Equipment Rental Agreement

By installing the equipment ("Equipment"), you affirm that (a) you understand this Equipment Purchase Agreement ("Agreement") between you and Front Range Internet, Inc. ("FRII") and (b) you accept this Agreement and its terms and conditions, even if you choose not to read it. If you do not agree to all of the terms and conditions of this Agreement, you must return the equipment to FRII by following the return process described in the Return/Replacement Policy and Procedure Document.

1. You will be billed monthly the rental rate quoted to you at the time of purchase plus shipping and handling fees and applicable taxes. The billed rate will continue unless you call promptly and inform us that the billed monthly rate is not the one quoted to you. Rental payments are due for every month you rent the Equipment and rental payments do not count towards a purchase of the Equipment. If you wish to purchase the Equipment you must terminate this Agreement and enter into a separate Equipment Purchase Agreement under which you will be required to pay the full purchase price of the Equipment, regardless of your past rental payments.

2. The Equipment is FRII's property. You may not assign, rent, or transfer the Equipment or your rights or duties under this Agreement to another without FRII's prior written consent. You agree not to mishandle, abuse, misuse, or improperly store or operate the Equipment, including using the Equipment with equipment electrically or mechanically incompatible with, or of inferior quality, and if the Equipment is damaged by your and/or non-operational or malfunctioning for reasons other than a manufacturing defect at anytime during the term of this Agreement or upon termination of this Agreement, FRII may charge you for its current full retail cost.

3. Subject to any applicable rules or laws, FRII may (a) stop offering to rent the Equipment, (b) change any of the terms and conditions of this Agreement, and/or (c) increase the rental for the Equipment. When significant changes in the terms and conditions of this Agreement or increases to the rental occur, FRII will notify you 30 days prior to the effective date of the change or increase, and if applicable, a new Agreement will be provided to you. The notice may be included with your monthly bill and your failure to return the Equipment within 30 days or payment of the rental after such notice means you agree to it. Price decreases may be made with less than 30 days notice. You may terminate this Agreement at any time by call FRII at 1-800-935-6527. Upon termination , you must promptly return the Equipment to FRII by following the return process provided on the Return/Replacement Policy and Procedure Document. Upon termination, FRII will continue to charge you the monthly rental charge for the Equipment until it is received by FRII. To avoid additional monthly rental charges, please follow the outlined procedures closely. If your FRII service is terminated, or is subject to termination, for any reason, such as but not limited to your cancellation of that service or failure to pay, this Agreement will be deemed terminated, except for your obligation to continue to pay monthly rental charges, as of the termination of the FRII service, and you will be obligated to return the Equipment to FRII in accordance with the return process provided on the Return/Replacement Policy and Procedure Document.

4. FRII extends a Limited Warranty to the original purchaser (you) for the equipment. The terms of the Limited Warranty are set out below (the "Limited Warranty") and are part of this Agreement. A copy of the Limited Warranty is also available upon request from FRII at no charge. Nothing in this Agreement will be deemed to alter the terms of the Limited Warranty. FRII does not guarantee the compatibility of the equipment with your computer, operating system, or networking equipment, nor does FRII's Limited Warranty cover any defect present in your computer or network systems.

   FRII does not refund or credit rent, so please call FRII immediately if the Equipment is not working properly for replacement Equipment. FRII is under no obligation to provide replacement Equipment except as provided in the Limited Warranty, however, if you require replacement Equipment and the Limited Warranty does not apply, FRII may choose to provide you with replacement Equipment. If FRII provides you with replacement Equipment outside the Limited Warranty, you will be charged the full retail cost of your non-operational or malfunctioning Equipment plus a monthly rental charge for the replacement Equipment. Replacement Equipment may or may not be the same model.

