TERMS OF SERVICE AND LICENSE AGREEMENT

1.1 Subject to this Agreement, Intwine will provide the Customer with a subscription to access Intwine's cloud-based network management, connectivity and other related services provided by Intwine through the Internet as described at www.intwineconnect.com and rmp.intwineconnect.com or as otherwise documented and made available to Customer upon request by Intwine (collectively referred to as the "Service").

1.2 The Service and the software underlying or used to deliver the Service are hosted on servers under the control or direction of Intwine or its third party providers. The Service is subject to modification from time to time at Intwine's sole discretion, for any purpose deemed appropriate by Intwine. Intwine will use reasonable efforts to give Customer prior written notice of any material modifications to the Service.

1.3 For paid Customer accounts in good standing, Intwine will use commercially reasonable efforts to make the Service available. Notwithstanding the foregoing, Intwine has the right to suspend Customer's access to the Service: (i) for scheduled or emergency maintenance, (ii) in the event Customer is in breach of this Agreement, including failure to pay any amounts due, or (iii) as a result of circumstances beyond Intwine's reasonable control (including, but not limited to: acts of God, acts of government, flood, fire, earthquake, civil unrest, acts of terror, strike or other labor problem, hosting provider failure or delay, issues related to a third party, or denial of service attacks) ("Force Majeure").

1.4 Subject to the terms hereof, Intwine or its designated third-party partners will provide reasonable support to Customer for the Service. Customer will designate an employee who will be responsible for all matters relating to this Agreement ("Primary Contact"). Customer may change the individual designated as Primary Contact at any time.

1.5 Customer is responsible for all acts and omissions of its employees and agents (including any breaches of this Agreement) as if Customer committed such act or omission itself. Intwine may exercise any rights and remedies under this Agreement, at law or in equity, against Customer based upon such acts or omissions of such employees or agents.

2.1 Customer will not, and will not permit any third party to: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure or algorithms of any portion of the Service, documentation or data related to the Service (provided that reverse engineering is prohibited only to the extent such prohibition is not contrary to applicable law); modify, translate, or create derivative works based on the Service; use the Service for timesharing or service bureau purposes or for any purpose other than its own internal use (unless Customer is an Intwine Dealer and has reviewed and agreed to be bound by the additional terms and conditions set forth in the Dealer Agreement ("Dealer Addendum") available separately and hereby incorporated herein by reference). The customer is not permitted to use the Service in connection with any high risk or strict liability activity; use the Service other than in accordance with this Agreement and in compliance with all applicable laws and regulations, including but not limited to any privacy laws, and laws and regulations concerning intellectual property, consumer and child protection, obscenity or defamation; run or use any processes that run or are activated while Customer is not logged on to the Service or that "crawl," "scrape," or "spider" the Service; or use the Service in any manner that (i) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable (including without limitation, accessing any computer, computer system, network, software, or data without authorization, breaching the security of another user or system, or attempting to circumvent any user authentication or security process), (ii) impersonates any person or entity, including without limitation any employee or representative of Intwine, or (iii) contains a virus, Trojan horse, worm, time bomb, unsolicited bulk, commercial, or "spam" message, or other harmful computer code, file, or program (including without limitation, password guessing programs, decoders, password gatherers, keystroke loggers, cracking tools, packet sniffers, or encryption circumvention programs). Notwithstanding anything to the contrary, Intwine reserves the right to suspend or limit Customer's access to the Service if Intwine determines, in its sole discretion, that Customer's use of the Service does or is likely to: (a) damage the Service or interfere with Intwine's ability to reliably provide the Service to other users; or (b) place an unreasonable or unexpected load on the Service (c) there is a threat or attack on the cloud servers hosting the Service (including a denial of service attack) or other event that may create a risk to the Service, to Customer or to any other user of the Service; (d) Customer's use of the Service disrupts or poses a security risk to the Service or any other user of the Service, may harm Intwine's systems or any other user of the Service, or may subject Intwine or any third party to liability; (e) Customer is misusing the Service or using the Service for fraudulent or illegal activities; (f) subject to applicable law, Customer has ceased to continue Customer's business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of Customer's assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding; (g) Customer is using the Service in breach of the Agreement; (h) Customer is in default of Customer's payment obligations hereunder; or (g) there is an unusual spike or increase in Customer’s use of the Service (collectively, "Service Suspensions"). Customer understands that many of the reasons for suspension listed above are imposed on us by third party licensors, are subject to change without notice, and may result in Customer's access to the Service being suspended as a result of the actions of other users. Intwine will make commercially reasonable efforts to provide written notice of any Service Suspension to Customer (including notices posted on the website or sent to Customer's registered e-mail address) and to provide updates regarding resumption of Customer's access to the Service following any Service Suspension. Intwine will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Customer may incur as a result of any Service Suspension or limitations related to carrier coverage or support.

