Kendallville Internet High-speed Internet

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1 Kendallville Internet High-speed Internet Business Full Speed 3.5 Mbps Download Speed 1.5 Mbps Upload Speed $50 Installation fee with a 2 year commitment* $100.00/month Residential Full Speed 3.5 Download Speed 1.5 Mbps Upload Speed $50 Installation fee with a 2 year commitment* $50.00/month Residential Throttled 256K Download Speed 256K Upload Speed $50 Installation fee with a 2 year commitment* $20.00/month * Installation fee of $100 with a 1 year commitment. * Installation fee of $200 without a commitment. Termination of service prior to commitment terms requires customer to return all equipment to Kendallville Internet and will result in a charge of $250. Service not available in all areas, please check for availability.

2 KENDALLVILLE INTERNET HIGH SPEED INTERNET SERVICE APPLICATION Applicant: Billing Address: Billing City, State: Service Location if different: Cell #: Phone #: Work#: INTERNET SERVICE OPTIONS AND INSTALLATION COSTS (Circle chosen options) Business High Speed Internet Residential High Speed Internet: Residential Throttled Internet Service: $100.00/Month $50.00/Month $20.00/Month Installation with 2 year commitment: $50.00 Installation with 1 year commitment: $ Installation without commitment: $ Total due prior to installation: $ The Installation Fee consists of the initial set up of your connection in your home/office as well as the mounting hardware and the mounting of the antenna to your home. It also covers the initial set up of the internet connection to your computer to ensure a good connection. Any additional time spent on the installation is billable at $45.00 per hour. In addition, from time to time, to get a good connection to our tower we may need to raise the antenna higher than the edge of your roof. If this is the case the cost of the additional equipment will be added to the installation cost. Router: If you are installing one internet feed to multiple computers you will need a router. If you do not have one you may purchase one from us. GUARANTY I,, absolutely guarantee payment of $250 to Kendallville Internet, if the wireless antenna and components provided for Internet service is not returned upon termination of service or is not working properly due to customer neglect. Kendallville Internet has provided me with a copy of the High Speed Internet Access Service Agreement. I have read the terms and conditions listed on both the Service Agreement and the Internet Service Application and agree to comply with the terms of these Agreement. Applicants Signature: Date: Kendallville Internet Representative: Please make checks payable to: Kendallville Internet

3 High Speed Internet Access Service Agreement Terms Kendallville Internet Acceptable Use Policy SECTION ONE - NOTICE By using any of the services offered by Kendallville Internet, you become a party to this agreement and shall be bound by all of the terms and conditions set forth below. It is your responsibility to read, understand and abide by all of the provisions of this agreement. If you do not agree to all of the terms of this agreement, contact Kendallville Internet immediately to arrange cancellation of your service(s). SECTION TWO - INTRODUCTION Kendallville Internet is a wireless internet business in Kendallville, Indiana. SECTION THREE - SERVICES Kendallville Internet services (the Service ) are provided upon the terms and conditions stated in this Agreement. The services provided by Kendallville Internet pursuant to this Agreement consist of the following: Internet Access Fixed Wireless IP Addresses SPAM Filtering/Virus Scanning Certain services provided by Kendallville Internet have terms and conditions that are specific to that service, and are in addition to the general terms and conditions stated in this Agreement. These specific terms and condition are as follows: Fixed Wireless Access Due to the nature of wireless technologies, the Service area is limited, and the network coverage is neither defined nor guaranteed. The distance from tower locations and the presence of obstacles (trees, buildings, etc.), now or in the future, may have an adverse effect on the performance and availability of the Service. Kendallville Internet is not responsible for the consequences of your inability to access the Service due to these reasons. Internet file sharing through peer-to-peer (P2P) networks is not allowed using our Service. Any P2P activity identified will result in immediate suspension, and possible termination, of your service without any prior notifications from Kendallville Internet. Specific software and antenna equipment is required to access the Service. Terminations of Service will require you to pay a $250 termination fee if we supplied equipment to you, unless you return all equipment to Kendallville Internet in working and like-new condition. No refund of your initial purchase payments will be provided. Kendallville Internet will provide warranty service on the Equipment during the initial 12-month service commitment period. You will be responsible for the full replacement costs of the Equipment for any damage to or failure of the Equipment beyond the initial 12-month period. Kendallville Internet provides technical support for single computer connections only, and does not provide any networking support. You are responsible for any and all equipment, devices and software (other than that provided by Kendallville Internet) you choose to install or use to receive of use the Service. Kendallville Internet assumes no responsibility for any problems, or any guarantee for the resolution of any problems, caused by the installation or use of any customer-installed equipment, devices or software. Services Customer is required to have own additional virus protection, and Kendallville Internet assumes no

