RediLynx™ Broadband Internet
Residential / Business Customer Agreement
Last Modified : 07/01/2002

RediLynx BroadBand Internet Service Agreement

You agree to the following by any use of RediLynx™ Services in any manner. This RediLynx™ Broadband Internet Residential / SOHO Customer Agreement (“Agreement”) is entered into between RediLynx™ Partnership (“RediLynx™”), of Flagstaff, Arizona, and the customer designated on the reverse side (“you”). The parties agree to the following:

INSTALLATION AND SERVICE.

1.        You hereby authorize RediLynx™ and/or its authorized contractors to install a wireless broadband modem and antenna, up to 45 feet of cable, 1 antenna, and mounting equipment (the “Equipment”) at your home or office (the “Premises”) necessary to provide RediLynx™ Broadband Internet Service (the “Services”).

2.        Any custom installation work that you request, including placing cable under carpet, through cabinets, through interior walls or inside molding, may require additional charge(s).

3.        RediLynx™ will not be liable for any alterations to the Premises that result from the installation or removal of the Equipment, including, but not limited to, holes in walls, cable wiring or antenna mounting brackets.

4.        You warrant that you are at least 18 years of age and that you own the Premises, or have received permission from the owner of the Premises to make any changes to the Premises needed to install the Equipment and receive the Services. Additionally, it is your obligation to confirm that the placement of the transceiver on the Premises is not in violation of any restrictive covenants, conditions or homeowners restrictions.

5.        You agree to allow RediLynx™ or its subcontractor’s access to the Premises to perform installation, repair or maintenance services in support of the Services, at any time as may be required.

6.        You will use the Services only for residential and/or Small Office / Home Office (SOHO) business purposes.

7.        RediLynx™ may revise, modify or discontinue any or all aspects of the Services, including but not limited to Service and Equipment prices, any applicable tariffs, and any terms of this Agreement.

8.        RediLynx™ assumes no responsibility or liability for interruption of the Services by any cause or reason whatsoever.

PAYMENT TERMS.

1.        RediLynx™ will provide the Services to you subject to this Agreement, and you agree to pay for the Services when due by valid credit/debit card, cash or check as agreeable at inception of service.

2.        If you fail to pay all valid charges for the Services when due, RediLynx™ may charge you interest and you agree to pay interest on those charges.

3.        If you fail to pay any amounts owing to RediLynx™ after 30 days, RediLynx™ will have the absolute right to disconnect the Services without notice. Upon disconnect, you agree to immediately pay all amounts owing to RediLynx™. A $35.00 re-connect fee will be applied to resume service. You further agree to assume liability for payment in full of all materials and equipment installed by RediLynx™ to supply you service. If RediLynx™ requires the use of collection services; you agree to pay all costs associated with collection.

LIMITED WARRANTY, SERVICES AND REPAIRS.

1.        RediLynx™ will provide a limited parts and labor warranty for purchased Equipment for 90 days from the date of installation. Installations are warranted for a period of 12 months from the date of installation. ACCESS EQUIPMENT IS AND REMAINS THE PROPERTY OF REDILYNX AND IS AN INTEGRAL PART OF THE REDILYNX NETWORK, IT IS NEVER SOLD TO END USERS.

2.        This warranty excludes any damage resulting from abuse or negligence, or Acts of God, as determined solely by RediLynx™.

3.        This warranty is in lieu of all other warranties, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.

4.     RediLynx DOES NOT guarantee security of E-Mail stored on our servers. E-Mail may be deleted or lost at any time due to maintenance or equipment issues. Users are required to back up their E-Mail data onto their personal computers on a regular basis. RediLynx is not responsible for lost E-Mail.

5.     RediLynx IS NOT responsible for E-Mail defined as SPAM per RediLynx Rules or E-Mail detected as containing Virus Signatures or carrying potentially harmful attachments. Such files may be deleted from the RediLynx network and will not be relayed.

INTERNET ACCESS.

1.        You hereby agree to abide by RediLynx™’s Acceptable Use Policy. The Policy is set forth in full at http://www.RediLynx.com/acceptable.htm and is hereby incorporated by reference.

2.        You access the materials on the Internet at your own risk.

3.        RediLynx™ may deny you access to all or part of the Services without notice if you breach this Agreement, including but not limited to, RediLynx™’s Acceptable Use Policy.

4.        You agree to comply with any bandwidth usage or other limitations on the Services set by RediLynx™ in its sole discretion. If RediLynx™ determines that you are exceeding bandwidth limits; you may be notified by mail and given 24 hours to bring your usage within appropriate limits. If excessive use continues after the 48 hour period, RediLynx™ may take any action it deems necessary, including, but not limited to, terminating the Services, to ensure that your usage does not adversely affect RediLynx™’s ability to provide the Services to other customers. RediLynx™ will notify you of any such action via mail or email.

