Terms & Legal Policies

BROADBAND WIRELESS SUBSCRIBER AGREEMENT This Agreement describes the terms and conditions between you (“Subscriber” or “You”) and Shelby Electric Cooperative (“Service Provider”, “Us” or “We”) applicable to the broadband wireless internet service. Please read this Agreement carefully since it contains important contract rights and obligations between You and Service Provider, as well as important limitations on those rights. If You would like to contact Us, You may call 1-877-994-2323, contact Us through our “Contact Us” page on our website www.shelbyelectric.coop, or write to Us at: Shelby Electric Cooperative PO Box 166, 1355 State Highway 128 Shelbyville, IL 62565 1. The Service. 1.1 Description. The Service consists of a broadband wireless internet access service as further described in this Agreement (the “Service”). Service is in available locations that have unobstructed line-of-sight capability to an antenna operated by Service Provider, and its usage is subject to Service Provider’s Fair Access and Acceptable Use Policies. In order to receive the Service, You must pay Us the Installation Fee described in Exhibit A. and pay the monthly Subscriber Fee described in Exhibit A for the Service plan selected. During the Minimum Service Term set forth in Paragraph 3.1, the monthly Subscriber Fee shall not be modified, unless You subsequently select a different Service plan. After the expiration of the Minimum Service Term, Service Provider may, as provided in Paragraph 6.1, from time to time, modify the Subscriber Fee for the Service plan selected. 1.2 Equipment. During the period that We provide You Service under this Agreement, We will provide, at no cost to You, other than the Installation Fee as set forth in Paragraph 1.3, an antenna, related equipment and cable (the “Equipment”) for your use in connection with the Service. Only Service Provider or an authorized installer designated by Service Provider may install the Equipment at your location. The Equipment is and shall remain the sole property of the Service Provider, and, for a period of one (1) year after the effective date of the termination of your Service, We shall have the right, but not the obligation, to enter the location of your Service and remove the Equipment. At the termination of Service and at the time of the removal of the Equipment, the Equipment shall be in the same condition that the Equipment was in at the time of its installation. Any damage caused to the Equipment, whether caused by You, any other person or any other conditions, shall be your responsibility. You shall pay Us the cost to repair any damage to the Equipment, or, if the cost to repair the Equipment exceeds the replacement cost of the Equipment, You shall pay Us the cost to replace the Equipment. 1.3 Equipment Installation Fee. You will be charged a fee for the installation of the Equipment (the “Installation Fee”) at your location. The Installation Fee will be billed to You and must be paid with the first month’s Subscription Fee unless it is determined the Installation Fee will be required to be paid prior to installation. 1.4 Equipment Maintenance and Optional Maintenance Fee. During any period in which You are receiving the Service, only Service Provider or its authorized representative shall maintain the Equipment. You agree to pay the costs of such maintenance, including but not limited to, service calls, unless You have elected to pay a monthly Maintenance Fee as set forth in Exhibit A. If You have elected to pay and have paid the monthly Maintenance Fee together with all other fees set forth herein, We will repair and maintain the Equipment during the period that the Service is being provided, except that such repair or maintenance provided pursuant to the Maintenance Fee shall not cover repair of any damaged caused by the negligent, willful or intentional act of You or other persons lawfully on your premises. 1.5 Subscriber Support. Subscriber support will be provided by Service Provider during regular business hours by calling 1-877-994-2323. This support is limited to the broadband wireless antenna installed and does not include any router systems or other computer systems at your location. 2. Minimum System Requirements. Your computer must meet certain minimum requirements to receive the Service as set forth on Service Provider’s website www.shelbyelectric.coop. It is your responsibility and at your expense to obtain, maintain, and operate suitable and fully compatible computer equipment required to access the Service. 3. Term and Termination; Minimum Service Term. 3.1 Minimum Service Term. Your service plan requires a 24-month minimum service term (“Minimum Service Term”) as set forth in Exhibit A. If You terminate service prior to the expiration of the Minimum Service Term, You will owe (and your credit card, debit card, or bank account may be charged) the Termination Payment as described below. 3.2 Term and Termination. The term of this Agreement commences on the date your Service is activated and continues for the duration of the Minimum Service Term unless terminated earlier by You or Us in accordance with this Agreement. After the Minimum Service Term expires, the term of this Agreement will automatically renew on a month-to-month basis. 