The following Terms and Conditions constitute the “Agreement” for bandwidth services provided to “Customer” by Fiberwave Technologies LLC. (“Company”).

Services

Company shall provide managed bandwidth services via the network infrastructure pursuant the service agreement executed between Company and the property where Customer’s residence is located. Customer acknowledges that services to Customer’s unit may be discontinued or disconnected based on Customer’s breach of this Agreement, including but not limited to, Customer’s failure to pay any outstanding fees or invoices owed to Company.

No guarantee; No Liability

Company makes no guaranty or warranty, including any implied warranty of merchantability or fitness for a particular purpose that the equipment or services provided will detect or avert internet viruses, trojan horses, or any other security breaches with Customer’s computer, computer equipment, or other devices connected to the network. Company does not undertake any risk that Customer or Customer’s computer or other equipment or property of others, may be subject to injury or loss if such an event occurs. The allocation of such risk remains with Customer, not Company. Customer releases, waives, discharges, and promises not to sue or bring any claim of any type against Company for loss, damage or injury relating in any way to the equipment or services provided by Company. Customer acknowledges it is impractical and extremely difficult to determine actual damages, if any, that may result from a failure by Company to perform any of its obligations to Customer under the service agreement. Under no circumstances will Customer attempt to hold Company liable for any consequential or incidental damages, including without limitation, damages for personal injury or damages to property, including but not limited to computers, computer equipment and other electronic equipment of Customer. Notwithstanding the provisions of this paragraph 2, if Company is found liable for loss, damage or injury under any legal theory relating in any way to the services and/or equipment provided by Company, Customer agrees and affirms that Company's liability to Customer shall be limited to a sum of $250.00 dollars. This agreed upon amount is not a penalty; rather it is Customer’s sole remedy. The provisions of this paragraph 2 apply no matter how the loss, damage, injury or other consequence occurs, even if due to the performance or nonperformance by Company of its obligations under this Agreement or from negligence (active or otherwise), strict liability, violation of any applicable consumer protection law or any other theory of liability or alleged fault on the part of Company, its agents or its employees. No suit or action shall be brought against Company more than 6 months after the date of the incident that resulted in the loss, injury or damage, or the shortest duration permitted under applicable law if greater than 6 months. The provisions of paragraph 2 and its subparts shall apply to and benefit Company and its agents, employees, contractors, subsidiaries, dealers, affiliates, parents (both direct and indirect), affinity marketers and other partners.

Indemnity

If any other person, including Customer’s subrogating insurer, makes any claim or files any lawsuit against Company in any way related to the equipment or services provided by Company to Customer, Customer agrees to indemnify, defend and hold Company harmless from any and all such claims and lawsuits, including the payment of all damages, expenses, costs and attorneys' fees. Customer’s duty to defend is separate and distinct from Customer’s duty to indemnify and hold harmless and arises upon the assertion of a claim or demand against Company and regardless of whether Company has been found liable or whether Company has incurred any expense.

Ownership

The equipment used to provide services to Customer is owned by Company and/or the property owner as set forth in the service agreement. Company has the right, upon termination of that Agreement, to remove, disable or abandon all or any portion of the equipment pursuant to the terms of the service agreement. Customer will provide Company access to any equipment for removal, and Company will have no obligation to repair or redecorate Customer’s premises after any such removal.

Assignment

Customer may not assign this Agreement without prior written consent from Company. Company does have the right to assign this Agreement or to subcontract any of its obligations under this Agreement without my approval and without notice to me.

Delays

Company has no responsibility or liability to Customer for delays in the installation or repair of the Company facilities, regardless of the reason. Company has no responsibility or liability for interruptions of service or any resulting consequences, whether due to strike, riot, flood, fire, terrorism, act of god or any other cause within or beyond Company's control. If there are service interruptions, Company has no obligation to supply Customer with substitute services.

Electronic media; Personal information

Customer consents to Company's use of Customer’s personal information and that of third parties provided by Customer for the purpose of setting up and administering Customer’s services (including credit approval, invoicing, collecting and providing information on new equipment or services). Customer has obtained the consent of the third parties, whose personal information they have provided to Company, to use such personal information for the administration of Customer’s account with Company and as provided in this Agreement. Company may collect (including Customer’s consent to record telephone conversations with Company's representatives), use, disclose and transfer Customer’s personal information, and that of third parties provided by Customer, to Company's parents, affiliates, subsidiaries and successor corporations, any subcontract or assignee of this Agreement or any applicable authority having jurisdiction that requests such information to administer services, Company facilities license, permit or similar programs.

