SUBSCRIBER SERVICES AGREEMENT THIS SUBSCRIBER SERVICES AGREEMENT is entered into between airCloud Communications (hereinafter referred to as "airCloud Communications"), and the individual subscriber named below (hereinafter "Subscriber") to provide certain internet access system ("IAS") services to the Subscriber's residence described below (said residenc hereinafter referred to as the "Property") under the following terms and conditions: SECTION 1 Services Provided 1.1 Use of IAS, E-Mail Storage. Subject to the compliance by Subscriber with all Terms and Conditions of this Agreement, and in exchange for recurring payment of subscription fees, Subscriber shall have the right to use the IAS for accessing the Internet, and for sending and receiving e-mail. Subscriber shall have the right to store up to and including ten Megabytes (10 MB) of e-mail data on the airCloud Communications server. Subscriber shall be automatically charged a monthly storage for each Megabyte of data in excess of the Free Storage Amount, as described in Section 3.1 (c) below. 1.2 Technical Support. During the term of this Agreement airCloud Communications shall provide technical support via telephone to Subscriber. The phone number is 925-260-4119. 1.3 Scope of Services. The term "Services" as used throughout this Agreement shall include all services and equipment provided by or through airCloud Communications, including without limitation, internet access, e-mail storage, technical support and the licensing of airCloud Communications or third party software. 1.4 Limitation & Exclusivity of Services. With respect to any software and documentation provided under this Agreement, such software and documentation are provided to Subscriber for use only (I) with the internet access service offered by airCloud Communications in conjunction with the distribution of such software and documentation and (ii) in accordance with the terms of this Agreement. No right or license is granted to use the software or documentation with any other internet access or other network service. Subscriber expressly acknowledges that airCloud Communications reserves and shall have the right to discontinue any and all Services to Subscriber at any time, without prior notice or liability, for any conduct which airCloud Communications, in its sole and unfettered discretion, determines to violate the Agreement or is otherwise harmful to airCloud Communications' interests or the interest of others. SECTION 2 Subscriber's Obligations 2.1 Software and Hardware. Subscriber shall, at its sole cost and expense, procure and maintain the hardware and software for Subscriber's personal computers and related equipment ("Subscriber's PCs") so that Subscriber's PCs are compatible with the LAN ("Local Area Network") which airCloud Communications has installed, and so that Subscriber's PCs are compatible with the IAS. In addition, Subscriber shall be responsible for maintaining the security of its account, password, files, network and user access, and any information Subscriber might disseminate through airCloud Communications Services or other internet services, and for all use of Subscriber's account with airCloud Communications with or without Subscriber's knowledge or consent. 2.2 Use and Conduct. Subscriber agrees to use the IAS in complete compliance with the Terms and Conditions set forth in this Agreement. Subscriber acknowledges that failure to comply with the Terms and Conditions shall give rise to the right of either Property and/or airCloud Communications to unilaterally terminate Subscriber's connection with the IAS, pursuant to the provisions of Section 4 below. In addition, subscriber expressly consents to airCloud Communications' right to download a Property specific web site onto Subscriber's PC Systems in utilization of the Services provided hereunder. 2.3 Representations and Warranties. Subscriber represents, warrants covenants and agrees that he/she will not engage in any of the following types of conduct ("Prohibited Use and/or Activities") in utilizing the IAS: (a) transmitting, receiving, displaying, printing, forwarding, or otherwise disseminating material that is fraudulent, illegal, harassing, offensive, embarrassing, sexually explicit, obscene, threatening, defamatory, or constitutes illegal content of any kind (to the extent permitted by law); (b) uploading, transmitting, receiving, displaying, printing, forwarding or otherwise disseminating material, content, communication, information or software that contains a virus, trojan horse, self replicating code, or other harmful component; (c) uploading, transmitting, receiving, displaying, printing, forwarding or otherwise disseminating material, content, communication, information or software which is protected by patent, copyright, trademark, rights of privacy, or other proprietary rights without first obtaining any necessary permission of the owner of such rights; (d) utilizing the IAS to commit a crime, or to plan, encourage, aid, abet, help or assist others to commit a crime, give rise to civil liability, or otherwise violate any local, state , national or international law, including without limitation, the U.S. export control laws and regulations; (e) utilizing the IAS in such a manner so as to violate the terms and conditions, operating rules or security requirements of any other computer network or interactive service; (f) utilizing the IAS to flood a use group or other online system with unsolicited, inappropriate or unwanted e-mail ("Spam"); (g) utilizing the IAS to send an electronic message or file via the internet in such a manner so as to make the message or file to appear to originate from a false source, such as another internet user or domain altogether ("Spoofing"); and (h) utilizing the IAS to host web servers, proxy servers, or any other Internet server. 