THIS SUBSCRIBER SERVICES AGREEMENT is entered into between Ygnition Networks, with offices at 565 Andover Park West, Suite 201, Seattle, Washington 98188, (hereinafter referred to as "Ygnition Networks", “we”, “us”, or “our”), and the individual subscriber named below (hereinafter "Subscriber", “you”, “your”) to provide certain Cable Television and/or Internet access system ("IAS") and/or Digital Home Phone (“DHP”) services to the Subscriber's residential apartment/condominium or single family home described below (said residential apartment/condominium or single family home hereinafter referred to as the "residence"). For purposes of this Agreement the term "Services” shall mean the programming available on Ygnition Networks Cable Television System (whether subscription based or pay per view based) and/or Internet Access System in addition to any other services that we may provide to consumers either now or in the future. The services available vary by residence and not all services are available at all residences. For more information, please contact Ygnition Networks at 1-866-876-3278. All services are provided under the following terms and conditions:

1. Equipment; Access.

Required Equipment: You understand and agree that the Service requires certain equipment provided by you, including but not limited to, a television capable of receiving a cable television signal and/or a personal computer, standard touch tone telephone, an Ethernet or other networking device, if required, and an appropriate operating system (the "Subscriber Equipment"), as well as certain other equipment installed and/or provided by Ygnition or its designee, including but not limited to an Ygnition Networks Digital Receiver (aka “Set Top Box”), a conditional access card (aka “Smart Card”) that is inserted into your receiver, and a remote control (for Cable Television service) and/or a Cable/DSL modem, software, hardware (for Internet Service), a VoIP ATA (for Voice over IP phone service) and external wiring owned by Ygnition ("Ygnition Equipment"). If you are leasing a Digital Receiver/Smart Card/Remote Control, a cable/DSL modem, wireless gateway/router, VoIP ATA or other device from us, the Digital Receiver/Smart Card/Remote Control, cable/DSL modem, gateway/router, VoIP ATA or other device is Ygnition Equipment. If you have purchased a cable/DSL modem, gateway/router, or other device (whether from us or from a third party) the cable modem, gateway/router, or other device is Subscriber Equipment. If you purchase your own cable modem, it must meet the DOCSIS compatibility requirements established by CableLabs and Ygnition. Ygnition does not sell Digital Receivers, Smart Cards, or Remote Controls. Smart Cards are nontransferable. Your Smart Card will only work in the Ygnition Networks receiver to which it was assigned by Ygnition Networks. If you report to the Customer Service Center that your Smart Card was lost, damaged, defective or stolen we will replace it, as long as there is no evidence of unauthorized tampering or modification. A replacement fee will apply. In certain cases, you may need additional specific equipment in order to receive certain Service features and/or functions. All of this equipment must also meet Ygnition's specifications and requirements.

Access to Subscriber's Premises: You authorize Ygnition and its employees, agents, contractors, and representatives to enter your premises at which the Service will be accessed (the "Premises") in order to install, configure, maintain, inspect, repair and remove the Ygnition Equipment, and to install, configure and inspect the Subscriber Equipment. All such access will occur during normal business hours and by appointment only.

Ygnition Equipment: The Ygnition Equipment will at all times remain the property of Ygnition or its designee. Ygnition reserves the right to install new or reconditioned equipment at its discretion. You acknowledge that the Ygnition Equipment is merely a means through which the Service is provided by us and may be removed or changed by us at our discretion as we deem appropriate. You agree not to use the Ygnition Equipment for any purpose other than to use the Service pursuant to this Agreement. You shall notify us promptly of any defect in, damage to, or accident involving Ygnition Equipment. During the term of this Agreement, Ygnition will repair and maintain all Ygnition Equipment and you agree that the Ygnition Equipment will not be serviced by anyone other than Ygnition employees, agents, or designees. You shall not sell, transfer, lease, encumber or assign all or part of the Ygnition Equipment to any third party. You will not relocate the Ygnition Equipment. At your request, we may, at an additional charge, relocate the Ygnition Equipment within the Premises at a time agreed to with you. If you change residences or disconnect your Service, you must contact Ygnition for additional information concerning disconnecting the Service, the possibility of connecting service in your new residence and the costs and procedures for transferring the Ygnition Equipment and Service to your new residence. Ygnition owned equipment must be returned in good working order within ten (10) days of disconnection of Service(s). You shall pay to Ygnition the full cost for the replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned Ygnition Equipment or part thereof, together a any incidental costs incurred by us relating to the replacement of the Ygnition Equipment or part thereof. An additional penalty charge may also be accessed for unreturned or damaged Ygnition Equipment. Ygnition may require a credit card on file to secure Ygnition owned equipment. In the event Ygnition equipment is not returned after deactivation of service, including deactivation for non-payment, you agree to have the credit card on file with Ygnition charged for the replacement cost of the equipment, plus processing and penalty fees. In order to receive a full or partial refund for unreturned equipment charges, you must return the Ygnition Equipment and request a refund within sixty (60) days of the unreturned equipment charge. Ygnition reserves the right to withhold money due Ygnition for service(s) from any unreturned equipment charged refund. If your Ygnition Networks Equipment is stolen or otherwise removed from your premises without your authorization, you must notify our Customer Service Center immediately, but in any event not more than three (3) business days after such removal to avoid liability for payment for unauthorized use of the Ygnition Networks Equipment (i.e. Service fees). You may not be liable for unauthorized use after we have received your timely notification.

Subscriber Equipment: You represent that you own the Subscriber Equipment or otherwise have the right to use such equipment in connection with the Service. Ygnition shall have no obligation to provide, maintain or service the Subscriber Equipment. If you proceed with the installation of or use the Service in conjunction with Subscriber Equipment that does not meet the minimum requirements (a "Non-Recommended Configuration"), you agree that (i) you will not be entitled to Subscriber support relating to any issues other than the quality of the signal delivered to the cable/DSL modem or gateway/router, and (ii) the following limitation of liability shall apply: NEITHER YGNITION NOR ANY OF ITS AGENTS WARRANT THAT A NON-RECOMMENDED CONFIGURATION WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE Service. YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION OR USE COULD CAUSE DAMAGE TO SUBSCRIBER EQUIPMENT, INCLUDING WITHOUT LIMITATION SUBSCRIBER'S COMPUTER, PERIPHERALS, SOFTWARE OR DATA. NEITHER YGNITION NOR ANY OF ITS AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. The foregoing limitation of liability is in addition to and shall not limit any other limitation of liability set forth in this Agreement. In addition, Ygnition reserves the right to terminate Service in the event of your use of a Non-Recommended Configuration.

