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Computers For Children, Inc.
General Terms and Conditions of Service

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Computers For Children, Inc.

GENERAL TERMS AND CONDITIONS OF SERVICE

This agreement (the “Agreement”) is between you and Computers For Children, Inc. and its affiliates and service providers (“CFC Inc.”). This Agreement governs the provision of equipment and broadband Internet services (the “Services”) by CFC Inc. to you. You must accept these terms and conditions if you wish to use the Services. If you do not agree to these terms and conditions, you may not use the Services. This Agreement may be updated from time to time by CFC Inc. without notice to you. The most current version of this Agreement can be found by visiting the CFC Inc. website, or you can request a copy from CFC Inc.. Your continued use of the Services shall constitute your acceptance of any updates to this Agreement after the posting of such updated terms. You are solely responsible for the activity that occurs on your Internet account, so you must keep all Service-related passwords secure.

THIS AGREEMENT CONTAINS (1) A BINDING ARBITRATION PROVISION, WHICH INCLUDES A WAIVER OF YOUR RIGHT TO BRING CLAIMS AS CLASS ACTIONS; AND (2) A LIMITATION ON YOUR RIGHT TO BRING CLAIMS AGAINST CFC INC. MORE THAN 1 YEAR AFTER THE RELEVANT EVENTS OCCURRED.

Internet access is provided to you through Crown Castle International Corp. (“Crown Castle”). By using the Services, you agree to the Crown Castle Terms of Use, Privacy Statement, and Customer Acceptable Use Policy, which are available for review at crowncastle.com, and which are hereby incorporated by reference into this Agreement.

1. Services Overview: CFC Inc. is committed to offering you free broadband Internet services through at least August 31, 2022. Through a future Agreement, CFC Inc. may require a small payment to help cover the ongoing costs of the Services. Information on the provision of Services beyond August 31, 2022 will be communicated to you. CFC Inc. will work with service providers and digital stewards to help you with the installation of equipment and training on the use of the CFC Inc. broadband network.

2. CFC Inc. Property: CFC Inc. will provide you with certain customer-premises equipment (“CPE”), such as a modem and WiFi router, that will enable you to connect to the CFC Inc. internet network. All CPE is provided to you for the sole purpose of accessing the Services. All CPE is and will remain the property of CFC Inc., except for any "cable home wiring" as defined at 47 C.F.R. §76.5(ll) ("Wiring"). CPE and Wiring installed at your Service location are intended to remain at the specific Service location and must not be used or relocated off such premises without CFC Inc. authorization. CFC Inc. will use reasonable efforts to replace any CPE at no cost to you in the event that it is defective in the normal use of the Service. However, a service charge may be imposed upon the dispatch of a technician if there is damage to CPE due to negligent use or abuse, or if no fault is discovered in the CPE. CFC Inc. makes no warranties with respect to the CPE or with respect to the compatibility of the Service with any of your equipment.

Improper use or handling of the CPE, or in the event that the CPE is lost or stolen, may result a charge to you for its replacement, including but not limited to equipment costs and labor costs, as determined in CFC Inc.’s sole discretion. CFC Inc. also reserves the right to ask you to return any CPE upon substitution of use or termination of Service, else CFC Inc. may charge you for such CPE. Any CPE-related charges shall be due immediately upon invoice by CFC Inc. to you.

Access to any CFC Inc. Service configuration interfaces, including without limitation web based and command-line configuration of CPE, is strictly prohibited except when performed by an agent of CFC Inc.. Any other entity that accesses the configuration of your CPE may require that the CPE be re-provisioned by a CFC Inc. technician at your expense, and any unauthorized access to such configuration interfaces may be grounds for immediate termination of the Services, as determined in CFC Inc.’s sole discretion.

3. Provision of Services: All Services and CPE are provided on an "AS IS" and "AS AVAILABLE" basis. In no event shall CFC Inc. be liable for any failure or interruption of Service, in part or entirely from circumstances beyond CFC Inc.'s reasonable control, including, but not limited to, strike, labor trouble, governmental rule, regulations, ordinance, statute or interpretation, or by acts of nature, fire, earthquake, civil commotion, or failure or disruption of utility services.