4 responsibility for the consequences or affect that any downloaded virus may have on your equipment or software. You are responsible for activating and choosing the aggressiveness levels of the SPAM filtering, and you also assume all responsibility for the consequences of the chose settings. Kendallville Internet is not responsible for the consequences of any legitimate messages lost due to over-aggressive filtering. SECTION FOUR USE OF THE SERVICE You may only use the Service in accordance with the usage restrictions set forth in this agreement. You acknowledge that you are executing this Agreement on behalf of all persons who use your service, and you have sole responsibility for ensuring that all such other users understand and comply with the terms and conditions of this Agreement. You agree to comply with the terms and conditions of all end user license agreements accompanying or distributed in connection with the Service. All end user license will terminate at such time as you use of the Service is terminated. You may not sell, assign, transfer or give away use of your Service without written authorization and consent from Kendallville Internet. You are responsible for all activity occurring via your Service, even if that activity is initiated by a third party utilizing your Service without your knowledge or consent. You must immediately notify Kendallville Internet if you suspect any unauthorized use of your Service. Until Kendallville Internet is notified of any suspected breach of security, you will remain responsible for all use through your Service whether it was authorized of not. If your Service requires the use of a username and password ( login ) to access the Service, you are solely responsible for maintaining the confidentiality of your login information, and for any and all activities or consequences that occur from a failure to do so. If you need to reset your login information, either due to a suspected breach of security or if you have forgotten your login information, Kendallville Internet will assist you but will charge a service fee of $5.00. Such assistance will be provided upon regular business days only. Use of another customer s login, improper solicitation of another customer s login or use of any login under a name other than your own is prohibited and is grounds for termination of your right to use the Service. You are responsible for any and all equipment, devices and software (other than that provided by Kendallville Internet) you choose to install or use to receive or use the Service. Kendallville Internet assumes no responsibility for any problems or the resolution of any problems caused by the installation or use of any customer-installed equipment, devices or software. Kendallville Internet has no control over information, opinions, advice or statements given or made by anyone other than authorized Kendallville Internet spokespersons in any manner on or through the Service. Opinions, advice and all other information expressed by users or service providers on the Internet represent their own views and not necessarily those of Kendallville Internet. Kendallville Internet does not endorse, support or vouch for the accuracy of any such information. You hereby agree to indemnify and hold Kendallville Internet harmless from all claims, awards, judgments, costs, expenses (including cost of defense) and damages to which Kendallville Internet is made subject as a result of any illegal, unethical or other improper use by you the Service and/or a breach by you of this Agreement. SECTION FIVE PROHIBITED USE You agree that you will not use or attempt to use the Service in any way or for any purposes described below: To seek to gain unauthorized access to any other person s computer, software, or data; To send mass unsolicited to third parties; To distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, damage or destroy equipment or data, or disrupt the operations of Kendallville Internet or any other persons; To waste resources (people, capacity, computer) through such actions; To disrupt the intended use of the Internet by any means; To destroy the integrity of computer-based information; To compromise the privacy of users; To seek to commit or participate in an illegal act through the use of the system; To send, submit for public posting, or intentionally receive, any abusive, obscene, profane, sexually explicit, threatening or illegal material, or material containing blatant expressions of bigotry, racism or hate;

