Common use of Restrictions and Liabilities Clause in Contracts

Restrictions and Liabilities. Both parties agree that the following conditions of business will apply: a) All hardware and software provided by WATERLOO WIRELESS remains the property of WATERLOO WIRELESS/MEGAWIRE, excluding any hardware purchased directly by the Customer for use on the system. In no manner does the Customer have any right to tamper, modify or replicate the configuration in any form, or to duplicate a similar hardware/software configuration to be used in place of the WATERLOO WIRELESS units. b) The Customer cannot redirect, resell or share the service in any way beyond their direct use, established at the time of setup, unless WATERLOO WIRELESS provides written permission. c) WATERLOO WIRELESS is not responsible for any illegal transaction, activity, download or upload generated to or from the Customer, directly or indirectly. Neither is WATERLOO WIRELESS responsible for any other form of soliciting done to or from the Customer. The WATERLOO WIRELESS network is solely a means of directing requests from and to the Customer’s system. d) WATERLOO WIRELESS is not responsible for any cyber-attack, cyber breach, or data breach that the Customer may experience while using the services provided by WATERLOO WIRELESS e) WATERLOO WIRELESS has the exclusive right to open any hardware provided by WATERLOO WIRELESS or to allow an authorized person assigned by WATERLOO WIRELESS to open and modify any components. f) WATERLOO WIRELESS will sustain the network to the best of their ability and will repair or replace any defective systems as quickly as possible. g) WATERLOO WIRELESS is not responsible for any down time experienced by the Customer or for any possible loss of communication time. WATERLOO WIRELESS will make any necessary repairs within four (4) business days of notification. h) WATERLOO WIRELESS is not responsible for any monetary liability due to possible down time, be it real or perceived. i) WATERLOO WIRELESS is neither responsible nor holds liability for customer routers. This includes but is not limited to routers purchased through WATERLOO WIRELESS. j) If the network structure is inoperative for longer than 48 hours during regular business hours, WATERLOO WIRELESS will compensate the Customer for the failure directly/solely related to the WATERLOO WIRELESS equipment, provided a written request for compensation is received within 48 hours of service restoration. This monetary compensation is limited to the prorated daily amount of the Customer’s regular monthly fee. k) WATERLOO WIRELESS is not liable in any form for loss or damages due to the failure of the equipment beyond the replacement of a WATERLOO WIRELESS unit. l) WATERLOO WIRELESS is not liable for any failure or delay due to causes of force majeure, including without limitation, fires, floods, storms, earthquakes, diseases, pandemics, civil disturbances, or labour matters. If WATERLOO WIRELESS is delayed or prevented from performing its obligations under this Agreement for a period of thirty (30) consecutive days, the Customer shall have the immediate right to terminate this Agreement at the end of such thirty (30) consecutive-day period. m) If a Customer requests a service call regarding possible service interruption and any problem is found to be the fault of the WATERLOO WIRELESS equipment, the problem will be resolved at no charge to the Customer within the one (1) year manufacturer warranty. However, if it is found that the fault lies outside the WATERLOO WIRELESS hardware, (de-marker point) a charge of $95 per call will be charged to the Customer, per incident; i.e., weather-related incidents. This rate may change and will be governed solely by WATERLOO WIRELESS. n) Any equipment purchased by or for the Customer is not considered the property of WATERLOO WIRELESS. This includes the items used to connect to the wireless system, purchased by the Customer, regardless of who provided it. Warranty of the items is governed by the manufacturer and not by WATERLOO WIRELESS. Any equipment purchased by the Customer for the use of the service remains the property of the Customer. o) WATERLOO WIRELESS will inform the Customer of any unscheduled servicing on the system which may interfere with performance, if the system will be down for longer than one hour. Unless the service is considered urgent by WATERLOO WIRELESS, no notice of unscheduled servicing shall be required. p) WATERLOO WIRELESS may install protection system(s) from their equipment but is not responsible in any way whatsoever for any potential or actual corruption of or spamming to the Customer’s system. The Customer is responsible for taking any steps necessary to protect their files. Both parties acknowledge that systems are still vulnerable despite the use of the best protection systems available. q) The Customer may not use the Services for anything other than the Customer’s own personal use. The Customer may not resell the Services, receive any charge or benefit for the use of the Services or provide Internet access or any other feature of the Services to any third party. The Customer may not share or transfer their Services without the express consent of WATERLOO WIRELESS.

