MOONBEAM COMMUNICATIONS & EQUIPMENT LLC

TERMS OF SERVICE

NOTICE: THESE TERMS AND CONDITIONS OF SERVICE GOVERN OUR PROVISION AND YOUR USE OF MOONBEAM INTERNET SERVICE. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE INTERNET SERVICE AND CONTACT MOONBEAM’S CUSTOMER SERVICE AT 877-728-0603 TO TERMINATE SERVICE.

NOTICE OF ARBITRATION AGREEMENT: THESE TERMS OF SERVICE INCLUDE A BINDING ARBITRATION PROVISION, AND A WAIVER OF CLASS ACTION LAWSUITS AND JURY TRIALS.

These Terms of Service, along with the Moonbeam Acceptable Use Policy (“AUP”), and the Moonbeam Privacy Policy, (collectively the “Terms of Service”) constitute the Agreement by which Moonbeam Communications & Equipment, LLC (“Moonbeam”) agrees to provide Internet Service (as defined below) to You (“Subscriber”) and You agree to use the Internet Service. Your use of the Internet Service shall be deemed acknowledgment that You have read and agreed to these Terms of Service.

1. Effective Date and Term: These Terms of Service constitute a binding agreement that becomes effective upon the earliest of: (a) your acceptance of the Agreement during an online or other order of the Internet Service; (b) your use of the Internet Service; or (c) your acceptance of any Equipment provided by Moonbeam in connection with the Internet Service. This Agreement continues until terminated in accordance with Section 11 below.

2. Contents of Agreement: The Terms of Service incorporate and include the Moonbeam Residential Internet Services Agreement, (“AUP”) and the Moonbeam Privacy Policy, as they may be changed from time to time, all of which may be found at [moonbeamcommunications.com]. If You change or upgrade your service plan, the term and monthly charges for the Internet Services may change, but all other provisions of this Agreement remain in effect unless specifically modified.

3. Definitions:

(a) “Bundled Service(s)” means a combination of the Internet Service provided under this Agreement and any other service or equipment provided to You by Moonbeam.

(b) “Force Majeure Events” are events that are beyond Moonbeam’s control, including but not limited to: acts of God, fire, flood, riot, extreme weather events, explosions or other catastrophes, epidemics or pandemics; any law, order, regulation, direction, action or request of the United States government or of any other government including state and local governments having or claiming jurisdiction over Moonbeam, or of any department, agency, commission, bureau, corporation or other instrumentality of any one or more of these federal, state, or local governments or of any military authority; preemption of existing Services in compliance with national emergencies, acts of terrorism, insurrections, riots, wars, unavailability of rights-of-way, supply chain and material shortages or unavailability, strikes, lockouts, or work stoppages. Force Majeure events may be a one-time occurrence or may be an event occurring for a continued period of duration.

(c) “Internet Service” means the Internet access service provided by Moonbeam, including any Wi-Fi wireless Internet access services (where applicable), Moonbeam Equipment, Moonbeam Content, related software (“Moonbeam Software”) and any additional internet-related services provided by Moonbeam to which You have subscribed.

(d) “Moonbeam Content” means any content provided by Moonbeam or its affiliates and available through the Internet Service. “Moonbeam Content” does not include any third-party provided content accessible via the Internet Service. Moonbeam has no responsibility for any such third-party provided content.

(e) “Moonbeam Equipment” means any modems, gateways, routers, wireless cards, network interface cards or any other equipment provided to Subscriber by Moonbeam in connection with the Internet Service.

(f) “Subscriber or Third-Party Equipment” means any equipment provided by Subscriber or obtained by Subscriber from a third-party provider for use in connection with the Internet Service. Moonbeam has no responsibility for any such Subscriber or Third-Party Equipment.

(g) “Third-Party Content” means any content accessed or accessible via the Internet Service, other than Moonbeam Content. Moonbeam expressly disclaims any responsibility whatsoever for Third-Party Content, including but not limited to the availability, accuracy, completeness, reliability, nature, substance or any other quality or characteristic of such Third-Party Content.

