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INTERNET OPERATING AGREEMENT

Bertram Communications LLC

1. INTRODUCTION.

This Agreement is between Bertram Communications, located at 300 Industrial Drive, Random Lake, WI 53075, (hereinafter called “Bertram”) and “Customer” as noted at the bottom of Agreement. Customer agrees to all terms and conditions outlined below.

2. DEFINITIONS.

The terms below will be used throughout Agreement and will be interpreted as follows:

WIRELESS: This will refer to both Residential and Business Wireless Customers.

RESIDENTIAL: This refers to a Customer that will use wireless equipment to access the Internet and the Bertram network. Connections under this category will be subject to specific limitations and pricing as outlined below.

SMALL BUSINESS: This refers to a Customer that will use wireless equipment to access the Internet and the Bertram network. Connections under this category will be subject to specific limitations and pricing as outlined below.

BUSINESS: This refers to a Customer that will use wireless equipment to access the Internet and the Bertram network. Connections under this category will be subject to specific limitations and pricing as outlined below.

3. TERM.

The initial term for Agreement will commence on the date of signup for the installation date of the wireless access equipment for Wireless Customers. The initial terms for Wireless Customers is twelve (12) months. Upon completion of the initial term, the contract may be renewed yearly. Bertram reserves the right to terminate the services of the Customer for any violation of the Terms of the Agreement. If the Customer elects to terminate the Agreement, notice must be given in writing. The basic service fee will not be prorated for the month of termination. The Customer’s account will remain active until the end of the current billing period. Wireless accounts terminated prior to expiration of the initial term will be subject to a $200.00 disconnection fee in addition to any other charges that have been incurred. Customer is required to pay all amounts in full to Bertram within thirty (30) days of termination. Accounts not paid within thirty (30) days will be deemed delinquent and subject to service shut off. This will be considered a disconnection and will result in a $200.00 penalty. Bertram shall not be held liable for any incidental or consequential damages that result from the termination of the Agreement.

4. DISCLAIMER.

Customer agrees use of the Internet is at Customer’s sole risk. Bertram does not warrant the service will be error-free or uninterruptible and will not be responsible for any damages Customer may incur as a result. The service is distributed on an “as is” and “as available” basis without warranties of any kind. Bertram does not warrant that the services will be free from viruses or other harmful components. Bertram is not responsible for any of the actions that Customer performs while using the service. Customer agrees to hold Bertram harmless from all claims resulting from Customer’s violation of state and federal laws including, but not limited to, copyrighted material. Bertram is not responsible for the truthfulness or reliability of nature of content available on the Internet. If network is down, Bertram will not be held responsible for any lost time, data, etc., and will get the network running as soon as possible. This service is not to be used for last mile or 911 emergency calls at any time. Violations are the responsibility of the customer.

5. PAYMENT.

It will be the sole responsibility of the customer to pay monthly Internet bills. Bills will not be sent to the customer’s home. Customers will need to pay their monthly Internet bill by credit card or debit only. If a check is used it should be for payment of 6 months or one year at a time. Check paying will will have a $2.00 fee for each time a check is used. A penalty of $35.00 will be assessed on returned checks. Payment must be received by the 1st day of every month. If payment is not received by the 1^st of every month, the account will be deemed delinquent and service will be suspended. If Customer is delinquent on payment and service is shut off, a reconnection fee of $25.00 will be applied. Failure to remit payment may result in suspension of service or may be reason for termination of Agreement without notice to Customer and at the sole discretion of Bertram.

6. WIRELESS EQUIPMENT.

Wireless Customers will be charged a non-refundable one time usage fee upon signing the internet agreement. Equipment installed for wireless service will at all times remain the property of Bertram. Customer shall pay the full retail cost of the repair/replacement cost of any lost, stolen, unreturned, damaged, sold, acts of god incidences, or transferred equipment ($450.00). In addition, Customer will be liable for any costs incurred by Bertram in obtaining or attempting to obtain any such equipment.

7. WIRELESS INSTALLATION.

Installation of wireless equipment will be installed by Certified Insured installers only. Bertram Wireless has a listing of independent installers that fit this criteria. These installers are not Bertram Wireless employees and will be working for you, but are expected to install equipment to Bertram Wireless' specifications. Installers will be paid on the day of the install. No Self installs.

8. CONTRACTS WITH MINORS.

Customers must be at least eighteen (18) years of age to subscribe to our services. An adult who will be legally responsible for the contract must sign contracts for minors.

9. INDEMNIFICATION/RELEASE.

Customer, its agent, and/or successor agrees to indemnify and release Bertram, its affiliates, employees, agents, or subcontractors from any liability for any claims, losses, actions, damages, or suits arising from the installation, use, or termination of Bertram services.

10. GOVERNING LAW AND VENUE.

The laws of the State of Wisconsin shall govern the terms of the Agreement. The parties hereto stipulate and agree that the exclusive venue for the resolution of all disputes concerning this Agreement shall be Sheboygan County, Wisconsin.

11. MODIFICATIONS.

Bertram reserves the right to modify this agreement at its sole discretion and with ten (10) days prior notice to Customer. Notice of changes does not need to be in writing but may be handled through website, e-mail, or other manner.

12. NO WARRANTY.

Bertram makes no warranty whatsoever, express or implied, in connection with the provision of the service and, specifically, without limited makes NO WARRANTY OF MERCHANTABILITY and NO WARRANTY OF FITNESS OR SUITABILITY FOR PURPOSE.

13. LIMITATION OF LIABILITY.

Bertram is not liable to the Customer for ordinary negligence and the Customer releases any claim against Bertram which the Customer might otherwise have based on ordinary negligence in connection with the provision of the service.

