WISP Service Agreement

ACCEPTABLE USE POLICIES

Acceptable Use Policies (“AUPs”) HARMER RADIO & ELECTRONICS Inc may modify the policies of this document and the Service Agreement at any time. HARMER RADIO & ELECTRONICS Inc., Acceptable Use Policies (AUP’s) are in direct compliance with our ISP partner(s) Acceptable Use Policies. HARMER RADIO & ELECTRONICS INC., provide its customers a wireless Internet connection, which we refer to as the “service”. The customer and users of the service acknowledges that Internet sites, and use of the Internet, might consist of, include and/or provide access to images, sounds, messages, text, services or other content and material that may be unsuitable for minors, and that may be objectionable to many adults. The customer acknowledges that HARMER RADIO & ELECTRONICS INC., is not responsible for any such content or material. It is agreed that use of the service is at your own risk.

These Acceptable Use Policies are intended to provide protection for our customers and the Internet community, while also allowing HARMER RADIO & ELECTRONICS INC., to fairly share its network to all customers.

As HARMER RADIO & ELECTRONICS INC., is reliant on commercial power, the service is not intended to be, and should not be used as your primary or “life-line” and/or emergency telecommunications Service. We recommend maintaining a land line for emergency purposes

ANY CUSTOMERWHO DOES NOT AGREE TO BE BOUND BY THESE TERMS SHOULD IMMEDIATELY STOP USE OF THE SERVICE AND NOTIFY HARMER RADIO & ELECTRONICS, SO THAT THE CUSTOMER’S SERVICE  CAN BE CANCELLED.

End Users. If customer allows others (end users) to use the service, customer is responsible for ensuring that end users comply with this AUP. Customer may not use the service in a manner that places disproportionate burden on the wireless network or impairs the SERVICE to other customers. HARMER RADIO & ELECTRONICS INC., may disconnect service, cancel the Service Agreement, and close the Account if an end user violates this AUP, without prior notice.

Illegal Activity. Use of the service for any activity that violates, or constitutes an attempt to violate, any local, state, federal or international law, order, ordinance, rule or regulation, or to engage in tortuous conduct, is a violation of this AUP. You may not use the service to harm, attempt to harm, harass, threaten or intimidate a minor, adult or anything, including, but not limited to, by posting, possessing, disseminating, or transmitting material that is unlawful, including child pornography, animal cruelty, obscene material or material that infringes on the copyright and/or the rights of anyone or anything. HARMER RADIO & ELECTRONICS INC., may immediately disconnect SERVICE, cancel the Service Agreement, and close the Account if the customer violates this AUP, without prior notice.

Inappropriate Content. The customer is solely responsible for any and all information that is accessed using the service. If minors will have access to the service, we recommend an Internet Content Filter and/or Parental Controls; and as a recommendation, HARMER RADIO & ELECTRONICS INC., is not responsible if the customer chooses not to filter service content for a minor/child. See also Illegal Activity section.

HARMER RADIO & ELECTRONICS INC is not responsible for content downloaded from or uploaded to the Internet! Our AUPs and Service Agreement is intended to provide protection for our customers and the Internet community, however we have no control over what you click on and/or save on your computer, with or without your knowledge (i.e. viruses, worms, spyware, cookies, tracking software, etc.) while “surfing” the Internet. Bit torrent data is strictly prohibited on the HARMER RADIO & ELECTRONICS INC network and we reserve the right to block known file sharing sites and their known ports and protocols.

Security. Customer is solely responsible for the protection of their computer and equipment and any misuse of those and the Internet Service, even if a guest or other individual(s), who have access to the customer’s system or network, committed the inappropriate activity. Therefore, the customer must take steps to ensure that others do not gain unauthorized Internet access. The service may not be used to breach the security of another Internet user or to attempt to gain access to any other person’s or entity’s computer, server, software or data, without the knowledge and consent of such person or entity, including attempts to circumvent the user authentication, or probing the security of other networks. Customer may utilize scanners, sniffers and any other such security analysis tools to maintain customer’s own network if customer only uses such tools with respect to customer’s own network. HARMER RADIO & ELECTRONICS INC. does not under any circumstance allow customer or unauthorized individuals to scan, probe, or use security analysis tools against the HARMER RADIO & ELECTRONICS INC wireless network or the networks of our service partner(s) and other customer; use of or distribution of tools designed for compromising security of non-customer networks, such as password guessing programs, cracking tools, packet sniffers, port scans, or network probing tools, is prohibited. Customer may not willfully or knowingly disrupt the service or interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading the service, improper seizing and abuse of operator privileges and attempts to “crash” a host. The transmission or dissemination of any information or software, which contains a virus or other harmful feature, is also prohibited. The customer is solely responsible for the security of any device customer chooses to connect to the service, including any data stored on that device. HARMER RADIO & ELECTRONICS INC shall not be liable for the loss of data. The transmission of data over an Internet connection is subject to errors, delays, and interruptions. HARMER RADIO & ELECTRONICS is not responsible or liable for any errors, delays, or interruptions.

