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Master Service Agreement

This Agreement is between you as our Subscriber ("Customer" or "you" or "your") and Strait ISP Inc. and its affiliates ("Olympic Wi-Fi") and it sets forth the terms and conditions under which you agree to use and we agree to provide the Service.

THIS IS A CONTRACT. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AND CONTACT US IMMEDIATELY TO TERMINATE IT.

The Effective Date of this Agreement shall be when you accept this Agreement.

Acceptance by you of this Agreement occurs upon the earlier of: (a) Olympic Wi-Fi's acceptance of a Service Order signed by you indicating your acceptance of this Agreement; (b) your acceptance of this Agreement electronically during an online order, registration or when installing the Software or the Equipment; (c) your use of the Service; or (d) your retention of the Software or Equipment we provide beyond thirty (30) days following delivery. If you change Service plans, your term and monthly rate may change (depending on the plan you select), but all other provisions of this Agreement will remain in effect unless otherwise noted.

This Agreement consists of the terms below (The Master Service Agreement), plus (a) the specific terms of your Service plan (including the plan's pricing, duration and applicable termination charges); (b) The Service Addendum for your service plan (Attachments A through C) and any applicable Additional Services Terms (Attachment D); and (c) other Olympic Wi-Fi policies referred to in this Agreement, all of which are incorporated herein by reference. This Agreement and related policies are posted online at http://www.olympicwi-fi.com ("Website"). You can also receive a paper copy of this Agreement by writing to: Olympic Wi-Fi, Inc., 461 W Washington St Sequim, Wa 98382, Attention: Customer Service.

Olympic Wi-Fi is committed to providing dedicated, reliable and robust Internet services by providing options that are not offered by other Internet Service Providers (ISPs). By entering this Agreement or subscribing to Olympic Wi-Fi services, Customer understands and agrees to this Master Service Agreement and the Terms of Service applicable to service to which Customer subscribes (collectively, the "Agreement"). Additionally, Customer agrees to be bound by any future modifications or additions to the Agreement for which Olympic Wi-Fi provides notice to Customer. If Customer does not agree with any modification or addition to the Agreement, Customer may terminate Customer's subscription as provided by the Termination Policy set out below. In the case of an inconsistency or conflict between terms and conditions of an applicable Service Addendum and/or Service Order, the governing order of precedence will be (1) the Service Order (2) the Service Addendum, (3) the Olympic Wi-Fi Master Service Agreement.

1. Notices to Customer- Email: Olympic Wi-Fi primarily communicates with customers via email. Customer agrees that sending a message to Customer's OlympicWi-Fi.com contact email address is Olympic Wi-Fi's agreed upon means of providing notification to Customer. All Olympic Wi-Fi Internet services come with at least one email account. Customer agrees that Customer routinely will check this email account, or in the event that Customer has another email account that Customer prefers to use, make arrangements to have Olympic Wi-Fi communications sent that customers existing e-mail. Customer can set up or change Customer's forwarding by logging into the appropriate webmail link at Olympicwi-fi.com. Customer's Olympic Wi-Fi email account is used to communicate vital information about Customer's services, billing, service outages, the Agreement, and enhancements or changes to Customer's existing services and to make Customer aware of products or services that might be of interest to Customer. This information is time-sensitive in nature. Customer is responsible for any communications sent to Customer's contact email, to avoid any potential interruptions in Customer's service.

2. Privacy Policy: Olympic Wi-Fi is committed to respecting Customer's privacy. As explained below, Customer's personally identifiable information will only be used in the context of customer's relationship with Olympic Wi-Fi, including service and billing functions and informing Customer of products and services of potential interest.

On various Olympic Wi-Fi web pages Customer can order services, make requests, and register to receive materials or support. The types of personal information collected at these pages are name, username, contact and billing information, transaction, and credit card information. Data collected online may also be combined with information provided during ownership registration of Olympic Wi-Fi products and services. In order to tailor subsequent communications and continuously improve products and services, Olympic Wi-Fi may ask Customer to voluntarily provide information regarding Customer's personal or professional interests, demographics, product experience, and contact information.

