Wise Wireless LLC

WISE WIRELESS’S TERMS AND CONDITIONS FOR INTERNET AND VOICE SERVICES

PLEASE READ THIS AGREEMENT CAREFULLY AND COMPLETELY AS IT SETS FORTH SUBSCRIBER’S RIGHTS AND OBLIGATIONS WITH RESPECT TO USE OF THE SERVICE. THIS AGREEMENT ALSO LIMITS THE REMEDIES AVAILABLE TO SUBSCRIBERS IN THE EVENT OF A DISPUTE, INCLUDING AN ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICES.

This Master Service Agreement (the “MSA” or “Service Agreement”) is an agreement between Wise Wireless LLC (“Wise Wireless”) for the purpose of establishing the terms and conditions under which Wise Wireless will furnish wireless and fiber-based internet access services, IT support and/or maintenance services, Voice over Internet Protocol (“VoIP”) services , and/or additional services as identified herein (collectively, the “Services”). This MSA governs all individual and entity subscribers for Wise Wireless’s Services (“Subscriber”). (Wise Wireless and Subscriber, are each a “Party” and, collectively, the “Parties. “Affiliate” means an entity that controls, is controlled by, or is under common control with Wise Wireless). This Service Agreement outlines the terms and conditions under which Wise Wireless is providing Services to Subscriber and the associated obligations of both Parties.

This Service Agreement governs Internet access Service (“Internet Service”) and VoIP Service (“VoIP Service”) for residential and business Subscribers.

By using the Services, Subscriber understands, acknowledges and agrees to be bound by the terms and conditions of this Service Agreement and all documents incorporated or referenced herein, as each may be amended from time to time, including without limitation Wise Wireless’s Privacy Policy, Open Internet Transparency Statement (“OITS”), Confirmation of Sale (“COS”) OR Service Level Agreement (“SLA”), and the DMCA Notice to Copyright Holders Regarding Alleged Infringement (“DMCA Notice”).

PART I — THE SERVICE, AND THIS SERVICE AGREEMENT

1. ELIGIBILITY AND OBLIGATIONS OF SUBSCRIBERS

1.1. SUBSCRIBER ELIGIBILITY AND USE OF THE SERVICES – Individual Subscribers represent and warrant that they are at least 18 years of age and have full legal authority to execute this Agreement. If a Subscriber is not an individual but is a corporate or organized entity, the individual representative executing this Agreement, represents and warrants that he/she has full legal authority to execute this Service Agreement on behalf of the Subscriber.

1.2. Subscriber understands, acknowledges and agrees that the Service is personal to Subscriber and agrees not to assign, transfer, resell or sublicense Subscriber’s rights under this Service Agreement unless specifically permitted by the terms of this Service Agreement.

1.3. For residential Subscribers, Subscriber understands, acknowledges, and agrees that the Services and the “Wise Wireless Equipment” (as defined below) shall be used only by Subscriber and by members of Subscriber’s immediate household living with Subscriber at the same service address (unless designated otherwise in the COS), and Subscriber will not redistribute or share the Services with any others or transmit the Services over a wireless or other network that is not secured.

1.4. For non-residential Subscribers, Subscriber agrees that the Services and the Wise Wireless Equipment shall be used only by Subscriber and by authorized employees, patrons, contractors, representatives, vendors, and visitors of Subscriber located or operating at the same service address (unless designated otherwise in the COS or SLA), and Subscriber will not redistribute or share the Service with any others or transmit the Service over a wireless or other network that is not secured.

2. OTHER SUBSCRIBER OBLIGATIONS FOR USE OF THE SERVICES

2.1. Subscriber agrees that Subscriber is responsible for installing, establishing, setting up, verifying and maintaining the email address, account, options, settings and other parameters under which the Services are used, including, without limitation, all related passwords and user identification information. Subscriber understands, acknowledges and agrees that these account functions may be performed only by a person at least 18 years of age, without exception.

2.2. Subscribers represent and warrant that the personally identifiable information Subscriber provides to Wise Wireless during the term of this Service Agreement, including without limitation Subscriber’s legal name, email address, service address, billing address, telephone number(s), and payment data (including without limitation information provided when authorizing Automated Clearing House (“ACH”) payments or other recurring payments) and non-personally identifiable information, such as, but not limited to, the number of computers on which the Service is being accessed (collectively, the “Subscriber Information”) for purpose of this Service Agreement is accurate, complete and current throughout the term of this Service Agreement.