In any event, Bertram shall not be liable for indirect, incidental, special, punitive or consequential damages arising from or related to the Service, regardless of the legal theory under which such liability is asserted and regardless of whether Bertram has been advised of the possibility of such liability, loss, or damage. Further, in any event, if there should be liability for any reason whatsoever, the Customer’s right to damages hereunder shall be limited to any amount not exceeding one month’s payment for the service.

Customer agrees to indemnify Bertram and hold harmless against any third party claims, demands, suits, or actions, relating to or based upon the Service provided (or defectively or not at all provided) to the Customer.

The person accepting this agreement for the Customer is fully authorized to do so, and the acceptance by such person is binding upon and enforceable against the Customer.

ACCEPTABLE USE POLICY

It is REQUIRED that all Bertram Wireless customers read this policy. Disobedience of the rules outlined here can result in termination of the Internet Access from Bertram Wireless. Even if you have not read the policy, all rules must be followed, so please take the time to read it.

Bertram Wireless sets forth an Acceptable Use Policy with the intent of protecting service, our customer and other users of the Internet from potentially abusive actions taken by Bertram Wireless customers. The following policy in non-exclusive; any action about which there is doubt should be referred to Bertram Wireless for evaluation. Bertram wireless reserves the right to edit this policy at any timed deemed necessary.

There are no refunds given for annual service plans, these plans are based on discounted monthly rates with the understanding that they will be maintained for the full year. Monthly service plans can be cancelled as of the end of the current billing cycle.

Dial up connections to Bertram Wireless that are idle for 30 minutes or longer or connected for more than 5 hours continuously, will be disconnected. Idle time is defined as a period during which no input or out-put is sent or received across the modem connection.

Multiple simultaneous logins to a single Bertram Wireless dial-up account are prohibited.

This is not a dedicated modem connection. Use of Bertram Wireless dial up service as a dedicated modem connection through use of re-dialers and idle-time traffic generators is prohibited. There is a 360 hour monthly cap on unlimited dial up connections.

Dial up accounts are considered abandoned if not accessed for three consecutive months. Bertram Wireless will remove abandoned accounts on the first of the month without notice unless you make special arrangements.

Bertram Wireless enforces these policies with respect to Bertram Wireless customers only. We are not responsible for abusive actions which originate from other sites or networks on the internet.

Bertram Wireless reserves the right to revoke or discontinue service at any time with or without reason. If a user is found to have violated any portion of the AUP, said user is subject to a penalty fee billed by Bertram Wireless of $250 or a rate or $125/hour for the time it takes to research the incident in question. Said account will not be reactivated until penalty fees and existing invoice amounts have been paid in full. If the Customer elects to terminate service, notice must be given in writing.

Sending unsolicited mass mailings of any nature, including those with a “negative option” for continuation. The negative option is inviting those who do not wish to receive more email to reply to you.

Sending large number of email messages, or singularly large email messages to a single address in order to floods someone’s mailbox.

Sending harassing email, either by language, size or frequency. This includes sending email (or real time) messages to a person who has asked explicitly that you do not.

Bertram Wireless is not responsible for damage to your receiver or computer due to lightening damage, power surges or other acts of god.

Insurance is offered from Bertram Wireless for an additional $5 per month with a $30 deductible. Insurance plan covers one radio failure per year only. If you decline Bertram Wireless insurance, you are responsible for the equipment or the coverage under your homeowners policy.

After the receiver leaves our Corporate office, it is the customer’s sole responsibility to maintain equipment and return to Corporate at the end of the service agreement.

In the event of connectivity problems, Bertram Wireless will help address any issue from the antenna to the end of the Motorola power pigtail via phone service. We will not support router or computer issues over the phone. If a service call is needed to solve these problems, arrangements can me made for a fee to be determined by Bertram Wireless.

Internet signal theft is the illegal interception of Internet services without the authorization of or payment to Bertram Wireless. While laws vary from state to state, according to the Federal Telecom Act of 1996 (47 USC 553 and 605), Internet Signal theft is a crime that is punishable by a financial penalty of $250,000 and or 10 years jail time.

This pertains to anyone that may steal, resell the signal and anyone helping this person, without express permission of Bertram Wireless.

Wireless networking is a great system, but when using a wireless network subscribers should always secure their home networks from unauthorized users. Unsecured wireless networks allow others to access a subscriber's network and potentially see all of the subscriber's personal files, allow potential criminals and terrorists to send untraceable communications or allow an individual to download illegal materials, such as copyrighted or obscene material that would lead back to the subscribers modem /router/switch.

Distribution of restricted software materials in violation of copyrighters or distribution licenses. (mp3s/Warez/etc.)

Bertram wireless reserves the right to restrict or terminate service without refund in the event of an AUP violation. Bertram Wireless also reserves the right to take action on abuse which is not specifically named in this AUP at the sole discretion of Bertram Wireless. Use of the Bertram Wireless systems or network constitutes understanding and agreement of this policy. Any and all legal expenses incurred by Bertram Wireless resulting from failure to follow AUP guidelines will be borne by the account holder responsible for the infraction.

If you purchased or rented your receiver from another service provider and your receiver fails, you will have to pay a $200 one time rental for your receiver. At that time you have the option to place our insurance policy on your receiver for an additional $5 per month and the receiver is owned by Bertram Wireless .

If you do not put an insurance plan on your new receiver and your receiver fails you will have to pay $450 per our contract, this does not include the reinstall. Our Insurance is for new radios only unless it is checked by our staff or one of our installers. If a customer would like to add our insurance to an existing receiver, a $35 charge for the testing will be charged. If the receiver tests out without errors, then insurance can be placed on the receiver. No claims within 30 days of taking out policy.