Air Link Rural Broadband, LLC Terms of Service

Air Link Rural Broadband, LLC (“Air Link Rural Broadband, LLC”) agrees to provide the service to the
Customer at the site identified in the Service Agreement.
“Service Period,” is the time period starting on the date the service is fully functional in all material
respects and available for use as described in a Service Agreement or as reflected in the first invoice (the
“Turn-up Date”) and continuing for the number of months specified in the Service Agreement.
Standard Payment Terms
Customer agrees to pay the Monthly Service Fees and one-time charges as set forth in the Service
Agreement incorporated under this Service Agreement by execution thereof by the parties. “Monthly
Service Fees” is the amount specified as the monthly fee to be paid by the Customer for the Services.
“One-Time Charges” include, but are not limited to, construction, Service installation charge(s), repair,
replacement, or any non-recurring charges. “Service Installation Charge” is the amount specified as the
fee for installation of equipment and network facilities. “Equipment” means components including, but
not limited to, any, antenna, radio, bridge, receiver, transmitter, transceiver, router, switch, hub,
telephone, analog telephone adapter, power supplies, wires and cables installed on the customer
premises.

  • (a) Monthly Service Fees. Customer agrees to pay Monthly Service Fees in advance of the provision of
    the Services.
    Monthly Service Fees are due on the date specified in the Service Agreement.
  • (b) One-Time Charges. Customer agrees to pay the One-Time Charges as described on the Service
    Agreement.
  • (c) Taxes, Fees, and Government Charges. Customer agrees to pay any sales, use, property, excise or
    other taxes,franchise fees and governmental charges (excluding income taxes), arising under this
    Agreement.
  • (d) Charges for Change Requests. Any charges associated with Service and Equipment installations,
    additions, modifications, substitutions, upgrades, reconfigurations, rebuilds or relocations at a site and
    requested by Customer subsequent to executing a Service Agreement for that site, are the sole financial
    responsibility of Customer.
  • (e) Site Visits and Repairs. If Customer’s misuse, abuse or modification of the Services, Equipment or
    Network facilities supplied by Air Link Rural Broadband, LLC necessitates a visit to the Customer site for
    inspection, correction or repair, Air Link Rural Broadband, LLC shall charge Customer a site visit fee as
    well as charges for any Equipment or Network repair or replacement necessary to restore Service.
  • (f) Invoicing Errors. Customer must provide notice to Air Link Rural Broadband, LLC of any invoice
    errors or disputed charges within thirty (30) days of the invoice date on which the errors and/or
    disputed charges appear in order for Customer to receive any credit that may be due.
  • (g) Late Fees. If Customer fails to pay an invoice within thirty (30) days of issuance, the Customer may
    be charged a late fee of $10 per month on any outstanding past-due balance.
  • (h) Non-Payment. If Services are disconnected because Customer does not pay the invoice, Air Link
    Rural Broadband, LLC may, in its sole discretion, require that Customer pay all past due charges, a
    reconnect fee and a minimum of one month’s Monthly Service Fees in advance before Air Link Rural
    Broadband, LLC will reconnect Services.
  • (i) Returned Checks. Air Link Rural Broadband, LLC will charge a $20 service fee for all returned checks.
  • (j) Collection Fees. Customer shall be responsible for all expenses, including reasonable attorney’s fees
    and collection costs, incurred by Air Link Rural Broadband, LLC in collecting any unpaid amounts due
    under this Agreement.
    Service Location Access and Installation
  • (a) Access. Customer shall provide Air Link Rural Broadband, LLC with reasonable access to each
    Service Location listed on a Service Agreement as necessary for Air Link Rural Broadband, LLC to review,
    install, inspect, maintain or repair any Equipment or Materials necessary to provide the Services. If
    Customer owns and/or controls the Service Location(s), Customer grants to Air Link Rural Broadband,
    LLC permission to enter the site(s) for the exercise of such right. If a site is not owned and/or controlled
    by Customer, the Customer will obtain, with Air Link Rural Broadband, LLC’s assistance, appropriate right
    of access. If Customer is not able to gain right of access for a site from owner and/or controlling party,
    Air Link Rural Broadband, LLC’s obligations under this Agreement and the appropriate Service
    Agreement for such site are terminated, null and void.