2. Intellectual Property Rights.

Private Viewing: Ygnition Networks provides Services to you for your private home viewing, use and enjoyment. You agree that the Services provided will not be viewed outside of your private residence. You are permitted to exhibit the Services solely in your private residence and not in any other areas. The Services may not be rebroadcast, transmitted, recorded or performed, nor may admission be charged for listening to or viewing any Services provided by us. If we later determine that you utilized your Ygnition Networks Equipment (including any additional Ygnition Networks receivers) or sold, leased or otherwise gave possession of the same to a third party who you knew or reasonably should have known intended to use it to permit the viewing of the Services in a commercial establishment or any other area open to the public, we may terminate the Services and in addition to all other applicable fees, you agree to pay us the difference between the price actually paid for the Services and the full commercial rate for such Services, regardless of whether we have or had the commercial rights to such Services. The payment of that amount and/or the termination of Services shall not prejudice our ability to exercise any other rights and remedies we may have under this Agreement, at law, in equity, or otherwise.

Ownership of Addresses: You acknowledge that use of the Service does not give you any ownership or other rights in any Internet/on-line addresses provided to you, including but not limited to Internet Protocol ("IP") addresses, e-mail addresses and web addresses. We may modify or change these addresses at any time without notice and shall in no way be required to compensate you for these changes.

Authorization: Ygnition does not claim any ownership of any material that you publish, transmit or distribute using the Service. By using the Service to publish, transmit or distribute material or content, you warrant that the material or content complies with the provisions of this Agreement. You acknowledge that material posted or transmitted using the Service may be copied, republished or distributed by third parties, and you agree to indemnify, defend and hold harmless Ygnition, or its agents for any harm resulting from these actions.

Copyright in the Service: Title and intellectual property rights to the Service are owned by Ygnition, its agents, suppliers, or affiliates or their licensors or otherwise by the owners of such material and are protected by copyright laws and treaties. The copying, redistribution, reselling or publication of any part of the Service without express prior written consent from Ygnition or other owner of such material is prohibited.

Material Viewed or Downloaded through the Service: In addition to any content that may be provided by us, you may access material through the Service that is not owned by Ygnition. Specific terms and conditions may apply to your use of any content or material made available through the Service that is not owned by Ygnition. You should read those terms and conditions to learn how they apply to you and your use of any non-Ygnition content. Ygnition Networks reserves the right to download a Property specific web site onto Subscriber Equipment in utilization of the Services provided hereunder

3. Fees and Payments

Fees and Charges: You agree to pay all charges and fees associated with the use of the Service, which charges may include, without limitation, monthly service fees, charges for the use of Ygnition Equipment, installation charges and charges for service calls, access fees and other charges. In addition, you agree to pay all applicable federal, state and local fees and taxes. Ygnition shall have the right to change the amount of fees and charges from time to time at its discretion and upon reasonable advance notice. Monthly service, equipment and other fees shall be payable monthly in advance. Installation and other charges will be billed according to our then current billing policies. Your Ygnition invoice may also contain charges for other services ordered by you or anyone who uses your Ygnition Networks Equipment, whether with or without your permission and you agree to pay all such charges. Payment is due upon receipt of the first day of service.  Ygnition, at its discretion, may choose to allow a 30 day grace period. If we receive partial payment of any such invoices, we will apply such payment in the amounts and proportions to the outstanding charges as we determine. Our acceptance of any partial payment by you does not mean that we waive our rights to collect the full balance owed to us.

Recurring Payments: If authorized by you, Ygnition shall charge/debit all amounts payable by you to Ygnition pursuant to this Agreement to your credit card, debit card or banking account that you have designated for recurring payments to Ygnition. By enrolling for recurring payments you authorize us to continue charging/debiting the designated credit card, debit card or bank account for all monthly fees (including without limitation monthly service fees, access fees and equipment charges, as well as applicable taxes and fees) payable to Ygnition, and any other charges incurred by you and payable to Ygnition pursuant to this Agreement, until the earlier of your withdrawal of your recurring payment authorization or this Agreement is terminated. Monthly service fees and equipment fees may be charged up to thirty (30) days in advance. You agree to inform us immediately of any change in the information provided in your recurring payment authorization. Your card issuer agreement governs use of the credit card in connection with the Service, and you must refer to that agreement with respect to your rights and liabilities as a cardholder. Your banking institution's terms and conditions governs the use of a debit card or banking account in connection with the Service, and you must refer to those terms and condition with respect to your rights and liabilities as a debit card or banking account holder. If Ygnition does not receive payment from your credit card issuer, your bank or their agents, you agree to pay all amounts due upon demand by us.

Late Payments; Failure to Pay: You agree to pay Ygnition, as set forth in this Agreement, for any fees or charges due to Ygnition, including any administrative late fee(s) and related fees, charges and assessments due to late payments or non-payments. If any check payment is returned NSF it will be re-presented electronically and a processing fee, allowed by law, will be charged. If Ygnition does not receive any required payment from you by the date on which the payment is due, or you pay less than the full amount due Ygnition, you may be charged late fees and/or the Service may be disconnected. If the Service is disconnected, in addition to the rights and remedies of Ygnition under this Agreement or otherwise, you may be required to pay a reconnect fee in an amount determined by Ygnition (which you will be informed of prior to reconnection), in addition to all past due charges and a pre-payment equal to a minimum of one month's advance charges before the Service is reconnected. You may avoid these fees and other separate or additional charges relating to late payment and non-payment by complying with the payment provisions of this Agreement and by complying with Ygnition's current billing policies. If you fail to pay for the Service when due (because of a failure to comply with the payment provisions of this Agreement or for any other reason), you agree to voluntarily pay all administrative late fee(s) and related fees, charges and assessments due to late payment and non-payment. Ygnition does not anticipate that you will fail to pay for the Service on a timely basis. We do not extend credit to Subscribers and the administrative fee(s), related fees, charges and assessments are not interest, a credit service charge or a finance charge. You understand and agree that in the case of late payment or nonpayment for any Services ordered by you or for any of the charges listed in this Agreement, we may report such late payment or nonpayment to credit reporting agencies Ygnition's late fee practices may be revised to comply with applicable state or local laws, rules or regulations. If we are required to use a collection agency or attorney to collect money owed by you or to assert any other right that we may have against you, you agree to pay the reasonable costs of collection or other action. These costs might include, but are not limited to, the costs of a collection agency, reasonable attorneys' fees and arbitration or court costs. If you at any time fail, neglect, or refuse to make timely payments hereunder, or if a petition in bankruptcy shall be filed on your behalf or against you, or if you take advantage of any insolvency law or become insolvent or make an assignment for the benefit of creditors, or if a receiver, liquidator, or trustee is appointed for your property or affairs, we shall be wholly relieved from our obligations hereunder.