2.4 Indemnification. Subscriber agrees to defend (by counsel acceptable to airCloud Communications), indemnify and hold harmless airCloud Communications and their affiliated companies, licensees and independent content providers from all liabilities, claims and expenses, including attorneys' fees, arising from breach, by Subscriber, of the Subscriber Services Agreement or from use of, or in connection with, the transmission by or through the IAS of any Content, including any breach of Subscriber's security on the IAS, other than those caused by the gross negligence or willful misconduct of airCloud Communications, or its employees. Nothing in this Agreement shall interfere with the right of airCloud Communications to retain independent counsel with respect to any such claims or proceedings, at the sole expense of airCloud Communications, and in said event, the obligations of Subscriber shall not be amended or changed thereby, but shall continue as herein above provided. SECTION 3 Payment of Costs and Fees 3.1 Payment of fees. Subscriber agrees to allow airCloud Communications to charge the credit card specified in Schedule A, the following amounts: (a) Set-Up Fees. The costs for the set-up of Subscriber's IAS, establishing the connection from Subscriber's PC to the LAN, and establishing an Internet service for the Subscriber, shall be charged as shown below for each of Subscriber's PCs. Subscriber acknowledges that this fee is non-refundable. (b) Use Charges. Subscriber shall pay for its use of the IAS pursuant to schedule of fees outlined below. Use Charges shall not be modified during the Term. IAS Use Charges for Subscribers who are on a one-month renewable Term may be changed, upon thirty (30) days advance notice to Subscriber; see Section 4A., below for termination rights upon such event. (c) E-Mail Storage Charge. Subscriber shall pay Storage Charges of $ 2.00 per Megabyte per month, in excess of the Free Storage Amount, (as described in Section 1.1, above.) (d) Re-connect Fees. In the event that Subscribers credit card cannot be charged for any reason, airCloud Communications will disable the connection between Subscriber's PCs and the IAS, then Subscriber shall be required to pay a re-connect fee equal to the set-up fee. Termination of the service does not eliminate or reduce the obligation of Subscriber to pay all sums due hereunder incurred prior to termination. SECTION 4 Termination 4.1 Term and Termination for Breach (a) This agreement shall be effective for 12 Months (1 Year) from the date of installation. Subscriber is billed a month in advance for usage. Unless cancelled thirty (30) days prior to the end of a term, the original term of service shall be renewed for an additional one (l) month term in accordance with the terms and conditions of this agreement. (b) By Subscriber. If Subscriber chooses to terminate subscription to the IAS, Subscriber must submit cancellation of service thirty (30) days prior to the end of a term. Any airCloud Communications equipment and/or cables, must be returned to airCloud Communications within ten (10) days of service termination or Subscriber agrees to pay an amount equal to that which is required by airCloud Communications to replace such items at the time of termination. (c) By airCloud Communications. In the event that Subscriber violates the Terms and Conditions of this Agreement, airCloud Communications shall give Subscriber one (1) warning of such violation; upon the second occurrence of any (not necessarily the same) violation, airCloud Communications shall have the right, on one (1) hour notice to Subscriber, to terminate Subscriber's access to the IAS. Any airCloud Communications equipment and/or cables, must be returned to airCloud Communications immediately upon request or Subscriber agrees to pay an amount equal to that which is required by airCloud Communications to replace at the time of termination. airCloud Communications reserves the right to terminate any subscriber (with one (1) hour of notice) that airCloud Communications at its sole discretion, determines to be an abuser to the IAS. (d) Reconciliation of Accounts Upon Termination. In the event that Subscriber's use of the IAS is terminated for any reason, no refund of any fees or credits will be granted. Upon termination, Subscriber shall remain obligated to pay all charges due hereunder up to and including the date of termination. In such event, Subscriber shall have no right to be re-connected, except on terms acceptable to airCloud Communications in their sole discretion. SECTION 5 airCloud Communications' Liability 5.1 Limited Warranty. airCloud Communications or its subcontractors, shall perform all work for Subscriber under this Agreement in a good and workmanship-like manner by qualified personnel, in accordance with manufacturers and/or suppliers standards and specifications, both respecting materials to be used and manner of installation. Subscriber expressly agrees and acknowledges that use of the IAS, e-mail, and the Internet, are at Subscriber's sole risk, and are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. 