  • (b) Installation Review; Subsequent Interference. Air Link Rural Broadband, LLC may perform an
    installation review of each Service Location prior to installation of the Services at that Service Location.
    Customer may be required to provide Air Link Rural Broadband, LLC with accurate site and/or physical
    network diagrams or maps of a Service Location prior to the installation review. Air Link Rural
    Broadband, LLC may directly or through its agents inspect the Customer Premises before beginning
    installation and shall satisfy itself that safe installation and proper operation of its Equipment and the
    Services are possible in the location(s) provided by Customer. If Air Link Rural Broadband, LLC, in its sole
    discretion, determines that safe installation and/or activation of the Services will have negative
    consequences to Air Link Rural Broadband, LLC’s personnel or Network and/or cause technical
    difficulties to Air Link Rural Broadband, LLC or its other customers, installation of Air Link Rural
    Broadband, LLC equipment may be refused.
    Terms of Service
    Air Link Rural Broadband, LLC may terminate the Service Agreement effective upon prior written notice
    to Customer or may require the Customer to correct the situation before proceeding with installation or
    activation of the Services. In the event during the initial or any renewal Service Period, (i) proper
    operation of Air Link Rural Broadband, LLC’s Equipment and/or unhindered provision of the Services is
    no longer possible as a result of interference or obstruction caused by the acts or omissions of
    Customer, a third party or any Force Majeure Event, or (ii) such interference/obstruction or the cause
    thereof will have negative consequences to Air Link Rural Broadband, LLC’s personnel or Network and/or
    cause technical difficulties to Air Link Rural Broadband, LLC or its customers, as Air Link Rural Broadband,
    LLC may determine in its sole discretion, Air Link Rural Broadband, LLC may terminate the affected
    Service Agreement(s) without liability upon written notice to Customer.
  • (c) Site Preparation. Customer shall be responsible, at its own expense, for all site preparation
    activities necessary for delivery and installation of the Equipment and the installation and ongoing
    provision of Services, including, but not limited to, the relocation of Customer’s equipment, furniture
    and furnishings as necessary to access the Equipment and/or Services. To ensure proper installation of
    the Equipment and the Services, Customer may be required to provide electrical or other utility service
    and/or accurate physical network diagrams and/or maps prior to installation.
  • (d) Installation. Air Link Rural Broadband, LLC will schedule one or more installation visits with
    Customer. Customer’s authorized representative must be present during installation. During installation,
    Air Link Rural Broadband, LLC shall test to confirm that the Services can be accessed from the Service
    Location. In the event that during the course of installation Air Link Rural Broadband, LLC determines
    additional work is necessary to enable Air Link Rural Broadband, LLC to deliver the Services to the
    Service Location, Air Link Rural Broadband, LLC will notify Customer of any new or additional One-Time
    Charges that may be necessary at time of installation. Customer shall be responsible for access paths,
    moving or relocating furniture, furnishings, or equipment, or other preparation activities necessary for
    Air Link Rural Broadband, LLC to install the Services. Air Link Rural Broadband, LLC shall connect any
    Equipment provided by Air Link Rural Broadband, LLC to Customer’s computer or network to enable
    access to the Services. With respect to any excavation, Air Link Rural Broadband, LLC shall be not held
    responsible for any restoration efforts necessary to address any displacement resulting from such
    excavation.
  • (e) Ongoing Visits. Air Link Rural Broadband, LLC will need access to the Customer Premises from time
    to time for inspecting, constructing, installing, operating and maintaining Air Link Rural Broadband, LLC’s
    Network facilities, Equipment or materials and/or any related facilities. Except in emergency situations,
    Air Link Rural Broadband, LLC will obtain approval from the Customer (not to be unreasonably withheld
    or delayed) before entering the Customer Premises.
    Equipment and Materials
    The Customer shall:
    i. Safeguard Air Link Rural Broadband, LLC-provided Equipment against others;
    ii. Not add other equipment nor move, modify, disturb, alter, remove, nor otherwise tamper with any
    portion of the Equipment.
    iii. Not hire nor permit anyone other than personnel authorized by Air Link Rural Broadband, LLC acting
    in their official capacity to perform any work on the Equipment
    iv. Not move nor relocate Equipment to another location or use it at an address other than the Service
    location without the prior written consent of Air Link Rural Broadband, LLC.
