Billing and Complaint Procedures

BILLING PROCEDURES

OpenBand will mail a statement to you monthly. It will include an itemization of the amount due for the current billing cycle plus past due amounts from the previous billing cycle, if any. The total of these amounts is the amount due to the company. Your monthly billing begins the day installation of service is completed. If you disconnect service, your next statement may not include charges for pay-per-view movies or events that may still be recorded in your OpenBand conve rter at the time of disconnection. We will review these converters on their return and will include any unrecorded movie or event charges on your final statement.

PAYMENT DUE DATE

Statements will be mailed monthly and require payment by the last day of the same month. Accounts with a delinquent balance will be assessed a late fee of 1.5%

PAYMENT OPTIONS

OpenBand offers several convenient methods to pay your monthly invoice:

1. U.S. Mail to the remit address enclosed with your statement.

2. On-line payment with your Visa or MasterCard from the OpenBand Customer Care Web Site: http://support.openband.net.

RETURNED CHECK POLICY

We charge customers $20.00 for each returned check.

DISCONNECTION OF SERVICES

OpenBand will promptly disconnect your elective services upon request. If a disconnect date is not specified, OpenBand will disconnect your service the day following the date we receive your request. You are responsible for all service charges until we disconnect your service. We may continue to charge you for service after you disconnect if you delay in returning company equipment.

RECONNECTION CHARGES, TERMS AND CONDITIONS

OpenBand may disconnect your service if you do not pay any bill after the company has given you written notice of its intent to disconnect. Before restoring service after being disconnected for non-payment, OpenBand may require payment of the full balance owed to OpenBand, a security deposit, the published reconnection charge and any applicable franchise fees, taxes and any other applicable charges. On the day of the scheduled disconnect, OpenBand will allow a customer to pay the entire past due balance, including any applicable collection, deposit or other charges, directly to the OpenBand technician prior to completion of the physical disconnect. Disconnected customers who elect to remain disconnected are legally responsible for payment of all past due amounts, as well as for the safe return of all company property. Absent immediate return of company equipment, OpenBand will bill the former customer $350.00 for each digital converter. The company reserves the right to pursue all legal remedies to enforce payment for company equipment, unless the equipment is returned in good working condition.

CREDITS FOR SERVICE OUTAGES
OpenBand will issue credit for certain system outages not resulting in part or entirely from circumstances beyond OpenBand's reasonable control that exceed two-hours in duration to affected customers applying for such credit. The credit amount is determined based on the customer's monthly services, the number of services affected and the total outage time. Customers may request credit by telephone or in writing within thirty (30) days of the outage. The company will not issue credit if prevent ed from gaining access to its equipment to fix the problem. Credits are issued no later than the next billing cycle, following a determination that credit is warranted.

OpenBand will issue credit for certain system outages not resulting in part or entirely from circumstances beyond OpenBand's reasonable control that exceed two-hours in duration to affected customers applying for such credit. The credit amount is determined based on the customer's monthly services, the number of services affected and the total outage time.

OpenBand shall provide video service subscribers with a credit or rebate for a video service outage that has been caused by a failure of the video system. Video system failures caused by normal operating conditions which were not the fault of or under the control of OpenBand are not subject to a rebate or credit by OpenBand except as stated below. In any given month, subscribers shall be automatically compensated through the use of a rebate for video service outages lasting lon ger than twelve (12) hours. For an outage of twelve (12) to twenty-four (24) hours, the credit or rebate shall be calculated at twenty percent (20%) of the subscriber's monthly cable bill for that period. For outages in excess of forty-eight (48) hours, the credit or rebate shall be calculated at one hundred percent (100%) of the bill.

CHANGES OF SERVICE

Customers may order additional services offered by OpenBand by calling Toll Free (866) OPENBAND. Customers have the right to rescind their order for new services without charge prior to installation or activation. Billing will begin at the time the service is activated on the customer's account. Customers who participate in a promotional offer with a discount on monthly service fees will revert back to the standard monthly fee for the service at the end of the promotional perio d unless the customer terminates the service.

COMPLAINT RESOLUTION

You can report any performance issues with OpenBand services by contacting our Toll Free Customer Service telephone number, (866) OPENBAND (866-673-6226). You may also write to the address listed below. OpenBand personnel are available 24 hours a day. Investigative action will be initiated on the same day, if possible, but in no case later than the following business day. OpenBand's highly trained staff is able to handle the questions over the phone and initiate corrective acti on:

OpenBand Customer Relations Manager 22461 Shaw Rd. Dulles, VA 20166

billing@openband.net (for billing issues); or support@openband.net (for service issues)

You may also contact the local franchising authority regarding OpenBand video service. Loudoun County residents should contact:

Cable and OVS Commission Loudoun County Government Center 1 Harrison Street Leesburg, VA 20177 (703) 777-0218

If a billing dispute occurs, customers have thirty (30) days from the date of receipt of the bill to register a written dispute and are required to pay the undisputed amount.

When a complaint is registered in writing, OpenBand will reply within thirty (30) working days of receipt. The reply will include a statement of action taken, description of future work needed to resolve any issue or an explanation why the complaint is unjustified or outside the jurisdiction of the company.

Installation and Service Maintenance Policies

INSTALLATIONS

Under normal operating conditions installations are performed within seven (7) business days after an order has been placed. OpenBand requests 2 weeks notice for new service activations.

SCHEDULING OF INSTALLATIONS AND SERVICE CALLS

Customers can reach OpenBand Customer Service at (703) 961-1110 or by email at support@openband.net.

The following shall apply to customers requesting installations or service: OpenBand shall, at the customer's discretion schedule the customer between 8am-12pm or 1pm-5pm; OpenBand will respond to the request for service in accordance with the time slot selected by the customer.

OpenBand will not cancel an appointment with a customer after 4 PM on the business day prior to the scheduled appointment. If our technician is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the OpenBand technician will promptly contact the customer. The appointment will be rescheduled, as necessary, at a time certain that is convenient for the customer.

In the event access to the customer's premises is not available when the technician arrives during the established appointment window, the technician will leave written notification stating the time of arrival and requesting that the customer contact OpenBand to establish a new appointment window.

SERVICE CALL CHARGES

Service calls required to resolve a service problem are generally provided at no cost to the customer. Customers will be charged the applicable fee for service calls caused by (1) customer negligence, (2) destruction of or tampering with company's equipment, (3) improperly connected or malfunctioning VCR's, computers, video games or other customer equipment, or (4) a problem not within the control of OpenBand.

RESPONSE TIMES

Excluding situations beyond our control, OpenBand will begin working on a customer service interruption promptly and in no event later than forty-eight (48) hours after becoming aware of the interruption. OpenBand will respond within two (2) hours, including weekends and holidays, after receiving notice of a system outage.

OpenBand's Glass Mile Internet service delivers an always-on Internet connection over an all fiber optic connection to customer's home. OpenBand Internet connects to your PC or Macintosh computer through an Ethernet port; no modem is required. Residential customers can connect multiple computers. Internet service also includes up to five email accounts and Web space for a personal Web page.