Additional Charges: The Service will allow you to access the Internet, content providers, providers of services, on-line services and other information. You acknowledge that you may incur charges on account of such access or usage through the Service separate and apart from the amounts charged by us. In addition, you may incur charges as a result of accessing on-line services or purchasing or subscribing to other offerings via the Internet or otherwise. You agree that all charges payable to third parties, including all applicable taxes, are your sole responsibility. In addition, you are solely responsible for protecting the security of credit card, payment, and personally identifiable information provided in connection with such transactions.

Credit for Service Outages: You are not entitled to receive credit for service outages. Ygnition may choose to issue credit to your account for service outages, but any credits will be issued on a case-by-case basis and completely at Ygnition’s discretion.

Billing Errors: Subject to applicable law, you must notify us of any billing errors or other requests for refund or credit within ninety (90) days of the date on which the error occurred. Failure to notify us in a timely manner of a dispute shall constitute acceptance of the bill. Undisputed portions of the billing statement must be paid before the next billing statement is issued to avoid an administrative fee for late payment. All payments for Services must be made directly by you to Ygnition. Ygnition Networks shall have no obligation to provide Services for which any payment is made by you to a third party.

4. Cable Television Regulations

Programming Changes: Except as otherwise set forth in this Agreement, you may change your programming selection at any time by notifying us at our toll free customer support number. A fee may apply to such changes (Change of Service Fee). In addition, you will be charged additional fees (Service Access Fee) if you order Digital programming but fail to subscribe to one of Ygnition Networks' basic Digital programming packages which include but are not limited to, America's Top 200, America's Top 250, America’s Everything, DISH Latino, DISH Latino Dos, Dish Latino Max or DISH Latino Everything.

Programming Availability: Certain Services transmitted by us, including but not limited to some subscription Services, sporting events and broadcast network Services, may be blacked out in your area of reception. If you circumvent or attempt to circumvent any of these blackouts, you may be subject to legal action. You must be at least 18 years of age, or the applicable age of majority where you reside, in order to receive adult-oriented programming services.

Ordering Pay Per View: You may order Ygnition Networks pay-per-view Services by using your on-screen Program Guide and remote control unit to select the movies and other events we offer. To order Ygnition Networks pay-per-view Services, your Ygnition Networks DBS digital receiver must be connected to a telephone outlet. You may also order Ygnition Networks special events and pay-per-view Services over the telephone by calling the Customer Service Center. A small fee will apply for the Customer Service Center call (Pay-Per-View Service Fee). By ordering pay-per-view services, you agree to pay the viewing fee for that event and acknowledge that you may be billed for any pay-per-view events after you have terminated your Ygnition Networks service. Ygnition reserves the right to limit or eliminate your ability to order pay-per-view content.

Digital Receivers: Your Ygnition Networks receiver contains certain components and software that are proprietary to Ygnition Networks. You agree that you will not try to reverse-engineer or disassemble any software or hardware contained within your receiver or our Smart Card. Such actions are strictly prohibited and may result in the termination of your Services and/or legal action. Ygnition Networks reserves the right to alter software in your Ygnition Networks receiver and provide content to PVR products through periodic downloads. Ygnition Networks will use commercially reasonable efforts to schedule these downloads in a manner that results in the least amount of interference with or interruption to your Service.

Additional Receivers: To independently tune additional televisions within your home to different digital channels, a separate Ygnition Networks receiver is required for each television. Each additional receiver would be authorized to receive the same Services as your initial receiver. Ygnition Networks will charge you a monthly fee (Receiver Access Fee) for each receiver on your account. This option is only available if your initial Ygnition Networks receiver and each additional receiver is located at the same residence and each are continuously connected to the same telephone line. If you desire to receive Services at two different locations, you must open a separate account for each location. You agree that you will not directly or indirectly use a single account for the purpose of authorizing Services for multiple Ygnition Networks receivers that are not all located in the same residence and connected to the same telephone line. If we later determine that you have used a single account to authorize Services in residences that are not your residence, we may terminate your Services and, in addition to all other applicable fees, you agree to pay us the difference between the amounts actually received by us and the full retail price for the Services authorized for each Ygnition NetworksDBS receiver on the account, whether owned by you or not. The payment of that amount and/or the termination of Services shall not prejudice our ability to exercise any other rights and remedies we may have under this Agreement, at law, in equity, or otherwise.

Changes in Services Offered: Ygnition Networks reserves the right to change the Services that we offer, including prices or fees related to such Services at any time and without notice. In the event of a change in the contents of any programming, programming packages or other Services, you understand and agree that we have no obligation to replace or supplement the programming, programming packages or other Services previously offered that have been deleted, rearranged or otherwise changed. You further understand and agree you will not be entitled to any refund because of a change in the contents of any programming, programming packages, or other Services previously offered.

5. Internet Regulations

Acceptable Use Policy: You expressly agree not to use the Subscriber Equipment, Ygnition Equipment or the Service, directly or indirectly, to undertake or accomplish any unlawful purpose or in violation of any posted Ygnition policy applicable to the Service, including without limitation any Ygnition Acceptable Use Policy (the "AUP") or other policy posted on the Service's web site at www.Ygnition.com or on another web site about which you have been notified. You further agree that the AUP or other policies may be modified by Ygnition from time to time. Notwithstanding anything to the contrary in this Agreement, you acknowledge and agree that the terms of the AUP and any other applicable Ygnition policies may be put into effect or revised from time to time without notice by posting a new version of the AUP or the other policy as set forth above. Accordingly, you and other users of the Service should consult the AUP and all other posted policies regularly to conform to the most recent version.

