Terms of Service & Acceptable Use Policy

THIS WIRELESS INTERNET ACCESS SERVICE AGREEMENT ("AGREEMENT") IS BETWEEN YOU AND MOUNTAIN INTERNET SERVICES, LLC (MOUNTAIN INTERNET). THIS AGREEMENT IS SOMETIMES REFERRED TO AS THE "TERMS OF SERVICE". BY USING MOUNTAIN INTERNET'S WIRELESS BROADBAND INTERNET ACCESS SERVICE (THE "INTERNET ACCESS SERVICE"), ANY OTHER INTERNET SERVICE, ANY RELATED OPTIONAL SERVICES (THE "OPTIONAL SERVICES"), OR ANY EQUIPMENT PURCHASED OR LEASED BY YOU FROM MOUNTAIN INTERNET ("EQUIPMENT"), (THE INTERNET ACCESS SERVICE AND THE OPTIONAL SERVICES ARE COLLECTIVELY REFERRED TO AS THE "SERVICE"), YOU AGREE TO BE BOUND BY AND COMPLY WITH THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT. THE ADDITIONAL TERMS STATED IN YOUR ORDER CONFIRMATION (WHICH DETAILS THE SERVICE PLAN(S) YOU HAVE AGREED TO PURCHASE) ARE INCORPORATED HEREIN BY REFERENCE AND ARE PART OF THIS AGREEMENT. ALL PORTIONS OF THE TERMS OF SERVICE SET FORTH IN THIS AGREEMENT APPLY TO THE MOUNTAIN INTERNET PRODUCTS AND SERVICE, UNLESS OTHERWISE SPECIFIED.
PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT INCLUDES MANY IMPORTANT TERMS, INCLUDING:

LIMITS AND DISCLAIMERS ON MOUNTAIN INTERNET'S LIABILITY AND WARRANTIES;
FEES FOR EARLY TERMINATION;
THE REQUIREMENT THAT DISPUTES BE SETTLED BY ARBITRATION, AND NOT BY LAWSUIT;
A WAIVER OF ANY RIGHT TO TRIAL BY JURY OR PARTICIPATION IN A CLASS ACTION; and,

1. Agreement Governing Use of Service. The current version of this Agreement (including the Service Plans) can be found at http://www.mtnisp.com. Mountain Internet reserves all rights including the right to revise, amend, or modify this Agreement or any other policy at any time, by sending you an email notification to the email address associated with your account, or by announcing any amendments or modifications in the "Service Announcements" section of the Mountain Internet website. Such amendments or modifications will become effective on the date we send them to you by email, or the date we announce them on our website, whichever is earlier; afterwards, your continued use of the Service or Equipment will constitute your acceptance of any such amendments or modifications.

However, if you do not wish to continue Service after a change that is materially disadvantageous to you, you may terminate this Agreement by providing written notice to Mountain Internet within twenty (20) days of the effective date of the modification, and you will not be charged any Early Termination Fee (as described below). Service(s) may require third party software to be installed in order to function. Mountain Internet shall not be liable for any use or installation of such software. Any third party software installed shall be governed by that third party end user license agreement that can be found at www.mtnisp.com. By accepting this Agreement, you agree to accept the terms of those third party end user license agreements.

2. Term of the Service; Termination Fees.

Term of the Service

(a) Month to Month Subscriber - If you purchased a monthly subscription, you will be able to use the Service for any consecutive monthly period which has been paid in advance as described in your Order Confirmation. We bill on a calendar month basis, therefore we will prorate your first months service to correspond with our normal billing.

(b) Term Subscriber - If you purchased a term subscription, you will maintain Service for the duration of any minimum "Initial Term" (as set forth on the Order Confirmation) and any Renewal Term (defined below). If during the Initial Term or any Renewal Term you decide to change to another service plan with different rates or features or add Optional Services to your existing Internet Access Service, then you agree that Mountain Internet may restart the Initial Term or any Renewal Term for the Service, as applicable, from the beginning of such change in plan or addition of service. At the end of an Initial Term or any Renewal Term you will be prompted to let us know if you wish to (i) terminate your Service, (ii) accept a new Service plan for an additional Term (each a "Renewal Term") according to fees in effect at the time of the offering, or (iii) continue to use the Service on a month-to-month basis according to the then-current fee schedule in effect. If you elect option (iii) please be advised that your monthly-rate may be changed by Mountain Internet at any time to be effective the following month. If you fail to make any election or otherwise fail to respond to our prompt, Mountain Internet will continue your Service on a month-to-month basis according to the then-current fee schedule in effect, which fee schedule may be changed by Mountain Internet at any time to be effective the following month.