Olympic Wi-Fi will not sell, rent, or lease Customer's personally identifiable information to others. Except as may be required by subpoena, search warrant, or other legal process or in the case of imminent physical harm to a customer or others, Olympic Wi-Fi will only share the personal data the Customer provided with business partners who are acting on Olympic Wi-Fi's behalf to complete the activities Customer requested. In that event, Olympic Wi-Fi's business partners will be governed by Olympic Wi-Fi's privacy policy with respect to the use of this data. Should a company not governed by Olympic Wi-Fi's privacy policy require Customer's personal information, Customer's permission will be initially obtained, unless seeking Customer's permission is inconsistent with legal guidelines or legal requirements. The use of any shared data will be governed by the company's respective privacy policy.

Olympic Wi-Fi uses Customer's information to better understand customer needs and continuously improve the level of service provided. Specifically, Customer's information is used to help complete a transaction, to communicate back to Customer, to update Customer on service and benefits, and to personalize Olympic Wi-Fi's web site. Credit card numbers are used only for payment processing and are not utilized for other purposes.

From time to time, Olympic Wi-Fi may use Customer's information to contact Customer for market research or to provide Customer with information thought to be of particular interest. At a minimum, Customer will have the opportunity to opt out of receiving such direct marketing or market research contact. Where applicable, Olympic Wi-Fi will also follow local requirements such as allowing Customer to opt in before receiving an unsolicited contact.

Olympic Wi-Fi strives to keep Customer's personally identifiable information accurate. Every effort is made to provide Customer with online access to Customer's registration data so that Customer may update or correct Customer's information at any time. Olympic Wi-Fi is committed to ensuring the security of Customer's information. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, appropriate procedures are in place to safeguard and secure the information collected online. Olympic Wi-Fi uses encryption when collecting or transferring sensitive data such as credit card information.

Olympic Wi-Fi may also collect certain non-personally identifiable information when Customer visits Olympic Wi-Fi's web-site. Olympic Wi-Fi accomplishes this through the use of "cookies" or tracking mechanisms that collect this type of information. If Customer does not want this to happen or wants to know when it does happen, Customer's browser should be set to warn Customer or to block cookies (although blocking cookies may affect Customer's use of certain sites). In addition, Olympic Wi-Fi or others may use small bits of code called "one-pixel gifs" or "clear gifs" embedded in some web pages to make cookies more effective.

Olympic Wi-Fi has put in place physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information Olympic Wi-Fi collects online. However, no transmission of data over the Internet is guaranteed to be completely secure. While Olympic Wi-Fi strives to protect Customer's information, Olympic Wi-Fi cannot guarantee or warrant the security of any information Customer transmits to Olympic Wi-Fi. Any such transmission is done at Customer's own risk. Neither people nor security systems are foolproof, and people can commit intentional crimes, make mistakes or fail to follow policies. Although Olympic Wi-Fi takes certain precautions, Olympic Wi-Fi does not guarantee security. Additionally, it may be possible for third parties to intercept or access transmissions or private communications unlawfully. Customer assumes the risk of any failure of security and agrees to do what Customer reasonably can to promote security.

3. Acceptable Use Limitations and Guidelines:

3.1 Bandwidth: As an ISP, Olympic Wi-Fi's financial liability is partially determined by the amount of bandwidth customers utilize. Olympic Wi-Fi can normally balance that cost and utilization while continuing to provide great service to all customers. Customers will not be charged for the bandwidth consumed, nor does Olympic Wi-Fi have specific limits or caps on that bandwidth. However, if Customer utilizes any of Customer's Olympic Wi-Fi services in a manner that consumes excessive bandwidth or otherwise negatively affects Olympic Wi-Fi's core equipment, overall network performance, or other users' services, Olympic Wi-Fi may require that Customer cease or alter these activities.

3.2 Reverse DNS: Olympic Wi-Fi does not allow customers authoritative control of their own reverse Domain Name System (DNS) within the Olympic Wi-Fi.net or Olympic Wi-Fi.org domain.

3.3 Resale of Residential-Class Services: The resale of residential-class services as well as Olympic Wi-Fi Business Voice Services is strictly prohibited. Collection of service fees from third party customers on behalf of a Olympic Wi-Fi residential-class service is allowed only if the primary account holder has subscribed to a service package defined by Olympic Wi-Fi to promote connection sharing of any type. This includes but is not limited to both wireless and wired connection sharing.

