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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 SERVICE SPECIFICALLY IDENTIFIED AS BEING OFFERED BY 8-Wire, LLC DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICE ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. 8-Wire, LLC HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICE, PRODUCTS, AND OTHER INFORMATION, AND 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, EMPLOYEES, SUBSIDIARIES, ITS 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’ 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 it 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.

The Licensed Programs constitute confidential and proprietary information of 8-Wire, LLC and 8-Wire, LLC’ licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with 8-Wire, LLC and 8-Wire, LLC’ licensors. Member shall not translate, decompile, reverse engineer, distribute, remarket or otherwise dispose of the Licensed Program or any part thereof.

You may not download, use or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Software, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.

WEBSITE USAGE AND OTHER WEB SITES
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because 8-Wire, LLC has no control over such sites and resources, you acknowledge and agree that 8-Wire, LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that 8-Wire, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Some portions of the Website are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by 8-Wire, LLC assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold 8-Wire, LLC harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify 8-Wire, LLC from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Website is posted at your own risk. 8-Wire, LLC will have no liability arising from use of that information. You shall not use the Website to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Website.

Your posting of material on the Website or providing material to 8-Wire, LLC to use on the Website, will be deemed to be a grant by you to 8-Wire, LLC of a perpetual, non-revocable, worldwide, non-exclusive license to the material to include the material on the Website and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material.

TERM OF AGREEMENT
Continued use of the Service constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Service and, if you are a Member, to terminate your account.

TERMINATION
8-Wire, LLC reserves the right, in its sole discretion, to terminate your account, your password and your use of the Service, with ten (10) days’ prior written notice if you have breached this Agreement or for any other reason, the Acceptable Use Policy or 8-Wire, LLC’ other user policies posted on 8-Wire, LLC’ website. You may terminate your account at any time and for any reason by providing notice of intent to terminate to 8-Wire, LLC by:
telephone calls directed to Customer Service at (505) 485-0071;
or certified mail, return receipt requested addressed to 8-Wire, LLC. Email termination of your basic Internet access account will not be accepted. If your account included space on 8-Wire, LLC’ servers, anything stored on this space will be deleted upon termination. Section 2, the third paragraph of Section 3, and Sections 5, 6, 7, 12 and 13 of this Agreement shall survive termination of this Agreement.

MISCELLANEOUS
This Agreement, the Acceptable Use Policy, the Privacy Policy, and 8-Wire, LLC’ other user policies posted on 8-Wire, LLC’ website constitute the entire agreement between you and 8-Wire, LLC with respect to your use of the Service.

8-Wire, LLC may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies, at any time and in any manner. Any revision, amendment, or modification will be effective immediately after 8-Wire, LLC posts it at its website.

ACCEPTABLE USE POLICY
INTRODUCTION
This Acceptable Use Policy (“AUP”) governs your use of the Internet services (“Service”) provided by us (the “8-Wire, LLC”), whether you subscribe to the Service or not, and you agree to all the terms set forth herein. Generally, 8-Wire, LLC does not monitor or edit the content posted by users of the Service or other Internet services that may be available on or through the Service (e.g., newsgroups, chat rooms, message boards, etc.). However, 8-Wire, LLC and its agents reserve the right at their sole discretion to remove any content that, in 8-Wire, LLC’ judgment, does not comply with the AUP or is otherwise harmful, objectionable, or inaccurate. 8-Wire, LLC is not responsible for any failure or delay in removing such content.

In addition, 8-Wire, LLC may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this AUP may result in the suspension or termination of either your access to the Service and/or your 8-Wire, LLC account. You agree to indemnify, defend, and hold 8-Wire, LLC harmless from any claims resulting from your use of this service, which damages you or another party. At our sole discretion, we may revoke your access for inappropriate usage. Use of any information obtained via the Service is at your own risk. 8-Wire, LLC is not responsible for the accuracy, quality, or content of information obtained through the Service. This AUP should be read in conjunction with our Internet Service Agreement and other policies.

VIOLATIONS
The following constitute violations of 8-Wire, LLC’ AUP:
Using the Service to gain unauthorized access to any computer systems.
Using the Service to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated there under.
Using the Service to interfere with access to the Internet by other parties or disrupt the network used by 8-Wire, LLC.
Using the Service to harm, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, race, ethnicity, age, or disability.
Using the Service to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
Using the Service to harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another.
Using the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.”
Adding, removing or modifying identifying network header information in an effort to deceive or mislead.
Using the Service to transmit any unsolicited commercial email or unsolicited bulk email is prohibited.
Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email, whether or not that email is commercial in nature, is prohibited.
Using the Service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of 8-Wire, LLC or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
Using the Service to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Using the Service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
(M) Using the Service to harm minors in anyway.
(N) Reselling the Service without 8-Wire, LLC’ authorization.

REVISIONS BY 8-Wire, LLC OF THIS AUP
8-Wire, LLC reserves the right to revise, amend, or modify this AUP, our Internet Service Agreement and our other policies at any time and in any manner. Any revision, amendment, or modification will be posted in accordance with the terms of the Internet Service Agreement.

Please see the 8-Wire, LLC’ web site if you have any questions regarding this agreement at www.8-Wire.net






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