4. Subscriber Property: CFC Inc. assumes no responsibility and shall have no responsibility for the condition or repair of any of your equipment or software that you provide for use with the Services. Notwithstanding anything to the contrary in this Agreement, you agree to allow CFC Inc. and its agents the right (a) to install hardware in, (b) send software downloads to, and (c) install, access, configure, maintain, inspect or upgrade your equipment to the extent necessary to provide Service. You warrant that you are either the owner of such equipment or that you have the authority to give CFC Inc. access to it.

5. Care of CFC Inc. Property and Service: You agree that neither you nor any other person (except CFC Inc.'s authorized personnel) will: (a) open, tamper with, service, or make any alterations to the CPE or Wiring; nor (b) remove or relocate any CPE or Wiring from the service address of initial installation. Any alteration, tampering, removal, or the use of CPE or Wiring which permits the receipt of Services without authorization or the receipt of Services to an

unauthorized number of outlets, or to unauthorized locations, constitutes theft of Service and is prohibited. Notwithstanding the foregoing, upon receipt of a request by you, CFC Inc. may agree to relocate the CPE for you within your home at a time mutually agreed to by you and CFC Inc.. You may incur a charge for such relocation, and you should consult a current CFC Inc. schedule of rates and charges prior to requesting such relocation. If you move residences, you are required to notify CFC Inc. at least thirty (30) days in advance of moving.

6. Access to Subscriber Premises: You authorize CFC Inc. and its employees, agents, contractors, and representatives to access and otherwise enter your premises to install, inspect, maintain, and/or repair the CPE or Wiring and, upon the termination of Service, to remove the CPE from your premises. CFC Inc.'s failure to remove its CPE shall not be deemed abandonment thereof. If the installation or maintenance of Service is requested at a premises that, in CFC Inc.'s sole discretion, is or may become hazardous or dangerous to its agents, the public or property, CFC Inc. may refuse to install and maintain Service at such premises.

7. Equipment Removal from Premises: Any outdoor CPE that is physically mounted to your premises via screws, bolts, or other semi-permanent means may only be removed by CFC Inc.. If such removal is at your request, CFC Inc. may charge a fee for such removal. Repair/remediation of any and all holes in your premises due to the mounting or operation of CPE is not included as part of the Service and is your responsibility.

8. Service Communications: CFC Inc. may contact you for Service-related matters via phone, e-mail, and/or by mail to the Service address. Upon CFC Inc.'s request, you agree to provide CFC Inc. with a current e-mail address that you regularly check so that CFC Inc. may provide you with Service-related notices and communications at that e-mail address.

9. Secure Connection Requirements. Without abrogating or otherwise limiting your separate obligations to secure your Service account and CPE under this Agreement, CFC Inc. shall have the right to implement reasonable measures necessary to track, manage, and/or ensure the security of its network facilities, the video, phone, and/or Internet signals CFC Inc. transmits or receives, and the connection between any device or application used by you, members of your household, your guests, or any third parties and CFC Inc.'s CPE, system, or other network facilities (whether by physical equpiment, WiFi, wireless, software, or other means of connection), including without limitation authentication, access security, or other processes and means.

Without limiting any other rights CFC Inc. may have under this Agreement, CFC Inc. shall have the right to suspend, freeze, or otherwise cease Service or network access in the event and to the extent necessary to address any network or security concern that may arise with regard to activity on or through, conditions arising from or caused by the use, availability of, or access enabled at or through your Service, Service location, CPE, or Service account.

10. Assignment or Transfer: This Agreement and the Services and/or CPE supplied by CFC Inc. are not assignable or otherwise transferable by you, without specific written authorization from CFC Inc.. CFC Inc. may assign this Agreement, its rights and/or responsibilities upon written notice to you.