  • (a) Unauthorized connection. Any unauthorized connection or other tampering with the Services,
    Equipment, any system or its components shall be cause for immediate disconnection of Services,
    termination of this Agreement and/or legal action and Air Link Rural Broadband, LLC shall be entitled to
    recover damages, including, but not limited to, the value of any Services and/or Equipment obtained in
    violation of this Agreement in addition to reasonable collection costs including, but not limited to,
    reasonable attorneys’ fees. Should any antenna, or signal amplification system for use in connection
    with communication equipment hereafter be installed on the Premises which interferes with the
    Services provided by Air Link Rural Broadband, LLC hereunder, Customer acknowledges and agrees that
    Air Link Rural Broadband, LLC shall not be obligated to distribute a quality signal to the Premises better
    than the highest quality which can be furnished as a result of such interference, until such time as the
    interference is eliminated or corrected by Customer or a third party.
  • (b) Customer Security Responsibilities. Customer shall be responsible for the implementation of
    reasonable security procedures and standards with respect to use of and access to the Service and/or
    Equipment. Air Link Rural Broadband, LLC may temporarily discontinue or disconnect the Services upon
    learning of a breach of security and will attempt to contact Customer in advance, if possible. The
    temporary discontinuation or disconnection of the Services shall not constitute a breach of this
    Agreement.
  • (c) Ownership. Customer understands and agrees that notwithstanding any other provision contained
    herein to the contrary, all Equipment and materials installed or provided by Air Link Rural Broadband,
    LLC are and shall always remain the property of Air Link Rural Broadband, LLC, shall not become a fixture
    to the Premises and must be returned to Air Link Rural Broadband, LLC at any time Services are
    disconnected in the condition in which they were received subject to ordinary wear and tear. Customer
    will not sell, lease, assign nor encumber any Equipment.
  • (d) Equipment Return, Retrieval, Repair and Replacement. Immediately upon termination of Services
    (“Termination” shall mean the termination of the Service Agreement and/or Service Agreement(s)), at
    the discretion of Air Link Rural Broadband, LLC, the Customer shall allow Air Link Rural Broadband, LLC to
    retrieve, the Equipment supplied by Air Link Rural Broadband, LLC to Customer, in good condition.
    Failure of Customer to allow Air Link Rural Broadband, LLC to retrieve, Equipment within ten (10) days
    after Services are terminated will result in a charge to Customer’s account equal to the full retail cost of
    replacement of the unreturned Equipment. In addition, Customer agrees to pay for the repair or
    replacement of any damaged Equipment (whether or not caused by Customer’s negligent act, except
    such repairs or replacements as may be necessary due to normal and ordinary wear and tear or
    material/workmanship defects), together with any costs incurred by Air Link Rural Broadband, LLC in
    obtaining or attempting to regain possession of such Equipment, including, but not limited to,
    reasonable attorneys’ fees.
    Internet Access Service
    Continued use of the Internet Service is subject to these Terms and Conditions.
  • (a) Equipment and Software Requirements. Customer shall maintain certain minimum Equipment and
    software to receive the Service. Please refer to http://airlinkrb.com (or the applicable successor URL) for
    the current specifications.
  • (b) Internet Service Speeds. Air Link Rural Broadband, LLC shall use commercially reasonable efforts to
    achieve the Internet speed selected by the Customer on the Service Agreement. However, Customer
    understands and agrees that such speeds may vary.
  • (c) Access and Use. Customer agrees to ensure that any person who has access to the Internet Services
    through Customer’s computer(s), Service Location, facilities or account shall comply with the terms of
    this Agreement. Customer shall be responsible for all charges incurred and all conduct, whether
    authorized or unauthorized, caused by use of Customer’s computers, service locations, facilities or
    account using the Internet Services.
  • (d) Electronic Addresses. All email addresses, email account names, and IP addresses (“Electronic
    Addresses”) provided by Air Link Rural Broadband, LLC are and shall remain the property of Air Link Rural
    Broadband, LLC. Customer may not alter, modify, sell, lease, assign, encumber or otherwise tamper with
    the Electronic Addresses.
