Wireless Internet Terms & Conditions Of Agreement

ACCEPTANCE

This Service Agreement (Agreement) is between Magnifi Broadband and Subscriber (as indicated) and sets forth the terms and conditions under which Service is provided and by which Subscriber agrees to use and Magnifi Broadband agrees to provide the Service. Acceptance of this Agreement occurs upon signing this Agreement and use of the Service. Subscriber is required to abide by Magnifi’s Acceptable Usage Policy (AUP) as published to https://www.Magnifi Broadband.net/legal/acceptable-use-policy/. A written copy of Magnifi’s AUP will also be provided upon request. Updates to this policy will be done, on occasion, and posted to the URL without prior notification. Continued use of the Service constitutes acceptance of such changes. Magnifi Broadband reserves the right to change the rates and otherwise modify this agreement upon 15 days notice to you. Use of your Magnifi Broadband account after the effective date constitutes acceptance of the new terms and conditions.

LEGAL COMPLIANCE

Magnifi Broadband accounts may only be used for lawful purposes. Transmission of any material in violation of any U.S. or State regulation is prohibited. The subscriber agrees to indemnify and hold harmless Magnifi Broadband from any claims resulting from use of the Internet service, which damages you or another party. MAGNIFI BROADBAND or other relevant authorities may determine inappropriate usage of this account, and the privilege or usage may be revoked at Magnifi’s discretion. Should permanent disconnection or account termination occur due to inappropriate usage, Subscriber will be informed in writing. The acquisition, transfer, or distribution of any content in violation of copyright laws is expressly prohibited, as is storing such content on any device attached to Magnifi’s network. Such content includes, but is not limited to, copyrighted music and movie files and software programs.

WARRANTY

Magnifi Broadband makes no warranties of any kind, whether expressed or implied, for the service it is providing. Magnifi broadband disclaims any warranty of merchantability or fitness for a particular purpose. Magnifi Broadband will not be responsible for any damages you might suffer. This includes loss of data resulting from delays, non-deliveries, mis deliveries, virus transmission, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via Magnifi Broadband is at your own risk. Magnifi Broadband specifically denies any responsibility for the accuracy or quality of information obtained through its network. Magnifi Broadband makes no guarantees regarding speed, as actual speeds vary due to factors beyond Magnifi’s control, including, but not limited to, sync rates, network requirements, customer location, web sites accessed, internet traffic, and customer equipment and configuration. Bandwidth is provided on a per- account, not a per-device basis.

AUTHORIZED USE

Service provided is consumer service and not intended for commercial uses. Service may not be resold, used for high volume purposes, such as running servers for mail, HTTP, FTP, IRC, DHCP, peer-to-peer file sharing, or multi-user interactive forums or engage in similar activities that constitute commercial use. If such services are provided without the express permission of Magnifi Broadband, Subscriber’s account will be suspended until both parties reach written resolution. Subscriber is responsible for any and all use of Service and account, whether by yourself or someone using your account with or without permission. The subscriber agrees to comply with all applicable laws, regulations, and rules regarding use of the Service. Subscriber’s activity must not improperly restrict, inhibit, or degrade any other use of the service nor represent (at Magnifi’s discretion) an unusually large burden on the network. Subscriber must also ensure that activities do not improperly restrict, inhibit, disrupt, degrade, or impede Magnifi’s ability to deliver service and monitor the service, backbone, or other network services. Subscriber may not change any assigned IP addresses nor the hardware (MAC) address on any device connected to the network. Subscriber may not statically assign an IP address if configured for dynamic address assignment (DHCP). Repeated or blatant violations of this constitute grounds for immediate service termination.

