Internet Service Agreement

1. Service Agreement Term

Service Agreement Term is for 1 year. Term period includes a thirty (30) day satisfaction guarantee period, beginning after service is installed. Service provided includes both connectivity and Internet access. The T3 VoiceNet Acceptable Use Policy applies to this agreement. The T3 VoiceNet equipment installed at the customer premises is the property of T3 VoiceNet and must be returned promptly upon termination of the service. After term end, Service Agreement will automatically be renewed for subsequent 30-day periods unless written notice is provided 30 days prior to term end. Prices and terms are subject to change by T3 VoiceNet.

2. Payment Policies & Terms

Payment for services shall be due on the first of each month in advance for services to be provided for that month. Payments not received by the fifth day of the month shall be deemed delinquent and subject to a thirty-dollar ($30.00) late payment fee. Accounts with a delinquent balance outstanding as of the 15th of the month shall be subject to immediate suspension of all services until the outstanding balance is paid in full. For any subscriber account that has been placed on suspended service, there shall be due a reconnection charge to reactivate Subscriber’s services. Delinquent accounts shall accrue interest at 1.5% per month on all outstanding principal amounts until paid in full.

3. Account Termination

Subscriber may request termination of this agreement by submitting a written request for termination by certified mail to T3 VoiceNet at the address listed in the agreement. All termination requests must be received 30 days in advance. Requests received after the 1st of the month will be processed, upon approval, on the last day of the month in the subsequent month that the request was received. Accounts are not subject to termination until the agreed upon service term has expired.

4. Equipment & Scope of Work

All equipment (radios, antennas and standard mounting equipment), except for equipment purchased and paid for in full by the Subscriber, will at all times remain the property of T3 VoiceNet. Subscriber may not sell, transfer, lease, encumber or assign all or part of the equipment to any third party. Subscriber shall pay for the full retail cost of, or the repair or replacement of, any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned equipment or part thereof, together with any costs incurred by T3 VoiceNet in obtaining or attempting to obtain possession of any such equipment. On expiration or termination of this Agreement, Subscriber authorizes T3 VoiceNet to retrieve from Subscriber’s premises the equipment for appropriate disposition.

5. Non Standard Connections

In the event of an aborted connection due to insufficient line of sight to an access point, Subscriber will receive a report of the connection options available. The report will include optional mounting configurations and their respective costs. Subscriber may at that time choose one of the available options or decline services. If the Subscriber declines services, Subscriber will be refunded monthly fees from date of notice, not to exceed a one-month fee.

6. Permitting & Landlord Approval

It is the Subscriber’s responsibility to obtain any required permits or to gain landlord approval for the placement of the antenna on the Subscriber’s building. T3 VoiceNet may assist or provide this service for an additional charge. Landlord consents to the installation, maintenance and removal of the equipment described herein and required by Subscriber to receive T3 VoiceNet’s services.

7. Service Calls

T3 VoiceNet is responsible for maintenance repairs of its equipment. If a service call problem is determined to be a Subscriber network issue, or due to Subscriber neglect, a service call charge will be billed. Billable service calls will incur an hourly rate of $125.00 with a 1/2 hour minimum.

8. Not Covered by T3 VoiceNet

Maintenance or replacement of parts damaged or lost through catastrophe, accident, lightning, neglect, misuse, transportation, theft, fault or negligence of Subscriber or causes external to the VoiceNet system, such as failure of or faulty electrical power or air conditioning, operator error, or malfunction of Subscriber’s computer and/or peripheral equipment not installed by T3 VoiceNet, or from any cause related to or other than the intended and ordinary use.

9. Use of Material

All content downloaded or uploaded using T3 VoiceNet’s system shall remain the sole responsibility of the Subscriber. The Subscriber assumes all risks associated with material, including but not limited to copyright restrictions, trademark restrictions, service mark restrictions, confidentiality limitations, trade secrets, patent restrictions or any other intellectual property tangible or intangible rights associated with the material.

