This Service Agreement (“Agreement”) for the services provided hereunder is made by and between Customer (“Customer”) and Broadband Services, Inc., (BSI) 

1. SERVICE CLASSIFICATION: “Residential service” is service installed in a home used for residential activity. “Commercial service” is service installed in an office building.

2. NO CONTROL OVER CONTENT: BSI exercises no control over, and accepts no responsibility for, the content of the information passing through its host computers, network hubs, and points of presence. Use of any information obtained via BSI is at Customer’s own risk. BSI specifically denies any responsibility for the accuracy or quality of information obtained through its services. BSI shall not be liable for any delay or failure in performance due to Force Majure, which shall include acts of God; earthquake; weather; labor disputes; changes in law, regulation, or government policy; riots; war; fire; epidemics; acts or omissions of vendors or suppliers; equipment failures; transportation difficulties; or other occurrences that are beyond BSI’s reasonable control.

3. ACCEPTABLE USE POLICY: All use of BSI Telecommunication’s services must comply with the then-current version of the BSI Acceptable Use Policy ("Policy"), which is part of this Agreement and is available at the following URL: www.broadbandservicesinc.comt. BSI reserves the right to amend the Policy from time to time, effective upon either posting of the revised Policy at the URL or providing other notice to Customer. BSI reserves the right to suspend the service or terminate this Agreement, effective upon notice, for a violation of the Policy. Customer represents and warrants to BSI that Customer: (a) will not reproduce, publish or distribute content in connection with the service that infringes any third party’s trademark, copyright, patent, trade secret, publicity, privacy or other personal or proprietary right and (b) will use service in compliance with all laws and regulations including, without limitation, prohibition on the use of telecommunications facilities to transmit illegal, obscene, threatening, libelous, harassing, other offensive messages, or otherwise unlawful material. Customer agrees to indemnify BSI, its affiliates, their officers, directors, employees and agents from and against any liability and costs incurred in connection with any claim arising out of any breach by Customer of the representations and warranties contained herein. BSI may participate in the defense at its expense. Customer agrees to indemnify BSI and hold it harmless from any losses, damages, costs, or expenses resulting from any third party claim or allegation ("Claim") arising out of or relating to use of the service, including any Claim that, if true, would constitute a violation of the Policy.

4. TERM: Contract Date; Contract Year. The "Term" of this Agreement will begin on installation, Customer acceptance, or first use, whichever occurs first (“Contract Date”) twelve (12) months following the Contract Date (“End Date”). Following the first 12 month term service will be provided on a month-to-month basis. Any equipment leases or maintenance agreements or any other agreements are separate from the Contract Term.

5. PAYMENT TERMS: Payment for the Installation and first month of service is due immediately upon Contract Date. All Customers must provide the following credit card information which will be utilized for the payment of all BSI charges; (a) Type of credit card [only Visa, Master Card, and American Express are accepted]; (b) Name on the credit card account; (c) Credit card number; (d) Expiration date of credit card; and if requested, the card batch security code. The Customer agrees to keep the required information up-to-date. Accounts are in default if payment is not honored by the designated credit card company when submitted by BSI, and may subject Customer to a BSI reactivation charge of $25. Accounts unpaid for 5 days may have service interrupted or terminated. Such interruption or termination does not relieve Customer of the obligation to pay the Monthly Charge during the initial 12 month contract term. Only a written request or notice to terminate Customer’s service pursuant to Section 4 relieves Customer of the obligation to pay the Monthly Charge during the initial Contract Term.

6. ADDITIONAL INSTALLATION COSTS: There is a standard installation cost for all customers as set forth which includes mounting an antenna directly to the existing structure and running 75-feet of interconnecting cable routed directly on the exterior of the structure. Grounding is a separate line item at additional cost. Interconnecting cable penetration point drilled through wood or gypsum exterior and wall board interior, caulked, and wall plug installed on the interior. One PC, customer supplied router or PC card will be configured to demonstrate Internet connectivity. Operating system to be Windows 98 or later Mac OS 8.3 or later. Valid operating system or recovery disk shall be available at start of installation. Customer shall ensure that the Customer System is operationally and technologically compatible with the BSI Speed’s equipment, as determined by BSI in its sole discretion. Customer shall be responsible for preparing and maintaining the site for the Services, including, but not limited to, providing power and necessary environmental requirements, wiring, communications lines, and configuration of Customer System networks and protocols. Customer's failure to prepare and maintain the site shall suspend BSI’s obligation to perform under this Agreement. 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. BSI will not be liable for any alterations 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 Customer will additionally provide BSI with code-compliant 110 VAC, 0.25-0.45 Amps (30-54 Watts) electrical service. Additional costs for will be assessed and disclosed to customer before installation. , Payment of this installation cost is due upon contract date.

