The Agreement between you (“Customer”), and SW Holdings, LLC d/b/a East Coast WiFi, (“East Cost”), consists of this document and the Service Order (collectively, the “Agreement”). Customer acknowledges receipt of this Agreement and the Purchase and Service Order. Collectively they describe: the high speed wireless data communications service to be provided to Customer, (the “Service”); the address or location to which Service is to be provided; the wireless access device(s) and any other Equipment that East Coast is to provide to the Customer; any licensed software to be loaded on the Equipment supplied by East Coast (the equipment and software collectively, the “Equipment”); the cost of the Service; and other terms and conditions of that Service. The Agreement defines East Coast’s obligations to Customer, and Customer’s obligations to East Coast. This Agreement governs the entire relationship between East Coast and Customer.

SPECIFIC CREDIT CARD TERMS

As a convenience to the Customer, East Coast accepts one-time and recurring credit card payments exclusively via its website. The specific terms of credit card acceptance are in this Customer Service Agreement. The Customer agrees to be bound by the entirety of the following Agreement specifically but not limited to: Cancellation, Permissions, Replacement Equipment Cost and Return and Chargebacks/Disputes. Nothing in this paragraph shall be considered an addition to the entirety of the Agreement except to bring the Customer’s attention that such terms exist in the following paragraphs and to comply with Credit Card Rules. By clicking the “I Agree” check box under the Payment page on the East Coast website, Customer agrees to be expressly bound to the following Terms and Conditions of the Agreement.

CUSTOMER SERVICE AGREEMENT

1. WARRANTY OF LEGAL COMPETENCE. Customer warrants that Customer is at least eighteen (18) years of age and legally competent to enter into this Agreement.

2. ACCEPTANCE OF TERMS OF AGREEMENT. Customer shall be considered to have accepted and be bound by this Agreement if Customer does one or more of the following:

A. Signature on Purchase Order or Service Order. Provides East Coast with a written or electronic signature on a Purchase Order or Service Order;

B. Electronic Signature. Otherwise indicates electronically that Customer requests Service and accepts this Agreement;

C. Uses Service. Uses Internet Service through the Equipment; or

D. Pays. Pays an East Coast invoice, or, utilizes the web portal for one-time or recurring credit card payment.

3. TERM. The term of this Agreement shall be controlled by the provisions of this Paragraph.

A. Initial Term. The initial minimum Term of this Agreement shall be as set forth on the Purchase Order or Service Order.

B. Continuing Term. In the event there is no Term set forth on the Purchase Order or Service Order, or, after expiration of any initial Term, the Term shall be month to month.

C. Commencement of Term. The Term begins upon installation of the Service.

D. Snow Birds. After an initial six (6) month period of Service, Customer may elect to go on inactive status for up to six (6) months per year at the reduced monthly charge of Fifteen ($15.00) Dollars per month, payable in advance, providing Customer’s account has been in good standing, without late payment or suspension, for the previous six (6) months. This option is not available for Extended Network customers.

4. INSTALLATION. Installation of Equipment shall be subject to the following terms and conditions.

A. Permission. Customer warrants that Customer either own the premises at the location given in the Purchase Order or Service Order, or, that Customer has received written permission from the owner of the premises to make any changes to the premises needed, required, and/or necessary to install and power the Equipment and receive the Service.

B. Apartments. In the case of an apartment, Customer warrants that Customer has confirmed that placement of an access device, (including antenna, if needed), in a common area, is not in violation of any terms of Customer’s lease, and/or that Customer has received permission from the building owner, or owner’s agent, for installation of East Coast’s Equipment.

C. Condominiums. In the case of a condominium, Customer warrants that Customer has confirmed that placement of an access device, (including antenna, if needed), in a common area, is not in violation of any terms of the covenants or restriction of the condominium regime and/or by-laws, or that Customer has received permission from the home owners association or condominium management company for installation of East Coast’s Equipment.

D. Access. Customer hereby authorizes and grants permission to East Coast, or its contractors, to install the Equipment necessary to receive the Service. Customer further grants permission and agrees to allow East Coast, or its contractors, access to the premises to install, maintain, repair or repossess the Equipment.

E. Permission Irrevocable. Any permission granted East Coast pursuant to this Agreement shall be irrevocable.

F. Custom Installation. Customer agrees that any requested custom installation, including but not limited to placing cable inside interior walls, under moldings, in cabinets, under carpets, or connecting any device belonging to Customer, shall result in additional charges of Eighty-Five ($85.00) Dollars per hour, plus materials.