4. Subscriber Authorization, Account and Responsibilities:

(a) Authorization. You certify that You are at least eighteen years of age and You have the legal authority to enter into this Agreement. You further certify that the name, address and any other identifying or payment information that You have provided to Moonbeam in connection with your account is true and correct, and that you will promptly inform Moonbeam of any changes in that information. You hereby represent and warrant to Moonbeam that You own the operating system software and associated use/license rights thereto for the computers and/or other devices that are or will be connected to the Moonbeam Internet Service through your account.

(b) Account Use. When You complete your registration for the Internet Service, you must select a username and password to be used to access the Internet Service. You are responsible for maintaining the confidentiality and security of your username and password. You agree to comply with all applicable laws, regulations and rules regarding use of the Internet Service on your account, including these Terms of Service and the Moonbeam AUP. You are also responsible for ensuring that anyone who uses the Internet Service through your computer or your access to the Internet Service does so in accordance with the Terms of Service and the AUP. You are responsible for all use of the Internet Service on your account, whether by You or someone using your account with or without your permission, including all secondary or sub-accounts associated with your primary account. You agree to take all reasonable measures necessary to ensure that the Internet Service is not used by another without your consent and to report any unauthorized use of your account, User ID or password to Moonbeam immediately.

(c) Restrictions and Limitations on Use. The Internet Service provided by Moonbeam is a consumer service and is not designed for, or intended to be used for, any commercial purpose. You may not resell, re-provision or rent the Internet Service (either for a fee or without charge), or allow third parties to use the Service via wired, wireless or other means. However, you may connect multiple computers or other devices within a single home to your modem and/or router to access the Internet Service, and you may permit guests to access the Internet through the authorized WiFi capability (if applicable) of your Internet Service. You may not exceed the bandwidth usage limitations that Moonbeam may establish from time-to-time for the Internet Service or use the Internet Service to host any type of server. Violation of this Section may result in suspension or termination of your Internet Service.

(d) Security. Use of the Internet Service to access Internet websites or any other online network or service presents certain risks, including, but not limited to, the risk that others may be able to gain access to or use your equipment or your data, or that of guests using your account. You are responsible for taking all appropriate security measures when using the Internet Service. You are solely responsible for maintaining the security of your computer(s), other device(s) and data, and that of any of your guests, used in conjunction with the Internet Service. Among other things, You are responsible for: (i) protecting your User ID, password and personal information and data; (ii) any encryption of your data; (iii) providing and configuring any “firewall” or security measures for use with the Internet Service; (iv) installation and use of anti-virus, anti-malware, and other software to protect against intrusion by malicious software or applications; and (v) preventing unauthorized access to the Internet Service. You are also responsible for procuring and installing patches and upgrades, including any and all anti-virus and firewall software/hardware and operating system patches, updates, or supplements that may be necessary for the protection and maximum functionality of your computer and related equipment and for the protection of Moonbeam’s network and other subscribers. For purposes of clarification, Moonbeam expressly disclaims any and all responsibility and liability for any damages that may arise from your failure to procure or install the aforementioned security software and/or hardware.

(e) No Warranty. You understand and agree that Moonbeam does not warrant that others will be unable to gain access to your computer(s) and/or data even if You utilize blocking and filtering technologies, nor does Moonbeam warrant that any data or files will be free from computer viruses or other harmful components. Moonbeam has no responsibility and assumes no liability for the protections that You, or any other user of your account, may employ when accessing the Internet, and no responsibility or liability for the failure of any such protections or any other damages that may arise from accessing the Internet.

(f) Payment. You agree that You are responsible for payment of the charges associated with the use of the Internet Services and any Bundled Services. Charges for such services will be billed monthly and will include any applicable: (a) recurring and nonrecurring charges associated with the Service plan you have selected; (b) charges for Bundled Services, if any; (c) taxes, fees and/or surcharges levied on the Internet Services by any governmental unit; (d) setup, installation, recovery, returned check and/or late-payment fees; and (e) equipment charges. Moonbeam reserves the right to charge an additional service fee in the event that Subscriber desires to receive paper invoices delivered by mail.

(g) Accessible Content. You acknowledge and agree that Moonbeam: (i) does not guarantee your ability to access all websites, servers or other facilities, or that the Internet Service is secure or will meet your needs; (ii) is not responsible for invalid destinations, transmission errors, or the corruption of your data; (iii) is not responsible for access by You or any other users to objectionable or offensive content, or content which may be sexually explicit, obscene or offensive, or otherwise unsuitable for children; (iv) is not responsible for the accuracy, integrity, quality, completeness, usefulness or value of any content, advice or opinions contained in any emails, message boards, chat rooms or community services, websites or in any other public services or social networks; (v) does not review, control, or examine the Third-Party Content of websites accessible via the Internet Service and is not responsible for any losses you incur or claims you may have against the owner of third-party websites.

