DEFINITIONS

a) "Wadsworth Electric and Communications" The department of the City of Wadsworth which provides electric, cable TV, Internet access, and other communications services.

b) "Customer." The purchaser of electric, communications or other services.

c) "Internet Access" high speed data connection to the Internet over the City of Wadsworth Hybrid Fiber coaxial network.

f) "Month." One twelfth of a year, as near 30 days as practicable.

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SERVICE PROVIDED

Wadsworth Electric and Communications will furnish and install facilities necessary to provide access to the Internet, through its HFC cable system, to a personal computer or computers of Customer. Service and equipment are furnished for use by Customer for any lawful purpose. Customer warrants that he/she is at least eighteen (18) years of age. Customer agrees not to resell, redistribute, assign, transfer or sublicense membership in any manner and customer must not allow anyone other than members of customer immediate family living with customer to access the Service using customer name or account. Customer agrees not to use the Service to operate as an Internet Service Provider (ISP) or to operate any other business enterprise in competition with Wadsworth Electric and Communications.

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SOFTWARE SUPPORTED

Internet Access will only assure the operation of the following software: Microsoft Internet Explorer, Netscape Communicator.

The software provided to access the Service, and any enhancements, modifications or revisions thereto (Software), are all copyrighted works and are exclusively licensed to Wadsworth Electric and Communications. Customer is granted a non-exclusive, limited license to use the Software only in conjunction with accessing the Service from authorized locations. Customer does not own the Software or the rights therein.

Wadsworth Electric and Communications assumes no responsibility for installation or assistance with regard to any software currently owned by Customer or purchased by Customer after installation of Internet access.

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SERVICE AVAILABILITY

Service may not be available in all areas of the City of Wadsworth depending on the status of the construction of the HFC system. Service may be temporarily refused, limited, interrupted, or curtailed due to government, regulations or orders, system capacity limitations, limitations imposed by an underlying communications carrier, or because equipment modifications, upgrades, repairs or reallocations or other similar activities necessary or proper for the operation or improvement of Internet access system. Wadsworth Electric and Communications will make reasonable efforts to assure that the Service is available to customer 24 hours per day, seven days per week. It is possible, however, that there will be interruptions of service. If an outage condition is known sufficiently in advance, Wadsworth Electric and Communications will attempt to provide customer with notification. The Service should not affect the video programming portions of customer cable television service. If customer experiences problems with video programming services, customer needs to contact the Wadsworth Electric and Communications local office in the usual manner.

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INSTALLATION

The initial routing of the cables on Customer's premises necessary for the provision of Internet Access shall be in a location agreed to between the Internet Access and Customer. Any relocation of the Internet Access cabling or facilities solely for the convenience or at the request of Customer shall be paid for by Customer. The Customer agrees to furnish necessary right of way upon its premises for the installation of any facilities that may be required to provide Internet Access to Customer and confers upon Wadsworth Electric and Communications the right to enter upon the premises after reasonable notice, for the purposes of installation, maintenance and repair of said facilities and equipment, and that upon termination of the agreement, to permit Wadsworth Electric and Communications to enter the premises for the purpose of removing any additional facilities or lines that may have been required for the original installation.

In order to install certain materials which may be provided to customer in connection with the Service, it may be necessary to open the Home Computer. In addition, it is necessary to install certain software in order to make use of the Service. When software is installed on the Home Computer, the system files may be modified. Wadsworth Electric and Communications does not warrant that the opening of the Home Computer or the installation of software will not disrupt the normal operations of the Home Computer or cause the loss of files. Wadsworth Electric and Communications recommends that customer back up all files prior to installation.

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LIMITATION OF LIABILITY

Wadsworth Electric & Communication’s sole liability for loss or damage arising out of mistakes, omissions, interruptions, delays, errors, or defects in the service or transmission of service provided by Wadsworth Electric & Communications or any underlying communications carrier, or for losses or damages arising out of the failure of Wadsworth Electric & Communications or any underlying communications carrier to maintain proper standards of maintenance and operations shall be as follows:

monthly charges are the monthly charges for access and optional features per access account ID, all as described in the schedule of rates and charges in

effect at the time of interruption. Credit allowance will be based upon the period of the time which such mistakes, omissions, delays, errors or defects in the service or its transmission caused interruptions in the rendering of the service. Any such period of time an interruption occurs will be measured from the time it is reported to Wadsworth Electric & Communications. In the event Customer is affected by such interruption for a period of less than 24 hours, no such adjustment shall be made. When an interruption exceeds 24 hours, the length of the interruption will be measured in 24 hour days. A fraction of a day consisting of less than 12 hours will not be credited, but a period of 12 hours or more will be considered an additional day. The credit allowance will be computed by dividing the length of the service interruption by a standard 30 day month and then multiplying the result by Wadsworth Electric & Communication’s fixed monthly charges for each interrupted access account ID. In no case will the credit exceed the fixed monthly charges.

