THIS DOCUMENT IS A LEGALLY BINDING AGREEMENT AND DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH ONTARIONET WILL PROVIDE YOU WITH SERVICES AND EQUIPMENT. BY USING OR PAYING FOR ONTARIONET SERVICES, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS, AND THE ONTARIONET SERVICE SCHEDULES, POLICIES, AND TERMS THAT ALSO APPLY TO YOUR USE OF CERTAIN SERVICES.

THIS AGREEMENT REQUIRES THAT ANY DISPUTE BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN LAWSUITS, JURY TRIALS OR CLASS ACTIONS, AS EXPLAINED MORE FULLY BELOW.

Customer agrees to be bound by these Residential Services General Terms and Conditions (the “Agreement”) and the applicable Services Schedules, policies and terms with respect to Customer’s use of “Services” (as defined below) provided to you by the City of Ontario, d/b/a OntarioNet (“OntarioNet”). Customer may be referred to as “you” or “your”, and OntarioNet may be referred to as “we”, “us”, or “our.”

1. DESCRIPTION AND SCOPE OF SERVICES

“Service” or “Services” means any or all of the residential services provided to you by OntarioNet under the terms of this Agreement and the applicable Services Schedules, policies and terms. Services may include fiber-based Internet services, fixed wireless broadband services, and other services, and may be provided individually or as Bundled Services (defined below). Services may be provided directly by OntarioNet or through resale, agent, or other arrangements OntarioNet has made with third parties and where provided by third parties are subject to your acceptance of third party terms and conditions, including third party policies related to the use of your information.

2. RESIDENTIAL USE OF SERVICE

OntarioNet's Services are intended for personal use and for small business use which includes working from home or the operation of a small business with fifteen employees or less. Any other use is considered a non-residential use. If you use the Services for any non-residential use, you may be subject to OntarioNet's higher rates for commercial service for all applicable periods, including both current and past usage periods. We reserve the right to promptly terminate or modify your Services if, at our sole discretion, we determine you are using the Services for non-residential uses. You are also prohibited from reselling, transferring, or sharing the Services with any person who is not a member of your household or small business, including sharing your username and password, for any purpose.

3. ORDERING SERVICES; CUSTOMER ACCOUNTS

A. To request Service, you must submit a Service Order online by visiting https://www.ontarionet.com. At a minimum, each Service Order will state the Customer name and contact email address, the Service(s) requested, the starting price for the Service(s) and your location where Service(s) are to be delivered (“Service Location”). The “Service Term” for the Services is month-to-month at OntarioNet’s then-current monthly pricing, unless a longer minimum time commitment for the Services and a pricing commitment is listed in the Service Order. A Service Order is not binding upon OntarioNet unless and until the Customer is sent an email to the Customer-provided email address from an authorized OntarioNet representative accepting the Service Order.

B. Bundled Services: OntarioNet may provide discounted arrangements, including gifts or promotions, to customers who purchase multiple eligible services at the same time (“Bundled Services”). If Customer subscribes to a Bundled Services plan with a term commitment, Customer agrees to maintain such Bundled Services for the minimum Service Term (as defined above) of that plan. Customer understands and agrees that Customer must continue to purchase all Bundled Services, without change, for the minimum Service Term agreed upon to receive any promotional offer, discounted rates, gifts or other incentives. Customer agrees that if Customer changes or discontinues any part of a Bundled Services plan, Customer may lose all promotional pricing, discounted rates, gifts or other incentives associated with the Bundled Services plan, that the price for each individual Bundled Service may increase, and that any changes will constitute a failure to fulfill the minimum Service Term agreed upon to receive the promotional rate, discount, gift or other incentive.

C. You may need to set up one or more OntarioNet customer accounts (“Account”) in order to manage your Services. You are responsible for ensuring that any information you provide us in connection with your OntarioNet Services, including contact information and billing information, is accurate and remains current. You are responsible for any activity that occurs on or through your Accounts. We do not guarantee the security of your Accounts, and you are responsible to ensure that your credentials for accessing or using your Accounts, such as your passwords, personal identification numbers, or other personal information are secure. If you learn of any unauthorized use of any Account for any OntarioNet Service, please contact us immediately at careteam@ontarionet.com or 844-668-3423. Your Account can be created by visiting https://www.ontarionet.com.