3.3 Termination Payment. If You terminate the Service prior to the expiration of the Minimum Service Term, You will be charged a Termination Payment equal to product of the number of months remaining in the Minimum Service Term times the Subscription Fee for the Service Plan then in effect plus the sum of $100.00 for the cost of removal of the Equipment. The payment of the Termination Payment shall not relieve You of any responsibility for the repair or replacement of any damaged Equipment as set forth in Paragraph 1.2 4. Who May Use The Service? - Responsibility and Supervision. 4.1 Age and Account Set-Up. You represent that the Service will be installed and used solely at the location where installed. You represent that You are at least 18 years of age. You agree that You are responsible for obtaining installation services for the equipment from Service Provider or an authorized installer designated by Service Provider and for verifying and maintaining the account, options, settings and other parameters under which the Service is used, including (without limitation) all related passwords and user identification information. 4.2 Multiple Use of Account. Use of the Service is limited to the address associated with the location where initially installed. Use of the Service does not include adjacent apartments, residences, offices or any type of space not physically associated with your address. Any use of the Services other than as specified above constitutes an unlawful and unauthorized use of the Service and a material breach of this Agreement, regardless of whether You receive any compensation for such use, and may result in the immediate termination of the Service and the imposition of the Termination Fee without prejudice to any rights and remedies available to Service Provider under this Agreement, at law and at equity. 4.3 Installation of Equipment. You represent that there are no legal, contractual or similar restrictions on the installation of the Equipment in location(s) You have authorized. It is your responsibility to ensure compliance with all applicable building codes, zoning ordinances, homeowners’ association rules, covenants, conditions, and restrictions related to services provided under this Agreement, to pay any fees or other charges, and obtain any permits or authorizations necessary for services provided under this agreement (collectively "Legal Requirements"). You are solely responsible for any fines or similar charges for service in violation of any applicable Legal Requirements. You acknowledge and agree that Service Provider or our authorized installer will be required to access your premises or system and to install,l and, if You elect to have Us maintain the Equipment, to maintain the Equipment, including the antenna and its components, necessary for You to receive the Service inside and outside your home. By signing this Agreement, scheduling a service or installation visit, and permitting Us to enter your home, You are authorizing Service Provider or our authorized installer to perform all of the above actions. NEITHER SERVICE PROVIDER NOR OUR AUTHORIZED INSTALLER SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES RESULTING FROM INSTALLATION, REPAIR, REMOVAL, REINSTALLATION OR OTHER SERVICES, INCLUDING AND WITHOUT LIMITATION, DAMAGE TO YOUR PREMISES, LOSS OF SOFTWARE, DATA OR OTHER INFORMATION FROM YOUR COMPUTER. You are responsible for backing up 2 the data on your computer and We highly recommend that You do so prior to permitting access to Us or one of our authorized installers. Timeframes for installation, if any, are not guaranteed and may vary depending on the types of services requested and other factors. 4.4 Subscriber Responsibility. You agree that you are responsible for all access to and use of the Service through your account or password(s) and for any fees incurred for Service or any other expenses incurred in accordance with the terms of this Agreement. You acknowledge that You are aware that areas accessible on or through the Service may contain material that is unsuitable for minors (persons under 18 years of age). You agree to supervise usage of the Service by minors who use the Service through your account. You ratify and confirm any obligations a minor using your account incurs or assumes and any promises or permissions such minor makes or gives. 5. Fees and Payment. 5.1 Fees, Taxes and Other Charges. (a) Commencement and Duration of Monthly Subscription Fees. You acknowledge that (subject to any exceptions granted by Us) a monthly Subscription Fee will apply for each and every month (or portion of a month) that You are a subscriber beginning with the date your Service is activated. Your account will continue until You cancel the account in accordance with the method(s) specified by Us (unless otherwise terminated in accordance with this Agreement). As stated above, You may cancel your account at any time, subject to payment of the Termination Fee if applicable. The monthly Subscription Fee shall cease to apply for any months after the billing month in which You cancel or terminate your account in accordance with these terms and conditions. (b) Billing and Charges. You agree to pay, in accordance with the provisions of the billing option You selected, all fees and other amounts charged to or incurred by You or by users of your account at the rates in effect at the start of the billing period in which those amounts are charged or incurred. You agree to pay all