If Service Provider detects that customers equipment or customers Internet/data transmissions contain Viruses, Trojans, Worms or similar damaging content/data that adversely affects the HARMER RADIO & ELECTRONICS INC wireless network, the service provided to other customers, or otherwise compromises the integrity or the operation of the HARMER RADIO & ELECTRONICS INC wireless network, HARMER RADIO & ELECTRONICS MAY IMMEDIATELY SUSPEND SERVICEAND RESERVES THE RIGHT TO ACT IMMEDIATELY AND WITHOUT PRIOR NOTICE OF SUSPENSION. In the event of a conflict between the Service Agreement and this AUP, the terms of this AUP will govern. HARMER RADIO & ELECTRONICS does not endorse or in any vouch for the accuracy, completeness, truthfulness or reliability of any service, opinion, advice, communication, information or other content on or made available through the internet, accessed via the HARMER RADIO & ELECTRONICS wireless network. HARMER RADIO & ELECTRONICS BLOCK OUTBOUND EMAIL ON SMTP PORT 25

Wi-Fi. Customer’s Wi-Fi Network must be secured with at least a WPA standard encryption and broadcast a unique SSID that identifies the customer. (example: SmithNet)

Use of SERVICE at your own risk. The customer is solely responsible for the content of communications on the Internet. The service provided by HARMER RADIO & ELECTRONICS is “as is” and at your own risk. HARMER RADIO & ELECTRONICS is not responsible for the accuracy of information obtained through the service. The customer understands that current regulatory and technical issues prohibit expectation of privacy when using Internet services. HARMER RADIO & ELECTRONICS is not responsible or liable for the actions of its customers which may directly or indirectly result in the termination of any and all service of the entire wireless network provided by HARMER RADIO & ELECGTRONICS. Customer agrees to indemnify, defend and hold harmless HARMER RADIO & ELECTRONICS and its’ contractor(s) against any and all claims and expenses (including reasonable attorney fees) resulting from the customer or end user(s) engaging in any of the prohibited activities listed in this AUP, Terms and Conditions, or resulting from the violation of the AUPs, Terms and Conditions, and/or of any other policy related to the service, which includes any judicial or legislative Hawaii or federal law, or that of any Sovereign Nation. Your indemnification will survive any termination of the Service Agreement.

It is always the sole responsibility of the customer to ensure that any computer or device connected to the HARMER Radio & Electronics wireless network be secure and virus/spyware free. Therefore, your spyware and anit-virus must be the latest versions and both the spyware and anit-virus must be active on your PC computer for proper protection and compliance. MAC/Apple users must install the latest software updates which are sent automatically to your computer. If you do not have the automatic MAC update function activated on your computer, you must do so to comply.

Spamming/ Unsolicited Bulk E-Mail. Sending unsolicited mail messages, including, without limitation, commercial advertising and informational e-mail is spamming and is prohibited. Customer may not post to any Usenet or other newsgroup, forum, or list articles which are illegal or inappropriate in the local forum, or are off-topic according to the charter or other owner-published FAQ or description of the group or list; send unsolicited mass e-mailings, send or forward chain letters; use of the service as a maildrop for responses; and/or falsify user information, including forging, altering or removing electronic mail headers. Our ISP partner(s) uses several spam reporting web sites including, but not limited to, Spam Haus and SORBS, and these web sites may change from time-to-time. Listing on one or more of these web sites, or any other spam reporting web site of the customer’s name including fictitious names (dba or aliases); one of customers employees in connection with the use of the customers service, or an alias of such employee(s).