4. SERVICE TERM

The Service Term will begin on the date the Service first becomes operational at your Service Location according to our records (“Service Commencement Date”). You will receive an e-mail at the e-mail address in our records notifying you of the Service Commencement Date. Unless you notify OntarioNet in writing within two (2) business days of the Service Commencement Date that Service is not working, then the Service(s) will be deemed accepted by you, the Service Term will commence, and you will be responsible to pay for the Service(s) from the Service Commencement Date onward. The Service(s) will continue until either party terminates the applicable Service(s) in accordance with Section 13 below.

5. INSTALLATION OF ONTARIONET EQUIPMENT & ACCESS TO YOUR SERVICE LOCATION

A. In order to receive the Services, you must allow OntarioNet, or its agents, to enter your Service Location and install OntarioNet Equipment. “OntarioNet Equipment” means all new or reconditioned equipment that we or our agent provides or leases to you, including, but not limited to, cabling or wiring (except for inside wiring) and electronic devices, optical network terminals, modems, routers, and any other hardware as well as all software and programs contained within OntarioNet Equipment or downloaded to your computers, handheld devices, or equipment, by us. OntarioNet, or its agents, will not be liable for any alterations to your property that result from the installation or removal of the OntarioNet Equipment and/or wiring including any holes in walls, cable wiring or antenna mounting brackets; although care will be used to make the installations reasonably appealing.

B. You agree that we, or our agents, may enter your Service Location during the scheduled service window you selected upon submitting your Service Order to install, configure, maintain, inspect, upgrade, replace, and remove certain OntarioNet Equipment. If OntarioNet requires access to your Service Location for these purposes, and such purpose is not an emergency, OntarioNet will provide a minimum of two (2) business days’ prior notice. You represent and warrant that you own your Service Location or otherwise have the authority to give us access to your Service Location. If you do not own your Service Location, you agree to supply the owner’s name, address, and phone number, and evidence that the owner has approved our access, upon request.

6. RESPONSIBILITY FOR EQUIPMENT, ELECTRICAL POWER, SOFTWARE, SECURITY

A. Customer Equipment Responsibilities/Electrical Power. Other than the OntarioNet Equipment provided to you for use with the Service(s), you must provide, maintain, repair, operate, and control any computers, handheld devices, software, inside wiring, or any other customer equipment necessary to use the Service(s). Any equipment or software that was not provided to you by OntarioNet is not the responsibility of OntarioNet, and OntarioNet will not provide support, or be responsible for ongoing maintenance, of such equipment or software.

You agree to make available and pay for electrical power (standard electrical outlet) at your Service Location to operate the OntarioNet Equipment used to access the Service(s). You understand that the Service(s) will not function in the event of a loss of power. OntarioNet will not be liable for loss of any Service(s) in the event of interruption of power to the OntarioNet Equipment.

B. OntarioNet Equipment Responsibilities. You will be responsible for providing and maintaining adequate space at your Service Location for the OntarioNet Equipment. All OntarioNet Equipment remains OntarioNet’s property. None of the OntarioNet Equipment shall be deemed fixtures or part of your Service Location. You may not sell, pledge, mortgage, or otherwise dispose of or give away any of the OntarioNet Equipment.

You expressly agree that you will use the OntarioNet Equipment exclusively in connection with the Service(s). You agree that you will not allow anyone other than OntarioNet or our agents to rearrange, disconnect, remove, attempt to repair, or otherwise tamper with the OntarioNet Equipment. You acknowledge that any reinstallation, or change in location of the OntarioNet Equipment must be approved by OntarioNet and performed by OntarioNet at the service rates in effect at the time of service. You shall not attach any electrical or other devices to or otherwise alter the OntarioNet Equipment without OntarioNet’s prior written consent.

You shall notify OntarioNet promptly of any defect in, damage to, or accident involving OntarioNet Equipment, or if OntarioNet Equipment is stolen or otherwise removed from your Service Location without your authorization.

If your Service or OntarioNet Equipment is lost, stolen, accessed by a third party or fraudulently used, then you are responsible for all usage incurred before we receive notice from you of such loss or theft. You agree to cooperate in the investigation of fraud or theft and to provide us with such information and documentation as we may request (including affidavits and police reports).

