This agreement is entered into by and between you the subscriber (Subscriber) and South East Wireless, LLC (Provider) (known hereafter as SEW) at PO Box 970 Slocomb AL 36375, for the purpose of establishing the terms and conditions under which Provider will furnish Wireless Internet Access Service.

SERVICE TO BE PROVIDED.

Provider, under the terms of this agreement, will furnish to Subscriber the selected package of Wireless Internet Access Service agreed upon at time of installation.

TERM OF THE AGREEMENT.

This Agreement shall be in effect for an initial term commencing with service inception and continuing for as long as service is being provided. Customer has the right to cancel subscription to service(s) at any time. South East Wireless, LLC owns all equipment, antennas, cables, router, and select software and upon any termination, all equipment must be returned to SEW. All equipment will be returned within 10 business days from last date of service. Any unreturned equipment will be billed to the Subscriber in the amount of $650.00 for equipment fees or the cost of any unrecoverable equipment.

CHANGES TO SERVICE.

Subscriber may choose to change their Wireless Internet Access package/speed without violating the terms of this agreement. A move of service will incur a minimum fee of $75.00.

PAYMENT SCHEDULE.

Subscriber will be billed installation charges, as well as the appropriate rates for the first month of Wireless Internet Access Service at speed selected during installation. South East Wireless has several options for payment – 1) invoice customers monthly, (2) reoccurring charge on debit or credit card, (3) reoccurring ACH. Mailed payments will be charge a $2.00 surcharge for postage and supplies. Wireless Internet Access Service charges are due and payable one month in advance and due on the same date as the install on the following months. Failure to pay monthly service charges within the specified time on the bill, shall give Provider the right, without liability, to temporarily suspend Wireless Internet Access Service. The Provider is not liable for any loss of business, loss of phone service, or any style of Internet services from a deactivated Internet account. A returned check will be considered non-payment of the account. Restoration of service will require payment of any unpaid balance and a reconnect charge of $75 may be applied. If service is not reconnected within thirty (30) calendar days after non-payment suspension, the Wireless Internet Access Service will be considered permanently disconnected. To restore service after a permanent, disconnect, payment of the full unpaid balance, late fees, and reconnection fees charges may apply.

LATE FEE.

The provider will charge a $25 late fee on all late payments.

RETURNED CHECK CHARGE.

A $30.00 processing fee will be charged on all returned checks.

USER TERMINATION OF SERVICE.

Customer must give SEW (30) days’ notice of termination of service and a charge equal to one month’s service charge will be paid upon termination of service.

COMPANY TERMINATION OF SERVICE.

Provider reserves the right to refuse any future or immediate service to anyone at our discretion who is abusive, inappropriate and/or making threatening remarks or behavior on the phone, in person or through email to any of the provider’s staff.

CUSTOMER PROVIDED EQUIPMENT.

Any equipment not purchased from Provider is customer provided equipment. Provider is not responsible for support of customer provided equipment and Subscriber will be liable for the expense of a service call if such equipment adversely affects Wireless Internet Access Service.

CUSTOMER PRE-INSTALLATION.

The installation date and time will be determined by Provider and communicated to Subscriber as early as possible. Prior to or during installation, Subscriber and Provider will determine if Subscriber’s computer(s) are configured appropriately for the Wireless Internet Access Service connection. If not, Subscriber will be required to purchase or provide the appropriate hardware for the service to work. In the event a Subscriber installs a network utilizing the provided Wireless Internet Access Service modem, it is with the clear understanding that Provider is not responsible for any problems that may occur. Provider will not dispatch a technician to Subscriber’s location to resolve any computer and/or network-related problems. Provider will not perform work on any of Subscriber’s computers.

CUSTOMER INSTALLATION.