CUSTOMERS shall not engage in mass mailings! Definition of Mass Mailing ” Opt-in” Mailings are to more than 50 users by either HARMER RADIO & ELECTRONICS customers or their 3rd party partner to any group of end users. “Opt-in” means that end user has signed up for mailings voluntarily. “Opt-in” implies that the mailing is not SPAM and a recipient knowingly and willingly requested to receive information via electronic distribution from the originating domain name or business referenced within the content of the email. Reminder: SPAM is defined as “unsolicited bulk email that includes advertisements or solicitations, commercial or otherwise, regardless of content.” Without exception, HARMER RADIO & ELECTRONICS prohibit the practice of mass-mailing unwanted e-mail solicitations of any type, regardless of content, and will take action to prevent this practice. Email distribution lists that are purchased from a 3rdparty and are represented as “opt in” clean lists are not exempt from this AUP and will be treated as SPAM.

Harvesting/Spidering/Spyware. The collection of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participating in the use of software (including “spyware”) designed to facilitate this activity or use of a list obtained from such means is not allowed.

Newsgroups. Messages posted to newsgroups must comply with the written charters or FAQs for those newsgroups. The customer is responsible for determining the policies of a given newsgroup before posting to it. Posting or cross-posting the same or substantially similar messages to more than eight newsgroups is prohibited.

Internet Relay Chat. HARMER RADIO & ELECTRONICS service may be used to participate in “chat” discussions. The service may not be used to perform chat “flooding.” Any single computer or other device connected through the wireless network may not maintain more than 2 simultaneous chat connections. This includes the use of automated programs, such as “bots” or “clones”. Automated programs may not be used when the user is not physically present at the device. The service may not be used to access any chat server in violation of the acceptable use policy of that server.

Instant Messages. Users are responsible for the contents of their instant messages and the consequences of any instant messages. HARMER RADIO & ELECTRONICS assume no responsibility for the timeliness, mis-delivery, deletion or failure to store instant messages.

Consequences of Violation of Acceptable Use Policy. When HARMER RADIO & ELECTRONICS become aware of an alleged violation of its AUP, HARMER RADIO & ELECTRONICS and/or its’ ISP partner(s) may initiate an investigation. For violations of this AUP, we may, suspend or terminate customers service, close customers account, and/or pursue other civil remedies. Although HARMER RADIO & ELECTRONICS has no obligation to monitor customers service provided and/or the network, HARMER RADIO & ELECTRONICS and its’ partner(s) reserve the right to monitor bandwidth, usage, and content from time to time to operate our service; to identify violations of this AUP; and/or to protect the wireless network and HARMER RADIO & ELECTRONICS customers. If HARMER RADIO & ELECTRONICS believe this AUP has been violated, HARMER RADIO & ELECTRONICS or its’ partner(s) may take any responsive actions, as they deem appropriate, without prior notice. The failure of HARMER RADIO & ELECTRONICS or its’ partner(s) to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

Transmission Speed HARMER RADIO & ELECTRONICS does not warranty that the service or equipment provided by HARMER COMMUNICATIONS will perform at a particular speed of bandwidth or data throughput rate or will be uninterrupted. HARMER COMMUNICATIONS will not be liable for the loss of data. Service speeds may vary with the number of users on the Wireless network. Management needs may require HARMER RADIO & ELECTRONICS to modify upstream and/or downstream speeds.

Resell or Redistribute of Services Customer will not resell or redistribute the service or otherwise make available to anyone outside the Service Agreement the ability to use the service (i.e. Wi-Fi or other methods of networking). Customer agrees not to use the service for operation as an Internet Service provider (i.e. hosting a web site or email server).

Prohibited Services Any e-mail, Web hosting, file sharing, and proxy services and servers that perpetuate, or in any way participate, in any pyramid or other illegal soliciting scheme. Anything that uses an ongoing, constant use of bandwidth (such as home video surveillance, music and video file sharing programs) is prohibited.

Privacy HARMER RADIO & ELECTRONICS will not release any personally information regarding our customers, except upon presentation of (1) a subpoena issued by a government entity in a civil or criminal investigation or litigation; (2) a civil investigative demand issued by a government entity, or (3) a court order. HARMER RADIO & ELECTRONICS is a private wireless network and the location of our sites and specifics of our operations are proprietary. The sharing of this information with others is a violation of your agreement with HARMER RADIO & ELECTRONICS and violates our agreements between relay sites.

Warranties and Limitation of Liability. Customer acknowledges and agrees that the service supplied is provided on an “as is” or “as available” basis. The use of HARMER COMMUNICATIONS technical support is at your own risk and is not warranted. HARMER RADIO & ELECTRONICS does not warrant or guarantee that service can be provided to your location indefinitely or without interruption. HARMER RADIO & ELECTRONICS make no warranty regarding any transactions executed, using the service or the Internet. All limitations and disclaimers stated in this AUP also apply to HARMER RADIO & ELECTRONICS ISP partner(s)and its contractor(s). The quality of voice over IP (VOIP) services is not guaranteed on the HARMER RADIO & ELECTRONICS wireless network at this time.