Security

Subscribers are advised that when accessing the Internet or any other online network or service, there are certain transfer protocols, such as ftp and http, and peer-to-peer networking programs which may allow others to gain access to your computer. Neither or its underlying providers shall have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings resulting from, arising out of, or otherwise relating to the use of such transfer protocols by you, including damages resulting from others accessing your computer. Subscriber is expected to take reasonable measures and precautions to prevent any computer or device attached to Magnifi’s networks from vulnerability to exploit and abuse, including, but not limited to: keeping current on operating system and application patches and updates; disabling unnecessary network services and securing necessary ones; using virus scanning software wherever applicable (eg. every Microsoft operating system) and keeping virus scan signatures updated regularly; installing firewalls (firewall appliances and applications); and properly securing wireless access points. Failure to secure machines in a reasonable and timely manner may result in disconnection from Magnifi’s network temporarily or permanently. While these minimal precautions are required of all, if Subscriber has a particular stake or legal obligation to protect the information and security of data, then you are encouraged to take additional measures accordingly.

Email Use

This service may not be used to send bulk unsolicited messages. This includes, but is not limited to, bulk mailing of commercial advertising, announcements, petitions, and political or religious messages. Such messages may only be sent to those who have explicitly requested such messages. The service may not be used to send chain letters, junk mail, spam, or messages to any individual who has indicated they did not want to receive such messages. Continuing to send email messages to anyone who has requested not to receive such email is considered to be harassment. Magnifi Broadband is not responsible for forwarding email sent to any account that has been suspended or terminated. Such email will be returned to the sender, ignored, deleted, or stored temporarily. MAGNIFI assumes no responsibility for the timeliness, mis-delivery, deletion, or failure to store instant messages.

Maximum Email Recipients

There is a maximum of 250 recipients for email sent through mail.Magnifi.net; if it is necessary to send a message to more recipients than the maximum allowable, configure the email program to send multiple messages or build mail lists.

Maximum Email Message Size

There is a maximum message size of 10240000 bytes (roughly 10MB) on mail.Magnifi.net. If Subscriber has a need to transfer files at or above this limit, the file will need to be sent in multiple parts or use other methods of file transfer (eg. ftp, post to a webpage, use an irc/instant messaging client with file transfer capability, or a peer-to-peer file transfer program). With MIME or base64 encoding this allows just under a 7.5 MB file to be sent, provided the recipient can receive it.

Email Blacklists

Magnifi employs several blacklists to help reduce spam and block network abusers, as well as maintaining a local blacklist. Should Subscriber be placed on MAGNIFI’s own blacklists, Magnifi will offer reasonable assistance and remove such blacklist entry upon request if remedial action has been demonstrated. Magnifi does not maintain many of the blacklists it employs and makes no exemptions for those listed on them; the lists’ respective removal instructions must be followed to effect delisting. Should Subscriber become aware that they have been placed on a blacklist due to action or neglect, Subscriber is required to make every reasonable effort to remediate the cause and procure list removal.

Eavesdropping

The risk of “eavesdropping” exists on the Internet and other services to which access is provided on any type of connection, but there is a susceptibility to eavesdropping on wireless networks due to the transmission media. This means other persons may be able to access and/or monitor your computer, data, transmissions, and receptions. Because of this risk, any sensitive or confidential information sent by Subscriber is sent at their sole risk and neither Magnifi nor its underlying providers shall have any liability for any claims, losses, actions, damages, suits, or proceedings arising out of such actions. The subscriber is encouraged to employ encryption and other technologies appropriate to protect sensitive information such as passwords, account numbers, credit card numbers and any confidential data.

Account Changes

You must notify Magnifi of any changes in your account information, including billing address or telephone number in writing, including cancellation.

Billing

Magnifi processes billing on the 25^th of each month. All bills are due on or before the 15^th of the month. Any account not paid for by the 16^th of the month is subject to disruption of service without notice. If an account is suspended, the entire balance must be paid before service is restored and a $25 reconnection fee will be imposed. Checks returned for nonsufficient funds will incur an additional fee of $20.00 and service will be disabled until payment is made to the collection company. In the event the undersigned defaults in payment and your account are turned to a collection agency, I agree to pay collection costs for collection of accounts without resort to legal action is 35%, and collection of accounts which require legal action is 5o%, and reasonable attorney fees. This is without exception.