5.2 No Other Warranties. TO THE EXTENT PERMITTED BY LAW, airCloud Communications DISCLAIMS ALL OTHER WARRANTIES ON THE IAS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. airCloud Communications, ITS EMPLOYEES, AGENTS, SUPPLIERS, VENDORS AND DISTRIBUTORS MAKE NO OTHER WARRANY OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY, OR VALIDITY OF THE DATA AND/OR INFORMATION AVAILABLE ON THE IAS OR SERVICES OR RESIDING ON OR PASSING THROUGH ITS INTERCONNECTING NETWORKS, OR THAT airCloud CommunicationsS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.THE DURATION OF ANY STATUTORILY REQUIRED WARRANTY PERIOD SHALL BE LIMITED TO THE TERM OF THE LIMITED WARRANTY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, DEPENDING UPON WHERE YOU LIVE. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY. 5.3 Exclusive Remedy. Subscriber's exclusive remedy for breach of this Agreement by airCloud Communications, shall be, at airCloud Communications' option, either (a) the repair or replacement of the IAS product that does not meet airCloud Communications' Limited Warranty; or (b) a refund of the subscription fees Subscriber has paid airCloud Communications under this Agreement over the last twelve (12) months. 5.4 Disclaimer of Consequential Damages. UNDER NO CIRCUMSTANCES SHALL airCloud Communications BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING OUT OF THE USE OF THE IAS PRODUCT OR SERVICES OR INABILITY TO USE THE IAS PRODUCT, INCLUDING WITHOUT LIMITATION, COMPUTER FAILURE, WORK STOPPAGE OR ANY OTHER DAMAGES, EVEN IF airCloud Communications HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 5.5 Limitation on Liability. airCloud Communications' LIABILITY SHALL IN NO EVENT EXCEED THE LESSER OF ONE THOUSAND DOLLARS ($1,000) OR THE LAST TWELVE (12) MONTHS OF SUBSCRIPTION FEES PAID BY SUBSCRIBER TO airCloud Communications HEREUNDER. SECTION 6 Governing Law and Dispute Resolution 6.1 Arbitration. The parties agree to submit any dispute arising out of or in connection with this Agreement to binding arbitration in Contra Costa County, Washington, before the American Arbitration Association pursuant to the provisions of this Section 6.1, and, to the extent not inconsistent with this Section 6.1, the rules of the American Arbitration Association. The parties agree that such arbitration will be in lieu of either party's rights to assert any claim, demand or suit in any court action, (provided that either party may elect either binding arbitration or a court action with respect to obtaining injunctive relief to terminate the violation by the other party of such party's proprietary rights, including without limitation any trade secrets, copyrights or trademarks). Any arbitration shall be final and binding and the arbitrator's order will be enforceable in any court of competent jurisdiction. 6.2 Governing Law; Venue. The validity, construction, and performance of this Agreement shall be governed by the laws of the State of Washington, including its conflict of law principles, and all claims and/or lawsuits in connection with this agreement must be brought in Contra Costa County, State of Washington. SECTION 7 Miscellaneous Provisions 7.1 Waiver. The waiver or failure of either party to exercise in any respect any right provided for in the Subscriber Services Agreement shall not be deemed a waiver of any further right. 7.2 Severability. If any provision shall be invalid or unenforceable, the remaining provisions shall not be affected thereby, and every provision hereof shall be valid and enforceable to the fullest extent permitted by law. 7.3 Entire Agreement. This Subscriber Services Agreement is the entire agreement between the parties with respect to the IAS. Nothing may be amended except by an agreement in writing signed by the parties hereto or their respective successors in interest. The rights and obligations of Subscriber shall be governed by and construed in accordance with the laws of the State of Washington. 7.4 Force Majeure. Neither party shall be held responsible for damages caused by any delay or default due to any contingency beyond its control preventing or interfering with performance hereunder. Miscellaneous Information: I understand that the installation performed by airCloud Communications is a one-time service and that the installation is considered completed when a connection is made to the Internet from my computer. In rare circumstances a computer cannot connect despite the best efforts of the airCloud Communications technician. In such a case, the installation will be considered complete if the technician can demonstrate a connection with their computer. The technician will make recommendations to remedy the problem. Any additional on-site installation activity will be charged at the rate of $75 per hour with a $125 minimum. Telephone support directly related to re-installation procedures will be limited to 15 minutes. I understand that I am ultimately responsible for appropriately securing my computer against unauthorized access to it. Since the community network is a public network, similar to any other network, I need to be responsible in assuring security for my system. I Do Not Accept I Accept ATTENTION PLEASANT HILL WIFI USERS: DO NOT SIGN UP HERE! For WiFi access simply connect to the "aircloud-free-wifi" wireless network.

If you're looking for high-speed Internet service for the first time or just frustrated with the service you're getting from the carriers, give us a call! 925-260-4119