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LAST MILE WIRELESS CUSTOMER AGREEMENT
This
Last Mile Wireless Customer Agreement ("Agreement") is entered into
between Last Mile Wireless ("LMW" or "we"), having an office at
7 S 2nd
West, Preston, ID 83263, and the customer designated on the Work Order
("Customer" or "you"). The parties agree to the following:
TERMS OF USE AND CONDITIONS
1. INSTALLATION.
1.1 You
authorize LMW or its authorized contractors to install a customer
premise unit, software, wiring and other equipment ("Equipment"), at the address you provide ("Premises") for Last Mile Wireless service ("Services").
1.2 To
provide the Services, LMW is required to complete the installation of
various equipment ("RF Installation") at the Premises. The standard RF
Installation includes but is not limited to the installation of the
antenna, digital transceiver, down converter, routing of cable, and wireless
modem, as applicable (" Equipment") by the most direct path to your
computer. Any custom installation work that you request, including
placing cable under carpet, through cabinets, through interior walls or
inside molding, may require an additional charge. LMW will not be
liable for any alterations to Premises that result from the
installation or removal of Equipment, including but not limited to, any holes in walls, cable wiring or antenna mounting brackets.
2. SERVICES.
2.1 LMW
will provide the Services to you subject to the terms and conditions of
this Agreement and a work order signed by you and us ("Work Order") and any applicable tariffs.
2.2 You
represent and warrant to LMW that you are at least 18 years of age and
verify and acknowledge that the Services are being installed with your permission in your home, business, or designated location.
2.3 LMW may
revise, modify or discontinue at any time any or all aspects of the
Services, including but not limited to the Service and Equipment prices, any applicable tariffs, and any terms and conditions in this Agreement.
2.4 You
must install, operate, and maintain any hardware or software not
provided by LMW ("Customer provided"). You agree that LMW is not responsible for the information transmitted or received on any hardware or software provided by you.
2.5 You
will ensure that any hardware or software you provide is compatible
with the Services. If this hardware or software impairs your use of the
Services, you will continue to pay LMW for the Services. If LMW
notifies you that hardware or software provided by you impairs or is likely
to
impair the Services, you agree to immediately eliminate the impairment.
LMW may suspend the Services until the impairment is corrected.
At your request, LMW may troubleshoot difficulties caused by hardware
or software provided by you at LMW's then current standard list prices.
2.6 LMW is
not liable if any changes in the Services cause any hardware or
software provided by you to become obsolete, require alteration, or affect performance of the hardware or software.
2.7 To prepare for Services you will:
2.7.1. At your expense, prepare your site(s) to comply with LMW's installation and maintenance specifications;
2.7.2. Pay LMW any applicable charges to relocate any installed Services;
2.7.3. Provide LMW and its suppliers reasonable access to Premises to perform any required acts; and
2.7.4. Be responsible for cabling that connects equipment not provided by LMW for the Services.
2.8 You
acknowledge and agree that you are purchasing the Equipment and in the
event you terminate the Services, LMW will have no obligation
to remove the Equipment from the Premises. However, if you terminate
your Services prior to the end of the Term, and if you fail to pay the
Termination Fee as provided in Section 3 below, LMW will have the
right, but not the obligation, to remove and resell or reuse the Equipment.
3. TERM AND TERMINATION; TERMINATION FEE.
This
Agreement will have a term ("Term") as designated on the Work Order. At
the end of the Agreement's initial term, this Agreement will automatically
renew for successive one month periods ("Renewal Terms") unless either
party provides the other party written notice of its intent not
to renew at least 30 days before the end of the current term. If you
terminate this Agreement before the end of the Term or Renewal Term, you
agree to pay to LMW a termination fee equal to MRC times number of
months remaining in the Term multiplied by the number of months remaining
at the time of termination. Upon termination of this Agreement, you
will not attempt to utilize or utilize the Equipment to connect to, or otherwise utilize the Services or assist any third party to connect to or utilize the Services.