  • (e) No Liability for Changes of Address. Due to growth, acquisitions and changes in technology, Air Link
    Rural Broadband, LLC reserves the right to change addressing schemes, including email and IP addresses.
  • (f) No Liability for Risks of Internet Use. The Internet is a shared network and Air Link Rural Broadband,
    LLC does not warrant that Service will be error free. The Service, Air Link Rural Broadband, LLC’s network
    and the Internet are not guaranteed to be secure, and others may access or monitor the Customer’s
    traffic. Air Link Rural Broadband, LLC does not warrant that data or files sent or received by the
    Customer over the Network will not be subject to unauthorized access by others, that other users will
    not gain access to the Customer’s data, nor that the data or files will be free from computer viruses or
    other harmful components. Air Link Rural Broadband, LLC has no responsibility and assumes no liability
    for such acts or occurrences.
  • (g) No Liability for Purchases. Through use of the Service, the Customer may access certain
    information, products and services of others, for which there is a charge. The Customer shall be solely
    liable and responsible for all fees or charges for these online services, products or information. Air Link
    Rural Broadband, LLC shall have no responsibility to resolve disputes with other vendors.
  • (h) Blocking and Filtering. While the computer industry may provide blocking and filtering software
    that empowers Customer to monitor and restrict access to Customer’s computer and its data, Air Link
    Rural Broadband, LLC is not the publisher of this software.
    Air Link Rural Broadband, LLC strongly recommends that the Customer employ a “firewall” or other
    security software. The Customer assumes all responsibility for providing and configuring any “firewall”
    or security measures for use with the Service. Air Link Rural Broadband, LLC shall not be responsible in
    any manner for the effectiveness of these blocking and filtering technologies. Air Link Rural Broadband,
    LLC does not warrant that other users will be unable to gain access to Customer’s computer(s) and/or
    data even if the Customer utilizes blocking and filtering technologies.
  • (i) Acceptable Use Policy. Customer agrees to comply with the terms of Air Link Rural Broadband, LLC’s
    Acceptable Use Policy (“AUP”), found at http://airlinkrb.com (or the applicable successor URL) and that
    policy is incorporated by reference into this Agreement. Customer represents and warrants that
    Customer has read the AUP and agrees to be bound by its terms as they may from time to time be
    amended, revised, replaced, supplemented or otherwise changed. Customer expressly understands and
    agrees that the AUP may be updated or modified from time to time by Air Link Rural Broadband, LLC,
    with or without notice to Customer. Air Link Rural Broadband, LLC may discontinue or disconnect
    Services immediately for any violation of the Air Link Rural Broadband, LLC AUP with or without notice
    to Customer.
    No Third-Party Hardware or Software Support
    Customer is responsible for the installation, repair and use of Customer-supplied third-party hardware
    and/or software. Air Link Rural Broadband, LLC does not support third-party hardware or software
    supplied by Customer. Any questions concerning third-party hardware or software should be directed to
    the provider of that product. Air Link Rural Broadband, LLC assumes no liability or responsibility for the
    installation, maintenance, compatibility or performance of third party software, any Customer-supplied
    hardware or software with the Services. If such third-party equipment or software impairs the Services,
    Customer shall remain liable for payments as agreed (if any) without recourse for credit or prorated
    refund for the period of impairment. Air Link Rural Broadband, LLC has no responsibility to resolve the
    difficulties caused by such third-party equipment or software. If, at Customer’s request, Air Link Rural
    Broadband, LLC should attempt to resolve difficulties caused by such third-party equipment or software,
    such efforts shall be performed at Air Link Rural Broadband, LLC’s discretion and at then-current
    commercial rates and terms.
    Customer Use
    Customer agrees not to re-sell or re-distribute access to the Service(s) or system capacity, or any part
    thereof, in any manner without the express prior written consent of Air Link Rural Broadband, LLC.
    Customer agrees not to use or permit third parties to use the Service(s), including but not limited to the
    Equipment and software provided by Air Link Rural Broadband, LLC, for any illegal purpose, or to achieve
    unauthorized access to any computer systems, software, data, or other copyright or patent protected
    material. Customer agrees not to interfere with other customers’ use of the Equipment or Services or
    disrupt the Air Link Rural Broadband, LLC Network, backbone, nodes or other Services. Violation of any
    part of this section is grounds for immediate Termination of this Service Agreement and/or all Service
    Agreements in addition to any other rights or remedies Air Link Rural Broadband, LLC may have
    hereunder.