applicable taxes related to your use of the Service, provision of services, software or hardware or the use of the Service by users of your account. Information on charges and surcharges (if any) that are to be paid to Us and are incurred by You or by users of your account will be made available to you on the Service Provider website, and You agree that this is sufficient notice for all purposes as to charges incurred and paid or to be paid to Us. Charges for the first month of the subscription will be prorated based on the date the subscription was commenced, and charges for the last month of the subscription will be prorated based on the date the subscription was terminated. Payment may be made by mail, at Service Provider’s office, by Automated Clearing House (ACH) transaction, by electronic billing (e-bill) through Service Provider’s website, or through Card Payment or EFT Payment, if elected as set forth in Paragraph 5.2. (c) Late Payment. If your payment is not received by the due date, You will be charged a one-time late penalty in the amount of 5% of the service agreement amount. If We do not receive payment from You before your next statement is issued, We have the right to suspend your Service or terminate this Agreement without notice. Termination of the Agreement by Us due to your default or nonpayment may result in a Termination Fee owed by You if You are subject to a Minimum Service Term that has not been satisfied. We reserve the right to correct and charge under-billed amounts for a period of 90 days after the incorrect statement was issued. Payment of the outstanding balance is due in full each month. 5.2 Payment Authorization. If You have so elected on Exhibit A, you agree that Service Provider can charge your credit card or debit card (“Card Payment”) or initiate an electronic funds transfer out of your bank account (“EFT Payment”) for payment of all Service fees, the Termination Fee or any other amounts payable under this Agreement. Additionally, You agree that Service Provider will bill your monthly Service fee in advance, and such Service fee will automatically be collected through either a Card Payment or EFT Payment. With respect to such charges, the following authorization applies: You authorize automatic Card Payments or EFT Payments by Service Provider. You agree that the charges described above will be billed to the credit or debit card provided by You when you applied for the Service until such time as You may authorize recurring EFT Payments. You must provide current, complete, and accurate information for your billing account, and promptly update any changes (such as a change in billing address, credit card number, credit card expiration date, bank account number). If You fail to provide Us with any of the foregoing information, You agree that Service Provider may continue charging You for any service provided under your account. If We are unable to process your credit or debit card at any time, your account may be immediately suspended or terminated, and You will remain responsible for all amounts payable by You to Us. Your card issuer agreement governs use of your credit or debit card payment in connection with this Service, and You must refer to that agreement with respect to your rights and liabilities as a cardholder. If We do not receive payment from your credit or debit card issuer or its agent, You agree to pay Us all amounts due upon demand by Us. You agree that Service Provider will not be responsible for any expenses that You may incur resulting from overdrawing your bank account or exceeding your credit limit as a result of an automatic charge made under this Agreement. Credit card payment is not required for residents of States where payment by credit cards may not be made mandatory. 5.3 Disputes and Partial Payments. If You think a charge is incorrect or you need more information on any charges applied to your account, You should contact our billing department. You must contact Us within 45 days of receiving the statement on which the error or problem appeared. We will make available to You a statement for each billing cycle showing payments, credit purchases and other charges. We will not pay You interest on any overcharged amounts later refunded or credited to You. We may, but are not required to, accept partial payments from You. If partial payments are made, they will be applied to amounts owed by You starting with the oldest outstanding statement. If you send Us checks or money orders marked "payment in full" or otherwise labeled with a similar restrictive endorsement, We can, but are not required to, accept them without losing any of our rights to collect all amounts owed by You under this Agreement. If We choose to use any collection agency or attorney to collect money that You owe Us or to assert any other right We may have against You, You agree to pay the reasonable costs of collection or other action including, but not limited to, the costs of a collection agency, reasonable attorney's fees, and court costs. 