4. PAYMENT TERMS.
4.1 You
agree to pay for the Equipment and Services and all other charges
described in this Agreement, including the Work Order, and to comply with
all of the terms and conditions of this Agreement. You will pay LMW's
invoice(s) in U.S. currency by the invoice due date. You
will pay
any applicable sales, use, excise and like taxes that are stated
separately on each invoice. If you fail to pay all valid charges for the Services
when due, LMW may charge you interest on those charges equal to the
lesser of 1½% per month or the maximum rate allowed by LMW tariff(s) or by law.
4.2 You
agree to pay for the Equipment and the Services by the use of a valid
credit card or an automatic withdrawal from your checking account,
provided that LMW may elect to implement new payment policies, in its
sole discretion at any time. You agree that all Service Charges,
and if applicable, late fees, reconnection charges and all applicable
fees and other taxes will be collected automatically through the existing method of payment.
4.3 If you
fail to pay any amounts owing to LMW within 30 days, LMW will have the
absolute right to disconnect the services without notice. Upon disconnection, you agree to immediately pay all amounts owing to LMW.
4.4 You may
in good faith withhold payment of any disputed charges. You agree to
pay all undisputed charges. A charge is not "disputed" until you provide LMW with written explanation of the disputed charge. You agree to cooperate with LMW to resolve any disputed charge expeditiously.
If LMW in good faith determines that the disputed charges are indeed
valid, you agree to pay the charges within 10 days after being notified of this determination by LMW.
4.5 You
authorize LMW to perform a credit check prior to providing Equipment or
the Services. LMW may refuse to provide Equipment or the Services or
may require a security deposit based on your credit standing. If a
security deposit for the Services or Equipment is required, LMW will hold
the deposit as partial guarantee of payment. The deposit cannot be used
by you to pay any bills or to delay payment. 90 days after termination
of this Agreement, any remaining deposit will be returned to you
without interest after deducting any charges owed by you to LMW.
4.6 LMW
will have the right to convert the monthly Service Charge to a usage
based billing system ("Usage Based Billing") by delivering to you a written notice or electronic mail that LMW intends to commence usage based billing.
4.7 Subject
to availability, LMW may offer to you additional services, subject to
terms and conditions of LMW's current price list.
5. SERVICE INTERRUPTIONS.
5.1
Although LMW will make commercially reasonable efforts to maintain the
Services, you may experience service interruptions. LMW assumes no
responsibility or liability for interruption of the Services, whether
due to (without limiting the generality of the foregoing):
5.1.1.
Failure or of any part of the Services for any reason, whether related
to hardware, software, wiring or any other equipment;
5.1.2. Interruptions due to periodic testing or system alterations, including modifications to Equipment;
5.1.3.
Power failures, riots, civil unrest, acts of war, or acts of God,
including hurricanes, floods, ice, wind, lightning, and accidents; or
5.1.4. Regulations, orders, decisions or acts of any lawfully constituted authority or court.
6. SERVICE AND REPAIRS; LIMITED WARRANTY.
6.1 LMW
assumes no responsibility and is not responsible for the operation,
maintenance, or repairs of your computers or existing wiring or other equipment.
6.2 If LMW damages the Premises during the Services' installation or maintenance, LMW will compensate the owner of Premises for reasonable, actual and documented costs of necessary repair, not to exceed $1,000.
6.3 LMW
will provide you, the original purchaser, with a limited warranty of
the modem, transceiver and installation thereof during the Term of this
Agreement or 12 months, whichever is greater. Pursuant to this
warranty, if a problem develops with the modem, transceiver or installation
thereof, LMW will repair or replace the affected modem, transceiver,
and/or correct the installation problem at no charge to you. This
warranty excludes any damage to the modem or transceiver resulting from
Customer abuse or negligence and/or Acts of God, as determined
solely by LMW. If you sell the modem or transceiver during the Term or
thereafter, the warranties provided herein will immediately terminate. Any other equipment will be covered by manufacturer's warranties and will not be separately warranted by LMW.
6.4 Any
repair or replacement of the Equipment and/or correction of an
installation problem following the expiration this Agreement will be the
responsibility of the customer. Any services performed by LMW at that
time will be at the then-current LMW hourly rate and/or list price.
