Effective as of January 1, 2007 until replaced.

THIS DOCUMENT DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH YUKON COMMUNICATIONS WILL PROVIDE ITS SERVICE TO YOU. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE NOTIFY US IMMEDIATELY AND WE WILL CANCEL YOUR SERVICE. IF YOU ARE A NEW YUKON COMMUNICATIONS CUSTOMER, YOUR ACTIVATION OF A YUKON COMMUNICATIONS ACCOUNT AND RECEIPT OF YUKON COMMUNICATIONS SERVICES SHALL CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT AND ITS TERMS AND CONDITIONS WILL BE LEGALLY BINDING UPON YOU.

IF YOU ARE AN EXISTING YUKON COMMUNICATIONS CUSTOMER, YOUR CONTINUED RECEIPT OF YUKON COMMUNICATIONS SERVICES FOLLOWING RECEIPT OR PUBLICATION BY YUKON COMMUNICATIONS ON ITS WEB SITE OF THIS AGREEMENT SHALL CONSTITUTE YOUR ACCEPTANCE OF ITS TERMS AND CONDITIONS, AND, ACCORDINGLY, THEY WILL BE LEGALLY BINDING ON YOU.

Thank you for choosing Yukon Communications as your Communications Service Provider. Yukon Communications is happy to answer any questions you may have and to provide you with technical and other customer support through the following telephone number and web address:

(719) 687-2546
http://support.yukoncommunications.net/

or you may write to:

Yukon Communications, LLC
P.O. Box 297
Woodland Park, CO 80866-0297

and, for general knowledge, try our website at www.yukoncommunications.net.

"Yukon Communications” is a tradename of Yukon Communications, LLC, a Colorado company

This Agreement (the "Agreement") covers all services provided by Yukon Communications.

1. THE YUKON COMMUNICATIONS SERVICE

A. Services Defined. Yukon Communications offers a wide variety of communications and other services and we are constantly striving to add new services. For purposes of this Agreement the term "Services” shall mean the communications services (including, but not limited to, Internet Services and Telephone Services) available from Yukon Communications (whether subscription based or pay-per-access based) and any other services that we may provide to consumers either now or in the future. For purposes of this Agreement the terms "You” or "Your” refer to you, the Yukon Communications subscriber.

B. Service Changes. Except as otherwise set forth in this Agreement, you may change your service package selection at any time by notifying us. A fee may apply to downgrade changes (Downgrade of Service Fee). In addition, you may be charged a fee (Service Access Fee) if you fail to subscribe to one of Yukon Communications' basic service packages.

C. Service Availability. Certain Services provided by us depend on a clear line-of-sight to a microwave tower transmitter site. If we are unable to achieve a reliable signal to one of our microwave sites we shall have no obligation to provide service of any kind.

D. Residential Use. For service packages designated as "Residential" Yukon Communications provides Services to you for your private home use and enjoyment. You agree that the Services provided will not be utilized outside of your private residence. The Services may not be resold or shared with anyone other than those within your private residence. If we later determine that you utilized your Yukon Communications service or sold, leased or otherwise gave possession of the same to a third party who you knew or reasonably should have known intended to use it to permit the utilization of the Services in a commercial establishment or any other area open to the public, we may terminate the Services and in addition to all other applicable fees, you agree to pay us the difference between the price actually paid for the Services and the full commercial rate for such Services. The payment of that amount and/or the termination of Services shall not prejudice our ability to exercise any other rights and remedies we may have under this Agreement, at law, in equity, or otherwise.

E. Business Use. For service packages designated as "Business" Yukon Communications provides Services to you for your in-office use and enjoyment. You agree that the Services provided will not be utilized outside of your office suite. The Services may not be resold or shared with anyone other than those within your office. If we later determine that you utilized your Yukon Communications service or sold, leased or otherwise gave permission of the same to a third party who you knew or reasonably should have known intended to use it to permit the utilization of the Services to an area outside that of your office suite or in any other area open to the public, we may terminate the Services and in addition to all other applicable fees, you agree to pay us the difference between the price actually paid for the Services and the full reseller rate for such Services. The payment of that amount and/or the termination of Services shall not prejudice our ability to exercise any other rights and remedies we may have under this Agreement, at law, in equity, or otherwise.