2.2 Customer will cooperate with Intwine in connection with the performance of this Agreement by making available such personnel and information as may be reasonably required, and taking such other actions as Intwine may reasonably request. Customer will also cooperate with Intwine in establishing a password or other procedures for verifying that only designated employees of Customer has access to any administrative functions of the Service.

2.3 Customer shall indemnify, defend, and hold harmless Intwine, its affiliates, subsidiaries, and its and their respective officers, directors, employees, agents, contractors, suppliers, successors, and assigns from and against any third party judgments, claims, actions, losses, damages, liabilities, costs, or expenses (including, but not limited to, reasonable attorneys' fees and legal expenses) of any kind arising from or attributable to (i) any breach by Customer or its employees or agents of Customer's obligations contained herein, or (ii) any violation by Customer of any privacy, employee, or consumer protection right. This section shall survive the expiration or termination of the Agreement.

2.4 Customer will be responsible for maintaining the security of Customer's account, passwords, including but not limited to administrative and user passwords and files, and for all uses of Customer’s account, whether with or without Intwine's knowledge or consent.

2.5 THE SERVICE IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE WITH DATA, CONTENT OR INFORMATION USED FOR OR REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPON SYSTEMS, IN WHICH THE FAILURE OF THE SERVICE, INTERNET OR THIRD PARTY CLOUD SERVICE PROVIDER INFRASTRUCTURE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK APPLICATIONS"). Intwine and its third party licensors specifically disclaim any express or implied warranty of fitness for High Risk Applications.

Customer acknowledges and agrees that the Service may include services provided to Intwine by one or more wireless service providers. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT IT HAS NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH INTWINE’S UNDERLYING WIRELESS SERVICE PROVIDERS OR SUCH PROVIDERS' AFFILIATES OR CONTRACTORS AND THAT CUSTOMER IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN INTWINE AND ANY UNDERLYING WIRELESS SERVICE PROVIDER. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT THE UNDERLYING WIRELESS SERVICE PROVIDERS AND THEIR AFFILIATES AND CONTRACTORS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO CUSTOMER AND CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS OR DEMANDS THEREFOR.

3.1 Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may disclose information relating to the Disclosing Party's technology or business (hereinafter referred to as "Proprietary Information" of the Disclosing Party). Without limiting the foregoing, any software provided by Intwine or to which Intwine allows Customer to access, is Intwine Proprietary Information. Customer will obtain agreement from its employees and agents that it will treat Intwine Proprietary Information in accordance with the terms of this Agreement prior to allowing any such employee or agent to have access to the Service.

3.2 The Receiving Party agrees (i) to give access to such Proprietary Information solely to those of its employees with a need to have access thereto for purposes of this Agreement, and (ii) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the party takes with its own proprietary information, but in no event will a party use less than a reasonable degree of care to protect such Proprietary Information. The Disclosing Party agrees that the foregoing will not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public without any action by, or involvement of, the Receiving Party, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed by it without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure (if such notice is permitted by applicable law) in order to allow the Disclosing Party an opportunity to contest such order.

3.3 Customer acknowledges that Intwine does not wish to receive any Proprietary Information from Customer that is not necessary for Intwine to perform its obligations under this Agreement (including, without limitation, any information protected under applicable privacy laws and regulations), and, unless the parties specifically agree otherwise, Intwine may reasonably presume that any information unrelated to the Service received from Customer is not Proprietary Information.

4.1 Intwine alone (and its licensors, where applicable) owns all right, title and interest, including all related Intellectual Property Rights, in and to the Service, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Customer or any other party relating to the Service. This Agreement is not a sale and does not convey to Customer any rights of ownership in or related to the Service or any Intellectual Property Rights owned by Intwine, Inc. or its third party licensors.

4.2 Customer represents and warrants that Customer owns and will continue to own all worldwide right, title and interest in, or holds and will continue to hold a valid license to, all information distributed by or on behalf of Customer through the Service ("Content") and the intellectual property rights with respect to that Content. If Intwine receives any notice or claim that any Content, or any of its activities with respect to any Content or its use of the Service, may infringe or violate rights of a third party or any applicable law or regulation (a "Claim"), Intwine may (but is not required to) suspend activity hereunder with respect to that Content or use of the Service. Customer shall indemnify, defend, and hold harmless Intwine, its affiliates, subsidiaries, and its and their respective officers, directors, employees, agents, contractors, suppliers, successors, and assigns from and against any third party judgments, claims, actions, losses, damages, liabilities, costs, or expenses (including, but not limited to, reasonable attorneys' fees and legal expenses) of any kind arising from or attributable to in connection with any such Claim. This section shall survive the expiration or termination of the Agreement.

