TON SERVICE FAX MAILBOX TERMS AND CONDITIONS (PAGE 2 OF 2)
10/2002

In consideration of TON Services, Inc. (TON Services) granting credit to Customer (as defined in the credit application), allowing Customer to purchase selected goods and services from TON Services through TON Services’ facilities, the Customer hereby covenants and agrees with TON Services as follows:

Payment for purchases. Except as otherwise expressly provided in herein, Customer agrees to pay Ton Services Ton Services’ then effective price for goods and services provided to Customer. Payment shall be made therefore, directly to TON Services at the address listed on the remittance advice, invoice or statement delivered to Customer within twenty (20) days of the date appearing on the advice invoice or statement. Sums paid within twenty (20) days of the date of the advice, invoice or statement shall not be subject to any service or interest charges. IN THE EVENT THAT CUSTOMER SHALL FAIL TO PAY FOR GOODS OR SERVICES PURCHASED WITHIN THE TWENTY (20) DAY PERIOD REQUIRED HEREIN, CUSTOMER SHALL PAY TON SERVICES A SERVICE CHARGE EQUIVALENT TO ONE AND ONE-HALF PERCENT (1.5%) per month OR THE HIGHEST RATE PERMITTED BY LAW, WHICHEVER IS LESS OF THE DELINQUENT BALANCE FOR EACH MONTH OR PORTION THEREOF THAT THE PAST DUE BALANCE SHALL REMAIN UNPAID. Payment of the service charge shall not be construed as an authorization for extending payment beyond the due date or as a waiver of Customer’s obligation to make full payment for goods or services purchased in strict accordance with the terms contained herein. In the event that Customer shall fail to pay the full amount due TON Services within the time specified herein, the Customer shall reimburse TON Services for all costs and expenses incurred to collect all or any portion of said sums including, but not limited to, court costs, attorney’s fees incurred whether for consultation, collection efforts that do or do not include litigation, including the costs of rehearing and appeals, or all of the foregoing.

Termination: Either party may terminate this Agreement at any time upon written notice to other party. Notice of termination, however, shall not terminate applicant’s obligation to pay TON Services in accordance with the terms hereof for credit extended or to indemnify TON Services as provided herein.

Billing Errors/Inquiries. In the event that customer shall believe that TON Services, Inc., has made an error in any billing or in the event that Customer questions any aspect of a billing, Customer shall notify TON Services Inc. of the error or inquiry in writing addressed to: TON Services, 4185 Harrison Blvd., Suite 301, Ogden, Utah 84403. Notice of billing error should be given to TON Services within 15 days of customer’s receipt of invoice, billing or statement.

Waiver: No action or inaction by either party hereto shall be deemed a waiver of the other party’s obligation to perform any covenant or agreement contained herein. A waiver to be effective hereunder shall be in writing, signed by the party waiving the right to performance hereunder.

Indemnity: Customer agrees to reimburse, indemnify, defend and hold harmless TON Services from and against any and all claims, damages, liabilities, losses, costs and expenses (including attorney’s fees) incurred by TON Services that arises from or is incidental to the negligence or intentional misconduct of Customer or any person authorized by Customer to use Customer’s credit account, including but not limited to, damage to TON Services equipment and damage to TON Services property.

Notice. Except as otherwise provided in Section 3 above, all notices required pursuant to this agreement shall be effective immediately if made by telephone or fax during regular business hours to Customer at the telephone or fax number specified in the application, or to TON Services at telephone number (800) 206-5506 or fax number (801) 624-4530. Notice shall be effective upon the fifth (5th) business day following the date of deposit with the mail carrier if sent by United States registered or certified mail or upon the first (1) business day following deposit if sent for next day delivery by Federal Express, UPS, Airborne, or other reputable overnight courier. All notices shall be sent postage or freight prepaid, to Customer at the address in the application, and to Ton Services at the address specified above or as otherwise designated by notice given in accordance herewith. The services specified above when accepted by TON Services constitute the agreement of TON Services and undersigned for the services, at the rate, and for the term herein specified.