F. Changes in Services Offered. Yukon Communications reserves the right to change the Services that we offer, and our prices or fees related to such Services at any time. If the change affects you, we will provide you notice of the change and its effective date. The notice may be provided on your billing statement or by other communication permitted under Section 9B. In the event of a change in the contents of any Services, you understand and agree that we have no obligation to replace or supplement the Services previously offered that have been deleted, rearranged or otherwise changed. You further understand and agree you will not be entitled to any refund because of a change in the contents of any Services previously offered.

G. Multi-Month Subscriptions. For multi-month subscriptions, you may downgrade the Services by paying a one-time Downgrade of Service Fee..

H. Acceptable Use Policy. You agree to abide by and accept the terms of our Acceptable Use Policy, as posted on our website at www.yukoncommunications.net and incorporated herein by reference.

I. IP Addresses: Yukon Communications will provide you with a dynamic, non-public Internet Protocol ("IP") address(es) as a component of the Service and these IP addess(es) can and do change over time. You will not alter, modify or tamper with these dynamic IP address(es) or those of any other customer. You also agree not to use any software on or in conjunction with any computer(s) or network device connected to the Service that provides for static IP address(es). If applicable, Yukon Communications will release and/or recover the dynamic IP address(es) upon disconnection, discontinuance, or termination of the Service or this Agreement.

2. BILLING POLICIES AND PAYMENTS FOR SERVICES

A. You agree to pay all amounts billed for Services and to pay all taxes, fees and other charges, if any, which are now or may in the future be assessed on the Services you receive from us. Unless you prepay for a multi-month subscription to Services, we will bill you each month, in advance, for Services ordered by you or anyone who uses your Yukon Communications subscription, whether with or without your permission, until you cancel the Services. The bills you receive will show the total amount due, the payment due date, payments, credits, purchases and other charges to your account.

B. You agree to pay us in full monthly by the payment due date for the Services and for any other charges due us, including any fees set forth in this Section 2. Payment of your bill after the due date will result in you paying us a Late Payment Fee. Other fees and charges may also be assessed. If partial payments are made, they will be applied first to the oldest outstanding bill. If you send checks or money orders marked "payment in full,” we can accept them without losing any of our rights to collect any other amounts owed by you, notwithstanding your characterization of the payment. Yukon Communications does not extend credit to our customers, and the Late Payment Fee is not interest, a credit service charge or a finance charge. You understand and agree that in the case of late payment or nonpayment for any Services ordered by you or for any of the charges stated below, we may report such late payment or nonpayment to credit reporting agencies. If you do not pay your bill by the due date, we have the right to disconnect your Services at any time thereafter, in our sole discretion. Yukon Communications may require you to pay all past due charges, a Reconnect Fee, a deposit equal to a minimum of one month's advance charges and all outstanding balances accrued through the date of deactivation, before we reconnect your Services. Deposits will not be held segregated from other funds and shall not earn or accrue interest.

C. If you at any time fail, neglect, or refuse to make timely payments hereunder, or if a petition in bankruptcy shall be filed on your behalf or against you, or if you take advantage of any insolvency law or become insolvent or make an assignment for the benefit of creditors, or if a receiver, liquidator, or trustee is appointed for your property or affairs, we shall be wholly relieved from our obligations hereunder.

D. If you paid for an annual or other multi-month subscription to any Services and your account is past due for any amounts owed to us, at our option we may suspend any or all Service until payment is received, and/or convert your annual or other multi-month subscription to a monthly subscription. If we convert your multi-month subscription to a monthly subscription, we will first apply the amount you paid for your multi-month subscription to any past due amounts and then any remaining amounts to future obligations. If we elect to offset the amount paid for the remaining portion of a multi-month subscription against amounts past due, you agree to pay, in addition to all other applicable fees, the Offset Fee set forth below for each month and partial month that the multi-month subscription was previously received.