Prohibited Uses of the Service: Use of the Subscriber Equipment, Ygnition Equipment or the Service for transmission or storage of any information, data or material in violation of any federal, state or local law or regulation is prohibited. In addition, unless you are subject to a Service plan that expressly permits otherwise, the Service is to be used, and you expressly agree to use it, solely in a private residence. The Service is a community-based service in which the quality of service level is adversely impacted by virus attacks, spamming, uncontrolled peer-to-peer file sharing, and running servers on the network. In order to preserve the value of the network Ygnition has implemented the following requirements and procedures.

a. Virus protection: You are required and agree, at your sole cost and expense, to procure and maintain anti-virus software and keep it current with the latest updates. In addition you agree to maintain the most recent security patches for your computer's operating system. Violation of this policy is grounds for immediate termination of network access rights. To enhance virus protection, Ygnition may also perform basic filtering of port 135(RPC) and some NetBIOS ports.

b. Peer-to-peer file sharing: Ygnition Networks does not support unrestricted peer-to-peer file sharing and related downloads. File-sharing programs, at the sole discretion of Ygnition Networks, may be limited in order to preserve the capacity of the network. Service to Subscribers that continue to use an inordinate level of bandwidth due to peer-to-peer file sharing and related downloads after being informed by Ygnition Networks of the unacceptable usage, may be terminated without notice.

c. Spamming: Spamming (the transmission of unsolicited email) is not an acceptable use of the Ygnition network and violation will result in immediate termination of network access.

d. Without limiting the generality of the foregoing, the Service is for personal and non-commercial use only and you agree not to use the Service for operation as an Internet service provider, a server site for file sharing (including without limitation Peer to Peer file sharing or P2P), ftp, telnet, rlogin, e-mail hosting, "web hosting" or other similar applications, for any business enterprise, or as an end-point on a non-Ygnition local area network or wide area network.

e. Subscriber expressly acknowledges that Ygnition Networks 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 Ygnition Networks, in its sole and unfettered discretion, determines to violate the Agreement or is otherwise harmful to Ygnition Networks interests or the interest of others. If the Service is disconnected, in addition to the rights and remedies of Ygnition under this Agreement or otherwise, you may be required to pay a reconnect fee in an amount determined by Ygnition (which you will be informed of prior to reconnection), in addition to all past due charges before the Service is reconnected. You agree to indemnify, defend and hold harmless Ygnition and its agents against all claims and expenses (including reasonable attorney fees) arising out of any breach of this Section 5(b) including, but not limited to, any claims based on or arising out of any material violation of any applicable law.

6. Ygnition Digital Home Phone Regulations

LIMITATIONS ON 911 EMERGENCY CALLING. SECURE ALTERNATIVE ACCESS TO 911 SERVICES.

Important Information about 911 Emergency Dialing with Ygnition Networks Service

ANY 911 EMERGENCY DIALING PROVIDED WITH YGNITION NETWORKS IS NOT TRADITIONAL 911 EMERGENCY DIALING. YGNITION NETWORKS RECOMMENDS THAT YOU ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 EMERGENCY SERVICES.

We hope you never have to call 911, but if you do, please be aware of these important differences in calling 911 using your Ygnition Networks service, instead of using your traditional phone service.

USING YOUR Ygnition Networks SERVICE TO CALL 911: Ygnition approved equipment and a high speed Internet connection is needed to call 911.

In order to complete a 911 emergency call using your Ygnition service, you must use a high speed T3, T1, DSL or Cable Internet connection with a minimum speed (upstream and downstream) of 256Kbps and an either a VoIP telephone, or VoIP Adapter that is properly installed. If you have any question as to these technical details please contact Ygnition technical support immediately at 866-876-3278 or via email at support@ygnition.com.

Your 911 emergency call will be routed based on your service address. Your 911 emergency call is routed according to the service address you provided Ygnition when you ordered the service (or at an updated service address that Ygnition has processed for you). Ygnition service is to be used only at your service address. The terms and conditions of your Ygnition service prohibit using our service at a location other than your service address, and such misuse will cause your 911 calls to be routed to the incorrect Public Safety Answering Point (PSAP) and provide incorrect address information to the 911 operator. If your service address changes, you must update your information with Ygnition by either updating your profile online or emailing your new information to support@ygnition.com. Please allow at least 72 hours for any update become active.

Please give the 911 operator your name, phone number, location and the nature of your emergency. Your 911 emergency call routes automatically to the appropriate 911 operator based on the service address that you provided when you ordered your Ygnition service (or an updated service address that Ygnition has processed for you). Ygnition, nevertheless, recommends that you please state your name, phone number, location and the nature of your emergency when dialing 911.

SITUATIONS IN WHICH 911 EMERGENCY SERVICE WILL BE UNAVAILABLE:

1. Power Failure. Your Ygnition provided VoIP Adapter requires electrical power to operate. In the event of a power outage at your location, you will be unable to place a 911 emergency call using Ygnition Communications service.

2. Disrupted Internet connectivity. The Ygnition service requires a high-speed Internet connection approved by Ygnition to operate (e.g., T3, T1, DSL or cable Internet access). If Internet connectivity is disrupted, lost or degrade for any reason, your will be unable to place a 911 emergency call using Ygnition Networks service.

3. Equipment Malfunctions. If your T3, T1, cable or DSL modem, VoIP telephone or adapter, or other related equipment malfunctions, you will not be able to place a 911 emergency call using Ygnition. NOTE: If your handset or VoIP Adapter malfunctions, your will also be unable to place a 911 emergency call.

4. You Call 911 from a Location other than the Service Address Provided to Ygnition. Using your VoIP handset or adapter service at a location other than the service address provided to Ygnition is prohibited by the Terms and Conditions of your service and, as such, constitutes misuse. Because 911 emergency calls are routed to your current service address, 911 calls from a location other than the service address will route incorrectly. Updates to your service address can be made by sending an email to support@ygnition.com. Please allow at least 72 hours for update to become active.

5. Installation of VoIP Handset or Adapter. If your Ygnition VoIP handset or Adapter is incorrectly installed you may not be able to dial 911.

