Visitor Agreement & Terms and Conditions

________________________________________

The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

• Use Of Site

• Terms and Conditions

1. Renewable Power Transaction.
(a) This is an agreement between WindStreet Energy, Inc. and the Buyer to purchase renewable energy certificates (“RECs”), regardless of the form or title name under which the product is sold. The product may represent the offset of CO2 which is converted into an amount represented in MWh of electric. MWh offsets are based on the best information available to WindStreet at the time of production. Averages for home electric use; small business use; and average travel/mileage are derived from sources and information that was taken from among others, the Energy Information Agency (US Department of Energy) and The US Environmental Protection Agency; and internal data from historical records on transactions. WindStreet makes no limited or absolute guarantee to any party that this information is not subjective and interpretative. Instead it represents our best understanding of CO2 offset and conversions at the time of the product development and upon the execution of the transaction. Further, the buyer and activator accept without recourse our interpretation of the offset for this product.

Subject to the terms of this Agreement, WindStreet Energy, Inc. (‘WindStreet”) agrees to sell, and Buyer agrees to purchase and pay for, Renewable Energy Credits (“RECs”) from the resource(s) and at the quantity and purchase price indicated. A surcharge to cover the renewable energy purchase may be charged by WindStreet (see “Billing and Payment” section below). Signing up for this product does not interfere with your pre-existing service from your supplier, and all costs associated with your purchase are in addition to your standard rates for electricity supply and delivery services.

(b) Each REC represents the environmental attributes resulting from the generation of 1 MWh (1,000 kWh) of electricity by renewable energy generators serving power systems in the United States (the “Applicable Power Systems”), multiplied by the percentage rate that the Buyer has chosen to off-set. These environmental attributes include all fuel source, emissions, air quality and other environmental characteristics and benefits resulting from the generation of energy by the applicable renewable energy resource, excluding any state or federal production tax credits, production tax incentives or production tax grants generated or earned by the renewable resource facility owner. Environmental attributes may be used to offset or reduce the pollution impact of an equivalent amount of electricity generated from the sources used to generate typical system power. WindStreet represents and warrants that it is selling the RECs once and only once to Buyer, and that Buyer shall be entitled to claim or take credit for the environmental attributes related to the RECs. The Buyer shall not be able to re-sell the RECs, or make claim to the proceeds from a resale of the RECs, should the purchased RECs not be consumed.

(c) Buyers purchase of RECs under this Agreement ensures that an amount of energy equal to the number of RECs purchased under this Agreement times 1 MWh is generated from the type of renewable resource(s) indicated above and delivered to the Applicable Power Systems over the course of one year. To verify this delivery, WindStreet will retire renewable energy certificates on behalf of Buyer. For specific transactions involving the purchase of 100% Green-e Certified Power, WindStreet shall be consistent with Green-e certification standards.

WindStreet shall use renewable energy certificates wherever possible that will be generated in the calendar year of the Effective Date, or not later than the first three months of the following calendar year, or from the second half (July-Dec) of the prior year. Any RECs generated during this period shall satisfy the requirement of WindStreet to perform under this agreement.

Billing and Payment

The Buyer agrees to pay the renewable energy charge for the RECs and products purchased, based on the term and schedule agreed to on the website. Monthly accounts will have recurring charges posted to their credit card each month until the buyer notifies WindStreet to cease forward processing of the recurring transaction. These charges are in addition to the Buyers standard supplier electricity delivery and supply charges for all of Buyers monthly electricity usage. The cost for renewable energy will not change over the course of this agreement unless WindStreet notifies the Buyer, at which time the buyer may cancel future purchases. WindStreet is not responsible for data gathering or compilation errors.

Return Policy

Website Purchases of Renewable Energy Certificates Refund / Cancellation Policy:

WindStreet Energy will refund the customer's money for the unused term of the agreement upon request from the customer. The following procedures and conditions apply:

Month-to-Month Accounts (Residential and Small Commercial Businesses): The customer may cancel forward transactions at any time by calling our offices at 888-85-EARTH. Charges for previous months will not be refunded as those RECs are deemed to have been purchased and retired. Cancellations before the 10th day of the month will result in a refund of current month's charges. After the 10th of the month, we will terminate the account with no further charges in the future, but there will not be a refund for that month or prior months.