5.1 By using or accessing the Service, Customer hereby grants to Intwine during the term of this Agreement a worldwide, royalty-free, non-exclusive, irrevocable, sublicensable right and license to use, copy, display, perform, store, distribute and modify Data as necessary to perform the Service. "Data" means all electronic data and information submitted by Customer for set up and provisioning of the Service, and information created, generated, collected or harvested by Intwine in the furtherance of this Agreement and the security and performance of the Service. Data does not include any Content.

5.2 Notwithstanding anything else in this Agreement or otherwise, Intwine may monitor Customer's use of the Service in an aggregate and anonymous manner, compile statistical and performance information related to the provision and operation of the Service ("Intwine Data"), and may make such information publicly available, provided that such information does not identify Customer or Customer's confidential information. Intwine shall own all right, title and interest in and to the Intwine Data. To the extent needed to perfect Intwine's ownership in the Intwine Data, Customer hereby irrevocably assigns all right, title and interest in such Intwine Data to Intwine.

5.3 The Service may make use of non-PII location data (including, but not limited to, GPS coordinates, the MAC address and received signal strength of nearby Wi-Fi access points, nearby cell tower IDs, and the IP Address) that is sent by devices using the Service. In order to allow Intwine to provide the best user experience, the Service may utilize a third party provider to resolve location requests. At all times, Customer's location information will be treated in accordance with such third party's privacy policy, a copy of which is available upon request. Customer consents to Intwine and its partners' transmission, collection, maintenance, processing and use of Customer's location data and queries to provide and improve location-based products and services.

6.1 Customer will pay the applicable fees as set forth at the time of purchase by Intwine or its distributors, resellers or partners ("Fees") for availability, features and functionalities of the Service subscribed to by Customer ("Subscription") without any right of set-off or deduction. To the extent applicable, Customer will pay for additional services, such as integration fees or other consulting fees. All payments will be due beginning on the date of Service initiation. All Fees paid hereunder (including any prepaid amounts) are non-refundable, including without limitation if this Agreement is terminated in accordance with Section 7 below.

6.2 Unpaid Fees may be subject to a finance charge of one percent (1.0%) per month, or the maximum permitted by law, whichever is lower, plus all expenses of collection, including reasonable attorneys' fees. Fees under this Agreement are exclusive of all taxes, including national, state or provincial and local use, sales, value-added, property and similar taxes, if any. Unless otherwise explicitly agreed in writing at the time of purchase, Customer agrees to pay such taxes (excluding US taxes based on Intwine's or its distributors', resellers', or partners' net income) unless Customer has provided a valid exemption certificate. In the case of any withholding requirements, Customer will pay any required withholding itself and will not reduce the amount paid on account thereof.

7.1 This Agreement shall continue until terminated in accordance with this Section 7.

7.2 Intwine may terminate this Agreement immediately upon written notice to Customer in the event of any material breach of this Agreement by Customer or its employees or agents, or failure to pay any Fees or other amounts when due hereunder.

7.3 Either party may terminate this Agreement, without notice, (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings (provided such proceedings are not dismissed within thirty (30) days of such institution), (ii) upon the other party's making an assignment for the benefit of creditors, or (iii) upon the other party's dissolution or ceasing to do business.

7.4 Customer's access to the Service, and any licenses granted hereunder, shall terminate upon any termination of this Agreement. All sections of this Agreement, which by their nature should survive termination, will survive termination, including, without limitation, restrictions, accrued rights to payment, confidentiality obligations, intellectual property rights, warranty disclaimers, and limitations of liability. The following Sections will survive any termination of this Agreement: 2 through 6, this section 7, and 8 through 11.

7.5 Customer agrees that upon any termination of this Agreement, Customer will not be entitled to a refund of fees for any additional work previously performed by Intwine at Customer's request or any pre-paid Fees for Subscriptions still in effect at the time of termination, and Customer's obligation to pay any balance due shall survive any such termination.

8.1 Intwine warrants only that the Service will conform to Intwine's official documentation therefor. The sole remedy available to the Customer for breach of the foregoing limited warranty is the reperformance of the Service that fails to comply with the foregoing limited warranty, or, in lieu thereof, and at Intwine's sole discretion, a refund of the Fee paid by the Customer for the period of non-conformance.

8.2 INTWINE DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE OR ANY FUNCTION CONTAINED THEREIN WILL MEET CUSTOMER'S REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THIS SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT FOR THE FOREGOING EXPRESS LIMITED WARRANTIES, THE SERVICE, SOFTWARE AND INTWINE PROPRIETARY INFORMATION AND ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED "AS-IS," WITHOUT ANY WARRANTIES OF ANY KIND.

