Enforceability
If any provision of this agreement is held to be invalid or unenforceable pursuant to judicial decree or decision, the remainder of this agreement shall remain valid and enforceable according to its terms.

XVI. Domain Name Registration
You must read and agree to the Domain Name Registration Agreement for DSL Express to register or modify an existing Domain Name Registration.