Unlawful or Improper Use of the Service

Customer may not use the Service in a manner prohibited by any applicable laws or regulations. Without limiting the foregoing, customer may not use the Service for any unlawful or abusive purpose, in any way that could damage, disable, overburden, or impair any company property, or in any way that directly or indirectly interferes with or disrupts our network or adversely affects another’s use or enjoyment of any Service, including other compant subscribers. customer may not use or attempt to use the Service in any manner such as to avoid incurring charges for or otherwise being required to pay for such usage. Customer may not circumvent or attempt to circumvent user authentication or security of any host, network, network element, or account (also known as “cracking” or “hacking”). This includes, but is not limited to, accessing data not intended for customer, logging into a server or account that customers are not expressly authorized to access, or probing the security of other networks. Customer may not interfere or attempt to interfere with any services to any user, host, or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. Customer may not use any kind of program/script/command, or send messages of any kind, designed to interfere with (or which does interfere with) any server or a user’s session, by any means, locally or via the Internet. The Service is intended for periodic, active use. Customer may not use the Services on a standby or inactive basis in order to maintain a connection. Pinging is prohibited.

Intellectual Property Infringement

Customer may not use the Service to store, transmit or receive any material that infringes on any patent, trademark, trade secret, copyright, or other proprietary or intellectual right of any party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, or the unauthorized transmittal of copyrighted software. If Fiberwave receives a notice from a copyright owner alleging a Customer has committed copyright infringement, Fiberwave will notify the Customer of the alleged infringement. If Fiberwave receives more than one notice alleging copyright infringement on the Customer’s part, Customer may be deemed a “repeat copyright infringer.” Fiberwave reserves the right to shutoff access to the Service of repeat copyright infringers. Customers are also prohibited from using the service to interfere with any technical measures employed by company that are used to ensure compliance with this policy.

Objectionable Material

Customer may not use the Service to advertise, solicit, store, post, transmit, disseminate, or otherwise make available material or information that is unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, hateful, obscene, indecent, or otherwise objectionable or which encourages or participates in conduct that would constitute a criminal offense, gives rise to a civil liability, or otherwise violates any local, state, national, or international law, order, rule, or regulation. Company will notify and fully cooperate with law enforcement if it becomes aware of any use of the Service in any connection with child pornography or the solicitation of sex with minors.

Billing & Payments

Customer authorizes Fiberwave Technologies LLC to charge Customer’s credit card or bank account for services indicated on the service agreement. Customer understands this authorization will remain in effect until Customer cancels the services, in writing, at least 15 days prior to next billing period. Customer agrees to notify Fiberwave, in writing, of any changes in payment information, and that any failure to pay for service will result in an interruption of the services including interruption of Customer’s internet service. Customer further acknowledges that Fiberwave may charge a reconnection fee in addition to any other outstanding fees owed by Customer prior to reinstating services. A dispute of any charges with Customer’s bank or credit card company that results in additional fees or charges shall be the responsibility of Customer. Customer’s failure to pay may result in Fiberwave initiating collection efforts, including but not limited to, engaging a third-party collection firm. Customer shall be responsible for all fees and charges associated with collection, including but not limited to all incurred attorney’s fees and costs, whether or not such collection involves judicial action. Customer further acknowledges that Company may bill for services outside its contract with the property. In the event, Customer requests additional services be performed by Company, Company may charge Customer at its standard rate of $125.00/per hour.

Privacy Policy

Customer’s use of the bandwidth services under this Agreement is subject to Company’s privacy policy.

Amendments

Company has the exclusive right to amend this Agreement at any time, without notice to Customer. Customer acknowledges that Customer’s subsequent use of the bandwidth services constitutes acceptance of any and all amendments to this Agreement as well as Company’s privacy policy.

Entire Agreement

This Agreement constitutes the entire Agreement between the parties. Customer is not relying on Company's advice or advertisements. Company is not bound by any representation, promise, condition, inducement, or warranty, express or implied, that is not included in writing in this Agreement. The terms and conditions of this Agreement apply as printed without alteration or qualification, unless a change is approved in writing by a Company authorized representative. The terms and conditions of this Agreement shall control and govern even if there are other documents with inconsistent or additional terms and conditions. If a court determines that any provision of this Agreement is invalid or unenforceable, that provision shall be deemed amended and enforced to the maximum extent permitted by law. Each and every other provision of this Agreement shall continue to be valid and enforceable.