TERMS OF SERVICE

THIS DOCUMENT REPRESENTS THE COMPLETE AGREEMENT BETWEEN OPTIMAL HOME SOLUTIONS LLC (OHS BROADBAND ) AND ITS CUSTOMERS. THIS AGREEMENT SUPERSEDES ANY OTHER WRITTEN OR ORAL AGREEMENT BETWEEN THE CUSTOMER AND OHS BROADBAND. CHANGES MAY BE MADE AT ANY TIME BY OHS BROADBAND. ALL STIPULATIONS WILL APPLY TO ALL USERS OF OHS BROADBAND SERVICES. IF YOU USE OHS BROADBAND’S SERVICES, YOU ARE AGREEING TO THESE TERMS THEREAFTER.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE NOTIFY OUR OFFICE AT 304.237.6758 SO WE
CAN CLOSE YOUR ACCOUNT.

101 PROVISION OF SERVICES

101.1 OHS BROADBAND WILL PROVIDE TO THE ACCOUNT HOLDER INTERNET SERVICES IN EXCHANGE FOR PAYMENT
AND THE ACCEPTANCE OF THIS POLICY. THESE NETWORK SERVICES ARE TO INCLUDE WIRELESS ACCESS TO OHS
BROADBAND’S ACCESS POINTS AND A GATEWAY TO THE INTERNET. OHS BROADBAND WILL NOT BE HELD LIABLE FOR LOSSES INCURRED DUE TO SCHEDULED OR UNPLANNED OUTAGES WITH WIRELESS SERVICES.

101.2 THE CUSTOMER IS ENTIRELY RESPONSIBLE FOR PROVIDING A PC OR OTHER COMPUTING DEVICE TO ACCESS
THE SERVICES, ANY NETWORK ADAPTORS NEEDED, AND ALL OTHER REQUIRED EQUIPMENT TO PROVIDE A
TRANSMISSION MEDIUM TO THE WIRELESS EQUIPMENT.

101.3 OHS BROADBAND CANNOT GUARANTEE THE FUNCTIONALITY AND INTEROPERABILITY OF NETWORKING EQUIPMENT PROVIDED BY THE ACCOUNT HOLDER WITH OHS BROADBAND’S SERVICES.

101.4 WITHOUT A SERVICE LEVEL AGREEMENT (SLA), OHS BROADBAND WILL ONLY BE ABLE TO PROVIDE SERVICES
WITH THEIR BEST EFFORTS AND CURRENT RELIABILITY STANDARDS AND METHODS; THERE ARE SEVERAL FACTORS THAT MAY AFFECT THE SERVICES OHS BROADBAND OFFERS AND THERE SHALL BE NO GUARANTEE OR PROMISE OF THROUGHPUT OR RELIABILITY. OHS BROADBAND WILL STRIVE TO PROVIDE THE BEST SERVICE POSSIBLE BASED ON CUSTOMER USAGE AND NETWORK TOPOLOGY.

101.5 OHS BROADBAND WILL PROVIDE ACCESS TO PUBLIC ACCESSIBLE PAGES AND RESOURCES ON AND THROUGHOUT THE INTERNET. IT IS UNDERSTOOD THAT THERE IS INFORMATION INCLUDING BUT NOT LIMITED TO ADULT LANGUAGE, ADULT CONTENT, ADULT TOPICS AND AT TIMES ILLEGAL INFORMATION THAT IS NOT INTENDED FOR ANYONE TO SEE OR DOWNLOAD. PARENTS AND LEGAL GUARDIANS ARE COMPLETELY RESPONSIBLE FOR ANY AND ALL FILTERING AND/OR RESTRICTIONS TO ONLINE RESOURCES WHILE USING OHS BROADBAND’S SERVICES AND OHS BROADBAND IS NOT TO BE RESPONSIBLE FOR THESE ACTIONS. THERE ARE NUMEROUS SOFTWARE APPLICATIONS AND HARDWARE DEVICES AVAILABLE TO HELP RESTRICT THESE OBJECTIONABLE SITES AND IT IS ENTIRELY UP TO THE CUSTOMER TO SETUP AND PROVIDE THESE APPLICATIONS AND HARDWARE. OHS BROADBAND DOES NOT RECOMMEND OR PREFER THE USE OF ANY ONE COMPANY, BUT EACH CUSTOMER SHALL CONSIDER ALL REVIEWS AND CREATE THEIR OWN EXPECTATIONS OF FUNCTIONALITY.