3.4 No Disruptions: Olympic Wi-Fi believes in the right of the individual to publish information they feel is important to the world via the Internet. Unlike many ISPs, Olympic Wi-Fi allows customers to run servers (web, mail, etc.) over their Internet connections, use hubs, and share networks in multiple locations. Any service that causes a disruption in the network integrity of Olympic Wi-Fi or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of service. This may include but is not limited to: Internet Relay Chat servers, adult-content servers, bots, web pages hosted on any Olympic Wi-Fi servers, servers connected to a Olympic Wi-Fi provided Internet connection, or shared networks. Olympic Wi-Fi reserves the rights to modify or terminate services at Olympic Wi-Fi's sole discretion.

3.5 Acceptable Use Guidelines: Customer is ultimately responsible for any and all activity that originates from Customer's Internet circuit regardless of Customer's knowledge of such activity. This includes, but is not limited to, activity by employees, visitors and guests or other household members. This also applies to security breaches of Customer's own system by others who launch attacks from Customer's machine. It is imperative that everyone with an Internet connection takes proper precautions to ensure the security of their machine. Customer is liable and accountable for any activity originating from any of Customer's Olympic Wi-Fi account services that is deemed to be in violation of Olympic Wi-Fi's Acceptable Use Policy.

Olympic Wi-Fi vigorously pursues all instances of abuse. If Customer feels Customer has been attacked or spammed, Customer should notify Olympic Wi-Fi's Abuse Department (abuse @ olympicwi-fi.com) so that appropriate action can be taken.

An existing Olympic Wi-Fi customer ("Existing Customer") may not, via phone or online account access, establish a new user associated with his or her account where the person on whose behalf the new user was established ("New Person") would have a reasonable expectation of privacy with regard to the account information, including CPNI, associated with the services the New Person receives from Olympic Wi-Fi. Such a reasonable expectation is present if such New Person would consider himself or herself to be a Olympic Wi-Fi customer, separate and apart from the Existing Customer.

In the event of activity that could be considered deliberately or otherwise abusive or in violation of this Acceptable Use Policy, Olympic Wi-Fi reserves the right to suspend and/or terminate Customer's account and all Olympic Wi-Fi-provided services immediately, without advance notice. Olympic Wi-Fi reserves the right, at its sole discretion, to make a determination of what constitutes abuse and Customer agrees that Olympic Wi-Fi's determination is final and binding on Customer. Olympic Wi-Fi reserves the right to modify or terminate services at Olympic Wi-Fi's sole discretion.

4. The following activities violate Olympic Wi-Fi's Acceptable Use Policy:

4.1 Intellectual Property Rights Infringement, DMCA, Notice to Copyright Agent: Customer may not store material on, or transmit material over, Olympic Wi-Fi's information systems or servers in any manner that infringes the intellectual property rights of any entity or individual. All notices received by Olympic Wi-Fi indicating any activity suspected to infringe upon third party intellectual property rights will be re-routed to the primary account holder on file, accompanied by a request to verify and possibly cease and desist. Olympic Wi-Fi's policy of service suspension or termination of members deemed to be infringing the intellectual property rights of a third party is in accordance with the Digital Millennium Copyright Act ("DMCA") as well as U.S. copyright law.

If Customer believes that Customer's work has been used in a way which constitutes copyright infringement, by reason of the storage of material on Olympic Wi-Fi's system or network or otherwise connected with Olympic Wi-Fi's services, Customer may provide a notice to Olympic Wi-Fi's designated Copyright Agent. The notice must contain all of the following information:

(i) An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;

(ii) Identification of the copyrighted work claimed to have been infringed;

(iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Olympic Wi-Fi to locate the material;

(iv) The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;

(v) A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(vi) A representation that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright infringement claims and notices (but not other notices) should be sent to the attention of Olympic Wi-Fi Network Security in the following manner:

by mail: Olympic Wi-Fi Network Security, 461 W Washington St, Sequim WA, 98382
by phone: 360-681-7050

4.2 Denial of Service: The use of Customer's connection to facilitate any activity that deliberately impairs another entity, individual or machine from accessing its computer or Internet connection is a violation of this Agreement.

4.3 Cracking / "Hacking": Any customer accessing or attempting to access the machines or accounts of others or any other attempts to breach the security of other systems, regardless of success or failure, is a violation of this Agreement. This also applies to unauthorized mail or web relay/proxy access attempts and port scans.