E. If we use a collection agency or attorney to collect money you owe us or to assert any other right which we may have against you, you agree to pay the reasonable costs of collection or other action. These costs might include, but are not limited to, the costs of a collection agency, reasonable attorney's fees and court costs. If there are billing errors or other requests for credit, you can contact our Customer Service Center by telephone or in writing. You must contact us within thirty (30) days of the time you receive the billing statement for which you are seeking corrections. Failure to timely notify us of a dispute shall constitute acceptance of the bill. Undisputed portions of the billing statement must be paid before the next billing statement is issued to avoid an administrative fee for late payment. All payments for Services must be made directly by you to us. Yukon Communications shall have no obligation to provide Services for which payment is made by you to a third party.

F. In addition to the amounts due for Services, you agree to pay the fees referenced below ("Fees”) when applicable. Yukon Communications reserves the right to increase these Fees or add additional Fees in the future, in our sole discretion.
Late Payment Fee $5.00
Downgrade of Service Fee $25.00
Service Access Fee (monthly) $5.00
Duplicate Billing Statement Fee $3.00
Overnight Delivery Fee $23.00
Reconnect Fee $25.00
Returned Payment Fee $35.00
Offset Fee $2.00
Ledger Request Fee $6.00
Relocation of Service $100.00
Paper Invoice Fee (monthly) $3.00

3. CANCELLATION OF SERVICE

A. Your Service will continue until cancelled as provided for herein. Your subscription will be automatically renewed unless you contact us to cancel as provided for in the next paragraph.

B. You have the right to cancel your Service for any reason at any time by notifying us in writing at the address set forth above. Please be aware that certain services have a minimum subscription commitment and if you cancel your service prior to the expiration of that commitment, certain early termination fees may apply.

C. Yukon Communications has the right to terminate your Services at any time without providing notice to you if: (i) you fail to pay your bill when it is due; (ii) we receive confirmation that you have received the Services, or any part of the Services without paying for them; (iii) you otherwise violate the terms of this Agreement; or (iv) for any other reason upon email notice to you.

D. If your Service is cancelled for any reason, you are still responsible for payment of all outstanding balances accrued, including any applicable fees.

E. You understand that charges for Services, once charged to your account, are nonrefundable. For monthly subscriptions, the cancellation will be effective at the end of the period covered by the last monthly bill. No refunds or credits will be provided in connection with the cancellation of monthly subscriptions. For annual or other multi-month subscriptions, the cancellation will be effective as of the date the multi-month subscription expires. Because you are receiving a discounted price in exchange for your agreement to pay for your services on an annual or other multi-month basis, in the event you cancel the Services prior to expiration of your multi-month subscription, you understand and agree that you are not entitled to any refund or credit for the unused portions of the multi-month subscription and that we have the right to retain any prepaid monies as liquidated damages.

4. EQUIPMENT

A. In order to receive the Services it will be necessary for you to utilize certain equipment owned and maintained by Yukon Communications ("Equipment”).

B. Equipment is defined as, and strictly limited to the following; outdoor microwave radio transceiver and associated antennae, broadband router and/or analog terminal adapter (or any combination of the two) and all power supply/lightning protection devices associated with these systems. Any and all other equipment associated with or installed in conjunction with the Services, or specifically billed and invoiced for, shall not be covered under this Agreement and no warranty, either expressed or implied, shall be provided by Yukon Communications.

C. Yukon Communications reserves the right to alter software in the Equipment through periodic downloads. Yukon Communications will use commercially reasonable efforts to schedule these downloads in a manner that result in the least amount of interference with or interruption to your Service.

D. The Equipment may contain certain components and software which are proprietary to Yukon Communications. You agree that you will not try to reverse-engineer, decompile or disassemble any software or hardware contained within the Equipment. Such actions are strictly prohibited and may result in the termination of your Services and/or legal action.

E. If the Equipment is stolen or otherwise removed from your premises without your authorization, you must notify our Customer Service Center immediately, but in any event not more than three (3) business days after such removal to avoid liability for payment for unauthorized use of the Equipment. You will not be liable for unauthorized use after we have received your timely notification.