Service Disruption. HARMER RADIO & ELECTRONICS does not guarantee uninterrupted service. We will not and cannot be responsible for any disruption of Internet connectivity due to power outages, network faults or acts of the big man (GOD), HARMER RADIO & ELECTRONICS equipment malfunction or any natural disaster(s) (including weather).HARMER RADIO & ELECTRONICS does not guarantee any loss of service time, transmission errors, connectivity or quality of service.

This AUP is not intended to infringe on anyone’s civil rights or freedom of speech but promote safe Internet protocols and maintain the Federal Communication Commission standard. Harmer Radio & Electronics Inc. is a private community wireless network. We have the right to refuse service to anyone.

NOT reading this document and/or amendments does not limit your liability regarding your actions or the actions of end users, regarding the use of the service and/or compliance with the AUP’s, Terms and Conditions, or Service Agreement.

Under penalty of perjury, by the laws of The State of Hawaii, I do swear that I have read, understand and agree to the terms and conditions of this AUP:

HIGH-SPEED WIRELESS INTERNET CONNECTION TERMS AND CONDITIONS

NOT reading this document does not limit your liability regarding your subscription.

INTRODUCTION: HARMER RADIO & ELECTRONICS, INC. provides its customers a high-speed wireless Internet connection, which we refer to as the “SERVICE”. The Acceptable Use Policies (AUP) are intended to provide protection for our customers and the Internet community, while also allowing HARMER RADIO & ELECTRONICS to fairly share its network to all customers. HARMER RADIO & ELECTRONICS may modify the Terms and Conditions of this agreement at any time. Customer refers to any paying, contracted (under a Service Agreement) individual, organization or business using the HARMER RADIO & ELECTRONICS service.

USE OF SERVICE AT YOUR OWN RISK The customer is solely responsible for the content of communications on the Internet. The service provided by HARMER RADIO & ELECTRONICS is “as is” and at your own risk. HARMER RADIO & ELECTRONICS denies any responsibility for the accuracy of information obtained through the service. The transmission of data over an Internet connection is subject to errors, delays, and interruptions. HARMER RADIO & ELECTRONICS is not responsible or liable for any errors, delays, or interruptions. The customer understands that current regulatory and technical issues prohibit expectation of privacy when using Internet services.

SERVICE DISRUPTION HARMER RADIO & ELECTRONICS does not guarantee uninterrupted service. We will not and cannot be responsible for any disruption of Internet connectivity due to power outages, network faults or acts of the big man, HARMER RADIO & ELECTRONICS equipment malfunction or any natural disaster (including weather). All Internet service is provided on an “as is” and “as available” basis. HARMER RADIO & ELECTRONICS does not guarantee any loss of service time, transmission errors, connectivity or quality of service. The customer acknowledges and agrees that the service is not intended to be, and will not be used as, your primary or “life-line” telecommunications service.

INSTALLATION The customer authorizes HARMER RADIO & ELECTRONICS or its contractor(s) to install the necessary wiring and Subscriber Unit (SU/CPE) required for wireless Internet service on the premises specified by the customer at the time of installation. The standard installation includes the mounting of an antenna and/or SU/CPE, a wireless transceiver on the outside of the house and/or building, the routing of cable(s) by the most direct path to one computer and/or router on the customer’s premises. Fishing of walls and/or attic crawling is not included with standard installation. The connecting of multiple computers at the customer’s premises may require addition costs in equipment and wiring. Any requests for custom installation work will require additional charges by our contractor(s). HARMER RADIO & ELECTRONICS and its contractor(s) will not be liable for any alterations to customer’s premises that result from the installation or removal of the SU and/or wiring including any holes in walls, cable wiring or antenna mounting brackets; although great care will be used to make the installations reasonably appealing.

OBSTRUCTIONS Wireless Internet communications is dependent on a clear Line of Sight to the Access Point (AP), which is the point where the wireless connects to our broadband ISP partner(s). HARMER RADIO & ELECTRONICS will make every reasonable effort to provide our customer with the best service possible. Unfortunately, some locations could experience changes in service due to seasonal changes, i.e. spring and summer foliage, which in turn affects the line of sight to the AP. HARMER RADIO & ELECTRONICS will make every reasonable effort to relocate or realign the SU. However, HARMER RADIO & ELECTRONICS cannot prevent Line of Sight problems, and therefore cannot guarantee service or be liable for any loss of service.