OpenBand also offers an alternative high-speed Internet service, which uses an external modem, to some condominium communities. This service uses the building's existing phone cable infrastructure to deliver high-speed Internet service. This service is subject to the same terms and conditions provided below. This alternative Internet service does require filters to be installed at any other phone connection in the home to be used for telephone services (phone, fax, cable set -top, etc.)

Our Internet services work in conjunction with all Web browsers and e-mail software including Microsoft Internet Explorer, Netscape Navigator, Microsoft Outlook and Outlook Express. We set forth below the Terms and Conditions that govern the use of the OPENBAND's Glass Mile Internet service and alternative high-speed Internet service.

Customer Equipment Requirements

Your Computer must possess the minimum technical specifications listed below to utilize service:

Internet Acceptable Use Policy

Before using the OPENBAND's Internet Service, you should carefully review OpenBand's use and privacy policies, as well as the other terms and conditions of your subscription. The OPENBAND Internet Acceptable Use Policy, Privacy Policy and Conditions of Subscription are always available for your review on the OPENBAND Web site at www.openband.net. BY ESTABLISHING AN ACCOUNT OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE CONDITIONS OF SUBSCRIPTION AND TO USE THE SERVICE IN COMPLIANCE WITH THOSE CONDITIONS, THE ACCEPTABLE USE POLICY AND OTHER POLICIES ADOPTED BY OPENBAND INTERNET. The purpose of this Acceptable Use Policy is to ensure that OpenBand's Internet service (the "Service") is used in ways that are consistent with the specifications of a shared network, and the standards of our local municipality and the Internet community. The policy also aims to ensure that the Internet access resources we provide are used in a manner that benefits everyone. In this Policy, we refer to OpenBand as the "PROVIDER" and you as the "CUSTOMER." In order to use the OPENBAND Internet service, you must read, understand and agree to abide by the Internet Acceptable Use Policy, as it may be revised from time to time.

A. CUSTOMER must use the Service in a manner that is ethical and in conformance with prevailing community standards. PROVIDER shall have the sole and non-reviewable right to determine whether CUSTOMER'S use violates this standard.

B. CUSTOMER must use the Service in a manner that respects the integrity of our system and all components thereof. CUSTOMER will not use or allow others to use the Service to disrupt PROVIDER'S network or Equipment, or Equipment owned by other PROVIDER customers. For example, CUSTOMER agrees not to: (i) use or allow others to use the Service to disrupt other Internet Service Providers' or Service, including but not limited to by e-mail bombing or the use of mass mailing progra ms; (ii) access or attempt to access other users' systems; (iii) disrupt others' use of the network; (iv) damage or change PROVIDER'S or other users' computer hardware or software in any way, whether directly or indirectly.

C. CUSTOMER must use the Service in a manner that does not create routing or traffic patterns that are inconsistent with the effective use of a shared network. PROVIDER shall have the sole and unreviewable right to determine whether CUSTOMER'S use violates this standard.

D. CUSTOMER shall not use the PROVIDER equipment or the Service, directly or indirectly, for any unlawful purpose. CUSTOMER shall not post or transmit through the Service any material (including any message or series of messages) that violates or infringes in any way upon the rights of others (including copyright or trademark rights), that is unlawful, threatening, abusive, obstructive, harassing, libelous, invasive of privacy or publicity rights, or in the circumstances would be obscene or indecent, constitutes hate speech or is otherwise offensive or objectionable, or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. CUSTOMER also shall not link his/her personal home page to material or content that violates the Service's Acceptable Use Policy or as specified by rules that the PROVIDER may, from time to time, promulgate to govern CUSTOMER conduct. PROVIDER shall have the sole and unreviewable right to determine whether content violates these standards.

E. CUSTOMER shall not resell the service or otherwise charge others to use the service, in whole or in part, directly or indirectly, or on a bundled or unbundled basis. The service is to be used solely in a private residence; living quarters in a hotel, hospital, dorm, sorority or fraternity house, or boarding house; or the residential portion of a premises which is used for both business and residential purposes. Without limiting the generality of the foregoing, the service i s for personal and non-commercial use only and CUSTOMER agrees not to use the service for operation as an Internet service provider, a server site for ftp, telnet, rlogin, e-mail hosting, "web hosting" or other similar applications, for any enterprise, business or non-profit. CUSTOMER also agrees to utilize the service only using the computers and/or other appliances installed as part of his/her home local area network.

F. CUSTOMER shall not utilize excessive "bandwidth" (i.e. volume of data transmitted) arising out of the Service at any time and on an on-going basis. The usage shall be considered "excessive" if it significantly exceed the regular residential service usage patterns. PROVIDER shall have the sole and unreviewable right to determine whether CUSTOMER'S use violates this standard.

G. CUSTOMER may not use the Service for spamming. This includes but is not limited to the following:

• Sending bulk unsolicited messages
  
• Sending e-mails which provoke complaints from the recipients
  
• Sending junk email
  
• Using distribution lists that include people who have not given their permission to be included in such a distribution process
  
• Posting commercial ads to Usenet groups that do not permit them
  
• Posting articles that contain binary encoded data to non-binary newsgroups
  
• Sending excessive and repeated off-topic messages to newsgroups
  
• Sending excessive and repeated cross-postings
  
• Harassing other Internet users including but not limited to transmitting any threatening, libelous or obscene materials.
  
• Posting or transmitting charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes or contests, or any other duplicative or unsolicited messages (commercial or otherwise).
  
• Posting or transmitting through the Service any material that constitutes or contains advertising or any solicitation with respect to products or Service.
  
  

H. CUSTOMER will not use, nor allow others to use, the Service to intentionally transmit computer "viruses," worms, "Trojan horses" or other harmful software programs and will use CUSTOMER'S best efforts to prevent the unintentional transmission of such viruses or other harmful software.

I. CUSTOMER will not impersonate another user, falsify one's user name, age or identity in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists. CUSTOMER will not forge any message header of any electronic transmission, originating or passing through the Service.

J. CUSTOMER must respect the property rights of others, including those conferred by copyright, trademark and other laws that protect intellectual property rights. Except as allowed by applicable law, CUSTOMER shall not upload, post or otherwise make available on the Service any material protected by copyright, trademark, or trade secret or other proprietary right without the express permission of the owner thereof. CUSTOMER may upload public domain materials and is resp onsible for and assumes all risks with respect to the determination of whether materials are in the public domain.

Internet Service Privacy Policy

This Privacy Policy is designed to explain: (i) our commitment to maintaining your privacy; (ii) your rights; and (iii) our information collection and monitoring activities.

COLLECTION OF YOUR INFORMATION

PROVIDER requests certain personal information, such as your name, address, telephone number and e-mail address, at the time you subscribe to the Service. The personal information contained in PROVIDER'S business records is used to manage your account for billing purposes. It is generally not shared with a third party, except in the limited circumstances described in this Policy.

PROVIDER also collects, uses and releases information on your use of the Service as necessary to render the Service, to otherwise undertake legitimate business activities related to the Service and to comply with law. PROVIDER may collect information in accordance with applicable law concerning your use of the Service and your preferences which are reflected in the choices that a you make among the range of services offered as part of the Service, the time that you actually use the Service, the menus and features used most often by the you, and other information about a your "electronic browsing."

USE OF YOUR INFORMATION

PROVIDER'S business records generally are used: (i) to help make sure that you are properly billed; (ii) send you pertinent information about the Service; and (iii) for accounting purposes.