5.        RediLynx™ may assign to you a RediLynx™-owned Internet Protocol address (“IP Address”) which is the exclusive property of RediLynx™ and is not portable. RediLynx™ may change the IP Address at any time without liability and without prior notice to you. Primary Address Assignment is provided via Persistent DHCP  protocol. RediLynx™ assumes no responsibility or liability for expenses incurred because of any change in assigned IP Address.

LIMITATION OF LIABILITY AND INDEMNIFICATION.

(a) NEITHER RediLynx™ NOR ITS SUBCONTRACTORS WILL BE LIABLE FOR ANY LOSS OF DATA OR DAMAGE TO HARDWARE THAT OCCURS DURING INSTALLATION OF OR ANY SERVICE PERFORMED ON YOUR COMPUTER IN SUPPORT OF RediLynx™ BROADBAND INTERNET ACCESS. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO COMPLETELY BACKUP YOUR COMPUTER PRIOR TO INSTALLATION. YOU FURTHER AGREE THAT RediLynx™ AND/0R ITS SUBCONTRACTORS ARE NOT RESPONSIBLE FOR ANY PROBLEMS WITH YOUR COMPUTER FOLLOWING THE INSTALLATION OF OR ANY SUBSEQUENT SERVICE PERFORMED ON YOUR COMPUTER IN SUPPORT OF RediLynx™ BROADBAND INTERNET ACCESS.

(b) THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER RediLynx™ NOR ITS AFFILIATES WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RediLynx™ BANDWIDTH STATEMENTS ARE A THROTTLE LIMITING YOUR MAXIMUM THROUGHPUT AND ARE NOT A GUARANTEE OF MINIMUM SPEED OR THROUGHPUT.

(c) RediLynx™, ITS AFFILIATES AND ITS SUBCONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING PERSONAL INJURIES, PROPERTY DAMAGE OR LOSS OF BUSINESS, THAT RESULT IN ANY WAY FROM YOUR INABILITY TO USE THE SERVICES OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF OFFERS, CLAIMS, REPRESENTATIONS, PROMOTIONS AND TRANSACTIONS, INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE INTERNET OR THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSION OR ANY FAILURE OF PERFORMANCE.

(d) REDILYNX SERVICE IS AN EXTENSION SERVICE INTO AREAS THAT DO NOT OTHERWISE HAVE BROADBAND SERVICES AVAILABLE. THE LOSS OF SERVICE DURING EXTREME EVENTS SUCH AS ICE STORMS AND LIGHTNING MAY LIMIT YOUR ACCESS AND ARE NOT WARRANTED. ALTHOUGH RARE, LIGHTNING STRIKES THAT DAMAGE OR DESTROY MOUNTAIN TOP ACCESS EQUIPMENT MAY CAUSE OUTAGES OF UP TO 10 DAYS AND EXTREME WINTER WEATHER MAY CAUSE REDUCTION OF SIGNAL AND A RESULTANT LOSS OF ACCESS TO SOME USERS. IT IS DANGEROUS TO OUR EMPLOYEES TO ATTEMPT TO CLEAR ICE AND WILL NOT BE DONE.

Put Simply, RediLynx™ Internet Access Services are a convenience service ONLY. If your business, livelihood, safety or personal or business well-being depend on Internet Access, RediLynx™ may not be for you. RediLynx™ Services ARE NOT AUTHORIZED FOR ANY LIFE SUPPORT APPLICATION.

(d) You agree to indemnify, defend and hold RediLynx™, its affiliates and subcontractors harmless from any claims made by third parties arising out of the use of the Equipment and/or the Service by you or a user of your account, including the placement or transmission of any message, information, software or other materials on the Internet.

(e) These limitations on liability and indemnification provision inure to the benefit of and apply to: (1) RediLynx™ Partnership, subsidiary and affiliated companies; (2) any successor to RediLynx™’s business by way of merger, purchase of assets, or operation of law; and (3) any subcontractors performing work on behalf of RediLynx™.

TERM AND TERMINATION.

(a) This Agreement will have a Term that continues in effect for so long as the user desires access to and receives service from RediLynx™.

(b) RediLynx™ has no obligation to remove the Equipment if you terminate the Services, You must however, return all internal and external network equipment within 72 hours of any service termination per A.R.S. 13-1806.

(c)RediLynx™ may remove antenna and mount, at its discretion, within 15 working days of service termination.

(d) If you move out of the Premises, RediLynx™ may terminate this Agreement and disconnect the Services without notification.

(e) If you do not agree with or abide by the terms of this agreement as set forth herein then you may not use RediLynx™ services and this agreement is terminated.