5. YUKON COMMUNICATIONS OWNED EQUIPMENT

A. Such Equipment shall at all times remain the sole and exclusive property of Yukon Communications and we will have the right, at our discretion, to replace it with new or reconditioned equipment and to remove the equipment upon termination of Services. None of the equipment shall be deemed fixtures or part of your realty. Our ownership of the equipment may be displayed by notice contained on the equipment. You shall have no right to pledge, sell, mortgage, give away or remove, relocate, alter or tamper with the equipment (or any notice of our ownership thereon) at any time. Any reinstallation, return of or change in location or alignment of the equipment shall be performed by us at the service rates in effect at the time of service. You shall not attach any electrical or other devices to or otherwise alter the equipment without our prior written consent. Yukon Communications shall have the right to make such filings as are necessary to evidence our ownership rights in the equipment, and you agree to execute any and all documents as are necessary for us to make such filings. Upon termination of Services, you must notify our Customer Service Center to schedule return of the Equipment.

B. You shall notify us promptly of any defect in, damage to, or accident involving the equipment. All maintenance and repair of the equipment shall be performed by us or our designees. Yukon Communications may charge you for any repairs that are necessitated by any damage to, or misuse of, the Equipment.

6. TRANSFER OF ACCOUNT, SERVICES OR EQUIPMENT

Yukon Communications may sell, assign or transfer your account to a third party without notice to you. You may not assign or transfer your Services without our written consent which will not be unreasonably withheld. We may, however, refuse to allow you to assign or transfer your Services if your account has an outstanding balance.

7. LIMITATION OF OUR LIABILITY

A. WE WILL NOT BE LIABLE FOR ANY INTERRUPTIONS IN SERVICE OR LIABLE FOR ANY DELAY OR FAILURE TO PERFORM, IF SUCH DELAY OR NONPERFORMANCE ARISES IN CONNECTION WITH THE TERMINATION OF ALL OR A PORTION OF THE SERVICES, THE RELOCATION OF ALL OR A PORTION OF THE SERVICES TO DIFFERENT TRANSMITTER(S), A CHANGE IN THE FEATURES AVAILABLE WITH YOUR EQUIPMENT OR ANY ACTS OF GOD (INCLUDING LIGHTNING), FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE, UPLINK FAILURE, THEFT OR VANDALISM, ACTS OF ANY GOVERNMENTAL BODY OR ANY OTHER CAUSE BEYOND OUR CONTROL.

B. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY BY APPLICABLE STATE LAW, WE DO NOT MAKE ANY WARRANTY, EITHER EXPRESSED OR IMPLIED, REGARDING OUR YUKON COMMUNICATIONS EQUIPMENT OR ANY OTHER EQUIPMENT OR ANY SERVICES FURNISHED TO YOU. ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED AND EXCLUDED.

C. IN NO EVENT SHALL WE HAVE ANY LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO YUKON COMMUNICATIONS EQUIPMENT OR ANY OTHER EQUIPMENT OR RESULTING FROM OUR FURNISHING OR FAILURE TO FURNISH ANY SERVICES OR EQUIPMENT TO YOU, OR FROM ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN SERVICES OR EQUIPMENT FURNISHED TO YOU.

D. IT IS YOUR RESPONSIBILITY TO IMPOSE VIEWING RESTRICTIONS ON YOURSELF, MEMBERS OF YOUR FAMILY AND HOUSEHOLD, AND GUESTS, AS YOU DEEM APPROPRIATE. WE SHALL HAVE NO LIABILITY TO ANYONE DUE TO, OR BASED UPON, THE CONTENT OF ANY OF THE SERVICES FURNISHED TO YOU.

8. WARNING AGAINST PIRACY

You will not connect the Service or any Yukon Communications Equipment to more computers, either on or outside of the Premises, than are reflected in your account with us. You acknowledge that any unauthorized receipt of the Service constitutes theft of service, which is a violation of federal law and can result in both civil and criminal penalties. In addition, if the violations are willful and for commercial advantage or private financial gain, the penalties may be increased. It is a violation of several U.S. federal and state laws to receive any Services, or any portion of such Services, without paying for them. The penalties for violating such laws can range from imprisonment to civil damage awards of up to $110,000 per violation.

