Wireless Internet Service Agreement

By establishing an account or using the Services of AirFi, Inc.(“AirFi”, “we”, or “us”), you agree to be bound by this Agreement and to use the Service in compliance with this Agreement, our Acceptable Use Policy
available at: www.airfi.today/airfi-terms#AUPand other policies.
The following terms and conditions apply to you as an AirFi customer. In using our Services, you agree to adhere to this terms and conditions of the Agreement as AirFi may modify it from time to time. In the event that any portion of this agreement is altered or changed by AirFi, the latest shall be available at www.airfi.today/airfi-terms.Changes shall be effective when posted. The Acceptable Use Policy is incorporated into and made a part of this Agreement.

Services

During the Term, we will provide you with a high-speed connection to the Internet for lawful uses via our network and computer facilities, which shall be operated seven days per week, 24 hours per day (the “Services”).The Services are subject to temporary unavailability or interruptions due to our service requirements, network maintenance, repair and modification, facility upgrades, acts or omissions outside of our control, and force majeure(such as natural disasters, acts of God, war, labor strikes, fire, disease, or other situations outside of our control).

Our Basic, Standard, Premium, Tarana Bronze, Tarana, Silver, Tarana Gold, and Tarana Platinum packages are for single-family residential use only, and you may share a single connection only within the boundaries of that residence. Our Business Package and/or Tarana Business Package are for a single business property only. WiFi sharing with guests or customers of businesses or RV parks is permitted when the business's guest or customer is at the business location, but not with anyone not on the property of the business. Allowing others to use this connection via wired, wireless (Wi- Fi or other technology)or by other means may result in immediate disconnection. Reselling the Services will result in immediate disconnection. Businesses interested in setting up Wi-Fi hotspot must contact AirFi to obtain permission to do so.

For service related issues that require a truck roll to the customers property, there will be a $100/hour fee (minimum 1 hour charge).  There is no fee for remote technical support.

Term and Service Options

When you sign up for the Services, your initial commitment is for 24 months. After 24 months, there will be no further commitment on either side and the agreement will become month-to-month. Any changes in service tier will result in a new 24-month agreement starting from the date of the change. All service tiers have no data caps or throttling.

The monthly fees depend on the service tier that you select from options below:

·        Basic (speeds up to 5 Mbps): $79.99

·        Standard (10 Mbps): $109.99

·        Premium (15-20 Mbps): $179.99

·        Business (25-30 Mbps): $209.99

Tarana PLUS PACKAGES (where available):

·        TARANA BRONZE (speeds up to 25 Mbps): $79.99

·        TARANA SILVER (speeds up to 50 Mbps): $109.99

·        TARANA GOLD (speeds up to 75 Mbps): $179.99

·        TARANA PLATINUM (speeds up to 100 Mbps): $209.99

·        TARANA BUSINESS (speeds up to 100 Mbps): $209.99

These fees include all taxes and fees, a radio unit on the outside of your home or business, and a Router (or) AC Mesh unit (the “Customer Equipment”).  The Customer Equipment is sufficient in most cases to provide a single internet connection to your home. We do not provide cable modems. Additional equipment can be rented as follows:(1) additional AC Mesh units may be rented for $15/mo./unit (minimum 2 needed for extended wifi coverage), (2) a dummy switch may be rented for $10/mo./unit, and (3) point-to-point equipment for non-standard locations or installs may be rented for $49.99/mo. The specific equipment needed for your install may vary depending on your location and the installation’s complexity.

Installation is a flat fee of $199 for BASIC Installation.

For more elaborate installations there is an additional fee of $75/hour plus any additional equipment costs are required to be paid by the customer.

INSTALLATION COSTS ARE NON-REFUNDABLE.

If you want to cancel during the first 14 days, you can do so by paying us a reduced early termination fee of $75. If you want to cancel any time thereafter, you can do so by paying us an early termination fee of $200.

We reserve the right to terminate this Agreement, your password, your account, or your use of the Internet Service, at any time, for any reason without prior notice. Examples of such termination would be if we believe you have violated either this Agreement or any of the applicable user policies ,or if you fail to pay any charges when due. We may provide termination notice to you by email addressed to your email account, or by US Mail or courier service to the address you provided for the Service, but we are not required to do so.

