Centre WISP Venture Company Residential Internet Service Agreement USE OF THE SERVICES PROVIDED BY Centre WISP Venture Company IS EXPRESSLY MADE CONDITIONAL UPON YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. Use of our service or indicating your acceptance of these terms with the checkbox in your online signup denotes your agreement to these terms. THIS AGREEMENT is made as of the date of Customer's signature in the Signatures section on page 1 of this Agreement, by and between Centre WISP Venture Company (ISP), and the customer (''Customer'') who signed this Agreement above. Customers service address is shown above in the Customer Information section of page 1. Use. Subject to the terms and conditions herein, ISP grants to the Customer only (i.e. not to any subsidiaries, affiliates or companies under common control) a personal, non-exclusive, non-transferable, revocable right to use the services provided by ISP through Centre WISP Venture Company. Services. ISP will provide internet access service to the Customer through equipment owned and installed by ISP. The equipment installed by ISP will remain the property of ISP. Service will only be delivered to the location where the equipment is located and is not mobile. Service will only be provided to Customer so long as a) Customers service address is within ISPs service area and b) Customers service address has a clear line of sight to one of ISPs service distribution locations. ISP will provide internet speed up to the maximum upload and maximum download speeds chosen by the customer and indicated on the customers contract. Internet access speeds are not guaranteed. ISP will offer a service level agreement of 99% (the Service Level) and will refund a maximum of 1 months service fee for disruption of service due to outage that covers more than 20% of the user base associated with the ISP. Any credit provided for an outage of ISPs service will be at ISPs discretion. Disruption of service is defined as the device at the Customers location not being pingable from the internet when plugged in properly or the Customer cannot navigate to a few popular websites (google.com, facebook.com, yahoo.com, Microsoft.com, apple.com). Slow speeds are not considered disruption of service. ISP will not be responsible for outages caused by: a Force Majeure event including but not limited to acts of God, war, hostilities, vandalism, riot or terrorism. internet outage from another internet service provider. faulty equipment installed at a customers site as long as ISP replaces the equipment or ISP can provide replacement equipment to a customer within 72 hours. Failure of a customer to promptly notify Centre WISP Venture Company of an outage at their service location. Service Contingencies and Limitations. ISPs ability to provide internet service to Customer requires clear line of sight from the Customers service address to at least one of ISPs signal distribution locations. Trees, buildings, other objects or geographic features can occasionally obscure line of sight and reduce the speed and reliability of ISPs service. ISPs primary company goal is to provide internet service to rural customers who otherwise have limited access to internet service. As such, ISP will often attempt to provide service to Customers who do not have clear line of sight to ISPs signal distribution locations. If ISP cannot provide the internet speed selected by Customer in this Agreement, ISP, at ISPs discretion, will reduce Customers speeds and price to a best effort service package. In the event that ISP invokes its right to convert Customer to a best effort service package, Customer may, at Customers discretion, opt instead to cancel their agreement with ISP with no further obligation. Privacy. ISP will not sell Customers name, phone, email, address, internet browsing habits, or other personal information. ISP will not monitor customers internet traffic via Deep Packet Inspection, except as required by law, or in order to balance the flow of internet traffic on ISPs network. ISP will monitor overall use of internet traffic and data count (GB) by Customer. Price. Customer will pay price for monthly service, modem purchase or lease, and installation cost, as specified in their contract. Customer agrees to pay for ISP service beginning when service is activated, each month, for the duration of the Term, as specified in Customers Contract, and then will pay each month after the end of the Term. ISP reserves the right to increase Customers price by up to 2% at the end of the Term and each year thereafter. Billing. Invoices will be issued monthly in an electronic email, and Customer agrees to pay via credit card or bank debit ACH using our self-service portal. Customer shall pay all payments for use of services by the due date listed on the invoice. If not paid, Centre WISP reserves the right to remotely disconnect customers internet access until customer has paid their past-due invoice(s). Installation. From time to time ISP will send service technicians to the physical location identified by the Customer to install / maintain the equipment needed to utilize the services provided by the ISP. The Customer understands and recognizes that installation of the equipment involves minor renovation to the property and therefore recognizes and accepts that disruption at the property will occur during the installation. Customer shall disclose to the service technician any information