Termination Fees

If your Mountain Internet account is subject to a minimum Initial Term or Renewal Term and you terminate that Service for any reason, including relocation outside a coverage area, or that Service is terminated by Mountain Internet for any violation by you of the Agreement prior to the end of the Initial Term or any Renewal Term, as applicable, you may be liable for an early termination fee (the "Early Termination Fee"). The Early Termination Fee, if any, applicable to your account will be described in your Order Confirmation.

Terms Applicable to all Mountain Internet Services Accounts

Subject to applicable law, you expressly agree that all applicable monthly subscription and/or other fees and charges will accrue until this Agreement has terminated, the Services have been disconnected, and all leased Equipment has been returned to Mountain Internet. Monthly Service fees will not be pro-rated. Upon termination or expiration of this Agreement for any reason, Mountain Internet and its suppliers reserve the right, to the extent permitted by applicable law, to delete any voicemails, data, files, electronic messages or other information stored on Mountain Internet's or its suppliers' servers or systems. Mountain Internet, its affiliates and their agents and suppliers will have no liability whatsoever as the result of the loss of any such data, names or addresses or other information.

Mountain Internet reserves the right, in its sole discretion, to waive any applicable Early Termination Fees on a case by case basis. From time to time, Mountain Internet may reasonably require you to cooperate with and consent to remote and/or on-site (i) service level verification, and/or (ii) troubleshooting by Mountain Internet. You agree that failure to comply with our reasonable requests constitutes grounds for termination of your Service, in which case you will be liable for any Early Termination Fee applicable to your account.

4. Payments and Invoices/Metered Billing. You will make payments to Mountain Internet for the Service and Equipment using your credit, debit, or other acceptable bank card (the "Card") or through an electronic funds transfer ("EFT") that debits funds directly from a bank account that you designate or by cash or check. You will ensure that the Card and/or EFT-related information you have provided to Mountain Internet is valid at all times. Failure to provide valid Card information or Card status may result in Service suspension or termination, late charges, re-activation fees, Early Termination Fees, and other fees and charges attributable to you as a result of your failure to timely pay your account balance(s). Monthly charges will be automatically charged to your Card or debited via EFT from your e-check account on record, as specified in any applicable recurring payment plan you enter with Mountain Internet. You expressly agree that Mountain Internet may charge your Card all amounts associated with your Mountain Internet account. You will pay Mountain Internet all outstanding balances when due.

5. Billing Disputes. You must notify Mountain Internet in writing no later than thirty (30) days after receiving your Card or bank account statement if you dispute any Mountain Internet charges on that statement or such dispute will be deemed waived. Mountain Internet will resolve all billing disputes in its sole discretion.

6. Delinquency/Late Fees.

a. Accounts not paid in full by the due date are subject to suspension or termination by Mountain Internet. In addition, Mountain Internet may terminate your Service if your Card expires or the bank account is closed or suspended and you have not provided Mountain Internet with a valid replacement Card or EFT-related information. In the event of such suspension or termination by Mountain Internet, you will pay Mountain Internet any outstanding fees and all collection costs and fees, including reasonable attorneys' fees and late fees, incurred or charged by Mountain Internet. Mountain Internet may, but is not required to, reactivate your Service after Service has been suspended or terminated. Before Service may be reactivated, you must pay Mountain Internet all past due amounts and late payment fees plus a reasonable suspension charge per account to cover Mountain Internet's administrative costs associated with the termination and applicable taxes, and you may be required to provide Mountain Internet with a deposit.