5.4 Reactivation. If your Service is suspended or terminated, including your failure to submit payment on time or for any other reason, in addition to payment of past due amounts, We may require a deposit before reactivating your Service. The amount of the deposit will not exceed one year of monthly fees. Amounts deposited by you will appear on your statement as a credit, and service charges and other fees will be invoiced as described above. If You fail to pay any amount on a subsequent bill, the unpaid amount will be deducted each billing cycle from the credit amount. Credit amounts shall not earn or accrue interest. If your Service is suspended or terminated for any reason, including at your request or because of your failure to pay past due amounts, and You want to reactivate the Service, You agree to pay a $20.00 reactivation fee. In addition You must bring your account up to date through the month of reactivation by making payment in full of any outstanding balance, fees and other applicable charges. 5.5 Credit Inquiries and Reporting. You authorize Us to make inquiries and to receive information about your credit experience from others, including credit reporting agencies, enter this information in your file and disclose this information concerning You to appropriate third parties for reasonable business purposes. In the case of late payment or non-payment for any of the Services ordered by You or any other charges, You understand and agree that We may report such late payment or nonpayment to the appropriate credit reporting agencies. 6. Modifications, Rights of Cancellation or Suspension. 6.1 Modification of this Agreement. Upon notice published over the Service, We may at any time (and from time to time) modify this Agreement, including and without limitation, our pricing and billing terms. We may, but are not required to, notify You by e-mail, online via one or more of the websites within the Service or other electronic notice. If You do not agree to such changes or additions, You must terminate this Agreement in accordance with Section 6.3 and stop using the Service prior to the effective date of such modifications. Your continued use of the Service after the effective date of such modifications constitutes your acceptance of such modifications. 6.2 Modification of the Service. We may discontinue, add to or revise any or all aspects of the Service in our sole discretion and without notice, including access to support services, publications and any other products or services ancillary to the Service. In particular, We reserve the right at our sole discretion to modify, supplement, delete, discontinue or remove any software, file, publications, information, communication or other content provided to You by Us in connection with the Service. If We undertake any of these changes, We may, but are not required to, notify You by e-mail, online via one of more of the websites within the Service or other electronic notice. If You do not agree to such changes, You must cancel your subscription and stop using the Service prior to the effective date of such changes. Your use of the Service after the effective date of such changes or additions constitutes your acceptance of such changes. In addition, We may take any action consistent with our Acceptable Use Policy, including actions to (a) prevent bulk e-mailing from entering or leaving any e-mail account or the network e-mail system, (b) delete e-mail messages if your e-mail account has not been accessed by You within a time established by Us from time to time, in our sole discretion, (c) instruct our system not to process e-mail or instant messages due to space limitations, (d) make available to third parties information relating to Us or its subscribers, subject to our Subscriber Privacy Policy, (e) withdraw, change, suspend or discontinue any functionality or feature of the Service, (f) delete attachments to e-mail due to potentially harmful materials included within such attachment, and (g) limit access to the Service to prevent abusive consumption and ensure fair access for all subscribers. 3 6.3 Termination by Subscriber. Subject to your payment of the fee for Services for the full billing cycle in which termination occurred, You may terminate this Agreement and discontinue your Service upon 30 days written/e-mail notice to Us. You must terminate this Agreement in accordance with its terms; failure to do so may delay or prevent Us from knowing a termination was intended. You will continue to be liable under this Agreement for all fees and charges until such time as the Agreement has been properly terminated or We have acknowledged such termination in writing or by e-mail. Your termination of this Agreement prior to the expiration of the Minimum Service Term will result in your liability for the Termination Payment set forth in Paragraph 3.3. 6.4 Termination or Suspension by Service Provider. We may immediately terminate your Service and this Agreement if You or a user of your account breaches this Agreement. We reserve the right in our sole discretion to terminate your account and this Agreement at any time or to suspend (with or without notice) or terminate access to or use of the Service in whole or in part. 6.5 Post-Termination or Suspension Obligations. Notwithstanding any cancellation or termination of this Agreement or any of your accounts, nor any suspension or termination of access to or use of the Service, You will remain responsible for all payment and other obligations under this Agreement, including the obligation to pay all charges that may be due as a result of or in connection with such cancellation, termination or suspension. Your payment and other obligations under this Agreement are not suspended or affected by a suspension of access to or use of the Service in whole or in part due to a violation (actual, threatened, or alleged) of this Agreement or of any law or legal obligation by You or any user of your account. 