A credit allowance will not be given for mistakes, omissions, interruptions, delays, errors or defects, or curtailments in the service caused by the negligence or willful act of customers, or other parties, or mistakes, omissions, interruptions, delays, errors, or defects caused by failure of equipment or service not provided by Wadsworth Electric & Communications. The service furnished by Wadsworth Electric & Communications, in addition to the limitations set forth preceding, is also subject to the following limitation: The liability of Wadsworth Electric & Communications for loss or damages arising out of mistakes, omissions, interruptions, delays, errors, or defects in the service, its transmission or failures or defects in facilities of the underlying communications carrier, occurring in the course of furnishing service and not caused by the negligence of the authorized user, or the underlying communications carrier in failing to maintain proper standards of maintenance and operation and to exercise reasonable supervision, shall in no event exceed an amount equivalent to the proportionate fixed monthly charge to the authorized user for service during the period of time in which such mistakes, omissions, interruptions, delays, errors, or defects in service, its transmission, or failures or defects in facilities furnished by Wadsworth Electric & Communications or the underlying communications carrier occurred.

Wadsworth Electric & Communications shall in no event be liable for service or equipment interruptions or delays in transmission, errors or defects in service or equipment, when caused by Acts of God, fire, war, riots, government authorities, default of supplier, or other causes beyond Wadsworth Electric & Communications or any underlying communications carrier's control.

Customer acknowledges that internet systems use public access facilities to transmit voice and data communications and that the service may not be completely private. Wadsworth Electric & Communications is not liable to Customer for any claims, loss, damages or cost which may result from lack of privacy on the system. Customer acknowledges that internet systems may carry material which may be considered abusive, profane or sexually offensive and that Wadsworth Electric & Communications is not liable to Customer for any claims, loss, damages or cost which may result from such material.

Wadsworth Electric and Communications treats private communication on or through its network as strictly confidential and does not access, use, or disclose the contents of private communications. However, the cable network is a shared network used by subscribers to video programming and cables Internet access services. Since the network is shared and beyond the network the Internet does not provide security, others may access or monitor customer traffic. Wadsworth Electric and Communications does not warrant that any data or files sent or received by customer over the network, or communications directed to or received from outside of the network, will not be subject to unauthorized access by others or that other users will not gain access to customers home computer. Wadsworth Electric and Communications has no responsibility and assumes no liability for such acts or occurrences. If customer choose to run applications from customer home computer, which permit others to gain access to it, customer must take appropriate security measures. Wadsworth Electric and Communications is not responsible for and assumes no liability for any damages resulting from the use of such applications. Wadsworth Electric and Communications is not responsible and assumes no liability for damages resulting from other accessing the home computer. Wadsworth Electric and Communications makes no representation or warranty that any software installed on the home computer or which customer may download from the Internet, on-line service provider, or other information provider does not contain any virus or other damaging or destructive attribute. Wadsworth Electric and Communications has no responsibility and assumes no liability for such acts or occurrences. Customer hereby agrees to indemnify and save Wadsworth Electric & Communications harmless against claims for libel, slander, or infringement or copyright from the material in any form over its facilities by Customer or those using Customer equipment; against claims for infringement of patents arising from combining or using apparatus or systems of Customer with the facilities of Wadsworth Electric & Communications or any communications carrier; and against all other claims arising out of any act or omission of Customer in connection with the facilities or service provided by Wadsworth Electric & Communications.