(h) Managing Content. You understand and agree that not all Content may be suitable for all viewers, and users of the Internet Service may have access to Content that may be sexually explicit, obscene, offensive, or otherwise unsuitable or objectionable, especially for children under the age of eighteen (18). You further understand and agree it is your responsibility to impose any restrictions you determine appropriate to limit access to objectionable material, and you agree to supervise usage of the Internet Service. We strongly recommend the use of commercially available content filtering software. You agree that we are not responsible to you or anyone else viewing content or information provided on, or accessed through, the Internet Service for any content that you or others may deem to be objectionable for any reason and you waive any claims against us for any injury or harm relating to such content or the viewing of content. You further understand and agree that we are not responsible for the information or materials accessible via the internet or through use of the Internet Service.

5. Equipment: To use the Internet Service, Subscriber must meet minimum computer, device, in-home network and system requirements:

(a) Subscriber’s Computer and Other Equipment. The personal computer or device that Subscriber uses to access the Internet Service must meet certain minimum configuration standards. Please refer to Attachment A for Moonbeam’s System Hardware Requirements and a list of operating systems that are not compatible with Moonbeam Service. Moonbeam’s System Hardware Requirements and list of incompatible operating systems may change, and although Moonbeam will make reasonable efforts to support previously acceptable configurations, it is not obligated to continue to provide such support.

(b) No Technical Support for Subscriber or Third-Party Provided Equipment. Moonbeam does not provide technical assistance for Subscriber-provided or other third party-provided hardware or software, including, but not limited to, computers, home networks or gaming systems. Any questions concerning third-party hardware or software should be directed to the manufacturer of that product. Moonbeam is not responsible for the operation, support, maintenance or repair of any third-party equipment, software or services that You elect to use in connection with the Internet Service.

(c) No Tampering or Use of Unauthorized Equipment. You agree that You will not connect, and will not permit others to connect, to the cable modem (regardless of whether the modem is provided by Moonbeam, You or a third party) or to any other Moonbeam Equipment, any unauthorized equipment, equipment not intended for consumer use, or equipment that may cause damage to the Moonbeam network. Failure to comply with this restriction may subject You to liability for damages and/or criminal prosecution. You may not alter, modify or tamper with the Moonbeam Equipment or the Internet Service, or permit any other person, not authorized by Moonbeam, to do the same.

(d) Moonbeam Equipment. Moonbeam may supply equipment, such as modems, gateways, routers, or wireless cards, for use by Subscriber in connection with the Internet Services and may assess monthly charges for the rental and use of such equipment. You acknowledge that such equipment is the property of Moonbeam and shall be returned to Moonbeam at the conclusion of this Agreement. You are responsible for Equipment, which is lost, damaged by fire, water, theft or events of Force Majeure. In addition, such equipment may require updates and/or changes to the software resident in the equipment, and You may be required to perform such updates and/or changes. In any event, you authorize Moonbeam to perform updates and/or changes, onsite or remotely from time-to-time as Moonbeam deems necessary, in Moonbeam’s sole discretion.

6. Cable Modems/Routers/Network Interface: You will require a network interface card or adapter providing an Ethernet connection in order to use the Internet Service via a wired connection. Alternatively, you may connect to a router, gateway or other home networking device to use the Internet Service via wireless connection. You may obtain a cable modem and/or router from Moonbeam or may purchase and use a cable modem and/or router at retail from a third party, provided that such retail device has been tested, certified and complies with the performance specifications of the equipment identified in the Moonbeam System Hardware Requirements in Attachment A.

