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The Wave2Net service requires a 24 month service agreement for all new accounts.

Wave2Net Internet Service Agreement

This Internet Service Agreement is entered into on ________. It is between Wave2Net, located at 174 Garber Lane Suite 1 Winchester, VA 22602 and (“Subscriber” or “You”) whose residence is located at _______________________ and provides the terms and conditions under which Wave2Net agrees to provide internet service to Subscriber, and Subscriber agrees to subscribe for Wave2Net’s services.

1. Internet Service. Wave2Net internet service is available in the Shenandoah Valley at any location within Wave2Net’s service area that has an unobstructed view of various towers. Professional installation is required.

2. Subscription Fee, Equipment Fee, and Term of the Agreement.

1. This Agreement is for a 24 month term from the date of the Agreement, and will automatically renew on a month-to-month basis at the end of the term unless it is otherwise terminated by either party. You agree to pay in advance the monthly subscription fee of $___, including taxes for Internet bandwidth Up To Mbps download and up to Kbps upload. You may upgrade your service plan at any time without extending the term. You may not downgrade your service plan during the initial 24 month term.

2. You agree that Wave2Net LLC is authorized to charge your credit card account for: (1) activation fees of $N/A, hardware fees of $____and installation fees of $____(2) quarterly service fees $____ and (3) any termination, hardware or other fees that may apply.

3. Within thirty days of the expiration or termination of this Agreement for any reason, you will return all Wave2Net equipment to us at the address listed above, or such other address as we may indicate. If you make an appointment for Wave2Net to retrieve all of its equipment from your location standard service call charges will apply. If you have not returned to us, or made an appointment for us to retrieve all of our equipment within sixty (60) days of the end of the Agreement, you will be liable for, and Wave2Net will charge your credit card for the current replacement value of all non-returned equipment (the “Equipment Fee”).

3. Your Obligations.

1. You shall abide by all Wave2Net policies including the Acceptable Usage Policy and the Terms of Service as they may change from time to time. These policies are located at http://www.Wave2Net.com/terms.html.

2. You will not use Wave2Net’s service to conduct any illegal activity including but not limited to violating the Communications Decency Act of 1996, or violating any copyright, patent, or other intellectual property rights.

3. You shall not lease or sublease or provide Internet access to others through the use of Wave2Net’s service.

4. You shall indemnify and hold harmless Wave2Net and its successors and assigns, from any and all copyright, trademark, patent or any other liability and all damages, including attorney fees and costs, arising out of the use of Wave2Net’s service from your location.

5. You shall pay the quarterly subscription fee plus any Equipment Fee, collection costs and reasonable attorney’s fees incurred in enforcing this Agreement.

4. Terminating this Agreement.

1. You may cancel this Agreement without charge at any time before Wave2Net installs the equipment and service.

2. If you terminate this Agreement after the initial 24 month term, then no termination fee applies.

3. You may cancel this Subscription within thirty (30) days of the date of the Agreement or if you move out of Wave2Net’s service area by providing Wave2Net a notice of termination either in writing or by email sent to accounts@wave2net.com, and by paying a $50 Early Termination Fee.

4. You may cancel this Agreement at any time during the initial 24 month term if, after exhausting all reasonable options to re-establish service, we determine that service is no longer available at your location due to circumstances beyond your or Wave2Net’s control (for example, a new building blocks the line of sight, and the receiver cannot be moved to a location that re-establishes service.)

5. Wave2Net may terminate this Agreement immediately if you breach any payment obligation or violate Wave2Net’s Acceptable Use Policy.

6. If you terminate this Agreement during the initial 24 month term for any reason not listed above, or if Wave2Net terminates this Agreement, then you shall pay a Service Termination Fee of $100 plus the monthly subscription fee multiplied by the number of months remaining in the initial term.

5. Warranties.

1. Actual speeds vary based on the amount of traffic on the Internet, content on a particular Website, or on the overall performance and configuration of your computer.

2. WAVE2NET DOES NOT WARRANT THE SPEED OF ITS INTERNET SERVICE OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES WAVE2NET MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. SPECIFICALLY, THERE IS NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WAVE2NET, ITS EMPLOYEES, AFFILIATES, INDEPENDENT CONTRACTORS, SUBCONTRACTORS AND ASSIGNS SHALL NOT BE RESPONSIBLE FOR LOST, STOLEN, OR DAMAGED SOFTWARE, HARDWARE OR DATA. IT IS YOUR RESPONSIBILITY TO BACK UP ANY AND ALL DATA AND SOFTWARE.

6. Limitations of Liability. WAVE2NET shall not be liable to you for any damages arising from any event that is out of the control of WAVE2NET. Neither shall WAVE2NET be liable for indirect, special, incidental, exemplary, consequential, or any other form of money damages, including but not limited to, lost profits, or for the loss of data or information of any kind, however caused and arising out of or in connection with the performance of WAVE2NET or the provision of services or performance hereunder, whether based in contract, tort, or any other legal theory, and whether or not WAVE2NET has been made aware of the possibility of such damages. In no event shall liability exceed a refund of amounts actually paid by you in the immediately preceding twelve months.

7. Equipment.

1. Customer Premises Equipment: You have purchased a receiver and associated equipment for your use on the Wave2Net Network while you are in good standing with Wave2Net.

2. Responsibility for Equipment: You are responsible for the receiver and associated equipment until it is returned. If it is lost, stolen or damaged you shall be responsible for all charges, including labor costs, to replace or repair the receiver and associated equipment.

3. Home networking equipment is not included with your Wave2Net System. For network setup, support and configuration, contact your network hardware manufacturer and/or operating system software developer (Wave2Net is not responsible for home network configuration or management unless we are contracted to do so).

8. Miscellaneous.

1. This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Virginia without reference to its choice of law rules and as if wholly performed within the Commonwealth of Virginia. Any litigation regarding the interpretation or enforcement of this Agreement will be filed and heard only in the state or federal courts whose geographic jurisdiction includes Shenandoah County, Virginia.

2. This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof and supersedes all other oral or written understandings. This Agreement may only be modified by a writing signed by both parties.

3. The provisions of this Agreement are severable. If any provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions will not be affected or impaired. Additionally, the parties expressly grant to any court or other entity interpreting this Agreement the power and authority to modify the terms of this Agreement to the extent necessary to allow enforcement of this Agreement to the fullest extent allowed by law.

Wave2Net: Subscriber:

By: _________________________ x______________________________

Title: ________________________

DL#___________________________

State:_______ Exp Date___________

x_____________________________

DL#___________________________

State:_______ Exp Date___________