G. Cable Trenching. Customer agrees that East Coast, as a courtesy to Customer, may provide trenching services. Trenching services will be provided on a case-by- case basis based on the availability of a East Coast technician, availability of a East Coast trencher and environmental conditions. Cable Trenching, if not completed by East Coast is the sole responsibility of Customer. Should East Coast fail to provide trenching services expeditiously, Customer agrees the only Remedy is to have the trench completed by a third party at the expense of Customer. East Coast, as a courtesy to Customer, may provide subsequent trenching services in the event East Coast’s cable needs to be replaced. Should East Coast fail to provide trenching services expeditiously, Customer agrees the only Remedy is to have the trench completed by a third part at the expense of Customer. Customer agrees that Customer is solely responsible to contact Miss Utility and further mark any lines that Miss Utility fails to mark. Trenching services performed by East Coast are performed on a BEST EFFORT, AS-IS basis.

5. SERVICE. The quality of the Services provided by East Coast under the terms of this Agreement shall be subject to the following terms and conditions.

A. Standard Service. Unless specifically provided to the contrary, in a Purchase Order or Service Order, Customer shall receive Standard Service, which is sufficient for usual residential use.

B. Upgraded Service. Subject to availability, which is determined by the use of the tower servicing the Customer, and for additional cost, East Coast may offer Upgraded Service that provides faster internet speed.

C. Availability of Upgraded Service. East Coast will make every effort to satisfy all Customer requests for Upgraded Service. However, as stated above, Upgraded Service is subject to availability and may or may not be available to the Customer.

D. Resumption of Upgraded Service After Lapse. In the event Customer shall elect to suspend Upgraded Service after it is provided, any Customer request for resumption of Upgraded Service, shall be subject to availability and may or may not be satisfied by East Coast.

E. No Warranty of Quality or Availability of Service. East Coast makes no warranty or representation of the quality or availability of the WiFi Service provided to the Customer pursuant to the Service.

F. Interruptions of Service. East Coast shall not be responsible for interruption in service resulting from Equipment failures or defects; network problems or 5 deficiencies; problems stemming from unauthorized access to the Service; acts of any government or adoption of any subsequent law or regulations; fires, rains, floods, or unusually severe weather conditions; epidemics, quarantine restrictions, hazardous environmental conditions; strikes, and freight embargoes; inability to obtain materials or services; war, and/or terrorism; alien invasion, and/or default of East Coast’s Sub-contractors.

G. Limitation on Liability for Disruption of Service. East Coast’s liability for Service disruption, regardless of cause, is limited to a credit proportional to the charge to the Customer for the period of Service disruption or other credit specified in a Purchase Order or Service Order. Such compensation aside, and to the extent permitted by applicable law, East Coast shall not be liable for any direct, consequential, incidental, special or other indirect damages, economic loss, personal injury, or property damages sustained by Customer or any third parties as a result of any interruption of Service for any reason.

H. In the event East Coast, by Federal, State, or Local Mandate, Executive Order or other Instruction is unable to suspend or terminate service for non-payment, East Coast reserves the right to throttle speeds on accounts that are past-due until such time as the Customer brings the account current.

I. Technical Support. Telephone technical support is normally available to East Coast customers at no additional cost. Telephone technical support is not available to transient hotspot customers. This support is available 24 hours a day 7 days a week on a best-effort basis. Customer expressly understands that to receive this service Customer must A. Be on site at the location of the East Coast equipment B. Willing to work with East Coast Representative to troubleshoot and resolve any issue. C. Expressly agrees to wait for a call-back from the East Coast Representative in the time-frame stated when calling in. and D. In the event the Customer is transferred to a higher tier of support, Customer expressly agrees to use the “callback option” for a returned phone call. Failure to follow these guidelines may result in Customer to lose use of technical support privileges except during normal business hours and on a call-back basis and/or at East Coast’s sole discretion, be charged $15 per phone call for calls that violate the East Coast guidelines for technical support.

6. CANCELLATION. Cancellation of the service shall be subject to the following terms and conditions:

A. East Coast’s Right to Terminate. In addition to the bases for termination by East Coast for cause, as set forth in Paragraph 26, upon thirty (30) days email notice, East Coast may terminate this agreement for any reason East Coast believes is in East Coast’s best interest, including, East Coast’s inability to honor East Coast’s obligations under this Agreement. In the event East Coast elects to terminate this Agreement, at East Coast’s option, Service shall be terminated immediately and a prorated invoice or refund issued, or, Service shall be terminated effective on the last day of the next billing month.

