Internet Service Provider Terms and Conditions

INTERNET SERVICE PROVIDER TERMS AND CONDITIONS
MAY 23, 2023

These Internet Service Provider Terms and Conditions shall
be between CloudWyze, Inc., a North Carolina corporation (“CloudWyze”)
and the person or entity (“Subscriber”) identified on a service order (“Service
Order”). The Internet Service Provider Terms and Conditions and the Service
Order(s) are collectively referred to as the “Agreement”. This Agreement
applies to CloudWyze’s provision of high-speed broadband internet service and
the capability for acquiring or retrieving information from; generating, storing,
transforming, processing, or utilizing information on; or making available
information to other Internet end points connected directly or indirectly to
our network (collectively, the “Service”).

1. Access & Installation; Service.

a. Subscriber authorizes CloudWyze and its subcontractors
with a right to enter Subscriber’s property and premises at any time in order
to install, maintain, and repair the Service, retrieve CloudWyze leased
equipment, fulfill its obligations or exercise its rights under this Agreement.
CloudWyze shall provide Subscriber with reasonable advance notice of any such
planned access, except when, in the reasonable opinion of CloudWyze, an
emergency or other exigent circumstance exist that would require CloudWyze to
immediately enter Subscriber’s property and premises. Subscriber understands
and agrees that CloudWyze may drill, cut, and otherwise alter improvements on
the premises (including walls, flooring, and/or other surfaces) in order to
install, maintain, or repair the Service. Subscriber represents and warrants
that it owns the property where the Services are to be performed or has
obtained permission from any necessary party (e.g., owner, landlord, or
building manager, etc.) to allow CloudWyze and its subcontractors reasonable
access to install, maintain, and repair the Service and to make any alterations
CloudWyze deems appropriate in connection with the foregoing. Subscriber
understands, acknowledges and agrees that until a technician arrives at the
Subscriber’s premises, the technician will not know whether the Subscriber’s
installation, maintenance, and repair will require additional equipment,
wiring, connection cable/lines, or other measures such as the removal of tree
limbs. Subscriber further acknowledges that CloudWyze’s fees for additional
measures to complete the installation process are disclosed in the Service
Order and in our Open Internet Transparency Policy.

b. Subject to the terms of this Agreement, CloudWyze grants
to Subscriber a limited, personal, non-transferable, and non-exclusive right to
use the Service during the Term (as defined below). Subscriber’s use of the
Services shall be in accordance with this Agreement and CloudWyze’s Acceptable
Use Policy, which is made a part of this Agreement. Subscriber is
responsible for providing and maintaining all equipment and software necessary
to access the Service. Nothing in this Agreement grants or transfers to
Subscriber any ownership rights in the Service, including the software and
other intellectual property rights related to the Service.

2. Service Order; Payment. For access to
and use of the Service, Subscriber will electronically approve a Service
Order(s) which will (i) include accurate and complete billing information
including legal name, address, telephone number, and credit card/billing, (ii)
provide CloudWyze the authority to process payment via the selected payment
methodology, and (iii) require that Subscriber report all changes to this
information to CloudWyze as soon as practicable. Subscriber is responsible for
all charges to Subscriber’s account. Unless otherwise provided on a Service
Order, Subscriber will be billed each month for the Service and any additional
usage or services. Subscriber is responsible for paying all charges billed to
their account in the manner and method prescribed on the Service Order.
CloudWyze is not responsible for any charges or expenses (e.g. returned checks
from overdrawn accounts, chargebacks for exceeding credit card limits, etc.)
resulting from charges billed by CloudWyze. Delinquent accounts may be subject
to late fees, suspended or terminated at CloudWyze’s sole discretion; however,
charges will continue to accrue until the account is terminated. CloudWyze may
bill an additional charge to reinstate a suspended account. A monthly billing
cycle shall commence on the anniversary date of the installation of the
Service. Subscriber is responsible for any taxes, including personal property
taxes or sales taxes resulting from Subscriber’s use of the Service. CloudWyze
has the right to increase any monthly fee with advance written notice to
Subscriber. Subscriber will have the option to accept the fee increase or to
terminate the Service under the same advance notice requirements in Section
4(a) of this Agreement.