2.3. Subscriber represents and warrants that when Subscriber transmits, uploads, posts, or submits any content using the Services, Subscriber has the legal right to do so and that Subscriber’s use of such content does not violate any copyright or trademark laws or any other third party rights. Such content collectively includes without limitation any lawful or unlawful software, computer programs, applications, data, photographs, video and/or audio content, text, files, and other information, including emails, address book and web storage content – anything installed by Subscriber on Wise Wireless’s servers or via the Wise Wireless Network not provided by Wise Wireless.

2.4. Subscriber shall be responsible for all access to and use of the Services through Subscriber’s account or password(s) and for any fees incurred for service, software or other merchandise purchased thereon or any other expenses incurred in accordance with the terms of this Service Agreement. Except for items that are the subject of a bona fide dispute that has been noticed to Wise Wireless pursuant to this Service Agreement, Subscriber promises to timely pay such amounts billed for services, software or merchandise and any related fees, taxes and charges. Permitted users of Subscriber’s account are limited to those entities to which Subscriber provides access. Subscriber acknowledges that Subscriber is aware that areas accessible on or through the Wise Wireless Service may contain material that is unsuitable for minors (persons under 18 years of age). Subscriber acknowledges sole responsibility to prevent minors from accessing unsuitable material through Subscriber’s account, including installation of filtering software. Wise Wireless is not responsible for any content accessed by Subscriber or anyone who utilizes the Wise Wireless Service.

2.5. Subscriber understands, acknowledges and agrees that prior to Wise Wireless servicing any “Subscriber Equipment” or “Wise Wireless Equipment” (as defined below), it is Subscriber’s responsibility to: (i) back-up the data, software, information or other files stored on Subscriber’s computer or other device including but not limited to disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and (ii) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Subscriber’s equipment. Under no circumstances shall Wise Wireless and/or its Operational Service Provider(s) be liable for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media.

3. INSTALLATION AND USE OF SUBSCRIBER EQUIPMENT

3.1. It is Subscriber’s responsibility, at Subscriber’s own expense, to obtain, maintain and operate suitable and fully compatible equipment to access the Services. Subscriber acknowledges that such equipment, including software, may have been acquired by Subscriber separate and apart from this Service Agreement (“Subscriber Equipment”). Subscriber is solely responsible for maintaining equipment that Subscriber has acquired. Wise Wireless MAKES NO REPRESENTATION OR WARRANTIES PURSUANT TO THIS SERVICE AGREEMENT, EITHER EXPRESS OR IMPLIED, REGARDING SUCH SUBSCRIBER EQUIPMENT.

3.2. Please note that Subscriber authorizes Wise Wireless to automatically check Subscriber’s premise equipment via the Internet and to provide upgrades via the Internet that will be automatically downloaded to Subscriber’s system. In addition, Wise Wireless may check the health and status of Subscriber’s system, via the Internet, to ensure that the configuration of Subscriber Equipment is optimized for use with the Wise Wireless Service.

4. INSTALLATION AND USE OF WISE WIRELESS EQUIPMENT

4.1. Subscriber understands, acknowledges and agrees that at the time of installation of the Services, the equipment leased, owned and/or operated by Wise Wireless (specifically, module, power injector, ethernet cable, antenna and mounting hardware), listed on the COS or in the SLA (collectively, “Wise Wireless Equipment”) was installed at a location and in a manner authorized by Subscriber. Subscriber further understands, acknowledges and agrees that the Wise Wireless Equipment may, at Wise Wireless’s sole discretion, be refurbished or otherwise used equipment. The Wise Wireless Equipment is and shall remain the property of Wise Wireless, and Subscriber shall acquire no ownership interest therein by virtue of the payments provided for herein or the attachment of any portion of the Wise Wireless Equipment to the Subscriber’s premises or otherwise. Subscriber and Wise Wireless expressly understand, acknowledge and agree that the Wise Wireless Equipment is not and shall not be considered a fixture to Subscriber’s premises.

4.2. Subscriber understands, acknowledges and agrees that Wise Wireless is not responsible for any malware, spyware, or other potentially harmful viruses or material transmitted via the Wise Wireless Equipment and/or any software provided by Wise Wireless or a third party vendor.

4.3. Subscriber further agrees to not alter, modify or tamper with the Wise Wireless Equipment or the Service, or to permit, encourage or solicit any other person to do the same, unless such person has been authorized to do so by Wise Wireless.