Collecting information contained in transmissions made by you through the Service directed to PROVIDER or other service providers to which access is provided as part of the Service, is necessary to provide the Service. This information is generally used to: (i) execute requests and orders placed by you with advertisers, merchants, and service providers; (ii) understand your reactions to various features of the Service or the Internet; (iii) personalize the Service based on you r interests; (iv) diagnose any problems that may arise from your or other's use of PROVIDER's service. Such information helps PROVIDER improve the Service and uncover unauthorized access to the Service or your data and may be provided to law enforcement agencies in the event of such unauthorized access.

RIGHT TO MONITOR COMMUNICATIONS AND DISCLOSE INFORMATION

Although PROVIDER has the right to monitor your use of the Service, PROVIDER will generally not monitor or disclose the contents of your private communications. However, PROVIDER may disclose personal information about you and/or your account at our sole discretion in order to comply with the Electronic Communications Privacy Act, the Digital Millennium Copyright Act or any other applicable laws, to enforce our Acceptable Use Policy, to protect the integrity of PROVIDER'S oper ations, to protect our customers or to prevent a crime. PROVIDER will also comply with the Children's Online Privacy Protection Act of 1998 and all other applicable laws designed to protect children.

Some third parties might acquire information about you when you use or visit their web sites or services via the Service. PROVIDER does not undertake to monitor, and may not be capable of monitoring, the collection, use or disclosure of such information.

THE CABLE PRIVACY ACT

You are entitled under federal law to a statement about our collection and use of certain information that we learn about you. That information is required to be provided in a separate written statement and is included under the VIDEO SERVICE section of OpenBand's terms and conditions.

QUESTIONS REGARDING THIS PRIVACY POLICY

If you have any questions concerning this Privacy Policy, you may call OpenBand Customer Service at (703) 961-1110, toll-free at (866) OPENBAN or email us at support@openband.net

REVISIONS TO THE PRIVACY POLICY

Provider reserves the right to update or modify this Privacy Policy at any time. Notice of modifications to this Privacy Policy may be given by posting such changes to PROVIDER's Web site at: www.openband.net, by email and/or by U.S. Postal mail.

Conditions of Subscription to Internet service

PLEASE CAREFULLY READ THE FOLLOWING STATEMENT OF TERMS AND CONDITIONS (THE "TERMS"). These Terms identify the rights and obligations of the parties with regard to the Internet service delivered by OpenBand to its customers. In the agreement below, we refer to OpenBand as the "PROVIDER" and you as the "CUSTOMER." By establishing an account or using the service, you agree to be bound by the terms and to use the service in compliance with th e terms, any additional acceptable use policy and other policies.

1. GENERAL

A. PROVIDER provides its Internet services, as they may exist from time to time ("Service"), to users who establish an authorized account ("Account") and pay a monthly service fee to subscribe to the Service ("CUSTOMERS"). BY ESTABLISHING AN ACCOUNT OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND TO USE THE SERVICE IN COMPLIANCE WITH THIS AGREEMENT, ANY ADDITIONAL ACCEPTABLE USE POLICY AND OTHER POLICIES. If you do not agr ee to the terms and conditions of this Agreement, including any future revisions, you may not use the Service and if you are a current CUSTOMER, you must immediately notify PROVIDER and terminate your use of the Service.

B. These Terms and Conditions of Use set forth the terms and conditions that apply to the use of the Service by CUSTOMER. No representation, warranty, term or condition, other than as specifically set forth in these Terms, shall be binding on PROVIDER.

C. CUSTOMER understands that the Service provides an uncensored feed from the Internet and that PROVIDER does not control, and assumes no responsibility for, content on the Internet or posted by a CUSTOMER.

D. PROVIDER shall have the right at any time to change or discontinue any aspect or feature of the Service, including but not limited to content, hours of availability, and equipment needed for access to and use of the Service. Either PROVIDER or CUSTOMER may terminate the Service to CUSTOMER at any time. PROVIDER further has the right to add to or modify any rules, terms and conditions governing use of the Service at any time.

E. CUSTOMER is responsible in all respects (including all payment obligations) for all use of CUSTOMER'S Account in all circumstances, including under any screen name or password by any person. CUSTOMER will ensure that all use of CUSTOMER'S Account complies fully with the provisions of these Terms and any operating rules that may be promulgated from time to time by PROVIDER, and all use by others of CUSTOMER'S Account is subject to the terms hereof. CUSTOMER shall be re sponsible for protecting the confidentiality of CUSTOMER'S passwords.

F. CUSTOMER represents and warrants that he or she is at least 18 years of age. CUSTOMER may, at his or her discretion, permit minors to use the Service under adult supervision.

G. CUSTOMER is prohibited from transferring his/her Account to any other person or new residence.

H. OpenBand turns "File Sharing" OFF by default when configuring your system during initial installation. This means that other customers with "File Sharing" ON will NOT see your computer on the "Network Neighborhood" local area network setting UNLESS you change "File Sharing" to ON after installation. We highly recommend that you leave File and Print Sharing services turned off. If you leave File and Print Sharing ON, it is possib le that other users can access your machine while you are on the Internet. This is true for Windows 95, 98, 2000, Me, Macintosh and other operating systems. All Internet Service Providers and all IP (Internet Protocol) communications share this anomaly, regardless of the type of connection. If you need to use File and Print Sharing, enable the service only when needed and then turn it off. Consider using passwords with file-sharing applications. Passwords can reduce but not entirely eliminate this risk. A ny Customer who chooses to enable file sharing, print sharing or other capabilities that would allow users to gain access to the Customer's computer, hereby acknowledges and agrees that the Customer does so at the Customer's own risk, and that OpenBand shall have no liability whatsoever for any claims, losses, damages, actions, suits or proceedings arising out of or otherwise relating to such use by the Customer.

2. CHARGES

A. CUSTOMER must (i) provide PROVIDER with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to PROVIDER all changes to this information within thirty (30) days of the change. CUSTOMERS are responsible for any charges to their Account.

B. CUSTOMER agrees to pay for the Service that he or she has subscribed to, including applicable charges for installation and all applicable local, state or federal fees or taxes. Monthly charges for the Service are set forth on a separate price list ("Price List") and are subject to change in the future. Service charges will be billed monthly in advance and are payable on the due date specified on the bill.

C. An administrative late charge may be charged on past due accounts for PROVIDER Service. Payment for your PROVIDER service must be received by PROVIDER on or before the due date stated on your PROVIDER monthly bill. Failure to deliver payment by the due date is a breach of your PROVIDER subscription agreement. This individual breach causes PROVIDER to suffer damages in an amount that is difficult to ascertain with certainty. PROVIDER has made a reasonable estimate to d etermine the damages caused by late payments generally and has used this estimate to set a liquidated damages late fee amount. The current late fee is listed in the Price List or can be provided upon request. PROVIDER reserves the right to change the late fee amount at any time in the future upon notice to you of the new amount.

D. Delinquent Premium accounts may be suspended or canceled at PROVIDER'S sole discretion; however, charges will continue to accrue until the account is canceled. If CUSTOMER discontinues the Service or the Service is discontinued for non-payment, he/she will be required, in addition to payment of all overdue balances, to pay a reconnect charge or trip charge (where applicable) before reconnection.