4.4 E-Mail Spam: Transmission of unsolicited e-mail from anywhere within Olympic Wi-Fi's network, distributing unsolicited, commercial, email which advertises any portion of Olympic Wi-Fi's network, IP or domain space, hosting content for the purpose of spamming (such as bulk e-mail distribution lists) or providing support services (such as DNS) for anyone intending to conduct such activity, or otherwise failing to comply with the U.S. CAN-SPAM Act of 2003, is a violation of this Agreement.

4.5 Newsgroup Spam: Posting of messages to newsgroups that are off-topic or mass posting of messages to news groups is a violation of this Agreement.

4.6 Dissemination of Viruses: Intentional release of malicious software that is an attempt to cause damage or harassment to persons and/or machines is a violation of this Agreement. Repeated demonstrated neglect of equipment on the network which causes malicious traffic or allows unsolicited emails containing virus attachments to be sent to other customers or third parties is a violation of this Agreement.

5. Source Addresses: All Internet Protocol datagrams which traverse Olympic Wi-Fi infrastructure are required to have valid information in the source address field of the outermost header. Customer may only emit Internet Protocol datagrams whose source address used in the outermost header satisfies one of the following conditions:

(i) The address has been allocated to Customer by Olympic Wi-Fi.

(ii) Customer has made previous arrangements with Olympic Wi-Fi to permit the use of Provider Independent address space across Customer's connection. Failure to abide by this requirement is a violation of this Agreement.

6. Personnel Abuse: Personal threats, sexual harassment, profanity and vulgarities of any sort directed toward Olympic Wi-Fi personnel are a violation and grounds for termination of this Agreement.

7. Support: The technical support that Olympic Wi-Fi provides is limited to the services that Olympic Wi-Fi provides and assistance with configuring Customer's computer and/or browser and email applications to work with Olympic Wi-Fi's services. Support for other applications and uses is not provided or implied unless specifically contracted.

8. Shell Accounts: Some offered packages include a Unix shell account accessible from any computer in the world that has Internet access. Shell accounts are not automatically created.

For Customer's security, shell accounts that remain inactive for at least 90 calendar days will be disabled. Remaining data may be archived for an additional 90 calendar days. The retrieval of archived shell account data may require a Retrieval Fee if not already deleted.

Programs not associated with a logged-in interactive user are prohibited and will result in termination. This includes but is not limited to bots (for IRC or anything else) and cron jobs. Olympic Wi-Fi reserves the right to limit, restrict or prioritize access to system resources, including CPU time, memory and disk space.

9. Account Information and Password Policy: Upon account creation Customer will receive a username and password and other account information. Customer and members of Customer's business are the authorized users of Olympic Wi-Fi services and must comply with this Agreement. Customer must protect Customer's account by guarding Customer's password carefully. Customer is responsible for all use of Customer's account(s) and for the confidentiality of any password selected by Customer. Olympic Wi-Fi will suspend or modify Customer's account(s) as soon as practicable after notification from Customer that a password has been lost, stolen or otherwise compromised. Customer must notify Olympic Wi-Fi immediately if Customer believes Customer's account may be compromised.

10. Accounts Receivable, Billing and Invoicing: All account payments are processed by Olympic Wi-Fi Broadband Services, LLC.

Olympic Wi-Fi reserves the right to perform a credit/background check as part of the qualification process prior to order placement or at any other time at Olympic Wi-Fi's sole discretion and to either cancel the order without liability to either party or require prepayment of up to 90 days worth of service fees based on the results of this check.

Bill Accounts will be invoiced 3-5 days prior to the start of each regular monthly service period. Exceptions may include the initial or final invoice for a particular service. Payment is due prior to the beginning of the service period billed, as indicated by the invoice's Due Date. All payments will be applied to the oldest unpaid invoice in relation to the Customer account's bill cycle. For example, if the Customer Bill Account's Invoice Date is the 15th of the month and payment remains past due until the 28th, Accounts Receivable will apply Customer's payment back to the previous month, forwarding Customer's Due Date for current charges to the 15th of the following month. Customer will need to make another payment before the 15th to keep Customer's account from becoming past due again. If a payment in any form is recovered or otherwise not paid by Customer's financial institution, there will be a Returned Payment Fee.