7. EQUIPMENT: In order to receive service, it will be necessary for customer to purchase or lease certain reception equipment consisting of an antenna, router/modem which can interoperate with existing BSI network hardware. Equipment Leasing terms and conditions are with a separate Company and are separate from any agreements with BSI. BSI offers a 30-day Satisfaction Guarantee - Subscriber can terminate service for any reason and not be liable for the balance of the remaining months in the Service Order, less installation charges (If cancelled with in the 30 day Guarantee period). Subscriber hereby acknowledges that additional hardware purchased by subscriber including wireless and wired LAN hardware (e.g. routers, wireless access points, PCs, etc.) belongs solely to the customer, is customer's responsibility, and is not supported by BSI. BSI shall not be held responsible for hardware damaged by Lightning. UBC requires the protection of my indoor equipment with grounding at the cable entrance with an appropriate grounding system. If you choose not to accept the grounding system, liability and replacement is customer's sole responsibility. Only standard manufacturers’ warranties apply for any subscriber purchased equipment.

8. LEASED EQUIPMENT: If you decide to lease your equipment from BSI, such Equipment shall at all times remain the sole and exclusive property of the Leasing Company and they will have the right, to remove the equipment upon Termination of services or the Lease Agreement. You shall not have the right to pledge, sell, mortgage, give away or remove, relocate, alter or tamper with the equipment at any time. You shall notify us promptly of any defect in, damage to, or accident involving the equipment.

9. PREMATURE TERMINATION: If a customer terminates this agreement before the initial 12 month Contract, customer shall be liable for a termination penalty as follows:
a) $150.00 termination fee

10. WAIVER OF TERMINATION PENALTY: If a customer moves his service location out of the BSI coverage area to another area that has no BSI coverage and furnishes BSI with proof of said move, BSI will accept the premature termination. Customer is responsible for returning BSI equipment to the company in good working order within 10 days of the date of termination or for making an appointment with BSI for its technicians to come to the service location and remove the equipment. We charge $100 for disconnection of a prematurely terminated account with waiver. Failure to return the equipment may result in a charge of $250 to the customer’s account.

11. RELOCATION: If customer moves within our service area and wishes to relocate service, a relocation fee of $100 will be charged.

12. PAYMENT: Customer agrees to pay the Installation Fees set forth on the Telecommunications Service Order Form upon completion of the Installation Services. Customer further agrees to pay upon completion of the Installation Services, a pro-rata portion of the monthly service fees listed in this and any other applicable agreement, for the remaining part of the month during which the Installation Services are completed and the last month’s service fee for a full month. Customer shall pay all applicable sales taxes.

13. LATE CHARGES AND RECONNECTION CHARGES: Customer shall pay a late payment charge of 5 percent of the amount due, or the maximum rate permitted by applicable law, whichever is less, on any unpaid amount for each calendar month or fraction thereof that any payments to BSI are in arrears. Customer shall also be subject to a $15 per occurrence fee for each and any time a billing to a credit card is rejected or declined. Customer agrees to pay BSI its reasonable expenses, including attorney and collection-agency fees, incurred in enforcing its rights, should BSI prevail, under these Terms and Conditions. If BSI disconnects the service for non-payment, customer will be subject to a reconnection fee of $25.

14. RIGHT OF ENTRY: Customer grants BSI the right of entry onto customer’s premises to install maintain and remove BSI’s equipment. BSI will use its best efforts to notify the customer that BSI intends to enter the property prior to doing so. BSI will not attempt to enter locked premises without being granted access by owner. Unless otherwise agreed to by the customer, BSI will conduct it service and possible entrance between the hours of 8:30am and 5:00pm Monday through Friday.

