SERVICE AGREEMENT

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY INSTALLING, ACTIVATING OR USING CINERGY COMMUNICATIONS BROADBAND VOICE SERVICES AND/OR RELATED EQUIPMENT YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND SPECIFICALLY ACKNOWLEDGE THE LIMITATIONS OF SERVICE AND OTHER RESTRICTIONS SPECIFICALLY PROVIDED IN SECTIONS 4, 5, 6 AND 8. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY AGREEMENT SIGNED BY YOU.

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THE BROADBAND DIGITAL TELEPHONE SERVICE AND RETURN THE EQUIPMENT TO US PURSUANT TO SECTION 6 OF THESE TERMS AND CONDITIONS.

Cinergy Communications, a Division of Norlight, Inc. (hereafter “Company”, “we”, “our” or “us”) and customer (hereafter “Customer”, “you” or “your”) enter into this agreement whereby we will provide you with voice over broadband and related services (“Services”) and you agree to pay our current fees and rates for the Services (“Agreement”). We may change our fees and rates for the Services, from time to time, with notice to you. We may also change the terms and conditions of this Agreement at any time. We will post such changes on our website and your continued use of the Services shall act as your acceptance of any such changes.

1. Term and Termination. Unless you have chosen a service package with a month-to-month term, your term of service is 1 year commencing 7 days after your installation package is shipped (“Term”). Upon the expiration of the Term, the Agreement will automatically continue under a month-to-month term. If you are in a month-to-month term, you may terminate this Agreement at any time with at least 30 days prior notice to us. If you are a customer with a Term commitment and you terminate your Agreement prior to the expiration of the Term, you will be billed a $100.00 termination fee as liquidated damages for your termination.

2. Billing and Payment. With the exception of any usage based charges, you will be billed monthly in advance for the Services. You agree to pay all charges stated in your bill, including any taxes or surcharges, by the due date. If you do not pay your bill in full by the due date, you may incur a late payment fee of $25.00 or the highest late payment fee allowed by law. The unpaid portion of your bill will also incur interest, from the due date until paid, at 3.0% per month or the highest rate allowed by law. We may also discontinue the Services until payment is received. In the event that we disconnect your Services for nonpayment, you may be required to pay a reconnection fee. If we incur expenses collecting any past due amount from you, you agree to pay our expenses including, but not limited to, court costs, service fees, collection fees, and attorneys’ fees.

3. Equipment. As part of your installation package, we have sent you an adaptor device (“Equipment”) which will allow you to receive the Services. This Equipment is yours to keep. We have enclosed directions to help you install the Equipment. If the Equipment is damaged when you receive it, so long as you notify us within 72 hours of your receipt of the Equipment and send us the damaged Equipment, we will send you replacement Equipment free of charge. We have provided you with the manufacturer’s warranty for the Equipment and instructions on how to make a warranty claim. This is your sole and exclusive warranty regarding the Equipment. Other than as stated above, we will not replace the Equipment for any reason, including but not limited to theft, loss or damage. To avoid being charged for unauthorized use of your Services, you must report the theft or loss of your Equipment within 24 hours of learning of such theft or loss.

4. Limitations of Use. The Services are meant to be used for residential and small business use in conformance with all applicable laws. You may not use the Services for any of the following: (i) autodialing or continuous or excessive call forwarding; (ii) fax broadcast or fax blasting; (iii) telemarketing including, without limitation, polling, political solicitation, or charitable solicitation; (iv) unlawful activities; (v) abusive conduct including, without limitation, threatening, harassing or fraudulent behavior; or (vi) any purpose that threatens the safety, security or use of our network or our business including, but not limited to, excessive usage. You may not resell the Services or Equipment. If we suspect, in our sole and reasonable discretion, that you are using the Services for a prohibited or unlawful purpose, we may immediately suspend your Services without notice or any liability to you for service interruption. In such case, you consent to us providing information about your identity and your use of the Services to the proper legal authorities for investigation and prosecution. You also agree that we may forward information about you and your use of the Services in response to law enforcement requests, subpoenas, court orders or similar requests when we reasonably determine that the disclosure of such information is appropriate and warranted under the circumstances.

5. Other Limitations of Service. Our Services provide a cost effective alternative to traditional phone service. It is important for you to understand, however, that our Services are not the same as traditional phone service in all respects. The quality of our Services may be affected by a variety of factors outside of our control, including the availability and speed of your broadband connection. You may not make or receive collect calls or 1-900 calls using the Services. If you move or change the location of your home or business, or move your Equipment to a new location, we may not be able to continue to provide the Services to you at your new location. The Services are not compatible with most home security monitoring or alarm systems or other devices which may utilize analog modems for data transfer. You cannot use our Services to send or receive traditional faxes.