E. PROVIDER may charge a service fee for all returned checks and card charge backs.

F. CUSTOMER will be responsible for all expenses (including reasonable attorneys' fees) incurred by PROVIDER in collecting any amounts due in accordance with these Terms and unpaid by CUSTOMER.

A. The charges for the Service may include (i) rental of any equipment, if necessary, to be installed at the CUSTOMER'S premises to permit connection of a single computer to the Service (the "PROVIDER Equipment"), (2) Always on Internet connection to the Internet.

B. CUSTOMER understands and agrees that use of the Service requires certain equipment provided by the CUSTOMER such as a personal computer with Ethernet card and an appropriate operating system ("CUSTOMER Equipment"). CUSTOMER represents that (s)he owns the CUSTOMER Equipment or otherwise has the right to use it in connection with the Service. CUSTOMER agrees to connect only PROVIDER-approved equipment to the Service. CUSTOMER shall have sole responsibility for protecting all CUSTOMER Equipment and software from loss or damage including, but not limited to, power surges, lightning, fire, flood and acts of God. The installation, use, inspection, maintenance, repair and removal of the PROVIDER Equipment may result in service outages or potential damage to CUSTOMER Equipment. CUSTOMER understands and accepts the risks associated with failing to back-up all existing computer files by copying them to another storage medium prior to such activities. PROVIDER SHALL H AVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, COMPUTER PERIPHERALS, FILES OR DATA.

C. PROVIDER will install the PROVIDER Equipment and Software. CUSTOMER acknowledges that the use of the Service may periodically require updates and/or changes to the Software. PROVIDER may enter CUSTOMER'S premises and have access to CUSTOMER'S Computer periodically during the term hereof to install, connect, inspect, maintain, repair or alter the PROVIDER Equipment or associated hardware or the Software, or to disconnect and remove the PROVIDER Equipment.

D. PROVIDER shall have the right to upgrade the PROVIDER Equipment and Software from time to time through "downloads" from the network or otherwise, to conform the PROVIDER Equipment and Software to its current network specifications. This may include limitations on the throughput available through individual modems.

E. If CUSTOMER is not the owner of the premises upon which PROVIDER Equipment and Software are to be installed, CUSTOMER warrants that he/she has obtained the consent of the owner of the premises for PROVIDER personnel or its agents to enter the premises. CUSTOMER agrees to indemnify and hold PROVIDER harmless from any claim resulting from a breach of this warranty.

F. PROVIDER Equipment. (i) PROVIDER Equipment is and at all times shall remain the sole and exclusive personal property of PROVIDER, and CUSTOMER shall acquire no interest therein by virtue of the payments provided for herein or the attachment of any portion of the PROVIDER Equipment to the CUSTOMER'S residence or otherwise (ii) CUSTOMER will not open, alter, misuse, tamper with or remove the PROVIDER Equipment as and where installed by PROVIDER, and will not remove any markings or labels from the PROVIDER Equipment indicating PROVIDER ownership. CUSTOMER will safeguard the PROVIDER Equipment from loss or damage of any kind, and will not permit anyone other than an authorized representative of PROVIDER to perform any work on the PROVIDER Equipment. (iii) Upon termination of the Service, for whatever reason, CUSTOMER acknowledges that his/her right to possess and use the PROVIDER Equipment shall likewise terminate. In such event, the PROVIDER Equipment shall be returned to PROVIDER in the same condition as when received, ordinary wear and tear excepted. If the foregoing conditions are met, PROVIDER will return to CUSTOMER his/her security deposit, if any, within a reasonable time thereafter. (iv) If the PROVIDER Equipment is damaged, destroyed, lost or stolen while in CUSTOMER'S possession, CUSTOMER shall be liable for the cost of repair or replacement of the PROVIDER Equipment. If the PROVIDER Equipment is not returned to PROVIDER upon termination of the Service, CUSTOMER will pay PROVIDER the replacement cost of the PROVIDER Equipment without any reduction for depreciation, wear and tear or the physical condition of such PROVIDER Equipment. PROVIDER may apply any security deposit to any such obligation of CUSTOMER, and collect any remaining balance from CUSTOMER. In the event any amount is deducted from the security deposit, the CUSTOMER must replace the amount so deducted.

G. Software. (i) PROVIDER grants to the CUSTOMER a limited, non-exclusive license to use the Software, in object code form only, solely for the purpose of connecting CUSTOMER'S single Computer to the Service. This license will permit such use by CUSTOMER and any person authorized by CUSTOMER to use the Account, under any password or screen name, provided that CUSTOMER shall be responsible for all use of the Account. This license will commence upon acceptance of CUSTOMER' S subscription for the Service and will terminate immediately upon termination of the Service to CUSTOMER for any reason. PROVIDER retains all rights and interests in and to the Software. (ii) CUSTOMER is permitted to archive the Software, provided that all such copies contain the same copyright notices and proprietary markings as the original Software. CUSTOMER will not engage in, and will not permit, any other copying, or any translation, reverse engineering or reverse compiling, disassembly or modificat ion of, or preparation of any derivative works based on the Software, all of which are prohibited. (iii) CUSTOMER will destroy all Software and any related written material together with any copies promptly upon termination of the Service to CUSTOMER for any reason.

4. ACCEPTABLE CUSTOMER USE.

CUSTOMER agrees at all times to adhere to the PROVIDER'S current Acceptable Use Policy. PROVIDER, in addition to all of its other available legal or equitable remedies, may immediately suspend or terminate the Service upon any violation of the Acceptable Use Policy.

5. BREACH OF AGREEMENT.

If CUSTOMER breaches this Agreement or fails to abide by PROVIDER'S rules, regulations or policies, PROVIDER, at its option, may discontinue the Premium Service and pursue all of its other legal and equitable remedies against CUSTOMER. Failure of PROVIDER to remove its Equipment shall not be deemed abandonment thereof. CUSTOMER shall pay reasonable collection and/or attorney's fees to PROVIDER in the event that PROVIDER shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement.

6. MONITORING AND ENFORCEMENT.

A. CUSTOMER agrees that PROVIDER shall have the right, but not the obligation, to monitor all content on the Service, including chat rooms, bulletin boards, e-mail and forums, in order to determine compliance with these Terms and any rules now or hereafter established by PROVIDER.

B. PROVIDER will have the right in its sole discretion to edit, refuse to post, request removal of, or remove any material submitted to or posted on the Service, including personal home pages. Without limiting the foregoing, or PROVIDER'S other rights under this Agreement, PROVIDER shall have the right to remove any material that PROVIDER, in its sole discretion, finds to be in violation of the provisions of these Terms, including any Acceptable Use Policy or other opera ting rules promulgated from time to time by PROVIDER, or otherwise to be objectionable.