11. Account Billing: Billing will commence on Customer's Activation Date (i.e. the day Olympic Wi-Fi's vendor declares Customer's circuit or Voice Services installed, inbound switch completed, Customer's Dialup, Rainmail, Domain Hosting, or other service account created.) Customer will be financially responsible for all service time thereafter unless Olympic Wi-Fi is notified within a timely manner of an outstanding issue which Olympic Wi-Fi deems to justify service credit. All additions to Customer's existing service package are recognized as non-refundable regardless of usage. Service fees may include applicable state and federal taxes and fees in addition to the advertised rate.

Olympic Wi-Fi charges for its service continuously regardless of whether or not Customer is using it because Olympic Wi-Fi continues to maintain Customer's connection, reserve IP space, accept mail and keep files Customer has saved in Customer's account on Olympic Wi-Fi's servers. This is also true of accounts that are Frozen (denied access) due to non-payment.

12. Invoices and Payment: Residential-class Bill Accounts are automatically setup for credit card auto renewal by default, using the credit card information provided during the order process. To update Customer's credit card information or turn on or off the auto-renewal of Customer's account, please visit Olympic Wi-Fi (login required). Olympic Wi-Fi will make every effort to process auto-renew payments from Customer's credit card or checking account 7 days prior to each invoice's due date. Olympic Wi-Fi reserves the right to charge the credit card on file if Customer's check payment is cancelled, fails to process through the Automated Clearing House (ACH), or if Customer's account, regardless of auto-renew status, remains past due.

Business-class Bill Accounts will be mailed a monthly paper invoice free of charge unless alternative billing arrangements have been made. Residential-class Bill Accounts will be invoiced solely via email unless a physical paper invoice is requested for an additional charge per invoice.

13. Late Payment and Billing Disputes: Acceptance of late or partial payments (even if marked "Paid in Full" or with other such verbiage) shall not waive any of Olympic Wi-Fi's rights to collect the full amount of Customer's charges for the Service. Customer must notify Olympic Wi-Fi in writing within sixty (60) days after receiving Customer's Invoice if Customer disputes any Olympic Wi-Fi charges on that Invoice or such dispute will be deemed waived. Billing disputes should be directed to Olympic Wi-Fi in one of the following manners:

Email: support@olympicwi-fi.com
Online: (not yet available)
Telephone: 360-681-7050

Customer agrees to reimburse Olympic Wi-Fi for reasonable attorneys' fees and any other costs associated with collecting delinquent or dishonored payments. If charges cannot be processed through Customer's credit card, Olympic Wi-Fi will charge Customer an additional $25.00. If the state law where Customer receives the Service requires a different fee, Olympic Wi-Fi will charge Customer that amount.

14. Term: This Agreement commences on the Effective Date, and continues through the latest expiration of all Order Form or Service Term(s) subject to this Agreement, unless earlier terminated as provided herein.

15. Termination: Olympic Wi-Fi reserves the right to terminate Bill Accounts that remain past due at its final discretion. Upon termination, services on the account will be discontinued and all files will be removed from Olympic Wi-Fi's servers without further notice. Any applicable Disconnection Fees will be applied and due at that time.

If Customer wishes to reinstate service with Olympic Wi-Fi, Customer will be required to pay all outstanding charges from the inception of Customer's service continuously to the current month, which is always paid in advance. If Customer's account is permanently deleted, Customer's username may be reassigned. If Customer wishes to reinstate Customer's account, Customer will be subject to any and all installation and setup charges in effect at the time of order placement, as well as any pertinent outstanding charges from Customer's former account.

Olympic Wi-Fi has the right to terminate Customer's service at its sole discretion as determined by Olympic Wi-Fi's Acceptable Use Policy. Customers within an active service term that are terminated due to violation of Olympic Wi-Fi's Acceptable Use Policy and Limitations or that are past due will be assessed a standard Disconnection Fee. All customers terminated for any of these reasons are liable for any and all outstanding funds due to Olympic Wi-Fi at the time of service termination, including but not limited to rendered service, hardware and installation fees.

Should Customer opt to terminate Customer's Olympic Wi-Fi service(s), Customer must contact Olympic Wi-Fi via telephone or Olympic Wi-Fi (login required) on the date Customer wishes the termination to take effect. All disconnection requests will be processed on the date the request is received. This applies to both total account and single service terminations. Broadband services are also subject to Olympic Wi-Fi's Disconnection Policy.