9. MISCELLANEOUS

A. Physical Address/Change of Address. When setting up your Yukon Communications account, you agree to provide us with the physical street address where your Equipment will be located and your Services will be provided. A post office box does not constitute a physical address and is not sufficient to meet this requirement. You agree to give us prompt notice of your change of name, mailing address, physical address where your Equipment is located, and telephone number. You may do this by notifying our Customer Service Center by telephone or in writing at the phone number or mailing or e-mail address set forth in the first paragraph of this Agreement.

B. Notice. Any notice required or permitted to be given by us under this Agreement may be provided via the mail, on your billing statement, as a bill insert, through publication on the website set forth in the first paragraph of this Agreement, by telephone, by e-mail or by any other reasonable means. If we send you notice by mail, on your billing statement or as a bill insert, it will be considered given when deposited in the U.S. Mail, addressed to you at your then-current billing address in our records. If we send you notice through publication on the website set forth in the first paragraph of this Agreement, it will be considered given when first published. If we send you notice by telephone, it will be considered given when personally delivered to you or when left as a message at your then-current phone number in our records. If we send you notice via e-mail it will be considered given when transmitted to our server, addresses to you at your then-current e-mail address in our records. Unless otherwise specified in this Agreement, any notice required or permitted to be given by you under this Agreement shall be in writing and shall be sent by first class mail addressed to us at the mailing address set forth in the first paragraph of this Agreement, and shall be deemed given when received by us at such mailing address.

C. Credit Checks. You authorize Yukon Communications to investigate your financial responsibility and creditworthiness, including without limitation acquiring credit reports and histories, and to report any payment defaults to credit reporting agencies. Under the Fair Credit Reporting Act, you have the right to notify Yukon Communications if you believe we have reported inaccurate information about your account to any consumer reporting agency. Please include the specific item of dispute and why you believe the information reported is in error in any such notice.

D. Applicable Law. This Agreement, including without limitation all matters relating to its validity, construction, performance and enforcement, and any claim, complaint or dispute arising out of or related to this Agreement or Services, shall be governed by the laws and regulations of the State of Colorado without giving effect to its conflict of law provisions. These terms and conditions are subject to amendment, modification or termination if required by such laws or regulations. If any provision in this Agreement is declared to be illegal or in conflict with any law or regulation, that provision shall be modified to the minimum extent necessary to make such provision legal and no longer in conflict with such law or regulation, without affecting the validity of any other provisions.

E. Remedies Cumulative. It is agreed that the rights and remedies provided under the terms and conditions of this Agreement to Yukon Communications in case of default or breach by you of this Agreement are cumulative and without prejudice to any other rights and remedies that Yukon Communications may have by reason of such default or breach by you at law, in equity, under contract or otherwise (all of which are expressly reserved).

F. Other. No salesperson, installer, customer service representative, authorized retailer, or other similarly situated individual is authorized to change the terms and conditions of this Agreement. Yukon Communications may, however, change the terms and conditions of this Agreement at any time and from time to time in its sole discretion and will notify you if that occurs. The terms and conditions of this Agreement that either are expressly stated to survive or by their nature would logically be expected to survive its expiration or termination shall continue thereafter until fully performed. This Agreement is in addition to any other written agreement(s), if any, between you and Yukon Communications, including without limitation any installation agreement or customer agreement(s), if any, applicable to the promotion(s) pursuant to which you are receiving Services and/or Equipment, and except as provided to the contrary herein all such written agreements shall remain in full force and effect. Except as expressly set forth in this Agreement to the contrary, any and all prior Yukon Communications Subscriber Agreements are hereby replaced and superseded in their entirety by this Agreement, and such prior Yukon Communications Subscriber Agreements shall be of no further force or effect whatsoever. In the event of any conflict or inconsistency between the terms and conditions of this Agreement and any customer agreement(s) applicable to the promotion(s) pursuant to which you are receiving Services and/or Equipment, the terms and conditions of such customer agreement(s) shall be controlling. In the event of any ambiguity between the terms and conditions of this Agreement and any customer agreement(s) applicable to the promotion(s) pursuant to which you are receiving Services and/or Equipment, Yukon Communications shall have the sole and exclusive authority to interpret and/or make a final determination in its sole discretion concerning any issue arising from such ambiguity.