3. Software License. In the event
Subscriber installs software distributed by CloudWyze (including software from
third-party vendors), CloudWyze grants to Subscriber a limited, non-exclusive,
non-transferable and non-assignable license or sublicense, as applicable, to
install and use such software, together with its associated documentation, and
any updates thereto (“Licensed Software”) in order to access and utilize
the Service during the Term. Subscriber agrees to use the Licensed Software
solely in conjunction with the Service and for no other purpose. CloudWyze may
modify the Licensed Software at any time, for any reason, and without providing
notice of such modification to Subscriber. The Licensed Software constitutes
confidential and proprietary information of CloudWyze and/or its licensors and
embodies trade secrets and intellectual property protected under United States
copyright laws, other laws, and international treaty provisions. All right,
title, and interest in and to the Licensed Software, including associated
intellectual property rights, are and shall remain with CloudWyze and, where
applicable, its licensors. Subscriber shall not translate, decompile, reverse
engineer, distribute, remarket or otherwise dispose of the Licensed Software or
any part thereof. Subscriber may not download, use or otherwise export or
re-export the Licensed Software or any underlying information or technology
except in full compliance with all United States and other applicable laws and
regulations. By installing or downloading the Licensed Software, Subscriber
represent and warrant that Subscriber is not located in, under the control of
or a national or resident of any country on the U.S. Treasury Department’s list
of Specially Designated Nationals or the U.S. Commerce Department’s Table of
Deny Orders.

4. Term and Termination.

a. Term. The term of this Agreement shall commence
on the effective date of the initial Service Order and continue as provided for
in such Service Order or, if silent, one (1) year (“Initial Term”). This
Agreement will automatically renew for additional successive terms of the same
length unless (i) Subscriber gives CloudWyze written notice of non-renewal at
least sixty (60) days prior to the expiration of the then-current term (each a
“Renewal Term” and together with the Initial Term, the “Term”) or
CloudWyze terminates this Agreement pursuant to Section 4(d).

b. Early Termination. In the event that
Subscriber should terminate this Agreement prior to any agreed-upon term, in
addition to any other rights that CloudWyze may have, and regardless of the
cause of termination or suspension, Subscriber shall pay CloudWyze according to
the provisions provided for herein: (i) all payments due through the date of
termination, including, but not limited to payments due for equipment not
returned as provided in subsection (c); (ii) all Services rendered and
reimbursable travel expenses incurred in the performance of this Agreement,
including work in progress or any portion of installation or Services completed
or in progress up to and including the date at which termination or suspension
of work takes effect, regardless of whether such installation has been
completed; and (iii) seventy-five percent (75%) of the cumulative fees unpaid
and outstanding through the then-current term. For avoidance of doubt, a
pre-approved move to another area serviced by CloudWyze, and payment of all
corresponding fees, by Subscriber from Subscriber’s existing location to a new
location shall not be deemed an early termination for purposes of this
Agreement.

c. Equipment Return; Equipment Value Return
Protection Plan.

i. If Subscriber leases any equipment from CloudWyze,
Subscriber shall return such equipment to CloudWyze no later than seventy-two
(72) hours following the termination of this Agreement. Such equipment will be
returned in working order and good condition, ordinary wear and tear excepted.
In the event the equipment is not timely returned or is not returned in working
order or good condition, Subscriber shall pay CloudWyze an amount equal to the
then fair market value of such equipment, as reasonably determined by CloudWyze
(“Equipment Value”). Any amounts owed or refunded to Subscriber under
the terms of this Agreement will be processed as an account credit. Account
credits will be applied against future payments owed by Subscriber. In the
event an unused account credit exists as of the termination of this Agreement
(after applying such credit to any additional amounts that may be owed by
Subscriber following the termination), CloudWyze will remit a check in the
amount of such account credit to Subscriber within 6 weeks of termination
provided. Checks will be sent to the address where the Service was provided,
unless Subscriber otherwise notifies CloudWyze at the time of termination that
such check should be sent to an alternate address.

