Service Agreement

1. General Obligations

Customer agrees to give Provider accurate, complete, and current information when Customer enters into this Agreement and subscribes to Provider's internet service, including Customer's legal name (or business name), address, telephone number(s), email address(es), and payment information.

After Customer enters into this Agreement and the Service Plan and first connects to the internet, Customer agrees to contact Provider and obtain Provider's approval before making any change to the equipment at Customer's premises that is used to connect to Provider's Service. Failure to give Provider accurate information about changes to that equipment is a breach of this Agreement and may result in Provider terminating service to Customer.

The internet service provided under this Agreement is personal to Customer and specific to Customer's registered address and premises as shown on the Service Plan. It is a violation of this Agreement to allow Provider's internet service to be transmitted or otherwise provided in any way to any other person, internet user, entity, or business located separate from, off, or outside Customer's address or premises. If Customer violates this section, Provider has the right to terminate this Agreement immediately and discontinue service to Customer.

2. Service and Performance

PROVIDER WILL FURNISH THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER APPLIES TO ANY EQUIPMENT SOLD OR LOANED AND TO ALL ADVICE, ASSISTANCE, DATA, INFORMATION, OR SERVICE, NOW OR LATER FURNISHED, DELIVERED, OR MADE AVAILABLE BY PROVIDER, ITS AFFILIATES, ITS CONTRACTORS, MANAGERS, MEMBERS, OR THEIR RESPECTIVE EMPLOYEES OR AGENTS. PROVIDER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, EXCEPT AS STATED IN THE UPTIME GUARANTEE SECTION BELOW.

Neither Provider nor its agents, contractors, employees, managers, or members (together, "Provider's Group") will be responsible for, and Customer waives and releases any claim against Provider's Group for, any damage, loss, cost, or other expense, whether direct, indirect, consequential, or incidental, that Customer or any third party may suffer that is related to or results from Customer's use of the Service. This includes, but is not limited to, loss of data or business resulting from delays, non-delivery, mis-delivery, or interruptions caused by Provider's or Customer's actions or inaction. CUSTOMER EXPRESSLY ASSUMES ALL RISKS ASSOCIATED WITH CUSTOMER'S USE OF THE SERVICE, including but not limited to risks from the introduction of viruses, worms, or Trojan horses into Customer's computers, from unauthorized entry into Customer's computers, or from any other problem that results from use of, or occurs through, the Service.

Customer agrees to defend, indemnify, and hold harmless, to the extent permitted by law, Provider's Group from any damage, loss, cost, or expense that may occur to Customer or any third party as a result of the use of the Service. Customer agrees to defend, indemnify, and hold Provider's Group harmless from any and all liabilities, costs, judgments, and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of this Agreement by Customer, or by a third party accessing the Service through Customer; (b) use of the Service or the internet, or the placement or transmission of any message, information, software, or other material on the internet, by Customer or by a third party accessing the Service through Customer; (c) negligent acts or omissions of Customer's officers, employees, agents, or contractors in connection with the construction, installation, maintenance, presence, use, or removal of systems, channels, terminal equipment, or software (whether or not furnished by Provider) that are connected or are to be connected to the Service; and (d) claims for infringement of patents arising from the use by Customer, or by a third party accessing the Service through Customer, of equipment, software, apparatus, and systems (whether or not furnished by Provider) in connection with the Service.

3. Uptime Guarantee

Provider guarantees 99.9% uptime, measured at the rooftop antenna. Measuring at the antenna separates the connection Provider delivers from anything happening inside Customer's home or office network. Planned maintenance is announced with 24-hour notice and kept to short windows, and is not counted against the guarantee.

Questions about this guarantee, or a claim under it, must be sent to Provider in writing as described in the Notices section, within the time allowed in the No Liability for Content section.

4. No Liability for Content

Customer acknowledges that Provider exercises no control over the form, content, or nature of data, images, information, material, or anything else of whatever nature passing through the connection between Customer and Provider, or obtained from any database maintained by Provider or others (together, "Data"), except as may occur under this section or the Lawful Use section of this Agreement. Customer assumes the entire risk that may arise from the use or transmission from, through, or to Customer of any Data, WHICH MAY INCLUDE SEXUALLY EXPLICIT MATERIAL OR MATERIAL OFFENSIVE TO SOME PERSONS. Provider has no duty or obligation to advise Customer of any risk that may arise from the availability, use, possession, or transmission of Data, or to provide any information about it, even if Provider at any time attempts to do so. If Provider becomes aware of Data that it, in its sole discretion, deems to be in violation of this Agreement, unacceptable, or undesirable, it may remove or refuse to post the Data.

Provider's liability for any allegedly defective service provided under this Agreement will not exceed the monthly Service Fee, or the portion of it, paid by Customer to Provider. The Service provided to Customer will be considered accepted unless Customer gives Provider written notice describing the portion or portions of the Service alleged to be defective or inadequate no later than two (2) months after the day the allegedly defective or inadequate service was furnished by Provider.

