This Service Agreement (“Agreement”) for the services provided hereunder is made by and between the Customer (“Customer”) and Terrene Communications, LLC (TERRENE).  

1. Service Classification
“Residential service” is service installed in a home and used for residential activity. 
“Commercial service” is service installed in a structure for the primary purpose of commercial endeavors.
  2. No Control Over Content
TERRENE exercises no control over, and accepts no responsibility for, the content of the information passing through its host computers, network hubs, and points of presence.  Use of any information obtained via TERRENE is at Customer’s own risk.  TERRENE specifically denies any responsibility for the accuracy or quality of information obtained through its services.  TERRENE shall not be liable for any delay or failure in performance due to Force Majure, which shall include acts of God; earthquake; weather; labor disputes; changes in law, regulation, or government policy; riots; war; fire; epidemics; acts or omissions of vendors or suppliers; equipment failures; transportation difficulties; or other occurrences that are beyond TERRENE’s reasonable control.
  3. Acceptable Use Policy
All use of TERRENE’s services must comply with the then-current version of the TERRENE Acceptable Use Policy ("Policy"), which is part of this Agreement and is available at www.iTerrene.net.  TERRENE reserves the right to amend the Policy from time to time, effective upon either posting of the revised Policy at the URL or providing other notice to Customer. 
TERRENE reserves the right to suspend the service or terminate this Agreement, effective upon notice, for a violation of the Policy.  Customer represents and warrants to TERRENE that Customer: (a) will not reproduce, publish or distribute content in connection with the service that infringes any third party’s trademark, copyright, patent, trade secret, publicity, privacy or other personal or proprietary right; (b) will use service in compliance with all laws and regulations including, without limitation, prohibition on the use of telecommunications facilities to transmit illegal, obscene, threatening, libelous, harassing, other offensive messages, or otherwise unlawful material; and (c) bandwidth and internet speeds relayed to the Customer are for the exclusive use of the Customer and may not be distributed to any other user not specifically covered by the Contract d) services cannot be resold in any form without prior written authorization from Terrene.
Customer agrees to indemnify TERRENE, its affiliates, their officers, directors, employees and agents from and against any liability and costs incurred in connection with any claim arising out of any breach by Customer of the representations and warranties contained herein.  TERRENE may participate in the defense at its expense.  Customer agrees to indemnify TERRENE and hold it harmless from any losses, damages, costs, or expenses resulting from any third party claim or allegation ("Claim") arising out of or relating to use of the service, including any Claim that, if true, would constitute a violation of the Policy.
  4. Performance Level
Access, Download and Upload Speed is a function of the traffic experienced on the Internet itself. Terrene Communications LLC does not guarantee the maximum Service performance (overall through put) levels but makes every reasonable effort to ensure the highest possible quality of service is experienced. It is understood that Download speeds can be up to 20% lower due to network requirements and may vary for reasons such as customer location, websites visited, Internet congestion and customer equipment.
  5. Term
The "Term" of this Agreement will begin on the day of completed installation and Customer acceptance (“Contract Date”) and will end the number of months agreed upon in the contract (“End Date”). Any equipment rental or maintenance agreements or any other agreements are separate from the Contract Term.
  6. Payment Terms
Payment for the installation, and the first and last months of service is due immediately on the Contract Date.  All Customers must provide the following credit card information which will be utilized for the payment of all TERRENE charges: (a) Type of credit card (only Visa, Master Card, Discover and American Express are accepted); (b) Name on the credit card account; (c) Credit card number; (d) Expiration date of credit card; and if requested, the card batch security code.  The Customer agrees to keep the required information up-to-date.  Accounts are in default if payment is not honored by the designated credit card company when submitted by TERRENE, and may subject Customer to a TERRENE reactivation charge of $25.  Checks returned insufficient funds to Terrene will be charged a $40 service charge. Accounts unpaid for 5 days may have service interrupted or terminated.  Such interruption or termination does not relieve Customer of the obligation to pay the Monthly Charge during the initial contract term. A 7% finance charge may be applied to all late payments.
  7. Additional Installation Costs
There is a standard installation cost for all Customers as set forth herein which includes Basic Installation is defined as mounting an antenna directly on to the existing structure and running up to 100 feet of interconnecting cable routed directly on the exterior of the structure.  Interconnecting cable will enter the structure at a penetration point drilled through the exterior and interior walls and caulked on the exterior.  One computer with a network interface card (or similar network interface adapter will be configured to demonstrate Internet connectivity.  Operating system to be Windows 2000 (or better), Mac OS 9.0 (or better) or any network capable operating system with user support.  Valid operating system or recovery disk shall be available at the start of the installation. Customer shall ensure that the Customer System is operationally and technologically compatible with the TERRENE’s equipment, as determined at TERRENE’s sole discretion.