    Performance
    Air Link Rural Broadband, LLC will use commercially reasonable efforts in keeping with normal industry
    standards to ensure that the Service is available to Customer twenty-four (24) hours per day, seven (7)
    days per week. It is possible, however, that there will be interruptions of Service. Specifically, Customer
    understands and agrees that the Service may be unavailable from time to time either for scheduled or
    unscheduled maintenance, technical difficulties, or for other reasons beyond Air Link Rural Broadband,
    LLC’s reasonable control. Temporary service interruptions/outages for such reasons, as well as service
    interruptions/outages caused by the Customer, or by a Force Majeure Event, shall not constitute a
    failure by Air Link Rural Broadband, LLC to perform its obligations under this Service Agreement.
    Default Suspension of Service Termination
    No express or implied waiver by Air Link Rural Broadband, LLC of any event of default shall in any way be
    a waiver of any further subsequent event of default. Nothing herein, including, but not limited to
    Termination, shall relieve Customer of its obligation to pay Air Link Rural Broadband, LLC all amounts
    due.
  • (a) Default by Customer. Customer shall be in default under this Service Agreement in the event that
    the Customer does one (1) or more of the following (each individually to be considered a separate event
    of default) and the Customer fails to correct each such noncompliance:
    i. Air Link Rural Broadband, LLC has not received payment from Customer for any outstanding statement
    or invoice by close of business on the due date listed on the statement or invoice;
    ii. Customer otherwise has failed to comply with the terms of this Service Agreement or any other
    Service Agreement(s) incorporated herein by execution thereof by the parties.
  • (b) Air Link Rural Broadband, LLC’s Right to Terminate and Termination Charge. In the event Customer
    is in default, Air Link Rural Broadband, LLC shall have the right, at its option, and in addition to any other
    rights of Air Link Rural Broadband, LLC expressly set forth in this Agreement and any other remedies it
    may have under applicable law, to:
    i. Immediately suspend Services to the Customer until such time as the underlying noncompliance has
    been corrected without affecting Customer’s ongoing obligation to pay Air Link Rural Broadband, LLC
    any amounts due under this Agreement (e.g., the Monthly Service Fees), as if such suspension of
    Services had not taken place;
    ii. Terminate the Services; or
    iii. After the occurrence of two (2) such events of Customer default in any twelve (12) month period of
    time, terminate this Service Agreement and/or any or all of the applicable Service Agreement(s).
    If Termination is due to noncompliance by the Customer, Customer may be required to pay Air Link
    Rural Broadband, LLC a Termination charge (a “Termination Charge”), which the parties recognize as
    liquidated damages. This Termination Charge shall be equal to fifty percent (50%) of the unpaid balance
    of the Monthly Service Fees that would have been due throughout the remainder of the applicable
    Service Period plus one hundred percent (100%) of (1) the outstanding balance of any and all One-Time
    Charges plus (2) any and all previously waived One-Time Charges.
  • (c) Default by Air Link Rural Broadband, LLC. Air Link Rural Broadband, LLC shall be in default under this
    Service Agreement in the event that Air Link Rural Broadband, LLC fails to comply with the terms of this
    Service Agreement and/or any or all of the applicable Service Agreement(s) and Air Link Rural
    Broadband, LLC fails to remedy each such noncompliance or occurrence within thirty (30) days of receipt
    of written notice from Customer describing in reasonable detail the nature, scope and extent of the
    default or noncompliance:
  • (d) Customer’s Right to Terminate and Termination Charge.
    i. Customer shall have the right, at its option and in addition to any other remedies it may have, to
    terminate any applicable Service Agreement(s), if the underlying event of default and/or noncompliance
    by Air Link Rural Broadband, LLC is limited to Services provided under the applicable Service
    Agreement(s) or this Service Agreement, if such noncompliance is not so limited, provided that Air Link
    Rural Broadband, LLC’s diligent efforts to correct such breach are not commenced and pursued within
    thirty (30) days after Air Link Rural Broadband, LLC’s receipt of a written notice from the Customer
    describing in reasonable detail the nature, scope and extent of the event of default/noncompliance.