101.6 OHS BROADBAND DOES PRIORITIZE AND USE “QOS” TO DELIVER DEDICATED ACCESS TO THE MOST COMMONLY USED RESOURCES ON THE INTERNET AS WELL AS ON OUR LOCAL NETWORK ON ALL ACCOUNTS. WITH THE CURRENT OPERATIONS OF THE INTERNET, THERE WILL BE AT TIMES SOME PARTICULAR ONLINE SERVICES THAT ARE NOT ACCESSIBLE OUTSIDE OF OHS BROADBAND’S CONTROL. IF IT IS DETERMINED THAT CERTAIN RESTRICTIONS BEYOND REASONABLE MEASURES ARE IMPAIRING THE ACCESS TO SOME ONLINE RESOURCES, THEN OHS BROADBAND WILL MAKE ATTEMPTS TO LOCATE AND REPAIR THE ISSUE(S). IF THE NATURE OF THE IMPAIRMENT IS DETERMINED TO BE LOCATED WITHIN OHS BROADBAND NETWORK, OHS BROADBAND WILL MAKE A REASONABLE ATTEMPT TO FIX THE ISSUE; HOWEVER, IF THE CAUSE OF THE DISRUPTION IS FOUND TO BE OUTSIDE OF OHS BROADBAND’S CONTROL, THEN THE RESPONSIBILITY IS WITH THE CUSTOMER TO CONTACT THE DIRECTORS OR SUPPORT TEAM OF THE RESOURCE THAT DOES NOT APPEAR TO BE FUNCTIONAL.

101.7 OHS BROADBAND DOES NOT AND WILL NOT PROVIDE ANY CENSORSHIP FOR ANY INFORMATION SENT OR
RECEIVED OVER OUR NETWORKS UNLESS SUCH INFORMATION IS CONSIDERED AND FOUND TO BE ILLEGAL IN NATURE. EXAMPLES OF SUCH INFORMATION WOULD BE: FRAUD, CHILD PORNOGRAPHY, HACKING, CRACKING, SPAMMING, VIRUS DISTRIBUTION, PYRAMID SCHEME DISTRIBUTION OR SOLICITATION, AND UN-AUTHORIZED ACCESS TO ONLINE DATABASES, SERVERS, OR COMPUTERS. THE PREVIOUS EXAMPLES ARE NOT ALL THAT WILL BE TAILORED BUT MERELY A REPRESENTATION OF SUCH CRIMES. OHS BROADBAND IS REQUIRED TO PROVIDE ANY AND ALL INFORMATION DEEMED NECESSARY TO AUTHORIZED LEGAL AUTHORITIES IN THE EVENT OF AN INVESTIGATION.

201 USE OF SERVICES

201.1 THE CUSTOMER UNDERSTANDS AND THOROUGHLY ACCEPTS THE FACT THAT OHS BROADBAND WILL CANCEL ANY AND ALL ACCOUNTS WITH OHS BROADBAND IN THE EVENT THEY DO NOT ABIDE BY THIS POLICY. EACH CUSTOMER IS FULLY RESPONSIBLE FOR ALL USERS OF THEIR COMPUTERS AND NETWORKS INCLUDING THE USE OF WIRELESS ROUTERS. FOR THIS REASON, IT IS HIGHLY RECOMMENDED THAT YOU SECURE YOUR WIRELESS NETWORK AND USE A REASONABLY COMPLEX PASSWORD.

201.2 AS NOTED IN SECTION 101.6, THE POLICIES IN THIS DOCUMENT ARE FOR THE MERE BENEFIT OF ALL
CUSTOMERS AND SHALL PROVIDE A FAIR AND EVENLY DISTRIBUTED SERVICE TO ALL CUSTOMERS TO RETAIN A
RESPECTABLE QUALITY OF SERVICE.

201.3 OHS BROADBAND ACCOUNTS ARE CREATED FOR EACH CUSTOMER USING A FIRST AND LAST NAME, THIS PERSON IS DEEMED THE ACCOUNT HOLDER. UNDER NO CIRCUMSTANCES SHALL THE ACCOUNT HOLDER ALLOW
HIS/HER SERVICE TO BE SHARED WITH OTHER COMPANIES OR INDIVIDUALS EXCEPT WITHIN THEIR OWN HOME OR
BUSINESS AND SHALL NOT EXCEED 8 USERS WITHIN A HOUSEHOLD OR BUSINESS (RANGE OF LESS THAN 100 FEET)
WITHOUT EXPRESS WRITTEN AUTHORIZATION TO DO SO.