Olympic Wi-Fi reserves the right to modify this Agreement and if Customer does not agree with any modification or addition to the Agreement, Customer may terminate Customer's subscription as provided by the Termination Policy set out above. If Customer does choose to terminate Customer's service on the basis of a modification in the Agreement, Customer is responsible for all outstanding funds due to Olympic Wi-Fi at the time of the termination. Monthly service fees will be pro-rated and customer agrees that the Olympic Wi-Fi has the right to determine what is owed in the final invoice.

16. Limitation of Liability and Remedies: Customer assumes full responsibility and risk for Customer's use of the service and of Customer's account. Olympic Wi-Fi is not liable for any costs, expenses, losses, or damages, either general, special, actual, consequential, or incidental, that Customer may suffer or that some other person may suffer and claim against Customer resulting from the following: use, misuse, or service outage; customer provided hardware; Customer's actions or activities, whether legal or illegal; the actions or activities of any other Olympic Wi-Fi customer, whether legal or illegal; or any other goods or services provided by Olympic Wi-Fi or any of its vendors.

If Customer's state laws prevent Customer from taking full responsibility for Customer's use of the service, Olympic Wi-Fi's liability is limited to the greatest extent allowed by law. In any event, Olympic Wi-Fi's liability to Customer under this Agreement or in relation to any matter in any way connected with this Agreement, for any and all types of damages, in no event shall exceed the amount of service fees that Customer has paid to Olympic Wi-Fi in the year preceding Customer's notice of any claim to Olympic Wi-Fi, or the affected period, whichever is greater.

NOTWITHSTANDING ANY OTHER PROVISION HEREOF, OLYMPIC WI-FI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF CUSTOMERS, LOSS OF DATA, INTERFERENCE WITH BUSINESS OR COST OF PURCHASING REPLACEMENT SERVICES) ARISING OUT OF THE PERFORMANCE OR FAILURE TO PERFORM UNDER ANY CUSTOMER ORDER OR THESE TERMS AND CONDITIONS INCLUDING BUT NOT LIMITED THOSE ARISING FROM OLYMPIC WI-FI'S FAILURE TO MEET AN INSTALLATION DATE (EXPEDITED OR OTHERWISE) REGARDLESS OF WHETHER OLYMPIC WI-FI HAS BEEN INFORMED OF THE POSSIBILITY OF THE LIKELIHOOD OF SUCH DAMAGES.

17. Disclaimer of Warranties: Olympic Wi-Fi makes no express or implied warranties (including warranties of title, non-infringement, and implied warranties of merchantability or fitness for a particular purpose), representations, or endorsements regarding its service or related equipment or software, or any third party material available through the service. Furthermore, the service, equipment and software are provided on an "as is, as available" basis -- OLYMPIC WI-FI DOES NOT WARRANT THAT THEY WILL BE UNINTERRUPTED OR ARE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

18. Indemnity: Customer AGREES TO DEFEND, INDEMNIFY, AND HOLD OLYMPIC WI-FI HARMLESS FROM ANY LOSS, DAMAGE AND OR COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM Customer's VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO Customer's ACCOUNT.

19. Governing Law: Customer agrees that this Agreement shall be governed by the laws of Washington with regard to its rules on conflicts of laws.

20. Copyright, Trademark & Unauthorized Use: All Services, information, documents and materials on Olympic Wi-Fi's website(s) are protected by trademark, copyright, patent and other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of Olympic Wi-Fi are and shall remain the exclusive property of Olympic Wi-Fi and nothing in this Agreement shall grant Customer the right or license to use any of such marks.

21. Final Qualification: Olympic Wi-Fi is committed to providing quality Internet services. However, Olympic Wi-Fi is not ultimately responsible for the quality of Customer's actual computer or any modifications Customer makes to any equipment Olympic Wi-Fi supplies. Olympic Wi-Fi is committed to solving Customer's problems but Olympic Wi-Fi is not responsible for failings in individual Operating Systems and custom configuration of Operating Systems, Operating System components, software, network hardware, or inside wiring.

Although Olympic Wi-Fi wishes to provide an equitable solution to every customer, Olympic Wi-Fi reserves final rights in providing service and final discretion in all decisions.