6. Service Level Guarantee. Upon shipment of our installation package, you have 7 days to test the Services. If you are not satisfied with the Services for any reason or are unable to deploy the Services at your home or business, you may terminate this Agreement by notifying our Customer Service Department and returning the Equipment to us. If we do not receive the Equipment within thirty (30) days of receiving your notification of termination, you will be charged for the Equipment.

7. E-911 LIMITATIONS. ALTHOUGH E-911 SERVICE IS AVAILABLE UTILIZING THE SERVICES, THERE ARE SOME IMPORTANT LIMITATIONS TO THIS ACCESS. YOU UNDERSTAND THAT YOUR ABILITY TO USE THE SERVICES TO MAKE E-911 CALLS MAY BE IMPAIRED OR BLOCKED FOR A VARIETY OF REASONS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (I) A POWER OUTAGE; (II) A NETWORK OUTAGE OR SLOWDOWN; (III) FAILURE TO PROPERLY RESET THE EQUIPMENT AFTER AN OUTAGE;(IV) DISCONNECTION OR SUSPENSION OF THE SERVICES PURSUANT TO THE TERMS OF THIS AGREEMENT; (V) IMPROPER INSTALLATION OF THE EQUIPMENT; (VI) DAMAGE TO OR DESTRUCTION OF THE EQUIPMENT; (VII) MOVING THE EQUIPMENT TO A NEW ADDRESS OR LOCATION; OR (VIII) PROBLEMS WITH YOUR BROADBAND CONNECTION. YOU ACKNOWLEDGE THAT YOU ARE ACCEPTING THE SERVICES SUBJECT TO THE FOREGOING E-911 LIMITATIONS.

8. Notification of E-911 Limitations. We have provided stickers with your installation package that explain the potential limitations of E-911 availability through our Services. These stickers are meant to be placed on any phone or device you plan to use with the Services. If you need additional stickers or did not receive stickers with your installation package, we encourage you to call our Customer Service Department at 1­800-599-1000. We strongly encourage you to inform anyone that will rely on or regularly use a phone or device in conjunction with the Services about the limitations of E-911 service.

9. Limitation of Liability and Indemnification. OTHER THAN AS PROVIDED IN SECTIONS 3 AND 6 OF THESE TERMS AND CONDITIONS, ALL SERVICES AND EQUIPMENT ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND FROM COMPANY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES OR EQUIPMENT WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE SERVICES OR EQUIPMENT WILL BE UNINTERRUPTED. CUSTOMER AGREES THAT ALL USE OF THE SERVICES AND EQUIPMENT IS AT CUSTOMER’S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE SERVICES AND EQUIPMENT KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES.

IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, OR REPLACEMENT THE EQUIPMENT, THE USE OR INABILITY TO USE THE SERVICES, OR THE USE OR INABILITY TO USE ANY OTHER SERVICES INCLUDING, BUT NOT LIMITED TO, E911 SERVICE AND HOME SECURITY MONITORING, OR ANY OTHER PART OF THIS AGREEMENT, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY’S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE SERVICES AND EQUIPMENT.

Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of or related in any way to the use of the Services by Customer or otherwise arising out of Customer’s breach of any term of the Agreement.

10. Jurisdiction and Venue. Jurisdiction and venue for all disputes will be Evansville, Indiana. Both parties expressly waive the right to request a trial by jury regarding any legal dispute arising from this Agreement. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Agreement or the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

11. Miscellaneous. The Agreement may not be assigned by Customer. Company may assign this Agreement without Customer consent. In the Agreement, wherever a singular word is used, it shall also include the plural whenever required by the context and vice versa. The invalidity or unenforceability of any provision of the Agreement shall not affect the other provisions, and the Agreement shall be construed in all respects as if such invalid or unenforceable provision had not been a part of the Agreement. All headings and captions are for convenience only, and will not be interpreted to have independent meaning or to modify any provision of the Agreement. The format, words and phrases used in this Agreement shall have the meaning generally understood in the broadband and communications industries. This Agreement shall be construed in accordance with its fair meaning and not against the drafting party. The Agreement represents the entire understanding between the parties and supersedes all prior agreements and representations whether express or implied, oral or written. Customer acknowledges that Customer is not entering into this Agreement in reliance on any term, condition, representation or warranty not expressly stated in the Agreement. The following provisions shall survive the expiration or termination of the Agreement: Sections 8 and 9.