INX OPEN INTERNET STATEMENT

INX provides Internet access services to nearly 500 residential and commercial business customers across the State of Ohio. The purpose of this disclosure is to provide information regarding the network management practices, the performance characteristics, and the commercial terms of our broadband Internet services to enable you to make informed choices regarding the purchase and use of our services, in accordance with the open Internet policies and rules of the Federal Communications Commission. This document is intended to be informational and does not replace or alter the legal terms and conditions of our service, which are found in our Service Terms and Conditions Agreement.

1. PRICING OPTIONS

INX has multiple levels of Internet service available. Additional fees, such as an equipment rental fee, installation charges, and other applicable taxes may apply. For information on current pricing and promotions for a specific area, please visit our pricing page http://www.inxwireless.com The pricing and terms of our Internet services are subject to change and the information provided in this statement does not supersede or modify any of the terms and conditions of service as applicable to a particular customer. Specific pricing will be contained in the Customer’s “Confirmation of Sale” (“COS”).

2. EQUIPMENT AND REQUIREMENTS FOR PROVISION OF THE SERVICE

1. Customer Equipment. To use the Service, Customer must have a personal computer(s) or other similar device(s) and other equipment necessary to connect to the Service meeting INX’s most recent “Minimum Customer Equipment Specifications,” which are defined on the INX Website and may be modified from time to time by INX. The Minimum Customer Equipment Specifications may change over time, and INX may make reasonable efforts to support previously acceptable configurations; however, you understand, acknowledge and agree that INX is not obligated to continue to provide such support. Although INX is under no obligation to do so, INX may, and Customer authorizes INX to, perform any updates and/or changes to Customer’s equipment, on-site or remotely, from time to time as INX deems necessary, in INX’s sole discretion. Customer will direct any questions concerning third-party hardware or software to the manufacturer. INX has no responsibility for the operation or support, maintenance or repair of any equipment, software or services that Customer elects to use in connection with the Services, nor is INX responsible for any damage that INX Equipment or Service may or will cause to Customer’s own equipment. Customer is not permitted to connect any harmful equipment to the INX Equipment. Customer understands that failure to comply with this restriction may cause damage to INX’s network and subject Customer to liability for damages and/or other liability. Customer agrees to not service, alter, modify or tamper with the INX 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 INX.

2. INX Equipment. Customer acknowledges that at the time of installation of the Service, the equipment listed on the COS was installed (the “INX Equipment”). Customer further acknowledges that the INX Equipment may, at INX’s sole discretion, be refurbished or otherwise used equipment. Customer agrees that the INX Equipment was installed at a location and in a manner authorized by Customer. The INX Equipment is and shall remain the property of INX, and Customer shall acquire no interest therein by virtue of the payments provided for herein or the attachment of any portion of the INX Equipment to the Customer’s premises or otherwise. Customer and INX expressly understand, acknowledge and agree that the INX Equipment is not and shall not be considered a fixture to Customer’s premises.

3. Equipment Rental Fee for Internet Access Service. Customer will be subject to an “Equipment Rental Fee” under the terms set forth in the COS, unless Customer provides his/her own equipment or alternatively purchases equipment from INX outright. The Equipment Rental Fee will be provided to the Customer under the terms set forth in the COS. At such time as Customer or INX terminate the Service, Customer will return the INX Equipment to INX within thirty (30) calendar days in the same condition it was received (ordinary wear and tear excepted), and in accordance with INX’s then-current return procedures. In the event that Customer has not returned the INX Equipment within thirty (30) calendar days as set forth in the previous sentence, or in the event that the INX Equipment is damaged, destroyed, lost or stolen in Customer’s possession or otherwise inoperable, Customer understands, acknowledges, and agrees to pay each applicable “Equipment Purchase Price” listed in the COS without any deduction or depreciation, wear and tear or physical condition of such INX Equipment. INX Equipment for Internet Access Service includes but is not limited to wireless router(s); modem(s), CPE, wired Ethernet hardware, point-to-point links, internal wiring and/or Software.

3. PERFORMANCE – INDIVIDUAL EXPERIENCE MAY VARY

1. INX offers a range of download speeds to residential subscribers varying from 2 mbps to 10 mbps (megabits per second). The network is designed to support these speeds to help ensure that every subscriber receives the speeds to which they have subscribed. INX however cannot guarantee speeds at all times, as there are many factors and conditions that can affect Internet performance. Some of these factors and conditions are:

1. Periods of congestion that exceed the ability of the network to maintain speed and latency performance.

2. Distance that the Customer Premise Equipment is located from an INX transmission point.

3. An increase in the number of users receiving Service from an INX access point.

4. Topography, including line-of-sight obstacles between the Customer Premise Equipment and the INX transmission point.

5. Performance of Customer’s computer and/or router.

6. Type of connection to INX Customer Premise Equipment (i.e., WIFI).

7. Congestion of websites and services on Internet.

8. Website or service limiting speeds on the Internet.

9. Internet performance outside of the INX Network, including fiber cuts to facilities owned by third party bandwidth providers.

2. INX Internet Access Service plans are advertised as “up to” certain speeds reflecting performance under ideal conditions. Without purchasing an expensive “dedicated” Internet connection such as INX’s premium Dedicated Internet Access Service, no Internet Service Provider can guarantee package speeds at all times.

4. NETWORK MANAGEMENT & SECURITY

1. INX does not block any lawful content, applications, services, or your use of non-harmful devices, or discriminate in transmitting lawful network traffic except as reasonably necessary to manage our network effectively for the benefit of our subscribers as described below. All lawful Internet use is handled identically. INX does not slow, throttle or shape one type of use over another. INX reserves the right, in accordance with applicable law, to employ reasonable network practices to prevent certain harmful or illegal activity.

2. INX uses a variety of tools and techniques order to efficiently and reasonably manage the safety of its networks and to ensure compliance with INX’s Open Internet Policy and its Service Terms and Conditions Agreement (such tools and techniques, “Network Management Tools”). These may include detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, preventing the delivery of spam to subscriber email accounts, or any such other Network Management Tools as INX may from time to time determine appropriate.

3. Because the nature of external threats to the INX Network is constantly evolving, INX network security practices necessarily are dynamic and regularly changing. In general, these security practices should not have any effect on a Customer’s lawful use of INX’s Internet Access Service.