SUBSCRIBER(s) warrant that they are at least 18 years of age and own the premises or have received permission from the owner of the premises to make any changes to the premises needed to install the equipment, power the equipment and receive the Services. Additionally, in the case of an apartment or condominium, it is the Subscriber's obligation to confirm that the placement of the antenna in a common area is not in violation of any building owner restrictions. SUBSCRIBER agrees to allow SURFNET or its contractors access to the premises to perform installation, repair, or maintenance activities in support of the Services. Subscriber will NOT use SURFNET services to: 1) OPERATE any Internet Service Provider enterprise, 2) COMPETE in any way with SURFNET or 3) RESELL in any way without SURFNET's prior written approval. Subscriber hereby authorizes SURFNET and/or its authorized contractors to install the equipment necessary to provide SURFNET wireless Services. Subscriber will be the sole interface between the building owner/manager and SURFNET. Any custom installation work that you request, including placing cable under carpet, inside molding, through cabinets, attics, interior walls or crawl spaces may require additional charges. SURFNET will not be liable for any alterations or damage to the premises that result from installation or removal of the equipment or subsequent Acts of God including, but not limited to: holes in roofs and walls, cable wiring, power cabling, antenna mounting brackets, wind or lightning. The SUBSCRIBER will additionally provide SURFNET with code-compliant 110 VAC, 0.25-0.45 Amps (30-54 Watts) electrical service.
SURFNET may revise, modify or discontinue any or all aspects of the Services it provides or change any terms of this Agreement at any time. Notice to you of any revisions or modifications will consist of updating the Service Terms and Conditions on the SURFNET Web site (www.SurfnetC.com) or sending an e-mail to your primary account. SURFNET assumes no responsibility or liability for interruption of the Services.
SURFNET will provide Services to SUBSCRIBER subject to this Agreement, and SUBSCRIBER agrees to receive their statement for Services via Email. An additional service fee of $2 per month applies to SUBSCRIBERS requiring statements via USPS mail. SUBSCRIBER authorizes SURFNET to perform a credit check prior to providing any equipment or Services. If SUBSCRIBER fails to pay all valid charges for the Services when due, SURFNET will charge SUBSCRIBER interest (1.5% per month) on those charges and a late fee of 10% of the owed balance. If SUBSCRIBER fails to pay SURFNET within 30 days of billing date, SURFNET has the right to disconnect the Services without notice and/or send to collection. Upon disconnect, SUBSCRIBER agrees to immediately pay all amounts owed to SURFNET. Reestablishment of Service fees of $50.00 and a penalty of $25.00 apply to ALL disconnected accounts. After disconnection, a valid credit or debit card will be required to reinstate service. If payment is not made in full within 60 days, SURFNET has the right to repossess the SUBSCRIBER's CPE equipment to offset monies owed without liability for damage or trespass. A service charge of $40.00 will be assessed to all Non-Sufficient Funds (NSF) checks as well as an immediate disconnection. A requirement for reinstatement for NSF checks is certified funds for the check and a major credit card to reinstate service and monthly billing.
TERM, AND TERMINATION FEES
This Agreement will have an initial term as designated on the Service Order. At the end of the term, this Agreement will automatically renew for successive one-month periods unless you advise SURFNET in writing that you wish to terminate the Services. SUBSCRIBER can terminate this Agreement within the first 30 days of Agreement for any reason and not pay any termination fees. In which case, SURFNET will refund SUBSCRIBER and "buy back" the equipment at full price, providing equipment is in good condition and working order, but refund will not include labor, installation fees or other fees. If SUBSCRIBER terminates this agreement after the first 30 days, but before the end of the term, SURFNET will assess a termination fee not to exceed $250 for Residential Service for the unpaid balance of the term for Services based upon the number of months left in Service Agreement. SURFNET may at its discretion "buy back" or "credit" the SUBSCRIBER 50% of the current sales price for its SUBSCRIBER equipment (includes antenna/radio, mounting hardware, junction box and power supply) provided equipment is in good condition and working order. SUBSCRIBERS wishing to cancel installation of service within 24 hours of the scheduled install date and time are responsible for payment of a minimum charge of $75. SUBSCRIBERS must return all radio equipment to SURFNET in good working order to be considered for partial credit at SURFNET's option. *If SURFNET provides free or discounted SUBSCRIBER equipment dependent on a Two Year commitment on your part, and that agreement is broken, SUBSCRIBER agrees to pay for the equipment in full.