4.4 At such time as Subscriber or Wise Wireless terminate the Service for any reason, Subscriber will return the Wise Wireless Equipment to Wise Wireless within fifteen (15) calendar days in the same condition it was received (ordinary wear and tear excepted), and in accordance with Wise Wireless’s then-current return procedures. In the event that Subscriber has not returned the Wise Wireless Equipment within fifteen (15) calendar days as set forth in the previous sentence, or in the event that the Wise Wireless Equipment is damaged, destroyed, lost or stolen in Subscriber’s possession or otherwise inoperable, Subscriber shall be solely responsible for the cost of replacement or repair of any lost, stolen, damaged, sold, transferred, leased, encumbered or assigned Wise Wireless Equipment or part thereof, together with any incidental costs incurred by Wise Wireless relating to the replacement, repair or installation of Wise Wireless Equipment, including storm damage or acts of God. Subscriber shall pay an “Equipment Replacement Fee” of up to one hundred fifty dollars ($150.00 U.S.) for each piece of Wise Wireless Equipment that is damaged and/or not properly returned to Wise Wireless upon termination or expiration of this Agreement for any reason. Any damage caused by lightning, wind, hail, falling debris (such as without limitation tree limbs, trees, and pine cones), sports or recreational balls, or any toy or material will be covered by the Subscriber’s property or other insurance or paid out of pocket by Subscriber.

4.5. Subscriber understands, acknowledges and agrees that Wise Wireless or its designated Operational Service Provider (as defined below) may be required to access Subscriber’s premises or system in order to install and maintain the components necessary for Subscriber to access the Services. This may include opening Subscriber’s computer to install, repair or replace equipment or install software on Subscriber’s computer(s) at Subscriber's location and installing a VoIP compatible phone(s). By accepting this Service Agreement, scheduling a service or installation visit and permitting Wise Wireless or its Operational Service Provider(s) to enter Subscriber’s home, business, or location, Subscriber hereby authorizes Wise Wireless or its Operational Service Provider(s) to access Subscriber’s computer(s) for the purpose of installing, repairing or replacing the necessary components. By requesting a Wise Wireless Service, any Subscriber that is not the owner of the property at which the Service is being installed (e.g., a tenant or lessee) agrees that Subscriber has obtained any necessary permission or clearance from the property owner for the installation. Subscriber shall bear all responsibility for any installation work for which the property owner’s permission has not been granted and for any associated damage to the property. Neither Wise Wireless nor its Affiliates, Operational Service Provider(s) shall have any liability whatsoever for any losses resulting from installation, repair or other services, including, without limitation, damage to Subscriber’s premises or loss of software, data or other information from Subscriber’s computer(s). This limitation does not apply to any damage arising from the gross negligence or willful misconduct of any installation or maintenance service provider. Wise Wireless installs ground wire as a matter of course because the ground wire can protect electronic equipment and the premises from damage caused by electrical storms and lightning. Timeframes for installation, if any, are not guaranteed and may vary depending on the types of Services requested and other factors. Subscriber further understands, acknowledges and agrees that Wise Wireless owns all equipment installed and provided in connection with the Wise Wireless Service (including any VoIP telephones).

4.6. Subscribers of any VoIP Service will pay a five dollar ($5.00 U.S.) one-time fee per number to transport (also called “port”) any telephone number from Subscriber's previous subscriber.

4.7. Subscriber agrees to notify Wise Wireless at least fourteen (14) business days before Subscriber moves or vacates the location where Wise Wireless Equipment is installed. Upon notification of a move or vacating a service location, Wise Wireless will de-install Wise Wireless Equipment located on the outside of Subscriber’s premises. Wise Wireless will coordinate with Subscriber a time in which Wise Wireless can retrieve any Wise Wireless Equipment inside Subscriber’s premises. Subscriber will pay a “Move Service Fee” of seventy dollars ($70.00 U.S.).

4.8. Subscriber is considered the registered recipient of the Wise Wireless Services until Wise Wireless receives notice of termination as set forth in this Service Agreement, and Subscriber will be liable for any charges or fees incurred by the use of Subscriber’s Wise Wireless Equipment by anyone else up to the time that Wise Wireless receives Subscriber’s notice, unless otherwise provided by state law. If any Wise Wireless Equipment is stolen or otherwise removed from Subscriber’s premises without Subscriber’s authorization, Subscriber must notify Wise Wireless immediately, or Subscriber may be liable for payment for unauthorized use of Subscriber’s Wise Wireless system. Subscriber will not be liable for such unauthorized use after Wise Wireless has received Subscriber’s notification.