Restrictions and Liabilities. Both parties agree that the following conditions of business will apply: a) All hardware and software provided by WATERLOO WIRELESS remains the property of WATERLOO WIRELESS/MEGAWIRE, excluding any hardware purchased directly by the Business Customer for use on the system. In no manner does the Business Customer have any right to tamper, modify or replicate the configuration in any form, or to duplicate a similar hardware/software configuration to be used in place of the WATERLOO WIRELESS units. b) The Business Customer cannot redirect, resell or share the service in any way beyond their direct use, established at the time of setup, unless WATERLOO WIRELESS provides written permission. c) WATERLOO WIRELESS is not responsible for any illegal transaction, activity, download or upload generated to or from the Business Customer, directly or indirectly. Neither is WATERLOO WIRELESS responsible for any other form of soliciting done to or from the Business Customer. The WATERLOO WIRELESS network is solely a means of directing requests from and to the Business Customer’s system. d) WATERLOO WIRELESS is not responsible for any cyber-attack, cyber breach, or data breach that the Business Customer may experience while using the services provided by WATERLOO WIRELESS. e) WATERLOO WIRELESS has the exclusive right to open any hardware provided by WATERLOO WIRELESS or to allow an authorized person assigned by WATERLOO WIRELESS to open and modify any components. f) WATERLOO WIRELESS will sustain the network to the best of their ability and will repair or replace any defective systems as quickly as possible. g) WATERLOO WIRELESS is not responsible for any down time experienced by the Business Customer or for any possible loss of communication time. WATERLOO WIRELESS will make any necessary repairs to Business Customer premises hardware within four twelve (412) regular business days hours of notification. h) WATERLOO WIRELESS is not responsible for any monetary liability due to possible down time, be it real or perceived. i) WATERLOO WIRELESS is neither responsible nor holds liability for customer Business Customer routers. This includes but is not limited to routers purchased through WATERLOO WIRELESS. j) If the network structure is inoperative for longer than 48 forty-eight (48) hours during regular business hours, WATERLOO WIRELESS will compensate the Business Customer for the failure directly/solely related to the WATERLOO WIRELESS equipment, provided a written request for compensation is received within 48 forty-eight (48) hours of service restoration. This monetary compensation is limited to the prorated daily amount of the Business Customer’s regular monthly fee. k) WATERLOO WIRELESS is not liable in any form for loss or damages due to the failure of the equipment beyond the replacement of a WATERLOO WIRELESS unit. l) WATERLOO WIRELESS is not liable for any failure or delay due to causes of force majeure, including without limitation, fires, floods, storms, earthquakes, diseases, pandemics, civil disturbances, or labour matters. If WATERLOO WIRELESS is delayed or prevented from performing its obligations under this Agreement for a period of thirty (30) consecutive days, the Business Customer shall have the immediate right to terminate this Agreement at the end of such thirty (30) consecutive-day period. m) If a Business Customer requests a service call regarding possible service interruption and any problem is found to be the fault of the WATERLOO WIRELESS equipment, the problem will be resolved at no charge to the Business Customer within the one (1) year manufacturer warranty. However, if it is found that the fault lies outside the WATERLOO WIRELESS hardware, (de-marker point) a charge of $95 per call hour will be charged to the Business Customer, per incident; i.e., weather-related incidents. This rate may change and will be governed solely by WATERLOO WIRELESS. n) Any equipment purchased by or for the Business Customer is not considered the property of WATERLOO WIRELESS. This includes the items used to connect to the wireless system, purchased by the Business Customer, regardless of who provided it. Warranty of the items is governed by the manufacturer and not by WATERLOO WIRELESS. Any equipment purchased by the Business Customer for the use of the service Service remains the property of the Business Customer. o) WATERLOO WIRELESS will inform the Business Customer of any unscheduled servicing on the system which may interfere with performance, if the system will be down for longer than one hour. Unless the service is considered urgent by WATERLOO WIRELESS, no notice of unscheduled servicing shall be required. p) WATERLOO WIRELESS may install protection system(s) from their equipment but is not responsible in any way whatsoever for any potential or actual corruption of or spamming to the Business Customer’s system. The Business Customer is responsible for taking any steps necessary to protect their files. Both parties acknowledge that systems are still vulnerable despite the use of the best protection systems available. q) The Business Customer may not use the Services for anything other than the Business Customer’s own personal use. The Business Customer may not resell the Services, receive any charge or benefit for the use of the Services or provide Internet access or any other feature of the Services to any third party. The Business Customer may not share or transfer their Services without the express consent of WATERLOO WIRELESS.