STANDARD LIMITED WARRANTY, SERVICE, REPAIRS AND INTERFERENCE
SURFNET will provide a limited parts and labor warranty for the equipment and the installation thereof during the initial term of 12 months from the date of installation. This warranty excludes any damage resulting from abuse or negligence, or Acts of God, as determined by SURFNET. This warranty does not cover any internal networking hardware, LANs, computers or other peripherals. This warranty is in lieu of all other warranties, express or implied including, but not limited to any implied warranties of merchantability or fitness for a particular purpose. Any repair or replacement of the equipment and/or correction of an installation problem following the expiration of this Agreement will be SUBSCRIBER's responsibility. Should SURFNET damage the premises during the Services installation or maintenance, SURFNET will compensate the owner of the premises for reasonable, actual and documented costs of necessary repairs, not to exceed $1,000. If, at any time, any electrical output, electromagnetic output, radio frequency or other interference (collectively, "Interference") resulting from apparatuses on the SUBSCRIBER's property, in the sole opinion of SURFNET, adversely affects the operation of its Services, upon notification, the SUBSCRIBER will immediately suspend operation of apparatus until the interference has been corrected to the satisfaction of SURFNET.
SURFNET EXTENDED SERVICE WARRANTY AND HAZARD PLAN LABOR, PARTS AND REPLACEMENT
If you elected to subscribe to the Surfnet Extended Warranty, Surfnet will provide, without charge, the service calls and installation labor required to repair the subscriber unit should damage occur under the terms and conditions stated in this Plan as long as your payments are current. The Surfnet subscriber unit includes; the antenna, radio, interconnecting cable, and associated power supply only. The Extended Warranty covers replacements made necessary because of any damage that occurs to the equipment or is caused by wind, hail, lightning, flood, tornado, and other weather storms, and power surges (�Covered Event�). THE EXTENDED WARRANTY DOES NOT COVER REPLACEMENTS OR REPAIRS MADE NECESSARY DUE TO FIRE UNLESS THE FIRE WAS DIRECTLY CAUSED BY LIGHTNING. Surfnet may cancel this policy at any time with notice to the subscriber.
EXTENDED WARRANTY EXCLUSIONS
The Extended Warranty does not cover replacements or repairs made necessary by any external cause including without limitation, fire, theft, acts of negligence, misuse, abuse, alteration, or unauthorized repairs. In no event shall Surfnet be responsible under this Warranty for consequential or incidental damages, (including but not limited to business revenue loss and personal injury) or damages due to delays or failure in furnishing replacement parts or service. The Extended Warranty does not include preventive maintenance. The plan does not include any internal networking hardware, LAN, or computers. The Extended Warranty is not transferable, unless we consent to such transfer or assignment in writing, and we may withhold our consent to such transfer or assignment in our sole discretion.
