All activity online is about transferring data. A web page is in essence a file, and when you visit a web page you are downloading that file, and everything included on the page, such as the pictures. You may also send/receive email, download files from the web, stream video, play games, or upload files.

Transferring data uses up network bandwidth, the same network bandwidth that all users in your area utilize to access the internet.

So if one user in your area utilizes 1000 times the bandwidth that everyone else does, any change this causes in network performance will affect all users on that network.

When a network’s usage is unbalanced, such as when a small percentage of the people on the network use a large percentage of the network’s bandwidth, then it takes additional resources to manage that network and to make sure that all users on the network can access the internet according to their service level.

By allocating bandwidth to each internet service account, and assessing a nominal fee for usage beyond that amount, we can optimize our resources accordingly.

By accessing the Mt. Baker Cable web site, you agree to be bound by the Terms and Conditions below. If you do not wish to be bound by these Terms and Conditions, you may not access or use the Mt. Baker Cable web site.

We may change these Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the web site. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the web site, including, but not limited to, content, features or hours of availability. By using the website following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.

Mt. Baker Cable, LLC reserves the right to change information regarding the products or services represented in this web site at any time. Mt. Baker Cable, LLC reserves the right to discontinue use of the web site at any time, with or without notice.

Mt. Baker Cable, LLC has attempted to provide current and accurate information on this website, however, Mt. Baker Cable, LLC makes no representation or warranty about any information provided and all such information is provided “as is” without any warranty of any kind, either express or implied. Wave Broadband makes no warranties or representations, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Mt. Baker Cable, LLC expressly disclaims all liability as to any technical inaccuracies, typographical errors or other errors and omissions contained on this web site. You hereby assume all risk of accessing and/or relying on the information on this web site.

You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by web sites to which you may link from the site (“linked sites”). Links to linked sites are provided as a convenience to you, and do not constitute an endorsement by or association with Mt. Baker Cable, LLC of such sites or the content, products, advertising or other materials presented on such sites. Mt. Baker Cable, LLC does not author, edit, or monitor these linked sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such linked sites.

You agree to defend, indemnify and hold Mt. Baker Cable, LLC and its affiliate and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these terms.

Mt. Baker Cable, LLC offers multiple packages of High Speed Data (HSD) Service with varying speeds, features and bandwidth usage limitations (not all packages are available in all areas).

In addition to complying with the limitations for specific features, you must ensure that your activities do not improperly restrict, inhibit, or degrade any other user’s use of the HSD Service, nor represent (in Mt. Baker Cable LLC’s sole judgment) an unusually great burden on our network itself. By way of example, common activities that may cause excessive bandwidth consumption in violation of our terms of use include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol, (ii) peer-to-peer applications, and (iii) newsgroups. In addition, you must ensure that your use does not improperly restrict, inhibit, disrupt, degrade or impede Mt. Baker Cable, LLC’s ability to deliver the Service and monitor the HSD Service. Your use of excessive bandwidth as determined by Mt. Baker Cable, LLC, may result in the termination or suspension of your HSD Service, or require you to upgrade the HSD Service and/or pay additional fees if you wish to continue to use the HSD Service at higher bandwidth consumption levels.

You understand and agree that the actual throughput rate you may experience at any time will vary based on numerous factors, such as the condition of wiring at your location, computer configurations, Internet and network congestion and management, the time of day at which the HSD Service is used, and the website servers you access, among other factors.

Each tier of HSD Service includes an allotment of bandwidth consumption (downstream or downloading and upstream or uploading are aggregated for purposes of determining your

consumption) that you may use during each calendar month at no additional charge. You agree that you will pay for additional bandwidth consumed beyond that allotment at the rates posted atwww.mtbakercable.com. Unused bandwidth from your allotment expires

at the end of your billing cycle and does not carry over to subsequent billing cycles.

You agree Mt. Baker Cable, LLC may change these and other applicable limits or terms of any tiers by amending the prices, aspects and features of the HSD Service set forth at

www.mtbakercable.com at any time and from time to time. Your continued use of the HSD Service will constitute acceptance of any new and revised limits and terms.

It is your responsibility to monitor and manage your bandwidth usage, which you may check using the online usage monitor available after logging into your account at https://myaccount.com/.