PAYMENT POLICY HARMER RADIO & ELECTRONICS will automatically charge it’s customers on the 1st of every month for the agreed amount on this service plan. All payment will be post to the enclosed form of payment within this agreement.

UNACCEPTABLE USE HARMER RADIO & ELECTRONICS may, at its discretion, immediately terminate or reduce service to the customer upon any single or multiple incidents of the following conditions: A. Failure to pay service fees in a timely manner; B. Interfering with the distribution of Internet service to other customers and/or their equipment on the HARMER RADIO & ELECTRONICS wireless network (see also AUP); C. Propagation of computer viruses and/or spyware (see also AUP); D. Unauthorized entry into another person(s) or organization(s) computer, systems, and/or information (see also AUP); E. Unsolicited blanket emailing known as “spamming”, (see also AUP); F. Any violation of local, state, federal or international law or that of any Sovereign Nation, as well as HARMER RADIO & ELECTRONICS INC’S AUPs.

EXCESSIVE BANDWIDTH CONSUMERS Customer activities that consume unusually large amounts of bandwidth can be multiple computers on the same connection, programs or servers which provide services to others via the HARMER RADIO & ELECTRONICS network, streaming movies and music and some types of gaming software. When excessive consumption of bandwidth over the Pricing Plan Limit by a customer prevents any other customers fair access to the HARMER RADIO &ELECTRONICS wireless network, we reserve the right to take necessary steps to correct the problem. These steps include, but are not limited to: limiting bandwidth, disabling communication protocols, and discontinuing service without prior notice.

SERVICE SHARING If at any time HARMER RADIO & ELECTRONICS discovers that the customer is sharing their service or has networked to others outside of the premises, without the express written consent of HARMER RADIO & ELECTRONICS, service will be immediately terminated to the customer with no refunds of any kind.

INDEMNIFICATION Customer agrees to indemnify and hold harmless HARMER RADIO & ELECTRONICS ,, it’s owner(s), partner(s) and contractor(s) against all losses, liabilities, judgments, awards and costs (including legal fees and expenses) arising out of or relating to any and all claims and/or losses accruing or resulting from the installation of service, equipment, materials or supplies in connection with the performance of this agreement, to any and all customers and/or any other person, firm, organization or corporation.

CUSTOMER EQUIPMENT HARMER RADIO & ELECTRONICS is responsible for maintaining or supporting equipment that are on a lease option. Harmer Radio & Electronics is NOT responsible for any equipment owned by the customer and is not liable for any damages to the customer’s SU/ CPU, computer(s) or other equipment. For security reasons, customers may have limited log in availability to their SU or CPU while on the HARMER RADIO & ELECTRONICS INC.

SPAMMING: Spamming is the sending of unsolicited e-mails HARMER RADIO & ELECTRONICS will not tolerate any type of spamming. Internet service of a spamming customer will be immediately disconnected without prior notice and will not be eligible for any refund(s) for termination of service due to spamming.

CANCELLATION All customers are bound by a signed written service agreement. A customer wishing to cancel service must submit a cancellation request in writing. If the customer cancels service within the two year of service, they are subject to a $20.00 fee for each remaining month of the agreement not completed. There is a $300 fee for all non-return lease quipment. HARMER RADIO & ELECTRONICS will not refund any “set-up” or “installation” fees after the first 30 days. Any discounted rates or service referral credits shall be forfeited on early cancellations. The customer will continue to be liable under these Terms and Conditions as well as the service agreement for all fees and charges until such time as the service agreement has been properly terminated or we have acknowledged such termination in writing.

Maintenance: The Customer authorizes HARMER RADIO & ELECTRONICS or its contractor(s) to access the equipment, and any necessary wiring at any time to repair any and all issues. The terms of the Manufacturer’s Warranty, to the Customer for the Equipment installed, are set out in the product informational material and are not part of this Agreement.

Miscellaneous This Service Agreement, Terms and Conditions and AUP constitutes the entire Agreement and understanding between the parties with respect to its subject matter and supersedes and replaces any and all prior written agreements. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of it’s provisions shall remain in full force. Nothing contained in this agreement shall be construed to limit Harmer Radio & Electronics failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. This agreement may not be assigned or transferred by you. This agreement is freely assignable by Harmer Radio & Electronics to third parties.