 

5. MODIFICATIONS; RIGHTS OF TERMINATION OR SUSPENSION

5.1. MODIFICATION OF THIS SERVICE AGREEMENT; NOTICES – At any time following delivery of effective notice, published by Wise Wireless via Subscriber’s designated email address, Wise Wireless may modify this Service Agreement, including, without limitation, pricing and billing terms. Subscriber is required to ensure Wise Wireless possesses a valid email address for Subscriber at all times for notice purposes. In the event Subscriber does not agree to such modifications, then Subscriber must terminate the subscription and stop using the Wise Wireless Service prior to the effective date of such modifications, which will be stated clearly in the Company’s notice to Subscriber. Wise Wireless will comply with applicable state and federal notice requirements and, in all cases, will provide a minimum of ten (10) calendar days’ notice of any modifications. Subscriber understands, acknowledges and agrees that Subscriber’s continued use of the Wise Wireless Service after the effective date of such modifications constitutes Subscriber’s acceptance of same.

5.2. MODIFICATION OF THE WISE WIRELESS SERVICE – Wise Wireless may also discontinue, add to or revise any or all aspects of the Wise Wireless Service, including access to support services, publications and any other products or services ancillary to the Wise Wireless Service. Wise Wireless may, among other things, (a) subject to Wise Wireless’s Privacy Policy, make available to third parties information relating to Wise Wireless or its subscribers, (b) withdraw, change, suspend or discontinue any functionality or feature of the Wise Wireless Service, and (c) limit access to the Wise Wireless Service to prevent abusive consumption and ensure fair access for all subscribers.

 

6. TERMINATION OF SERVICE AGREEMENT BY SUBSCRIBER

6.1. Subscriber Termination In the event that Wise Wireless modifies this Service Agreement, Subscriber may immediately terminate Subscriber’s account and this Service Agreement, without liability for payment of any termination charges, by notifying Wise Wireless via email at Lionel@WiseWirelessinternet.comwithin ten (10) calendar days of the date of the email notice. Subject to Subscriber’s payment of the termination charges herein described, Subscriber may also do so at any other time, for any reason or for no reason, upon thirty (30) days notice to Wise Wireless via Lionel@WiseWirelessinternet.com. Subscriber must terminate this Service Agreement in accordance with the terms and conditions specified herein. Failure to do so may delay or prevent Wise Wireless from knowing that a termination was intended. Subscriber will continue to be liable under this Service Agreement for all fees and charges until such time as this Service Agreement has been properly terminated.

 

7. TERMINATION OR SUSPENSION OF SERVICE AGREEMENT BY WISE WIRELESS

7.1. Subscriber understands, acknowledges and agrees that the Services and all Service features are subject to availability on an ongoing basis. Subscriber further understands acknowledges and agrees that Wise Wireless may cease to offer the Service or any Service feature at any time, for any reason or no reason, and without advance notice to Subscriber.

7.2. Without limiting the generality of the foregoing, Wise Wireless may also suspend, disconnect or terminate the Service at any time without prior notice if Wise Wireless believes in its sole discretion that Subscriber has (i) failed to pay Subscriber’s invoice when due; (ii) threatened or harassed or is reasonably believed to have threatened any Wise Wireless employee, Operational Service Provider, agent, representative or vendor; or (iii) violated or is believed to have violated any other provision of this Service Agreement.

7.3. In the event that Wise Wireless either terminates or suspends Subscriber’s account or this Service Agreement for reasons other than the event of a dangerous condition or violation of this Service Agreement by the Subscriber or any user of Subscriber’s account, then Wise Wireless shall provide Subscriber a minimum of fourteen (14) days’ notice, or other period of notice as required by any applicable state, federal or international statute, regulation, rule, policy or treaty (“Applicable Law”), of such termination or suspension. Except as prohibited by Applicable Law, Wise Wireless may immediately and without prior notice, terminate Subscriber’s account and this Service Agreement in the event of a dangerous condition or a violation this Service Agreement by Subscriber or any user of Subscriber’s account.

 

Part II — PAYMENT

8. FEES AND PAYMENT

8.1. Subscriber agrees to pay, in accordance with the provisions of the monthly rate plan Subscriber has selected and set forth in the COS or SLA, any registration, activation or monthly fees, connect time charges, ISP service charges, minimum charges and other amounts charged to or incurred by Subscriber, or by users of Subscriber’s account, at the rates in effect for the billing period in which those amounts are charged or incurred. Subscriber agrees to pay all applicable taxes related to use of the Wise Wireless Service by Subscriber or other users of Subscriber’s account. Information on charges and surcharges (if any) that are to be paid to Wise Wireless and are incurred by Subscriber or by other users of Subscriber’s account will be made available to Subscriber on the Wise Wireless website, and Subscriber agrees that this is sufficient notice for all purposes as to charges incurred, paid or to be paid to Wise Wireless. Wise Wireless reserves the right to increase fees, surcharges, monthly subscription fees or to institute new fees at any time following delivery of effective notice. Unless required by Applicable Law, Subscriber understands, acknowledges and agrees that Subscriber may not receive a paper bill in the mail for Subscriber’s Service; a digital or electronic bill will be sent. Additional terms relating to pricing, billing and payment, which are an integral part of this Service Agreement, are set forth in the COS or SLA, and are incorporated herein by reference.