11. Termination and Expiration:
a. Termination by you: Unless otherwise terminated as set forth herein, this Agreement shall be effective once signed by you or upon your first use of the Services, and shall automatically renew on a month-to-month basis. You acknowledge that upon such renewal all pricing is subject to change, provided that CFC Inc. will provide advance

notice to you of any price changes. To terminate any Service or this Agreement, you must call 716-823-7248, or provide a hardcopy written notice of termination to CFC Inc. delivered to 701 Seneca Street, Suite 601, Buffalo, NY 14210-1359, and in any event, any such requested termination shall not be effective before the date CFC Inc. receives such request.

b. Termination for Bankruptcy: CFC Inc. shall have the right to terminate this Agreement immediately in the event that you make an assignment for the benefit of creditors, file for protection under bankruptcy or insolvency laws, or have any such petition filed against you which is not discharged within sixty (60) days of the filing thereof.

c. Termination for Breach: In the event of any breach of this Agreement by you, your failure to abide by the rates, rules, and/or regulations of CFC Inc., your failure to provide and maintain accurate Service account information, or any illegal activity by anyone using any Service under your account, this Agreement may, at CFC Inc.'s option, be immediately terminated and the CPE removed. Failure of CFC Inc. to remove such CPE shall not be deemed abandonment thereof. You shall pay reasonable collection and/or attorney's fees to CFC Inc. in the event that CFC Inc. shall, in its discretion, find it necessary to enforce collection or to preserve and protect its rights under this Agreement. CFC Inc. may terminate this Agreement or CFC Inc. may reject an application or block access to or use of any component of any Service for any reason including, but not limited to, if:

i. you violate this Agreement as to this or another Service account;
ii. the information required in the Service application process is or becomes incorrect, absent or incomplete;
iii. you threaten or harass any CFC Inc. employee, agent, contractor or representative (e.g., by abusive language, physical threats, etc.);
iv. your credit card issuer refuses a charge or any other payment method fails to compensate CFC Inc.;
v. there is a violation of this Agreement or other agreements with respect to any Service, as determined in the sole discretion of CFC Inc.; or
vi. the amount of technical support required to be provided to you is excessive, as determined in the sole discretion of CFC Inc..

d. Obligations Upon Termination: You agree that upon termination of this Agreement, you will promptly return (or permit the recovery of) all CPE to CFC Inc.. In the event that you fail to return (or permit the recovery of) any CPE within ten (10) days of the termination of this Agreement, you shall be liable to CFC Inc. in accordance with CFC Inc.'s then current schedule of charges for non-returned CPE.

e. Renewal after Cancellation or Termination: You acknowledge and agree that in the event of renewal after cancellation or termination of a Service, you shall be subject to the pricing, warranties, and terms as are effective at the time of such renewal.

12. Compliance with Law: All Services and the terms of this Agreement are subject to change at any time in accordance with applicable law.

13. Disclaimer: CFC Inc. assumes no liability for any program, services, content or information distributed on or through the Services, and CFC Inc. expressly disclaims any responsibility or liability for your use thereof. Further, CFC Inc. shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of the Services.

14. CFC Inc.'s Reservation of Rights: CFC Inc. reserves the right to refuse, suspend or terminate Service to any person at any time for any reason not prohibited by law. When practical, CFC Inc. will provide notice to you that is reasonable under the circumstances before suspending or terminating Service, and CFC Inc. will provide any prior notice of suspension or termination that is required by law.

15. Indemnification: In requesting and accepting the Services, you agree to defend, indemnify, and hold CFC Inc., including its officers, directors, employees, affiliates, subsidiaries, and authorized agents (individually and collectively, "CFC Inc. Indemnitees") harmless from and against any and all demands, claims, suits, judgments, expenses (including without limitation reasonable attorney or witness fees), loss, damages to, or destruction of personal, real, or intellectual property, bodily injury or death of any person, and other liabilities arising from:

a. The installation, operation, provision, or other use of the Services and/or CPE;
b. Any violation of this Agreement, the Crown Castle Acceptable Use Policy, or other applicable policies or requirements;
c. The negligence, willful misconduct, violation of a third party's rights, or failure to comply with applicable law by (i) you, (ii) members of your household, (iii) your guests, or (iv) any other person using the Services provided to you;
d. Libel or slander resulting from any use of the Services by (i) you, (ii) members of your household, (iii) your guests, or (iv) any other person using the Services provided to you;
e. Infringement or misappropriation of any patent, copyright, trademark, trade name, service mark, trade secret, or other intellectual property rights (whether by transmission or material or otherwise) by (i) you, (ii) members of your household, (iii) your guests, or (iv) any other person using the Services provided to you, including that effected through a combination of your use of the respective Service(s) with facilities, equipment, or services provided or used by you or obtained from third parties; and/or
f. Any unauthorized, unlawful, or fraudulent use of or access to the Services, except as otherwise provided by applicable law.