7. Availability of Service/Variation of Speed/Maintenance Outages. You acknowledge that Mountain Internet Service, including any internet phone service, may not be available in all areas, and even within coverage areas service availability, quality, signal strength and network speeds may vary, be lower than advertised or be insufficient for use of the Service. You agree to provide Mountain Internet with the correct address of your primary place of use, which will be used to determine whether adequate coverage is available. You further agree to promptly notify Mountain Internet of any changes in the primary Service address. In order to provide the best possible service to its customers, Mountain Internet must perform maintenance on its network. In some cases this may require Mountain Internet to conduct either a planned or unplanned interruption of the Service. Mountain Internet will use commercially reasonable efforts to schedule maintenance outages so as to minimize the impact on its customers, but cannot guarantee that your Service will not be interrupted, and cannot always give advance notice of such outages. You acknowledge and agree that Mountain Internet shall not be responsible for any losses or damages suffered by you as a result of any Service interruptions due to maintenance outages. Please see Section 11 (Credits) and Section 21 (Limitation of Liability) of this Agreement for further restrictions on Mountain Internet's liability for Service outages. Except as otherwise provided in this Agreement, no refunds or credits will be made for any Service outages.

8. Equipment Provided - Lease. If you lease any Equipment from Mountain Internet, you must return all leased Equipment in good working order upon the termination or expiration of this Agreement or upon Mountain Internet's request. If you fail to return all leased Equipment in good working order, reasonable wear and tear excepted, within thirty (30) days after expiration of this Agreement or by the date otherwise specified or requested by Mountain Internet, you agree to pay Mountain Internet a "non-return" fee for such Equipment, which you acknowledge is a reasonable estimation of the repair or retail value of the Equipment. In addition, if you do not return the leased Equipment to Mountain Internet by the required date, you agree to continue paying Mountain Internet your monthly Internet Access Service charges until you return the Equipment. You hereby irrevocably authorize Mountain Internet to charge such amounts (the cost of the Equipment and the monthly Internet Access Service charges) to any Card or bank account you provide or previously have provided to Mountain Internet for any purpose. You understand that this authorization to charge your Card or bank account for failing to return leased Equipment in good working order may not be revoked even if you revoke authorization to charge your Card or bank account for other purposes. Mountain Internet may replace, upgrade, repair, or otherwise modify any leased Equipment, and will repair or replace (in Mountain Internet's sole discretion) any properly maintained leased Equipment that fails to operate as required for the delivery of Service. You also acknowledge and agree that the modem you are purchasing/leasing may be refurbished equipment, and there shall be no offset, discount, or other reduction in purchase or lease price. You may not modify leased Equipment in any way or sell, encumber, or otherwise transfer the Equipment to others. This section, including all authorizations herein, will survive expiration or termination of this Agreement for any reason.

9. Equipment and Installation Warranty. Mountain Internet warrants to you that the Equipment and its installation by Mountain Internet will be substantially free from material defects, under normal use in compliance with Mountain Internet's instructions, for a period of one (1) year from the date you receive the Equipment or installation ("Limited Warranty"). This Limited Warranty excludes any defects resulting from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, extremes of temperature, an act of God, your failure to comply with Mountain Internet's policies or other instructions provided by Mountain Internet, actual or attempted alteration of or additions to the Equipment not approved by Mountain Internet, or any other cause beyond the reasonable control of Mountain Internet, all as determined by Mountain Internet (collectively, "Excluded Causes"). Repair or replacement, in Mountain Internet's discretion, of the Equipment and reperformance of the installation is Mountain Internet's only responsibility, and your exclusive remedy, for breach of any warranty regarding the Equipment or the installation, as applicable. This Limited Warranty is personal to you, and will terminate immediately upon the sale or transfer of the Equipment or expiration or termination of this Agreement.

10. Support. You may elect to use the troubleshooting guides and user information provided by Mountain Internet or available at: www.mtnisp.com prior to contacting Mountain Internet Customer Care for assistance. In the event that you request a service call to your Service location and Mountain Internet determines that the problem is your responsibility, you authorize Mountain Internet to charge your Card or bank account or require you to otherwise pay for the cost of the service call.

11. Credits. No credit or adjustment will be made for interruptions or degradations of the Service except as provided for in this Section. In the event of an interruption of the Service that continues for a period of twenty-four (24) hours or more, a credit allowance will be made for an amount not to exceed the prorated monthly charges for your Service during the affected period provided that you request the credit in writing within sixty (60) days of the commencement of the interruption or degradation. The foregoing credit will be your sole and exclusive remedy for any interruption or degradation of the Service. No credit will be available if the interruption period results from any Excluded Causes set forth in Section 9 (Equipment and Installation Warranty) of this Agreement.