OntarioNet will not be liable to you or any other person for interruption of Service(s) or for any other loss, cost or damage caused or related to improper use or maintenance of the OntarioNet Equipment by you or third parties you allow to access the OntarioNet Equipment. You must not create or permit to be created any lien or encumbrances on the OntarioNet Equipment.

C. Equipment Return. Upon, and after, termination of Service(s), you agree to return the OntarioNet Equipment to OntarioNet as instructed at the time of termination or to allow OntarioNet to enter your Service Location and remove the OntarioNet Equipment from your Service Location. If your returned OntarioNet Equipment is not in the same condition as when provided, normal wear and use excepted, you may receive an invoice from OntarioNet and be charged for the actual cost of repairing or replacing the OntarioNet Equipment. You agree to pay such charge even if such OntarioNet Equipment is lost (through theft or otherwise) or destroyed.

D. Software. OntarioNet may provide you, for a fee or at no charge, software for use in connection with the Service(s) that is owned by OntarioNet or its third-party licensors, providers and suppliers (“Software”). Any and all Software provided by OntarioNet is the property of OntarioNet and/or its third-party licensors, providers, and suppliers and is subject to the terms and restrictions provided in this Agreement. We reserve the right to update, upgrade or change the Software remotely or otherwise and to make related changes to the settings and software on your computer or equipment, and you agree to permit such changes and access to your computer and equipment at any time. You must use the Software only in connection with the Service(s) and for no other purpose. Certain Software may be accompanied by an end user license agreement ("EULA") from OntarioNet or a third party. Your use of the Software is governed by the terms of that EULA and by this Agreement, where applicable. You must not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms of the EULA.

E. OntarioNet Intellectual Property Rights. All rights are reserved. OntarioNet and its third party vendors own all intellectual property rights in the Services and OntarioNet Equipment, including related written materials, software, logos, service marks, trademarks, names and other support materials furnished with the Services and OntarioNet Equipment. No title to the intellectual property in the Services, OntarioNet Equipment, the documentation, or any other material provided therewith is transferred to you by this Agreement. You may not use any of these written materials, software, logos, service marks, trademarks, names and other support materials without OntarioNet’s prior written permission or the permission of the owner.

F. Customer Security Responsibilities. You bear exclusive responsibility for the security, confidentiality, and management of the information you transmit through our Service(s), including but not limited to back-up and restoration of your data. OntarioNet is not obligated to monitor such material but reserves the right to do so, including but not limited to, for purposes of network security management and quality of service management. OntarioNet has no authority over and assumes no liability for the content of information passing through its network or your equipment. The use of any such Service(s) is undertaken at your own risk. Payment for any charges resulting from fraud, abuse, or misuse of the Service(s), whether known or unknown to you, is your responsibility. It is incumbent upon you to implement all necessary measures to guard against such occurrences. You are solely accountable for any improper use of the Service(s) by yourself or third parties constituting a violation of any applicable law or any provision outlined in the Agreement. For more information regarding your use of the Services, please refer to our Acceptable Use Policy at: https://www.ontarionet.com.

In addition to the information you transmit through our Service(s), you are responsible for the security of any equipment or software you use that was not provided to you by OntarioNet. OntarioNet shall not be liable for any damage or loss to your computer, hardware, software applications, data and files. We make no representation or warranty that any software or content installed on your computer(s) or that you download using the Service(s) does not contain a virus or other harmful feature, and it is your sole responsibility to take appropriate precautions to protect your computer and all other personal equipment, software and hardware from damage to their software, files or data as a result of any such virus or other harmful feature.

YOU AGREE THAT ONTARIONET IS NOT RESPONSIBLE FOR THE LOSS OF YOUR DATA OR FOR THE BACK-UP OR RESTORATION OF YOUR DATA, REGARDLESS OF WHETHER THIS DATA IS MAINTAINED ON OUR SERVERS OR YOUR DEVICE(S). YOU SHOULD ALWAYS BACK-UP ANY IMPORTANT INFORMATION SEPARATELY FROM DATA STORED ON ONTARIONET'S OR ANY THIRD PARTY'S SERVERS.