Billing and Payments

Payments are due monthly. You are late if your payment is not received 7 days after it is due and we reserve the right to disconnect the Services if payment is not received within 15 days.

All payments should be made by ACH, debit or credit card unless specific other arrangements have been made. YOU SPECIFICALLYAUTHORIZE US TO CHARGE THE PAYMENT METHOD ON FILE FOR AMOUNTS DUE TO US, INCLUDING EARLY TERMINATION FEES OR FOR DAMAGED EQUIPMENT. We will only give account information to the registered account holder. Please make sure to add a spouse’s name or other person to the application if you want them to have access to change the account in any way.

A $15.00 late payment fee shall be assessed on any account not paid within six days from the due date of the invoice. If we have disconnected the Services for nonpayment, we reserve the right to charge a$25.00 reconnection charge in addition to late payment fee. If we need to provide a service call to reconnect the Services, that fee will be an additional $75.00 fee. If we have to file a lawsuit, or otherwise engage a third party to collect any unpaid balance, you agree that you will pay court costs, reasonable attorney fees, and other reasonable fees associated with our efforts to collect the unpaid balance. If we have to terminate the services due to your violation of this Agreement, you will be assessed an early termination fee in the amount of $200.

Equipment

We own all equipment, power supply, antennas, routers, mesh units, and standard mounting equipment provided to you for the Services (collectively, the “Equipment”). You may not sell, transfer, lease, encumber or assign all or part of the Equipment to any third party. At the end of our service relationship, we reserve the right to remove or request that you return such Equipment. If you damage (through your negligence), do not return, or permit us to remove, the Equipment at the end of our service relationship, we will charge you its reasonable replacement cost, currently estimated to be $400.

Service Calls and Maintenance

Service calls will be billed to you at the standard rates of$100/hour plus the costs or replacing any damaged equipment in effect at the time of the service call, and can be scheduled during AirFi’s normal business hours of 9 AM-5 PM Monday-Friday.

We are not responsible for anything outside of the AirFi network and backbone connectivity, or any connectivity beyond our Equipment (for example, with your computer or other network equipment as may be located inside your home or business, but not provided by AirFi).

Indemnification/Release

You agree to indemnify, defend, release, and hold harmless AirFi, our affiliates, subcontractors, employees, agents, assigns or successors from any liability for any claims, losses, actions, damages, suits, or proceedings arising directly or indirectly out of, or otherwise related to, your installation, use, or termination of AirFi Services, including such actions as may be occasioned by AirFi’s negligence, or from your breach or violation of this Agreement.

Disclaimer

We assume no responsibility for the content contained on the Internet or otherwise available through the wireless network or from any source accessible via our Services. You acknowledge, understand and agree that we exercise no control whatsoever over the content, accuracy or quality of the data and information passing through our network or any products or services ordered by you via our network. The Services, and any information, products or services obtained by you through your use of our Services, are provided "AS-IS". We make no warranties or representations of any nature or description, either express or implied, with respect to the services to be provided hereunder including, without limitation, any warranties of non-infringement, quality, performance, merchantability or fitness for a particular purpose or use. This disclaimer of warranties constitutes an essential part of this agreement.

Limitation of Liability

Under no circumstances and under no legal theory (tort, contract or otherwise) will we be liable to you or any other person or party for damages of any kind or nature including, but not limited to, any direct, indirect, special, incidental, consequential or punitive damages of any character whatsoever, arising out of our provision of the Services, or our failure to provide the Services, including, but not limited to, damages for loss of goodwill, work stoppage, computer failure or malfunction, or losses of data or information due to delays, non-deliveries, mis-deliveries or interruptions in service, regardless of the cause therefore.

Governing Law and Venue

The laws of the State of Georgia shall govern the terms of this Agreement. The parties hereto stipulate and agree that the exclusive venue for the resolution of all disputes concerning this Agreement shall be Spalding County, Georgia.

Binding Arbitration.

Any dispute, claim or controversy, excluding debt collection disputes and activities, arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration. Judgement on the award may be entered in any court having jurisdiction. The judgement of any such arbitration shall be binding unto the parties.

