Wireless Internet Service Agreement

By establishing an account or using the Services of Sawtooth Technologies, LLC. (SawNet) you agree to be bound by this Agreement and to use the Services in compliance with this Agreement.

The following terms and conditions shall apply to all customers subscribing to SawNet Internet Service. This Agreement is part of and shall be incorporated into your SawNet Service Order. In utilizing SawNet Internet Service, you agree to adhere to the terms and conditions of the Service Order and this Agreement as SawNet may modify it from time to time. In the event of an inconsistency or conflict between the Service Order and this Agreement, the provisions of this Agreement shall govern.

Payment Policies and Terms

Subscriber shall be billed monthly for service one month in advance. Payment by Subscriber shall be due to SawNet upon receipt of the invoice.

Accounts remaining unpaid for forty five (45) or more days shall be deemed delinquent. Delinquent accounts shall be on hold in Accounting and services to the subscriber may be suspended until the account is paid in full. For any subscriber's account that has been placed on suspended service there shall be due a Ten Dollar ($10.00) reconnection charge to reactivate the subscriber's Services after the past due amount has been paid. Reactivation of a suspended account will be at SawNet's sole discretion.

A Fifteen Dollar ($15.00) fee will be added to the subscriber account in the event of any bank returned check. In the event that more than one check is returned, we will only accept cash, credit card or certified funds for payment on the account.

Suspension and/or Termination

Subscriber may terminate this Agreement by submitting a request for termination in writing (email, fax, or U.S. Mail) to SawNet at the addresses listed in this agreement. Requests received prior to close of business shall have a termination date of the next business day. Without prior notice, SawNet may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if SawNet, in its sole discretion, believes you have violated the terms of this Agreement, or if you use the Service for any purposes prohibited by law, or if you fail to pay any charges when due. SawNet 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 Services, or by telephone. Termination by SawNet for violation of SawNet's Acceptable Use Policy shall be subject to the termination fee as described in the Service Order.

Subscriber may choose to have their account put on hold for the winter months ("SnowBird Account"). In this case, Subscriber must notify SawNet by submitting a request for service deactivation (email, fax, U.S. Mail) to the addresses listed in this agreement. The account shall be on hold in Accounting and services to the Subscriber shall be suspended until Subscriber notifies SawNet (email, fax, or U.S. Mail) to reactivate Subscriber's Account. For any subscriber's account that has been placed on suspended "SnowBird" service, there shall be due a Twenty Dollar ($20.00) reconnection charge to reactivate Subscriber's Services.

Additional Fees

In the event that special construction or additional equipment is required to provide the Service to you, including but not limited to longer cable, additional grounding, higher tower or mast hardware, or specialized antennas, an additional fee will be charged for said equipment and any additional labor not included in the standard install. Additional labor is billed at $75.00/hr (with a one hour minimum).

Equipment and Scope of Work

All equipment, modems, subscriber modules, antennas and standard mounting equipment will at all times remain the property of SawNet. Subscriber may not sell, transfer, lease, lend, encumber or assign all or any part of the equipment to any third party. Subscriber may not perform any repairs or make any modifications to the equipment owned by SawNet, nor may Subscriber use the equipment in such a way as to damage the equipment or disrupt SawNet's network.

Subscriber shall pay for the full retail cost of, or the repair or replacement of, any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned equipment or part thereof, together with any costs incurred by SawNet in obtaining or attempting to obtain possession of any such equipment. Upon expiration or termination of this Agreement, Subscriber authorizes SawNet to immediately retrieve from Subscriber's premises any and all equipment that is owned by SawNet.

Standard Maintenance

SawNet's connection point ends at the Subscriber Module. Any trouble beyond our network or equipment is the full responsibility of the Subscriber and Subscriber's own network administrator. Standard maintenance is limited solely to SawNet's equipment, network and backbone connectivity.

If your connection ceases to function properly but SawNet's network is still functioning properly, and a technician is requested by subscriber to troubleshoot during normal business hours (8AM-5PM, Monday-Friday), and it is discovered that the problem is due to subscriber negligence or misuse, or any of those items listed in the "Not covered by Standard Maintenance" section, you will be charged a Service Call fee in accordance with our standard hourly rates ($75.00/hr. with a one hour minimum).

Not Covered by Standard Maintenance

Maintenance, repair or replacement of parts damaged or lost through catastrophe, accident, lightning, neglect, misuse, transportation, theft, fault or negligence of Subscriber, or through causes external to the wireless system, such as, but not limited to failure of, or faulty, electrical power, operator error, or malfunction of Subscriber's computer and/or peripheral equipment not installed by SawNet, or from any cause related to or other than the intended and ordinary use.

Antenna re-aiming or relocation due to obstructions such as trees, vegetation or buildings, or storm related damage: Any re-aiming or relocation of antennas or reconstruction of tower/mast assemblies will be billed to the Subscriber at standard hourly rates ($65.00/hr. with a one hour minimum).

Moving

If the Customer moves during the term of this Agreement and would like to relocate the Service, Customer must place a relocation request with SawNet as soon as possible. This request must contain the requested date of service termination, plus the address (and phone number, if available) of the new location and the prospective move-in date. Upon receiving a written or email relocation request from Customer, SawNet will place a "move order" for the new location. If SawNet and its agents are unable to provide service to Customer's new location, the Agreement and Service Order shall terminate and the Early Termination "Special Terms and Conditions" fee stated on the Wireless Service Order Contract will be applied.

Indemnification/Release

Subscriber, its agent, successor and/or assigns expressly agrees to indemnify and release SawNet, its affiliates, subcontractors, employees, agents, assigns or successors from any liability for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise related to Subscriber's installation of, use of, or termination of SawNet's services hereunder including but not limited to, Subscriber's access to content uploaded or down loaded using Wireless SawNet's service from any source or to any recipient. Subscriber further releases SawNet from any responsibility or liability related to the accuracy, quality for confidentiality of any information available by or through SawNet systems and/or the wireless network. Subscriber's release of SawNet includes any actions or inaction by SawNet which amount to negligence. Subscriber further agrees to indemnify and hold harmless SawNet from and against any and all claims, actions, causes of action, losses or damages including attorney's fees which in any way arise from Subscriber's installation of, use of, and termination of, SawNet services herein.

Disclaimer

SawNet assumes no responsibility for the content contained on the Internet or otherwise available through the wireless network or from any source accessible via SawNet's services. SawNet discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the services provided by SawNet which may be offensive to some individuals, which may not be in compliance with local, state or federal laws, rules or regulations, including but not limited to pornographic, or otherwise inappropriate or sexually explicit of offensive content. Subscriber acknowledges to SawNet that its use of SawNet's service to access information, content or other services is at its own risk.

Governing Law and Venue

The laws of the State of Washington 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 Skamania County, WA.

Customer Agreement

The customer assumes all responsibility for providing a computer or device capable of using IP over Ethernet.

Entire Agreement: This Agreement constitutes the entire Agreement between the parties and no other representations or statement will be binding upon the parties. If any part of the Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect.

Permitting and Landlord Approval

It is the Subscriber's responsibility to obtain any required permits, homeowner associations' approvals, mortgage grantors permission, or to grant or gain landlord approval for the placement of the antenna and other necessary equipment on the Subscriber's property or building. SawNet will presume that if Subscriber is a tenant, Subscriber will have obtained the property owner's consent to the installation, maintenance, and removal of the equipment described herein and required by Subscriber to receive SawNet's services.