7. CHARGES AND BILLING

A. How We Bill You. You will be billed on a calendar monthly basis. Recurring monthly service charges are billed in advance. Any usage-based charges, equipment charges, third-party services charges, and other one-time charges will be billed after you incur these charges. Your billing statement will be issued on the 25th calendar day of each month. The Service charges will begin on the Service Commencement Date (as defined in Section 4 of this Agreement). Billing for partial months will be prorated.

B. Billing Statements and Automatic Paperless Billing Program. Unless you request a paper billing statement, you will be automatically enrolled in OntarioNet’s paperless billing program. Each month you will receive an e-mail notifying you that your billing statement is available online for viewing and payment. You agree to view and pay your bill electronically each month and to promptly update your e-mail address associated with your Account, if it changes. There is no fee for paperless billing. You may request paper billing statements by selecting that option in your online Account. A monthly fee equal to Three Dollars ($3.00) will apply if you choose to receive a paper bill or if your enrollment in paperless billing is canceled. If your electronic payment is rejected for any reason, OntarioNet may charge a return item fee, cancel your enrollment in the paperless billing program and send you paper bills going forward.

C. Payment Due Dates and Payment Methods. Payments are due on the 1st day of each month (“Due Date”). You may pay your bill by credit card, by debit card, by ACH (automated clearing house), or by check. Payments by credit card, debit card, or ACH can be made online through your OntarioNet Account. A card processing fee will apply for all credit card and debit card transactions. No fee will apply to ACH or checks. Checks can be sent by mail to:

OntarioNet

City of Ontario

303 E. B Street

Ontario, CA 91764

You may not make restrictive endorsements (such as “paid in full”) or other statements or releases on or with checks or other payments accepted by us. If you do so, we may disregard the restrictive endorsement or reject the payment. If you choose to enroll in automatic payments, all payments will be automatically withdrawn from your bank account on the Due Date (or next business day if the Due Date falls on a holiday or weekend), unless at least 48 hours prior to the Due Date, you terminate your authorization by cancelling the automatic payment option in your OntarioNet Account.

D. Our Remedies If You Pay Late or Fail to Pay. We expect you to pay amounts due on a timely basis, and we do not extend credit to customers. If, for any reason, we do not receive payment for the full amounts billed to you by the 15th day of the calendar month, and you have not timely disputed the charges under Section 7(I), OntarioNet may (1) charge an insufficient funds processing fee if the payment method used has insufficient funds to cover the total bill amount (2) charge a late fee equal to Five Dollars ($5.00) or ten percent (10%) of the amount past due, whichever is greater; (3) charge a processing fee for any returned checks or card chargebacks; and (4) suspend or disconnect any or all of your services without reducing fees or charges for the services subject to applicable law. We may accept a partial payment, but we still have the right to collect the full balance on demand. We will apply any partial payment to outstanding charges in amounts and in the order we determine, in our sole discretion.

In addition to the above fees and charges, any undisputed amounts not paid within thirty (30) days of the Due Date will bear interest at 1.5% per month until paid in full. You are responsible for all Service charges, even if incurred as the result of unauthorized use.

E. We May Charge Fees for Suspension or Disconnection. If you fail to pay the full amount due for any or all charges, we may suspend or disconnect any or all of the Services without reducing fees or charges for the Service(s), in our sole discretion and subject to applicable law.

F. We May Charge Fees to Reconnect Services. If you ask us to resume any Service(s) after a suspension or disconnection, we may charge you additional installation or activation fees. These fees are in addition to all past-due charges and other fees. Reconnection of the Service(s) is subject to this Agreement, and applicable law.

G. We May Charge You Collection Costs. We may use a collection agency or attorney to collect money you owe. If we do so, you agree to pay our reasonable costs of collection, including any collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.