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DISCLAIMER OF WARRANTIES AND LIMITATION OF REMEDIES

Customer acknowledges and agrees that Wadsworth Electric & Communications is not the manufacturer of equipment and internet package software, and Wadsworth Electric & Communications hereby disclaims all representations and warranties, direct or indirect, express or implied, written or oral, in connection with the equipment or service or internet package software (whether purchased or leased by Customer from Wadsworth Electric & Communications or another), including but not limited to any and all express and implied warranties of suitability, durability, merchantability, and fitness for a particular purpose. Wadsworth Electric & Communications, to the extent permitted by law, assigns to Customer any and all manufacturers' warranties relating to equipment or internet package software purchased by Customer, and Customer acknowledges receipt of any and all such manufacturers' warranties. Customer acknowledges and agrees that its sole and exclusive remedy in connection with any defects in the equipment or software, including manufacture or design, shall be against the manufacturer of the equipment or software under the manufacturer's warranties and that Wadsworth Electric & Communications shall have no liability to Customer in any event for any loss, damage, injury, or expense of any kind or nature related directly or indirectly to any equipment or software or service provided hereunder. Without limiting the above, Wadsworth Electric & Communications shall have no liability or obligation to Customer, in either contract or tort, for special, incidental, or consequential damages of any kind incurred by Customer, such as, but not limited to, claims or damages for personal injury, wrongful death, loss of use, loss of anticipated profits, or other incidental or consequential damages or economic losses of any kind incurred by Customer directly or indirectly resulting from or related to any equipment or service or software described hereunder, whether or not caused by company's negligence, to the full extent same may be disclaimed by law. Any references to equipment or software in this paragraph shall be deemed to apply to all equipment or software purchased by Customer or leased by Customer from Wadsworth Electric & Communications or another Lessor.

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INDEMNIFICATION AND RELEASE

Customer agrees to release, defend, indemnify and hold harmless Wadsworth Electric & Communications, its officers, and employees, and contractors to the full extent permitted by law from and against any and all claims, damages, liabilities and expenses, including legal and attorney fees, of any nature arising directly or indirectly out of these Rules and Regulations, including, without limitation, claims for personal injury or wrongful death to Customer or users of the equipment, products or services provided by Wadsworth Electric & Communications or sued in conjunction with such equipment, products or services provided by Wadsworth Electric & Communications and arising out of the manufacture, purchase, operation, condition, maintenance, installation, return or use of the equipment or service, or arising by operation of law, whether the claim is based in whole or in part on negligent acts or omissions of Wadsworth Electric & Communications, its agents or employees.

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OPERATING RULES

Customer agrees not to publish on or over the internet content which violates or infringes upon the rights of any other. If Wadsworth Electric & Communications is challenged by any third party regarding the suitability of Customer's content, Wadsworth Electric & Communications may at Wadsworth Electric & Communication’s sole discretion delete Customer's content from the internet service. Customer agrees not to send unsolicited electronic mail to Wadsworth Electric & Communication’s customers without Wadsworth Electric & Communication’s explicit written permission for each instance of communication. Customer agrees to accept electronic mail communications from the Wadsworth Electric & Communications from time to time in the interest of providing timely information about the services provided by Wadsworth Electric & Communications. Customer shall have the right to not have their electronic mail address published on the Wadsworth Electric & Communication’s website, but shall not have the right to be excluded from the occasional electronic mail communications from Wadsworth Electric & Communications relative to the status of its services or other information deemed by Wadsworth Electric & Communications to be vital to residents of Wadsworth.

Customer acknowledge that some areas of the Service contain material that is unsuitable for minors, and customer agree to supervise and be totally responsible for the conduct of any minors who may access the Service under customer account, whether authorized under this Agreement or not. Wadsworth Electric and Communications does not endorse nor is responsible for any statement, opinion, and advice given or made on the Service by anyone other than authorized Wadsworth Electric and Communications spokespersons.

Except where and when specifically permitted, customer may not upload or post:

• Any files, text or data anonymously or under a false name
• Any files, text or data that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, defamatory material and/or trademarks or service marks used in an infringing fashion
• Any files which contain viruses, worms, "Trojan horses" or any other contaminating or destructive properties.

While Wadsworth Electric and Communications supplies access to the Internet, it is not the publisher of any information provided by others through the Internet. Wadsworth Electric and Communications does not review, censor, or monitor and is not in any manner responsible for any programs or content sent or accessed over the Internet or made available by any individual, user, information provider, on-line service, or content provider. Such content or programs may include, but are not limited to, programs or content of an infringing, inaccurate, abusive, profane, or sexually offensive nature. All content from other parties accessed via the Service is accessed by customer and those customer have authorized, all at customer own risk, and Wadsworth Electric and Communications assumes no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such content accessed using the Service.