8.2. Notwithstanding any termination or suspension of this Service Agreement, any portion of Subscriber's account, or any suspension or termination of access to or use of the Services, Subscriber will remain responsible for any obligations accrued up to the date of such action(s), including payment of any charges that may be due as a result of or in connection with such action(s). Subscriber’s payment and other obligations under this Service Agreement are not suspended or affected by a suspension of access to or use of the Service, in whole or in part, due to a violation (actual, threatened or credibly alleged) of this Service Agreement or of any law or legal obligation, whether by Subscriber or any user of Subscriber’s account related to the Service.

8.3. PAYMENT

8.3.1. Payment of the outstanding balance is due in full each month. Statements are issued every thirty (30) days from the date Subscriber’s Service started and reflect receipt by such date of any payments submitted by Subscriber and any amounts received on behalf of Subscriber as a result of Wise Wireless’s submission of charges against Subscriber’s identified credit card or bank account, as applicable. If Subscriber’s entire amount of payment (except for amounts that are the subject of a validly submitted dispute) is not received by Wise Wireless within seven (7) days following the due date, Wise Wireless will assess, as a “Late Payment Fee,” the lesser of five dollars ($5.00 U.S.) or the maximum amount permitted by Applicable Law. Wise Wireless may also assign unpaid late balances to a collection agency for appropriate action. Wise Wireless will charge Subscriber a twenty-five dollar $25 (U.S.) “ACH/Insufficient Funds Fee” for any check or other instrument tendered to the Company by Subscriber and returned unpaid by a financial institution for any reason. Furthermore, if within thirty (30) calendar days of a monthly statement presenting an amount due, Wise Wireless does not receive full payment of the amount due from Subscriber (or Wise Wireless has not agreed to alternative payment arrangements for Subscriber), Wise Wireless has the right to suspend or terminate Subscriber’s subscription to the Wise Wireless Service. Wise Wireless will make at least three (3) attempts to collect overdue payments from Subscriber prior to any such termination or suspension. Wise Wireless’s attempts can include both phone calls, text messages and/or email correspondence.

8.3.2. Except where additional methods of payment are specifically required to be accepted under Applicable Law or as otherwise agreed to by Wise Wireless from time to time, Subscriber understands, acknowledges and agrees that Subscriber will provide a major credit or charge card (e.g., MasterCard, Visa, or Discover) or ACH bank authorization that Wise Wireless may charge for all fees or other amounts payable under this Service Agreement. Additionally, Subscriber agrees that Wise Wireless may pre-charge Subscriber’s monthly fee to the credit or charge card or bank account supplied by Subscriber during activation or subscription or as subsequently updated. With respect to such charges, the following authorization applies: Subscriber authorizes automatic credit or charge card billing by Wise Wireless. Subscriber agrees that the charges described above will be billed to the credit or charge card that Subscriber provided when Subscriber applied for the Wise Wireless Service or as subsequently updated. Subscriber must provide current, complete and accurate information for Subscriber’s billing account. Subscriber must promptly update all information in order to keep Subscriber’s account current, complete and accurate (such as a change in email address, billing address, credit card number, expiration date, or security code). If Subscriber fails to provide Wise Wireless with any of the foregoing information, Subscriber agrees that Wise Wireless may continue billing Subscriber, using the most recently provided contact and billing information for any Service provided under Subscriber’s account, and Subscriber will be required to provide updated payment information and pay the applicable Late Payment Fees for any payments that become overdue as a result of unprocessed charges. Subscriber agrees that Wise Wireless will not be responsible for any expenses that Subscriber may incur resulting from overdrawing Subscriber’s bank account or exceeding Subscriber’s credit limit as a result of an automatic charge made under this Service Agreement.

8.3.3. Subscriber understands, acknowledges, and agrees that all charges are considered valid unless disputed in writing via Lionel@WiseWirelessinternet.com, as provided herein, within thirty (30) days of the date of Subscriber’s credit or charge card bill, unless a longer period of time is required by Applicable Law. If Subscriber thinks a charge is incorrect or Subscriber needs more information, Subscriber must contact Wise Wireless’s billing department. Wise Wireless will email Subscriber a statement for each billing cycle showing payments, credit purchases and other charges. Wise Wireless’s 30-Day Money Back Guarantee for customers that are not satisfied with the performance of their subscription(s) service(s) will have 30 calendar days from the date of activation to notify Wise Wireless for a de-installation appointment and return of equipment. 

