This Agreement sets forth the terms and conditions under which "ohiomuni.net" will use commercially reasonable efforts to provide service by which you will gain Internet services.

The Service:

Provider will use commercially reasonable efforts to provide you with service by which you will gain Internet Services for a single connection at your address, for a period of 3 years commencing on date of initial connection.

No representation, warranty, term or condition other than as specifically set forth in this Agreement shall be binding on Provider or any of its contractors relating to the subject matter of this Agreement.

You acknowledge and agree that Provider obtains access to the Internet as a contractor or subcontractor of ISP Alliance, Inc.. You acknowledge that:

(1)all rights and protections afforded to Provider in this Agreement shall extend as well to ISPA such that ISPA may assert any and all rights of Provider against you just as if through which Provider acts as a contractor or subcontractor of ISPA.

General Subscription Obligation:

You are signing this Agreement on behalf of yourself , and any person who accesses the Service through your address. You assume responsibility to ensure that all such other users understand this Agreement and comply with its terms.

The Service is provided to you. You may not transfer your subscription or your rights and obligations under this Agreement to any other entity.

Payment Terms:

You agree to pay any initiation fee and a monthly recurring fee for the Service if applicable. The schedule of fees and charges is set forth in the proposal. You agree to pay all applicable federal, state, and local fees of taxes.

Initiation fees are due at initiation of service. Monthly charges are payable within 15 days of billing, or a late charge of 5% will be assessed against the unpaid balance. Provider may charge a reasonable service fee for all returned checks. Failure to pay all bills within 30 days of billing will cause disconnection.

If you discontinue the Service or are disconnected, you agree to pay a reconnect charge before reconnection.

You will be responsible for all expenses (including reasonable attorney's fees) incurred by Provider in collecting any unpaid amounts in accordance with this agreement.

User Back Up Recommendation:

In order to install certain materials which may be provided to you in connection with the Service or may be required to make use of the Service, it may be necessary to open your computer. When software is installed on your computer, the system files may be modified. Provider does not warrant that the opening of the computer or the installation of software will not disrupt the normal operations of the computer or cause the loss of files. For these and other reasons, provider recommends that you back up all files prior to installation.

Installation and Access (if necessary):

Provider may schedule one or more installation visits with you. Following installation, you will provide us with reasonable access to the premises to inspect, repair, and maintain Provider's equipment. Upon termination of your purchase of the Service, you will return the equipment or provide us with access to your premises to remove it.

Ownership and Use of Equipment and Software:

Any equipment supplied and installed by Provider under this Agreement shall at all times remain the property of Provider or its third party contractors and must be returned to Provider in good condition at the termination of service. If the equipment is not returned to provider in good condition immediately upon termination, you will be charged and you agree to pay an amount as reasonable determined by Provider for its replacement. Provider grants you a limited, nonexclusive license to use any software provided and installed by Provider or use in connection with the Service only. The license terminates upon termination of this Agreement, disconnection or discontinuance of the Service. Upon termination, discontinuance or disconnection, you will promptly destroy all such software and any copy you have made.

Service and Performance:

Provider will make reasonable efforts to assure that the Service is available to you 24 hours a day, 7 days per week. It is possible, however that there will be interruptions of service. If an outage condition is known sufficiently in advance, Provider may attempt to provide you with electronic mail notification.

Customer Use:

You agree to abide by the policies of the Service as they are electronically posted and modified from time to time. You agree not to use the Service or any equipment or software provided by Provider:

• For any illegal purpose
• To achieve unauthorized access to any computer systems
• To achieve unauthorized access or distribution with regard to any software, data, or material protected by copyright, patent, trademark, or trade secret.
• To copy, distribute or sublicense any software provided by Provider, except that you make one copy of each software program for backup or archival purposes only.
• For excessive data transfer which interferes with the experience of other users.
• To interfere with access to the Internet by other parties or disrupt the network used by Provider.
• To harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another users.
• To post or transmit any unsolicited advertising, promotional materials or other forms of solicitation to other customers, except in those areas that are designated for such a purpose.
• To post or transmit any sexually explicit, hateful, vulgar, threatening, abusive, harassing, defamatory, or racially, ethnically or otherwise objectionable material.

In the event of your violation of any of the above, Provider reserves the right, in its sole discretion, take any one or more of the following actions:

• Remove those materials that violate these policies.
• Hold you liable for any damages resulting from the violation of these policies.
• Terminate this Agreement and your continued purchase of the Service.

Charges for On-Line Services/Internet Transactions:

Through use of the Service, you may access certain information, products, and services from persons other that Provider for which there is a charge, including certain on-line services such as America On-line and Compuserve. You agree that all such fees or charges for on-line services, products, or information are your sole responsibility and not the responsibility of provider.