The foregoing defense and indemnity obligations exclude damages to the extent caused by the gross negligence or willful misconduct of the CFC Inc. Indemnitees. You agree that the CFC Inc. indemnitees are not liable for any damages or liability resulting from the loss of Services, nor will you make any claims or undertake any actions against any of the CFC Inc. Indemnitees for loss of Service. You shall be solely responsible for any damage to or loss of CPE, unless such damage or loss is caused solely by the negligence or willful misconduct of the CFC Inc. Indemnitees.

16. LIMITATION OF LIABILITY: THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION APPLIES TO ANY ACTS, OMISSIONS AND NEGLIGENCE OF CFC INC. AND ITS THIRD-PARTY SERVICE PROVIDERS, AGENTS AND SUPPLIERS (AND EACH OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES).

UNDER NO CIRCUMSTANCES SHALL CFC INC. BE LIABLE TO YOU FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH, INCLUDING ANY ACTS OR OMISSIONS BY THIRD-PARTY SERVICE PROVIDERS OR ANY MANUFACTURER OF CPE, AGENTS OR SUBCONTRACTORS OF CFC INC., OR RELATING TO ANY SERVICES OR CPE FURNISHED, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY,

CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF THE CAUSES OF SUCH LOSS OR DAMAGES OR WHETHER ANY OTHER REMEDY PROVIDED HEREIN FAILS. CFC INC.’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES OR ANY BREACH BY CFC INC. OF ANY OBLIGATION CFC INC. MAY HAVE UNDER THIS AGREEMENT OR APPLICABLE LAW, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE OR TO OBTAIN THE REPLACEMENT OR REPAIR OF ANY DEFECTIVE CPE PROVIDED BY CFC INC.. IN NO EVENT SHALL CFC INC.'S LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PROVISION OF SERVICES EXCEED THE AMOUNT PAID BY YOU (IF ANY) DURING THE PRECEDING THIRTY (30) DAY PERIOD OF THE EVENT GIVING RISE TO SUCH CLAIM. YOU ALSO AGREE THAT YOU SHALL NOT BE PERMITTED TO BRING ANY CLAIM WHATSOEVER AGAINST CFC INC. THAT RESULTS, IN WHOLE OR IN PART, FROM YOUR FAILURE TO COMPLY WITH THIS AGREEMENT.

THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

17. Privacy Policy. You assume sole responsibility for all privacy, security and other risks associated with providing any personally identifiable or otherwise sensitive information to third parties via the Service. To the extent that CFC Inc. is expressly required to do so by applicable law, CFC Inc. will provide notice to you of a breach of security. You agree that CFC Inc. may collect and disclose information concerning you and your use of the Service in the manner and for the purposes set forth herein and in CFC Inc.'s privacy policy. A copy of the CFC Inc. privacy policy is posted to the CFC Inc. website.

18. ARBITRATION. The following provisions are important with respect to the agreement between you and CFC Inc. regarding CFC Inc.'s Services memorialized by this Agreement.

PLEASE READ THEM CAREFULLY TO ENSURE THAT YOU UNDERSTANDS EACH PROVISION. This Agreement requires the use of arbitration to resolve disputes and otherwise limits the remedies available to you in the event of a dispute.

Subject to the "Exclusions" paragraph below, you and CFC Inc. agree to arbitrate disputes and claims arising out of or relating to this Agreement, the Services, the CPE, or marketing of the Services you have received from CFC Inc..