B. Customer’s Right to Terminate. Customer shall be permitted to terminate this Agreement upon thirty (30) day’s notice to East Coast by email or certified mail. Any termination by Customer shall become effective upon the last day of the next billing month. In the event Customer elects to terminate this Agreement or request to move service to a different location, within the first three (3) years of service, Customer shall be liable to East Coast for any installation fees that were waived by East Coast for promotional, special, or any other reason(s).

C. Customer Abuse. East Coast reserves the right to special remedies for any instance of Customer Abuse. Customer Abuse is defined as, but not limited to: Threats of Physical Harm or Violence, Inappropriate religious, cultural or racial insults, Homophobic, sexist or other derogatory remarks, abusive words, including profanity, directed at the person of the East Coast representative, excessive calls to technical support or any East Coast representative. Excessive is defined as calling repeatedly without waiting for a East Coast Representative to call back within the timeframe specified by the representative. First warning: East Coast will verbally warn Customer to cease the identified form of abuse. Second warning: East Coast will terminate the phone call or ask Customer to leave the East Coast premises. Third warning: East Coast will request all future communications by handled via Email. East Coast reserves the right, if in East Coast’s opinion, the Customer is excessively abusive, to immediately terminate services without refund.

7. MONTHLY CHARGES FOR SERVICE. The monthly fee for services shall be set forth on the first Invoice and shall remain in effect for the first year of service.

A. Initial Partial Month Prorated. The charges for the first partial month of service shall be prorated from the date of activation or installation, whichever shall first occur, until and through the last day of that month.

B. Modification of Monthly Charges. After the initial term, East Coast shall have the right to modify the monthly charges by thirty (30) days notice to the customer. At no time, and under no circumstances, shall Customer have the authority or right to modify the monthly charges by any methods or means.

C. Recurring Credit Card Payments: East Coast processes recurring credit card payments on the 15th of each month at midnight via automated credit card processor. East Coast reserves the right to charge, without notice, any amount owed by Customer, to the Customer-provided credit card unless otherwise Agreed in a Payment Plan, in writing, between East Coast and Customer.

8. EQUIPMENT. Customer’s use and return of the Equipment shall be subject to, in accordance with, and in compliance with the following terms and conditions.

A. Ownership. Any and all Equipment supplied by East Coast or acquired by East Coast, installed at the commencement of service, or thereafter, under this Agreement is, and shall remain, the exclusive property of East Coast.

B. Equipment. By paying the installation charge and/or first invoice, Customer acknowledges proper, workmanlike, successful installation and initial operation of the Equipment that is described and set forth on the Purchase Order or Service Order.

C. Care of Equipment. Customer shall use all reasonable and diligent care to avoid damaging the Equipment. Customer agrees not to alter, modify, sell, license, lend, assign, encumber, relocate, move, or tamper with the Equipment.

D. Return of Equipment in Working Order. Upon the Termination or expiration of this Agreement, or the Termination or disconnection of Customer’s Service by East Coast, it is the responsibility of Customer to return all Equipment to East Coast in good working order.

E. Removal and Return of Equipment by Customer. Customer may, at Customer’s option, remove and return the Equipment to East Coast. The Equipment must be shipped at the customers expense to East Coast WiFi, 20 Washington Square Chestertown, MD  21620

F. Removal Of Equipment by East Coast: In the event of cancellation, Customer may elect to have East Coast’s contractor or technician remove the Equipment. That service is provided for a fee of One Hundred Fifty ($150.00) Dollars. That fee is due and payable prior to cancellation of service and/or removal of East Coast’s Equipment.

G. Failure to Return Equipment. If the Equipment is not returned to East Coast within fifteen (15) days after termination or expiration of this Agreement, or, the disconnection of Customer’s East Coast service, East Coast may, at its sole discretion, charge Customer the total replacement cost of East Coast’s Equipment, or, charge the Customer for removal of the Equipment as agreed in the previous Sub-Paragraph F.

H. Repossessing Agreement. Customer hereby consents irrevocably to East Coast’s entry upon Customer’s premises for purposes of repossessing the Equipment. Customer agrees to pay charges for repossession of the Equipment as provided in this Paragraph 8 of this Agreement.