You are also advised that you are solely responsible for protecting the security of your credit card or other financial information for unwanted or unauthorized charges for Internet-based transaction.

Provider does not endorse or warrant any third party products, services or content that are distributed or advertised over the service.

Limitation of Liability; No Warranties

Damage, Loss, or Destruction of Software Files and/or Data. Provider assumes no responsibility whatsoever for any damage to or loss or destruction of any of your software, files, data, or peripherals which may result from your use of the Service, or from the installation, maintenance, or removal of the Service, equipment or software. Provider does not warrant that any data or files sent by or to you will be transmitted in uncorrupted form or within a reasonable period of time.

No Warranties/Limitation of liability. Provider makes no warranty, express or implied, including but not limited to, the implied warranties of merchantability or fitness for a particular purpose. All equipment, software, and services are supplied as is. In no event shall provider be liable for any indirect or consequential losses or damages arising in any manner out of the installation, maintenance, failure, removal or use of the equipment, software or service.

No Liability for Unauthorized Access. Provider treats private communications on or through its network as strictly confidential and does not access, use, or disclose the contents of private communications. However, the applicable telecommunications network is a shared network used by subscribers to telecommunications services. Since the network is shared and beyond the network the Internet does not provide security, others may access or monitor your traffic. Provider does not warrant that any data or files sent or received by you over the network, or communications directed to or received for outside the network, will not be subject to unauthorized access by others to that other users will not gain access to your computers. Provider has no responsibility and assumes no liability for such acts or occurrences.

No liability for viruses. Provider makes no representation or warranty that any software installed on the computer or which you may download for the Internet, on-line service provider, or other information provider does not contain any virus or other damaging or destructive attribute. Provider has no responsibility and assumes no liability for such acts or occurrence.

No liability for Content. While Provider supplies access to the Internet, it is not the publisher of any information provided by others through the Internet. Provider does not review, censor, or monitor and is not in any manner responsible for any programs or content sent or accessed over the Internet or made available by any individual, user, information provider, on-line service, or content provider. Such content or programs may include, but are not limited to, programs or content of an infringing, inaccurate, abusive, profane or sexually offensive nature. All content from other parties accessed via the Service is accessed by you and those you have authorized, all at your own risk, and Provider assumes no liability whatsoever for any claims, losses actions, damages, suits or proceedings arising our of or otherwise relating to such content accessed using the Service.

Infringement:

While provider believes strongly in copyright law and other laws that protect the rights of persons transmitting communications within and outside of its network, Provider in most instances merely provides carriage of materials contained in electronic communications, browser software, and access to networks and liabilities or costs (including legal fees) arising out of or in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the equipment, software, or Service by you or a third party infringes the copyright, patent, trademark, trade secret or other industrial or intellectual property rights or contractual rights of any third party.

Assignment:

Neither this Agreement nor any of your rights or obligations hereunder shall be assigned by you, in whole or in part, or by operation of law or otherwise, without the prior consent of Provider. Any attempt to sublicense, assign or transfer this Agreement or any rights of you herein, by any means or in any form, without the prior written consent of Provider shall be null and void. Provider may assign this Agreement to any party controlled by, or under common control with Provider.

Amendment:

No additional terms, consent, waiver, alteration or modification of any provision of this Agreement shall be binding unless in writing and signed by an authorized representative of both parties.

Waiver and Severability:

Failure by either party to enforce at any time any of the provisions of this Agreement shall not constitute a waiver of such provision nor in any way affect the validity of this Agreement of any part thereof the right of the other party thereafter to enforce the provisions hereof. The provisions of this Agreement are severable, and any provision of this Agreement that is determined to void or unenforceable by a court of competent jurisdiction shall not affect the enforceability of the remaining provisions herein, and the remaining provisions shall be enforced as if this Agreement was originally written without the invalid provision.

Force Majeure:

Neither party shall be liable for any delay or failure in performance of this Agreement if caused by an act of God or any factor beyond the control of the party, or as a result of a third party other than Provider or you, including, but not limited to, (a) failure of the other party to comply with its obligations and responsibilities hereunder or to provide materials or information specified herein or (b) failure in operation of the relevant portion of the Internet due to a technology failure (other than arising out of the neglect or mishandling by either party hereunder). In any such event, the date of the party's performance shall be deferred for a period of time equal to the time lost by reason of such act of God or other factor beyond control, provided that the delayed party shall cooperate with the other party in minimizing any adverse impact of such occurrence.

Notices:

All notices required by or relating to this Agreement shall be in writing and shall be sent to the parties to this agreement at their address set forth below or to such other address as either party may substitute by written notice to each other.

Entire Agreement:

This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof and shall supersede all proposals and prior agreements and understandings, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. In the case of any conflict between this Agreement and the any of the Exhibits hereto, the terms and conditions of this Agreement shall control and govern.