YOU AGREE THAT YGNITION NETWORKS CAN ONLY PROVIDE 911 SERVICE IN CERTAIN LOCATIONS, AND THAT YGNITNION NETWORKS MUST SUSPEND ALL SERVICES SHOULD THE DEVICE(S) BE PHYSICALLY RELOCATED TO AN ADDRESS WHERE YGNITION NETWORKS CANNOT PROVIDE 911 SERVICES. THE STREET ADDRESS LISTED BELOW IS THE REGISTERED LOCATION AND IS THE ADDRESS THAT WILL BE REPORTED TO THE 911 SYSTEM. THE CUSTOMER, AND ONLY THE CUSTOMER, HAS THE ABSOLUTE DUTY AND RIGHT TO NOTIFY YGNITION NETWORKS OF ANY CHANGE IN THE REGISTERED LOCATION.

YOU, THE CUSTOMER FURTHER UNDERSTANDS THAT THE 911 SERVICE PROVIDED BY YGNITION NETWORKS IS LIMITED BY COMPARISON TO TRADITIONAL E911 PHONE SERVICE INCLUDING, BUT NOT LIMITED TO THE WAYS DESCRIBED HERE. VOIP CALLS TRAVEL OVER THE INTERNET AND CAN BE SLOWED IN CASES WHERE THERE IS A BROADBAND CONNECTION FAILURE, DEGRADATION OF BANDWIDTH, DENIAL OF SERVICE ATTACKS, WORMS, HACKERS, VIRUSES, OR ANY OTHER KNOWN OR UNKNOWN CONDITIONS THAT INTERFERE WITH THE SPEED OR CAPACITY OF THE INTERNET OR THE CUSTOMER'S INTERNET SERVICE, LOSS OF ELECTRICAL POWER TO A REGISTERED LOCATION. VOIP CALLS MAY NOT BE ROUTED TO THE CORRECT 911 CENTER AND / OR MAY NOT BE ANSWERED WITH THE SAME PRIORITY AS OTHER 911 CALLS. CALLER INFORMATION (PHONE NUMBER / ADDRESS) MAY NOT BE DISPLAYED FOR THE 911.

7. Subscriber Information, Privacy, and Security

Subscriber Privacy and Security: You are responsible for maintaining the security of your password, accounts, files and network and user access. Ygnition warrants that it will not sell or disperse to any third party, personal information about you (including name, address or telephone number), your account (including password information), services subscribed to, or billing information (including but not limited to credit/debit card information, banking information, billing address or monthly amounts billed) unless legally compelled to do so by court order or warrant. Ygnition will only discuss your current billing amount, payment methods or addition/cancellation of services with you directly and as such, no third party or person designated by you may contact us to retrieve or change this information. To the extent that Ygnition is expressly required to do so by applicable law, we will provide notice to you of a breach of the security of certain personally identifiable information about you. It is Ygnition's information security policy to provide such notice to you in the manner set forth in Section 10(b) below.

Information Provided To Third Parties: The Service will allow you to access third parties, including without limitation, content providers, on-line services and other providers of goods, services and information. Some of these goods, services and information may be accessible directly from the Service, and others may be accessible from the third parties referenced above. In connection with this third party access, you may be requested or required to provide your name, address, telephone number, credit card number and other personally identifiable information to such third parties. Ygnition is not responsible for any such information provided by you to third parties, and this information is not subject to the privacy provisions of this Agreement or the Ygnition High-Speed Internet Privacy Statement. You assume all privacy and other risks associated with providing personally identifiable information to third parties via the Service. For a description of the privacy protections associated with providing information to third parties, you should refer to the privacy policies, if any, provided by those third parties.

8. Representations and Warranties of Subscriber.

You represent and warrant that:

Age: You are at least 18 years of age.

Subscriber Information: The Subscriber information that you have provided and will provide to Ygnition during the term of this Agreement, including without limitation your legal name, address, telephone number(s), the number of computers on which the Service is being accessed and payment data (including without limitation information provided when authorizing recurring payments) is accurate, complete and current. You agree to promptly notify us, in accordance with the terms of this Agreement, if there is any change in the information that you have provided to us. Failure to provide and maintain accurate information constitutes a breach of this Agreement.

Multiple Users: The Service and the Ygnition Equipment shall be used only by you and by members of your immediate household living with you at the same address. If you are using wireless or other technology to split the connection to multiple computers, you acknowledge that you are responsible for securing your network so as to prohibit connection and use of The Service by others outside of your immediate household. You acknowledge that you are executing this Agreement on behalf of all persons who use the Ygnition Equipment and/or Service by means of the Subscriber Equipment. You shall have sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this Agreement and the AUP. You further acknowledge and agree that you are solely responsible for and liable for any and all breaches of the terms and conditions of this Agreement and the AUP, whether the breach is the result of use of the Service and/or the Ygnition Equipment and/or Subscriber Equipment by you or by any other user. You agree to indemnify, defend and hold harmless Ygnition and its agents against all claims and expenses (including reasonable attorney fees) arising out of the use of the Service, the Ygnition Equipment and/or the Subscriber Equipment or the breach of this Agreement or the AUP by you or any other user.

Export Laws: You will comply with all applicable export and re-export control laws and their implementing regulations and you will not transfer, by electronic transmission or otherwise, any content derived from the Service to either a foreign national or a foreign destination without first obtaining any required government authorization. You further agree not to upload to the Service any data or software that cannot be exported without prior written government authorization. The terms "export" and "re-export" mean transferring or releasing technology to another country or to a national of another by any means - physical, electronic or otherwise. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals.

No Tampering: You will not service, alter, modify or tamper with the Ygnition Equipment or with the Service, or permit any other person (unless authorized by Ygnition) to do so.

IP Addresses: Ygnition will provide you with dynamic Internet protocol ("IP") address(es) as a component of the Service and these IP address(es) can and do change over time. You will not alter, modify, or tamper with these dynamic IP address(es) or those of any other Subscriber. You agree not to use a dynamic domain name server or DNS to associate a host name with the dynamic IP address(es) for any commercial purpose. You also agree not to use any software on or in conjunction with any computer(s) or network device connected to the Service that provides for static IP address(es). If applicable, Ygnition will release and/or recover the dynamic IP address(es) upon disconnection, discontinuance, or termination of the Service or this Agreement.