7. Software: Moonbeam may provide You with common Moonbeam or third-party software licensed by Moonbeam (e.g., a browser and plug-ins) to enable and enhance the Internet Service. Moonbeam does not support any other third-party software. Any and all Moonbeam Software is the property of Moonbeam and/or its suppliers and licensors. Moonbeam hereby grants You a nonexclusive, nontransferable license to install and use on your computers, devices, and/or system(s) the Moonbeam Software for use solely in connection with the Internet Service. Your license to use any Moonbeam Software is contingent upon your ongoing compliance with all use and other restrictions contained in these Terms of Service and the AUP incorporated herein. It is a material breach of this Agreement for You to copy, duplicate, reverse engineer or in any way modify, change, tamper with or interfere with any equipment or software provided to You by Moonbeam. Upon any termination or expiration of this Agreement, or the disconnection of your Internet Service, this license will terminate, and You agree to then destroy all copies of the Moonbeam Software that were delivered to You (including by erasing and deleting the Moonbeam Software from your computer system).

8. Additional Features, Functionality and Tools: Any additional service features, functionality and tools that Moonbeam offers may be subject to specific additional terms of use and subject to additional charges, as well as changes or removal at any time by Moonbeam.

9. Monitoring the Internet Service and Privacy: Moonbeam takes the protection of our Subscribers’ privacy seriously. Moonbeam has no obligation to monitor content; however, you agree that Moonbeam has the right to monitor the Internet Service (including, but not limited to, content and Subscriber equipment as it may affect the Internet Service from time-to-time) in accordance with these Terms of Service. For content residing on Moonbeam’s servers, Moonbeam reserves the right at all times and without notice to remove, restrict access to, or make unavailable, and to monitor, review, retain and/or disclose, any content or other information in Moonbeam’s possession about or related to Subscriber, Subscriber’s use of the Internet Service, or otherwise as necessary to satisfy any applicable law, or otherwise to preserve the security of the System or Moonbeam subscribers’ information. For more information on Moonbeam’s approach to Subscribers’ privacy, please refer to the Moonbeam Subscriber Privacy Policy.

10. Rights Infringement: You agree that You will not use, or allow others to use, the Internet Service to send or receive, or otherwise use any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of any other person or entity. This includes, but is not limited to, digitization of music, movies, photographs or other copyrighted materials or software. You must obtain appropriate authorization from such other person or entity prior to sending, receiving or using such materials. You represent and warrant that You are and will be the author and copyright owner and/or an authorized licensee with respect to any hosted content, and You further represent and warrant that no hosted content violates or will violate the trademark, copyright, domain name or intellectual property rights of any third party. Moonbeam assumes no responsibility, and Subscriber assumes all risks regarding the determination of whether material is in the public domain or may otherwise be used for such purposes.

Moonbeam is registered under the Digital Millennium Copyright Act of 1998 (DMCA). Under the DMCA, copyright owners have the right to notify Moonbeam if they believe that a Moonbeam customer has infringed the copyright owner’s work(s). If Moonbeam receives a notice from a copyright owner alleging that Subscriber has committed copyright infringement, Moonbeam will notify Subscriber of the alleged infringement. Moonbeam may determine that Subscriber is a repeat copyright infringer if Moonbeam learns that Subscriber has engaged in online copyright infringement on more than one occasion. Moonbeam reserves the right to suspend or terminate the accounts of repeat copyright infringers.

11. Term: Unless a particular term is specified in the order form submitted by Subscriber and accepted by Moonbeam, Moonbeam Internet Service is provided on a month-to-month basis and may be terminated by either party at any time for any reason by giving notice to the other party. Unless otherwise required by applicable law, such termination shall become effective at the conclusion of the monthly billing period in which the notice is given, and You shall be liable for payment of all charges incurred through the effective date of the termination. In addition, Moonbeam may discontinue or terminate Internet Service for any material breach (including nonpayment) of these Terms of Service, failure to make timely payment for any Bundled Service(s) or a violation of any applicable Moonbeam policy. Moonbeam will not be responsible for the preservation or return of any of your data stored on Moonbeam’s servers, such as web and e-mail servers if your account is suspended or terminated for any reason.

12. Late Fees/Restoration Fees: If You do not make timely payment for the Internet Services or any Bundled Service, Moonbeam may charge a late fee up to the maximum amount or percentage allowed by law in the state of your billing address. In the event that a payment is refused or returned due to insufficient funds or credit, Moonbeam may impose an additional fee or charge. Any such fees imposed for late, returned or refused payments are intended to reflect a reasonable estimate of Moonbeam’s costs in handling such late, returned or refused payment. If Moonbeam suspends or terminates your service because any portion of your bill is not paid by the due date, Moonbeam may charge a fee to restore Internet Service to You. The charges and fees that are applicable to your account are displayed on your monthly bill. If Moonbeam uses a collection agency or pursues legal action to recover monies due, you agree to reimburse us for all expenses we incur to recover such monies, including attorneys’ fees.

