Wireless High Speed Internet Agreement

Aroostook Internet is a provider of wireless high speed internet services (“Internet Services”). This agreement states the terms and conditions under which Aroostook Internet will provide Internet Services to the Applicant identified on the front of this Agreement (the “Application”) and, if applicable, Applicant’s spouse (collectively the “Customer”) at the Service Address identified on the Application (the “Premises”) . Customer agrees to be bound by the terms and conditions of the Agreement.

Availability/Use of Internet Service: Aroostook Internet shall provide those Internet Services described on the Application until this Agreement is terminated. Customer acknowledges that Aroostook Internet has no control over and is not responsible for the content of any internet site. Internet Services are furnished for use by the Customer for lawful purposes only. Signature of application or use of internet service constitutes your agreement to these terms and conditions. Bandwidth usage is monitored. Upload and Download limit 10 gigabytes. Usage exceeding these limits will be billed $15.00 per gigabyte per month. (Rates subject to change)

Equipment: Radio, antenna, and any other equipment provided to Customer by Aroostook Internet for the provision of Internet Services (collectively “Equipment”) shall remain Aroostook Internet’s sole property. Customer agrees to keep the Equipment in good condition.

Term and Termination: This agreement shall commence on the date the Equipment is installed at the Premises (“Installation”) and will continue in force and effect until terminated. Customer may terminate this Agreement at any time upon written notice to Aroostook Internet or by calling Aroostook Internet business office at the number(s) located on the Application. Except as provided in Section 5 of this Agreement, Aroostook Internet or by calling Aroostook Internet Customer may terminate this Agreement at any time if Aroostook Internet determines that the Customer has tampered with or abused equipment, the Customer’s Premises wiring violates applicable Federal Communications Commission standards, or if termination is necessary to prevent theft of internet service or is necessary to reduce or prevent signal leakage, or in response to a court or government demand. Upon termination, Customer agrees to pay any outstanding balance and will return all Equipment in good condition to Aroostook Internet within five (5) business days of termination of the Customer’s account. If Customer fails to return in good condition any item of Equipment within five (5) business days of the date of termination., customer will be liable for the Equipment replacement charges outlined below, plus any reasonable collection costs, including without limitation attorney’s fees that may be incurred. The replacement charges for unreturned or damaged Equipment are: Wireless Radio and Antenna - $500; and for all other Equipment – the then current replacement cost. Termination of this Agreement does not release Customer from the obligation to pay all accrued charges under this Agreement. After this Agreement is terminated, Customer will receive a final bill for any charges incurred in the month of disconnection, including without limitation charges associated with the failure to return Equipment in good condition, less any applicable refund.

Payment: At the time of Application for Service, advance payment for installation fees are due. Thereafter Aroostook Internet will bill the Customer monthly for all payments due including $5.00 monthly for wireless equipment rental under this Agreement. Changes may be subject to Service fees. Prices for Internet Services shall be based on prices in effect at the time Internet Services are provided, as shown on Aroostook Internet’s price schedules (price schedules are available upon request). Customer agrees to pay the bill by its due date. Aroostook Internet may assess late payment charges for payments not received by the due date. Aroostook Internet reserves the right to require Customer to make a deposit for the continuation of Internet Services unless Customer gives notice to Aroostook Internet of a good faith billing dispute within sixty (60) days after payment of the disputed amount is due. Customer waives any right to challenge the disputed amount and releases Aroostook Internet from all liabilities and claims resulting from any such billing dispute.  If Service is terminated by either you the customer or Aroostook Internet the provider on or after the 15th of any month you will be required to pay the full amount due for that month.

Nonpayment of Service: Aroostook Internet has the right to disconnect or suspend Internet Service for nonpayment thirty (30) days after the date of mailing of an invoice for which payment has not been received and upon five (5) days written notice. To reconnect Internet Service, Customer must pay: the entire outstanding balance; any applicable late fees; to the extent permitted by applicable law, reasonable costs of collection including, without limitation, any attorney’s fees that may have been incurred; a reconnection fee; and any security deposit that may be required due to nonpayment for Internet Services.

Access to Customer Premises: Right of Way: Customer agrees to allow Aroostook Internet access to the Premises at reasonable times and upon prior notice in order to install, maintain, inspect, remove, repair, or replace any of the Equipment. Customer grants, without fee, Aroostook Internet all easements and rights of way necessary to provide Internet Services to the Customer.

Amending the Agreement: Aroostook Internet reserves the right to amend, in its sole discretion, the terms and conditions of this Agreement, including without limitation the prices for Internet Services and replacement Equipment. Any amendment to this Agreement shall be effective thirty (30) days after written notice. Customer’s use of Internet Services after the effective date of any amendment shall constitute Customer’s acceptance of and agreement to such amendment. No amendment or modification to this Agreement by Customer shall be valid or binding on Aroostook Internet unless made in writing and signed by an authorized representative of Aroostook Internet.

WARRANTIES: INTERNET SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HERIN, AROOSTOOK INTERNET MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY, EXPRESSOR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OR TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.

LIMITATION OF LIABILITY: AROOSTOOK INTERNET SHALL IN NO EVENT BE LIABLE OR RESPONSIBLE TO CUSTOMER OR ANY OTHER PERSON, FIRM OR ENTITY FOR ANY FAILURE OR DELAY IN PERFORMANCE TO THE EXTENT SUCH FAILURE OF DELAY IS DUE TO ANY CAUSE(S) BEYOND THE CONTROL OF AROOSTOOK INTERNET AROOSTOOK INTERNET SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE OR PUNITIVE DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT OR THE INSTALLATION, OUTAGE, MAINTENANCE, REPAIR, REPLACEMENT, INSPECTION, REMOVAL, USE OR FAILURE OF THE VIDEO SERVICES PROVIDED HEREUNDER EXCEPT AS LIMITED BY LAW, AROOSTOOK INTERNET’S SOLE LIABLITY, IF ANY, FOR ANY CLAIM ARISING OUT OF, RELATION TO, OR IN CONNECTION WITH THIS AGREEMENT OR THE INSTALLATION, OUTAGE, MAINTENANCE, REPAIR, REPLACEMENT, INPSECTION, REMOVAL, USE OR FAILURE OF THE INTERNET SERVICES PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN TRANSMISSION OCCURRING IN THE COURSE OF FURNISHING INTERNET SERVICES, SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE PROPORTIONATE CHARGE APPLICABLE TO THE PERIOD DURING WHICH THE INTERNET SERVICES WERE AFFECTED.

Indemnification: Customer shall at all times defend, indemnify and hold Aroostook Internet harmless from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of the use of the Internet Services. Aroostook Internet shall promptly notify Customer of any claim or litigation to which this indemnity applies, and Customer shall assume the defense of any such claim or litigation. Aroostook Internet reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which Aroostook Internet is entitled to indemnification under this Agreement.