5 In any other manner, seek to interrupt or interfere with the Internet usage of any other persons To sell, assign, transfer or give away use of your Service without written authorization and consent from Kendallville Internet. If it comes to the attention of Kendallville Internet that you are using the Service in a manner of this type, Kendallville Internet may, at their sole discretion, take any of the following actions in accordance with the severity and duration of the violations: warning the Customer; suspending the offending Customer from the Service; terminating the offending Customer from the service; imposing fees or charges on the offending Customer s account in accordance with this policy, the applicable service contract or applicable law. You are responsible for material sent through or displayed on the Internet while using your Service, even if a claim should arise after termination of your Service. Kendallville Internet will perform regular reviews of various blacklisting services, and will aggressively investigate any IP addresses that are listed on any of these lists. Any evidence of spamming activity will result in immediate suspension, and possible terminations, of all server hosting services. It is your responsibility to comply with all international laws and all U.S. laws with respect to your use of the Service, including but not limited to, copyright laws, obscenity laws, defamation laws, etc. You are reminded that conduct that is illegal in other media (for example, violations of copyright laws, etc.) is also illegal on the Internet, and you are fully and solely responsible for the consequences of engaging in any illegal conduct by use of the Service. Kendallville Internet expressly disclaims any obligation to monitor its Customer and other users with respect to violations of the Policy. Kendallville Internet has no liability or responsibility for the actions of any of its Customers or other users, or any content any Customer or user may make available while using the Service. SECTION SIX FEES AND PAYMENTS You are responsible for paying all fees and charges (plus applicable taxes) associated with use of the Service. Charges currently in effect for use of the Service are posted on the Kendallville Internet web site (www.kendallvilleinternet.com). Kendallville Internet reserves the right to change the amount of, or basis for determining, any fee or charge, and to institute new fees or charges, and to institute new fees or charges, effective upon posting the information on the Kendallville Internet web site. All federal, state, and local sales and excise taxes applicable to your use off the Service will be added to the basic fees listed on the web site. Fees shall be payable in advance, and will be due by the 1st or the 15th of the month in which the Service is rendered. A $20.00 fee will charges to your account if payment, whether by check or automatic withdrawal from your bank account, is returned as unpayable for any reason. Late fees equal to one and three-quarter percent (1.75%) of the monthly fee will be assessed to overdue accounts. Failure to make timely payment of monthly fees shall make your access to the Service terminable at the option of Kendallville Internet. A suspended account may be reactivated by paying all past due balances in full, along with an additional processing fee of $ All services are provided in full-month increments, and requests for cancellation of Service must be received by Kendallville Internet prior to the 1st or the 15th of the month based on your current billing. You understand and agree that the fees you are charged are solely for the use of the Service(s) as described in Section Three. Various products and services other than those described in this Agreement are offered by vendors and providers other than Kendallville Internet on or over the Internet, for which separate fees or charges are levied by those vendors. You are solely responsible for payment of all fees charged for products and services incurred by your use or purchase thereof. SECTION SEVEN GENERAL NOTICES Kendallville Internet will give most notices to customers by . Other notices may be given by a general posting on the Kendallville Internet web site (http://www.kendallvilleinternet.com), or by conventional mail. Notices by customers to Kendallville Internet must be given by or conventional mail. Notices by must be addresses to Kendallville Internet at or

6 Notices to Kendallville Internet by conventional mail must be sent to: Kendallville Internet 8568 E Circle Drive Kendallville, IN WARRANTY AND LIMITATION OF LIABILITY Kendallville Internet does not warrant uninterrupted use or error-free operation of the Service unless specified in a separate Service Level Agreement specific to that Service. Without such Service Level Agreement, the Service is provided on an as is and as available basis. YOUR SOLELY REMEDY FOR INABILITY TO ACCESS YOUR SERVICE SHALL BE A PRO-RATA REFUND OF THE MONTHLY USER FEE FOR THE MONTH IN WHICH ACCESS TO THE SERVICE WAS UNAVAILABLE. IN NO EVENT WILL Kendallville Internet BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF (OR ATTRIBUTABLE TO) THE USE OR INABILITY TO USE THE SERVICE. TERMINATION OF ACCESS TO THE SERVICE Either you or Kendallville Internet may terminate the Service at any time and without cause in accordance with our cancellation policy; however, you shall be liable for any applicable early termination penalties. The only recourse of a user with respect to dissatisfaction with any policies, guidelines or practices, changes in fees or service content is for the user to terminate his use of the Service. Kendallville Internet shall terminate your access to all or any part of the Service, without notice, for conduct that Kendallville Internet believes is a violation of this Agreement or any policies or guidelines posted by Kendallville Internet on the Service or for other conduct that Kendallville Internet believes harmful to others (hereafter referred to as termination for cause ). Termination for cause shall not entitle the terminated party to any refund or reimbursement whatsoever. Upon termination of the Service without cause, Kendallville Internet will refund any unused portion of prepaid fees that are due to you after satisfying any outstanding balances owed to Kendallville Internet. Kendallville Internet is not responsible for notifying anyone other than you of a termination of your access to the Service. MISCELLANEOUS This Agreement, and all policies and guidelines referred to herein, which you accept by using the Service, constitutes the entire Agreement between you and Kendallville Internet regarding use of the Service, and may be amended at any time and in any fashion by Kendallville Internet upon notification by general posting on the Kendallville Internet web site. Your continued use of the Service following notice of such change shall be deemed to be your acceptance of such modification. The provisions of this Agreement will continue in effect even after termination of your access. You can reach Kendallville Internet by calling (260) , sending to or by writing to: Kendallville Internet 8568 E Circle Drive Kendallville, IN You agree that the laws of the State of Indiana shall be applied in all matters pertaining to the construction and/or application of the terms of the Agreement. Your acceptance of this Agreement constitutes your consent and submission when you use our network.

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