ii. Subscribers who elected to pay a monthly premium to
avoid fees for failing to timely return equipment or reduce fees for returning
equipment not in working order or good condition will have the cumulative value
of the premiums paid (“Premiums Paid”) offset against the Equipment
Value. If the Equipment Value exceeds Premiums Paid Subscriber will be charged
pursuant to subsection (i). There is no refund if the Premiums Paid exceed the
Equipment Value.

iii. Subscriber is not permitted to connect any harmful
equipment or devices to the leased equipment. Subscriber understands,
acknowledges and agrees that failure to comply with this restriction may cause
damage to the CloudWyze network and subject Subscriber to liability for damages
and/or other liability. Subscriber agrees to not service, alter, modify or
tamper with the CloudWyze-leased equipment or the Service, or to permit,
encourage or solicit any other person to do the same, unless such person has been
authorized to do so by CloudWyze.

d. CloudWyze Suspension/Termination
Rights. CloudWyze reserves the right, in its sole discretion, to suspend
and/or terminate Subscriber’s account and use of the Service, with or without
notice. Subscriber may terminate its account and this Agreement at any time and
for any reason by providing notice of intent to terminate to CloudWyze. Upon
the suspension or termination of Subscriber’s Service, CloudWyze shall not be
responsible for the return of data stored on CloudWyze’s servers, including web
and email servers. Subscriber understands, acknowledges, and agrees that
CloudWyze has no obligation to visit Subscriber’s home or premises upon
termination to reconfigure Subscriber’s computer(s) or for any other reason
other than the return of CloudWyze equipment.

e. Subscriber Exclusive Remedy. If Subscriber is
dissatisfied with the Service or any related terms, conditions, rules,
policies, guidelines, or practices, Subscriber’s sole and exclusive remedy is
to discontinue using the Service which, for avoidance of doubt, does not alter
the obligations provided for in subsections (b) or (c).

5. Subscriber Equipment. To use the
Service, Subscriber must have a personal computer(s) or other similar device(s)
and other equipment such as a modem necessary to connect to the Service.
Subscriber understands, acknowledges and agrees that CloudWyze has no
responsibility for the operation or support, maintenance or repair of any
Subscriber equipment, software or services that Subscriber elects to use in
connection with the Service, nor is CloudWyze responsible for any damage that
CloudWyze-leased equipment or Service may or will cause to Subscriber
equipment.

6. No Resell. Subscriber’s use of the
Service is limited to Subscriber’s household or business. Subscriber may not
resell, and/or otherwise extend the Service via wires and/or wireless or other
means to other users outside of the Subscriber’s immediate household or
business. Rental units, whether or not attached to Subscriber’s principal
residence or place of business, are considered separate users, and separate
Service must be established with CloudWyze for each such rental unit. If
Subscriber deploys a personal wireless network that is connected to the
Service, Subscriber must secure such network so as to prevent others from
accessing it. Subscriber may provide access to the wireless network to members
of the Subscriber’s household, visiting friends and family, and Subscriber’s
employees and agents, as applicable.

7. Monitoring. CloudWyze has no obligation
to monitor the Service, but may do so and may disclose information regarding
the use of the Service for any reason if CloudWyze, in its sole discretion,
believes that it is reasonable to do so, including but not limited to: satisfy
laws, regulations, or governmental or legal requests; operate the Service
properly; or protect itself and any other users of its products or Services.
Please see our Privacy Policy for more information what CloudWyze does do
information it obtains via its website. CloudWyze may immediately remove
Subscriber’s material or information from CloudWyze’s servers, in whole or in
part, which CloudWyze, in its sole and absolute discretion, determines to
infringe another’s property rights or to violate CloudWyze’s Acceptable Use
Policy.