22. Amendment: This Agreement, and any Service Addendum or Service Order, may only be modified or supplemented by an instrument in writing executed by a duly authorized representative of each party if by Customer, or by notice from Olympic Wi-Fi as described herein if by Olympic Wi-Fi. Without limiting the generality of the foregoing, any handwritten changes to a Service Order shall be void unless acknowledged and approved in writing by a duly authorized representative of each party.

23. Use of Name, Logo, Quotes & Case Studies. Customer extends to Olympic Wi-Fi the right to use, copy, transmit, display, and distribute Customer name, logo, quotes, case studies and testimonials in connection with Olympic Wi-Fi products. Such use shall include but not be limited to, sales collateral, websites, PR, advertising and other associated activities involving applicable external communications, using all media known and hereafter developed. Customer will have the pre-approval of all uses of Customer logos, as well as quotes, communication and messaging related to Customer. Customer agrees to provide comments of approval or changes within 48-hours of receipt or request for such approval.

24. Entire Agreement. This Agreement, including any future Service Addendum(s) and Service Order(s) executed hereunder, constitutes the entire and final agreement and understanding between the parties with respect to the Service and supersedes all prior agreements relating to the Service, which are of no further force or effect. The Service Addendums are included below in Attachments A through C and are hereby made integral parts of this Agreement.

25. Service Orders. By signing a Service Order form, Customer agrees to pay all charges incurred on Customers Olympic Wi-Fi Broadband Services, LLC and/or Olympic Wi-Fi, Inc. (Collectively "Olympic Wi-Fi") account(s) as described therein, including any applicable federal, state or local use, excise, sales, privilege taxes, duties, or similar liabilities, by the stated due date and to adhere to all of the terms and conditions stated in the Olympic Wi-Fi Master Service Agreement and its Addendum(s), and promotional offerings and the terms and conditions included with the Service Order and its Appendices (collectively the "Agreement") which are hereby incorporated by reference. Customer also authorizes Olympic Wi-Fi to obtain any credit information necessary and/or Customer proprietary network information, necessary to provision the Olympic Wi-Fi Service and to establish this Olympic Wi-Fi account, and authorizes release of said information by any and all third parties to Olympic Wi-Fi. Further, Customer represents that he/she is authorized to approve and accept the responsibility of the terms and conditions therein.

All initial upfront charges are due and payable by Customer according to the terms and conditions of the Service Order. Delays in payment may result in Service activation delays. Service Order may not reflect all applicable federal, state or local use, excise, sales, privilege taxes, duties, or similar liabilities that may be applicable to the Services or the hardware which Customer will be responsible for paying.

Upon receipt of the Service Order executed by Customer, if Olympic Wi-Fi determines (in its sole discretion) to accept the Service Order, Olympic Wi-Fi will return a copy of the Service Order fully executed with Olympic Wi-Fi's representative's signature. Olympic Wi-Fi will become obligated to deliver ordered Service subject to the Master Service Agreement, its Addendum(s) and the Service Order only if Olympic Wi-Fi has returned to Customer a copy of the Service Order fully executed with Olympic Wi-Fi's representative's signature.

26. Miscellaneous.

26.1 Rebates. Customer may be eligible for equipment rebates. Customer is solely responsible for applying for and collecting any and all such rebates, which may not be used to offset any initial upfront or other charges, including but not limited to charges for hardware and installation.

26.2 Delay. If, at any time after execution of a Service Order, Customer causes a delay in Service installation or port dates, Customer shall be responsible for any additional cost and fees incurred by Olympic Wi-Fi or Customer as a result of this delay.

26.3 Warranty. Olympic Wi-Fi provided equipment may be covered by the original manufacturer's warranty. Olympic Wi-Fi assumes no liability for any equipment, Olympic Wi-Fi provided or otherwise.

26.4 Prepayment For Hardware. For hardware costs exceeding $5,000, Olympic Wi-Fi will schedule the delivery of hardware and provisioning of Services upon Olympic Wi-Fi's receipt of payment from Customer for 100% of the hardware charges and according to the other terms and conditions of this Agreement, its Addendum(s) and Service Order(s).

26.5 Customer Provided Hardware. If Customer has opted to provide its own equipment, Customer will be solely responsible for procuring any firmware licenses and/or updates and Olympic Wi-Fi shall have no obligation to provide such firmware licenses or upgrades.

  
Copyright 2012 by StraitISP Inc. Olympic Wi-Fi