I. Authorization Of Charges. Customer does hereby authorize East Coast to charge any amounts imposed under this Paragraph 6, to Customer’s credit card or checking account (ACH). In the event East Coast does not have Customer’s credit card or checking 7 account information on file, Customer agrees to pay East Coast immediately for the Equipment once invoiced.

9. REPAIRS AND MAINTENANCE.All repairs and maintenance to East Coast’s Equipment shall be subject to, in accordance with, and in compliance with the following terms and conditions.

A. East Coast-Owned Equipment. In the event Customer has a complaint requiring a site visit and/or Customer requests on-site maintenance or repair to East Coast-owned Equipment, East Coast, in its sole discretion, reserves the right to impose a site visit service fee to Customer in the amount of One Hundred ($100.00) Dollars, plus Eighty-Five ($85.00) Dollars per hour for any time expended by East Coast on site, plus materials. Whether or not to impose a service fee shall be decided by East Coast based on the legitimacy of the complaint, the cause of any problem, the frequency and legitimacy of prior complaints and/or requests for maintenance or repair and the length of time following the site visit prior to cancellation of service. Customer hereby consents irrevocably to East Coast’s entry upon Customer’s premises for purposes of maintaining, repairing, replacing or accessing the equipment.

B. Customer-Owned Equipment. In the event any loss of service is found to be the fault of Customer, or the fault of Equipment owned or used by Customer, (including, but not limited to, wireless routers, computers, etc.), East Coast shall have no responsibility to repair or correct Equipment not provided by East Coast. For any service call resulting from or the fault of Customer or Customer-owned Equipment, a site visit service fee shall be charged to the Customer in the amount of One Hundred ($100.00) Dollars, plus Eighty-Five ($85.00) Dollars per hour for any time expended by East Coast on site, plus materials.

C. Repair to Equipment Not Owned By East Coast. East Coast shall have no obligation to fix Customer-owned Equipment. In the event East Coast agrees to repair any Customer-owned Equipment or correct any Customer-caused service outage, a service fee shall be charged to Customer, in addition to the site visit Service Fee, in the amount of One Hundred ($100.00) Dollars, plus Eighty-Five ($85.00) Dollars per hour for any time expended by East Coast on site, plus materials. In the event the Customer has East Coast fix any Customer- caused outage, there shall be no warranty as to the work performed by East Coast.

D. Return Service Calls. Any and all return site visits shall be billed separately.

10. INTERRUPTION OF SERVICE.Extreme weather and/or other events beyond East Coast’s control may temporarily affect Customer’s internet access and/or use of the Service. East Coast does not guarantee or warrant any specific level of the Service. Customer hereby waives any remedies against East Coast for disruption of Service unless specified on a Purchase Order or Service Order, or, expressly set forth in this Agreement. East Coast, may at its sole discretion, give credit for or refund payment for any periods when its Service is unavailable to Customer through failure of East Coast’s network, but East Coast shall not be required to give any credit or refund for any lapse of service beyond East Coast’s control.

11. PAYMENT. All payments by Customer shall be subject to, in accordance with, and in compliance with the following terms and conditions:

A. Payment Due in Advance. Customers shall pay in advance for the charges for installation and activation of Service, as stated on the Purchase Order or Service Order.

B. Due Date. All invoices for monthly service shall be due ten (10) days from the billing date, or, by the last day of the month, whichever is later.

C. Customer Liable for Taxes. In addition to East Coast’s charges, Customer also agrees to pay any federal, state, or local taxes, usage charges, or other fees imposed on Customer or East Coast and directly associated with Customer’s Service or Equipment owned by East Coast.

D. Method of Payment. Payment shall be made by: check or money order; preauthorized automatic charge to a credit or debit card; or automatic bank account withdrawal. Customer shall promptly notify East Coast of any changes to the credit or debit card or bank account used for payment.

E. Returned Check Fees. In the event of a returned check, for any reason, Customer shall be charged a returned check fee of Fifty ($50.00) Dollars.

F. Credit Card Disputes. In the event of a Credit Card Dispute and/or Chargeback, Customer shall be charged a Dispute fee of Fifty ($50.00) Dollars.

G. Late Fee. If Customer fails to pay when due, Customer shall be charged a late fee of the greater of Five ($5.00) Dollars or five (5%) percent of the amount due.