5. Lawful Use

All use of Provider's services must be for lawful purposes and in accordance with Provider's Acceptable Use Policy and the acceptable use policy of any network accessed through Provider. Customer will not use, or permit the use of, Provider's services in violation of any applicable federal, state, or local statute, law, ordinance, regulation, or rule (together, "Governmental Rule"). Customer agrees that Provider has the right to conduct electronic monitoring and to disclose information where required to do so by any Governmental Rule, to facilitate operation of the system, or to safeguard itself or other customers.

If use of the Service by Customer, or by a third party accessing the Service through Customer, causes Provider's upstream internet provider to advise Provider that it will terminate or restrict Provider's connectivity to the internet unless some specified action is taken, Provider may, by giving Customer the lesser of fifteen (15) days advance notice or the time period specified by the upstream provider, temporarily suspend the Service or some part of it, limit or prevent use of the Service by a particular person, group, or entity, and/or terminate this Agreement. No reduction in the Service Fee will be made if the Service or a part of it is suspended, or if a particular person, group, or entity is not permitted to use the Service, under this section. If Provider elects to terminate the Service as permitted in this section, Customer will be entitled to a refund of 50% of the unused portion of any Service fees paid in advance, and installments not yet due will be canceled.

6. Notices

Notices or other communications required or permitted under this Agreement must be in writing and will be considered properly given if delivered personally, sent by messenger and receipted, sent by facsimile, or mailed by certified mail, return receipt requested, postage prepaid, and addressed to Customer's mailing address as listed in Provider's billing system.

Notices to Provider:

A party may change its address or phone number for purposes of notice under this Agreement by giving written notice of the change to the other party in the same manner provided above.

7. Default

Default under this Agreement is a failure to comply with a material term or condition of it. In the event of a default, the non-defaulting party may give the other party written notice specifying the default, and the defaulting party will have ten (10) days after that notice to cure it. If the default is by Customer and is not timely cured, Provider may (i) terminate service to Customer and retain all prepaid amounts, or (ii) interrupt the Service until the default is cured, with no refund of any prepaid amounts. In addition, Provider may declare due and demand immediate payment of any installments remaining unpaid, with interest at the rate of eighteen percent (18%) per year from the date of default in payment until fully paid, along with reasonable attorney's fees, court costs, and other expenses Provider incurs in enforcing this Agreement.

If this Agreement is terminated by agreement, or if Provider fails to cure a noticed default, Customer may terminate this Agreement and, as its sole and exclusive remedy, will receive a portion of any prepaid Service Fee, prorated for the half months remaining in the current Service Period, less any amounts Customer otherwise owes Provider. Failure to declare a default immediately when it occurs, or a delay in taking action on it, does not waive the default or any legal right or privilege to take action at any later time. Termination of service by Provider does not relieve Customer of existing debts.

8. Laws

Customer assumes all knowledge of applicable law and is responsible for compliance with it. Customer may not use the Service in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.

9. Force Majeure

Neither party will be liable or responsible to the other for any delay, damage, loss, failure, or inability to perform caused by "force majeure." As used in this Agreement, force majeure includes: an act of God; strike; act of a public enemy; war; mines or other ordnance; blockade; public rioting; lightning; fire; storm; hurricane; flood; explosion; inability to obtain materials, supplies, labor, permits, easements, or rights of way; acts or restraints of any governmental authority; epidemic; landslide; earthquake; washout; arrest; restraint of rulers and people; civil disturbance; breakage of or accident to machinery or lines of equipment; temporary failure of equipment; freezing of equipment; and any other cause, whether of the kinds listed above or otherwise, that is not reasonably within the control of the parties and that could not reasonably be prevented or overcome by the exercise of due diligence. Events reasonably within the control of the party having the difficulty do not constitute force majeure and must be remedied with the exercise of due diligence. This section does not apply to payments due under this Agreement.

10. Payment

Payment is due net fifteen (15) days from the invoice date. If Customer elects to pay by credit card, payment is due on the day of the billing cycle. If Customer fails to pay within these terms, Provider has the right to temporarily suspend service until Customer's account is brought within terms. Customer agrees to pay a $25 reconnection charge for each occurrence in which Provider restores service after suspending it for non-payment. Customer agrees to pay a $30 service charge for each check, credit card, or other payment presented to Provider that fails to clear Customer's financial institution.

Customer agrees that Provider may use all legal remedies available to report and collect obligations due to Provider under this Agreement, and Customer agrees to pay Provider all reasonable costs of collection, including but not limited to collection agency fees, court costs, and attorney's fees.

11. Refund Policy

All transactions completed through Provider's website or customer portal, monetary and otherwise, are non-exchangeable, non-refundable, and non-reversible, except in the event of a mistake on the part of Provider. If an amount is refunded to Customer for any reason, it will be refunded to the credit card, debit card, or bank account that was used to pay. No cash refunds will be made.