201.4 OHS BROADBAND’S RESIDENTIAL CUSTOMERS AT NO TIME SHALL RUN ANY FORM OF A SERVER FROM THEIR
CONNECTION; THIS INCLUDES BUT IS NOT LIMITED TO HTTP, FTP, IRC, HTTPS, AND GAMING SERVICE. SPECIAL
CONSIDERATIONS MAY BE AUTHORIZED FOR THE USE OF A SERVER ON OHS BROADBAND’S NETWORK AND SHALL BE DONE SO IN WRITING ON A PER CUSTOMER BASIS. THIS PROVISION DOES NOT APPLY TO IP CAMERAS OR THEIR
ASSOCIATED NETWORKED VIDEO RECORDING DEVICES.

201.5 OHS BROADBAND’S CUSTOMERS SHALL NOT USE OHS BROADBAND SERVICES TO GAIN UNAUTHORIZED ACCESS TO OTHER COMPUTER SYSTEMS OR NETWORKS AT ANY TIME. IF A CUSTOMER IS CAUGHT SNIFFING, PORT SCANNING, USING ANOTHER USER’S PASSWORD, OR EXECUTING ANY PROGRAM THAT MAY REVEAL SECURITY HOLES AND PERTINENT SENSITIVE INFORMATION, THE ACCOUNT WILL BE CLOSED IMMEDIATELY AND YOU WILL NOT BE ALLOWED TO USE OHS BROADBAND’S SERVICES AGAIN.

201.6 OHS BROADBAND’S CUSTOMERS SHALL NOT SEND UNSOLICITED ADVERTISING OR PROMOTIONAL MATERIALS TO ANY OTHER INTERNET USERS OR CUSTOMERS. EMAIL AND CERTAIN NEWSGROUPS MAY ONLY BE USED WHEN DONE SO FOR LEGITIMATE BUSINESS PURPOSES.

201.7 THE CUSTOMER AGREES TO NEVER, UNDER ANY CIRCUMSTANCES, POST MESSAGES TO NEWSGROUPS, MAILING LISTS, OR SIMILAR PUBLIC FORUMS IF ANY OF THE FORUMS REFERENCE TO SUBJECTS NOT DIRECTLY RELATED TO THE PRIMARY TOPIC OF THE POSTING OR IF THE POSTING WOULD BE CONSIDERED OBJECTIONABLE OR
INAPPROPRIATE FOR ANY OTHER REASON. THIS APPLIES TO ALL FORUMS, BUSINESS RELATED OR NOT.

201.8 IF THE CUSTOMER ATTEMPTS TO BYPASS ANY RESTRICTIONS OR REDIRECTS PLACED ON THEIR SERVICE
WHICH IS USED TO ENFORCE A PARTICULAR TYPE OF SERVICE TO THE CUSTOMER THE ACCOUNT WILL BE CLOSED.
MORE CLOSELY DEFINED AS TOS AND ABUSE (THEFT OF SERVICES) AND IS PUNISHABLE BY LAW.

201.9 ANY USE OF OHS BROADBAND’S RESOURCES THAT DISRUPTS THE NORMAL USE OF THE SYSTEM FOR OTHER OHS BROADBAND CUSTOMERS IS CONSIDERED TO BE ABUSE OF SYSTEM RESOURCES AND THE ACCOUNT WILL BE CLOSED AND SERVICE WILL BE DE-ACTIVATED.

201.10 SHALL A CUSTOMER’S ACCESS AND SERVICES BE PLACED ON HOLD OR CANCELLED BECAUSE OF ABUSE IT
MAY BE POSSIBLE TO HAVE THOSE CONDITIONS LIFTED ONLY UPON DISCUSSION WITH OHS BROADBAND EMPLOYEES AND VERIFICATION THAT IT WAS NOT INTENTIONAL. SHOULD THE ABUSE BE DEFINED AS INTENTIONAL THEN THERE WILL BE NO RESTORATION OF SERVICES.

