Avolve, Incorporated

2845 Canal Drive

Millersport, Ohio 43046

(740) 994-4548 (877) 725-0516

www.avolve.net

SUBSCRIBER AGREEMENT FOR WIRELESS INTERNET ACCESS

This WIRELESS DEDICATED ACCESS AGREEMENT (the “agreement”) is entered into this __________day of ________________month ________year, between

Avolve, Incorporated and ___________________________________(“subscriber”).

Avolve, Inc. will provide subscriber a shared Internet connection for full use up to a transfer limit of _____ gig per month, a up to top download speed of ____ and up to a upload speed of _______ depending on the package with which subscribed. Avolve, Inc. reserves the right to establish incremental service charges for use of its services exceeding stated thresholds as set forth, from time to time. These service charges may be posted on the Avolve Guide Page. Said usage charges will be billed in arrears.

Subscriber agrees to a 1 (one) year service commitment in which initial payment constitutes agreement to this contract document.

Any obstructions that might be erected or grow between subscribers antenna and Avolve, Inc.’s antenna causing degradation or loss of service
Lightning or power surge damage
Debris or ice on antenna
Re-aiming the antenna
Installing hardware and/or software in a different computer after installation
Re-configuration of network settings due to, but not limited to: tampering or re-installation of operating system
Subscriber's computer contracting a virus or SpyWare from any source

I understand that installation fees are non-refundable, due at time of installation and the contract will have a 30 day grace period.

I understand that tree leaves hold water, they absorb signal and that may degrade or disrupt my signal. I may require extra hardware and setup at that time. Avolve, Inc. shall not be held liable for any changes, nor will I be entitled to any type of refund.

This agreement shall automatically be renewed for a successive 1 (one) year term unless terminated by either party, one month prior to the expiration date. Avolve, Inc. reserves the right to change it’s rates for any renewal term by notifying subscriber at least 30 days in advance of the agreement expiration date.

This agreement does not include equipment other than the wireless antenna equipment and mounting hardware which will be provided by Avolve, Inc. for which Avolve will maintain ownership.

Subscriber will be invoiced monthly, in advance for services. All payments are due within 5 days after the date of such invoices. Subscriber’s account(s) may be temporarily disabled until full payment is received. A $15.00 reconnect fee will be assessed on all disabled accounts. Returned checks will be charged a fee of $26.00.

If Avolve, Inc. terminates subscriber for violation of unlawful practices or inappropriate materials, subscriber shall pay, immediately, a lump sum equal to the charges of the remainder of the one-year term of the agreement. If subscriber wishes to terminate the contract, a lump sum equal to the monthly charges of the remainder of the one-year term of the agreement, shall be paid to Avolve, Inc.

Subscriber acknowledges that the Internet is not owned, operated or managed by Avolve, Inc. or any of it’s affiliates and that it is a separate network of computers independent of Avolve, Inc. Subscribers use of the internet is solely at subscribers own risk and is subject to all applicable local, state, national and international laws and regulations. Access to the Internet is dependent on numerous factors, technologies and systems, many of which are beyond Avolve, Inc.’s authority and control.

Avolve, Inc.’s network can only be used for lawful purposes. The transmission of any material in violation of any local, state, national or international law or regulation is prohibited. This includes, but not limited to, copyrighted material, material judged to be threatening or obscene, material protected by trade secret or material that is otherwise deemed to be proprietary or judged unfit by Avolve, Inc.

Subscribers shall not establish Internet servers of any kind, Including without limitation, Web, E-mail, Games, FTP, or the like, without prior written authorization and pricing agreement from Avolve, Incorporated.

Avolve, Inc. specifically disclaims any responsibility for the accuracy or quality of information obtained through the Internet. Avolve, Inc. makes no warranties, expressed or implied, including, but not limited to, loss of data or financial loss resulting from delays, non-deliveries, miss-deliveries or service interruption however caused.

Routine maintenance and periodic system repairs, upgrades and reconfigurations, acts of God, mechanical or electronic breakdowns may result in temporary service impairment or interruption of service. Avolve, Inc. does not guarantee continuous or uninterrupted service. Subscriber holds Avolve, Incorporation, it’s directors, officers and employees harmless from any and all obligations, charges, claims, liabilities, costs and fees incurred as the result of service interruption or loss of service.

Subscriber shall indemnify Avolve, Inc. and affiliates from any and all claims and expenses arising from subscribers' breach of any provision of this agreement.

In the event of litigation, both parties agree that the law of Ohio shall apply and both parties agree to have its venue in Fairfield County, Ohio.

This agreement represents the complete understanding between Avolve, Incorporated and subscriber as to the subject matter hereof, and supersedes all prior written or oral negotiations, representations, guarantees, warrantees or promises.

Avolve, Incorporated

Representative:___________________________________________Date: __________

Subscriber:______________________________________________Date: __________