Annual Accounts, Residential: The customer may cancel their membership at anytime and request a refund on unused credits. On annual account cancellations/refunds, Windstreet will deduct $9.95 per month for each month having passed since the enrollment date; that will be a non-refundable portion (used portion). After these deductions for the used portion of RECs, any remaining funds may be refunded.

Commercial/Business Accounts are non-refundable. These accounts generally involve the pre-purchase of REC contracts on behalf of the customer. WindStreet does this in bulk in the futures markets and is unable to provide refunds.

Gift Cards, Green Cards or any Card Product: WindStreet will issue refunds only on cards purchased directly from WindStreet on this website. Refunds will only be made in the first 21 days from the date of sale, provided the card is returned to us during that period and is in its original condition and has not been activated. Once a card is activated, or the numbering sequence protector has been removed or scratched, the card may not be returned.

If the card(s) have been purchased from a vendor other than WindStreet the card is subject exclusively to the vendor’s discretion and return policy. Cards that have been activated, damaged or have the number sequencing revealed will not be considered refundable through any vendor and WindStreet will not honor any request from the vendor for credit or reimbursement.

Fraud: WindStreet takes credit card fraud or any other fraud seriously. Any request for a refund regarding an issue of fraud or unauthorized use must be in writing and mailed to us at: WindStreet Attn: Green Energy Refunds 157 New Brunswick Ave., Perth Amboy. NJ 08861

All issues of fraud will be thoroughly investigated and police reports may be required from the consumer representing that a fraud has occurred. The customer may be required to submit a local police report and provide copies to WindStreet before a fraud refund is issued.

Processing Time: You should expect your refund to be processed within 4 weeks. All refunds will be in the same form as the payment was originally accepted; no exceptions will be made to this policy to prevent fraud. Credit card refunds will only be made to the credit card number used for the purchase. Refunds by check will only be mailed to the address on the account and payable to the account holder.

Due to uncertainty in futures markets and regulatory changes, customers that choose to purchase for terms greater than 24 months are subject to unilateral cancellation by WindStreet after the initial 24 months term if WindStreet cannot purchase the forward renewable supply at the same rates as during the initial contract implementation. The customer will not be further billed in the event that WindStreet cannot secure the aforementioned renewable supply.

2. Purchase Certificate; Marketing Claims. WindStreet may provide to Buyer a certificate evidencing its purchase of the RECs (a 'Purchase Certificate') in the calendar year purchased. Buyer may claim in its public marketing and advertising that it has purchased the RECs from WindStreet and Buyer may display the Purchase Certificate. WindStreet may also announce and otherwise publicize that it has sold the RECs to Buyer and that Buyer is responsible for the estimated amount of carbon dioxide (CO2) emissions avoided due to this purchase of Renewable Energy Certificates from WindStreet. Buyer must obtain advance approval of any use of the WindStreet logo or other trademarks in any press release or other promotional material that describes this transaction.

3. Not a Purchase of Electricity. This transaction is not a purchase of electricity or energy and WindStreet is not an electricity provider in competition with Buyer's current electric utility.

4. Limitations of Liability; Disclaimer Of Warranties. NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES FOR A BREACH OF THIS AGREEMENT, REGARDLESS OF WHETHER THOSE DAMAGES ARE CLAIMED UNDER CONTRACT, WARRANTY, INDEMNITY, TORT OR ANY OTHER THEORY AT LAW OR IN EQUITY. NOTWITHSTANDING ANY PROVISION HEREIN, WINDSTREET'S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL PURCHASE PRICE PAID TO WINDSTREET BY BUYER. Unless specifically set forth herein, neither Party makes any representation or warranty whatsoever, express or implied, to the other Party and hereby disclaims any such purported representation or warranty, Including any IMPLIED Warranty of MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.

5. Miscellaneous. This Agreement states the entire agreement of the Parties with respect to the subject matter hereof and may not be amended without the written agreement of both Parties. Buyer may not assign this Agreement without the prior written consent of WindStreet, which consent shall not be unreasonably withheld. This Agreement is governed by the laws of the State of New Jersey. This Agreement may be executed in counterparts and facsimile signatures have the same effect as original signatures.