Articles of Incorporation


Nyx Net

A Colorado Nonprofit Corporation

Andrew Burt, acting as incorporator of a nonprofit corporation under the Colorado Nonprofit Corporation Act, executes the following Articles of Incorporation for the nonprofit corporation hereinafter known as "Nyx Net."

First: The name of the nonprofit corporation is: Nyx Net.

Second: Nyx Net is organized exclusively to provide public Internet access for charitable, educational, scientific, literary and other exempt purposes as defined by section 501(c)(3) of the Internal Revenue Code or the corresponding section of any future tax code. Nyx Net shall not engage in any activities, or exercise any powers, not in furtherance of this purpose, or not permitted by corporations exempt under section 501(c)(3) of the Internal Revenue Code.

Third: No part of the net earnings of Nyx Net shall inure to the benefit of, or be distributable to, officers, directors or members of Nyx Net, or other private persons, except that Nyx net shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth above.

Fourth: No substantial part of the activities of Nyx Net shall consist of propaganda or other attempts to influence legislation, and Nyx Net shall not participate in, or intervene in any political campaign on behalf of or in opposition to any candidate for public office.

Fifth: Upon dissolution of Nyx Net, the assets of Nyx Net shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future tax code, or shall be distributed to federal, state or local government agencies for public purposes.

Sixth: Nyx Net will have one or more classes of members as determined by the bylaws of the corporation. The rights, responsibilities and privileges of such classes of membership shall also be determined by the bylaws.

Seventh: Nyx Net will have three initial directors. The number of directors may be increased or decreased in accordance with the bylaws of the corporation.

Eighth: The address of the initial registered office for Nyx Net is: 3265 34th St. #48, Boulder, CO 80301-1972 and the name of the initial registered agent at such address is: Darlene Cypser.

Signed this 7th day of April, 1997, by Andrew Burt, incorporator.

(Stamped by the Colorado Secretary of State on 04-09-97)