8. Disclaimer of Warranties. THE SERVICE IS
PROVIDED AS-IS AND WITHOUT WARRANTY OF ANY KIND. CLOUDWYZE EXPRESSLY DISCLAIMS
ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NONINFRINGEMENT.
CLOUDWYZE DOES NOT WARRANT THAT THE SERVICES WILL MEET SUBSCRIBER’S
REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERUPTED OR
ERROR-FREE, OR FREE OF ANY VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, SPYWARE,
ADWARE, OR OTHER HARMFUL COMPONENTS, EVEN IF COUNTERMEASURES HAVE BEEN
DEPLOYED, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. CLOUDWYZE DOES NOT
WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE
OF THE SERVICES OR ANY RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS,
ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR
APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
CLOUDWYZE OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY
WAY INCREASE THE SCOPE OF THIS WARRANTY. SUBSCRIBER IS ENTIRELY RESPONSIBLE FOR
AND ASSUMES ALL RISK FOR THE USE OF THE SERVICE. SUBSCRIBER SHOULD NOT USE THE
SERVICE IN HIGH-RISK ACTIVITIES WHERE SUBSTANTIAL DAMAGE COULD RESULT IF AN
ERROR OCCURS. CLOUDWYZE DOES NOT WARRANT OR REPRESENT THAT IT’S SECURITY
PROCEDURES WILL PREVENT THE LOSS OF OR IMPROPER ACCESS TO SUBSCRIBER’S DATA,
FILES OR MATERIALS OR ANY PERSONAL INFORMATION OR NON-PERSONAL INFORMATION.
CLOUDWYZE IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY
OF INFORMATION CARRIED OVER OR THROUGH TELECOMMUNICATIONS LINES OR OTHER
TELECOMMUNICATIONS TECHNOLOGY.

9. Limitation of Liability. IN NO EVENT
SHALL CLOUDWYZE BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION. INDIRECT, SPECIAL,
PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSSES OF PROFITS, LOSS OF
GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS
OF BUSINESS INFORMATION) ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS
AGREEMENT OR THE SERVICES, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR
INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF CLOUDWYZE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR
OTHER REMEDY OF ITS ESSENTIAL PURPOSE. THE TOTAL LIABILITY OF CLOUDWYZE TO
SUBSCRIBER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES PAID
BY SUBSCRIBER TO CLOUDWYZE IN THE THREE (3) MONTHS PRIOR TO THE EVENT CAUSING
LIABILITY.

10. Uncensored Information. SUBSCRIBER
UNDERSTANDS THAT CONTENT AND MATERIALS ON THE INTERNET ARE CREATED AND
MAINTAINED BY THIRD PARTIES AND THAT PORTIONS OF SUCH MATERIALS MAY BE SEXUALLY
EXPLICIT, OBSCENE, OFFENSIVE, OR ILLEGAL. IN NO EVENT SHALL CLOUDWYZE BE LIABLE
TO ANY PERSON OR ENTITY, EITHER DIRECTLY OR INDIRECTLY, WITH RESPECT TO ANY
MATERIALS FROM THIRD PARTIES ACCESSED THROUGH THE SERVICES. SUBSCRIBER ASSUMES
TOTAL RESPONSIBILITY AND RISK FOR ITS USE OF THE SERVICES AND INTERNET
GENERALLY. CLOUDWYZE DISCLAIMS ANY AND ALL RESPONSIBILITY FOR CONTENT CONTAINED
IN ANY THIRD-PARTY MATERIAL ACCESSIBLE VIA THE SERVICE.

11. Subscriber Representation, Warranties and
Responsibilities.

a. Subscriber represents and warrants that the CloudWyze
Service and related equipment installed by CloudWyze shall be used only by
Subscriber’s immediate household living with Subscriber at the same Service
address, and their visitors.

b. If Subscriber is an individual, Subscriber represents and
warrants that he or she is at least the age of majority in his/her state of
residence and has legal authority to execute this Agreement. All Subscribers
represent and warrant that there are no legal, contractual or similar
restrictions on the installation of the CloudWyze equipment in the location(s)
and in the manner authorized by Subscriber and agree that Subscriber is
responsible for ensuring compliance with and payment of any fees, charges or fines
related to applicable building codes, zoning ordinances, homeowners’
association rules, covenants, conditions or other restrictions related to the
installation of the Service.

c. Subscribers represent and warrant that the Service and
CloudWyze equipment shall be used only by Subscriber and by members of
Subscriber’s immediate household living with Subscriber at the same Service
address, and their visitors.