H. Suspension of Customer’s Service for Non-Payment. If Customer fails to pay by the due date, then East Coast may suspend Service without notice. To restart Service, Customer must pay all past due amounts, all current billing, and a re-activation fee of Fifteen ($15.00) Dollars unless a service call is required to restore service. If a service call is required to restore service the re-activation fee is Seventy-Five ($75.00). East Coast reserves the right to require an additional security deposit up to the equivalent of three (3) months service to be paid prior to restoration of service.

I. Repossession of Equipment of Non-Payment. If Customer’s account remains past due for more than thirty (30) days, East Coast may repossess East Coast’s Equipment from Customer’s premises. Customer hereby irrevocably consents to East Coast’s entry upon Customer’s premises for the purpose of repossessing East Coast’s Equipment. If East Coast is required to repossess any of East Coast’s Equipment, Customer shall be charged a repossession fee of One Hundred Fifty ($150.00) Dollars.

J. Collection and/or Attorney Fees. In the event East Coast is required to refer Customer to collections or institute suit to collect money due from Customer, Customer 9 agrees to pay a collection fee and/or attorney fee of $500 or twenty-five (25%) percent of the balance due, whichever is greater.

K. Services of Process. In any small claim action instituted by East Coast in the District Court of Maryland, Customer hereby consents to Service and Service of Process upon Customer by email.

L. Waiver of Fees. As an accommodation to Customer, East Coast may at times waive late fees and/or other charges. Such waivers are based upon Customer’s agreement to comply fully with all future terms of payment, Customer’s payment history, previous service calls, length of service, and the time elapsed between the service call and cancellation of the Service. Failure to comply fully with any future terms of payment, or, cancellation of the Service within 36 months of any waived fee or charge may result in the waiver of fees or charges being fully or partially rescinded and/or revoked, and, some or all of the waived fees or charges being re-imposed.

M. Billing Questions: East Coast will handle all billing questions via email to billing@eastcoastwifi.net. Telephone assistance will only be available to update an existing credit card on file or for assistance processing payments.

N. Payment Center: East Coast may elect to have Payment Center(s) available for Customer to drop off payment. This Payment Centers may be at locations not affiliated with East Coast and are for payment drop-off only.

12. VIRUS PROTECTION AND ENCRYPTION. Virus protection and encryption of the Service are Customer’s responsibility.

A. Virus Protection. To prevent unauthorized persons from gaining access to Customer’s information or illegally gaining access to Customer’s Service, which could result in suspension or termination of Customer’s account, East Coast strongly recommends that residential and/or business Customers protect all computers and other devices connected to the Internet with firewalls and virus protection software, and, that those virus protection software and firewalls be kept up-to-date. East Coast does not provide such service. East Coast can recommend a third-party vendor to provide, install, and maintain such protection for Customer. In the event Customer elects to use a third party vendor recommended by East Coast, East Coast shall have no liability for any services or equipment provided to Customer by that third party vendor.

B. Encryption. To prevent unauthorized access to Customer’s service, East Coast also strongly recommends that in-home or in-office wireless networks be installed and configured for maximum encryption. East Coast does not provide such service. East Coast can recommend a third-party vendor to provide and install such encryption services. In the event Customer elects to use a third party vendor recommended by East Coast, East Coast shall have no liability for any services or equipment provided to Customer by that third party vendor.

C. Limitation of Liability. Whether or not Customer elects to install virus protection and/or encryption software, East Coast shall not be liable to Customer for any virus, infections, or unauthorized access to Customer’s account.

13. TERMS OF USE. Customer’s use of the Equipment and the Service shall be subject to, in accordance with, and in compliance with the following terms and conditions.

A. Lawful Use. Customer shall use the Equipment and/or Service in accordance with all federal, state, and local laws, ordinances and regulations. Customer shall not use the Equipment and/or Service for any unlawful purpose.

B. Detrimental Use. Customer shall not use the Equipment or Service in any manner that could damage, disable, overburden, impair, or otherwise negatively or detrimentally effect the operation of East Coast’s Network or Service, or, the WiFi operation and use of equipment of any other third party individual or entity.

C. Unauthorized Access. Customer shall not attempt to gain unauthorized access to data, accounts, servers, systems, or networks associated with the Service or services, or to probe, scan, or test the vulnerability of a system or network associated with the service of any other third party individual or entity.

D. Interference with Service. Customer shall not interfere with the Service or services to any user, host, or network including, but not limited to, “mail-bombing,” “flooding,” or attempting to overload the system.