H. We Have the Right to Make Credit Inquiries. YOU AUTHORIZE US TO MAKE INQUIRIES AND TO RECEIVE INFORMATION ABOUT YOUR CREDIT EXPERIENCE FROM OTHERS, TO ENTER THIS INFORMATION IN YOUR FILE, AND TO DISCLOSE THIS INFORMATION TO APPROPRIATE THIRD PARTIES FOR REASONABLE BUSINESS PURPOSES. For more information regarding how OntarioNet collects, uses, or shares Customer information as well as a Customer’s privacy choices and controls, please see OntarioNet’s Privacy Policy. We will not discriminate in the application of our credit inquiries and deposit policy on the basis of race, color, sex, creed, religion, nationality, sexual orientation, or marital status. We (or third-party credit bureaus) will conduct risk assessments in accordance with all applicable laws.

I. Contact Us with Billing Questions or Disputes. Subject to your waiver of certain claims under Section 7(M), you may dispute charges on a bill or request billing credits. To do so, you must submit your dispute in writing to careteam@ontarionet.com by the 15th day of the calendar month immediately after the charge first appears on your billing statement, or you waive any disputes subject to applicable law and our binding legal obligations. OntarioNet bears no liability or responsibility for any losses of any kind that you may incur as a result of a payment made on items incorrectly billed or for any delay in the actual date on which your Account is debited or credit card is charged. While your dispute is being reviewed by OntarioNet, your Service will remain active as long as you pay the undisputed amounts on your bills.

J. We May Require a Refundable Deposit. We may require you to pay a refundable deposit when you activate the Service(s), add Service(s), or fail to pay any amounts when they are due. Subject to applicable law, your deposit will be credited to your account (without interest) if your account remains in good standing for twelve (12) months. We may refund your deposit sooner if all of the Services are terminated. We will provide this refund within thirty (30) days of Service disconnection and the return of all OntarioNet Equipment or within the timeline set by applicable law. Refund amounts are equal to the credit balance on your account, if any, minus any amounts due on your account. Amounts due on your account may include amounts owed for the Service(s), including, but not limited to: (1) for any OntarioNet Equipment that is damaged, altered, or unreturned; (2) an early termination or modification fee in the event you subscribe to a Bundled Services plan and either terminate or modify the plan prior to fulfilling the minimum Service Term agreed upon to receive the promotional rate, discount, gift or other incentive; and (3) an early termination fee in the event you subscribe to a plan with a specified Service Term and you terminate the plan prior to fulfilling the minimum Service Term agreed upon (“Early Termination Fee”). The Early Termination Fee shall be the adjustment equivalent to the difference between the fees you have paid and the fees (including any administration and start-up fees) you would have paid for the same period of Services pursuant to a month-to-month plan.

If OntarioNet is unable to locate a Customer for a period of six (6) months or longer, Customer agrees that any outstanding refund amounts shall be deemed forfeited by Customer.

K. You Must Pay Certain Charges, Fees, and Taxes. You will be responsible for: (1) all fees arising out of your Account, whether or not you authorized such use; and (2) all applicable federal, state or local sales, use, privilege, gross receipts, utility, value added, excise or other taxes (except for net income taxes levied on OntarioNet), or any charges in lieu thereof, and any applicable surcharges or fees, whether government-mandated or OntarioNet initiated including but not limited to E-911, Universal Service and Local Number Portability. Your bill may also contain certain other charges (including, without limitation, taxes and other fees and charges such as account activation, equipment delivery and handling fees, installation charges, and OntarioNet-initiated surcharges and fees, including a disconnection order processing fee, administrative or reactivation fees, a paper billing fee, or other cost recovery assessments, interest on past due balances, returned payment fees, early termination fees, equipment charges and fees and other nonrecurring or recurring charges.

L. Third-Party Charges Are Your Responsibility. In addition to the amounts we charge, you may incur charges from third-party services providers. These third parties may charge you for access to online services, telephone-based services, or other offerings. You are solely responsible for these third-party charges, including any applicable taxes. We will not be responsible for any disputes between you and any third party regarding any third-party charges.

M. Waiver of Cost of Service Claims. By agreeing to be bound by this Agreement, you agree to pay the fees and charges in exchange for the Services. You further understand and agree that OntarioNet is providing the Services in a competitive marketplace, that you have chosen to be bound by this Agreement with knowledge that you can obtain similar services from other service providers, and that you may terminate this Agreement and the provision of the Services at any time pursuant to Section 13 of this Agreement. As such, you hereby agree to waive any claims against OntarioNet, the City of Ontario, any associated entities, and their employees, officials, and representatives, with respect to the validity of the fees and charges, including without limitation the rates for the fees or charges.