    Limitation of Liability
    PLEASE READ THIS SECTION CAREFULLY, IT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS
    OF LIABILITY.
  • (a) Limited Warranty. At all times during the Service Period, Air Link Rural Broadband, LLC warrants
    that it will use commercially reasonable efforts in keeping with industry standards to cause the Services
    to be available to the Customer. THE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL
    EXPRESS AND IMPLIED WARRANTIES WHATSOEVER. EXCEPT AS OTHERWISE STATED IN THIS SERVICE
    AGREEMENT, Air Link Rural Broadband, LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY
    SERVICE PROVISIONED HEREUNDER AND SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES,
    INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
    PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING
    ANY EXPRESS PROVISIONS PROVIDED FOR ELSEWHERE IN THIS AGREEMENT, NEITHER PARTY SHALL BE
    LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR
    PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR
    GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF SERVICES
    HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS AND/OR FAILURES), UNDER ANY
    THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF THE PARTY HAS
    BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE
    FOREGOING LIMITATIONS APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING WITHOUT
    LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY,
    MISREPRESENTATION AND OTHER TORTS. Any warranty claim by Customer must be made within thirty
    (30) days after the applicable Services have been performed. Air Link Rural Broadband, LLC’s sole
    obligation and Customer’s sole remedy, with respect to any breach of the limited warranty set forth
    herein, shall be a prorated refund of the fees paid by Customer based on the period of time when the
    Services are out of compliance with this limited warranty provision.
  • (b) Content. Customer acknowledges that any content that Customer may access or transmit through
    any Service is provided by independent content providers, over which Air Link Rural Broadband, LLC
    does not exercise and disclaims any control. Air Link Rural Broadband, LLC neither previews content nor
    exercises editorial control; does not endorse any opinions or information accessed through any Service;
    and assumes no responsibility for content. Air Link Rural Broadband, LLC specifically disclaims any
    responsibility for the accuracy or quality of the information obtained using the Service. Such content or
    programs may include, without limitation, programs or content of an infringing, abusive, profane or
    sexually offensive nature. Customer and their authorized users accessing other parties’ content through
    Customer’s facilities do so at Customer’s own risk, and Air Link Rural Broadband, LLC assumes no liability
    whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise
    relating to such content.
  • (c) Damage, Loss or Destruction of Software Files and/or Data. Customer agrees that Customer uses
    the Services and Equipment supplied by Air Link Rural Broadband, LLC at its sole risk. Air Link Rural
    Broadband, LLC does not manufacture the Equipment, and the Services and Equipment are provided on
    an “as is basis” without warranties of any kind. Air Link Rural Broadband, LLC assumes no responsibility
    whatsoever for any damage to or loss or destruction of any of Customer’s hardware, software, files, data
    or peripherals which may result from Customer’s use of any Service. Air Link Rural Broadband, LLC does
    not warrant that data or files sent by or to Customer will be transmitted in uncorrupted form or within a
    reasonable period of time.
  • (d) Unauthorized Access. If Customer chooses to run or offer access to applications from its equipment
    that permits others to gain access through the Network, Customer must take appropriate security
    measures. Failing to do so may cause immediate Termination of Customer’s Service by Air Link Rural
    Broadband, LLC without liability for Air Link Rural Broadband, LLC. Air Link Rural Broadband, LLC is not
    responsible for and assumes no liability for any damages resulting from the use of such applications, and
    Customer shall hold Air Link Rural Broadband, LLC harmless from and indemnify Air Link Rural
    Broadband, LLC against any claims, losses, or damages arising from such use. Air Link Rural Broadband,
    LLC is not responsible and assumes no liability for losses, claims, damages, expenses, liability, or costs
    resulting from others accessing the Customer’s computers, its internal network and/or the Network
    through Customer’s equipment, and Customer shall hold Air Link Rural Broadband, LLC harmless from
    and indemnify Air Link Rural Broadband, LLC against any such claims, losses, or damages to the full
    extent arising from such access.