5. FRII, ITS AFFILIATES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST OR IMPUTED PROFITS OR REVENUES OR LOST DATA OR COSTS OF COVER ARISING FROM OR RELATED TO THE EQUIPMENT OR ITS FAILURE TO MEET ANY SPECIFICATIONS INCLUDING THE LIMITED WARRANTY OR ANY OTHER OBLIGATION, OR THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED AND REGARDLESS OF WHETHER FRII HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LIABILITY, LOSS, OR DAMAGE. YOUR EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS OF DAMAGE RELATED TO THE EQUIPMENT AND/OR ALL CLAIMS IN CONNECTION WITH THIS AGREEMENT OR YOUR RELATIONSHIP WITH FRII WILL BE LIMITED TO THE TOTAL PURCHASE PRICE PAID BY YOU TO FRII FOR THE EQUIPMENT. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

6. THE REPAIR OR REPLACEMENT REMEDY SET FORTH IN THE SEPARATE LIMITED WARRANTY IS THE ONLY REMEDY AVAILABLE WITH RESPECT TO THE EQUIPMENT, WHETHER ARISING UNDER THE LIMITED WARRANTY, UNDER A LEGALLY EFFECTIVE IMPLIED WARRANTY OR OTHERWISE. FRII IS NOT RESPONSIBLE FOR DEFACEMENT, MISUSE, ABUSE, NEGLECT, IMPROPER USE, IMPROPER ELECTRICAL VOLTAGES OR CURRENT, REPAIRS BY OTHERS, ALTERATIONS, MODIFICATIONS, ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ELEMENTS. NO ADVICE OR INFORMATION GIVEN BY FRII, ITS AFFILIATES, ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES WILL VARY THE TERMS OF THE LIMITED WARRANTY OR THIS AGREEMENT.

7. In the event of any inconsistency between this Agreement and any other documents exchanged between you and FRII related to the equipment, the provisions of this Agreement will control.

8. LIMITED WARRANTY EQUIPMENT RENTAL

   8.1 This Equipment is warranted by FRII to the person renting the Equipment, and no others, to be free of manufacturing defects during the term of the Equipment Rental Agreement, only. This Limited Warranty covers only the basic operations of the Equipment, and FRII does not warrant the compatibility of the Equipment with any computer, operation system, or networking equipment nor does this Limited Warranty cover any defect present in any computer, network, or operation or other system. If the Equipment malfunctions due to a manufacturing defect, before the termination of the Rental Agreement, FRII will replace or repair it, at its option without charge, so long as: (a) you notify FRII by calling the correct number set forth in the Return/Replacement Policy and Procedure Document, report that the Equipment's basic operations are not functioning properly, and cooperate with the FRII representative to evaluate the circumstances; (b) the Rental Agreement for the Equipment is in effect and has not been terminated; and (c) you promptly return the Equipment as provided in the Return/Replacement Policy and Procedure Document. FRII will: (1) replace or repair the Equipment, at its option, and return the replacement or repaired Equipment to you, within thirty (30) days after you comply with (a) through (c), above; (2) provide you with an expedite option whereby FRII will send you replacement Equipment promptly after you comply with (a) and (b); proved that, prior to sending you such replacement Equipment, FRII may charge you , via a credit card that FRII Accepts or other means FRII chooses, for the full retail cost of the replacement Equipment ("Advance Charge"). If you return your defective Equipment to FRII according to the procedure set forth in the Return/Replacement Policy and Procedure Document and FRII receives your defective Equipment on or before the 30th day after you request replacement Equipment pursuant to this Limited Warranty, FRII will credit back the Advance Charge to the same payment method to which the Advance Charge was applied (e.g. credit card) or to your monthly service bill; or (3) such other option that you and FRII may agree to. No other person or party is authorized to provide repair or replacement service pursuant to this Limited Warranty

   8.2 Replacement Equipment. FRII may replace the equipment with new, repaired, or reconditioned equipment, at the sole discretion of FRII. This Limited Warranty will apply to the replaced equipment, for ninety (90) days or until the end of the one year period after the initial purchase, whichever is longer. All replaced products or parts become the property of FRII and will not be returned.

   8.3 Exception and Exclusions. This Limited Warranty does not cover defects due to defacement, misuse, abuse, neglect, improper use, improper electrical voltages or current, repairs by others, alterations, modifications, accidents, fire, flood, vandalism, acts of God, or the elements.

   8.4 No Other Express Warranties and Limitation of Implied Warranties. This Limited Warranty is the only express warranty extended by FRII in connection with the equipment. Implied warranties which may not be disclaimed are limited in time to the duration of this Limited Warranty, and all remedies for all such implied warranties are restricted to the remedy and procedure set forth for this Limited Warranty. This Limited Warranty is in lieu of all other warranties, however arising, and all such other warranties are hereby disclaimed. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.