C. CUSTOMER agrees that PROVIDER has the right to take any action PROVIDER deems appropriate to protect the Service, its facilities for provision of the Service, or the PROVIDER Equipment, including but not limited to restricting or prohibiting the posting of any material that interferes with PROVIDER ability to provide the Service. CUSTOMER acknowledges and agrees that PROVIDER shall have the right to monitor the "bandwidth" utilization (i.e. volume of data tr ansmitted) arising out of the Service provided hereunder at any time and on an on-going basis. In its sole discretion, PROVIDER may: (i) limit excessive use of bandwidth; (ii) suspend or terminate a CUSTOMER'S Account for excessive use of bandwidth; or (iii) require CUSTOMER to upgrade CUSTOMER'S service level and pay additional fees.

D. If PROVIDER determines that CUSTOMER has failed to comply with the Service's Acceptable Use Policy or limits on bandwidth utilization, PROVIDER may suspend CUSTOMER'S Account or home page or terminate CUSTOMER'S Account without prior notification. PROVIDER may also suspend or terminate CUSTOMER'S Account for using the Service to post content to the Internet that violates the Service's Acceptable Use Policy. If CUSTOMER'S Account is suspended, CUSTOMER will not be char ged for that period of time. If CUSTOMER'S Account is terminated, CUSTOMER will be refunded any pre-paid fees minus any amount due PROVIDER.

E. PROVIDER undertakes no obligation to review or determine the accuracy of any CUSTOMER postings.

7. USER NAME AND ADDRESS.

CUSTOMER represents that the username selected by the CUSTOMER, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and is not being selected for any unlawful purpose. Customer acknowledges and agrees that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose then PROVIDER may immediately suspend the use of such OPENBAND Internet e-mail addre ss, and CUSTOMER will indemnify and hold PROVIDER harmless for any claim or demand against PROVIDER that arises out of such selection. CUSTOMER acknowledges and agrees that PROVIDER shall not be liable to CUSTOMER in the event that PROVIDER is ordered or required, as a result of a court order or legal settlement, to desist from using or permitting the use of a particular domain name as part of a OPENBAND Internet e-mail address. If as a result of such action, CUSTOMER loses an e-mail address, the CUSTOMER' S sole remedy shall be the receipt of a replacement OPENBAND Internet e-mail address.

8. SERVICE AND REPAIRS

PROVIDER will repair damage to or, at PROVIDER option, replace PROVIDER Equipment, modify Software, and otherwise attempt to correct interruptions of Service, due to reasonable PROVIDER Equipment wear and tear or technical malfunction, at PROVIDER 's expense. Other repair or replacement will be at CUSTOMER'S expense.

9. SERVICE INTERRUPTIONS; FORCE MAJEURE

Except as provided below, in the event of complete failure of the Service due to technical malfunction for twenty-four (24) consecutive hours or more, CUSTOMER is entitled to a prorated credit upon request. To qualify for an adjustment, CUSTOMER must request a credit within thirty (30) days of the failure. PROVIDER, its parent, affiliates and subsidiaries shall have no liability for interruption of Service due to circumstances beyond its control, including without limitat ion, acts of God, natural disaster, regulation or governmental acts, fire, civil disturbance, strike or weather.

10. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.

CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. NEITHER PROVIDER, ITS PARENT, AFFILIATES, SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE MEMBERS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE. INDIVIDUAL CUSTOMERS MAY CONSIDER CERTAIN CONTENT OBJECTIONABLE AND CUSTOMERS MUST EXERCISE THEIR OWN DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE SERVICE. PROVIDER DOES NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE, THE PROVIDER EQUIPMENT AND THE SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRAN TIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.

THE SERVICE MAY CONTAIN LINKS TO THIRD PARTY WEB SITES. THESE LINKED SITES ARE NOT UNDER THE CONTROL OF PROVIDER. PROVIDER IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE, INCLUDING WITHOUT LIMITATION ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO A LINKED SITE. PROVIDER IS NOT RESPONSIBLE FOR WEB CASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE NOR IS PROVIDER RESPONSIBLE IF THE LINKED SITE IS NOT WORKING APPROPRIATELY. P ROVIDER PROVIDES THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY PROVIDER OF THE SITE OR ANY ASSOCIATION WITH ITS OPERATORS. YOU ARE RESPONSIBLE FOR VIEWING AND ABIDING BY THE PRIVACY STATEMENTS AND TERMS OF USE POSTED AT THE LINKED SITES.

PROVIDER, ITS PARENT, AFFILIATES AND SUBSIDIARIES DO NOT ENDORSE OR WARRANT, AND SHALL NOT BE RESPONSIBLE IN ANY REGARD FOR, ANY MERCHANDISE OR SERVICE ORDERED THROUGH THE SERVICE OR OTHER COMMERCIAL TRANSACTIONS. CUSTOMER SHALL BE RESPONSIBLE FOR ALL SUCH CHARGES AND SHALL INDEMNIFY PROVIDER, ITS PARENT, AFFILIATES AND SUBSIDIARIES FOR ALL LIABILITY IN CONNECTION THEREWITH.

NEITHER PROVIDER, ITS PARENT, AFFILIATES OR SUBSIDIARIES NOR ANY OF ITS SUPPLIERS SHALL HAVE ANY RESPONSIBILITY OR LIABILITY WITH REGARD TO THE OPERATION OR REPAIR OF CUSTOMER'S EQUIPMENT, COMPUTER, OR FOR ANY LOSS OF DATA BY CUSTOMER, HOWEVER CAUSED.

EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL PROVIDER, ITS PARENT, AFFILIATES, SUBSIDIARIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE (INCLUDING THE CONTENT INCLUDED THEREIN OR THE INFORMATION SERVICE ACCESSED THEREBY), THE PROVIDER EQUIPMENT OR THE SOFTWARE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE O F OR INABILITY TO USE THE SERVICE, ACTION TAKEN TO PROTECT THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY. THIS DISCLAIMER APPLIES TO ANY DAMAGES, INJURY OR LOSS CAUSED BY ANY FAILURE IN PERFORMANCE, ERROR, DEFECT, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY OTHER CLAIMS OR LOSSES ARISING THERE FROM OR OCCASIONED THEREBY.

CUSTOMER ACKNOWLEDGES THAT MATERIAL POSTED OR TRANSMITTED THROUGH THE SERVICE MAY BE COPIED, REPUBLISHED OR DISTRIBUTED BY THIRD PARTIES, AND WILL HOLD PROVIDER, ITS PARENT, AFFILIATES AND SUBSIDIARIES HARMLESS FOR ANY HARM RESULTING FROM SUCH ACTIONS.

CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION 9 SHALL APPLY TO ALL CONTENT OR INFORMATION SERVICE INCLUDED IN, OR ACCESSIBLE THROUGH, THE SERVICE, AND ARE FOR THE BENEFIT OF PROVIDER, ITS PARENT, AFFILIATES, SUBSIDIARIES, AND THEIR RESPECTIVE MEMBERS, EMPLOYEES AND AGENTS.

11. INDEMNIFICATION.

CUSTOMER agrees to defend, idemnify and hold harmless PROVIDER, its parent, affiliates and subsidiaries and their respective members, officers, directors, employees and agents, from and against any and all claims and expenses, including reasonable attorney's fees, arising out of or related in any way to the use of the service by CUSTOMER or otherwise arising out of the use of CUSTOMER'S account or equipment.

12. ENTIRE AGREEMENT.

These Terms and any rules specified by PROVIDER for the Service established by PROVIDER now or hereafter constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter; provided that any other subscription or customer agreement or terms and conditions relating to CUSTOMER'S cable television or telephone service with PROVIDER shall remain in full force and effect.