E. False Information. Customer shall not forge or falsify any TCP-IP packet header or any part of the header or address information in an e-mail or a newsgroup posting, or, otherwise conceal the sender’s or the recipient’s identify.

F. Mass E-mailings. Customer shall not use the Service to send or transmit unsolicited mass e-mailings by, from, or through East Coast’s account or via another service.

G. Violation of the Terms of this Agreement. Customer shall not use the Service to engage in activities that violate any terms or conditions of this Agreement or the terms of use of any other network access provider or Internet service provider.

H. Improper Use. Customer shall not use the Service, or any another service, to upload, post or otherwise distribute or facilitate distribution of any text, communications, software, images, sounds, data, or any other electronically transmittable information (“Content”), that, in East Coast’s judgment;

i. Is threatening or abusive; defamatory, libelous or slanderous; indecent, obscene, or pornographic; fraudulent; or invasive of another’s privacy;

ii. Victimizes, harasses, degrades, or intimidates any individual or group of individuals on the basis of: religion; gender or sexual orientation; race or ethnicity; age or disability; political views, opinions or affiliation; or any other reasons;

iii. Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or software;

iv. Damages East Coast’s network and Service, including, but not limited to, overloading servers on the network or causing portions of the network to be blocked by other network providers.

14. NO RESALE OR JOINT USE. Customer may not resell the Service, retransmit the Service, or make the Service available to anyone outside Customer’s premises, house, and/or household (i.e., by WiFi or other methods of networking or giving neighbors passwords or access to Customer’s Service). Unless specifically provided in Customer’s Purchase or Service Order, Customer may not use the Service for any commercial or business use or to host any type of commercial or business server.

15. PROHIBITION ON UNSOLICITED BULK E-MAIL. East Coast reserves the right, without notice to Customer, to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent by, from, or through East Coast’s Network. The transmission of unsolicited bulk e-mail may result in civil and criminal penalties against the sender.

16. LIMITATION ON USE. East Coast establishes Customer’s monthly fee based on the amount of data Customer represents Customer intends to upload and/or download each month (bandwidth). East Coast reserves the right to limit Customer’s bandwidth based on the type of Service Customer has requested and the associated price. If East Coast concludes, in its sole discretion, that Customer is exceeding what East Coast considers to be a reasonable use for the Service Ordered, East Coast may in its sole discretion, at any time, including the initial term, change, suspend, or terminate Customer’s service.

17. EAST COAST’S RIGHT TO LIMIT CONTENT. East Coast reserves the right to monitor Content which is transmitted or accessed through the Service, and to remove Content, disable sites, or suspend or terminate the Service to Customer if East Coast determines such Content or user practices are harmful, offensive, or otherwise in violation of East Coast’s policy.

18. EAST COAST RIGHT TO USE PUBLIC POSTINGS. By posting and/or submitting Content to any East Coast website, Customer grants East Coast the right to use, reproduce, display, adapt, modify, distribute, and have distributed the Content in any form, anywhere, and for any purpose.

19. CUSTOMER WARRANTY OF OWNERSHIP OF CONTENT. Customer also warrants and represents that Customer owns or otherwise controls all of the rights to the Content of any public posting by Customer, and, that any public posting or use of Content by Customer through the Service shall not infringe or violate the rights of any third party.

20. PROHIBITION AGAINST COPYRIGHT INFRINGEMENT. Except as expressly authorized in writing, in advance, Customer may not use the Service in any manner that would infringe, violate, dilute, misappropriate, or violate any copyrights, trademarks, service marks, patents, and other proprietary rights, that protect the Content and materials available on 12 any East Coast website or through the Service. Customer assumes full responsibility for use of Content in which others have proprietary or intellectual property rights, and agrees not to reproduce, broadcast, distribute, sell, publish, commercially exploit, or otherwise disseminate any such Content over the Service without prior written consent from the Content owners or rights holders. Furthermore, Customer agrees to indemnity and hold East Coast harmless from any liability East Coast may incur as a result of Customer’s violation of the terms of this Paragraph.

21. USE OF EAST COAST’S NAME PROHIBITED. The East Coast name, logo, design marks, and trademarks, may not be used without the express written permission of East Coast.

22. SALE OF GOODS. The Service East Coast provides Customer shall for all purposes be considered, a service, and not a sale of goods.