6.5 If the Equipment contains software, you understand and agree that:
6.5.1 You are granted a personal, nontransferable and nonexclusive right to the use of software for your own business purposes;
6.5.2 No title to the software is being transferred
6.5.3 The
software will not be reproduced or copied in whole or in part except as
necessary for authorized use, and such copy shall contain the same copyright notice and proprietary marketing as appears on the original; and
6.5.4 You will not reverse engineer, de-compile or disassemble the software.
7. ACCEPTABLE USE POLICY.
7.1 When
you use the Services for Internet access, you must protect the LMW
network by either disabling or password protecting file and print sharing on
your computer(s) or have a firewall solution that prohibits
unauthorized access to your computer. When using the Service, you may
not:
7.1.1 Restrict or inhibit any other user from using the Internet;
7.1.2 Post
or transmit any unlawful, threatening, abusive, libelous, defamatory,
vulgar, obscene, indecent, profane, hateful, bigoted or otherwise objectionable
information of any kind, including without limitation any
transmissions, constituting or encouraging, conduct that would constitute
a criminal offense, give rise to civil liability, or otherwise violate
any local, state, national or international law, including without limitation US export control laws and regulations;
7.1.3 Post or transmit any information or software that contains a virus, trojan horse, worm or other harmful component;
7.1.4 Post,
publish, transmit, reproduce, distribute or in any way exploit any
information, software or other material obtained through Services for commercial purposes;
7.1.5
Upload, post, publish, transmit, reproduce, or distribute in any way,
information, software or other materials, or other proprietary right, or derivative works without obtaining permission of the copyright owner or right holder;
7.1.6
Upload, post, publish, reproduce, transmit or distribute in any way any
component of the Services or derivative works, as Services are copyrighted as a collective work under US copyright laws;
7.1.7
Remove or alter copyright management information including, without
limitation, name or identification information of the author or owner, copyright note or terms & conditions for use of a work;
7.1.8
Avoid, bypass, remove, deactivate or circumvent by any means, any
process or system such as copy protection systems that are intended to protect the rights of a copyright owner;
7.1.9 Send unsolicited e-mail that causes complaints from the recipients of the unsolicited e-mail;
7.1.10 Send
large quantities of unwanted or unsolicited e-mail to individual e-mail
accounts (also known as "spamming" or "mailbombing");
7.1.11 Make any unauthorized attempt to gain access to any account or computer resource not belonging to that user
7.1.12
Attempting to send e-mail or newsgroup articles or postings using a
name or address of someone other than yourself, attempting to impersonate any person or using forged headers or other identifying information.
7.1.13
Engage in conduct which interferes with LMW's ability to provide the
Services or interferes with the rights of others including, but not limited to
hacking, circumvention of user authentication or security of any host
network, or account, "denial of service" attacks (port scans, flooding of networks, deliberate overload attempts, etc.);
7.1.14 Can
or probe the security of the LMW or any other network for any purpose
whatsoever by the use of packet sniffers, siphons, decoders or other methods;
7.1.15 Obtain or attempt to obtain Services by any means or device with intent to avoid payment;
7.1.16
Unauthorized access, alteration, destruction, or any attempt, of any
information of any LMW customers or end-users by any means or device;
7.1.17 Use LMW's products and services to interfere with the use of the LMW network by other customers or authorized users;
7.1.18 Violate the law or aid another in any unlawful act;
7.1.19 Resell the Services or any other LMW service to any third parties without prior express written consent from LMW;
7.1.20
Engage in any commercial or business activities using a residential
account without prior express written consent from LMW;
7.1.21. Run
programs or servers that provide network services to others through the
Services which includes, but is not limited to, web hosting, multi-user
interactive forums, game servers, operating an internal
mail/http/ftp/irc/dhcp & P2P server to serve external connections or support
multiuser interactive forums;
7.2 You are
responsible for ensuring that your usage of the Services does not
improperly restrict, degrade or adversely affect any other user's use of the
Services, nor represent, in LMW's sole judgment, an unusually large
burden on the network itself. You must comply with the then current
bandwidth, data storage and other limitations on the Services. If LMW
determines that your account is exceeding the bandwidth limits, you will be
notified by e-mail. If the excess use continues for more than 10 days,
the Services may be suspended or terminated. If excessive bandwidth
utilization is determined by LMW to adversely affect LMW's ability to
provide the Services for its other customers, immediate action may be taken to alleviate the problem. In such event, you will be notified by e-mail as soon as practicable.