13. TERMS AND REVISIONS.

These Terms will remain in effect until canceled by either party or superseded by revised Conditions of Subscription. Customer acknowledges that Provider may from time to time revise these terms. Any revision shall be effective immediately upon posting online. Customer's continued access to or use of the service shall be deemed conclusive acceptance of the revised agreement and its terms and conditions.

14. SEVERABILITY

In the event that any portion of these Terms is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions as set forth herein, and the remainder of these Terms shall remain in full force and effect.

15. WAIVER.

No waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.

16. CONFLICTS.

These Terms and Conditions shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia with out regard to conflict of the provisions thereof. If any portions of these Terms and Conditions is declared unenforceable by a court or government authority of competent jurisdiction, this shall not effect the validity or enforceability of any remaining portion(s), which such portion(s)In the event that any portion of these Terms is held to be inval id or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties as set forth herein, and the remainder of these Terms shall remain in full force and effect as if it had been executed with the invalid or unenforceable portion(s) eliminated.

BASIC ANALOG VIDEO

OpenBand Basic Analog Video offers close to 70 channels of great programming, including your local channels, broadcast networks, and a wide range of quality programming, from the most popular video networks. Customers do not need a set top converter to view Basic Analog Video channels. Channels 0 to 99 can be viewed at additional television outlets at no additional monthly charge.

All Basic Video channels can be viewed on any cable ready television or tuned through a VCR. Our video system utilizes the VHF band of channel frequencies from channel 2 through 99. Your television or VCR owner's manual will state the VHF channel capability. If your television set or VCR will not tune VHF channels up to and including channel 99, you may need to rent a digital converter from OpenBand.

BASIC DIGITAL VIDEO

OpenBand Basic Digital Video offers a variety of digital programming and commercial-free digital music channels. Basic Digital Video also gives you access to pay-per-view programming and the Interactive Program Guide. One basic digital set top converter and remote control are included with Basic Digital Video service.

Digital video services require the use of a digital converter box. Digital video provides enhanced services that include premium programming, pay-per-view, digital music and the Interactive Program Guide. You must subscribe to Basic Video and have an OpenBand converter in order to receive digital video services.

HIGH DEFINITION TELEVISION (HDTV)

OpenBand offers High Definition Television (HDTV) products in some service areas. A variety of HDTV equipment and programming options provide customers with unsurpassed video quality from local networks and other popular programming options. Some HDTV programming is included at no additional charge with Basic Digital Video service. Some HDTV programming is subject to a separate monthly charge. To view any HDTV programming, a customer must lease an HDTV set top converter fro m OpenBand and have an HDTV-ready television.

PREMIUM DIGITAL PROGRAMMING

Premium Services include multiple screens from: HBO, Cinemax, Showtime, The Movie Channel, Encore & STARZ! as well as a variety of Premium International Programming options. There is a separate monthly charge for premium channels. A set top converter is required for viewing all premium movie channels.

PAY-PER-VIEW

OpenBand pay-per-view channels offer a variety of movies, sports, concerts and special events. Movies and events are priced individually. A set top converter is required for viewing all pay-per-view channels.

DIGITAL VIDEO RECORDING (DVR)

OpenBand offers Digital Video Recording (DVR) equipment and service in some service areas. DVR equipment and service allow customers to record television programming to memory within the DVR set top converter. Customers are able to pause and rewind current television programming broadcasts, record one or every showing of their favorite programs and record one channel while watching another. To use OpenBand's DVR service, customers must lease a DVR set top converter and subsc ribe to DVR service.

INTERACTIVE PROGRAM GUIDE

The Interactive Program Guide is available to customers using any OpenBand digital converter box. This on-screen guide lists programs for services offered on our system. Listings can be sorted by time, program category or channel. Additional features include a parental control option that provides the ability to restrict viewing by rating or channel.

VCR's

Various options exist to connect your VCR with our video service. Your VCR can be installed in such a manner that will allow viewing and recording the same channel or for viewing one channel while recording another. Additional installation and equipment charges may apply. Your VCR manual has detailed instructions concerning how to connect your VCR to our video system.

CONVERTER BOXES

Analog video channels may be viewed on any cable-ready television or VCR that can tune up to channel 99. If you do not currently possess "cable ready" equipment, you may rent a digital converter from OpenBand.

According to government rules, after October 31, 1994, TV's and VCR's sold in the U.S. cannot be called "video ready" unless they comply with requirements, including the ability to properly tune channels. In addition, some TVs and VCR's cannot tune all channels without some interference. If this is the case with your equipment, you may need to rent a digital converter from OpenBand. If you use a converter, you can only tune to one channel at a time. Certain features on your TV and VCR that depend on channel tuning of these devices may not be available with this configuration. For instance, taping one program while watching another, recording two or more consecutive programs that appear on different channels, and the use of advanced picture generation and display features such as picture in picture, channel review and other functions that necessitate channel selection by the consumer device may not be possible without additional equipment.

OpenBand uses state-of-the-art descrambling methods to ensure the security of our system. Converters with descrambling capability for video service can only be obtained directly from OpenBand. Certain video converters that have descramblers (so called "pirate boxes" or "black boxes") are illegal to sell, purchase or use on the video system.

REMOTE CONTROLS

The digital converter offered by OpenBand is operated with a remote control device. This remote performs some universal functions for many of the most popular TV's and VCR's. Consult the remote control manual for more information. The remote control that came with your TV or VCR may be capable of controlling some features of our converter box. You may also buy a "universal" remote control device from a third party. Most "universal" remotes are capable of operating many features of the digital converter.

BLOCKING OF A SPECIFIC VIDEO SERVICE

Upon request, the company can entirely block the reception of both the audio and video on a specific channel on which programming is provided.

PARENTAL CONTROL FEATURE

The digital converter provides a parental control feature that allows customers to restrict viewing of specific channels, programs and pay-per-view. The parental control feature is available through the Interactive Program Guide and its use is subject to rating and other information being provided by individual program suppliers. OpenBand is not responsible for inaccurate of incomplete rating and other information provided by program suppliers or the Interactive Guide vendor.

Audits and Theft of Service

OpenBand has sophisticated monitoring equipment that allows detection of illegal reception of video TV signals, Internet connections and telephone services. We regularly audit our system to detect such reception.

Federal law makes unauthorized reception of video service a federal crime. Any person who willfully intercepts or receives or assists in intercepting or receiving any communications service offered over a video system is subject to significant fines and/or imprisonment. We share the federal government's serious view of video theft. If you know or suspect someone is violating this law, please contact us at (866) OPENBAND.

Programming Blackouts

Occasionally, we are required by federal law to block the video casting of certain scheduled programs. These "blackouts" usually affect sporting events. Sports blackouts are usually imposed to protect: (i) the local sports team's ability to attract a live audience; and (ii) the television rights revenue by preventing duplication of any event by multiple carriers. In each case, one network is designated as the exclusive carrier of an event of a specific sports team. T he exclusive network has arranged for this privilege at its own expense. FCC regulations require us to black out all other carriers of these events.