Customer Use: Customer agree not to use the Service or any equipment or software provided by Wadsworth Electric and Communications:

• For any illegal purposes
• To achieve unauthorized access to any computer systems
• To achieve unauthorized access or distribution with regard to any software, data, or material protected by copyright, patent, trademark, or trade secret law
• To copy, distribute or sublicense any software provided by Wadsworth Electric and Communications, except that customer may make one copy of each software program for back-up or archival purposes only
• For excessive data transfer which interferes with the experience of other users
• To interfere with access to the Internet by other customers or disrupt the network used by Wadsworth Electric and Communications
• To harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another user
• To post or transmit any unsolicited advertising, promotional materials or other form of solicitation to other customers, except in those areas that are designated for such a purpose
• To post or transmit any sexually explicit, hateful, vulgar, threatening, abusive, harassing, defamatory, or racially, ethnically or otherwise objectionable material that is not constitutionally protected free speech

In the event of customer violation of any of the above, Wadsworth Electric and Communications reserves the right, in its sole discretion, to take any one or more of the following actions:

• Remove those materials that violate these policies
• Hold customer liable for any damages resulting from the violation of these policies
• Terminate this Agreement and customer continued purchase of the Service.

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FEES AND CHARGES

The Customer shall pay Wadsworth Electric & Communications the full monthly service charge applicable to the service rendered,

which amount shall be due as shown on the billing statement from the City of Wadsworth each month.

Monthly service charges shall be determined as per the schedule of rates applicable to the services for which the Customer has applied and received, and is subject to change without formal notice by Wadsworth Electric & Communications to the Customer.

Installation fees are due at the time of installation. Monthly charges are due in advance upon receipt of customer bill. A late fee, collection charge and other cost associated with collection activity may be assessed for any delinquent account. Wadsworth Electric and Communications may terminate service without notice on any delinquent account and should service be reinstated, a reconnection charge will apply. Customer will be responsible for all expenses (including reasonable attorney’s fees) incurred by Wadsworth Electric and Communications in collecting any unpaid amounts due in accordance with this Agreement.

Charges for On-line Services/Internet Transactions: Through use of this Agreement customer may access certain information, products, and services from persons other than Wadsworth Electric and Communications for which there is a charge, including certain on-line services such as America Online and CompuServe. Customer agree that all such fees or charges for on-line services, products, or information are customers sole responsibility and not the responsibility of Wadsworth Electric and Communications.

Customer is also advised that customer is solely responsible for protecting the security of customers credit card or other financial information form unwanted or unauthorized charges for Internet based transactions. Wadsworth Electric and Communications does not endorse or warrant any third party products, services or content that are distributed or advertised over the service.

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SEVERABLE PROVISIONS

If any part of these Rules and Regulations are contrary to or prohibited by or deemed invalid under applicable laws and regulations of any applicable jurisdiction, the remaining provisions and parts thereof shall remain and be construed in full force and effect to the extent permitted by law.

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TERMINATION

Services to Customer may be discontinued at any time by Wadsworth Electric and Communications upon failure of Customer to pay any charges due for these services, or, immediately, whenever, in the sole discretion and determination of Internet Access, such discontinuance is in the best interest of other customers, such as interference with the system of Wadsworth Electric & Communications caused by the condition or operation of Customer facilities or system. Upon termination of services hereunder, for whatever reason, and by whomever, Customer shall promptly deliver back to Wadsworth Electric & Communications any property leased or rented by it from Wadsworth Electric & Communications. Wadsworth Electric and Communications does not visit customer home upon termination to restore or reconfigure customer home computer.

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ASSIGNMENT.

Neither this Agreement nor any of customer rights or obligations hereunder shall be assigned by customer, in whole or in part or by operation of law or otherwise, without the prior written consent of Wadsworth Electric and Communications. Any attempt to sublicense, assign or transfer this Agreement or any rights of customer herein, by any means or in any form, without the prior written consent of Wadsworth Electric and Communications shall be null and void. Wadsworth Electric and Communications may assign this Agreement to any party controlling, controlled by or under common control with Wadsworth Electric and Communications.