7.3 Except
for information, products or services clearly identified as being
supplied by LMW, LMW does not operate or control any information, products or services on the Internet.
7.4 The
Internet contains unedited materials that may be offensive or
objectionable to you. You access these materials at your own risk. LMW has no
control over and accepts no responsibility for these materials.
Customer may wish to utilize software designed to limit access to
certain material on the Internet.
7.5 IF AT ANY POINT IN TIME LMW DISCOVERS THAT THE CUSTOMER IS 'SHARING' THEIR NETWORK CONNECTION, WITHOUT THE EXPRESS PERMISSION OF LMW, THEN THE CUSTOMER WILL BE SUBJECTED TO A $10,000.00 FINE PLUS ANY LEGAL FEES.
7.6 YOU UNDERSTAND THAT YOU MAY BE HELD LIABLE BOTH UNDER CIVIL AND CRIMINAL LAW FOR INFRINGEMENTS OF THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. YOU MAY BE HELD LIABLE FOR ALL ACTUAL DAMAGES AND PROFITS, ATTORNEY'S FEES, COSTS, OR THE COURT MAY AWARD STATUTORY DAMAGES UNDER THE COPYRIGHT ACT. CRIMINAL LIABILITY CAN ALSO INCLUDE FINES AND IMPRISONMENT.
7.7 LMW may
take any action it deems appropriate without notice to protect the
Services and its facilities for provision of the Services. If LMW denies
you access to the Services pursuant to this Section, you will have no
right: (I) to access through LMW any materials stored on the Internet,
or (ii) to access third party services, merchandise or information on
the Internet through LMW, and LMW will have no responsibility to notify
any third-party providers of services, merchandise or information nor
any responsibility to any consequences resulting from lack of notification.
7.8 LMW has
no obligation to monitor the Services. You agree that LMW has the right
to monitor the Services electronically from time to time, and
you consent to LMW's access, use and disclosure of any information as
necessary to satisfy any law, regulation or other
governmental
request, to operate the Services properly, to improve the Services, or
to protect itself or its customers. LMW reserves the right to refuse or
to remove any information or materials, in whole or in part, that in
its sole discretion are unacceptable, undesirable, or in violation of this Agreement.
7.9 If you
wish to make purchases on the Internet, you may be asked by the
merchant or service provider from whom you are making the purchase to
supply certain information, including credit card or other payment
mechanism information. You agree that all information you provide any
merchant or information or service provider on the Internet for the
purposes of making purchases will be accurate, complete and current.
The merchants and information and service providers offering
merchandise, information and services on the Internet set their own prices
and may change prices or institute new prices at any time. You agree to
pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when the charges are incurred. You also will be
responsible for paying any applicable taxes relating to purchases on the Internet.
Section 8. USE OF PERSONAL IDENTIFIABLE INFORMATION.
8.1 You
understand and agree that LMW's network gathers information about
Internet usage such as the sites visited, session lengths, bit rates and number
of messages and bytes passed. LMW uses this information in the
aggregate. LMW may share this aggregated information with other
parties from time to time. LMW will not use or disclose any personal
identifiable information regarding Internet usage unless compelled by a court order or subpoena or You consent to the use or disclosure or to protect LMW's Services and facilities.
Section 9. LIABILITY AND INDEMNIFICATION.
9.1 LMW AND ITS SUBCONTRACTORS WILL NOT BE LIABLE FOR ANY LOSS OF DATA OR DAMAGE TO HARDWARE THAT OCCURS DURING INSTALLATION OF OR ANY SUBSEQUENT SERVICE PERFORMED ON YOUr COMPUTER IN SUPPORT OF THE SERVICES. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO COMPLETELY BACKUP YOUR COMPUTER BEFORE INSTALLATION. YOU FURTHER AGREE THAT LMW OR ITS SUBCONTRACTORS ARE NOT RESPONSIBLE FOR ANY PROBLEMS WITH YOUR COMPUTER AFTER INSTALLATION OF OR ANY SUBSEQUENT SERVICE PERFORMED ON YOUR COMPUTER IN SUPPORT OF THE SERVICES.