Once Wise Wireless completes the de-installation and removal of equipment, we will notify the subscriber regarding the status of the refund. Wise Wireless will initiate a refund to the subscriber’s credit card (or original method of payment). Subscriber will receive the credit within 30 days, depending on Subscriber's card issuer’s policies. The refund consists of full credit of billed subscription services exclusively and does not include credits for one-time installation costs. If we are unable to gain access to the installed address and equipment, shipping of the premise equipment will become the subscriber’s responsibility. Subscriber will be responsible for paying all shipping costs for returning the premise equipment. Shipping costs are nonrefundable. If the subscriber receives a refund, the cost of return shipping will be deducted from the subscriber’s refund. To initiate this refund process subscriber may contact Wise Wireless at 254-466-6075 or email billing at Lionel@WiseWirelessinternet.com.

8.3.4. Wise Wireless may, but is not required to, accept partial payments from Subscriber. If partial payments are made, they will be applied to monthly statements starting with the oldest outstanding statement. If Subscriber sends Wise Wireless checks or money orders marked “payment in full,” or otherwise labeled with restrictive endorsements, SUBSCRIBER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT WISE WIRELESS CAN, BUT IS NOT REQUIRED TO ACCEPT A CHECK, MONEY ORDER OR ANY SUCH RESTRICTIVE ENDORSEMENT AND THAT UNDER NO CIRCUMSTANCES WILL ACCEPTANCE OF SUCH PAYMENT INSTRUMENTS BY WISE WIRELESS CAUSE THE COMPANY TO LOSE OR WAIVE ITS RIGHTS TO COLLECT ALL AMOUNTS OWED BY SUBSCRIBER UNDER THIS SERVICE AGREEMENT.

8.3.5. In the case of late payment or non-payment for any of the Wise Wireless Services ordered by Subscriber or any of the charges stated herein, Subscriber understands and agrees that Wise Wireless may report such late payment or non-payment to the appropriate credit reporting agencies. If Wise Wireless chooses to use a collection agency or attorney to collect money that Subscriber owes Wise Wireless, or to assert any other right which Wise Wireless may have against Subscriber, Subscriber agrees to pay the reasonable costs of collection or other action including, but not limited to, the costs of a collection agency, reasonable attorney’s fees and court costs, insofar as permitted by applicable law.

8.3.6. If Subscriber’s Services are suspended or terminated for any reason, including at Subscriber’s request or because of Subscriber’s failure to pay past due amounts, then in order to reactivate the service, Subscriber agrees to pay a “Reconnection Fee” in accordance with Wise Wireless’s then-current rates. In addition, Subscriber must bring Subscriber’s account up to date by making payment in full of any outstanding balance, fees and charges. Subscriber will also be required to pay the current monthly bill in order to reactivate Subscriber’s account.

8.3.7. If the Wise Wireless Equipment is missing, has been disconnected or needs to be replaced, Subscriber agrees to pay an additional “Equipment Re-installation Fee” in accordance with Wise Wireless’s then-current rates.

8.3.8. The Services are provided using the public Internet domain. Therefore, the Services cannot be solely controlled by Wise Wireless. Outages in service should be expected and are considered unavoidable. Individual, continuous service disruptions of seven (7) days or less will not be subject credit from Wise Wireless to Subscriber. Outages exceeding seven (7) days may be credited to Subscriber on a prorated basis per day for each full day of outage beyond the first seven (7) days. Any credits issued will correspond directly to the charges from Wise Wireless directly to Subscriber for the current month. Credits will not be issued to Subscriber at any time, or under any circumstances, for Services services not paid for directly by Subscriber to Wise Wireless, including, but not limited to, all provisioned service plans.

8.3.9. User understands and agrees that Wise Wireless will charge up to _____ dollars ($_____ U.S.) per hour for technical support time related to resolving User issues.

PART III — PERMITTED USE AND RESTRICTIONS ON USE

9. SOFTWARE LICENSE

9.1. Subject to the terms of this Service Agreement, Wise Wireless grants to Subscriber a personal, non-exclusive, non-assignable, non-transferable and revocable license to use and display the software provided by or on behalf of Wise Wireless (“Software”) only for purposes of accessing the Services on any machine(s) on which Subscriber is the primary user or which Subscriber authorizes for use by others. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by Wise Wireless or its third party licensors/Operational Service Providers. Unauthorized copying of the Software, including software that has been modified, merged or included with the Software, or the written materials associated therewith is expressly forbidden. Subscriber may not sublicense, assign or transfer this license or the Software, except as permitted by Wise Wireless. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this license is void.