Provider reconciles all transactions daily. Any transaction returned as NSF or for an invalid reason will be processed within ten (10) days from the date of the transaction, and an email will be sent confirming it. For any other issue, contact Provider using the details in the Notices section.

12. Service Plans

Customer agrees that Provider has multiple service plans, and that in any given billing period Customer's actual usage may exceed the service plan Customer initially selected in this Agreement, because of additional services ordered by Customer or use of services beyond the initially selected plan. Provider will invoice Customer based on the actual services used in each billing cycle.

13. Equipment

If Customer uses equipment supplied by Provider, the equipment remains the property of Provider. Customer will use reasonable care to avoid damaging the equipment, and Customer will not move, relocate, alter, sell, lease, assign, encumber, or otherwise tamper with any equipment owned by Provider. If any of the equipment is not returned in good condition immediately upon termination of Customer's internet service, Customer will be charged, and agrees to pay, fair market value for replacement of the equipment.

14. Privacy

Provider's collection and use of personal information, including information collected through its website and its website analytics, is described in Provider's Privacy Policy. Customer acknowledges that Customer has read it.

15. Customer Use

Provider's internet service is for Customer's own use and is to be used only by Customer, Customer's employees, and members of Customer's immediate family residing with Customer or working for Customer ("Authorized Users") at the address where service is authorized and configured by Provider, consistent with the Service Plan. Customer remains responsible at all times, until termination, for all use of Provider's internet service delivered under Customer's account. Customer agrees not to resell, redistribute, network, assign, transfer, or sublicense Customer's access to Provider's internet service in any manner.

Customer agrees not to use Provider's internet service to operate as an internet service provider ("ISP") or to operate any other business in competition with Provider's internet service. Unless Customer's Service Plan is a business plan, Customer agrees not to use the service for any business or commercial enterprise, including but not limited to providing internet access to others or running a server site for FTP, Telnet, RLOGIN, email, hosting a website, or comparable applications. Customer agrees that a violation of this section authorizes Provider, in its sole discretion, to immediately disconnect Provider's internet service to Customer and terminate this Agreement without notice.

Customer may, at Customer's discretion, permit an Authorized User under 18 years of age to use Provider's internet service, provided that Customer acknowledges and agrees that Customer will at all times provide adult supervision of any underage user and will remain fully responsible for the actions of any underage user. Customer further acknowledges that Provider's internet service provides full access to the internet without restriction. Provider's internet service is not intended to be used to enable persons under 18 years of age to obtain material that is prohibited by law from being sent or displayed, including material deemed indecent or obscene.

Provider will provide Customer with one or more IP addresses. Customer agrees not to alter, modify, or tamper with the IP address, or with the IP address of any other subscriber to Provider's internet service. Unless otherwise arranged with Customer, Provider retains the right to any and all IP addresses upon Customer's disconnection, discontinuance, or termination of service.

Any conduct by Customer that, in Provider's sole discretion, inhibits or restricts any other customer, person, or entity from using or enjoying Provider's internet service entitles Provider to immediately disconnect Provider's internet service to Customer and terminate this Agreement without notice. Customer agrees to use Provider's internet service only for lawful purposes. Customer may not use, or allow others to use, Customer's account, directly or indirectly, to:

• post, transmit, promote, or facilitate the distribution of any unlawful or illegal material, including but not limited to material that would constitute or encourage copyright or trademark infringement or a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law;
• post, transmit, promote, or facilitate the distribution of unsolicited advertising (including but not limited to mass or bulk email), promotional materials, or other forms of solicitation to other individuals or entities;
• unlawfully access other computers or services, or cause a disruption of service to other online users;
• cause disruption to Provider's backbone network, nodes, or services; or
• establish a web page or site on Customer's computer.

16. Termination and General Provisions

This Agreement, the license provided in it, and Customer's right to use Provider's internet service may be terminated by Provider at any time for violations of the provisions of this Agreement, and most specifically if Customer violates any of the terms of the Customer Use section. Customer may terminate this Agreement at any time by giving Provider thirty (30) days written notice and returning Provider's equipment and related connecting cables to Provider. Customer's bill will be prorated for any prepaid service, which may be offset against any outstanding Customer balance.

This Agreement is binding on and inures to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns, except that it may not be assigned by Customer.

This document and Customer's current monthly Service Plan constitute the entire agreement between Provider and Customer. This Agreement may not be modified except in a writing signed by duly authorized representatives of Provider and Customer. If Customer issues a purchase order, memorandum, specifications, or other instrument covering the services provided, that instrument is for Customer's internal purposes only, and any terms and conditions in it, whether printed or written, have no force or effect between the parties to this Agreement. The parties acknowledge that they have read and understood this Agreement and any attachments and exhibits to it. This Agreement is effective as of the Commencement Date and remains in effect until terminated under its terms.

17. Contact Us

Questions about this Agreement or your Service Plan can be sent to us by email, phone, or mail.