9.2 LMW is
not liable in contract or tort for unauthorized access by a non-LMW
individual or entity to customer's transmission facilities or customer
premise equipment, or for unauthorized access to, or alteration, theft,
or destruction of customer's data files, programs or other information through accident, wrongful means or any other cause.
9.3 YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL LOSS OR DAMAGES RESULTING FROM ANY CAUSE, INCLUDING LMW'S OR ITS SUBCONTRACTOR'S NEGLIGENCE, WILL BE A REFUND OF ANY SERVICES, CHARGES AND FEES PAID TO LMW UP TO THE TIME THE DAMAGE IS DISCOVERED. NEITHER LMW NOR ITS SUBCONTRACTORS WILL BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, DAMAGES TO PROPERTY, OR LOSS OF BUSINESS.
9.4 THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. ANY WARRANTIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR USE FOR PARTICULAR PURPOSE OF WARRANTIES OF NON-INFRINGEMENT. NO LMW ADVICE OR
INFORMATION GIVEN WILL CREATE A WARRANTY. NEITHER LMW NOR ITS AFFILIATES WARRANT THAT SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9.5 IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED THROUGH SERVICES OR ON THE INTERNET GENERALLY. LMW, ITS AFFILIATES OR ITS SUBCONTRACTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE SERVICES OR TO ACCESS THE INTERNET OR YOUR RELIANCE ON OR USE OF OFFERS, CLAIMS, REPRESENTATIONS, PROMOTIONS AND TRANSACTIONS, INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE INTERNET OR INTERNET SERVICES, OR
THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSION OR ANY FAILURE OF PERFORMANCE.
9.6 You
agree that you will properly use the Services and will not, nor will it
permit or assist others to, use the Services for any purpose other than their
intended purpose, fail to maintain a suitable environment according to
the manufacturer's specifications, or tamper with the Services. If you fail
to comply with this Section, you will release LMW from all liabilities
or obligations (including any warranty or indemnity obligation)
to you under this Agreement and you will pay LMW all costs or damages
LMW incurs. If any person not a party to this Agreement makes any
claim against LMW, its affiliates or its subcontractors, relating to
Equipment or the Services that are the subjects of this Agreement, or arising
out of the use of the Equipment or the Services by you or an authorized
user of your account, including the placement or transmission of any
message, information, software or other materials on the Internet, you
agree to idemnify and hold LMW, its affiliates and subcontractors
harmless from any and all such claims and lawsuits, including the
payment of all damages, expenses, costs and reasonable attorney's fees.
9.7 The
limitations on liability and indemnification provisions expressed in
this Agreement will inure to the benefit of and apply to LMW's parent, subsidiary and affiliated companies, and to any subcontractors performing work on LMW's behalf.
9.8 This Section 9 will survive any termination of this Agreement.
Section 10. MISCELLANEOUS.
10.1 You
agree to notify LMW in writing of any change of occupancy or ownership
or tenancy. If you vacate the Premises, this Agreement will be subject to termination and LMW will have the right to disconnect the Services.
10.2 You
warrant that you own the Premises to which Services will be provided,
or you have obtained the valid consent of the owner for any necessary
changes to the Premises or with the Premises wiring that arise out of
the installation, maintenance, repair and removal of Equipment. In
addition, Customer has reviewed any restrictive covenants or homeowners
restrictions ("Restrictions") to confirm that Customer may place an antenna
on the Premises. If it is later determined that the installation of the
RF Equipment violates any Restrictions or that Customer failed to obtain
appropriate permission, LMW may immediately terminate this Agreement
and discontinue the Services. Customer agrees to hold harmless
LMW for any damages or losses caused by your (I) failure to comply with
the Restrictions or (ii) failure to secure appropriate permission. LMW may in its discretion, require evidence that Customer has obtained appropriate permission.
10.3 You
agree that you will not permit or assist others to abuse or
fraudulently use the Services, including, but not limited to,
unauthorized or attempted
access, alteration, or destruction of another LMW customer's
information, or using the Services that cause interference with another customer's
or authorized user's use of the LMW network. Illegal and unauthorized
attachments to its facilities are costly to LMW and may create interference and a degradation of the Services to other customers. LMW
will be obligated to seek legal redress and assist in the criminal prosecution in matters involving illegal and unauthorized connections and attachments and injury to its wiring or facilities.