The subscriber authorizes SEW. or its contractor(s) to install the necessary wiring and subscriber unit required for wireless internet service on the premises specified by the subscriber at the time of installation. The standard installation includes the mounting of a subscriber unit with mounting brackets, a wireless transceiver on the outside of the house and/or building, the routing of cable(s) by the most direct path to one computer and/or router on the subscriber’s premises. Extensive fishing of walls and/or attic crawling is not included with standard installation. SEW should not be responsible or liable for repair or restoration of any structure or surface altered or penetrated during installation or removal of antenna, mast, tripod, wiring, or any other SEW equipment located at the subscriber’s location.

DELAY.

Provider will not be liable for any delay in the delivery or installation of Wireless Internet Access Service or for any damages suffered by Subscriber by reason of such delay regardless of whether such delay is directly or indirectly caused by Provider.

INJURIES OR DAMAGES.

Subscriber agrees to indemnify, and hold SEW harmless for any injuries or damages sustained during or as a result of the installation of the Leased Equipment by the Provider or by any agent of Provider.

SERVICE CALLS.

If Provider is called to Subscriber’s site and it is determined that the problem is other than the Wireless Internet Access Service and/or the Wireless Internet Access interface, a minimum service fee of $75.00 will be charged for the first hour and in half hour increments thereafter. The stated rates apply during regular business hours. Overtime, weekend, and holiday rates will be higher. The provided Wireless Internet Access Service hardware is warranted by its manufacturer for a period of two (2) years. During the two (2) year manufacturer’s warranty period Provider will support the hardware for problems covered by the manufacturer’s warranty.

SERVICE DELIVERY.

Wireless Internet Access connection speed (10 Mbps to 40 Mbps, depending on package chosen) is measured between Subscriber’s location and the Provider access point. Connection speeds may be lower under conditions of high Internet usage. Actual data transmission or throughput may be lower than the connection speed due to Internet congestion, server or router speeds, protocol overheads, and other factors which cannot be controlled by Provider.

OBSTRUCTIONS.

Wireless Internet communications is dependent on a clear Line of Sight to the Access Point (AP), which is the point where the wireless connect to our broadband ISP partner(s). SEW will make every reasonable effort to provide our subscriber with the best service possible. Unfortunately, some location could experience changes in service due to seasonal changes, i.e. spring and summer foliage, which in turn affects the line of sight to the AP. SEW shall not be responsible or liable for the following:
  a. Any obstruction(s) that might be erected or grow between the subscriber unit at Subscribers’ location and the Access Point which causes degradation to loss of service.
  b. Debris or ice on the subscriber unit located at Subscriber’s location.
  c. Excessive aiming or re-aiming the antenna located at Subscriber’s location more than ten (10) days after its installation.

SHARING OR RESELLING.

The Connection is intended solely for use within the home, apartment, or office in which it is originally installed. Subscriber may not share the connection with other locations, unrelated parties, other business entities or their employees. Reselling Internet services obtained through the Connections is strictly prohibited.

CONSEQUENTIAL DAMAGES.

Provider is not responsible for any incidental or consequential damages resulting from failure of, or suspension of, Wireless Internet Access services.

HARDWARE.

Any customer-owned or provided equipment that you use in conjunction with the service must meet current minimum technical requirements which is a computer purchased within the last five years running an up-to date installation of Windows or MAC OS with a natively supported ethernet or wireless card properly installed.

VPN.

Provider does not support any use of a VPN with any customer equipment. VPNs reduce bandwidth speed by as much as 75%.

VOICE OVER IP (VOIP).

Provider does support but does not guarantee Voice Over IP Protocol. Any number of factors can take down a Voice Over IP telephone line. We suggest either a backup land line or a cellular phone if you use the Voice Over IP services.

TV OVER IP (IPTV).

Provider does support but does not guarantee TV Over IP Protocol. Any number of factors can take down a TV Over IP television line. We suggest either DirecTV, Dish Network, or other TV service provider if you continue to have problems with TV over IP Protocol.

MAINTENANCE.