Video Privacy Act, Customer Privacy Rights Notice

The Federal Video Communications Policy Act of 1984 contains certain provisions regarding the collection and maintenance of personally identifiable information by video television operators. In accordance with those provisions, OpenBand collects and maintains personally identifiable information concerning customers. That information includes billing records, service maintenance and repair records, Premium service subscription information, marketing information and customer complaints. If you are an OpenBand Internet customer, we may also collect and maintain information about you that enables us to provide a more personalized online experience, such as your locale and preferences you indicate with respect to service options. By using the OpenBand Internet service, you consent to our collection of this information.

Unless otherwise noted, all personally identifiable information is used solely for the normal business purpose of offering and rendering video television service to you. Some persons have access to such information when necessary in connection with our business. Access is as often as necessary and may be on a day to day basis. Those people include OpenBand employees, OpenBand sales agents, businesses that provide services to OpenBand, such as our accountants, billing and col lection services, program and program guide providers where applicable program services that will periodically audit subscription information and representatives of the franchising authority. OpenBand will not maintain such information after it is no longer necessary for carrying on our business.

As a customer, you may review any personal information held by us, which pertains to you if you give us a reasonable period of time to locate and, if necessary, prepare the information for review. (Preparation is sometimes necessary to avoid disclosure of information relating to other customers.) If you wish to review your personal information, please contact us by letter or telephone to arrange for a review. The review will be at our local system business office. You may reque st correction of any error in personal information that we collect or maintain pertaining to you.

Federal law prohibits OpenBand from collecting any personally identifiable information other than information necessary to carry on our business or to detect theft of service unless you consent. To the extent that we are permitted to collect personally identifiable information, we are permitted to disclose such information only to the extent necessary to conduct our business. In addition, the law allows us to disclose your name and address for non video service related mailing lists or other purposes unless you tell us you do not wish to disclose it. However, such disclosure of names and addresses may not be in a form that discloses the extent or type of any use you make of services we provide, nor may it disclose the nature of any transaction you make over the video system. If you do not wish to have your name and address disclosed even in this limited manner, or if you wish to limit the circumstances in which we will disclose it, please obtain, fill out, and return a "Non disclosure of Name and Address Form" from our local business office. Except as indicated in this Notice, we may not disclose personally identifiable information without your consent, unless we are required to do so by court order. If we are served with a court order requiring disclosure of personally identifiable information concerning a customer, we will inform the customer before any information is released. Under some circumstances, a governmental entity may seek a court order to obtain personally identifiable information from OpenBand concerning a video customer. The customer must be given an opportunity to contest issuance of such an order.

Any person aggrieved by any act of a video operator in violation of these federal limitations on the collection and disclosure of personally identifiable information, may bring civil action in a United States District Court to enforce the limitations.

Conditions of Subscription to Video Service

Please carefully read the following statement of Terms and Conditions (The "Terms"). The Terms identify the rights and obligations of the Parties with regard to the video service delivered by OpenBand to its customers. In the agreement below, we refer to OpenBand as the PROVIDER and you as the CUSTOMER. By signing the installation or work order, CUSTOMER subscribes to PROVIDER'S services (The "Service") commencing upon the installation of Service and agrees to be bound by the following Te rms a those Terms and any rules and regulations provided to you.

1. SUBSCRIPTION TO SERVICE

PROVIDER offers various video television services at rates and fees more particularly described in a separate Price List, which has been provided to CUSTOMER. By signing the installation or work order, CUSTOMER subscribes to PROVIDER'S services (The "Service") commencing upon the installation of Service and agrees to be bound by this agreement and to use the Service in compliance with this agreement, Billing Procedures and any other rules and regulations provided to you.

2. PAYMENT OF CHARGES

CUSTOMER will be billed monthly in advance, and pay for Service, in accordance with PROVIDER'S Billing Procedures.

3. PROVIDER PROPERTY

All equipment, including but not limited to videos, wires, amplifiers, video boxes and remotes delivered to and/or installed in the CUSTOMER'S home by PROVIDER ("Equipment") remains the property of PROVIDER. CUSTOMER must return all equipment upon termination of Service. CUSTOMER will not open, alter, misuse, tamper with or remove the equipment as and where installed by PROVIDER, and will not remove any markings or labels from the PROVIDER equipment indicating PROVIDE R ownership. CUSTOMER will safeguard the PROVIDER Equipment from loss or damage of any kind, and will not permit anyone other than an authorized representative of PROVIDER to perform any work on the PROVIDER equipment. Upon termination of the Service, for whatever reason, CUSTOMER acknowledges that his/her right to possess and use the equipment shall likewise terminate. In such event, the equipment shall be returned to PROVIDER in the same condition as when received, ordinary wear and tear accepted. Failur e to do so will result in a charge to be determined with reference to PROVIDER'S then current replacement cost and penalty schedule, which amount shall be due immediately. CUSTOMER agrees to pay such charges whether the equipment is damaged, lost (through theft or otherwise) or destroyed.

4. DISRUPTION OF SERVICE

In no event shall PROVIDER be liable for any failure or interruption of program transmissions or Service resulting in part or entirely from circumstances beyond PROVIDER'S reasonable control. Subject to applicable law, credit will be given for qualifying outages. Please refer to OpenBand's Billing and Complaint Procedures for details. PROVIDER shall not be liable for any incidental or consequential damages.

5. REPAIR OF PROVIDER EQUIPMENT

PROVIDER will respond to all requests for video television system repair. PROVIDER will repair and/or replace defective equipment in CUSTOMER'S home. PROVIDER is not responsible for the maintenance or repair of CUSTOMER provided television sets, VCR's, or other video equipment, stereos or other audio equipment, telephones or A/B switches. A Service charge may be imposed if damage to PROVIDER equipment is due to negligent use of abuse or if no fault is discovered in PROVIDER'S s ystem or equipment. PROVIDER makes no warranties with respect to equipment or Service provided by PROVIDER.

6. CUSTOMER PROPERTY

PROVIDER assumes no responsibility for the condition or repair of any CUSTOMER-provided equipment. PROVIDER is not responsible or liable for any loss or impairment of reception of PROVIDER'S Service due, in whole, or in part, to a malfunction or defect in CUSTOMER-provided equipment.

7. TAXES AND FEES

CUSTOMER agrees to pay any local, state or federal taxes and fees imposed or levied on or with respect to the video Service, the equipment or Installation or placement charges incurred with respect to the same.

8. USE AND REPRODUCTION OF PROGRAMS

CUSTOMER agrees that the Service provided by PROVIDER: (i) will be utilized solely for CUSTOMER'S personal, non-commercial use; (ii) will not be duplicated except in compliance with applicable law; and that (iii) CUSTOMER will adhere to any PROVIDER Billing Procedures, rules and regulations provided to CUSTOMER. CUSTOMER acknowledges that PROVIDER may change such procedures, rules and regulations, in accordance with applicable law.

9. CARE OF PROVIDER PROPERTY

CUSTOMER agrees that neither CUSTOMER nor any other person (except PROVIDER'S authorized personnel) will open, tamper with, service, make any alterations to, or remove any equipment from its point of initial installation. Any alteration, tampering, removal, etc., or the use of equipment which permits the receipt of Service without authorization or the receipt of Service to an unauthorized number of outlets, or to unauthorized location constitutes theft of Service and is prohibi ted.