10.4 LMW's
failure to enforce strict performance of any provision of this
Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice will act to modify any provision of this Agreement.
10.5 This
Agreement will be governed by applicable federal laws and regulations
and the laws of Idaho excluding choice of law principles.
10.6 LMW
will assign to you an Internet Protocol address from the address spaces
assigned to LMW ("IP Address"). You acknowledge that the IP Address
is the exclusive property of LMW, is assigned to you as a service by
LMW, and is not portable. LMW reserves the right at its sole discretion
to change the IP Address assignment scheme at any time during the Term
of this Agreement without prior notice and without liability.
LMW will use reasonable efforts to avoid any disruption to you
resulting from any renumbering requirement by notifying you via email
before the change. You agree that any IP Addresses provided by LMW will
be returned to LMW on the termination date of this Agreement.
10.7 With
e-mail notification, LMW reserves the right to charge for customer
calls into technical support or for on-site technical support.
10.8 Additional services may be offered as available and may be subject to service specific terms and conditions and pricing.
10.9
Subject to availability, LMW will support and charge for the
connectivity of multiple computers to a single connection. LMW may
install wiring for
additional computers, setup a hub purchased from LMW, and configure
computers for Internet connectivity. LMW will not support file and print sharing or other local area network functionality.
10.10 In
accepting this Agreement, you are not relying on any representations or
promises not in this Agreement. When signed by the parties, this
Agreement together with the Work Order will constitute the parties'
entire understanding regarding Equipment and the Services; and supersedes
all agreements or discussions, oral or written, regarding the Equipment
and the Services, unless explicitly in this Agreement.
10.11 LMW
is an independent contractor under this Agreement. The parties'
relationship and this Agreement will not constitute or create an association,
joint venture, partnership, or other form of legal entity or business
enterprise between the parties, their agents, employees or affiliates.
10.12 If
either party fails to enforce any right or remedy under this Agreement,
that failure is not a waiver of the right or remedy for any other breach or failure by the other party.
10.13 This
Agreement's benefits do not extend to any third party, unless expressly
stated in this Agreement. LMW may assign this Agreement without
your prior written consent if: (I) the assignment is to a successor in
interest, by merger, operation of law, or by assignment, purchase, or otherwise of LMW's entire business, or (ii) the assignment is to the parent, affiliate or subsidiary of LMW.
10.14
Neither party will use the name, service marks, trademarks, or trade
secrets of the other party or any of its affiliates for any purpose, including, but not limited to, press releases, without the other party's written consent.
10.15 LMW
may modify this Agreement at any time. Notice to you will consist of
updating the Terms and Conditions by sending an e-mail to your primary LMW Services address.
10.16 You
grant to LMW or any appointed subcontractors an irrevocable license to
enter into or onto your Premises during normal business hours,
Monday through Saturday, in order to install, repair, replace or remove
Equipment. This license will survive termination or cancellation of this Agreement and will run with the land and inure to the parties' successors and assigns.
10.17 If
You change your address, You will notify LMW in writing of your new
address before the move and You will remain liable for all of its
obligations under this Agreement. You agree to pay the standard LMW
transfer charges plus any additional payments required for installation of Equipment at Customer's new location.
10.18 There
will be a contract agreement effective from installation date; if for
any reason the contract is terminated before the commitment has been
fulfilled, the remaining months of the contract will be billed at your
contracted rate for the remainder of the contract term.
10.19
The rate for Basic installation is $150.00, plus first and last month of your
contract monthly rate (Basic installation consists of one computer connection).
All Equipment remains the property of Last Mile Wireless and must be
returned when service is terminated. If all equipment is not returned in good
working order there will be a $400.00 charge for the equipment.
10.20 Additional charges apply if a switch, router or additional cabling
is needed for a specific installation and is not considered a basic
install. You will be charged at the rate of $45.00 per hour for the first hour
and $22.50 per 30 minutes thereafter. Additional charges include but are
not limited to, networking additional computers, router configuration,
or Internet or PC training.
* Changes to this contract at anytime will be reflected on this webpage.
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