15. REMEDY: If BSI causes an error, delay, defect, breakdown or failure in service, which is defined as lasting for more than 4 hours during any calendar month (Service Interruption), an out-of-service credit will be calculated based on a ½ daily prorated credit (1/60) of any monthly service charge Customer paid for service during the period of Service Interruption, provided Service Interruption lasts for more than four (4) consecutive hours after BSI receives notice of the interruption from Customer. The maximum credit allowed shall not exceed the Monthly Charge for the service interrupted. No credit shall be available for difficulties such as Customer equipment failure, slow dial tone, busy circuits, any local telephone company or long distance company network failures, or other causes beyond BSI’s reasonable control. The above prorated credit provides Customer’s sole remedy for any claim relating to this service or BSI. BSI’s records and data shall be the sole basis for all calculations and determinations.

16. SERVICE UP TIME: BSI warrants that service will be provided with an uptime of at least 95% during a calendar month. In the event of an error, delay, defect, breakdown, or Service Interruption, BSI’s obligation shall be limited to the use of reasonable diligence under the circumstances to restore service. Customer’s sole and exclusive remedy in the event of an error, delay, defect, breakdown, or Service Interruption, shall be limited to the daily pro-rated credit set forth in Section 11. BSI shall have no obligation to retrieve or reconstruct lost messages or data. BSI makes no warranty of compatibility with any hardware or software. A BSI internet connection does not create an agreement for repair or maintenance of the Customer’s existing system, hardware, or software. All hardware provided to Customer in connection with providing BSI service, including, without limitation, the antenna, mounting hardware, wiring, and equipment attached to Customer’s computer(s) or network shall at all times remain the property of BSI, and shall be returned to, or permitted to be retrieved by, BSI promptly upon termination of service for any reason. BSI shall be under no obligation to restore Customer’s hardware, software, real or personal property to its condition prior to the installation of BSI software, hardware, or equipment.

17. TERMINATION OF SERVICE: Customer shall have the right to terminate BSI service without penalty if BSI fails to deliver service within the standards defined in Section 15 for a period of 10 consecutive days or more.

18. PROPRIETARY INFORMATION: Neither party may use the other party’s name, trademark, trade names, or other proprietary identifying symbols without the prior written approval of the other party. Customer may not assign or transfer any of its rights or obligations under this Agreement without the prior express, written consent of BSI, provided that Customer may assign or transfer this Agreement to any affiliate of Customer upon advance written notice to BSI. Customer may not sell service to others. Resale of service by Customer shall be cause for BSI to terminate this Agreement without a refund of the Customer’s advanced payment. No failure or delay on the part of either party to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy granted hereby or by law.

19. PRICES: Prices for recurring monthly service, installation and the number of months of advanced payment required may change without notice. The current policy in effect is defined by the public content of the company’s web site at http://www.BSI.net. CUSTOMER UNDERSTANDS AND AGREES THAT, EXCEPT AS STATED IN THIS AGREEMENT, NO OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, APPLY.

20. UNIMPAIRMENT: If any provision of this Agreement is held by a court to be invalid, void or unenforceable, the remainder of this Agreement shall nevertheless remain unimpaired and in effect.

21. ONLY AGREEMENT: These Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Acceptance of this Agreement by BSI may be subject, in BSI’s absolute discretion, to satisfactory completion of a credit check.

22. FEES: In the event that the Federal Communications commission or other lawful authority determines that BSI must contribute to support government programs based upon revenues obtained from the provision of service hereunder, the BSI, without any further agreement of Customer, may impose a fee or charge designed to recover its required contribution, based upon revenues earned under this Agreement.

23. TAXES: Prices are exclusive of any taxes that may be levied or assessed upon the equipment or services provided hereunder and any such taxes shall be paid by Customer. If Customer is exempt from otherwise applicable taxes, Customer must submit its tax identification number and exemption certificate at the same time it submits this Agreement. Charges for BSI service will begin on the installation date, Customer acceptance, or first use, whichever occurs first.

24. NO MODIFICATION: No BSI employee is authorized to make any representation, verbally or in writing, that alters or changes or augments this agreement in any way.

25. AUTHORIZED TO SIGN: Person signing this agreement represents that he / she has the authority to contract for service and commit payment.

26. LIABILITY: NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM CUSTOMER’S OR CUSTOMER’S USERS’ USE OF BSI AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES FOR LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, MISDELIVERIES, OR SERVICE INTERRUPTIONS.

Customer sales questions should be directed to Customer Service at 866-505-2326
Accepted and Agreed to_________________________________________________ Date:______________________________