TERMS OF USE (as of March 14, 2001) This Agreement is between You, the user of the Simplified Web Site, and Simplified Development Corporation ("Simplified"). This Agreement sets forth the terms and conditions governing Your use of Simplified's Web Site currently located at www.simplified.com or www.simplifiednow.com (the "Site"). BY ACCESSING THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. If You do not accept all of the terms and conditions of this Agreement, do not use this Site. Simplified may amend this Agreement at any time by posting the amended terms on the Site and such terms shall be effective for all use of this Site and services once they are posted. The content contained on this Site is subject to change at any time without notice. Content The Site is intended only as a source of information of interest to investors, customers, prospective customers, partners and prospective partners. The content available on the Site is not, and should not be construed as, an offer for sale of any goods or services, or investment, financial, business, legal or other advice of any kind. The content may contain projections or other forward-looking statements regarding future business developments and other future events. These statements reflect only the predictions of management and others, and actual developments, results and events might differ materially. All content included on this Site, such as text, graphics, logos, button icons, images and software is the property of Simplified or its business partners, licensors, associated vendors or content suppliers. Without exception, even when not so indicated with a copyright symbol, this content and its arrangement is protected by U.S. and international copyright laws. The content provided on this Site may be displayed and printed solely for Your personal, internal and non-commercial use. Any unauthorized use, including but not limited to the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this Site is strictly prohibited. Names and Logos Simplified®, the Simplified logo, Simplified Open Services Platform™, Simplified OpenVoice™, Simplified OpenWireless™, Simplified Now™, Simplified Open Services™, BroadReach™, Letting You Decide How the World Communicates™, Simplify Now™, Simplified OpenBroadband™, Simplified OpenData™. Simplified Open Solutions™, Simplified Open Network™, Simplified Open Bandwidth Exchange™, Simplified Open Bandwidth™, Simplified OpenDSL™, Simplified Open™, Simplified Labs®, and the other graphics, logos, and service names are trademarks and service marks of Simplified Development Corporation. These trademarks may not be used in connection with any product or service that is not owned, marketed or provided by Simplified, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Simplified or is otherwise inconsistent with Simplified's trademark usage policies. All other product names, service names and company names are the property and/or trademarks of their respective owners. Privacy Policies Simplified is the sole owner of the information collected on the Site. This Site does not collect personally identifying information about You except when You specifically and knowingly provide it. We will not sell, share, rent or otherwise disclose to any other person or entity personally identifying information that can identify You without Your express permission. No Warranty SIMPLIFIED PROVIDES THE SITE AND ITS CONTENT "AS IS" AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT. SIMPLIFIED DOES NOT GUARANTEE THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION ON THIS SITE OR THE RESULTS OF YOUR USE OF THIS SITE. Limitation on Liability IN NO EVENT SHALL SIMPLIFIED OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. SUCH LIMITATION SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. Applicable Law This Site is controlled by Simplified from its offices within the State of Texas, U.S.A. The laws applicable to the interpretation of this Agreement shall be the laws of the State of Texas, U.S.A., and applicable federal law, without regard to any conflict of law provisions. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree to the submission of any dispute to the state and federal courts having within their jurisdiction Travis County, Texas, U.S.A. For more information on legal matters pertaining to this Site, please contact our legal department at legal@simplified.com. Copyright © 2001, 2002, Simplified Development Corporation. All rights reserved.