8. RESTRICTIONS ON USE

By using the Services, you agree to comply with OntarioNet's Acceptable Use Policy (“AUP”). If you do not comply with the AUP, you must stop using the Services immediately and your access and further use may be terminated without refund.

9. MONITORING AND COLLECTION OF DATA

For information regarding how we collect, use, or share your information as well as your privacy choices and controls, see OntarioNet’s Privacy Policy.

10. DISCLAIMERS

A. Service Level & Continuity. ONTARIONET DOES NOT WARRANT THAT THE SERVICE(S) OR EQUIPMENT PROVIDED BY ONTARIONET WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. ONTARIONET SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.

B. No Warranty. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY ONTARIONET (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), ONTARIONET (AND ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, AND SUPPLIERS) (COLLECTIVELY THE "ONTARIONET PARTIES"), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY ONTARIONET OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED.

ONTARIONET DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO CUSTOMER’S LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF ONTARIONET HAS ACCEPTED CUSTOMER’S ORDER FOR SERVICE. THE PROVISIONING OF SERVICE MAY BE SUBJECT TO NETWORK AVAILABILITY, THE CONDITION OF WIRING INSIDE CUSTOMER’S LOCATION, AND CUSTOMER’S COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT CUSTOMER’S SERVICE IS NOT PROVISIONED FOR ANY REASON, NEITHER CUSTOMER NOR ONTARIONET SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN CUSTOMER’S OBLIGATION TO RETURN ANY ONTARIONET-PROVIDED EQUIPMENT).

C. Limitation of Liability. IN NO EVENT SHALL ONTARIONET, THE ONTARIONET PARTIES OR ONTARIONET'S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF ONTARIONET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, CLAIMS, ACTIONS, SUITS, OR PROCEEDINGS RESULTING FROM (i) OTHER ONTARIONET CUSTOMERS OR THIRD PARTIES ACCESSING CUSTOMER’S DATA (ii) EAVESDROPPING AND OTHER SECURITY BREACHES; (iii) DENIAL OF SERVICE ATTACKS; (iv) INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; (v) CUSTOMER’S RELIANCE ON OR USE OF THE SERVICES; (vi) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR OTHER FAILURES OF PERFORMANCE OF THE SERVICES; OR (vii) THE ACCURACY, COMPLETENESS, AND USEFULNESS OF THE SERVICES.

THE LIABILITY OF THE ONTARIONET PARTIES, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSE OR OTHER AGREEMENTS) OUR THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) CUSTOMER HAS PAID TO ONTARIONET FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW.

D. OntarioNet Licensors, Providers and Suppliers. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION ALSO APPLY TO ONTARIONET'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.

E. Exclusive Remedies. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT AND APPLICABLE SERVICE SCHEDULES ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES. CUSTOMER MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO CUSTOMER.

11. INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ONTARIONET FROM AND AGAINST ANY DAMAGES, LOSSES, OR EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COSTS) INCURRED IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS, AND CAUSES OF ACTION ARISING OUT OF (a) YOUR USE OF THE SERVICES OR THE ONTARIONET EQUIPMENT; (b) YOUR ACTUAL OR ALLEGED VIOLATION OF APPLICABLE LAW; (c) YOUR FAILURE TO NOTIFY ONTARIONET OF A CHANGE IN OR THE INACCURACY OF THE INFORMATION YOU PROVIDED; AND (d) YOUR BREACH OF THIS AGREEMENT OR ANY APPLICABLE ONTARIONET POLICIES. YOUR INDEMNIFICATION OBLIGATIONS WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

12. CHANGES TO SERVICES OR TERMS OF SERVICE

The Services, rates and charges for the Services, and this Agreement may be changed by OntarioNet from time to time and you will be notified of any material changes via the notice information you have provided OntarioNet. Your ongoing use of the Services after being notified of such changes means you accept the changes to the Services or the Agreement, as applicable. Any changes made to this Agreement after your Service is terminated shall apply to you so long as OntarioNet provides notice of those changes to you.