Routine maintenance and periodic system repairs, upgrades and reconfigurations, public emergency or necessity, force majeure, restrictions imposed by law, acts of God, weather, labor disputes and other situations, including mechanical or electrical breakdowns, may result in temporary impairment or interruption of service. As a result, SEW does not guarantee continuous or uninterrupted service and serves the right, from time to time, to temporarily reduce of suspend service without notice. Subscriber shall indemnify and hold SEW and its directors, officers, employees, and agents harmless from any and all obligations, charges, claims, liabilities and fees incurred as the result of interruptions or omissions of service under this Agreement.

PERIODIC MONITORING.

Subscriber consents to the periodic monitoring of Subscriber’s use of the Connection and SEW network by SEW as may be reasonably required by SEW to conduct its quality control activities.

EXCESSIVE USE POLICY.

As with all internet service providers, SEW., does have an Excessive Use Policy. The vast majority of South East Wireless LLC. customers use their connection in a manner that does not infringe on other SEW customers. An extremely small percentage of customers use their SEW connection excessively, or at such extreme high volumes, that they use more than their share of the overall SEW connection. While this high-volume use among our customers is exceedingly rare (less than 1%), SEW reserves the right to throttle the network speed of any offending customer down to a lower sustained rate. SEW would like to stress that this is an extremely rare occurrence and that it only affects those customers who constantly abuse their connection by maintaining extremely long periods of sustained upstream and downstream traffic that maxes out their connection. SEW expects that almost all its customers will remain unaffected by this as they maintain their normal Internet usage.

UNACCEPTABLE USE.

SEW may, at its discretion, immediately terminate or reduce service to the subscriber upon any single or multiple incidents of the following conditions: (A)Interfering with the distribution of internet service to other subscribers and/or their equipment on the SEW wireless network; (B) Propagation of computer viruses and/or spyware (C)Unauthorized entry into another person(s) or organization(s) computer, systems, and/or information (D). Unsolicited blanket emailing known as “spamming” (E) Any violation of local, state, federal or international law or that of any Sovereign Nation, as well as SEW. AUPs.

COMMITMENT OF SERVICE.

SEW continually strives to be the premier Wireless Internet Access Service Provider in Alabama. As part of this commitment, our Network Operations Center (NOC) Engineers proactively monitor performance on our network backbone to ensure SEW has adequate backbone bandwidth to accommodate high-speed service for our entire customer base.

SPEED OF CONNECTION.

It is important to SEW that our customers clearly understand the difference between purchased bandwidth and throughput. First, some background about the Internet. The Internet is a mesh network comprised of multiple independent Internet Service Providers, Enterprise Level Customers and Residential Customers located throughout the world. As such, there are various WAN routing protocols that make up the Internet including, but not limited to, Frame Relay, ATM, IP over Ethernet and IP over SONET. With these WAN routing protocols come various overhead requirements that reduce the amount of throughput possible for all Internet customers. In addition, TCP is the primary transport layer protocol utilized throughout the Internet. HTTP (www sites), HTTPS, FTP, TELNET and many other applications utilize the TCP protocol suite as their transport layer protocol. TCP is a connection-oriented protocol thus also has overhead requirements. Most in-depth testing and research show that the average customer will get optimal throughput of 90% to 99% of their purchased bandwidth. This (90% to 99%) is considered the best possible throughput results and can degrade should there be congestion on the Internet (whether the congestion be with the source ISP, destination ISP or Internet backbone, including access points or peering points). Remember that other congestion factors could come in play that reduce this speed, but this would be your optimal (best possible) throughput speed.

ADDITIONAL TERMS.

If either party commences an action against the other party to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs from the non-prevailing party. If any provisions of this Agreement are held to be illegal, invalid, or unenforceable, such shall not invalidate the remaining provisions hereof. This contract supersedes any previous agreements, verbal or written. In the event of legal action arising out of or related to this Agreement, including claims for non-payment of amounts owed here-under, Geneva County, Alabama shall be the exclusive jurisdiction and legal venue for said action and this Agreement shall be construed according to the laws for the State of Alabama.