8.3 INTWINE MAKES NO OTHER WARRANTY, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE. INTWINE SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

9.1 Intwine will not be liable for any loss resulting from a cause over which it does not have direct control.

9.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL INTWINE OR ITS THIRD PARTY LICENSORS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY, LOSS OF PRIVACY, CORRUPTION OR LOSS OF DATA, FAILURES TO TRANSMIT OR RECEIVE DATA OR ANY OTHER PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF INTWINE OR ITS THIRD PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 THE TOTAL LIABILITY OF INTWINE AND ITS LICENSORS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, WILL NOT EXCEED, IN THE AGGREGATE, THE LESSER OF (i) ONE THOUSAND DOLLARS ($1,000), OR (ii) THE FEES PAID TO INTWINE HEREUNDER IN THE THREE MONTH PERIOD ENDING ON THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

9.4 THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

Customer shall not provide to any person or export or re-export or allow the export or re-export of the Service or any software or anything related thereto or any direct product thereof (collectively "Controlled Subject Matter"), in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. Without limiting the foregoing, Customer acknowledges and agrees that the Controlled Subject Matter will not be used or transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. Customer's use of the Service is deemed a representation and warranty by Customer that the user is not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. The Controlled Subject Matter may use or include encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations. As defined in FAR section 2.101, any software and documentation provided by Intwine are "commercial items" and according to DFAR section 252.227-7014(a)(1) and (5) are deemed to be "commercial computer software" and "commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

11.1 If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

11.2 This Agreement is not assignable, transferable or sublicensable by Customer except with Intwine's prior written consent. Intwine may transfer and assign any of its rights and obligations under this Agreement with written notice to Customer.

11.3 This Agreement is the complete and exclusive statement of the mutual understanding of the parties relating to the subject matter of this Agreement, and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.

11.4 Neither party shall be liable to the other or responsible for delay or non-performance of any of the terms of the Agreement due to Force Majeure.

11.5 No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other party in any respect whatsoever.

11.6 In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its reasonable costs and attorneys' fees from the non-prevailing party.

11.7 All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; and upon receipt, if sent by certified or registered mail (return receipt requested), postage prepaid.

11.8 This Agreement shall be governed by the laws of the State of Ohio and the parties irrevocably submit to the exclusive jurisdiction of the state and federal courts located in Cuyahoga County, Ohio for any dispute arising out of this Agreement.

11.9 Intwine reserves the right, in its sole discretion, to change, modify, add or remove provisions of this Agreement at any time. Customer is responsible for regularly reviewing this Agreement for changes. By using the Service after Intwine posts any changes to this Agreement or otherwise notifies Customer of such changes, Customer agrees to accept those changes, whether or not Customer has reviewed them. If Customer does not agree to such changes, Customer should not use the Service and Customer should terminate Customer's Subscription.

11.10 No Implied Waivers. If either party fails to require performance of any duty hereunder by the other party, such failure shall not affect its right to require performance of that or any other duty thereafter. The waiver by either party of a breach of any provision of this Agreement shall not be a waiver of the provision itself or a waiver of any breach thereafter, or a waiver of any other provision herein.

11.11 Counterparts; Electronic Delivery. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. A counterpart of this Agreement executed and delivered by facsimile or electronic mail shall be equally as effective as delivery of a manually executed counterpart of this Agreement. Any party delivering an executed counterpart of this Agreement by facsimile or electronic mail shall also deliver a manually executed counterpart of this Agreement, but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this Agreement.

If Intwine receives any notice or claim that Customer's use of the Service may infringe or violate rights of a third party or any applicable law or regulation (a "Claim"), Intwine may (but is not required to) suspend activity hereunder with respect to Customer's use of the Service. Customer shall indemnify, defend, and hold harmless Intwine, its affiliates, subsidiaries, and its and their respective officers, directors, employees, agents, contractors, suppliers, successors, and assigns from and against any third party judgments, claims, actions, losses, damages, liabilities, costs, or expenses (including, but not limited to, reasonable attorneys' fees and legal expenses) of any kind arising from or attributable to in connection with any such Claim. This section shall survive the expiration or termination of the Agreement.

Customer acknowledges and agrees that the Service may include services provided to Intwine by one or more Wireless Service Providers. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT IT HAS NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH INTWINE'S UNDERLYING WIRELESS SERVICE PROVIDERS OR SUCH PROVIDERS' AFFILIATES OR CONTRACTORS AND THAT CUSTOMER IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN INTWINE AND ANY UNDERLYING WIRELESS SERVICE PROVIDER. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT THE UNDERLYING WIRELESS SERVICE PROVIDERS AND THEIR AFFILIATES AND CONTRACTORS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO CUSTOMER AND CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS OR DEMANDS THEREFOR.