Notwithstanding the above, if there is a change in governmental or quasi-governmental taxes, fees, or assessments, or in any third-party charges billed through us, we may not provide notice unless required by applicable law.

13. SUSPENSION OR TERMINATION OF SERVICES

A. How We May Terminate. OntarioNet reserves the right to refuse, suspend or terminate Service to any person at any time for any reason not prohibited by law. When practical, OntarioNet will provide notice that is reasonable under the circumstances before suspending or terminating Service to a Customer, and OntarioNet will provide any prior notice of suspension or termination that is required by law. OntarioNet may also suspend or terminate the Services if: (a) you breach any provision of this Agreement or applicable Service Schedules or the AUP, or any of OntarioNet’s policies; (b) you or others use the Services to engage in fraud or unlawful conduct or are suspected of doing so; or (c) or any regulatory agency, legislative body or court restricts or otherwise prevents OntarioNet from furnishing the Services. If we continue providing Services, this does not mean we have reviewed or approved any use of the Services, or any information transmitted through the Services.

B. How You May Terminate. You may terminate the Services in either of two ways: (1) by accessing your Account and following the steps to terminate Services, or (2) by calling us at 844-668-3423. Applicable fees and charges for the Service(s) may accrue until the Services have been disconnected, and all OntarioNet Equipment has been returned, subject to applicable law.

14. NOTICE

Unless otherwise specified in this Agreement, notices to you by OntarioNet may be made via email, telephone, or regular mail, to any email or physical address identified in a Service Order or associated with your Account, or by posting online at https://www.ontarionet.com.

It is your responsibility to provide OntarioNet with current email, phone number and address and other contact information, and to check for such notices regularly. If you send OntarioNet an email, you agree that your ID and/or alias contained in the email is legally sufficient to verify you as the sender and the authenticity of the communication.

15. ARBITRATION

A. OntarioNet encourages you to contact us at careteam@ontarionet.com if you have concerns or complaints about your Service(s). Generally, customer complaints can be satisfactorily resolved in this way. In the unlikely event that you are not able to resolve your concerns, you and OntarioNet each agree to resolve all disputes through binding arbitration rather than lawsuits in courts of general jurisdiction, jury trials, or class actions. Arbitration is more informal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and individual relief affecting individual parties that a court can award, including an award of attorneys’ fees if the law allows.

B. Any controversy or claim arising out of or related to this Agreement or the Service(s), including without limitation any claim based on or arising from an alleged tort, will be determined by arbitration. The arbitration will proceed under the then-current rules of JAMS/Endispute in San Bernardino County, California. Judgment upon the decision rendered by the arbitrators may be entered in any court having jurisdiction. Either party may elect to seek provisional relief from a court with jurisdiction without thereby waiving arbitration.

16. MISCELLANEOUS PROVISIONS

A. General. No prior agreements, understandings, statements, proposals or representations, either oral or written, respecting the subject matter hereof apply. If any provision of this Agreement is held to be illegal or unenforceable, this Agreement’s unaffected provisions will remain in effect. The terms of this Agreement, which either are expressly stated to survive or by their nature would logically be expected to survive termination, shall continue thereafter until fully performed.

B. Force Majeure. OntarioNet shall not be liable, nor will any remedy provided by this Agreement be available to you, for any failure of any Service due to causes beyond OntarioNet’s reasonable control which shall include without limitations, acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, equipment failures, transportation difficulties, or other similar occurrences. You will not be obligated to pay OntarioNet for Service not delivered as the result of force majeure.

C. Assignment. You may not assign your rights or obligations under this Agreement or any Service Order without the express prior written consent of OntarioNet. This Agreement will apply to any permitted transferees or assignees. Except as provided in Section 10(D), nothing in this Agreement, express or implied, is intended to or will confer upon any third party any right, benefit or remedy under or by reason of this Agreement.

D. Governing Law and Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions.

E. Waiver. No delay, failure, or waiver of OntarioNet’s exercise or partial exercise of any right or remedy under this Agreement will operate to limit, impair, preclude, cancel, waive, or otherwise affect such right or remedy.

ONTARIONET RESIDENTIAL

GENERAL TERMS & CONDITIONS

VERSION 01/23/2025