Installation

As part of the installation, system files on your computer will be modified. Neither Magnifi nor its providers represent that such modifications will not disrupt the normal operations of Subscriber’s computer. Magnifi strongly recommends that all files are backed up prior to installation of the service. If Subscriber does not back up existing computer files, then it is understood that you accept the associated risks of such a decision such as loss of files, software, hardware, or data. Magnifi is not responsible for any loss of data or hardware failure that might occur but will make a reasonable attempt to correct any such occurrence. Subscriber warrants that unless Magnifi is notified otherwise, Subscriber is the owner of the property in which the telecommunications equipment is being installed. Subscriber permits Magnifi, its employees or subcontractors, to make whatever alterations deemed appropriate for work being performed which may include, but are not limited to, drilling holes in exterior walls for cable runs and installing roof-mounted and/or wall mounted equipment for subscriber’s use for telecommunications services as provided by Magnifi. Subscriber agrees to indemnify and hold Magnifi harmless from and against any damage, loss, or expense of any nature, whatsoever caused or claimed to be caused by the installation of equipment, service work performed thereafter, or as a result of Subscriber’s failure to obtain proper consent of the owner of the premises.

Technical Support

Magnifi provides free technical support for Subscriber’s internet connection to the main computer or device (typically, a workgroup bridge or bullet) as part of its service. Free technical support does not cover any networked or peripheral devices attached to the internet connection, nor issues with operating system or any other software. Magnifi reserves the right to discontinue internet technical support for any operating system, features or functionality at any time, including operating systems no longer supported by the manufacturer, for any reason without prior notice to Subscriber. Should the Internet connection stop working or not work consistently, a technician should be contacted via phone at 970-522-8107.

These terms and conditions reflect the entire agreement of the parties and supersede all prior oral and written agreements and understandings of the parties. These terms and conditions shall be governed and interpreted in accordance with the laws of the State of Colorado and the United States of America. Terms and conditions may be revised at any time without prior notification from Magnifi and your continued use of the service precludes Subscriber’s acceptance of the revised terms. The undersigned hereby agrees to abide by the conditions as stated in this agreement. This guarantee shall be a continuing guarantee of all such future credits given by the licensee. All accounts must be paid to zero balance prior to termination of this guarantee. In the event any action is required to be brought to enforce any provision of this agreement, the prevailing party shall be entitled to recover attorney’s fees that such party has incurred in connection with such action and interest at the prevailing legal limit.

CONTRACT TERM

This service agreement is for twelve (12) months from the date of installation. After the initial terms of service have been completed, this agreement shall continue on a month-to-month basis without further notification. Service can be discontinued after 12 months without penalty by furnishing Magnifi with 30-day written notification.

Magnifi Broadband Wireless Warranty

Thank you for choosing Magnifi Broadband as your wireless Internet provider. We provide our customers with a one-year warranty on equipment. Should you encounter issues with the installation or service, please notify us immediately at 970-522-8107. We will attempt to resolve connection issues over the phone.

Your warranty covers the following:

• Replacement of cable, antennae, Ubiquiti/Calix equipment against electronic malfunctions
• Antenna realignment
• Ubiquiti equipment reprogramming
• Consistent Internet connection to your main connection

If you would like to extend this warranty, 30 days prior to your annual anniversary, contact the Magnifi office at 970-522-8107 to let us know. Cost to extend the warranty is $4.99 per month and will provide the same coverage.

Not covered by warranty:

• Networking services or equipment
• Obvious damage or abuse
• Damage from any acts of God
• Non-connection issues due to software (such as antivirus, spyware, adware, virus, or any other malware or computer updates)
• Computer hardware issues or upgrades
• Labor

Should your warranty lapse and you decide at a later date that you would like to re-activate your warranty coverage, you may do so at any time. Coverage must be in effect for a minimum of 30 days before any claims can be made and must remain in effect for at least 90 days after any claims are made. If coverage is dropped prior to the minimum coverage time, then then retail cost of any claims will be made to your account.