9.2. Subscriber may not copy, de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party, or allow, encourage or solicit others to do the same. Subscriber may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. Subscriber is not granted any title or rights of ownership in the Software. Subscriber acknowledges that this license is not a sale of intellectual property and that Wise Wireless or its third party licensors/Operational Service Providers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades to it. The Software may be used in the United States only, and any export of the Software is strictly prohibited.

10. ACCEPTABLE USE POLICY

General Policy: The Services and Wise Wireless Equipment may not be used for any unlawful, fraudulent, harassing, threatening, libelous, deceptive, or abusive purpose, or use that is invasive of another’s privacy or other rights, or otherwise objectionable in Wise Wireless’s sole discretion. By requesting the Services, Subscriber understand, acknowledge and agree that Subscriber will not use, or allow, encourage, or solicit others to use the Services and Wise Wireless Equipment in any manner that prohibited by any policy applicable to the Services or this Service Agreement. Wise Wireless reserves the right, without notice or limitation, to restrict, limit, deny, terminate, modify, disconnect, or suspend Service if any individual uses the Services for any unlawful or prohibited purpose, or if Wise Wireless determines, on a case-by-case basis, that action is necessary to protect Wise Wireless, the Wise Wireless Network, Wise Wireless Equipment, Services, or other subscribers using the Services from liability, harm, or degradation resulting from such unlawful and/or prohibited uses. Wise Wireless reserves the right to filter, restrict, block or remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of any policy applicable to the Services or this Service Agreement, regardless of whether the information or materials, or their dissemination, is unlawful. Wise Wireless does not have any obligation to monitor transmissions or postings (including, but not limited to, email, file transfer, blog, newsgroup and instant message transmissions) made on the Services. Subscriber acknowledges, understands and agrees that Wise Wireless has the right, however, to monitor transmissions and postings for unlawful and prohibited uses of the Service.

10.1 PERMITTED USES – Standardized Services for residential Subscribers are for personal, non-commercial uses only, unless otherwise specifically authorized by Wise Wireless in writing. Such personal uses include web surfing, sending and receiving email, photographs and other similar messaging activities and the non-continuous streaming of videos, downloading files or online gaming. Residential VoIP Service is provided only for live dialogue between, and initiated by, individuals for personal use. Permitted uses for Business Subscribers of Services are much broader and include commercial use by employees, visitors, patrons, Operational Service Providers, contractors and vendors.

Please see the customized SLA for permitted uses of Services.

10.2. UNLAWFUL AND PROHIBITED USES – Unlawful and prohibited uses of the Services include, but are not limited to:

10.2.1. Transmitting or facilitating any unsolicited or unauthorized advertising, telemarketing, promotional materials, “junk mail,” unsolicited commercial or bulk email, or faxes not in compliance with the federal CAN-SPAM Act.

10.2.2. Transmission of recorded material or broadcast transmissions.

10.2.3. Using voice services for monitoring services, operating a call center or conference line, extensive call forwarding, autodialed calls or other connections that do not consist of uninterrupted live dialogue between individuals.

10.2.4. Reselling, redistributing, re-provisioning, retransmitting, renting or otherwise allowing third parties, other than household residents and guests, to use the Services, in whole or in part, by wired, wireless or other means, regardless of whether a fee is charged.

10.2.5. Accessing, altering or destroying any other person or entity’s computer or computer system, network, software or data without their knowledge and consent; breaching, circumventing or probing user authentication or security of any user, host, network, network element, account or system; or attempting any of the foregoing.

10.2.6. Impersonating any person or entity, creating a false identity, or otherwise misrepresenting Subscriber's identity or affiliation with any person or entity.

10.2.7. Forging, falsifying, altering, removing, obscuring or engaging in unauthorized use of message headers, IP addresses, network MAC addresses, digital or manual signatures, sender addresses, domain names, uniform resource locators (“URLs”) or use of other techniques to disguise or obscure the origin of any communication or transmission using the Services, or attempting any of the foregoing.