12. Network Management. You acknowledge that speed and bandwidth available to each computer or device connected to the network may vary for reasons including, but not limited to the number of users, computers or devices connected to the network, the amount of data being transferred over the network, and available bandwidth. You also agree that Mountain Internet reserves the right to engage in reasonable network management to protect the overall network, including detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, and through techniques such as limiting the aggregate bandwidth available to bandwidth intensive users during periods of congestion. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use will be determined by resource consumption and not by the use of any particular application. For further information, please refer to Mountain Internet's Acceptable Use Policy, which may be amended from time to time.

13. Acceptable Use Policy. The Acceptable Use Policy is incorporated into this Agreement as though it is a part of the Agreement. Mountain Internet reserves the right to immediately restrict, limit, suspend or terminate your Service or terminate this Agreement for any violation of the Acceptable Use Policy, in which case you will forfeit any unused internet time and will not be entitled to a refund.

14. Privacy. Mountain Internet's Privacy Policy describes how Mountain Internet may collect and use personally identifiable and other information, including your customer proprietary network information (CPNI), applicable to internet phone service subscribers, and is available at: www.mtnisp.com, as may be amended.

15. Ownership; No Licenses. The Service and leased Equipment, and any firmware or software used to provide the Service, embedded in any Equipment, or used in connection with the Service (collectively "Software"); all Service information, documents and materials delivered to you by Mountain Internet or located on Mountain Internet's website (collectively "Information"); and all names, service marks, trademarks, trade names, logos and domain names (collectively "Marks") of Mountain Internet are and will remain the sole property of Mountain Internet and nothing in this Agreement grants you the right or license to use any of such Software, Information, or Marks except for your nonexclusive use of the Software and Information in connection with your personal use of the Service in accordance with the Agreement.

16. Tampering with the Equipment. You must not use with the Service any Equipment that has an altered electronic serial number or equipment identifier or any Equipment that has undergone a factory reset without the express written permission from Mountain Internet. In addition, you may not use with the Service any serviced, altered, modified, stolen, or tampered Equipment, or permit any other person (unless authorized in advance by Mountain Internet in writing) to do so.

17. Theft of the Service or Leased Equipment. You must notify Mountain Internet immediately, in writing or by calling Mountain Internet Customer Care, if any leased Equipment is lost or stolen or if you become aware at any time that the Service is being stolen or fraudulently used.

19. Termination/Discontinuance of Service. Mountain Internet may suspend or discontinue providing the Service generally, or terminate your Service, either in whole or in part, at any time in its sole discretion. If Mountain Internet discontinues providing the Service generally or terminates your Service for a reason other than your breach of this Agreement, you will be responsible only for charges accrued through the date of termination, including a pro-rated portion of the final month's charges, and you will not be charged the Early Termination Fee.

20. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES. THE ONLY WARRANTIES BEING MADE BY MOUNTAIN INTERNET WITH REGARD TO THE SERVICE AND EQUIPMENT ARE THE EXPRESS LIMITED WARRANTIES SET FORTH IN SECTION 9 OF THIS AGREEMENT. THE MOUNTAIN INTERNET PARTIES (AS DEFINED BELOW) DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AVAILABILITY, NON-INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR EQUIPMENT, OR NON-INFRINGEMENT. ANY STATEMENTS MADE IN ANY PACKAGING, MANUALS OR OTHER DOCUMENTS NOT EXPRESSLY INCORPORATED HEREIN, OR BY ANY MOUNTAIN INTERNET EMPLOYEES OR REPRESENTATIVES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND BY ANY MOUNTAIN INTERNET PARTIES. MOUNTAIN INTERNET DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON MOUNTAIN INTERNET'S BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE EQUIPMENT. THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT FOR ANY REASON. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

21. LIMITATION OF LIABILITY.

(A) IN NO EVENT SHALL ANY OF THE MOUNTAIN INTERNET PARTIES BE LIABLE OR OBLIGATED IN CONNECTION THIS AGREEMENT, UNDER ANY THEORY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY, BREACH OF WARRANTY, OR OTHER LEGAL OR EQUITABLE THEORY: (I) FOR ANY AMOUNTS IN EXCESS OF THE AGGREGATE OF THE FEES PAID TO MOUNTAIN INTERNET FOR THE APPLICABLE SERVICE OR EQUIPMENT HEREUNDER DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TO LIABILITY; (II) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICE, PRODUCTS, OR RIGHTS; (III) FOR ANY LOSS OR CORRUPTION OF DATA, DELAYED, DEGRADED OR INTERRUPTED USE OF THE SERVICE OR ACCESS TO THE INTERNET, INABILITY TO MAKE OR COMPLETE CALLS USING AN INTERNET PHONE SERVICE, OR DAMAGE TO ANY HARDWARE, SOFTWARE, OR THE SERVICE LOCATION; (IV) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES AND/OR LOST PROFITS; (V) FOR ANY LACK OR BREACHES OF SECURITY OF THE SERVICE OR IN THE STORAGE OR INTEGRITY OF YOUR DATA OR ANY USER'S DATA; OR (VI) FOR ANY DAMAGES ARISING FROM ANY DELAY OR FAILURE IN PERFORMANCE DUE TO EVENTS OR CAUSES OUTSIDE MOUNTAIN INTERNET'S REASONABLE CONTROL.

