Internet Service Terms and Conditions

This Terms of Service and Use Agreement (“Agreement”) sets forth your obligations as a subscriber of Five Area Systems, LLC. (“Services”), herein referred to as FASL, the obligations of FASL related to the Services, and the rules you must follow when using FASL Services.

Section I. Internet Service Description
1. This Service is composed of broadband access to the Internet provided by Five Area Systems, LLC. Service is provided in a range of bandwidth (“speed”) tiers. Bandwidth tiers will vary by Service location and the network facilities that are available. Bandwidth tier options are identified by FASL representatives at the time the Service is purchased and the bandwidth tier selected will be reflected on your Internet Service Agreement (“Internet Agreement”). FASL may periodically introduce additional bandwidth tiers at your location and these offerings will be introduced via newsletter, bill inserts, the bill backer, direct mail, or other mediums.

2. Bandwidth tiers are “service capability speeds”, which are the downstream and upstream rates at which your telephone line transfers Internet data between the network interface device at your home or office to the first routing equipment on FASL’s network. Service capability speeds should not be confused with “throughput speed”. Throughput speeds may vary and are not guaranteed. Throughput speed depends upon many factors including your Service location, Internet destination, the amount of traffic on the Internet, wiring inside your home or business, the capacity or performance of your computer or gateway, and the networks you and others are using when communicating over the Internet. Please see FASL’s Internet Transparency and Network Management Policy statement, which is incorporated herein, at www.fivearea.com for more details.

3. Five Area Systems, LLC. makes every reasonable effort to deliver a high-quality Internet service. You are purchasing a best-effort service with no performance or reliability warranty either expressed or implied. FASL reserves the right to manage its network, including, but not limited to, the following: rate limiting, traffic prioritizing, and protocol filtering. You expressly acknowledge and accept that such action on the part of FASL may affect the performance of the Service. FASL assumes no responsibility for interruptions of Service caused by circumstances beyond its control, natural disasters, catastrophes, etc.

4. Five Area Systems, LLC. Internet Services are provided with dynamic Internet Protocol addresses intended for use with a single member account.

Section II. Application for Service
1. Acceptance of your application is at FASL’s sole discretion and evidenced by an authorized FASL’s signature in the space provided on the Internet Services Agreement.

2. This Terms of Service and Use Agreement, FASL’s Internet Service Agreement, any riders, attachments, exhibits, or supplements attached hereto shall constitute the entire agreement between you and FASL, and shall supersede any prior or contemporaneous understandings or written or oral agreements between the parties.

3. You agree to maintain a voice-grade telephone line from Five Area Connect/West Plains Communications for each Internet service connection. Failure to maintain a voice-grade telephone line from Five Area Connect/West Plains Communications for each Internet service connection will result in an additional charge or termination of Service.

4. You certify and warrant that the information given in the Service application is true and correct and that
you are 18 years of age or older.

Section III. Provision of Service
1. Gateways provided by FASL remain the property of Five Area Systems, LLC. Upon termination, you agree to return the gateway in proper operating condition to FASL or you shall incur a penalty.

2. Software downloaded from the Internet may contain viruses which could damage or destroy your data, information, software, or hardware. It is your sole responsibility to take appropriate precautions to protect your computer and computer information and applications from damage. FASL strongly recommends that you install firewall and antivirus protection to help prevent such activity from occurring. You shall have sole responsibility to obtain and install such firewall and antivirus as you deem appropriate and necessary based upon your individual needs. FASL shall have no liability whatsoever for any damage to or loss, or destruction of any software, files, information or data which is the result of any virus, lock, key, cancelbot, bomb, worm, Trojan horse or other harmful feature regardless of how it was received.

3. You acknowledge and agree that any password issued by FASL for system access is for your sole use and that you may not allow others to use your password to access the system. Violation of this section
shall be cause for immediate termination of Service.

Section IV. Privacy
1. Five Area Systems, LLC. does not own, operate or manage the Internet. FASL only provides access to the Internet. The Internet is not a private network and therefore is not secure. As such, FASL cannot warrant against inappropriate access to your computer or network by third parties and cannot guarantee confidentiality, privacy, or security. Use of the Internet is solely at your own risk. FASL shall not be held responsible or liable for any loss of damage caused by Member’s use of the Internet. FASL shall not be held liable for any information acquired from the Internet that you deem as inaccurate, obscene, in poor taste, or inappropriate.

2. Five Area Systems, LLC. agrees to use its best reasonable efforts to keep all electronic mail (e-mail) messages private and confidential and agrees that you are the sole owner of any e-mail messages posted by you to the system. In the event, FASL reasonably believes you are violating the terms or conditions of this Agreement, FASL may review your e-mail. If it is determined that a violation has occurred, FASL may exercise the remedies provided in this Agreement or any remedies allowed by law. You acknowledge and agree that the recipients of the e-mail are under no obligation to keep it confidential and that in the event governmental authorities investigate or seize the system, your e-mail may be reviewed.

3. Five Area Systems, LLC. collects and processes information provided directly by you when you install an App and register for an account to use the App. Specifically, this information includes, but is not limited to:

a. Your name, email address, location, user’s phone or contact book data, user’s inventory of installed Apps, and user’s screen recording;

b. Browser information and session cookies related to your access and use of the App;

c. Data insights FASL attains based on correlation and analytics of your information collected in
providing the App, which may be used in aggregated and disaggregated formats or to obtain trend analytics, to provide the App; and

Use of the above-described collected information in aggregated and disaggregated formats to
enhance our current App or to provide App features.