Theft of Service: You will not connect the Service or any Ygnition Equipment to more computers or digital receivers, either on or outside of the Premises, than are reflected in your account with us. You acknowledge that any unauthorized receipt of the Service constitutes theft of service, which is a violation of federal law and can result in both civil and criminal penalties. In addition, if the violations are willful and for commercial advantage or private financial gain, the penalties may be increased.

Prohibited Use and/or Activities: By entering into this agreement, you represent, warrant and agree that you will not engage in any of the following types of conduct ("Prohibited Use and/or Activities") in utilizing the Service:

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 Service 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 Service 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 Service to flood a use group or other online system with unsolicited, inappropriate or unwanted e-mail ("Spam");

g. Utilizing the Service 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 Service to host web servers, proxy servers, or any other Internet server.

9. Termination and Expiration

Term: No term shall be required of this Agreement. Rather, this agreement shall be continued and agreed upon by you on a month to month basis until terminated as provided for in this Agreement or until superseded by a revised version of this Agreement. Your subscription will be automatically renewed unless you contact us to cancel as provided for in this section.

Termination by Subscriber: You may terminate this Agreement for any reason at any time by providing Ygnition with verbal or written notice of termination at least 30 days prior to the date you wish to terminate service. In the event of your termination, any applicable fees and charges will accrue through the date of termination. In the event that you do not give at least 30 days notice of intent to terminate service, any prepaid monthly service fees for Service not received will not be refunded.

Termination by Ygnition: We may terminate this Agreement (i) at any time without prior notice if you fail to comply in full with any term of this Agreement, or (ii) for any other reason upon thirty (30) days notice to you. In the event Ygnition terminates the Service for any reason other than your violation of this Agreement, any fees and charges will accrue through the date of termination. Any prepaid monthly service fees for Service not received will not be refunded.

Transfer of Account, Services or Equipment: Ygnition Networks may sell, assign or transfer your account to a third party without notice to you. You may not assign or transfer your Services without our written consent, which will not be unreasonably withheld. We may, however, refuse to allow you to assign or transfer your Services if you lease your Equipment or if your account has an outstanding balance.

Subscriber Obligations upon Termination: You agree that upon termination of this Agreement: You will immediately cease use of the Service and the Ygnition Equipment. You will pay in full for your use of the Service and the Ygnition Equipment up to the later of the effective date of termination of this Agreement or the date on which the Service is disconnected and the Ygnition Equipment has been returned. You agree to pay on a pro-rated basis for any use by you of the Ygnition Equipment or Service for a part of a month. You shall return the Ygnition Equipment (including without limitation the modem and all power/Ethernet/USB cables and/or gateway/router and all power/Ethernet cables if you are leasing a modem and/or gateway/router from Ygnition) to Ygnition at your expense to 565 Andover Park West, Suite 201, Seattle, WA, 98188, within 10 days after termination of the Agreement. Upon our request, you will permit us, and our employees, agents, contractors, and representatives, to access your premises during normal business hours or by appointment to remove the Ygnition Equipment and other material provided by Ygnition. If any Ygnition Equipment is not returned, you agree that Ygnition may bill you for the charges referred to in Section 1(c) above, including without limitation charging your specified means of recurring payments, if applicable.

Retention of Rights: Nothing contained in this Agreement shall be construed to limit Ygnition's rights and remedies available at law or in equity. Upon termination of this Agreement for any reason, Ygnition and its suppliers reserve the right to delete all your data, files, electronic messages or other Subscriber information that is stored on Ygnition's or its suppliers' servers or systems. In addition, you may forfeit your account user name and all e-mail, IP, and web space addresses. We shall have no liability whatsoever as the result of the loss of any such data, names or addresses.

Survival: All representations, warranties, indemnifications and limitations of liability contained in this Agreement shall survive the termination of this Agreement, as well as any other obligations of the parties hereunder which, by their terms, would be expected to survive such termination or which relate to the period prior to termination.

10. Limitation of Liability; No Warranties; Warnings

Limited Warranty: THE YGNITION EQUIPMENT AND THE SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER YGNITION NOR ITS AGENTS WARRANT THAT ANY CONNECTION TO, TRANSMISSION OVER, OR RESULTS OF THE YGNITION EQUIPMENT OR THE SERVICE WILL MEET SUBSCRIBER'S REQUIREMENTS OR WILL PROVIDE UNINTERRUPTED USE OR WILL OPERATE AS REQUIRED, UNINTERUPTED, AT ANY MINIMUM SPEED, OR ERROR FREE. YOUR SOLE REMEDY FOR SERVICE INTERRUPTION SHALL BE LIMITED TO A PRORATED CREDIT UPON REQUEST ONLY IN THE EVENT OF COMPLETE FAILURE OF THE SERVICE DUE TO A TECHNICAL MALFUNCTION FOR TWENTY-FOUR (24) CONSECUTIVE HOURS OR MORE. TO QUALIFY FOR SUCH CREDIT, YOU MUST REQUEST THE CREDIT FROM YGNITION WITHIN THIRTY (30) DAYS OF THE FAILURE. CREDITS SHALL BE APPLIED ONLY AGAINST CURRENT AND FUTURE FEES PAYABLE BY YOU FOR THE SERVICE AND ANY CREDITS PROVIDED BY YGNITION ARE AT OUR SOLE DISCRETION AND IN NO EVENT SHALL CONSTITUTE OR BE CONSTRUED AS A COURSE OF CONDUCT BY YGNITION. NEITHER YGNITION NOR ITS AGENTS WARRANT THAT ANY DATA OR FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF PERFORMANCE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY EXCLUDED. IN NO EVENT SHALL WE HAVE ANY LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO THE EQUIPMENT OR RESULTING FROM OUR FURNISHING OR FAILURE TO FURNISH ANY SERVICES OR EQUIPMENT TO YOU, OR FROM ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN SERVICES OR EQUIPMENT FURNISHED TO YOU.