10. AUTHORITY AND ACCESS TO CUSTOMER PREMISES

CUSTOMER acknowledges that he or she owns the premises on which PROVIDER equipment is installed or has obtained permission for such installation from the owner of the premises in which CUSTOMER resides. CUSTOMER agrees to provide PROVIDER'S representative with access at reasonable times to CUSTOMER'S premises to inspect and maintain the equipment supplied by PROVIDER and, upon the termination of Service, to remove the same from the premises. PROVIDER'S failure to remove its pr operty shall not be deemed abandonment thereof. CUSTOMER agrees not to remove the equipment from the premises except to return it to PROVIDER. CUSTOMER grants PROVIDER the right of way by the shortest practical route over CUSTOMER'S premises to provide Service.

11. ASSIGNMENT OR TRANSFER

This Agreement and the equipment supplied by PROVIDER are not assignable or otherwise transferable by CUSTOMER.

12. TERMINATION OF ELECTIVE SERVICES BY CUSTOMER

CUSTOMER shall have the right at any time to terminate the elective services by giving notice to PROVIDER. In the event CUSTOMER elects to terminate, CUSTOMER will pay for such elective service until the date of disconnection.

13. BREACH OF AGREEMENT

If CUSTOMER breaches this Agreement or fails to abide by PROVIDER'S rates, rules and regulations, PROVIDER, at its option, may discontinue the Service and remove the equipment. Failure of PROVIDER to remove such equipment shall not be deemed abandonment thereof. CUSTOMER shall pay reasonable collection and/or attorney's fees to PROVIDER in the event that PROVIDER shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement. PROVIDER m ay terminate its Service immediately in the event that CUSTOMER makes an assignment for the benefit of creditors or a voluntary petition is filed by or against CUSTOMER under any law having for its purpose the adjudication of CUSTOMER as a bankrupt or the reorganization of CUSTOMER.

14. SECURITY DEPOSITS

Any security deposit given by CUSTOMER for the equipment or PROVIDER'S Service will be due and payable upon the first monthly billing. Such security deposits will be returned to CUSTOMER within sixty (60) days of termination of PROVIDER'S Service so long as payment has been made for all amounts due on CUSTOMER'S account and CUSTOMER has returned the PROVIDER equipment undamaged.

15. PROGRAMMING

All programming, program Service, program packages, number of channels, channel allocations and broadcast channels are subject to change.

16. RATES

Rates for installation of Service, equipment and programming or other Service are subject to change.

17. LATE FEE

If your account is 20 days past due, you will see a reminder message on your statement. If your past due balance is not paid, PROVIDER has the right to charge a 1.5% late charge on top of your past due balance. If your account remains unpaid, your Service may be disconnected.

18. DISCLAIMER REGARDING PROGRAMMING:

PROVIDER assumes no liability for any program or information distributed over the video system unless locally produced by PROVIDER. PROVIDER shall not be responsible for any products, merchandise or prizes promoted on or purchase through the use of the video system, unless such products, merchandise or prizes are provided directly by PROVIDER.

19. LIMITATION OF LIABILITY

EXCEPT TO THE EXTENT PROVIDED SECTION 4 OF THIS AGREEMENT, PROVIDER, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, AND PROVIDER'S MEMBERS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, SHALL NOT BE LIABLE TO CUSTOMER OR ANY OTHER THIRD PARTY FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS OR LOS S OF PROFIT, ARISING IN ANY MANNER FROM OR RELATING IN ANY WAY TO THIS AGREEMENT AND/OR THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS UNDER THIS AGREEMENT.

20. NO WARRANTIES

Except to the extent required by applicable law, PROVIDER makes no warranty that (i) the service will be uninterrupted, timely, secure or error-free, or (ii) the quality of the service obtained by CUSTOMER will meet CUSTOMER'S expectations. All service and equipment provided by PROVIDER are provided on an "as is"basis. PROVIDER makes no warranties of any kind, express or implied, and specifically disclaims, without limitation, any warranties of merchantability, fitness for a pa rticular purpose, title or noninfringement.

21. ENTIRE AGREEMENT

This Agreement, together with any rules, regulations, procedures and Price Lists as may be adopted and amended from time to time by PROVIDER, constitute the entire agreement between the CUSTOMER and PROVIDER; provided that any other subscription or customer agreement or terms and conditions relating to CUSTOMER'S Broadband telephone or Internet service with provider shall remain in full force and effect. No undertaking, representation or warranty made by any agent or representa tive of PROVIDER in connection with the sale, installation, maintenance or removal of PROVIDER'S Service shall be binding on PROVIDER except as expressly included herein.

22. SEVERABILITY

In the event that any portion of these Terms is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties as set forth herein, and the remainder of these Terms shall remain in full force and effect.

23. WAIVER:

No waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.

24. CONFLICTS:

These Term and Conditions shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia without regard to conflict of the provisions thereof. If any portion of these Terms and Conditions be declared invalid or unenforceable by a court or governmental authority of competent jurisdiction, this shall not affect the validity or enforceability of any remaining portions, which such remaining portion(s) shall remain in full force and effect as if it had b een executed with the invalid or unenforceable portion(s) eliminated.

1. PAYMENTS; TERM; CONSUMER REPORT. All charges are payable in advance. The initial term of this Contract is for one (1) year and is a requirement of any OpenBand security system purchase whether purchased through OpenBand directly or through a builder. Our alarm monitoring and notification services will begin when the equipment is installed and is operational, and when the necessary communications connection is completed. This Contract will automatically renew for successive one (1) year terms unless terminated by either party's written notice at least 30 days before the end of the then-current term. If terminated, this Contact ends on the last day of the then-current term.

2. EARLY TERMINATION OF THIS CONTRACT. YOU AGREE THAT THE CHARGES DUE UNDER THIS CONTRACT ARE BASED ON YOUR AGREEMENT TO RECEIVE AND TO PAY FOR THE SERVICE FOR ONE FULL YEAR. ACCORDINGLY, YOU AGREE THAT, IF YOU TERMINATE THIS CONTRACT DURING THE FIRST YEAR OR DURING ANY SUBSEQUENT RENEWAL YEAR, YOU WILL PAY THE REMAINING BALANCE DUE FOR THE FULL YEAR FROM DATE OF INSTALLATION OR RENEWAL. THESE AMOUNTS ARE AGREED UPON DAMAGES AND ARE NOT A PENALTY.

3. INCREASES IN CHARGES. OpenBand reserves the right to increase the annual service charge at any time upon completion of the first year of service. Upon notice of an increase, you may terminate this contract by providing us written notice with in thirty (30) days of notice of a rate increase. Upon receipt of said written notice to terminate you will not be required to pay the early termination charges described in Paragraph 2 above.

4. ADDITIONAL CHARGES. You agree to pay all false alarm assessments, taxes, fees or other charges of any police or fire department, or any other governmental body. You agree to pay all telephone or signal transmission company charges for area code, telephone numbering or other changes. You agree to pay us to reprogram the system if necessary to comply with any area code, telephone numbering or other changes. You agree to pay to us any increases in our cost f or facilities used for transmitting alarm signals under this Con