7. Permitted Use and Restrictions on Use. 7.1 Software License. If, in conjunction with this Agreement and the Service, We provide you with any software, We grant you a personal, non-exclusive, non-assignable and nontransferable license to use and display the software provided to You in connection with the Service (including any updates) only for the purpose of accessing the Service ("Software") on any machine(s) on which You are the primary user or which You authorize to use. Unauthorized copying of the Software, including software that has been modified, merged or included with the Software, or the written materials associated therewith is expressly forbidden. You may not sublicense, assign, or transfer this license or the Software except as permitted in writing by Service Provider. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this license is void and may result in termination by Us of this Agreement and the license. You agree that You shall not copy or duplicate or permit anyone else to copy or duplicate any part of the Software or create or attempt to create or permit others to create or attempt to create, by reverse engineering or otherwise, the source programs or any part thereof from the object programs or from other information made available under this Agreement. 7.2 Restrictions on Use of the Service. Service Provider reserves the right to immediately suspend your Service, and Service Provider may terminate this Agreement if You knowingly or otherwise engage in any prohibited activity or if You use the Equipment or Service in a way which is contrary to any Service Provider policy. You must strictly adhere to any policy set forth by another service provider accessed through the Service. You agree to comply with Service Provider’s Acceptable Use Policy located at www.shelbyelectric.coop, which is incorporated into and made a part of this Agreement. 7.3 Acceptable Use Policy. If your usage exceeds the limits set forth in the Acceptable Use Policy, Service Provider may reduce the bandwidth available to You on a temporary basis. Continued violation of the Acceptable Use Policy is a breach of this Agreement by You and will result in the termination of this Agreement. Internet access through the Service Provider is not guaranteed. The terms of this policy apply to all Service plans that Service Provider offers from time to time. 7.4 Prohibition on Resale. Reselling the Service or otherwise making the Service available to any other person or entity (e.g. via wi-fi or any other method) in whole or in part, directly or indirectly, or on a bundled or unbundled basis is prohibited. The Service is intended for use in a manner that is consistent with the terms of this Agreement, the Acceptable Use Policy and terms of any other applicable policy or plan, and You agree not to use the Service for operation as an Internet service provider, for any prohibited business enterprise or purpose, or as an end-point on a non-Service Provider local area network or wide area network. 7.5 No Unauthorized Use of Equipment or Software. You are strictly prohibited from altering, modifying, or tampering with the Equipment, Software or Service or permitting any other person to do the same who is not authorized by Service Provider. You may not copy, distribute, sublicense, decompile or reverse engineer any of the software. 7.6 Compliance with Laws. You agree to comply with all applicable laws, rules and regulations in connection with the Service, your use of the Service and this Agreement. 7.7 Security. You agree to take reasonable measures to protect the security of your computer, including maintaining at your cost an up-to-date version of anti-virus and/or firewall software to protect your computer from malicious code, programs or other internal components (such as a computer virus, computer worm, computer time bomb or similar component). You expressly agree that, if your computer becomes infected and causes any of the prohibited activities listed in the Acceptable Use Policy, Service Provider may immediately suspend your Service until such time as your computer is sufficiently protected to prevent further prohibited activities. You will be fully liable for all monthly fees and other charges under this Agreement during any period of suspension. In all cases, you are solely responsible for the security of any device You choose to connect to the Service, including any data stored or shared on that device. 7.8 Responsibility of Subscriber. You are responsible for any misuse of the Service, even if the misuse was committed by a friend, family member, or guest with access to your Service account. Therefore, You must take steps to ensure that others do not use your account to gain unauthorized access to the Service by, for example, strictly maintaining the confidentiality of your Service login and password. You agree to notify Us immediately after You sell, give away or otherwise transfer your Equipment to anyone else. You are considered the registered recipient of the Services until We receive such notice, and You will be liable for any charges or fees incurred by the use of your Equipment by anyone else up to the time that We receive your notice, unless otherwise provided by applicable law. You may not assign or transfer your Service without our written consent. If You do, We may inactivate your Service. If your Equipment is stolen or otherwise removed from your premises without your authorization, You must notify us immediately, or You will be liable for payment for unauthorized use of the Service or Equipment. 