Customer shall be responsible for preparing and maintaining the site for the Services, including, but not limited to, providing power and necessary environmental requirements and configuration of Customer System networks and protocols. Customer's failure to prepare and maintain the site shall suspend TERRENE’s obligation to perform under this Agreement. Any custom installation work that the Customer requests, including placing cable under carpet, inside molding, through cabinets, attics, interior walls or crawl spaces may require additional charges. TERRENE will not be liable for any alterations damage to the premises that result from installation or removal of the equipment or subsequent Acts of God including, but not limited to; holes in roofs and walls, cable wiring, power cabling, antenna mounting brackets, wind or lightning. The Customer will additionally provide TERRENE with code-compliant 110 VAC, 0.25-0.45 Amps (30-54 Watts) electrical service.  Additional costs for will be assessed and disclosed to Customer before installation. Payment of this installation cost is due upon installation.
  8. Equipment
In order to receive service, it will be necessary for Customer to purchase or rent certain reception equipment consisting of an antenna, router/modem which can interoperate with existing TERRENE network hardware.  Equipment rental terms and conditions are separate from this agreement.  TERRENE offers a 14-day Satisfaction Guarantee; Subscriber can terminate service for any reason and not be liable for the balance of the remaining months in the Service Order, less installation charges (If cancelled within the first 14-days after install). Subscriber hereby acknowledges that additional hardware purchased by the Subscriber including wireless and wired LAN hardware (e.g. routers, wireless access points, PCs, etc.) belongs solely to the Customer, is Customer's responsibility, and is not supported by TERRENE.
TERRENE shall not be held responsible for hardware damaged by lightning.  UBC requires the protection of any indoor equipment with grounding at the cable entrance with an appropriate grounding system.  If you choose not to accept the grounding system, liability and replacement is the Customer's sole responsibility. Only standard manufacturers’ warranties apply for any Subscriber purchased equipment.
  9. Equipment Rental
If the Customer decides to rent equipment from TERRENE, such equipment shall at all times remain the sole and exclusive property of TERRENE who will have the right, to remove the equipment upon Termination of Services or the Rental Agreement.  The Customer shall not have the right to pledge, sell, mortgage, give away or remove, relocate, alter or tamper with the equipment at any time.  The Customer shall notify TERRENE promptly of any defect in, damage to, or accident involving the equipment.
  10. Premature Termination
If a Customer terminates this agreement after the 14-day Guarantee period and before the initial month contract period, the Customer shall be liable for a termination penalty of $175. After the first month the customer will be responsible for the remaining contract value.
11. Waiver of Termination Penalty
If the Customer moves his service location out of the TERRENE coverage area to another area that has no TERRENE coverage and furnishes TERRENE with proof of said move, TERRENE will accept the premature termination.  Customer is responsible for returning TERRENE equipment to the company in good working order within 10 days of the date of termination or for making an appointment with TERRENE for its technicians to come to the service location and remove the equipment.  TERRENE will charge $100 for disconnection of a prematurely terminated account with waiver.  Failure to return the equipment may result in an additional charge of $250 to the Customer’s account.
12. Relocation
If Customer moves within our service area and wishes to relocate service, a relocation fee of $50 will be charged.
13. Payment
Customer agrees to pay the Installation Fees set forth on the Broadband Service Order Form upon completion of the installation of services. Customer further agrees to pay upon completion of the installation services, first and last month service fees in this and any other applicable agreement.  Customer shall pay all applicable sales taxes.
14. Late Charges and Reconnection Fees
Customer shall pay a late payment charge of five percent (7%) of the amount due, or the maximum rate permitted by applicable law, whichever is less, on any unpaid amount for each calendar month or fraction thereof that any payments to TERRENE are in arrears. Customer shall also be subject to a $25 per occurrence fee for each and any time a billing to a credit card is rejected or declined. Customer agrees to pay TERRENE its reasonable expenses, including attorney and collection-agency fees, incurred in enforcing its rights, should TERRENE prevail, under these Terms and Conditions.  If TERRENE disconnects the service for non-payment, Customer will be subject to a reconnection fee of $25.
15. Right of Entry
Customer grants TERRENE the right of entry onto Customer’s premises to install maintain and remove TERRENE’s equipment.  TERRENE will use its best efforts to notify the Customer that TERRENE intends to enter the property prior to doing so.  TERRENE will not attempt to enter locked premises without being granted access by owner.  Unless otherwise agreed to by the Customer, TERRENE will conduct it service and possible entrance between the hours of 8:30am and 5:00pm Monday through Friday.