10.2.8. Engaging in activities that adversely affect the ability of other people or entities to use or enjoy the Services or other parties’ Internet-based services, including, but not limited to “denial of service” (“DoS”) attacks against another network host or individual user, such as “flooding” of networks, deliberate attempts to overload a service and attempts to “crash” a host; intercepting, interfering with, redirecting or disrupting email or other transmissions sent by or to others by using automated or manual routines, such as “auto-responders,” cancel bots or other similar routines; using, distributing or making available viruses, worms or Trojan horses, or other harmful code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

10.2.9. Impairing the Service by, for example, placing abnormally high numbers of calls, sending or receiving very high numbers of messages, or repeatedly making calls of abnormally long duration compared with other Wise Wireless Subscribers.

10.2.10. Generating excessive levels of Internet traffic given the type of Subscriber (residential or non-residential subscriber) and type of service through continuous, unattended streaming, downloading or uploading of videos, music or other files; through continuous active network connections to the Internet (such as through a web camera or machine-to-machine connections that do not involve active participation by a person; or by operating hosting services including, but not limited to, web or game hosting).

10.2.11. Engaging in conduct, or the transmission, distribution or publication of material that is, in the reasonable judgment of Wise Wireless, defamatory, libelous, harassing, threatening, abusive, indecent, obscene, deceptive, illegal, sexually explicit, cruel or racist, or which espouses, promotes or incites bigotry, hatred or racism, or which in any way constitutes or encourages conduct that would constitute a criminal offense or give rise to a civil liability.

10.2.12. Uploading, transmitting, receiving, displaying, printing, forwarding or otherwise disseminating material, content, communication, information or software which is protected by patent, copyright, trademark, rights of privacy, or other proprietary rights without first obtaining any necessary permission of the owner of such rights. Furthermore, Subscriber understands and acknowledges that Wise Wireless will not, and has no responsibility to, prevent Subscriber from violating any copyright or privacy laws.

10.2.13. Utilizing the Services to commit a crime, or to plan, encourage, aid, abet, help or assist others to commit a crime or otherwise violate any local, state, national or international law, including without limitation, any federal or state securities laws or export control laws.

10.2.14. Utilizing the Services in such a manner so as to violate the terms and conditions, operating rules or security requirements of any other computer network or interactive service.

10.2.15. Utilizing the Services to create sessions to peer-to-peer file sharing services for exchange of materials protected or potentially protected by copyright or trademark protection, or otherwise protected and proprietary and not subject to public distribution without the owners written consent.

10.2.16. Engaging in conduct that is fraudulent, including advancing any type of scam such as “pyramid schemes,” “Ponzi schemes,” “contests,” or “chain letters.”

10.2.17. Violating Applicable Law, terms of service or policies applicable to any network, server, computer database, service, software, application, system, or website that Subscriber access or use.

10.2.18 Using the Services to download, transmit, disseminate, or publish child pornography or solicit sex with minors.

10.2.19. Using or attempting to use the Services in any manner designed to avoid incurring charges or otherwise avoid being required to pay for such usage.

11. WISE WIRELESS COPYRIGHT INFRINGEMENT & DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE

General Policy: Wise Wireless respects the intellectual property rights of others. Subscriber is 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, proprietary or publicity rights, or other right of any party unless Subscriber owns or controls the rights thereto or have received all necessary consent to do the same. This prohibition includes the use of any material or information that are made available through the Services. Wise Wireless assumes no responsibility, and Subscriber assumes all risks, regarding the determination of whether material is in the public domain or may otherwise be used by Subscriber for such purposes.

Repeat Infringer Policy: In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), Wise Wireless’s policy is to terminate, in appropriate circumstances, the Service access of any Subscriber or account holder who is a repeat infringer. The Subscriber will be designated a repeat infringer if they have violated or has been alleged to have violated the General Policy in this Section 11 three (3) times over a period of six (6) months, or if the Subscriber has continued multiple offenses over a longer period of time.

“Three Strike” Enforcement Process: Wise Wireless maintains a graduated “Three Strike” enforcement process for its Repeat Infringer Policy. If Subscriber is found in violation or is alleged to have violated the General Policy in this Section 11, Subscriber will be subject to the following:

(1) First Offense – An infringement case will be created, Subscriber will be notified of the complaint/offense via email and Subscriber will be forwarded copies of the DMCA takedown notice received by the Company and Wise Wireless’s DMCA Notice.

(2) Second Offense – For a second offense, Subscriber will be issued the same notices as provided for a first offense. In addition, Subscriber will be notified of the complaint/offense via phone and will be required to acknowledge the complaint/ offense via phone within five (5) business days or alternatively, file a counter-notification under penalty of perjury as provided by the DMCA, or face suspension of service.

(3) Third Offense – Subscriber’s Wise Wireless Service will be terminated without advance notice, unless the Subscriber files a counter-notification under penalty of perjury as provided by the DMCA.

Any Subscriber communications in response to Company corresponde