(B) THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT MOUNTAIN INTERNET WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF YOU ARE DISSATISFIED WITH THE SERVICE OR EQUIPMENT OR IF YOU HAVE ANY OTHER DISPUTE WITH MOUNTAIN INTERNET, OR CLAIM AGAINST MOUNTAIN INTERNET, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ANY LIABILITY WILL BE LIMITED TO THE RECOVERY OF YOUR DIRECT DAMAGES, LIMITED TO THE AMOUNT AND BY THE EXCLUSIONS SET FORTH IN THIS SECTION. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER MODIFICATIONS OF OR LIMITATIONS TO CERTAIN REMEDIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.

22. Complaint Resolution/Notices. All complaints must be sent to Mountain Internet Customer Care at the address set forth at (http://www.mtnisp.com) or by calling 884-9636. Mountain Internet may require you to describe the complaint in writing. Written notices to you from Mountain Internet will be deemed given: (i) when sent to the email address specified on your Order Confirmation, or such other email address you specify in writing, with at least thirty days prior notice, (ii) three (3) days following the date deposited in the U.S. Mail addressed to your last known address as kept in Mountain Internet's files, or (iii) the date of delivery or rejection when sent by a nationally recognized courier. You are responsible for notifying Mountain Internet of any changes in your email and/or mailing address. Written notice to Mountain Internet will be effective when directed to Mountain Internet's Customer Care Department and received at the address set forth at http://www.mtnisp.com. Except as provided in this Agreement, notices must be in writing to be effective. You also agree that all correspondence and notice sent to you by Mountain Internet, including account statements, account status, payment and billing information, and changes to terms of service may be sent by Mountain Internet electronically to the last email address provided by you.

23. Indemnification. You will defend, indemnify, and hold harmless Mountain Internet and its affiliates, the agents and suppliers of each, and any of their directors, officers, employees, agents, and shareholders and any other service provider or supplier (collectively, the "Mountain Internet Parties") against any and all claims, losses, damages, and liabilities arising from the use or misuse of the Service or Equipment by you or by any person you allow to use the Service or Equipment, or any breach of this Agreement by you or associated with Mountain Internet's installation of Equipment, including, but not limited to, claims by any owner of the Service location. You also agree to reimburse the Mountain Internet Parties and pay each Mountain Internet Party's reasonable attorneys' fees and costs related to defending such claims and related to enforcing this Agreement, including any such fees incurred in connection with any appeal. This section will survive termination or expiration of this Agreement for any reason.

24. Assignment and Successors in Interest. All of the provisions of this Agreement will be binding upon, inure to the benefit of, and be enforceable against your respective successors and permitted assigns. Except as specifically stated herein, you may not assign this Agreement or any of your rights, interests, or obligations without the prior written consent of Mountain Internet. Any such assignment without consent will be void.

25. Entire Agreement/Severability. This Agreement consists of these terms and conditions, the Order Confirmation, and your Service Plan (each as they may be amended from time to time) and represents the entire agreement and understanding of you and Mountain Internet regarding the subject matter of this Agreement and supersedes all other representations, whether electronic written, or verbal, regarding the subject matter herein. In the event this Agreement is inconsistent with any document incorporated herein by reference or any other agreement between you and Mountain Internet, this Agreement will control unless Mountain Internet has expressly stated or agreed otherwise. In the event that a court of competent jurisdiction determines, in a final non-appealable judgment, that any provision of this Agreement is invalid, illegal, or otherwise unenforceable, such provision will be deleted and the remainder of this Agreement will remain in full force and effect and shall be enforced as nearly as possible in accordance with the stated intention of the parties