SUBSCRIBER agrees to comply with any bandwidth usage or other limitations on the Services provided by SURFNET in its sole discretion. If SURFNET determines that you are exceeding bandwidth limits for the first time, you will be notified by email and given five (5) days to bring your usage within appropriate limits. If excessive use continues after the five-day period, SURFNET may take any action it deems necessary including, but not limited to terminating the Services to ensure that your usage does not adversely affect SURFNET's ability to provide Services to other SUBSCRIBERS. At its earliest convenience, SURFNET will notify SUBSCRIBER if this occurs by email. Overages incurred at the end of the month, are billed at
$2.00 per GB over the documented limit. Additional supplemental Gigabytes (GB) of monthly transfer may be added to your monthly package. When added to your monthly plan, they can be added at a rate of $0.50 per GB. When added to your monthly plan, they will remain for a MINIMUM of six (6) months, and may be cancelled with written notice anytime beyond the six (6) months period. As a SUBSCRIBER of the SURFNET Internet Service, you may be assigned an IP address. This address is controlled by SURFNET and may be provided to you during the time that you use the SURFNET Internet Service. Any IP addresses assigned to you are controlled by SURFNET and are not transferable to any other party. You will not be allowed to maintain this IP address if you discontinue your use of the SURFNET Internet Service. SURFNET may change this address at any time without liability and without prior notice to you. SURFNET will use reasonable efforts to avoid any disruption to you by notifying you at least seven (7) days via email before changing Public Static IP addresses. SURFNET and its partners and affiliates gather information about Internet usage such as the sites visited, session lengths, bit rates and the number of messages and bytes passed. SURFNET uses this information in the aggregate to manage its network. Please refer to www.SurfnetUSA.com to review our Privacy Statement. Occasionally, personally identifiable information obtained from you and from other sources for billing purposes, may be used to provide Services, to anticipate and resolve problems with your Service or to identify, create and inform you of products and Services that better meet your needs. SURFNET will not use or disclose any personally identifiable information regarding Internet usage unless compelled by a court order or subpoena, you consent to the use or disclosure, or to protect SURFNET's broadband Services and facilities. SUBSCRIBER hereby agrees to abide by SURFNET's Acceptable Use Policy. The policy is located at www.SurfnetUSA.com and is hereby incorporated by reference. SUBSCRIBER accesses materials on the Internet at their own risk. SURFNET may deny SUBSCRIBER access to all or part of the Services without notice if this Agreement is breached, including but not limited to, SURFNET's Acceptable Use Policy.
SERVICE LEVEL AGREEMENT
The Surfnet "carrier-class" network provides, and will continue to offer the latest technical advances and highest speeds in fixed wireless services to its subscribers and will make all commercially reasonable efforts to maintain its services. Surfnet stands behind its services offering money-back guarantee (less installation charges) if you are not satisfied any time within the first 30 days of service activation. We guarantee that you will get, at least, one third of the residential maximum speed that your plan allows. SurfNet's goal is to provide each user access to its network 99.5% of the time. This does not include scheduled maintenance, maintenance window outages or testing time. Access and throughput to the Internet will vary, but not be a result of Surfnet network access services.
LIMITATIONS OF LIABILITY AND INDEMNIFICATION
Neither SURFNET nor it contractors will be liable for any loss of data or damage to software or hardware that occurs during installation of or any service performed on your computer in support of SURFNET Services. SUBSCRIBER agrees that it is their responsibility to completely backup their computer prior to installation or service. SUBSCRIBER further agrees that SURFNET and/or its contractors or affiliates are not responsible for any problems with SUBSCRIBER's computer following the installation of or any subsequent service performed in support of SURFNET Services. SUBSCRIBER's exclusive remedy for any and all losses resulting from this installation of equipment and use of the Services, including SURFNET or its contractors' negligence, will be limited to fees paid to SURFNET up to the time the damage is discovered. These Services are provided on an "as is" and "as available" basis without warranties of any kind either express or implied including, but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. Neither SURFNET nor its affiliates warrant that these Services will be uninterrupted or error free or that any information, software or the material accessible on the Services are free of viruses or other harmful components. SURFNET, its affiliates and its contractors will not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages of any nature including personal injuries, property damage or loss of business that result in any way from your use or inability to use the Services or to access the internet or any part thereof, or your reliance on or use of offers, claims, representations, promotions and transactions, information, service or merchandise provided on or through this Internet or the Services, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission or any failure of performance. SUBSCRIBER agrees to indemnify, defend and hold SURFNET, it affiliates and contractors harmless from any claims made by third parties arising out of the use of the equipment and/or the Services provided to SUBSCRIBER or to your authorized SUBSCRIBER, including the placement or transmission of any message, information, software or other materials on the Internet. These limitations on liability and indemnification provisions inure to the benefit of and apply to: SURFNET, subsidiary and affiliated companies, any successor to SURFNET's business by way of merger, purchase of assets, or operation of law, and any subcontractors performing work on behalf of SURFNET.
EXECUTION OF AGREEMENT
This Agreement will become effective by the signing of the final service order.