Restrictions and Liabilities. Both parties agree that the following conditions of business will apply: a) All hardware and software provided by WATERLOO WIRELESS remains the property of WATERLOO WIRELESS/MEGAWIRE, excluding any hardware purchased directly by the Business Customer for use on the system. In no manner does the Business Customer have any right to tamper, modify or replicate the configuration in any form, or to duplicate a similar hardware/software configuration to be used in place of the WATERLOO WIRELESS units. b) The Business Customer cannot redirect, resell or share the service in any way beyond their direct use, established at the time of setup, unless WATERLOO WIRELESS provides written permission. c) WATERLOO WIRELESS is not responsible for any illegal transaction, activity, download or upload generated to or from the Business Customer, directly or indirectly. Neither is WATERLOO WIRELESS responsible for any other form of soliciting done to or from the Business Customer. The WATERLOO WIRELESS network is solely a means of directing requests from and to the Business Customer’s system. d) WATERLOO WIRELESS is not responsible for any cyber-attack, cyber breach, or data breach that the Business Customer may experience while using the services provided by WATERLOO WIRELESS. e) WATERLOO WIRELESS has the exclusive right to open any hardware provided by WATERLOO WIRELESS or to allow an authorized person assigned by WATERLOO WIRELESS to open and modify any components. f) WATERLOO WIRELESS will sustain the network to the best of their ability and will repair or replace any defective systems as quickly as possible. g) WATERLOO WIRELESS is not responsible for any down time downtime experienced by the Business Customer or for any possible loss of communication time. WATERLOO WIRELESS will make any necessary repairs to Business Customer premises hardware within four twelve (412) regular business days hours of notification. h) WATERLOO WIRELESS is not responsible for any monetary liability due to possible down timedowntime, be it real or perceived. i) WATERLOO WIRELESS is neither responsible nor holds liability for customer Business Customer routers. This includes but is not limited to routers purchased through WATERLOO WIRELESS. j) If the network structure is inoperative for longer than 48 forty-eight (48) hours during regular business hours, WATERLOO WIRELESS will compensate the Business Customer for the failure directly/solely related to the WATERLOO WIRELESS equipment, provided a written request for compensation is received within 48 forty-eight (48) hours of service restoration. This monetary compensation is limited to the prorated daily amount of the Business Customer’s regular monthly fee. k) WATERLOO WIRELESS is not liable in any form for loss or damages due to the failure of the equipment beyond the replacement of a WATERLOO WIRELESS unit. l) WATERLOO WIRELESS is not liable for any failure or delay due to causes of force majeure, including including, without limitation, fires, floods, storms, earthquakes, diseases, pandemics, civil disturbances, or labour matters. If WATERLOO WIRELESS is delayed or prevented from performing its obligations under this Agreement for a period of thirty (30) consecutive days, the Business Customer shall have the immediate right to terminate this Agreement at the end of such thirty (30) consecutive-day period. m) If a Business Customer requests a service call regarding possible service interruption and any problem is found to be the fault of the WATERLOO WIRELESS equipment, the problem will be resolved at no charge to the Business Customer within the one (1) year manufacturer warranty. However, if it is found that the fault lies outside the WATERLOO WIRELESS hardware, hardware (de-marker point) ), a charge of $95 per call hour will be charged to the Customer, Business Customer per incident; , i.e., weather-related incidentsincident. This rate may change and will be governed solely by WATERLOO WIRELESS. n) Any equipment purchased by or for the Business Customer is not considered the property of WATERLOO WIRELESS. This includes the items used to connect to the wireless system, purchased by the Business Customer, regardless of who provided it. Warranty of the items is governed by the manufacturer and not by WATERLOO WIRELESS. Any equipment purchased by the Business Customer for the use of the service Service remains the property of the Business Customer. o) WATERLOO WIRELESS will inform the Business Customer of any unscheduled servicing on the system which may interfere with performance, if the system will be down for longer than one hour. Unless the service is considered urgent by WATERLOO WIRELESS, no notice of unscheduled servicing shall be required. p) WATERLOO WIRELESS may install protection system(s) from their equipment but is not responsible in any way whatsoever for any potential or actual corruption of or spamming to the Business Customer’s system. The Business Customer is responsible for taking any steps necessary to protect their files. Both parties acknowledge that systems are still vulnerable despite the use of the best protection systems available. q) The Business Customer may not use the Services for anything other than the Business Customer’s own personal use. The Business Customer may not resell the Services, receive any charge or benefit for the use of the Services or provide Internet access or any other feature of the Services to any third party. The Business Customer may not share or transfer their Services without the express consent of WATERLOO WIRELESS.