13. Network Security and Management: You agree that Moonbeam may block traffic to and from any source, including, without limitation, the deletion of any electronic mail, as it deems necessary to secure its network and/or eliminate spam. Moonbeam may take other actions, in its sole discretion, to manage or protect its network or to benefit the greatest number of its subscribers as identified in Moonbeam’s AUP. Moonbeam may take these actions, with or without notice, in situations where Moonbeam believes, in its sole discretion, that Subscriber may harm the Moonbeam network or disrupt the performance of the Internet Service for other users or where Subscriber is transmitting or is otherwise connected with what Moonbeam considers in its sole discretion to be spam or other malicious code or software. You agree that Moonbeam is entitled to damages if You are transmitting, receiving or otherwise connecting with harmful spam or other malicious code or software.

14. Additional Terms for Moonbeam Home Network WiFi: Moonbeam WiFi supported by the Moonbeam-provided wireless router (“Moonbeam Router”) is a service available to certain subscribers and provides wireless access to the Moonbeam Internet Service within the Subscriber’s residence (“Home Network”) and beyond the Subscriber’s residence, for which Subscriber may be charged a fee consistent with Moonbeam’s then-current practices. The Moonbeam Managed Router comes programmed with certain default settings and configurations for the Home Network. Subscriber may modify the default settings and configurations on the Moonbeam Managed Router, but Moonbeam recommends maintaining the default configuration and settings. Moonbeam does not guarantee the security of the Moonbeam Managed Router and Subscriber’s connection to the Internet Service via the Home Network. Moonbeam Wi-Fi accessed beyond the Home Network may be subject to additional terms and conditions imposed by the respective third party whose network the Subscriber may access. Moonbeam is not responsible for the speed or performance of the Internet Service to the extent accessed by Subscriber on a third-party network. Subscriber understands and agrees that Subscriber is solely responsible for the security of their Home Network and must enable and use encryption in order to access Moonbeam-provided applications.

The Moonbeam Managed Router may collect and maintain certain information regarding access to and use of the Home Network, which information shall include, but not be limited to, device identifiers, device name, device type, applications and protocols, connections, and traffic flows. Such information will be used by Moonbeam solely to provide the Internet Service and support, as well as for Moonbeam’s internal business analytics regarding the use of the Internet Service. You acknowledge and agree that Moonbeam shall have access to the network name and password associated with the Moonbeam Managed Router in order to provide support and diagnostic services. Moonbeam reserves the right to modify the network name and password for the Moonbeam Managed Router in order to safeguard Internet security, the security and privacy of Subscriber’s information, where required by law, and/or for other good cause to provide, upgrade and maintain the Internet Service, and protect the network, other users of the Internet, or our subscribers. You acknowledge and agree that the Moonbeam Managed Router is Moonbeam Equipment.

15. Disclaimer of Warranties and Limitation of Liability:

(a) NO WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT YOU (AND ANY OF YOUR GUESTS) USE THE INTERNET SERVICE AND ANY SOFTWARE AND EQUIPMENT SUPPLIED BY MOONBEAM AT YOUR SOLE RISK. THE INTERNET SERVICE AND MOONBEAM EQUIPMENT (IF APPLICABLE) ARE PROVIDED ON AN “AS-IS BASIS,” WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. MOONBEAM DOES NOT WARRANT UNINTERRUPTED USE OF INTERNET SERVICE. MOONBEAM DOES NOT WARRANT THAT THE INTERNET SERVICE WILL BE ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE, DENIAL OF SERVICE ATTACKS OR OTHER HARMFUL COMPONENTS, EVEN IF COUNTERMEASURES HAVE BEEN DEPLOYED. MOONBEAM DOES NOT WARRANT THAT ANY DATA OR FILES SUBSCRIBER SENDS OR RECEIVES VIA THE INTERNET SERVICE WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE TIME, OR FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO SUBSCRIBER’S COMPUTER. THIS INCLUDES, BUT IS NOT LIMITED TO, INCIDENTS OF FILE SHARING, PRINT SHARING, OR USE OF OTHER MEANS THAT ENABLE INTERNET USERS TO GAIN ACCESS TO SUBSCRIBER’S EQUIPMENT OR TO MONITOR SUBSCRIBER’S ACTIVITY AND CONDUCT WHILE USING THE INTERNET SERVICE.