26. ARBITRATION; CHOICE OF LAW; STATUTE OF LIMITATIONS; JURY AND CLASS ACTION WAIVER. THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF NORTH CAROLINA WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. ALL DISPUTES ARISING UNDER THIS AGREEMENT (OTHER THAN YOUR FAILURE TO MAKE PAYMENTS IN ACCORDANCE WITH THIS AGREEMENT AND ANY ACTION TO COLLECT AMOUNTS DUE TO MOUNTAIN INTERNET UNDER THIS AGREEMENT, WHICH MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION) WILL BE SETTLED EXCLUSIVELY BY BINDING ARBITRATION USING THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA") THEN IN EFFECT. THE PLACE FOR ARBITRATION WILL BE IN THE STATE WHERE THE SERVICE IS PROVIDED. ONE (1) ARBITRATOR SELECTED IN ACCORDANCE WITH THE AAA RULES WHO HAS EXPERTISE IN THE SUBJECT MATTER HEREOF WILL CONDUCT THE ARBITRATION. THE DECISIONS OF THE ARBITRATOR WILL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATOR MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION WILL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION. THIS DUTY TO ARBITRATE AND THE PROVISIONS IN THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT FOR ANY REASON. THE ARBITRATOR WILL NOT HAVE ANY AUTHORITY TO AWARD ANY SPECIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES EXCEPT AS PERMITTED BY THIS AGREEMENT. YOU AND MOUNTAIN INTERNET WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY CLAIMS OR DISPUTES RELATING TO THIS AGREEMENT OR THE SERVICE OR EQUIPMENT. NEITHER PARTY SHALL, AND EACH PARTY WAIVES ANY RIGHT TO, PARTICIPATE IN A CLASS ACTION (INCLUDING ANY CLASS ARBITRATION), EITHER AS A CLASS REPRESENTATIVE OR A CLASS MEMBER, ACT AS A PRIVATE ATTORNEY GENERAL, OR JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON. YOU AND MOUNTAIN INTERNET AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CLAIM ARISES, OR THE CLAIM WILL BE PERMANENTLY BARRED. NOTHING IN THIS AGREEMENT WILL PREVENT MOUNTAIN INTERNET FROM SEEKING CONSERVATORY, PROTECTIVE OR INJUNCTIVE RELIEF WITH RESPECT TO A VIOLATION OF ITS INTELLECTUAL PROPERTY RIGHTS IN ANY COURT OF COMPETENT JURISDICTION PENDING THE OUTCOME OF THE ARBITRATION, OR ENFORCEMENT OR RECOGNITION OF ANY AWARD OR ORDER IN ANY COURT OF COMPETENT JURISDICTION. IN THE EVENT THAT ANY OF THE TERMS IN THIS SECTION 24 IS HELD TO BE IN CONFLICT WITH A MANDATORY PROVISION OF APPLICABLE LAW, THE CONFLICTING TERM OF THIS SECTION 26 SHALL BE MODIFIED AUTOMATICALLY TO COMPLY WITH SUCH PROVISION AND THE REMAINDER OF THIS SECTION 26 SHALL NOT BE AFFECTED.

Acceptable Use Policy

THIS ACCEPTABLE USE POLICY IS A MATERIAL PART OF ANY AGREEMENT WITH MOUNTAIN INTERNET FOR PROVISION OF ITS SERVICES TO BUSINESS AND CONSUMER CUSTOMERS. PLEASE READ AND FOLLOW THIS ACCEPTABLE USE POLICY CAREFULLY. THIS ACCEPTABLE USE POLICY MAY BE REVISED FROM TIME TO TIME BY MOUNTAIN INTERNET AS SET FORTH BELOW.

Mountain Internet LLC and its affiliates (collectively "Mountain Internet") have designed this Acceptable Use Policy ("AUP") with a view towards enhancing the use of Mountain Internet's fixed wireless broadband and other communication services and equipment (each separately and collectively, the "Service" or "Services") by our subscribers and their end users (collectively, "you") by designating standards for acceptable use and standards for prohibiting unacceptable use. This AUP forms part of the agreement between Mountain Internet and you and is incorporated by reference into Mountain Internet's Terms and Conditions (the "Terms and Conditions" at www.mtnisp.com; terms used in this AUP are used as defined in the Terms and Conditions. All subscribers of the Service (anyone who uses or accesses the Service) must comply with, and shall be bound by the terms of, this AUP.