8. Use and Control of Information; Service Provider Communication; Ads. We may, without obligation, liability or notice, except to the extent prohibited by applicable law, distribute, loan, sell or otherwise share with other persons or entities user lists (subscriber account information that does not identify You by name, address or similar personally-identifiable information) as well as aggregate information. Aggregate information includes information constituting or descriptive of demographic information, habits, usage patterns, preferences, survey data or other descriptive or related data which do not rely on providing to recipients the identity of any particular user of the Service. This shall not be construed to limit our use of other information not addressed in this Section. We will be free, in our reasonable good faith discretion and without notice, to provide subscriber and user information and records to (i) the courts, (ii) law enforcement agencies, (iii) government agencies, or (iv) authorized persons or entities involved in enforcing compliance with the law or prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or to violate or threaten the rights of any person or entity. In addition, We may maintain and use internally such information and records. Information generated by or in connection with our administration of the Service shall be and will remain our exclusive property. We may also from time to time provide online, fax, telephone, e-mail, mail and other communications to our Subscribers and users on matters pertaining to the Service, its features, its sponsors or its use without compensation to them or reimbursement of costs for doing so but shall do so reasonably and in good faith. You acknowledge that communications with Us, our representatives and our contractors may be monitored or reviewed for quality control and other reasonable business purposes. You also acknowledge that advertising and promotion may occur on the Service and that neither You nor any user shall have any claim with respect to any proceeds from such activities. 9. Warranties and Limitations of Liability. 9.1 DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER SERVICE PROVIDER NOR ANY OF SERVICE PROVIDER’S AGENTS, EMPLOYEES, INSTALLERS OR THIRD PARTY CONTRACTORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES SERVICE PROVIDER NOR ANY OF SERVICE PROVIDER’S AGENTS, EMPLOYEES, INSTALLERS OR THIRD PARTY CONTRACTORS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY SERVICE PROVIDER OR ANY OF SERVICE PROVIDER’S AGENTS, EMPLOYEES, INSTALLERS OR THIRD PARTY CONTRACTORS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE SERVICE PROVIDER PROVIDES SUBSCRIBERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, SERVICE PROVIDER CANNOT AND DOES NOT WARRANT THE 4 ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. SERVICE PROVIDER SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM, OR FROM ANY ATTEMPT TO REMOVE, ANY COMPUTER VIRUS OR OTHER HARMFUL FEATURE. 9.2 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SERVICE PROVIDER NOR ANY OF SERVICE PROVIDER’S AGENTS, EMPLOYEES, INSTALLERS OR THIRD PARTY CONTRACTORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY REPRESENTATION OR WARRANTY. WITHOUT IN ANY WAY LIMITING THE FOREGOING, IF FOR ANY REASON, BY OPERATION OF LAW OR OTHERWISE, ANY PORTION OF THE FOREGOING LIMITATION OF LIABILITY SHALL BE VOIDED, THEN IN SUCH EVENT SERVICE PROVIDER AND SERVICE PROVIDER’S AGENT’S, EMPLOYEE’S, INSTALLER’S OR THIRD PARTY CONTRACTOR’S MAXIMUM, SOLE, AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO SERVICE PROVIDER BY YOU FOR SERVICE DURING AND FOR A PERIOD OF TIME COMMENCING UPON THE OCCURRENCE OF SUCH ERROR, DEFECT OR FAILURE AND CEASING UPON THE DISCOVERY OF SUCH, IN WHOLE OR IN PART; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL SUCH PERIOD OF TIME EXCEED THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE WHICH SUCH ERROR, DEFECT OR FAILURE IS FIRST DISCOVERED IN WHOLE OR IN PART. 9.3 Applicability and Exceptions. The foregoing exclusions or limitations of liability apply regardless of any allegation or finding that a remedy failed of its essential purpose, regardless of the form of action or theory of liability (including, without limitation, negligence) even if Service Provider or others were advised or aware of the possibility or likelihood of such damages or liability. 9.4 Service Interruptions. Service may be interrupted from time to time for a variety of reasons. We are not responsible for any interruptions of Service that occur due to acts of God (including weather), power failure or any other cause beyond our reasonable control. However, because We value our subscribers, for an interruption of a significant length of time that is within our reasonable control, upon your request We may provide what We reasonably determine to be a fair and equitable adjustment to your account to make up for the Service interruption. THIS WILL BE YOUR SOLE REMEDY AND OUR SOLE DUTY IN SUCH CASES. You acknowledge and agree that the Service is not intended to be, and should not be used as, your primary or “life-line” telecommunications service. 