Acceptable Use Policy

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 Additional Contract Terms
 

1.   Express Internet, solely, shall hold all password and authentication information on the subscriber unit (wireless transceiver) until termination of this agreement.
2.   Client understands that wireless Internet connectivity requires direct radio line of sight, and that any obstruction between Express Internet and Client’s antenna will potentially block the signal. Client understands that Express Internet has no control over this and therefore bears no responsibility for it. If Client requests Express Internet to adjust Client’s equipment or antennas to improve the signal, Client shall pay Express Internet’s normal service charges for said work.
3.   Client understands that the maximum bandwidth of 384Kbps may not be achieved, depending upon a variety of circumstances beyond Express Internet’s control. Express Internet cannot insure that Client will be able to achieve any particular throughput or speed and makes no representations or guarantees regarding same.
4.   Express Internet reserves the right to implement hardware and/or software which serves to control the amount of bandwidth or simultaneous connections Client may receive in order to assure a fair distribution of resources to all of Express Internet’s Clients. Client understands that Express Internet’s network is shared by many Clients and is not provided for the exclusive use of Client. Client agrees to allow Express Internet reasonable access to the subscriber unit to verify correct operation of the hardware and/or software. Client agrees to allow Express Internet to install such hardware and software on Client’s premises without charge.
5.   Client understands that because tree leaves hold water, they absorb the microwave signal, and that will degrade or disrupt my connectivity. By having equipment installed during a time of year when there are little or no leaves in the trees, Client runs the risk of losing connectivity when the leaves come back on the trees. Client may require extra hardware and setup at that time. Express Internet shall not be held liable for any charges, nor will Client be entitled to any type of refund.
6.   This agreement shall commence on the date the Connection is activated (the "Activation Date"). At term ending this agreement shall automatically renew for successive _1 month terms unless terminated in writing by either party at least 15 days prior to the then current date for termination. Express Internet reserves the right to change its rates for any renewal term by notifying Client at least 30 days in advance of the effective rate of such a rate change. Client acknowledges that circumstances beyond the control of Express Internet may cause a delay in turning up the Connection. In which case the term of this Agreement shall commence on the date the Connection is activated; provided, however, in the event the delay in activating the Connection is the result of Client's failure to comply with or provide any of the Requirements of the term of this Agreement shall commence on the activation date.
7.   This Agreement does not include equipment or phone line charges other than the subscriber unit, pigtail cable, antenna cable, lightning arrestor, antenna and mounting hardware, which will be provided by Express Internet.
8.   If Client terminates this Agreement anytime after implementation, but before expiration, Client will pay a lump sum equal to the charges of the remainder of the then current term of the Agreement in no case greater than 1 (one) year. If service to Client is terminated for violation of the Acceptable Use Policy, Client shall pay, immediately, a lump sum equal to the charges for the remainder of the then current term of the Agreement. Under no circumstances shall Client be entitled to a refund for any pre-paid charges if service is terminated for violation of the Acceptable Use Policy.
9.   Express Internet offers Client access to the Internet. Client hereby acknowledges that the Internet is not owned, operated, managed by, or in any way affiliated by Express Internet or any of its affiliates, and that it is a separate network of computers independent of Express Internet. Client's use of the Internet is solely at Client's own risk and is subject to all applicable local, state, national, and international laws and regulations. Access to the Internet is dependent on numerous factors, technologies, and systems, many of which are beyond Express Internet's authority and control.
10.   Express Internet's network can only be used for lawful purposes. The transmission of any material in violation of any local, state, national, or international law or regulation is prohibited. This includes, but is not limited to, copyrighted material, material, material legally judged to be threatening or obscene, material protected by trade secret, or material that is otherwise deemed to be proprietary or judges by Express Internet to be inappropriate or improper such as bulk e-mail messages.
11.   Access to other networks connected to Express Internet’s network must comply with the rules appropriate for that other network. Express Internet exercises no control whatsoever over the content of the information passing through its network.
12.   Express Internet makes no warrantee, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, mis-deliveries or service interruption however caused. Use of any information obtained by Express Internet's network is at Client's own risk. Express Internet specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.
13.   Routine maintenance and periodic system repairs, upgrades and reconfigurations, public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes and other situations, including mechanical or electronic breakdowns may result in temporary impairment or interruption of service. As a result, Express Internet does not guarantee continuous or uninterrupted service and reserves the right from time to time to temporarily reduce or suspend service with or without notice. Client shall indemnify and hold Express Internet and its directors, officers, employees, and agents harmless from any and all obligations, charges claims, liabilities, costs and fees incurred as the result of interruptions or omissions of service.
14.   Express Internet reserves the right to, from time to time, monitor Client's activity, ie. Sending spam. Upon the occurrence of a default by Client of any provision hereunder, Express Internet reserves the right, in addition to any other remedies which may be available to it, to terminate this Agreement and the services to Client thereunder.
15.   Client shall indemnify Express Internet, its affiliates, officers, directors, licensees, and licensers from any and all claims and expenses, including, without limitation, reasonable attorney's fees arising from Client breach of any provision of this Agreement.
16.   This Agreement is deemed to be entered into the State of Nevada and the parties agree that any dispute arising under this Agreement shall have it's venue in Humboldt County, Nevada and any such dispute shall be governed by and constructed in accordance with the laws of the State of Nevada.
17.   Express Internet may assign this Agreement without Client's prior consent and all of Express Internet's rights, title, and interest herein shall inure to the benefit of such assignee, its successors and assigns. This Agreement shall not be assignable by Client except with the written consent of Express Internet. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
18.   Neither party shall disclose any of the terms and conditions of this Agreement without prior written consent of the other, provided, however, in any of its sales and marketing materials, Express Internet may refer to Client as its Client.
19.   Express Internet may modify these terms and conditions upon written notice published on its website (http://www.expint.net). Client's continued use of service after such notice shall constitute Client's acceptance of the modification of this Agreement implied in fact.
20.   If any one of the paragraphs in the Agreement is found to be unenforceable or invalid, Client's and Express Internet’s agreement on all other paragraphs is not affected.
21.   This Agreement contains the entire agreement of the parties hereto with respect to the matters covered hereby and superseded any other prior or simultaneous agreement related to such matters.
22.   In the event of a default of payment when due or failure to return all equipment as agreed herein, Client agrees to pay all costs of collection, including attorney’s fees, court costs and collection agency fees. Client agrees to pay $40.00 (forty dollars) for each monthly credit card charge authorized by Client which is returned to Express Internet without payment.