d. Subscriber represents and warrants: (i) not to assign,
transfer, resell or sublicense Subscriber’s rights under this Agreement unless
specifically permitted by the terms of this Agreement; (ii) not to redistribute
or share the Service with any others or transmit the Service over a wireless or
other network that is not secured; and (iii) to be solely responsible and
liable for any and all breaches of the terms and conditions of this Agreement
and any other documents incorporated by reference in this Agreement, whether
such breach results from Subscriber’s use of the Service or by another using
Subscriber’s equipment or the CloudWyze equipment.

e. Subscriber represents and warrants that Subscriber will
not use the Service in a manner that: (i) infringes or violates the
intellectual property rights or proprietary rights, rights of publicity or
privacy, or other rights of any third party; (ii) violates any applicable
local, state or federal, or international statute, rule, ordinance or
regulation (collectively “Applicable Law”); (iii) is harmful, fraudulent,
deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, or otherwise objectionable; (iv) accesses, discloses, uses,
or disposes of any personal information (“Personal Information”) as defined in
CloudWyze’s Privacy Policy without proper authorization or impersonates any
person or entity, including without limitation, any employee or representative
of CloudWyze or its affiliates; or (v) transmits any virus, Trojan horse, worm,
time bomb, or other harmful computer code, file, or program.
Subscriber represents and warrants that: Subscriber remains solely responsible
for Subscriber’s use and any other persons’ use of the Service and any material
or content transmitted, downloaded or uploaded, through or via the Service.
Subscriber further represents and warrants that Subscriber possesses all rights
necessary to transmit such material or content, and that Subscriber
understands, acknowledges and agrees that Subscriber is also subject to
CloudWyze’s DMCA
Copyright Infringement Policy.

12. Exclusive Remedy. Subscriber’s sole
right and remedy for breach of this Agreement by CloudWyze if Subscriber is
dissatisfied for any reason with the Service is to terminate this Agreement as
provided for in Section 4.

13. Indemnity. Subscriber shall indemnify
and hold CloudWyze harmless against any and all liabilities, losses, damages,
judgments, claims, causes of action, and costs (including attorney fees and
disbursements) which CloudWyze may hereafter incur, suffer, or be required to
pay, defend, settle (subject to any limitations set forth in this Agreement),
or satisfy as a result of Subscriber’s use of the Service. CloudWyze reserves
the right, at its own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by Subscriber, in which event
Subscriber will cooperate with CloudWyze in asserting any available defenses.

14. No Breach or Default. In no event will
CloudWyze be liable or responsible to Subscriber, or be deemed to have
defaulted under or breached this Agreement, for any failure or delay in
fulfilling or performing any term of this Agreement, when and to the extent
such failure or delay is caused by any circumstances beyond CloudWyze’s
reasonable control (each, a “Force Majeure Event”), including, without
limitation, acts of God, flood, fire, earthquake or explosion, war, terrorism,
invasion, riot or other civil unrest, embargoes or blockades in effect on or
after the date of this Agreement, national or regional emergency, strikes,
labor stoppages or slowdowns or other industrial disturbances, passage of Law
or any action taken by a governmental or public authority, including imposing
an embargo, export or import restriction, quota or other restriction or
prohibition or any complete or partial government shutdown, or national or
regional shortage of adequate power or telecommunications or transportation.
Either party may terminate this Agreement if a Force Majeure Event continues
substantially uninterrupted for a period of 15 days or more.

15. General.

a. Governing Law & Submission to
Jurisdiction. This Agreement is governed by and construed in accordance
with the internal laws of the North Carolina without giving effect to any
choice or conflict of law provision or rule that would require or permit the
application of the laws of any other jurisdiction. Any legal suit, action or
proceeding arising out of or related to this Agreement shall be instituted
exclusively in the United States District Court for the Eastern District of
North Carolina with respect to federal claims or the courts of the North
Carolina in New Hanover County, and each party irrevocably submits to the
exclusive jurisdiction of such courts in any such suit, action or proceeding.
Service of process, summons, notice or other document by mail to such party’s
address set forth herein shall be effective service of process for any suit,
action or other proceeding brought in any such court.

b. Waiver of Jury Trial. Each party irrevocably
and unconditionally waives any right it may have to a trial by jury in respect
of any legal action arising out of or relating to this Agreement or the
transactions contemplated hereby.

