INTERNET AGREEMENT AND ACCEPTABLE USE POLICY
8-Wire, LLC, its subsidiaries and affiliates, as well as any other person or entity doing business as 8-Wire High-Speed Wireless Internet (“8-Wire High-Speed”), strives to provide, through its 8-Wire High-Speed product, the highest quality High-Speed internet service (“Service”) to each of its Customers.

INTERNET SERVICE AGREEMENT

INTRODUCTION
We are committed to complying with the Children’s Online Privacy Protection Act. Accordingly, if you are under the age of 13, you are not authorized to provide us with personally identifying information, and we will not use any such information in our database collection activities. We appreciate your cooperation with this federally mandated requirement.

By using this Internet service (“Service”) or by establishing an account, you agree to be bound by this Agreement and to use the Service in compliance with this Agreement, our Acceptable Use Policies and all other use policies (collectively, the “Terms of Service”). If you do not agree to the Terms of Service, including any future revisions, you may not use the Service, and if you have an account you must terminate it as provided herein. We, your Internet service provider (“8-Wire, LLC”), reserve the right to revise the Terms of Service and you accept sole responsibility for periodically reviewing them for any and all changes. Your continued use of this Service following the posting of any revisions to the Terms of Service constitutes your acceptance of those revisions.

SUBSCRIBER OBLIGATIONS
(A) End users establishing an account with 8-Wire, LLC (“Members”) must be at least 18 years old.

(B) Members must (i) provide 8-Wire, LLC with accurate and complete billing information including legal name, address, telephone number, and credit card/billing, and (ii) report to 8-Wire, LLC all changes to this information within 30 days of the change. Members are responsible for all charges to their account.

Members are billed each month for the basic service and any additional usage or services. Members are responsible for paying all charges billed to their account in the manner and method prescribed on their invoice. 8-Wire, LLC is not responsible for any charges or expenses (overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by 8-Wire, LLC. If 8-Wire, LLC has failed to pay any underlying service provider all amounts owing for your account – whether or not you have paid 8-Wire, LLC – your account will be subject to suspension or cancellation until you or 8-Wire, LLC has paid all amounts due. Delinquent accounts may be suspended or canceled at 8-Wire, LLC’ sole discretion; however, charges will continue to accrue until the account is canceled. 8-Wire, LLC may bill an additional charge to reinstate a suspended account.

A SPECIAL NOTE CONCERNING MINORS
Protecting children’s privacy is especially important to us. It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws. 8-Wire, LLC recommends that children ask a parent for permission before sending personal information to 8-Wire, LLC, or to anyone else online.

MEMBER’S ACCOUNT, PASSWORD AND SECURITY
Members receive a user name, password and account designation upon registration. You and members of your household are the only authorized users of your 8-Wire, LLC account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Service through your account. You must notify 8-Wire, LLC within 24 hours of discovering any unauthorized use of your account.

Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding 10MB in size may, at 8-Wire, LLC’ discretion, be transferred to a compressed temporary file or storage. 8-Wire, LLC may delete the temporary file from the server 60 days after notifying you. Any Member Web site exceeding 5MB of disk space or 250MB of data transfer will be billed for excess usage. You may establish a commercial or high-volume account by 8-Wire, LLC.

Usernames, passwords and email addresses are 8-Wire, LLC’ property and 8-Wire, LLC may alter or replace them at any time.

MONITORING THE SERVICE
8-Wire, LLC has no obligation to monitor the Service, but may do so and may disclose information regarding the use of the Service for any reason if 8-Wire, LLC, in its sole discretion, believes that it is reasonable to do so, including but not limited to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its Members. Please see our Privacy Policy. 8-Wire, LLC may immediately remove your material or information from 8-Wire, LLC’ servers, in whole or in part, which 8-Wire, LLC, in its sole and absolute discretion, determines to infringe another’s property rights or to violate our Acceptable Use Policy.