 

Monitoring of Service

We have no obligation to monitor the Service, but may do so from time to time. We will not disclose any personal or identifiable information to any other party unless we are legally obligated to do so, including, but not limited to satisfying laws, regulations, or governmental or legal requests; operating the Services properly; or to protect ourself and our interests.

We may immediately remove your material or information from our servers, in whole or in part, if we, in our sole and absolute discretion, determine that such material or information infringes on another party's proprietary rights or violates this Agreement.

Abuse of Service

Any use of the Services that disrupts its normal use for other customers is considered abuse of Services. The propagation of computer worms, viruses, spyware, adware or the use of the network to make unauthorized entry to any other computer systems, AirFi equipment, or other communication devices or resources of others is a violation of this Agreement. The use of our Services to modify, alter, reverse engineer, decompile disks, or disassemble any proprietary work in whatever form is a violation of this Agreement. The failure of any customer running IPX to use an IP tunneling protocol is a violation of this Agreement. The broadcast of Routing Internet Protocol (RIP)or any other inter-router protocol by a customer is a violation of this Agreement. Any customer deemed by AirFi to be in violation of this section is subject to immediate termination of the Services. Termination under this section shall have no liability other than to refund any unearned prepaid service fees including direct, indirect, incidental or consequential damages, and will result in the imposition of a $200 early termination fee in AirFi’s discretion, plus the return of said equipment or paying $400 for said equipment.

I have read the Wireless Internet Service Agreement and agree that it sets forth the agreement between AirFi, Inc., and me, regarding AirFi’s provision of Internet Services to me.



Acceptable Use Policy

This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Wireless Internet Service Agreement with AirFi. If you engage in any of the activities prohibited by this AUP document, AirFi reserves the right, at its sole discretion, to suspend or terminate your service. AirFi’s Acceptable Use Policy (the “Policy”) for AirFi Services is designed to help protect AirFi, AirFi’s customers and the Internet community in general from irresponsible or, in some cases, illegal activities. This Policy is a non-exclusive list of the actions prohibited by AirFi. AirFi reserves the right to modify the Policy at any time, effective upon posting at our website.

1. Transmission, distribution, reception or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

2. Sending Unsolicited Bulk Email (“UBE”, “spam”). The sending of any form of Unsolicited Bulk Email through AirFi’s servers or services is prohibited. Likewise, the sending of UBE from another service provider advertising a website, email address or utilizing any resource maintained or hosted by AirFi’s systems or servers, is prohibited. AirFi accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by AirFi customers bust be Closed-loop (“Confirmed Opt-In”). The subscription confirmation messages received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any AirFi-hosted domain, or referencing any AirFi account, is prohibited.

4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, and denial of service attacks.

5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.

6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (“cracking”, “hacking”).

7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.•

8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of AirFi customers or end-users by any means or device.

9. Knowingly engaging in any activities designed to harass, or that will cause denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the AirFi network or on another provider’s network.• Using AirFi’s Services to interfere with the use of the AirFi network by other customers or authorized users.

10. Using AirFi’s Services to provide a private game server for any game which prohibits such actions in its Terms of Service or Acceptable Use Policy (for example, unauthorized MMORPG servers).

11. Using a residential service plan to host any type of server or other device that actively delivers any type of commercial content to other Internet users (other than authorized private game servers).

12. Posting, transmitting, or uploading the information of, nude or obscene photographs of (including but not limited to “Revenge Porn”), or personal data of any person without the written consent of that person is strictly prohibited under this Acceptable Use Policy. Doing so will result in immediate termination of Services. AirFi may, at its sole discretion, refuse to re-establish service in any way for any customer that violates this section.

Customer Responsibility for Customer’s Users
Each AirFi customer is responsible for the activities of its end users and, by accepting service from AirFi, is agreeing to ensure that that the customer, and anyone who uses the services provided to the customer abide by this policy. We take complaints about abuse by customers or end users seriously, and if we determine that a customer or end user has violated this Policy, we reserve the right to terminate services with or take action to stop the offending customer from violating this AUP as we deems appropriate, without notice.