  • (e) Force Majeure Event. Customer agrees that Air Link Rural Broadband, LLC shall not be liable for any
    inconvenience, loss, liability or damage resulting from any failure or interruption of Services, directly or
    indirectly caused by circumstances beyond Air Link Rural Broadband, LLC’s control, including but not
    limited to acts of war or terrorism, criminal, illegal or unlawful acts, natural causes, mechanical or power
    failures, or any order, law or ordinance in any way restricting the operation of the Services.
    Indemnification In addition to its specific indemnification responsibilities set forth elsewhere in this
    Service Agreement and as permissible under applicable law, Customer agrees, at its own expense, to
    indemnify, defend and hold harmless Air Link Rural Broadband, LLC and its directors, employees,
    representatives, officers and agents, (the “Indemnified Parties”) against any and all claims,
    liabilities,lawsuits, damages, losses, judgments, costs, fees and expenses incurred by Air Link Rural
    Broadband, LLC Indemnified Parties, including but not limited to, reasonable attorneys’ fees and court
    costs incurred by Air Link Rural Broadband, LLC Indemnified Parties under this Service Agreement, to the
    full extent that such arise from Customer’s misrepresentation with regard to or noncompliance with the
    terms of this Service Agreement and any or all Service Agreements, Customer’s failure to comply with
    applicable law, and/or Customer’s negligence or willful misconduct. Air Link Rural Broadband, LLC
    Indemnified Parties shall have the right but not the obligation to participate in the defense of the claim
    at Customer‘s cost and Customer agrees to cooperate with Air Link Rural Broadband, LLC Indemnified
    Parties in such case.
    Title
    Title to the Equipment shall remain with Air Link Rural Broadband, LLC during the applicable Service
    Period. Customer shall keep that portion of the Equipment located on Customer Premises free and clear
    of all liens, encumbrances and security interests. Upon Termination of Service or expiration of a Service
    Agreement’s Service Period for a specific site, Air Link Rural Broadband, LLC shall have the right to
    remove all Equipment components and/or leave any of such components in place, assigning title and
    interest in such components to the Customer, it being understood that no further notice or action is
    required to accomplish the assignment contemplated hereunder. Air Link Rural Broadband, LLC shall
    have the right to remove the Equipment and all components after such Termination.
    Compliance with Laws
    Customer shall not use or permit third parties to use the Services in any manner that violates applicable
    law or causes Air Link Rural Broadband, LLC to violate applicable law. Both parties shall comply with all
    applicable laws and regulations when carrying out their respective duties hereunder.
    Privacy
    Air Link Rural Broadband, LLC treats private communications on or through its Network or using any
    Service as confidential and does not access, use or disclose the contents of private communications,
    except in limited circumstances and as permitted by law. Air Link Rural Broadband, LLC also maintains a
    Privacy Policy with respect to the Services in order to protect the privacy of its customers. The Privacy
    Policy can be found on Air Link Rural Broadband, LLC’s website at airlinkrb.com. Customer represents
    and warrants that Customer has read the Privacy Policy and agrees to be bound by its terms. Customer
    expressly understands and agrees that the Privacy Policy may be updated or modified from time to time
    by Air Link Rural Broadband, LLC, with or without notice to Customer.
    General Customer Representations and Obligations
    Customer represents to Air Link Rural Broadband, LLC that Customer has the authority to execute,
    deliver and carry out the terms of this Service Agreement and associated Service Agreements. Customer
    also represents that any person who accesses any Services through Customer’s equipment or through
    the Network facilities in Customer’s Premises will be an authorized user, will use the Service, Network
    and/or Network facilities in an appropriate and legal manner, and will be subject to the terms of this
    Service Agreement. Customer shall be responsible for ensuring that all such users understand the
    Service Agreement and comply with its terms.
    The Customer shall be responsible for all access to and use of the Service by means of the Customer’s
    equipment, whether or not the Customer has knowledge of or authorizes such access or use. The
    Customer shall be solely liable and responsible for all charges incurred and all conduct through either
    authorized or unauthorized use of the Service, until the Customer informs Air Link Rural Broadband, LLC
    of any breach of security.