c. Counterparts. This Agreement may be executed in
counterparts, each of which is deemed an original, but all of which together
are deemed to be one and the same agreement. A signed copy of this Agreement
delivered by facsimile, e-mail or other means of electronic transmission is
deemed to have the same legal effect as delivery of an original signed copy of
this Agreement.
d. Survival. Section 2 (Service Order; Payment), Section 3 (Software License),
Section 4(b) (Early Termination), Section 8 (Disclaimer of Warranties), Section
9 (Limitation of Liability), Section 13 (Indemnity); and Section 15 (General)
survive termination or expiration of this Agreement.

e. Consent to Contact. Subscriber expressly
authorizes, and specifically consents to allowing, CloudWyze and/or its
affiliates, outside collection agencies, outside counsel, or any other agents
acting by or on behalf of CloudWyze (collectively, the “CloudWyze Parties”) to
contact Subscriber with informational messages regarding Subscriber’s account,
including but not limited to contact in connection with any and all matters
relating to unpaid past due charges billed by CloudWyze to Subscriber.
Subscriber agrees that such contact may be made to any mailing address,
telephone number, cellular phone number, e-mail address, or any other
electronic address including a number for a cellular phone or other wireless
device or service (collectively, “Contact Information”) that Subscriber has
provided, or may in the future provide, to CloudWyze or any CloudWyze Party, or
which any CloudWyze Party otherwise identifies as Subscriber’s Contact
Information, and to any and all telephone numbers, wireless devices or electronic
addresses billed on Subscriber’s CloudWyze account. Subscriber expressly
consents and agrees that such contact may be made using, among other methods,
pre-recorded or artificial voice messages delivered by an automatic telephone
dialing system, text messages delivered by an automated system, pre-set e-mail
messages delivered by an automatic e-mailing system, or any other pre-set
electronic messages delivered by any other automatic electronic messaging
system, regardless of whether Subscriber incurs charges as a result. Subscriber
agrees to provide true, accurate, current and complete Contact Information to
CloudWyze and its authorized agents and to promptly update Subscriber’s Contact
Information to keep it true, accurate and complete.

f. Entire Agreement; Modification. This Agreement,
the Acceptable Use Policy, the Privacy Policy, and CloudWyze’s other user
policies posted on CloudWyze’s website (the “Service Documents”) constitute the
entire agreement between Subscriber and CloudWyze superseding any prior
agreement(s) between Subscriber and CloudWyze with respect to the subject
matter of this Agreement. CloudWyze may revise, amend, or modify any of the
Service Documents at any time and in any manner. Any revision, amendment, or
modification will be effective immediately after CloudWyze posts it at its
website. Subscriber also may be subject to additional terms and conditions that
may apply when Subscriber uses or purchases certain other CloudWyze or
affiliate services, third- party content, or third-party software. Subscriber’s
continued use of the Service constitutes Subscriber’s acceptance of and
agreement to be bound by such modifications.

g. No Waiver. The failure of CloudWyze to exercise or
enforce any right or provision of this Agreement will not constitute a waiver
of such right or provision. If any provision of this Agreement is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties’ intentions as
reflected in the provision, and the other provisions of this Agreement remain
in full force and effect.

h. Additional Terms. Subscriber agrees that: (i)
except as otherwise expressly provided in this Agreement, there shall be no
third-party beneficiaries to this Agreement; (ii) regardless of any statute of
laws to the contrary, any claim or cause of action arising out of or related to
use of the Service or this Agreement must be filled within one (1) year after
such claim or cause of action arose or be forever barred; (iii) CloudWyze can
assign all or part of CloudWyze rights or duties under this Agreement without
notifying Subscriber; (iv) Subscriber may not assign this Agreement or the
Services; (v) if any part of this Agreement is found invalid, the rest of the
Agreement will remain valid and enforceable; and (vi) the section titles and
paragraph headings in this Agreement are for convenience only and have no legal
or contractual effect.

16. Acceptance. By subscribing for this
Service online, Subscriber has agreed that the Service will be subject to the
terms and conditions of this Agreement and has agreed to be bound hereby.

17. Various Fees: Additional fees for our
Service may apply and will be provided upon request from CloudWyze.