9.5 Indemnity. You agree to indemnify, defend and hold Us harmless against all claims, liability, damages, costs and expenses, including but not limited to reasonable attorneys’ fees, arising out of or related to any and all use of your account. This includes, without limitation, responsibility for all consequences of your (or that of any user of your account) violation of this Agreement or placement on or over or retrieval from or through the Service of any software, file, information, communication or other content and all costs incurred by Us in enforcing this Agreement against you. 9.6 Third Party Beneficiaries. The provisions of this Section 9 are for the benefit of Us and our agents, employees, officers, directors, installers, and third party contractors, and each shall have the right to assert and enforce such provisions directly on its own behalf. Other than as expressly stated in this Agreement, this Agreement shall not be deemed to create any rights in third parties. 10. General 10.1 Limits on Transfers. Unless otherwise agreed in writing, your right to use the Service or to designate other users of your account is not transferable and is subject to any limits established by Us. 10.2 Applicable Law; Jurisdiction and Venue; Bar of Class Action; Limitation Period; Not Sale of Goods. This Agreement is made in the State of Illinois. This Agreement and all of the parties’ respective rights and duties, including and without limitation claims for violation of state consumer protection laws, unfair competition laws, and any claims in tort, shall be governed by and construed in accordance with the laws of the State of Illinois, excluding conflicts of laws provisions. Any action under, arising out of, or to enforce this Agreement shall be subject to the jurisdiction of the circuit courts of the State of Illinois and venue of any such action shall be exclusively in the circuit court of the State of Illinois located in Shelby County, Illinois. There shall be no class action pursuant to this Agreement. Any cause of action brought by You or by users of your account, with respect to the Service or this Agreement, must be instituted within one year after the claim or cause of action has arisen or is barred. It is acknowledged that this Agreement is a services contract and not a contract for the sale of goods. 10.3 Notices, Disclosures and Other Communications. Where notification by Us is contemplated by or related to this Agreement, notice may be made by any reasonable means, including but not limited to, e-mail or publication over the Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial and administrative proceedings relating to or based upon this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You must promptly notify Us on any change in your e-mail or postal address in writing or electronically. 10.4 Construction and Delegation. Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this Agreement. We may authorize or allow our contractors and other third parties to provide services necessary or related to making the Service available and to perform obligations and exercise our rights under this Agreement, and We may collect payment on their behalf, if applicable. The provisions of any Sections of this Agreement, which by their nature should continue, shall survive any termination of this Agreement. 10.5 Miscellaneous. If any term of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be construed in such a way as to eliminate the offending aspects while still giving as much effect as possible to the intentions of such term. If this cannot be done and the entire term is invalid, illegal or unenforceable and cannot be so repaired, then the term shall be considered to be stricken from this Agreement as if it had not been included from the beginning. In any such case, the balance of this Agreement shall remain in effect in accordance with its remaining terms notwithstanding such invalid, illegal or unenforceable term. We may enforce or decline to enforce any or all of the terms of this Agreement in our sole discretion. In no event shall We be required to explain, comment on, suffer liability for or forfeit any right or discretion based on its enforcement, non-enforcement or consistency of enforcement of these terms. Captions and headings used in this document are for convenience only and shall not be considered a part of this Agreement or be used to construe its terms or meaning. 10.6 Assignment of Account. We may sell, assign, pledge or transfer your account or an interest in your account to a third party without notice to You. In the absence of a notice of such sale or transfer, You must continue to make all required payments to Us in accordance with your statement. 10.7 Entire Agreement. This Agreement, as well as the additional online documents specifically incorporated as a part of this Agreement, constitutes the entire and only agreement with respect to its subject matter between You and Us, applicable also to all users of your account. This Agreement supersedes all representations, proposals, inducements, assurances, promises, agreements and other communications with respect to its subject matter except as expressly set forth in this document.