on the location of the electrical, gas, water, sewer, heating and air conditioning lines that run through the property if known by the Customer to aid in the placement of the equipment in the property. Customer shall indemnify and hold harmless ISP and the service technician for any interruption in electrical, gas, heat, air conditioning, water or sewer service while the equipment is installed. Customer shall provide a safe working environment for the service technician on the property. Installation Modifications. From time to time situations may arise where Customers internet service speed or reliability could be improved by moving the location of the ISPs equipment installed at Customers service location. Such situations include but are not limited to: growing trees causing interference and new construction obscuring line of sight. ISP may recommend that the Customer move the location of ISP equipment. All costs associated with moving ISP equipment installed at Customers service location will be paid by Customer. ISP recommends that Customer work with a professional installer to have this work completed. ISP will recommend an installer if Customer requests. All equipment moves must be pre-scheduled with ISP so that ISP can ensure that equipment has come online properly. Maintenance. If maintenance of ISPs equipment or systems is required, a best effort will be made to notify Customer of any expected service outages via two methods: posting to the ISPs website, and email to the Customer. Customer recognizes and agrees that maintenance of the network is critical to providing reliable service, and that as a result, time when the ISP service is not available for maintenance windows will not count as a Service Level event. Restrictions. Customer agrees that it will not attempt to modify, adapt, reverse engineer, disassemble or decompile any component of the ISP or equipment owned by ISP and installed at the property. Customer further agrees that it will not sell, distribute, sublicense, loan, rent, lease, timeshare or assign the ISP or equipment provided hereunder, to any third party. Indemnity. Customer agrees to indemnify ISP and its agents and employees against and hold ISP harmless and free from any and all claims, liabilities, demands, damages, losses, unanticipated closing of business, expenses or obligations, arising from or growing out of injury or damage to any person or property as a result of this Agreement. The obligations of this Section shall survive termination of this Agreement. Cancellation. ISP reserves the right to cancel service to any Customer for any reason upon 60 days written notice. Customer can cancel service only under the terms of this agreement. ISP may also cancel Customers service immediately if ISP is subject to a material change in a 3rd party lease agreement, tower colocation agreement or government regulation that impacts ISPs ability to reliably provide service to Customer. ISP may cancel this Agreement if ISP determines that ISP cannot provide service to Customer for whatever reason (typically due to an obstruction at Customers service location that inhibits ISPs wireless internet signal). Liability. ISPs liability under the terms of this agreement is limited to one months service. Severability. Customer acknowledges and agrees that each provision of this Agreement that provides for a disclaimer of warranties or an exclusion or limitation of damages represents an express allocation of risk, and is part of the consideration of this Agreement. Invalidity of any particular provision of this Agreement shall not affect the validity of the remaining provisions hereof. Terms of Service. The Customer warrants and agrees that the ISP will only be used for acceptable purposes and not for any illegal or unlawful purpose. A current Terms of Service (TOS) is attached. The TOS is subject to change and will be published on ISPs website. Integration; Governing Law. This Agreement represents the entire agreement between the parties hereto relating to the use of ISP services hereunder, and supersedes any prior or contemporaneous proposal, representation or understanding. This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, U.S.A., exclusive of its choice of law provision and any dispute will be heard in the Centre County Court of Common Pleas for the Commonwealth of Pennsylvania. Terms of Service (as of contract signing) Thank you for choosing to use Centre WISP Venture Company internet services (herein after referred to as "Services"). Services are hosted and provided by Centre WISP Venture Company. (hereinafter referred to as "ISP") located at 200 Innovation Blvd Box 219, State College, PA 16803. By utilizing the Services you or your company / organization (hereinafter referred to as "Customer") agrees to the following terms, conditions, policies, guidelines or amendments thereto (the "Terms of Service" or this "Agreement") and all applicable laws. Please take the time to read these Terms of Service carefully before using Services. The repercussions of misuse of our systems can be severe. Potential damage includes, but is not limited to, malware infection (e.g. computer viruses), legal and financial penalties for data leakage, and lost productivity resulting from downtime. ISPs goal is to maintain a safe, secure and reliable network at all times. In accordance with that, we reserve all rights including but not limited to monitoring, redirecting or disconnecting a