(b) PROVISIONING. MOONBEAM DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF MOONBEAM HAS ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NUMEROUS FACTORS, INCLUDING NETWORK AVAILABILITY, CIRCUIT AND EQUIPMENT AVAILABILITY, WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS.

(c) ANTI-SPAM SOFTWARE: SUBSCRIBER ACKNOWLEDGES AND UNDERSTANDS THAT MOONBEAM UTILIZES ANTI-SPAM SOFTWARE AND THAT SUCH SECURITY TECHNOLOGY IS A FEATURE OF THE INTERNET SERVICE THAT MAY BLOCK INCOMING AND OUTGOING ELECTRONIC MAIL. MOONBEAM DOES NOT WARRANT THAT SUCH FEATURE WILL BLOCK ALL UNWANTED MAIL/SPAM OR THAT ALL MAIL THAT IS BLOCKED CONSTITUTES UNWANTED MAIL/SPAM. CONSISTENT WITH OTHER STATEMENTS SET FORTH IN THIS SECTION, MOONBEAM DOES NOT WARRANT THAT SUCH FEATURE WILL BE ERROR-FREE.

(d) SECURITY SOFTWARE: IN ADDITION, IN ITS SOLE DISCRETION, MOONBEAM MAY MAKE AVAILABLE TO SUBSCRIBER SECURITY SOFTWARE, SUCH AS ANTI-VIRUS SOFTWARE, FIREWALL SOFTWARE, “POP-UP” ADVERTISING BLOCKING SOFTWARE, PARENTAL CONTROL SOFTWARE, AND ANTI-SPYWARE OR ANTI-ADWARE SOFTWARE FOR SUBSCRIBER’S USE ON SUBSCRIBER’S COMPUTER SYSTEM IN CONJUNCTION WITH THE INTERNET SERVICE. ANY SUCH SECURITY SOFTWARE PROVIDED BY MOONBEAM TO SUBSCRIBER IS INTENDED TO PROVIDE ONLY A MINIMAL LEVEL OF PROTECTION TO SUBSCRIBER’S COMPUTER SYSTEM(S). SUBSCRIBER UNDERSTANDS AND AGREES THAT MOONBEAM AND ITS THIRD-PARTY SUPPLIERS OF ANY SUCH SECURITY SOFTWARE DO NOT GUARANTEE ITS ACCURACY, EFFICACY OR PERFORMANCE. SUBSCRIBER UNDERSTANDS AND AGREES THAT MOONBEAM AND ITS THIRD-PARTY SUPPLIERS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER’S COMPUTER SYSTEM(S) OR THE INFORMATION STORED ON IT THAT MAY RESULT FROM THE SECURITY SOFTWARE OR ITS NON­PERFORMANCE.

(e) THIRD-PARTY SITES: WHEN SUBSCRIBER USES THE INTERNET SERVICE AND/OR ACCESSES MOONBEAM WEBSITES, SUBSCRIBER MAY ENCOUNTER LINKS ALLOWING SUBSCRIBER TO VISIT WEBSITES OPERATED OR OWNED BY THIRD PARTIES (“THIRD-PARTY SITE(S)”). MOONBEAM PROVIDES THESE LINKS AS A CONVENIENCE. THEY ARE NOT UNDER THE CONTROL OR OWNERSHIP OF MOONBEAM, AND MOONBEAM HAS NO RESPONSIBILITY FOR CONTENT ON THOSE SITES. THE PRESENCE OF A LINK TO ANY THIRD-PARTY SITE IS NOT AN ENDORSEMENT BY MOONBEAM OF THE THIRD-PARTY SITE, AN ACKNOWLEDGMENT OF ANY AFFILIATION WITH ITS OPERATORS OR OWNERS, OR A WARRANTY OF ANY TYPE REGARDING ANY INFORMATION OR OFFER ON THE THIRD-PARTY SITE. SUBSCRIBER’S USE OF ANY THIRD-PARTY SITE IS GOVERNED BY THE VARIOUS LEGAL AGREEMENTS AND POLICIES POSTED AT THAT WEBSITE.