23. WAIVER OF WARRANTIES. Customer waives any right to any warranty, express or implied, statutory, regulatory, or common law, specifically including, but not limited to, any warranty of fitness for a particular purpose.

24. LIMITED LIABILITY. East Coast shall not be liable for any damages, including property damages, resulting from installation or use of the Equipment by Customer or any third party, including East Coast’s contractors.

25. INDEMNITY. Customer shall indemnify, defend, and/or hold East Coast harmless from any violation by Customer of any applicable law or regulation. Customer shall further indemnify East Coast for any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from: Any information or Content that Customer submits, posts, transmits or makes available through the Service; Customer’s use of the Service or Equipment; Customer’s actual or alleged violation of this Agreement; and/or Customer’s actual or alleged violation of any rights of a third party.

26. SUSPENSION OR TERMINATION OF SERVICE FOR CAUSE. East Coast may suspend, Terminate, or limit Customer’s Service, at any time, without any prior notice to Customer, if:

A. Failure to Pay. Customer fails to pay any charge to Customer under the terms of this Agreement;

B. Illegal and/or Prohibited Use. If Customer uses the Service for any illegal, fraudulent, or any other use prohibited by this Agreement and/or any federal, state, county, state, or municipal law or regulation.

C. Excessive Use. Customer’s use exceeds any limitation on use imposed by this Agreement or the Purchase Order or Service Order.

D. Violation of Terms of Use. Customer’s violates the terms of use as set for in Paragraph 12 of the Agreement.

27. PROTECTIVE ACTION BY EAST COAST. East Coast reserves the right to take any reasonably necessary action to protect any network or rights of East Coast, any Customer, and/or any third party.

A. Protective Action Defined. Customer acknowledges that such protective action may include the use of methods or technologies to filter or block messages sent through the Service, or, to notify others of attacks or the potential for attacks by viruses or sources of “spam” from within East Coast’s network, and, that East Coast specifically reserves the unilateral right to filter “spam” or prevent “hacking,” viruses,” or other potential harms.

B. Suspension or Termination. East Coast may suspend or Terminate Service to any Customer, without prior notice, if, in East Coast’s sole judgment, such action is required to protect its network.

C. Customer’s Waiver of Liability. East Coast shall not be liable to Customer for exercising or failing to exercise any of East Coast’s rights under this Paragraph to limit, suspend, or terminate the Service to Customer. Customer does hereby waive any claim against East Coast for East Coast’s reasonable actions under this Paragraph 27 of this Agreement.

28. NO WARRANTY OF CONTENT. Customer acknowledges that East Coast offers no warranty, guarantee, or assurance regarding, and has no responsibility for, the accuracy, completeness, appropriateness or utility of documents, graphics, photos, video or audio streaming, music, and other Content or services provided by East Coast or third parties over East Coast’s Service. Customer also acknowledges that East Coast is not responsible for any actions of any third parties contacted by Customer over the Service.

29. PRIVACY. Except as may be provided in this Paragraph 29 of this Agreement, East Coast shall exercise care to preserve and maintain Customer’s private information.

A. Information for Installation. .East Coast shall take all reasonable efforts to safeguard any Customer information that it collects in the course of installation or providing service, except as to authorize officials or agencies, as required by law.

B. Warranty Against Sale or Use of Private Information. East Coast warrants that it shall not sell Customer information. Nor shall East Coast share Customer information with third parties, except East Coast’s contractors, and then only when required for the performance of the contractor’s service.

C. East Coast Marketing Offers. East Coast reserves the right to offer additional services to its Customers, from time to time through marketing offers. Any Customer may elect not to receive such marketing offers, by notifying East Coast by e-mail. In the even Customer fails to notify East Coast that Customer does not wish to receive such offers, Customer consents to receiving such offers.

D. Subpoenas, Search Warrants, and Wiretaps. East Coast shall honor, without any notice to Customer, any subpoena, search warrant, and/or wiretap, from any court or law enforcement agency. Customer waives and releases East Coast from any liability for acting reasonably in response to any subpoena, search warrant, or wiretap, and/or for any failure by East Coast to notify the Customer.

