Coastal Wave L.L.C.
SERVICE AGREEMENT AND
ACCEPTABLE USE POLICY

Introduction. The Service Agreement and Acceptable Use Policy (hereby referred to as .AUP.) is designed to protect both Coastal Wave L.L.C. and its directors, officers, employees, agents, and affiliates (hereby collectively referred to as .Coastal Wave.) and our customers. Please be sure to read and understand the AUP before using any Coastal Wave provided services. If at any time you have questions regarding this AUP, you may e-mail admin@coastalwave.net.

Service. Coastal Wave shall provide Internet connectivity to customer based on service package chosen. Service package may be upgraded or downgraded at any time by customer. Customer may request service termination at any time. Customer understands that balance due at time of termination is non-negotiable and that all past payments to Coastal Wave are non refundable. Coastal Wave provides no warranties or guarantees on the speed, availability, or reliability of provided services. Various factors, including trees, buildings and other obstructions, weather conditions, ice or debris on antenna, Internet congestion, system maintenance or upgrades may cause service degradation or unavailability and are outside of Coastal Wave control. Coastal Wave reserves the right to temporarily reduce or suspend service without notice. Customer shall indemnify and hold Coastal Wave harmless from any and all obligations, charges, claims, liabilities, costs and fees incurred as the result of interruptions or omissions of service.

Equipment. Coastal Wave is not responsible for loss or damage of any kind to on-premise equipment or any customer property. Customer is fully responsible for loss or damage of any Coastal Wave equipment that is installed on-premise. Upon termination of service, customer agrees to return all Coastal Wave owned equipment. Customer agrees to pay full retail cost for all Coastal Wave owned equipment that is not returned in good working condition within 15 days of termination. Customer shall not hold Coastal Wave liable for any loss or damage directly or indirectly caused by installation or use of equipment provided by or for Coastal Wave.

Warranties. Coastal Wave makes no warranty, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose. This includes loss of data, delays, non-deliveries or service interruption. Coastal Wave warrants that equipment and service quality are functioning to acceptable levels and installed to proper guidelines at time of installation. Any loss or degradation of service resulting from natural or manmade obstructions, tree growth, loss of antenna alignment, equipment tampering, adjustments to hardware or software, or any other issues that may occur after installation of service are not warranted by Coastal Wave.

Security. Coastal Wave does not sell or offer any information to third parties. All data, including passwords, log files, raw and other data collected is viewed and used by Coastal Wave personnel, contractors, and affiliates only. Coastal Wave does not make any guarantees on the privacy or security of data, which includes but is not limited to: passwords, e-mail, personal web files, and logs. Data traveling across the Coastal Wave network or to the Internet is not guaranteed secure or unreadable. It is the user.s responsibility to ensure that sensitive data is either transmitted in a secure fashion, or not transmitted at all.

Data. Although Coastal Wave employs sophisticated backup strategies, it is the responsibility of the customer to ensure all important data stored on Coastal Wave servers, such as web pages and data, address books, e-mail data, passwords, images, and other files are properly backed up. Customer must ensure that passwords and other critical information are not given out. Customer shall indemnify and hold Coastal Wave harmless for any loss, delay, unavailability or theft of any type of data stored on customers own computers or network, stored on Coastal Wave servers, or sent over the network.

Transferability. Unless user purchases a package that offers more than one connection, each account is limited to one session at a time. Accounts may not be shared with anybody . they are for use by whoever is listed on the account.s signup form. Coastal Wave actively monitors account use. Any violation of this section will result in charges for extra connections. This charge will be the equivalent in cost to purchasing additional accounts for each unauthorized user. This section is not limited to simultaneous connections.

Compliance with All Laws. The Coastal Wave network may not be used for any activities deemed illegal by federal, state, local or international law or regulation. This includes, but is not limited to, copywrited material, material legally judged to be threatening or obscene, material protected by trade secret, or material that is otherwise deemed to be proprietary. Customer maintains full liability for any unlawful activities.

Unacceptable Conduct. All Coastal Wave systems and networks are utilized by a number of customers. In order to ensure availability and reliability of all resources, customers must refrain from any actions that knowingly degrade network performance of Coastal Wave operated networks, or any other networks that can be accessed through the system. Unsolicited e-mail (.spam.) may not be sent through any Coastal Wave operated networks or equipment. No type of server software may be operated. Any type of software that allows other users of Coastal Wave-operated or other networks to download or access files from a user.s system is deemed inappropriate. Falsifying information or impersonating others is unacceptable. IRC bots are unacceptable. Users may not attempt to gain unauthorized access to any systems or networks, regardless of ownership. Coastal Wave maintains the right to define any network usage as unacceptable. Coastal Wave may choose to handle violations of this section in any way deemed appropriate, including warning, disconnection, or legal action.

Right to Disconnect. Coastal Wave may disconnect or terminate active sessions at any time for any reason. A common cause would be unacceptable conduct, such as running servers, using file-sharing applications, or utilizing excessive resources. Sessions may also be terminated for system or network maintenance.

Compliance with Rules of Other Networks. Users may not violate the terms of any other networks that are accessible through Coastal Wave service.

Privacy. Coastal Wave regularly monitors network usage in effort to ensure availability, reliability, and security. Although Coastal Wave does not intentionally monitor what sites or networks are accessed or who accesses them, we cannot guarantee total privacy of this data. As with our security policy above, internal data is not sold or shared to outside parties.

Cooperation with Authorities. By using Coastal Wave, user agrees to cooperate with any authorities or governing bodies on matters related to inappropriate use of Coastal Wave services. Coastal Wave itself will fully cooperate with the authorities and other governing bodies when necessary and appropriate for any illegal usage of our products or services.

Contact Information. User must provide accurate billing and contact information at service connection. If at any time this information becomes inaccurate, it is the responsibility of the user to inform Coastal Wave of the change.

Payment. User must pay Coastal Wave invoices in a timely fashion to ensure continuation of service. User has 15 days from invoice date to dispute or pay balance. After 30 days, service may be disabled. After 60 days, customers account may be referred to a collections agency.

Rights to Damages. Coastal Wave maintains the right to claim economic damages from users for any inappropriate or unlawful use of Coastal Wave operated networks and equipment, or any breaches of this agreement. Coastal Wave may also take legal actions if deemed necessary and appropriate.

Right to Modify or Change Service. Any information provided by Coastal Wave, including this AUP, policies, service levels, packages, and pricing, are subject to change at any time. In the event of change in the AUP, Coastal Wave will notify all current clients within 7 business days. All other information, either on paper, on a Coastal Wave maintained website, or offered verbally, are subject to change without notice.

Indemnification. Customer shall indemnify Coastal Wave, its affiliates, officers, directors,licensees and licensers from any and all claims and expenses, including, without limitation, reasonable attorney.s fees, arising from Customer breach of any provision of this agreement.

Disclosure. Customer shall not disclose of any of the terms and conditions of this agreement, equipment or service pricing, network or equipment brands or configuration, network topology, or other proprietary information without the prior written consent of Coastal Wave, excluding any information otherwise publicly available. Coastal Wave may refer to customer in printed and online sales and marketing materials.

This agreement is deemed to be entered into the State of Ohio and the parties agree that any dispute arising under this agreement shall have its venue in Ottawa County, Ohio, and any such dispute shall be governed by and constructed in accordance with the laws of the State of Ohio.

This Agreement contains the entire agreement of the parties hereto with respect to the matters covered hereby and supersese any other prior or simultaneous agreement related to such matters.

Agreement last updated September 12, 2003. Please contact Coastal Wave at (419) 732-6427 for information on any additions or changes to this agreement.