Limitation of Liability: EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, IN NO CIRCUMSTANCE AND UNDER NO LEGAL THEORY (INCLUDING WITHOUT LIMITATION TORT, CONTRACT, AND OTHERWISE), SHALL YGNITION OR ITS AGENTS HAVE ANY LIABILITY TO SUBSCRIBER OR TO ANY PERSON OR ENTITY FOR (i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES AND PERSONAL INJURIES (INCLUDING DEATH), RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING UNDER, RELATED TO, OR IN CONNECTION WITH, THE INSTALLATION, SELF-INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF THE SERVICE, THE YGNITION EQUIPMENT, OR THE SUBSCRIBER EQUIPMENT OR SUBSCRIBER'S RELIANCE ON OR USE OF THE SERVICE, THE YGNITION EQUIPMENT, OR THE SUBSCRIBER EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, COMPUTER, TELEVISION OR OTHER HARDWARE OR SOFTWARE BREACH, FAILURE, OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, THE RELOCATION OF ALL OR A PORTION OF THE SERVICES TO DIFFERENT SATELLITE(S), A CHANGE IN THE FEATURES AVAILABLE WITH YOUR YGNITION NETWORKS EQUIPMENT, LOSS OF RECORDED MATERIAL OR THE PREVENTION OF RECORDING DUE TO ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN SERVICES OR EQUIPMENT, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE SERVICE, THE YGNITION EQUIPMENT, OR THE SUBSCRIBER EQUIPMENT; OR (ii) ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES OR COSTS (INCLUDING LEGAL FEES) RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING UNDER, RELATED TO, OR IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE SERVICE, THE YGNITION EQUIPMENT, OR THE SUBSCRIBER EQUIPMENT BY SUBSCRIBER OR ANY OTHER PERSON OR ENTITY INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY.

Force Majeure: Neither party shall be held responsible for damages caused by any delay or default due to any contingency beyond its control, including without limitation, fires, floods, earthquakes, hurricanes, tornadoes, or other acts of God preventing or interfering with performance hereunder.

No Liability For Viruses: Ygnition makes no representation or warranty that any software or content installed on your computer(s) or downloaded from the Service does not contain a virus or other harmful feature or software and it is your sole responsibility to take appropriate precautions to protect any computer or other hardware of yours from damage to its software, files or data as a result of any such virus or other harmful feature or software. We may, but are not required to, terminate all or any portion of the installation or operation of the Service if a virus or other harmful feature or software is found to be present on your system. We are not required to provide you with any assistance in removal of the virus or other harmful feature or software. You acknowledge that you may incur additional charges for any service call made or required on account of any problem related to a virus or other harmful feature or software detected on your system. NEITHER YGNITION NOR ITS AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM ANY VIRUS OR OTHER HARMFUL FEATURE OR SOFTWARE OR FROM ANY ATTEMPT TO REMOVE IT.

Subscriber's Hardware and Software: The installation, configuration, use, inspection, maintenance, repair and removal of the Ygnition Equipment and/or certain Subscriber Equipment used in connection with the Service may result in service outage or potential damage to your computer(s) and other Subscriber Equipment. Except for gross negligence or willful misconduct by us, neither Ygnition nor any of its agents shall have any liability whatsoever for any damage, loss or destruction to the Subscriber Equipment (including without limitation your computer(s) and peripherals). In the event of such gross negligence or willful misconduct by Ygnition, at our sole discretion we shall pay for the repair or replacement of the damaged parts in an amount not to exceed $1,000 (U.S.) and this shall be your sole remedy relating to such activity. NEITHER YGNITION NOR ANY OF ITS AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, FILES OR DATA. In addition, the opening of your computer may void warranties provided by the computer manufacturer or other parties relating to the computer's hardware or software. You understand that your computer may need to be opened, either by you or by us or our agents, in connection with the installation or repair of the Service. NEITHER YGNITION NOR ANY OF ITS AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER AS THE RESULT OF THE VOIDING OF ANY SUCH WARRANTIES.

Not Liable For Third Parties: You understand that you will have access to the services and content of third parties through the Service, including without limitation that provided by content providers (whether or not accessible directly from the Service). Services, equipment, infrastructure and content that are not provided by us (even if they are components of the Service) are not the responsibility of Ygnition, and we shall have no liability with respect to such services, equipment, infrastructure and content. You should address questions or concerns relating to such services, equipment, infrastructure and content to the creators of such services, equipment, infrastructure and content. We do not endorse or warrant any third-party products, services or content that are distributed or advertised over the Service.

Subscriber Responsibility for Content: You acknowledge that there is some content and material on Television or the Internet or otherwise available through the Service which may be offensive to some individuals, may be unsuitable for children, may violate federal, state or local laws, rules or regulations or may violate your protected rights or those of others. We assume no responsibility for this content or material. All content and material accessed by you or others through the Service is accessed and used by you or such others at their own risk. NEITHER YGNITION NOR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO ACCESS TO SUCH CONTENT OR MATERIAL BY YOU OR OTHERS. It is your responsibility to impose any restrictions on viewing by you, other members of your household, or guests, and we shall have no liability to anyone due to or based on the content of any of the Services furnished to you. Questions or complaints regarding content or material should be addressed to the content or material provider. You acknowledge that software programs claiming to be capable of restricting access to sexually explicit or other objectionable material on the Internet are commercially available. We make no representation or warranty regarding the effectiveness of such programs.

Warning Against Piracy: It is a violation of several U.S. federal and state laws to receive any Services, or any portion of such Services, without paying for them. The penalties for violating such laws can range from imprisonment to civil damage awards of up to $110,000 per violation.

Monitoring of Postings and Transmissions: Ygnition shall have no obligation to monitor postings or transmissions made in connection with the Service. However, you acknowledge and agree that Ygnition and its agents shall have the right to monitor any such postings and transmissions, including without limitation e-mail, newsgroups, chat, IP audio and video, and web space content, from time to time and to use and disclose them as required by law or government request. We reserve the right to refuse to upload, post, publish, transmit or store any information or materials, in whole or in part, that, in our sole discretion, is unacceptable, undesirable or in violation of this Agreement.

Eavesdropping: Our facilities are used by numerous persons or entities including, without limitation, other subscribers to the Service. As a result, there is a risk that you could be subject to "eavesdropping." This means that other persons or entities may be able to access and/or monitor your use of the Service. This risk of eavesdropping exists not only with our facilities, but also on the Internet and other services to which access is provided as a part of the Service. Any sensitive or confidential information posted, stored, transmitted or disseminated by you is done so at your sole risk. NEITHER YGNITION NOR ITS AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO SUCH ACTIONS BY YOU. You acknowledge that software programs claiming to be capable of encryption are commercially available. We make no representation or warranty regarding the effectiveness of these programs.