A party who intends to seek arbitration must first send to the other a written notice of intent to arbitrate, entitled "Notice of Intent to Arbitrate" ("Notice"). The Notice to CFC Inc. should be addressed to: Mission: Ignite Powered by Computers For Children, Inc., 701 Seneca Street, Suite 601, Buffalo, NY 14210-1359 ("Arbitration Notice Address"). The Notice must: (1) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If the parties do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or CFC Inc. may commence an arbitration proceeding, in which all issues are for the arbitrator to decide (including the scope of the arbitration clause), but the arbitrator shall be bound by the terms of this Agreement.

The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and the arbitration shall be administered by the AAA. The AAA Rules and fee information is available at "www.adr.org," by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address. EACH PARTY SHALL BEAR ITS OWN COSTS OF ANY ARBITRATION FILING FEES AND

ARBITRATOR'S FEES FOR CLAIMS. YOU ARE RESPONSIBLE FOR ALL COSTS THAT YOU INCUR IN THE ARBITRATION INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES OR EXPERT WITNESS COSTS UNLESS OTHERWISE REQUIRED OF CFC INC. UNDER APPLICABLE LAW.

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CFC INC. ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY.

YOU AND CFC INC. AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Unless you and CFC Inc. agree otherwise in writing, all hearings conducted as part of the arbitration shall take place in the County of Erie. The arbitrator may award injunctive relief only in favor of the party seeking relief, only to the extent sought, and only to the extent necessary to provide the specific relief warranted by such individual's claim. The parties agree that the arbitrator must give effect to the terms of this Agreement. Furthermore, unless both you and CFC Inc. agree otherwise in writing, the arbitrator may not consolidate proceedings or more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Severability. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT SOME OR ALL OF THESE ARBITRATION PROVISIONS IS DETERMINED TO BE UNENFORCEABLE FOR ANY REASON, OR IF A CLAIM IS BROUGHT THAT IS FOUND BY A COURT TO BE EXCLUDED FROM THE SCOPE OF THESE ARBITRATION PROVISIONS, BOTH PARTIES AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY.

EXCLUSIONS. YOU AND CFC INC. AGREE THAT THE FOLLOWING CLAIMS OR DISPUTES SHALL NOT BE SUBJECT TO ARBITRATION:

a. ANY DISPUTE OVER THE VALIDITY OF ANY PARTY'S INTELLECTUAL PROPERTY RIGHTS.
b. ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE.

The foregoing arbitration provisions shall survive the termination of this Agreement. YOU HAVE ONE YEAR TO BRING A CLAIM AGAINST CFC INC.. You must bring any claim against CFC Inc. within one (1) year after the date on which the claim arose, unless applicable law provides that the normal statute of limitations for that claim may not be shortened by agreement. If you do not bring a claim within this period, you waive, to the fullest extent permitted by law, all rights you have to such claim and CFC Inc. will have no liability with respect to such claim.

This Section shall survive the termination of this Agreement.

19. Force Majeure: CFC Inc. shall not be liable for any failure of performance or equipment of any kind (including CPE) due to causes beyond its control, including but not limited to: acts of God, fire, flood, or other catastrophes; loss of electrical power; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state

and local governments having or claiming jurisdiction over CFC Inc., or of any department, agency, commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or of any civil or military authority; national emergencies; pandemics; insurrection; riots, wars; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties.

20. Survival of Terms. In addition to the terms that are specifically noted in this Agreement as surviving termination, all representations, warranties, indemnifications, and limitations of liability shall survive this Agreement. All other obligations of you and CFC Inc. under this Agreement also survive termination if they relate to the period before termination or, if by their terms, they would be expected to survive such termination.

21. Entire Agreement: This Agreement (including any additional terms incorporated herein by reference) constitutes the entire agreement between you and CFC Inc.. No undertaking, representation or warranty made by an agent or representative of CFC Inc. in connection with the sale, installation, maintenance or removal of CFC Inc.'s Services or CPE shall be binding on CFC Inc. except as expressly included herein. You agree that, if any portion of this Agreement is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and if severed or rendered null and void thereby, the remaining portions will remain in full force and effect. If CFC Inc. fails to insist upon or enforce strict performance of any provision of this Agreement, it does not thereby waive any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

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