(f) BANDWIDTH AND SPEED OF SERVICE. MOONBEAM DOES NOT GUARANTEE THAT ANY PARTICULAR AMOUNT OF BANDWIDTH OR ANY PARTICULAR SPEED OR THROUGHPUT OF INFORMATION WILL BE AVAILABLE TO SUBSCRIBER. SUBSCRIBER UNDERSTANDS AND AGREES THAT THE SPEED OF THE INTERNET SERVICE PROVIDED AT SUBSCRIBER’S SITE MAY VARY DEPENDING UPON A NUMBER OF FACTORS, INCLUDING SUBSCRIBER’S COMPUTER SYSTEM(S) AND ASSOCIATED EQUIPMENT (E.G., SUBSCRIBER-SOURCED WIFI ROUTERS/ACCESS POINTS, ETC.), INTERNET TRAFFIC, AND OTHER FACTORS SUCH AS SYSTEM CAPACITY LIMITATIONS, GOVERNMENTAL ACTIONS, EVENTS BEYOND MOONBEAM’S CONTROL, AND SYSTEM FAILURES, MODIFICATIONS, UPGRADES AND REPAIRS. SUBSCRIBER UNDERSTANDS THAT WIRELESS CONNECTIONS AND USE OF WIRELESS ROUTERS MAY BE SUBJECT TO GREATER FLUCTUATIONS IN SPEED AND LATENCY AND MAY BE ADVERSELY AFFECTED BY INTERFERENCE, CONGESTION, DISTANCE, AND OTHER OUTSIDE FACTORS. SUBSCRIBER FURTHER UNDERSTANDS AND AGREES THAT, TO ALLOCATE BANDWIDTH ACROSS ALL OF ITS USERS, MOONBEAM MAY EMPLOY REASONABLE NETWORK MANAGEMENT TECHNIQUES CONSISTENT WITH MOONBEAM’S AUP AND OTHER APPLICABLE POLICIES.

(g) LIMITATION OF LIABILITY. MOONBEAM’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE INTERNET SERVICE OR ITS SOFTWARE AND EQUIPMENT, OR ANY BREACH BY MOONBEAM OF ANY OBLIGATION MOONBEAM MAY HAVE UNDER THESE TERMS OF SERVICE, SHALL BE SUBSCRIBER’S ABILITY TO TERMINATE THE INTERNET SERVICE OR TO OBTAIN THE REPLACEMENT OR REPAIR OF ANY DEFECTIVE SOFTWARE OR EQUIPMENT PROVIDED BY MOONBEAM TO SUBSCRIBER. IN ADDITION, MOONBEAM SHALL NOT BE LIABLE FOR DAMAGES FOR ANY: FAILURE TO FURNISH, OR THE DEGRADATION OR INTERRUPTION OF, ANY SERVICES; LOST DATA OR CONTENT; IDENTITY THEFT; TV, MONITOR OR SCREEN BURN-IN, MONITOR OR SCREEN WEAR, STUCK PIXELS, OR PHOSPHOR BURN; FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSE. MOONBEAM SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF THE INTERNET SERVICE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, MOONBEAM’S LIABILITY FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO MOONBEAM FOR THE SERVICE DURING THE SIX (6)-MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW.

IN NO EVENT SHALL MOONBEAM BE LIABLE FOR: (A) ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF MOONBEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.

(h) EXCLUSIVE REMEDY. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

16. Force Majeure. Moonbeam shall not be liable for any delay or failure of performance of the Internet Service or Equipment due to one or more Force Majeure events. Moonbeam will not provide notice of Force Majeure events.

17. Complaints and Dispute Resolution: Any complaints concerning the Moonbeam Internet Service or related issues should be directed to Moonbeam’s customer service department at 877-728-0603. Unless prohibited or restricted by applicable law in the Subscriber’s jurisdiction, any dispute that arises and is not resolved through the customer service department shall be resolved through binding arbitration before a single arbitrator under the commercial rules of the American Arbitration Association (unless the parties mutually agree to apply the rules of a different arbitration organization); provided, however, that either party may seek exclusively injunctive or equitable relief (but not money damages) through application to a court of competent jurisdiction.