301 BILLING

301.1 DEPENDING ON PAYMENT ARRANGEMENTS MADE AND AGREED WITH OHS BROADBAND, YOU WILL RECEIVE YOUR MONTHLY STATEMENT VIA E-EMAIL. OHS BROADBAND CHARGES FOR THE SERVICE BEING AVAILABLE TO THE CUSTOMER AND NOT ON HOW MUCH THE CUSTOMER USES THE SERVICE. UNTIL WRITTEN OR VERBAL NOTICE IS RECEIVED (TO BE VERIFIED AND NOTED), THE ACCOUNT WILL CONTINUE TO ACCRUE CHARGES AND FEES. SHOULD YOUR ACCOUNT BECOME MORE THAN 30 DAYS PAST DUE, YOUR ACCOUNT WILL BE CANCELLED. SHOULD YOU REQUIRE A RE-ACTIVATION OF YOUR ACCOUNT THERE WILL BE A RECONNECT FEE OF $50.00. LATE FEES WILL BE APPLIED TO DELINQUENT ACCOUNTS AT A RATE OF 10% PER MONTH.

COMPANY/SYSTEM ABUSE POLICY

THE DEFINITIONS OF ABUSE BELOW ARE USED TO EXPRESS THAT ABUSE IS PROHIBITED AND ALL ACTIONS NECESSARY WILL BE TAKEN TO RECTIFY THE MATTER. OHS BROADBAND WILL TERMINATE THE CUSTOMER’S SERVICE IMMEDIATELY AND THE CUSTOMER WILL BE CHARGED FOR ANY RESULTING SUPPORT CHARGES. BELOW ARE ACTIONS THAT ARE DEFINED TO BE COMPANY/SYSTEM ABUSE AND ARE NOT LIMITED TO:

•   ATTEMPTING TO INTERFERE WITH OR PROHIBIT SERVICE TO USERS ON THE NETWORK OR ON THE INTERNET;

•   THE SENDING OF UNSOLICITED E-MAIL MESSAGES ("JUNK MAIL");

•   HARASSMENT, EITHER THROUGH LANGUAGE, FREQUENCY, OR SIZE OF MESSAGES;

•   USING ANOTHER PROVIDER’S SERVICE TO POST ABUSIVE CONTENT PERTAINING TO OHS BROADBAND;

•   THE USE OF ANY OTHER SERVICE OR EMAIL ACCOUNT TO RECEIVE AND/OR FORWARD MESSAGES ON, WHICH DOES NOT COMPLY WITH THE ABOVE AND BELOW ABUSE DEFINITIONS, OR IS IN VIOLATION OF THE OTHER PROVIDER'S POLICIES;

•   ATTEMPTING TO BYPASS USER AUTHENTICATION OR SECURITY OF ANY KIND ON THE NETWORK OR WITH AN
ACCOUNT ON OHS BROADBAND’S SYSTEM OR ANYWHERE ELSE ON THE INTERNET AS A WHOLE;

•   THE RE-SELLING OR SHARING OF OHS BROADBAND’S SERVICES TO ANY OTHER PARTY;

•   ACCEPTING FUNDS FOR OR RECEIVING RECOGNITION BY THE USE OF OHS BROADBAND’S NAME, LOGO, SLOGAN,
MISSION STATEMENT, WEBPAGE(S) OR SERVICE IS CONSIDERED UNLAWFUL AND PROSECUTION WILL BE USED TO ITS FULL EXTENT.

IN THE EVENT OF HARDWARE MALFUNCTION, REPLACEMENT EQUIPMENT WILL BE PROVIDED WITH THE FOLLOWING CONDITIONS:

•   WITHIN FIRST 30 DAYS: ALL PARTS AND LABOR ARE COVERED

•   AFTER 30 DAYS BUT WITHIN ONE YEAR OF INSTALLATION: WIRELESS RADIO TO BE REPAIRED BY OHS
BROADBAND, CUSTOMER CABLING TO BE BILLED $50 PER HOUR, ANY OTHER EQUIPMENT PROVIDED BY OHS BROADBAND AND SOLD TO THE CUSTOMER SHALL BE REPLACED BY CUSTOMER OR PAY OHS BROADBAND TO REPLACE/REPAIR DEFECTIVE EQUIPMENT. CUSTOMER IS TO PROVIDE OR PURCHASE A SURGE PROTECTOR FOR THE POWER CONNECTION. THIS ALSO INCLUDES ANY TIME WE HAVE TO GO ON-SITE TO DETERMINE IF TREES HAVE GROWN IN THE WAY OF YOUR CONNECTION.

FOR A CURRENT COPY OF THIS AGREEMENT PLEASE CONTACT OHS BROADBAND.