DISCLAIMER OF WARRANTIES
Except for certain products and services specifically identified as being offered by 8-Wire, LLC, it does not control any materials, information, products, or services on the internet. The internet contains unedited materials, some of which may be sexually explicit or offensive to you. 8-Wire, LLC has no control over and accepts no responsibility for such materials. You assume full responsibility and risk for the use of the service and the internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, as well as the quality and merchantability of all merchandise provided through the service or the internet. The service is provided on an “as is” and “as available” basis. 8-Wire, LLC does not warrant that the service will be uninterrupted, error-free, or free of viruses or other harmful components. 8-Wire, LLC makes no express warranties and waives all implied warranties, including but not limited to warranties of title, non-infringement, merchantability, and fitness for a particular purpose regarding any merchandise, information, or service provided through 8-Wire, LLC communications or the internet generally. No advice or information given by 8-Wire, LLC or its representatives shall create a warranty.

LIMITATION OF LIABILITY
Under no circumstances shall 8-Wire, LLC, its employees, subsidiaries, licensors, or any underlying service provider be liable for any costs or damages arising directly or indirectly from your use or inability to use the service or the internet, including any indirect, incidental, exemplary, multiple, special, punitive, or consequential damages. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if 8-Wire, LLC has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, 8-Wire, LLC’s liability in such jurisdictions shall be limited to the extent permitted by law.

INDEMNIFICATION
Upon a request by 8-Wire, LLC, you agree to defend, indemnify, and hold harmless 8-Wire, LLC and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including reasonable attorneys’ fees that arise from your use or misuse of this site. 8-Wire, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with 8-Wire, LLC in asserting any available defenses.

SOFTWARE LICENSE
8-Wire, LLC grants to each Member a limited, non-exclusive, non-transferable and non-assignable license to install and use the 8-Wire, LLC access software (including software from third-party vendors that 8-Wire, LLC distributes) (in object code format), its associated documentation, and any updates thereto (“Licensed Programs”) in order to access and utilize the Service. Each Member agrees to use the Licensed Programs solely in conjunction with the Service and for no other purpose. 8-Wire, LLC may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to a Member.

8-Wire, LLC may disable or restrict the use of any software, tools, or other means for accessing the Service, and any such actions may limit a Member’s ability to access the Service.

PAYMENT POLICY
Members must pay for all Services in advance. If a Member fails to pay for the Service as described herein, 8-Wire, LLC may suspend or terminate the Member’s Service.

TERMINATION OF SERVICE
Either party may terminate this Agreement at any time upon written notice. 8-Wire, LLC may terminate or suspend any Member’s access to the Service at any time, without prior notice, for any conduct that 8-Wire, LLC believes violates this Agreement or any policies or guidelines established by 8-Wire, LLC for the Service. Upon termination, 8-Wire, LLC shall not be liable to any Member or third party for termination of Service. If a Member’s Service is terminated for any reason, 8-Wire, LLC is entitled to retain any and all fees paid in advance by the Member for any Services which were not utilized.

GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico without regard to its conflict of laws principles. You agree to submit to the personal jurisdiction of the state and federal courts located in San Juan County, New Meixco for the resolution of any dispute regarding this Agreement.

DISPUTE RESOLUTION
If a dispute arises between you and 8-Wire, LLC, you agree to the following: (a) provide written notice to 8-Wire, LLC of the dispute within 30 days of the date that you become aware of the dispute; (b) use your best efforts to resolve the dispute through informal discussions with 8-Wire, LLC; and (c) if the dispute is not resolved within 60 days of your notice, you may seek resolution in accordance with the rules of the American Arbitration Association, in San Juan County, New Meixco. Any arbitration will be conducted on a confidential basis.

NO WAIVER
The failure of 8-Wire, LLC to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

MODIFICATION OF AGREEMENT
8-Wire, LLC reserves the right to modify the terms of this Agreement at any time. 8-Wire, LLC will notify Members of changes to this Agreement by posting a notice on the web site. Your continued use of the Service constitutes your acceptance of the modified Agreement.

ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and 8-Wire, LLC with respect to the Service and supersedes all prior agreements, understandings, and negotiations, whether oral or written, regarding the Service.