Prohibited Activities. For the benefit of all of Mountain Internet's subscribers, as a condition of the Service, Mountain Internet prohibits the following activities:

1. Unlawful or Improper Use of the Service. You may not use the Service in a manner prohibited by any applicable laws or regulations. Without limiting the foregoing, you may not use the Service for any unlawful or abusive purpose, in any way that could damage, disable, overburden, or impair any Mountain Internet property, or in any way that directly or indirectly interferes with or disrupts our network or adversely affects another's use or enjoyment of any Service, including other Mountain Internet subscribers. You may not use or attempt to use the Service in any manner such as to avoid incurring charges for or otherwise being required to pay for such usage. You may not circumvent or attempt to circumvent user authentication or security of any host, network, network element, or account (also known as "cracking" or "hacking"). This includes, but is not limited to, accessing data not intended for you, logging into a server or account that you are not expressly authorized to access, or probing the security of other networks. You may not interfere or attempt to interfere with any services to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. You may not use any kind of program/script/command, or send messages of any kind, designed to interfere with (or which does interfere with) any server or a user's session, by any means, locally or via the Internet. The Service is intended for periodic, active use. You may not use the Services on a standby or inactive basis in order to maintain a connection. Pinging is prohibited.

2. Excess Utilization of Network Resources. The excessive use or abuse of Mountain Internet's network resources by one subscriber may have a negative impact on all other subscribers. Accordingly, you may not use the Service or take any action, directly or indirectly, that will result in excessive consumption or utilization of the system or network resources, or which may weaken network performance, as determined in Mountain Internet's sole discretion. Such prohibited actions include, but are not limited to: using the Service to host a web server site which attracts excessive traffic at your location, continuously uploading or downloading streaming video or audio, usenet hosting, or continuous FTP uploading or downloading.

3. Intellectual Property Infringement. You may not use the Service to store, transmit or receive any material that infringes on any patent, trademark, trade secret, copyright, or other proprietary or intellectual right of any 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, or the unauthorized transmittal of copyrighted software.

4. Objectionable Material. You may not use the Service to store, post, transmit, or disseminate material or information that is unlawful, harmful, threatening, abusive, harassing, libelous or defamatory, hateful, obscene, indecent, or otherwise objectionable or which encourages or participates in conduct that would constitute a criminal offense, gives rise to a civil liability, or otherwise violates any national, or international law, order, rule, or regulation.

5. Junk E-mail. You may not use the Service to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail", unsolicited bulk e-mail, unsolicited duplicative e-mail, unsolicited commercial e-mail, fax broadcasting, or fax blasting (collectively, "Spam"). Mountain Internet considers any unsolicited commercial mail to be Spam, regardless of the amount of mail sent, unless the recipient has specifically requested the information. An e-mail may be "unsolicited" for purposes of this AUP if (1) the recipients' e-mail addresses were not obtained through a personal or customer relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from the sender, or (3) recipients have opted out of receiving communications from sender when given the opportunity to do so.

6. Fraudulent Activity. You may not use 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", or "chain letters." You may not use techniques to hide or obscure the source of any e-mail or other communication.

7. Impersonation. You may not use the Service to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to create a false identity for the purpose of misleading others. Without limiting the foregoing, you may not use invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing.

8. Software Viruses. You may not use the Service to upload files or transmit any material that contains viruses, worms, Trojan Horses time bombs, cancelbots, corrupted files, or other code that manifests contaminating or destructive properties.

9. Collecting Information. You may not use the Service to store or collect, or attempt to store or collect, personal information about third parties without their prior knowledge and consent.

10. Newsgroups. You should use your best judgment when posting to any newsgroup. Many groups have charters, published guidelines, FAQS, or "community standards" describing what is and is not considered appropriate. You must abide by such guidelines. You may not post or list articles which are off-topic according to the description of the group or send unsolicited mass e-mailings to ten or more people if such e-mail could reasonably be expected to provoke complaints from its recipients. Without limiting any other rights or remedies that Mountain Internet may have under this AUP, the Terms and Conditions or applicable law, Mountain Internet may cancel any postings that violate this AUP as determined by Mountain Internet in its sole discretion.

