Internet Access Agreement

EMERALD BROADBAND WIRELESS INTERNET ACCESS AGREEMENT

This online agreement is entered into by and between you the subscriber (Subscriber) and Emerald Broadband, LLC (Emerald Broadband) with offices at 833 Willamette Street, Eugene Oregon 97401, for the purpose of establishing the terms and conditions under which Provider will furnish Wireless Internet Access Service. Usage of Emerald Broadband Internet Network Services constitutes your acceptance of this agreement.

SERVICE TO BE PROVIDED:

Emerald Broadband, under the terms of this agreement, will furnish to Subscriber the selected package of Wireless Internet Access Service agreed upon at time of installation.

TERM OF THE AGREEMENT:>

This Agreement shall be in effect for an initial term commencing with service inception and continuing for as long as service is being provided. Customer has the right to cancel subscribtion to service(s) at any time. Unless the subscriber has purchased all necessary equipment, Emerald Broadband owns all equipment, antennas, cables, and select software—and upon any termination all equipment must be returned to Emerald Broadband. Any unreturned equipment will be billed to the Subscriber in the amount of $300.00 for equipment fees.

PRIVACY:

Emerald Broadband will not release any personal information regarding our customers, except upon presentation of (1) a subpoena issued by a government entity in a civil or criminal investigation or litigation; (2) a civil investigative demand issued by a government entity, or (3) a court order. Emerald Broadband is a private wireless network and the location of our sites and specifics of our operations are proprietary. The sharing of this information with others is a violation of your agreement with Emerald Broadband, and violates our agreements between relay sites.

CHANGES TO SERVICE:

Subscriber may choose to change their Wireless Internet Access package/speed without violating the terms of this agreement. If additional or new equipment is necessary, a change fee may be required to implement the change. A move of service will incur a minimum fee of $60.00. Excess cabling and multiple workstation moves will incur normal hourly labor rates beyond the basic $55.00 equipment move fee. Early termination charges will not apply during the timeframe in which a move of equipment occurs and service is reestablished.

PAYMENT SCHEDULE:

Subscriber will be billed installation charges, as well as the appropriate rates for the Wireless Internet Access Service speed selected at the time of the first bill. Emerald Broadband reserves the right to request payment for any and all equipment associated with the initial installation for wireless Internet access in advance. Wireless Internet Access Service charges are due and payable monthly in advance. Failure to pay monthly service charges by the 15th day after date of invoice, shall give Emerald Broadband the right, without liability, to temporarily disconnect Wireless Internet Access Service. Emerald Broadband is not liable for any loss of business, loss of phone service, or any style of Internet services from a deactivated Internet account. A returned check will be considered non-payment of the account. Restoration of service will require payment of any unpaid balance and a reconnect charge of $50 may be applied. If service is not reconnected within seven (7) calendar days, the Wireless Internet Access Service will be permanently disconnected. To restore service after a permanent disconnect, payment of the full unpaid balance, early termination charge, and pre-payment of new installation charges may apply.

LATE PAYMENT FEES:

A late payment fee of $10.00 per month may be added on accounts not paid within thirty (15) days of billing. RETURNED CHECK CHARGE: A $25.00 processing fee will be charged on all returned checks.

REFUNDS:

Service is billed in monthly intervals. No partial refunds will be given for accounts canceled after invoice date.

CUSTOMER PROVIDED EQUIPMENT:

Any equipment not purchased from Emerald Broadband is customer provided equipment. Emerald Broadband is not responsible for support of customer provided equipment and Subscriber will be liable for the expense of a service call if such equipment adversely affects Wireless Internet Access Service.

CUSTOMER INSTALLATION:

The installation date and time will be determined by Emerald Broadband and communicated to Subscriber as early as possible. Prior to or during installation, Subscriber and Emerald Broadband will determine if Subscriber’s computer(s) are configured appropriately for the Wireless Internet Access Service connection. If not, Subscriber will be required to purchase or provide the appropriate hardware for the service to work. Installation of said equipment can be installed by Provider for a fee. In the event a Subscriber installs a network utilizing the provided Wireless Internet Access Service modem, it is with the clear understanding that Emerald Broadband is not responsible for any problems that may occur. Emerald Broadband will not dispatch a technician to Subscriber’s location to resolve any computer and/or network-related problems without an associated fee. Emerald Broadband will not perform work on any of Subscriber’s computers without an associated fee.

SERVICE CALLS:

If Emerald Broadband is called to Subscriber’s site and it is determined that the problem is other than the Wireless Internet Access Service and/or the Wireless Internet Access interface, a minimum service fee of $55.00 will be charged for the first hour and in half hour increments thereafter. The stated rates apply during regular business hours. Overtime, weekend, and holiday rates will be higher. Travel and related charges may also apply. The provided Wireless Internet Access Service hardware is warranted by its manufacturer for a period of one (1) year. During the one (1) year manufacturer’s warranty period Emerald Broadband will support the hardware for problems covered by the manufacturer’s warranty. Service calls determined to be the result of an out of warranty Wireless Internet Access Service modem will be charged to Subscriber.

SERVICE DELIVERY:

Wireless Internet Access connection speed (768 kbps to 15.0 Mbps, depending on package chosen) is measured between Subscriber’s location and the Provider access point. Connection speeds may be lower under conditions of high Internet usage. Actual data transmission or throughput may be lower than the connection speed due to Internet congestion, server or router speeds, protocol overheads, and other factors which cannot be controlled by Emerald Broadband.

DELAY:

Emerald Broadband will not be liable for any delay in the delivery or installation of Wireless Internet Access Service or for any damages suffered by Subscriber by reason of such delay regardless of whether such delay is directly or indirectly caused by Emerald Broadband.

CONSEQUENTIAL DAMAGES:

Emerald Broadband is not responsible for any incidental or consequential damages resulting from failure of, or suspension of, Wireless Internet Access services.

Voice Over IP (VOIP): Emerald Broadband does support, but does not guarantee Voice Over IP Protocol. Any number of factors can take down a Voice Over IP telephone line. We suggest either a backup land line or a cellular phone if you use the Voice Over IP services.

TV Over IP (IPTV): Emerald Broadband does support, but does not guarantee TV Over IP Protocol. Any number of factors can take down a TV Over IP television line. We suggest either DirecTV, Dish Network, or other TV service provider if you continue to have problems with TV over IP Protocol.

ADDITIONAL TERMS:

If either party commences an action against the other party to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs from the non-prevailing party. If any provisions of this Agreement are held to be illegal, invalid, or unenforceable, such shall not invalidate the remaining provisions hereof. This contract supersedes any previous agreements, verbal or written. In the event of legal action arising out of or related to this Agreement, including claims for non-payment of amounts owed here-under, Lane County, Oregon shall be the exclusive jurisdiction and legal venue for said action and this Agreement shall be construed according to the laws for the State of Oregon.

Emerald Broadband, takes great pride in our high-speed network. We also recognize that unexpected traffic on our network and/or the Internet can at times impact our customers reducing their throughput speeds. Many factors are involved in this potential problem and our commitment is that Emerald Broadband will do everything possible to proactively monitor, evaluate and control the factors within our direct control. In addition, we continually evaluate new technologies to ensure we evolve our network as technologies change thus allowing us to deliver state-of-the-art products to our customers.