users service if we feel such action will help us achieve our network goals. By visiting or browsing ISP's website or using Services, Customer accepts without limitation or qualification, these Terms of Service. If you do not agree to these Terms of Service, you may not access or use Services provided by ISP. ISP will cooperate with law enforcement agencies when compelled or required to do so by law. Modification ISP reserves the right to update or modify these Terms of Service at any time, without prior notice, by posting any such revised version of these Terms of Service behind the link marked "Terms of Service" on ISPs website. Customer's continued use of the website or Services after ISP has posted the revised Terms of Service constitutes Customer's agreement to be bound by the revised Terms of Service. REPRESENTATIONS AND WARRANTIES OF ISP ISP represents and warrants that in performing the Services provided in this Agreement that: It shall be qualified by education and experience to perform the duties required in this Agreement; It is sufficiently staffed and equipped to fulfill its obligations under this Agreement and that it will not interfere with or derogate from full performance of this Agreement; It shall update necessary hardware, software and programs to ensure the availability of access to the services that ISP provides; It shall from time to time perform maintenance on hardware and software that provide Services to Customer. Occasionally such maintenance will require ISP to turn off access to Services (this type of event herein referred to as a "Maintenance Outage"). In the event of a Maintenance Outage, ISP will make a reasonable attempt to notify affected Customers but does not guarantee prior notification to Customer. Representations and Warranties of Customer By using our Services: You represent and warrant that you are of legal age to form a binding contract, and you are not barred from receiving services under the laws of the United States or other jurisdictions. You agree to provide current and accurate identification, contact and other information as part of the registration process for access to our Services. You agree to be solely responsible for all content on your account. Your account, including your username and password, are personal to you and should not be used by anyone else. You agree to be solely responsible for maintaining the confidentiality of your account information, and you are responsible for all activities that occur under your account. You understand and agree that all requests for additional services are subject to availability. ISP will not be liable for any situation in which ISP cannot immediately fill requests for additional Services. You agree to immediately notify ISP of any unauthorized use of your account or any other breach of security. ISP will not be liable for any loss or damage arising from your failure to provide ISP with accurate information or to keep your account secure. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, files, attachments or other materials ("Content") are the sole responsibility of the owner of the account from which such Content originated. ISP reserves the right, but does not assume the responsibility, to monitor or review any Content or browsing history on Services provided by ISP. You agree that you are responsible for the conduct of of your account and any Content that is created, transmitted, stored, or displayed by, from, or within your account while using Services and for any consequences thereof. You agree to use Services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Services offered by ISP. The determination of what constitutes interference is at the sole discretion of ISP. You agree to keep ISP equipment installed in your home or office safe and secure. You represent and you warrant that you will not use Services in any way considered "prohibited" (listed below). Such actions are grounds for immediate suspension or termination of your Services without prior notice. Prohibited Use You agree that activities listed below are a non-exhaustive list of prohibited uses of ISP's Services: Employing programs that consume excessive network capacity. Sending unsolicited bulk electronic mail messages utilizing our network ("Spam") Utilizing "warez", including pirated software, ROMs, emulators, phreaking, hacking, phishing, password cracking or cheating, IP spoofing, etc. Utilizing BitTorrents, or related technology on ISP servers. Using a false email return address to confuse other users. Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to the party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures. Any attempt to circumvent access controls on ISPs equipment. Any attempt to alter the speed or services purchased without authorization from the ISP. Engaging in illegal activities or engaging in activities harmful to the operations of ISP or other customers using ISP's infrastructure. Engaging in terroristic activities. Providing false data on any contract or application, including fraudulent use of credit card numbers. Hosting servers or other internet connected devices designed to be used by others on the internet. Any prohibited use of Services listed above, or any other use of ISP services that ISP deems to be unacceptable will result in immediate account suspension or cancellation and the possibility that ISP will impose fees; and/or pursue civil remedies without providing advance notice.