11. Use of Your Account by Others. You may not, through action or inaction, allow others to use the Service for illegal or improper activities or for any purpose or in any manner prohibited by this AUP. You may not permit your network, through action or inaction, to be configured in such a way that gives a third party the capability to use the Service in an illegal or improper manner or for any purpose or in any manner prohibited by this AUP.

12. Reselling. You may not directly or indirectly reproduce, duplicate, copy, sell, provision, resell, rent, lend, pledge, transfer, distribute or exploit any portion of the Service without Mountain Internet's prior written consent.

SecurityPrecautions. You are solely responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.

Illegal and Fraudulent Activity You acknowledge and agree that Mountain Internet may cooperate fully with investigations of possible illegal activity or violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Subscribers who violate systems or network security may incur criminal and/or civil liability. Mountain Internet may immediately suspend or terminate Your Service if Mountain Internet suspects abuse or fraudulent use of the Service, interference with our network, or violation of the AUP or Terms and Conditions, and may notify the appropriate authorities if it reasonably believes that such abuse or fraudulent use is in violation of applicable law. You must cooperate with Mountain Internet in any fraud investigation and use any fraud prevention measures that Mountain Internet prescribes. Your failure to provide reasonable cooperation may result in your liability for all fraudulent usage.

Violations of AUP. In the event that you violate this AUP, Mountain Internet may, without limitation, restrict your access to Mountain Internet's network, increase the fees associated with your Service, including upgrading you to a higher class of Service, or immediately suspend or terminate your Service. In the event of termination of your Service, all applicable termination charges will apply. Except as expressly provided herein, the rights and remedies of Mountain Internet are cumulative and not exclusive of any rights or remedies that Mountain Internet may otherwise have at law or in equity. Waiver of any violation of this AUP by Mountain Internet shall not act as a waiver of any subsequent violation, nor shall it be deemed to be a waiver of the underlying obligation or term. No failure or delay by Mountain Internet in exercising any right or remedy hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. You should read this AUP in conjunction with our Terms and Conditions and our other Policies which are set forth on our website. Mountain Internet has the right but not the obligation to monitor or restrict any uses of the Service that Mountain Internet believes in its sole discretion violates this AUP, any part of the Terms and Conditions, or applicable law. You are solely responsible for all content that you transmit or receive utilizing the Service, and are responsible for abuse of your account by others.

Privacy; Monitoring the Service, Policy Management. Mountain Internet is under no obligation to monitor the Service, but Mountain Internet may do so from time to time in its discretion. Without limiting any other right of Mountain Internet under this AUP or the Terms and Conditions, Mountain Internet may disclose any information regarding you or your use of the Service for any reason and at its sole discretion in order to satisfy applicable laws, regulations, orders, or governmental requests, or in order to operate and deliver the Service in an efficient manner, or to otherwise protect Mountain Internet's property or legal interests and those of its subscribers. To protect its customers and its network Mountain Internet may, without limitation, block and allow traffic types as we see fit at any time.

Reporting Violations. Mountain Internet requests that any person who becomes aware of a violation of this AUP report the information to Mountain Internet at abuse@mtnisp.com. If available, please provide the IP address used to commit the alleged violation and the date and time of the alleged violation. Mountain Internet may take any appropriate action as it deems fit in its sole discretion, including, but not limited to, one or more of the following actions in response to a report: issue a warning; suspend the subscriber's newsgroup posting privileges; suspend the subscriber's account; terminate the subscriber's account; bill the subscriber for administrative costs and/or reactivation charges; bring appropriate legal action to enjoin violations and/or to collect damages, if any, caused by violations; or take no action.

Notices and Procedure for Making Claims of Copyright Infringement. If you believe that your copyright or trademark has been used by a Mountain Internet subscriber without permission, such that the use may constitute infringement of your intellectual property rights, you must send your claim to the Mountain Internet address found on this website.

Revisions; Reservation of Rights. Mountain Internet reserves all rights including the right to revise, amend, or modify this AUP or any other Policy at any time, and any such revisions will be effective ten (10) days after posting on Mountain Internet's website. You agree that your continued use of the Service after the effective date of any such revision, amendment or modification will constitute your acceptance thereof and you shall thereafter be bound by the terms of this AUP, as revised, modified or amended. IT IS YOUR RESPONSIBILITY TO CHECK MOUNTAIN INTERNET'S WEBSITE REGULARLY, AS ALL OR ANY PART OF THIS AUP MAY CHANGE WITHOUT NOTICE.