4. Five Area Systems, LLC. uses the information collected as described in Section IV(3) above for its internal uses only (such information is not sold to or shared with any third parties), including personal information, to:

a. Provide you with the App as described in this section;

b. Implement, improve, and/or enhance the App, including to make future releases available to you;

c. Carry out FASL’s obligations as described or authorized in agreement and this section;

d. Enforce FASL’s rights arising from the Agreement between you and FASL; and

e. Fulfill any other purpose authorized by you and reasonably required for the App.

Section V. Billing, Payment, Termination, Restoral
1. You assume responsibility for any and all charges associated with the use of your account.

2. You agree to pay monthly invoices when due, including: 1) the monthly fee specified when you ordered your Service, 2) the charge for all equipment required for your Service, 3) activation fees and installation charges, if any; 4) late fees, restoral of Service fees and other applicable Service charges, and 5) any applicable taxes, recovery fees and surcharges which FASL pays to municipalities and other government entities and may pass on to you. You understand that the base Service is billed one month in advance.

3. The amount of monthly recurring charges will be honored for the length of the specified contract period of the Internet Agreement. However, upon renewal of Service, all prices contained within the Internet Agreement are subject to change without notice.

4. Five Area Systems, LLC may suspend or terminate Service if your payment is past due or for other reason otherwise specified in this Agreement. If FASL suspends or terminates your Service, you must pay all past due amounts in order to have Service restored. In addition, the current restoral fee will be imposed upon restoration of the Service.

5. If the Service is disconnected for any reason prior to initial contract expiration, you are responsible for termination fees in the amount equal to the waived non-recurring charge. Five Area Systems, LLC. will invoice this amount to you. In the event you remedy the reason for termination and seek restoral of Service and FASL agrees to restore Service, restoral fees and a new Terms of Service and Use Agreement will be required.

6. Initial activations, renewals, reactivations, and plan changes may only include those rate plans being offered at the time of activation, renewal, reactivation, or plan changes.

7. A service charge will be imposed for all returned checks, not to exceed the maximum amount allowed by law.

Section VI. Member Support
1. Five Area Systems, LLC. offers support to you related to the reinstallation of FASL Service to a crashed or modified computer. FASL may charge a fee directly associated with your requested computer or Internet support services.

Section VII. Governing Law
1. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Texas.

Section VIII. Restrictions on Use
1. Use for Lawful Purposes. Five Area Systems, LLC. Service may only be used for lawful purposes. You agree and understand that the Internet is an unrestricted and uncensored communications media and that FASL exercises no control whatsoever over the content of information over such media. You acknowledge that federal and state laws govern the Internet and its content and that you alone are responsible for the documents and services you and others using your Service elect to access via your FASL Service account(s) and you agree to follow all such applicable laws. Transmission of any material in violation of federal or state law is prohibited. This may include, but is not limited to, unauthorized copyrighted material, material which is threatening, abusive, defamatory or obscene, or material protected by trade secret. You may not post any material to the system which is in violation of law, or is obscene, pornographic, exploitive of children, vulgar, or blatantly offensive to the prevailing moral standards of the community. The system may not be used to publish defamatory statements directed to or about other persons or entities.

2. Copyright Infringement & Digital Millennium Copyright Act. You are prohibited from infringing, publishing, submitting, copying, uploading, downloading, posting, transmitting, reproducing or distributing software, video or audio content, or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity) or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consent to do the same. Please see Five Area Systems, LLC. Copyright Infringement Policy at www.fivearea.com for more detailed information.

3. No resale. The Service is provided for your use only (unless otherwise specifically stated) and you agree not to reproduce, duplicate, copy, sell, transfer, trade, resell or exploit for any commercial purposes your membership in the Service, any portion of the Service, use of the Service, or access to the Service, including but not limited to, reselling capabilities enabled or used by a specific application.

4. Distribution of material. The system may not be used to distribute mass unsolicited email containing commercial advertisements via the Internet.

5. Groups, Mailing Lists. You must respect the conventions and rules of groups, mailing lists, and other networks, even if those conventions and rules are more restrictive than Horizons.

Section IX. Violations and Remedies
1. If Five Area Systems, LLC. has reason to believe you are in violation of any system rules, terms or conditions of this Agreement, or are conducting any activities believed harmful to FASL, its system, or other users, FASL may exercise any or all of the following remedies:

a. FASL may report the matter to the proper authorities and fully cooperate with any official investigation.

b. FASL may exercise any other right, remedy, or action, which is appropriate in view of the nature of the violation of system rules, or other harmful activity.

c. FASL may immediately terminate your service, and shall have no obligation to return email or other files stored on the system.

Section X – Disclaimer of Warranties
1. You agree and understand that the only warranty or guarantee made concerning the fitness, quality, design, condition, capacity, suitability, reliability, or performance of and hardware or software sold or provided to you by Five Area Systems, LLC. is made by the manufacturer or such product and set forth in the literature or documentation accompanying the product. FASL shall not be liable in any event for loss of use, profit, revenue, consequential damage, or any claim for damage resulting from the use of purchased hardware or software, use of the Internet, or interruption of such Service for any cause. The liability of FASL for any cause shall never exceed the actual monthly amount paid FASL by you.

Section XI. Waiver
1. No term or condition of this Agreement may be waived or modified except by the written consent of Five Area Systems, LLC. Forbearance or indulgency by FASL in any regard whatsoever shall not constitute waiver of any term or condition, nor shall it constitute a waiver as to any future default or defaults.

Section XII. Notices
1. Service of all notices under this Agreement shall be deemed sufficient if hand-delivered in person, via facsimile, electronic mail or regular mail to the party involved at their respective fax telephone number, electronic mail or regular mail address.

Section XIII. Modification
The terms outlined in this Agreement may be modified, as needed, without notice by FASL.