16. Remedy
If TERRENE causes an error, delay, defect, breakdown or failure in service, which is defined as lasting for more than 8 hours during any calendar month (Service Interruption), an out-of-service credit will be calculated based on a ½ daily prorated credit (1/60) of any monthly service charge the Customer paid for service during the period of Service Interruption, provided Service Interruption lasts for more than eight (8) consecutive hours after TERRENE receives notice of the interruption from the Customer.  The maximum credit allowed shall not exceed the Monthly Charge for the service interrupted.  No credit shall be available for difficulties such as Customer equipment failure, slow dial tone, busy circuits, any local telephone company or long distance company network failures, or other causes beyond TERRENE’s reasonable control.  The above prorated credit provides Customer’s sole remedy for any claim relating to this service or TERRENE.  TERRENE’s records and data shall be the sole basis for all calculations and determinations.
17. Service Up Time
TERRENE warrants that service will be provided with an uptime of at least 95% during a calendar month.  In the event of an error, delay, defect, breakdown, or Service Interruption, TERRENE’s obligation shall be limited to the use of reasonable diligence under the circumstances to restore service.  Customer’s sole and exclusive remedy in the event of an error, delay, defect, breakdown, or Service Interruption, shall be limited to the daily pro-rated credit set forth in Section 15.  TERRENE shall have no obligation to retrieve or reconstruct lost messages or data. 
TERRENE makes no warranty of compatibility with any hardware or software.  A TERRENE internet connection does not create an agreement for repair or maintenance of the Customer’s existing system, hardware, or software.  All hardware provided to Customer in connection with providing TERRENE service, including, without limitation, the antenna, mounting hardware, wiring, and equipment attached to Customer’s computer(s) or network shall at all times remain the property of TERRENE, and shall be returned to, or permitted to be retrieved by, TERRENE promptly upon termination of service for any reason.  TERRENE shall be under no obligation to restore Customer’s hardware, software, real or personal property to its condition prior to the installation of TERRENE software, hardware, or equipment.
18. Termination of Service
Customer shall have the right to terminate TERRENE service without penalty if TERRENE fails to deliver service within the standards defined in Section 15 for a period of 7 consecutive days or more.
19. Proprietary Information
Neither party may use the other party’s name, trademark, trade names, or other proprietary identifying symbols without the prior written approval of the other party.  Customer may not assign or transfer any of its rights or obligations under this Agreement without the prior express, written consent of TERRENE, provided that the Customer may assign or transfer this Agreement to any affiliate of Customer upon advance written notice to TERRENE.  Customer may not sell service to others.  Resale of service by Customer shall be caused for TERRENE to terminate this Agreement without a refund of the Customer’s advanced payment.  No failure or delay on the part of either party to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy granted hereby or by law.
20. Prices
Prices for recurring monthly service, installation and the number of months of advanced payment required may change without notice.  The current policy in effect is defined by the public content of the company’s web site at http://www.iTERRENE.net.  CUSTOMER UNDERSTANDS AND AGREES THAT, EXCEPT AS STATED IN THIS AGREEMENT, NO OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, APPLY.
21. Unimpairment
If any provision of this Agreement is held by a court to be invalid, void or unenforceable, the remainder of this Agreement shall nevertheless remain unimpaired and in effect.
22. Only Agreement
These Terms and Conditions supersede all previous representations, understandings, or agreements, and shall prevail notwithstanding any variance with terms and conditions of any order submitted.  Acceptance of this Agreement by TERRENE may be subject, in TERRENE’s absolute discretion, to satisfactory completion of a credit check.
23. Fees
In the event that the Federal Communications commission or other lawful authority determines that TERRENE must contribute to support government programs based upon revenues obtained from the provision of service hereunder, then TERRENE, without any further agreement of Customer, may impose a fee or charge designed to recover its required contribution, based upon revenues earned under this Agreement.
24. Taxes
Prices are exclusive of any taxes that may be levied or assessed upon the equipment or services provided hereunder and any such taxes shall be paid by Customer.  If Customer is exempt from otherwise applicable taxes, Customer must submit its tax identification number and exemption certificate at the same time it submits this Agreement.  Charges for TERRENE service will begin on the installation date or Customer acceptance whichever occurs first.
25. No Modification
No TERRENE employee is authorized to make any representation, verbally or in writing, that alters or changes or augments this agreement in any way.
26. Authorized to Sign
Person signing this agreement represents that he / she has the authority to contract for service and commit payment.
27. Liability
NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM CUSTOMER’S OR CUSTOMER’S USERS’ USE OF TERRENE AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES FOR LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, MISDELIVERIES, OR SERVICE INTERRUPTIONS.