This Agreement, effective as of the service startup date, is between California Broadband Services, ("CBS") and Customer. This Agreement sets forth the terms and conditions under which CBS shall provide Internet Access Service ("Service") and related services to Customer. Term of Agreement The term of this Agreement will commence on the date Service is activated and will continue for a period of one year. The term of this Agreement will automatically renew on the terms and conditions set forth herein, unless the Customer delivers to CBS thirty (30) days advance written notice of cancellation. Upon renewal under this provision, the price for Internet access services to Customer will be as stated in CBS' Internet Access Rates price list, in effect at the time of renewal of Service. Service Provider Responsibilities CBS is responsible for Customer's first successful connection to CBS' Internet Access Service. CBS shall make reasonable effort to provide continuous, uninterrupted, expedient and error-free service to Customer. As a community oriented Internet Service Provider, and for the protection of our business customers and their staff, CBS is committed to providing porn-free Internet access for our subscribers. For this purpose, CBS uses the services of a third party to block access to pornography websites from our Service. We also block certain ports on our routers for the prevention of spam, viral spread, and other security risks. Customer Responsibilities Customer is solely responsible for providing, configuring and maintaining all of Customer's equipment (hardware and software), including without limitation, a firewall, spyware protection, virus protection, hard drive backup, and lightning protection. Customer is responsible for his individual login name, and shall not give his password to anyone. Customer assumes responsibility for maintaining up-to-date virus protection. Customer may not use Service for any Mission Critical purposes, which inculudes without limitation: security systems, fire alarm systems, life-support systems, etc. Software CBS makes no warranties for software, express of implied, fitness for a particular purpose, performance, condition, capacity, or otherwise. Any Freeware or Shareware provided by CBS is provided as a courtesy only. Customer assumes all responsibilities with respect to such software, including without limitation the licensing of such software. Additional Technical Support Technical support and programming may be provided to Customer upon request. Termination 1. CBS may immediately terminate or reduce Service to Customer upon any of the following conditions: Failure to make timely payment of service fees, or of additional charges as stated in CBS' Internet Access Rates price list. Misuse of Service (as further described in section below). Violation of any local, state or federal law, including without limitation, FCC, copyright and trademark law, and pornography law. 2. CBS, within its sole discretion, may terminate or reduce Service to Customer for other reasons upon five (5) days written notice. Upon termination, CBS may delete any and all data, files, or other information stored by Customer on CBS's servers. Acceptable Use Policy & Misuse Of Service The definition of Misuse of Service is left to the sole discretion of CBS. Customer gives CBS permission to reasonably monitor their network for misuse of Service, which includes without limitation, the following: 1. Violations and attempted violations of system security. 2. Unauthorized entry into another user's or company's computer, communication devices or resources. 3. Interfering with or disrupting services and/or equipment of other users. 4. Intentional propagation of computer viruses. 5. Sharing of the Internet Access Service beyond the contracted business suite. 6. Use of system when user is not logged in. 7. Spamming activities. Confidentiality While CBS will make every effort to keep materials stored by Customer completely private, it cannot make any guarantee. Communications should not be considered protected under the Electronic Communication Privacy Act of 1994. Assignment Customer may not share, resell, assign, or transfer this Agreement or access to CBS' Service, without written authorization from CBS. Billing Monthly fees are due on the first of the month. Additional billing will be due upon receipt. Payment will be considered delinquent on the fifth day after the due date. CBS may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect balances due, Customer agrees to reimburse CBS for all expenses incurred to recover sums due, including processing fees, attorney fees, and other legal fees. Indemnification CBS cannot control the content, accuracy or quality of information available through its Internet Access Service or the Internet. Customer understands and agrees that temporary interruptions may occur as normal events in the provision of Service. In no event shall CBS be liable to Customer or any other persons for any special, incidental, consequential, or punitive damages of any kind, including without limitation, refunds of fees, loss of profits, loss of income, or cost of replacement services. Customer agrees to indemnify and hold harmless CBS from any and all claims and expenses arising from Customer's use of Service which damages Customer or any third party. General This Agreements supersedes all other written and oral communications or agreements. CBS may modify the terms and conditions of this Agreement in the future upon notice published online, or notice sent by e-mail. Customer has read this Agreement and clearly understands and agrees to the policies and conditions thereof. *California Broadband Services is a division of Encore Business Systems, Inc., a California Corporation.