    Air Link Rural Broadband, LLC expressly prohibits using the Service for the posting or transferring of
    sexually explicit images, material inappropriate for minors, or other offensive materials. By signing,
    Customer expressly acknowledges that Customer will not post or transfer or permit others to post or
    transfer such materials using the Service.
    Notices
    Any notices to be given under this Service Agreement shall be validly given or served only if in writing
    and sent by nationally recognized overnight delivery service or certified mail, return receipt requested,
    to the following addresses: If to Air Link Rural Broadband, LLC:
    Air Link Rural Broadband, LLC
    32898 Hwy 24
    Salisbury, MO 65281
    If to Customer:
    See Customer’s Service Agreement.
    Each party may change its respective address(es) for legal notice by providing notice to the other party.
    Miscellaneous
  • (a) Entire Agreement. This Service Agreement and any related, executed Service Agreement(s)
    constitute the entire Agreement with respect to the Services, Network and Equipment. This Service
    Agreement supersedes all prior understandings, promises and undertakings, if any made orally or in
    writing by or on behalf of the parties with respect to the subject matter of this Service Agreement.
  • (b) No Amendments, Supplements or Changes. This Service Agreement and the associated executed
    Service
    Agreement(s) may not be amended, supplemented or changed without both parties’ prior written
    consent.
  • (c) No Assignment or Transfer. The parties may not assign or transfer (directly or indirectly by any
    means, by operation of law or otherwise) this Service Agreement and the associated Service
    Agreement(s), or their rights or obligations hereunder to any other entity without first obtaining written
    consent from the other party, which consent shall not be unreasonably withheld, provided, however,
    that Air Link Rural Broadband, LLC may assign this Service Agreement and the associated executed
    Service Agreement(s) to affiliates controlling, controlled by or under common control with Air Link Rural
    Broadband, LLC, or to its successor-in-interest in the event Air Link Rural Broadband, LLC sells the
    underlying communications system, without Customer’s consent.
  • (d) Severability. If any term, covenant, condition or portion of this Service Agreement, any related,
    executed Service Agreement(s) shall, to any extent, be invalid or unenforceable, the remainder of this
    Service Agreement, any related, executed Service Agreement(s), shall not be affected and each
    remaining term, covenant or condition shall be valid and enforceable to the fullest extent permitted by
    law.
  • (e) Section Headings. The section headings are furnished for the convenience of the parties and are
    not to be considered in the construction or interpretation of this Service Agreement.
  • (f) Governing Law. This Service Agreement and all matters arising out of or related to this Agreement
    shall be governed by the laws of the State of Ohio, without regard to conflicts of law provisions.
    Customer agrees that the federal and state courts of Ohio alone have jurisdiction over all disputes
    arising under this Agreement, and Customer consents to personal jurisdiction of those courts with
    respect to any disputes arising under this Agreement. IN ANY AND ALL CONTROVERSIES OR CLAIMS
    ARISING OUT OF OR RELATING TO THIS AGREEMENT, ITS NEGOTIATION, ENFORCEABILITY OR VALIDITY,
    OR THE PERFORMANCE OR BREACH THEREOF OR THE RELATIONSHIPS ESTABLISHED HEREUNDER,
    CUSTOMER AND Air Link Rural Broadband, LLC EACH HEREBY WAIVES ITS RIGHT, IF ANY, TO TRIAL BY
    JURY.
  • (g) Jointly Drafted. Both parties hereby acknowledge that they participated equally in the negotiation
    and drafting of this Service Agreement and any related, executed Service Agreement(s) and that,
    accordingly, no court construing this Service Agreement and any related, executed Service Agreement(s)
    shall construe it more stringently against one party than against the other.
  • (h) No Third Party Beneficiaries. The parties agree that the terms of this Service Agreement and the
    parties’ respective performance of obligations as described are not intended to benefit any person or
    entity not a party to this Service Agreement, that the consideration provided by each party under this
    Service Agreement only runs to the respective parties hereto, and that no person or entity not a party to
    this Service Agreement shall have any rights under this Service Agreement nor the right to require the
    performance of obligations by either of the parties under this Service Agreement.
  • (i) Waiver. Except as otherwise provided herein, the failure of Air Link Rural Broadband, LLC to enforce
    any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of
    the right to enforce such provision.
    Air Link Rural Broadband, LLC Terms of Service.