With respect to any such arbitration, the parties agree that:

A. The party seeking arbitration must give notice of intent to arbitrate to the other party within one (1) year of the date of the occurrence of the event or facts giving rise to the dispute, or the right to pursue the claim is waived.

B. No claim subject to arbitration under this Agreement may be combined with a claim subject to resolution before a court of law or equity. The arbitrator shall be bound by the provisions of this Section and shall not have the power to award any damages in excess of the applicable limits set forth in or excluded under any section of this Agreement.

C. The arbitration will take place in the area in which the Subscriber receives the Internet Service at a location convenient to the Subscriber.

D. Any award of the arbitrator shall be in writing but need not state the reasons for the award unless requested by either party. Judgment upon an award may be entered in any court having competent jurisdiction.

E. Each party shall bear its own expenses and the cost of arbitrator shall be shared; provided, however, before You initiate an arbitration proceeding, you may request that Moonbeam advance on your behalf (1) the arbitration filing fees to the extent they exceed your local small claims court filing fees, and (2) the portion of the arbitrator’s costs for which you would normally be responsible. If Moonbeam wins the arbitration, then in addition to any award by the arbitrator, you will reimburse us for these advances.

F. The parties expressly waive any entitlement to attorneys’ fees or punitive, incidental, consequential, exemplary, statutory or multiplied damages to the fullest extent permitted by law. Claims may be brought on a party’s own behalf, and not on behalf of any official or other person, or any class of people. All parties to the arbitration must be individually named. Consolidated or class action arbitrations shall not be permitted. You agree that You are waiving the right to a trial by jury or to participate in a consolidated or class action.

G. If any clause within this arbitration provision (other than the class action waiver clause identified above) is found to be illegal or unenforceable, that clause will be severed from this arbitration provision, and the remainder of this arbitration provision will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire arbitration provision will be unenforceable, and the dispute will be decided by a court (and not by a jury).

This arbitration provision shall survive the expiration or termination of this Agreement or your receipt of any service(s) from Moonbeam.

18. Amendment: Moonbeam may, in its sole discretion, change, modify, add or remove portions of the Terms of Service at any time. Moonbeam may notify Subscriber of any such changes by posting notice of such changes on Moonbeam’s website under “Terms of Service/Policies,” or by sending notice via electronic mail or U.S. postal mail. The Subscriber’s continued use of the Internet Service following notice of such change, modification or amendment shall be deemed to be the Subscriber’s acceptance of any such modification. If Subscriber does not agree to any modification of the Terms of Service, Subscriber must immediately cease using the Internet Service and notify Moonbeam that Subscriber is terminating the Internet Service. In addition, the Terms of Service are subject to change in compliance with applicable law.

19. Entire Agreement: The Terms of Service shall be posted at [moonbeamcommunications.com], under “Terms of Service/Policies,” and are the only terms and conditions that govern the Internet Service. No undertaking, representation or warranty made by any agent or representative of Moonbeam in connection with the sale, installation, maintenance or removal of the Internet Service shall modify or amend the Terms of Service.

ATTACHMENT A

MOONBEAM SYSTEM REQUIREMENTS AND

LIST OF INCOMPATIBLE OPERATING SYSTEMS

A. MOONBEAM SYSTEM HARDWARE REQUIREMENTS

Use of the Moonbeam internet access service requires: (a) internet connectivity via a Motorola 7310 or 7315 DOCSIS 3.0 modem; (b) a Network Interface Card or USB (NIC) and a CAT5e or CAT6 ethernet cable, if the User desires a hardwire internet connection; and/or (c) a Wireless Network Interface Controller (WNIC), if the User desires a wireless connection to the internet.

B. INCOMPATIBLE OPERATING SYSTEMS

The following operating systems are not supported by Moonbeam and cannot be used with the Moonbeam internet access service:

• Macintosh (Mac) OS 9.0.x or earlier

• Macintosh (Mac) OS 10.0.x through 10.5.x

• Windows Vista

• Windows 7

• Windows 8

• Windows XP

• Windows 3.1

• Windows CE

• Windows ME

• Windows 95

• Windows 98

• Windows NT

• Windows 2000

• Windows 2003 (Server Class)

• Linux

• Linspire

• Non-English language operating systems