30. GENERAL DISCLAIMER. East Coast disclaims, to the maximum extent permitted by law, all warranties, representations, or other endorsements, express or implied, without regard to the information accessed from or through the Service, the systems which provide it, and the Internet, including all warranties of merchantability or fitness for a particular use or purpose, or non-infringement of any third party rights. East Coast does not assume any liability for the completeness, accuracy, or usefulness of any information disclosed or materials accessed. In no event shall East Coast (or any persons or entities related thereto) be liable, in any form of actions, for any special, indirect, or consequential damages associated with or arising from use of the Service in any way, or, use of any East Coast websites associated with the Service, including any loss of use, loss of data, or loss of profits.

31. ENTIRE AGREEMENT. This Agreement and the incorporated Purchase Order and/or Service Order contain the entire Agreement of the parties. There are no other promises, conditions, or agreement between the parties, whether oral or written, except as are set forth in this Agreement.

32. SEVERABILITY. Should any provision of this Agreement be found, held, deemed, or adjudged, to be unenforceable, void or voidable, or contrary to law or public policy, under the laws of the State of Maryland, any other state of the United States, the Government of the United States, or any foreign jurisdiction, the Parties intend that the remaining provisions of this Agreement shall nevertheless continue in full force and effect, and continue to be binding upon the Parties, and their successors and assigns.

33. AGREEMENT TO REDACTING. In the event any court shall determine that any term or terms of this Agreement are unenforceable as written, as being too broad or too onerous or otherwise, the parties agree and direct that said court shall redact, modify, review, and/or rewrite said term or terms to such extent that it or they are enforceable, but only to the least extent possible to make such term or terms enforceable.

34. MODIFICATION OF AGREEMENT. Any Modification to the terms of this Agreement shall be subject to the provisions of this Paragraph.

A. Not Modifiable by Conduct of the Parties. None of the provisions of this Agreement shall be in any way altered, changed, canceled, abrogated, or annulled by the conduct of the Parties.

B. Customer May Not Modify Agreement. Specifically, customer may not modify the terms of this Agreement by any means, and, any email or other form of Customer’s intention to modify this agreement shall be null and void. Furthermore, the Parties agree that the terms of this Agreement shall not be modifiable by any court, except as is otherwise herein provided.

C. East Coast’s Right to Modify Agreement. Except as otherwise provided herein, East Coast specifically reserves the right to modify the terms of this Agreement upon thirty (30) days’ notice, by posting a revised Agreement on East Coast’s website. Customer shall have the obligation to monitor East Coast’s website for any change in the Agreement.

35. JURISDICTION FOR ENFORCEMENT OF THIS AGREEMENT. The Parties expressly agree that the jurisdiction for any Court action to enforce the terms of this Agreement, shall be the District Court of Maryland, without regard to where one or both of the Parties may reside at the time said action is commenced. Only if the amount in controversy exceeds the jurisdictional limit of the District Court may an action be filed in the Circuit Court.

36. VENUE FOR ENFORCEMENT OF THIS AGREEMENT. The Parties expressly agree that the venue for any other Court action to enforce the terms of this Agreement, shall be Kent County, Maryland, without regard to where one or both of the Parties may reside at the time said action is commenced.

37. WAIVER OF TRIAL BY JURY. The Parties mutually agree to waive their right to a trial by jury for any action, proceeding, or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of, or in any way connected with this Agreement.

38. APPLICABLE LAW FOR ENFORCEMENT OF THIS AGREEMENT. This Agreement, and all the terms hereof, shall be interpreted according to the laws of the State of Maryland, without regard to where one or both of the Parties may reside at the time of said interpretation, and, without regard to where the cause of action may be commenced and/or heard.

39. INTERPRETATION OF AGREEMENT. No provision of this Agreement shall be interpreted for or against any Party hereto by virtue of the fact that said Party, or the Party’s legal representatives, drafted all or any part of this Agreement.

40. BINDING EFFECT ON SUCCESSORS AND HEIRS. The terms of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

41. CAPTIONS AND TITLES. The captions and titles contained in this Agreement are for reference purposes only and shall have no effect upon the enforceability or interpretation of the terms of the Agreement.

42. WAIVER. The failure of either party to enforce any provisions of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement. Specifically, East Coast may (re)impose any late fees or other charges East Coast may have previously waived as an accommodation to Customer, or otherwise.

43. NOTICES. Any notice shall be made as follows:

A. Effective Notice to Customer. Any notice shall be considered effective if e-mailed, or hand delivered, or mailed first class mail to the address provided by the Customer in the Purchase Order or Service Order.

B. Effective Notice to East Coast. Any notice to East Coast shall be made by email, or certified mail to the address East Coast provided above.