10. Use of Services

Subscriber is expressly prohibited from reselling any services (including downloads for resale) offered by T3 VoiceNet under this agreement without prior written consent of T3 VoiceNet. Subscriber is prohibited from hosting any website dedicated to the sale or dissemination of pornographic materials and/or containing content of a sexually explicit nature. Subscriber understands and agrees that this service may be utilized solely for lawful purposes and that use in connection with anything that violates applicable municipal, state, county or federal law or regulation is expressly prohibited. Subscriber agrees that its use of the services shall not infringe upon use by other subscribers. Subscriber is prohibited from sending unsolicited advertising or promotional materials to other T3 VoiceNet subscribers. Should Subscriber violate any provision of this section, T3 VoiceNet may at its sole discretion immediately suspend services and terminate this agreement. T3 VoiceNet liability for termination under this provision shall be limited to a refund of any unearned prepaid service fees and shall not include incidental or consequential damages.

11. Abuse of Services

Any use of the T3 VoiceNet system that disrupts normal use of the system for other subscribers is considered abuse of services. Propagation of computer worms or viruses or use of the network to make unauthorized entry to computational, information or communication devices or resources of others is a violation of this agreement. Use of T3 VoiceNet’s services to modify, alter, reverse engineer, decompile or disassemble any proprietary work in whatever form is a violation of this Agreement. Failure of any Subscriber running IPX to use an IP tunneling protocol and/or broadcast of Routing Internet Protocol (RIP) is a violation of this Agreement. Violators will be subject to termination of service by T3 VoiceNet. Termination under this section shall have no liability other than refund of any unearned prepaid service fees.

12. Indemnification / Release

Subscriber, its agent, successor and/or assigns expressly agrees to indemnify and release T3 VoiceNet, its affiliates, subcontractors, employees, agents, assigns or successors from any liability for claims, losses, actions, damages, suits or proceedings arising out of or related to Subscriber’s installation of, use of or termination of T3 VoiceNet’s services, including access to content uploaded or downloaded using T3 VoiceNet’s services. Subscriber further releases T3 VoiceNet from responsibility or liability related to the accuracy, quality or confidentiality of information available by or through T3 VoiceNet’s systems, and agrees to indemnify and hold harmless T3 VoiceNet from claims, causes of action, losses or damages including attorney’s fees arising from Subscriber’s installation, use or termination of T3 VoiceNet’s services.

13. Disclaimer

T3 VoiceNet assumes no responsibility for content contained on the Internet or otherwise available from any source accessible via T3 VoiceNet’s services. Subscriber acknowledges that content available through the services may be offensive to some individuals or may not comply with local, state or federal laws, rules or regulations. Subscriber acknowledges that use of T3 VoiceNet’s services to access information, content or other services is at Subscriber’s own risk.

14. Governing Law and Venue

The laws of the State of Texas shall govern the terms of this Agreement. The parties stipulate and agree that exclusive venue for resolution of disputes concerning this Agreement shall be Midland County, Texas.

15. Arbitration & Attorneys Fees

Subscriber and T3 VoiceNet agree that any controversy or claim between them arising out of or relating to this Agreement shall be settled exclusively by arbitration conducted in accordance with the commercial arbitration rules then in force of the American Arbitration Association. The arbitration award shall be final and binding on both parties. Judgment upon such arbitration award may be entered in any court having jurisdiction. Subscriber and T3 VoiceNet agree that should either party bring action for enforcement, interpretation or otherwise under this Agreement, the prevailing party shall be entitled to attorney’s fees and costs including those incurred in any appeal.

16. Entire Agreement

This Agreement constitutes the entire Agreement between the parties and no other representations or statements will be binding upon the parties. If any part of this Agreement is held invalid or unenforceable for any reason, the remaining terms and conditions shall remain in full force and effect.

17. Special Provisions

Customer is responsible for providing and maintaining a compatible Ethernet broadband router.