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INTRODUCTION: Smith Internet Solutions (SIS) provides its customers a high-speed wireless Internet connection, which we refer to as the “SERVICE”. The Acceptable Use Policies (AUP) are intended to provide protection for our customers and the Internet community, while also allowing SIS to fairly share its network to all customers. SIS may modify the Terms and Conditions of this agreement at any time. The most current Terms and Conditions can be found on the SIS web site at www.smithinternetsolutions.com. The prices for service are subject to change. Current prices, as well as SIS AUPs, can be found on our website at www.smithinternetsolutions.com. Customer refers to any paying individual, organization or business using the SIS service.

USE OF SERVICE AT YOUR OWN RISK: The customer is solely responsible for the content of communications on the Internet. The service provided by SIS is “as is” and at your own risk. SIS denies any responsibility for the accuracy of information obtained through the service. The transmission of data over an Internet connection is subject to errors, delays, and interruptions. SIS is not responsible or liable for any errors, delays, or interruptions. The customer understands that current regulatory and technical issues prohibit expectation of privacy when using Internet services.

SERVICE DISRUPTION: SIS does not guarantee uninterrupted service. We will not and cannot be responsible for any disruption of Internet connectivity due to power outages, network faults or acts of the big man (GOD), SIS equipment malfunction or any natural disaster (including weather). All Internet service is provided on an “as is” and “as available” basis. SIS does not guarantee any loss of service time, transmission errors, connectivity or quality of service. The customer acknowledges and agrees that the service is not intended to be, and will not be used as, your primary or “life-line” telecommunications service.

INSTALLATION: The customer authorizes SIS or its contractor(s) to install the necessary wiring, hardware and Subscriber Unit (SU/CPE) required for wireless Internet service on the premises specified by the customer at the time of installation. The standard installation includes the mounting of an antenna and/or SU/CPE, a wireless transceiver on the outside of the house and/or building, the routing of cable(s) by the most direct path to one computer and/or router on the customer’s premises. Fishing of walls and/or attic crawling is not included with standard installation. SIS maintains ownership of the SU/CPE. The customer gains ownership of all other cabling and mounting equipment needed in a standard installation. The connecting of multiple computers at the customer’s premises may require additional costs in equipment and wiring. Any requests for custom installation work will require additional charges by our contractor(s). SIS and its contractor(s) will not be liable for any alterations to customer’s premises that result from the installation or removal of the SU/CPE, mounting equipment, and/or wiring including, but not limited to, any holes in walls or roofs from cable wiring, antenna mounting brackets, and/or tripods; although great care will be used to make the installations reasonably appealing.

OBSTRUCTIONS: Wireless Internet communications is dependent on a clear Line of Sight to the Access Point (AP), which is the point where the wireless connects to our broadband ISP partner(s). SIS will make every reasonable effort to provide our customer with the best service possible. Unfortunately, some locations could experience changes in service due to seasonal changes, i.e. spring and summer foliage, which in turn affects the line of sight to the AP. SIS will make every reasonable effort to relocate or realign the SU. However, SIS cannot prevent Line of Sight problems, and therefore cannot guarantee service or be liable for any loss of service.

PAYMENT POLICY: The payment is due and will be auto-drafted on the first day of every month. SIS will invoice its customers monthly by email only, with the exception of the first invoice which will be prorated for the remainder of the existing month and will include equipment and set up fee and is due at the time of installation. The invoice balance may be paid with debit card, credit card, or routing and account number. It is the customer’s responsibility to update payment information. In the case of a transaction being rejected for Non-Sufficient Funds (NSF) the customer understands that SIS may at its discretion attempt to process the charge again within 30 days and agrees to an additional $30.00 charge for each attempt returned NSF which will be initiated as a separate transaction from the authorized recurring payment. SIS is not to be held responsible for any overdraft or NSF fees incurred by the customer. Any account not paid by the 5th day of the month will have their service interrupted. A $15.00 Administration Fee will be required to enable service. AFTER 30 DAYS LATE THE SERVICE WILL BE CANCELED. The balance due, plus a $30.00 administration fee, must be paid in full to reactivate account. A deposit or full annual payment may be required.

UNACCEPTABLE USE: SIS may, at its discretion, immediately terminate or reduce service to the customer upon any single or multiple incidents of the following conditions: A. Failure to pay service fees in a timely manner; B. Interfering with the distribution of Internet service to other customers and/or their equipment on the SIS wireless network (see also AUP); C. Propagation of computer viruses and/or spyware (see also AUP); D. Unauthorized entry into another person(s) or organization(s) computer, systems, and/or information (see also AUP); E. Unsolicited blanket emailing known as “spamming”, (see also AUP); F. Any violation of local, state, federal or international law or that of any Sovereign Nation, as well as SIS AUPs; and G. Forgetting to send your Mom a card on Mother’s Day.

EXCESSIVE BANDWIDTH CONSUMERS: Customer activities that consume unusually large amounts of bandwidth can be multiple computers on the same connection, programs or servers which provide services to others via the SIS network, streaming movies and music and some types of gaming software. When excessive consumption of bandwidth over the Pricing Plan Limit by a customer prevents all customers fair access to the SIS wireless network, we reserve the right to take necessary steps to correct the problem. These steps include, but are not limited to: limiting bandwidth, disabling communication protocols, and discontinuing service without prior notice.

SERVICE SHARING: If at any time SIS discovers that the customer is sharing their service or has networked to others outside of the premises, without the express written consent of SIS, service will be immediately terminated to the customer with no refunds of any kind.

INDEMNIFICATION: Customer agrees to indemnify and hold harmless SIS, it’s owner(s), partner(s) and contractor(s) against all losses, liabilities, judgments, awards and costs (including legal fees and expenses) arising out of or relating to any and all claims and/or losses accruing or resulting from the installation of service, equipment, materials or supplies in connection with the performance of this agreement, to any and all customers and/or any other person, firm, organization or corporation.

CUSTOMER EQUIPMENT: SIS is not responsible for maintaining or supporting any equipment owned by the customer and is not liable for any damages to or by the SU/CPE, computer(s) or other equipment. For security reasons, customers may have limited log in availability to the SU or CPE while on the SIS network.

SPAMMING: Spamming is the sending of unsolicited e-mails (see also SIS AUP). SIS will not tolerate any type of spamming. Internet service of a spamming customer will be immediately disconnected without prior notice and will not be eligible for any refund(s) for termination of service due to spamming.

CANCELLATION: A customer wishing to cancel service must submit a cancellation request in writing. SIS will not refund any “set-up,” “installation,” or “monthly fees.” Any discounted rates or service referral credits shall be forfeited on cancellations. The customer will continue to be liable under these Terms and Conditions for all fees and charges until such time as we have acknowledged such termination in writing.