FTP/HTTP Service Setup: You acknowledge that when using the Service there are certain applications such as FTP (File Transfer Protocol) or HTTP (Hyper Text Transfer Protocol) which may be used by other persons or entities to allow such other persons or entities to gain access to Subscriber's Equipment. You are solely responsible for the security of the Subscriber Equipment or any other equipment you choose to use in connection with the Service, including without limitation any data stored on such equipment. NEITHER YGNITION NOR ITS AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS RESULTING FROM, ARISING OUT OF OR OTHERWISE RELATING TO THE USE OF SUCH APPLICATIONS BY YOU, OR THE ACCESS BY OTHERS TO THE SUBSCRIBER EQUIPMENT OR OTHER EQUIPMENT OF YOURS.

File and Print Sharing: The Service functions in some ways as a Local Area Network (LAN) with each Subscriber constituting a node on the network. As such, users outside of the Premises may be able to access the Subscriber Equipment and other equipment connected in some way to the Subscriber Equipment. In addition, some available software includes capabilities that will permit other users to gain access to the Subscriber Equipment and other equipment connected in some way to the Subscriber Equipment, and to the software, files and data stored on such equipment. For example, operating systems such as Windows and Macintosh include file sharing and print sharing capabilities which, when enabled, will permit other users to gain access to the Subscriber Equipment and other equipment connected in some way to the Subscriber Equipment, even if you are not using the Service. Unless you are subject to a Service plan that expressly provides otherwise, we recommend that you connect only a single computer to the Service and that you disable file and print sharing and other capabilities that allow outside users to gain access to the Subscriber Equipment. You acknowledge that if you choose to run these applications, you should take appropriate security measures, and that any failure by you to follow this recommendation is at your sole risk. NEITHER YGNITION NOR ITS AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS RESULTING FROM, ARISING OUT OF OR OTHERWISE RELATING TO ACCESS BY OTHERS OF THE SUBSCRIBER EQUIPMENT OR ANY OTHER EQUIPMENT CONNECTED IN SOME WAY TO THE SUBSCRIBER EQUIPMENT, OR TO THE SOFTWARE, FILES AND DATA STORED ON SUCH EQUIPMENT.

Facilities Allocation: Ygnition reserves the right to determine, in its discretion, and on an ongoing basis, the nature and extent of its facilities allocated to support the Service, including, but not limited to, the amount of bandwidth to be utilized and delivered in conjunction with the Service.

Cookies: You acknowledge that accessing certain web sites through the Service may result in a "cookie" being placed on your computer system. Cookies are small files stored on a computer's hard drive to simplify and improve a user's Web experience. It is your responsibility to disable or restrict the placement of cookies through whatever procedures are available on your browser if you don't want them placed on your computer system.

Sole Remedy: Your sole and exclusive remedies under this Agreement are as expressly set forth in this Agreement. Some states do not allow the exclusion or limitation of implied warranties, and some states do not allow the limitations or exclusion of incidental or consequential damages, so certain of the above exclusions may not apply. In such states, the liability of Ygnition and its affiliates, suppliers, and agents is limited to the maximum extent permitted by law.

11. Governing Law and Dispute Resolution

Arbitration The parties agree to submit any dispute arising out of or in connection with this Agreement to binding arbitration in King County, Washington, before the American Arbitration Association pursuant to the provisions of this Section, and, to the extent not inconsistent with this Section, 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.

12. Miscellaneous

Contacting Us: For any inquiries or notices required in connection with this Agreement, you may contact us via telephone at 1-866-876-3278, via e-mail at customersupport@ygnition.com or in writing to Ygnition Networks, Attn: Subscriber Service, 565 Andover Park West, Suite 201, Seattle, WA 98188. Notice: Ygnition may deliver any required or desired notice to you by posting it on the Service's web site at www.Ygnition.com or on another web site about which you have been notified, by sending notice via e-mail to the e-mail address on Ygnition's account records or first class U.S. postal mail or overnight mail or hand delivered to your physical address of record, or by notation on your billing statement. You agree that any one of the foregoing will constitute sufficient notice. Because we may from time to time notify you about important information regarding the Service and the Agreement by these methods, you agree to regularly check your postal mail, e-mail and all postings on the Service's web site at www.Ygnition.com or on another web site about which you have been notified and bear the risk of failing to do so. If you give notice to us, it will be deemed given when received by us at the address listed on the first page of this Agreement.

Changes to the Service and the Agreement: Ygnition may, in it sole discretion, change, add to or remove portions of the Service (including without limitation content, functionality, hours of availability, equipment requirements, speed, and upstream and downstream rate limitations) at any time without notice. In addition, we may amend or modify this Agreement at any time in our sole discretion. We will notify you of any such amendments or modifications as set forth in Section 10(b) above. You agree that any one of the foregoing will constitute sufficient notice of these changes. Your continued use of the Service following notice of these changes shall be deemed to be your acceptance of any the changes. If you do not agree to any changes, you must immediately stop using the Service and notify Ygnition that you are terminating this Agreement. You may not amend or modify this Agreement without Ygnition's prior written consent, which we may provide or withhold in our sole discretion. Any attempt by you to amend or modify this Agreement by any other means, including but not limited to, a check notation, a restrictive endorsement, or a note with a payment, is invalid and unenforceable.

Assignment: Ygnition may assign its rights and obligations under this Agreement, without notice, to (i) any affiliate of Ygnition, (ii) to any party (or its affiliate) acquiring all or substantially all of the assets or stock, by merger or otherwise, of Ygnition or any affiliate of Ygnition, or (iii) to any person or entity purchasing or otherwise acquiring the Ygnition system serving the Premises. This Agreement may not be assigned or transferred by Subscriber without Ygnition's prior consent.

General: This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement, and supersedes and replaces any and all prior written or verbal agreements.

Applicable Law: This Agreement, including all matters relating to its validity, construction, performance and enforcement, shall be governed by applicable federal law, the rules and regulations of the Federal Communications Commission, and 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 King County, State of Washington In the event that any portion of this Agreement is held to be 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 the provisions shall remain in full force and effect. Ygnition's 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.

Revised and effective: October 2007