 Subscriber Agreement
HYPERBAND NETWORKS, INC.
SUBSCRIBER AGREEMENT
The undersigned ("Subscriber") has agreed to subscribe to Hyperband Networks Inc. ("HBN") high speed Internet service, and HBN has agreed to provide Subscriber with Internet access and to grant to Subscriber a non-transferable, non-assignable and non-exclusive license to use the appropriate technology, any software and any hardware provided by HBN as part of the high speed Internet service, for the term of this agreement. Access to the HBN network and use of HBN's high-speed service and any software or hardware furnished to Subscriber by HBN is provided subject to the following Terms and Conditions:
1. The utilization of any data or information received by Subscriber from the utilization of the services to be provided by HBN is at Subscriber's sole and absolute risk. HBN specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.
2. HBN makes no warranties of any kind, whether expressed or implied, for the services, software or hardware it is providing. HBN also disclaims any warranty of merchantability or fitness for a particular purpose. HBN will not be responsible for any damages the Subscriber suffers. This limitation includes loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions, whether due to general maintenance of the network or caused by the Subscriber or due to HBN's negligence, errors or omissions, or due to inadvertent release or disclosure of information sent by the Subscriber.
3. The services furnished by HBN to Subscriber under this Agreement may only be used for lawful purposes. Unauthorized transmission or storage of any information, data, or material in violation of any Federal or state law or regulation is prohibited. This includes, but is not limited to copyrighted material, material that is obscene or material protected as a trade secret. Subscriber agrees to indemnify and hold harmless HBN from any claims (including HBN's attorney fees) resulting from Subscriber's use of the services, which damages the Subscriber or another party or parties.
4. Subscriber certifies that he/she is at least 18 years of age. HBN assumes no liability for use of its service by a minor.
5. HBN has the right to suspend or terminate Subscriber's service at any time, and for any reason, without notice. Reasons for suspensions or termination include, but are not limited to "spamming" (distribution of unsolicited mass e-mailings which provoke complaints from the recipients), virus infections, and abusive or threatening communication or solicitation.
6. Accounts must have a valid Credit Card, issued in the name of the Subscriber, on file at all times. A Subscriber's first invoice will be billed to the Credit Card before an account is activated. Service is invoiced in advance to be paid in advance. The initial invoice will include any/all hardware being purchased, activation fees when applicable, and fees for services to be rendered. Fees for services will be prorated to bring account to coincide with our billing cycle. Payments are due on the last business day of the month unless otherwise stated. State and Federal taxes and surcharges may apply. Past due accounts are subject to Late Fees and Disconnection Fees as outlined on the invoice in which the charges were current. Accounts will not be credited for periods of service interruption due to nonpayment disconnection or if a creditable outage occurs during a period in which the account was not paid.
7. HBN has the right to delete all data, files or other information that is stored in HBN's computer systems with respect to Subscriber's account, if either Subscriber or HBN terminates Subscriber's service with HBN, for any reason. Data-retention and/or back-up are the responsibility of Subscriber.
8. Service is continuous until cancelled. If a Subscriber wishes to cancel his/her account, or any single service after the first 15 days of service(s), notification must be submitted in writing via signed letter or fax. Cancellations may also be submitted via e-mail sent to billing@hyperband.com. It is Subscriber's responsibility to confirm HBN's receipt of the cancellation notice. A cancellation notice must be submitted to HBN a minimum of 30 days in advance of its proposed effective date. No refunds will be given for partial months already charged to credit cards. If an account becomes Sixty (60) days past due, HBN reserves the right to bill the Credit Card or Bank Account on file for the outstanding balance. If the balance is still uncollected HBN reserves the right to invoice the account for the remainder of the contractual term obligation, for the purchase of any hardware that has not been returned to HBN, and to cancel the account. HBN reserves the right to use an outside collection agency at it's discretion to assist in recovering past due balances.
9. All equipment not purchased from HBN, but supplied by HBN for use with HBN's high-speed Internet service remains the property of HBN. Upon termination of this contract for service, all such equipment must be returned to HBN. In the case that Subscriber enters into a term agreement, i.e. - an agreement which binds subscriber to service for a period of time, Subscriber has a 30 day period in which he/she can cancel service without penalty. After the 30 Day period, Subscriber is responsible for fulfilling the service agreement or paying a penalty to terminate the agreement which may include but is not limited to: the purchase of any and all equipment provided by HBN and/or rental fees for use of equipment during that time period. Should the Subscriber fail to return non-purchased equipment within 30 days of cancellation, HBN reserves the right to charge the undersigned Subscriber the HBN Retail price for said equipment on the credit card of record.
10. HBN provides basic connectivity support, but reserves the right to limit or not offer content support for certain software or operating platforms which are the responsibility of the account holder. HBN will provide additional support services for an hourly fee.
11. HBN's high-speed Internet service is a shared high bandwidth Internet service, and HBN reserves the right to prohibit or limit uses of the service that could unduly interfere with the provision of service to other Subscribers. Subscriber agrees not to conduct Web services or operate any type of server through his or her HBN account.
12. 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. HBN reserves the right to change rates and/or otherwise modify these Terms and Conditions, and to notify Subscriber by e-mail, web page, or letter 30 days in advance of the effective date of the change.
13. Use of HBN's network constitutes acceptance of these Terms and Conditions and an agreement to pay for use of the services as outlined herein.
14. All repairs and modifications of the HBN network and systems shall be made by HBN or its authorized agents. Subscriber agrees not to disturb, tamper with, reroute or in any way interfere with any component of the HBN network or systems. Subscriber agrees to repay HBN any and all damages resulting from any tampering or modification of the HBN network or systems and the value of HBN service, if any, plus reasonable costs and attorney's fees incurred by HBN in enforcing this provision.
15. HBN is not responsible for problems with the operation of computers and other equipment not owned by HBN. In the event that HBN's systems repair service is requested for problems, which, in HBN's judgment, relate to equipment not owned or installed by HBN, a service charge will be imposed for visit.
16. Subscriber agrees that (i) HBN and Subscriber's property management company or homeowners association may contact Subscriber via Subscriber's hyperband.com email address; and (ii) that this Agreement for HBN's services is entirely independent, separate and distinct from any contract HBN has or may have with the property developer, owner, association or manager and that Subscriber shall not have any rights against nor shall seek any recourse against developer, owner, association or property manager as a result of, or in reliance upon, this Agreement.
17. Entire Agreement: If any provisions of this Assignment or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Assignment and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
18. Applicable Law. This Agreement shall be governed and construed in accordance with applicable federal laws and regulations and by the laws of the jurisdiction in which the Premises are located, without regard to its choice of law principles.
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