Wonderwave Internet



		Wireless Internet (Broadband) Subscriber Agreement Wonderwave Internet 3204 Hillside Dr. Wonder Lake, IL 60097 815-653-7873 This Agreement between Wonderwave.net, Inc. located at 3204 Hillside Drive, Wonder Lake, IL 60097 (hereinafter called “Wonderwave” and <FName> <LName>, of <Company>, (hereinafter called “Subscriber”) shall be effective on the completion of connection and shall remain in effect for a period of 12 months. Provision of Services: Wonderwave will provide services on its computing and network systems and also provide the installation of necessary equipment (radio, cable, lightning protection, antennas & standard mounting equipment) to Subscribers in exchange for payment of fees and compliance with terms and conditions of this agreement. Wonderwave’s services are defined as the use, by Subscriber, of computing, telecommunications, USENET newsgroups and information services provided by Wonderwave and access to computing, telecommunications, software, and information services provided by others via the Global Internet. Payment of fees: * Based on a 12 mo. contract, includes equipment rental, install fees are extra Installation fees: check any that apply ( ) Standard Residential: Standard antenna mount, antenna, cable, Ethernet wireless client, pigtail, and labor. Free Install promotion requires $100.00 equipment deposit ( ) Standard Business: Standard antenna mount, antenna, cable, Ethernet wireless client, pigtail, and labor $500.00 ( ) Ethernet Upgrade: $100 ( ) Antenna Upgrade: $50 ( ) Lightning Arrestor: $80 ( ) 10' Tripod & Mast: $65 ( ) 19' Guyed Mast: $110 ( ) 36' Guyed Mast: $150 ( ) Amplifier: $200 Payment Policies & Terms: Subscriber shall be billed on their “Expiration Date” of each month in advance. Payment by Subscriber shall be due to Wonderwave within fifteen (15) days from the date of the invoice. A thirty dollar ($30.00) late payment fee shall be assessed on any account not paid within fifteen (15) days of invoice. Accounts remaining unpaid for thirty (30) or more days shall be deemed delinquent. Delinquent accounts shall accrue interest at 1.5% per month on all outstanding principle amounts until paid in full. For any subscriber account that has been placed on suspended service there shall be due a Fifty Dollar ($50.00) reconnection charge to reactivate Subscribers services. Account termination: Subscriber may terminate this Agreement by submitting a written request for termination (email, fax, or U.S. Mail) to Wonderwave at the address listed in this agreement. Requests received by Wonderwave prior to close of business on the twenty-fifth day of the month shall have a termination date of the first day of the month following the receipt of the termination request. Termination requests received by Wonderwave after the close of business on the twenty-fifth day of the month through the end of that month shall have a termination date of the first day of the second month following the date of receipt. Any Agreement terminated under this provision shall be subject to a termination fee, which shall equal thirty percent (30%), of the remaining monthly fees due under this Agreement from the date of termination to the end of the Agreement term, or the remaining balance of the contract, or which ever is less. In the event of termination under this provision by a Subscriber all amounts remaining due and owing to Wonderwave including aforesaid termination fee, shall be due within thirty (30) days of termination. Accounts not paid within thirty (30) days of termination shall be deemed delinquent. Contracts will be automatically renewed if no notice of termination is received within 30 days. Additional Fees: In the event that special construction, or additional equipment including but not limited to, longer cable, additional grounding, higher tower or mast hardware, or specialized antennas, an additional fee will be required for said equipment and any additional labor not included in the standard install. Additional labor is billed at $100/hr. Equipment & Scope of work: All equipment, (radios, antennas & standard mounting equipment), except for equipment purchased and paid for in full by the subscriber, will at all times remain the property of Wonderwave. Subscriber may not sell, transfer, lease encumber or assign all or part of the equipment to any third party. Subscriber shall pay for the full retail cost of, or the repair or replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased encumbered or assigned equipment or part thereof, together with any costs incurred by Wonderwave in obtaining or attempting to obtain possession of any such equipment. On expiration or termination of this Agreement, Subscriber authorizes Wonderwave to retrieve from Subscribers premises equipment for appropriate disposition, that is owned by Wonderwave, Inc. Non Standard Connections: In the event of an aborted connection due to insufficient line of sight to an access point, Subscriber will receive a report of the connection options available. The report will include optional mounting configurations and their respective costs. Subscriber may at that time choose one of the available options or decline services. If the Subscriber declines services, Subscriber will be refunded all deposits made, less any equipment the Subscriber decides to retain. Expedited Connections: Expedited connections with four (4) business days or less will incur a Five Hundred Dollar ($500) expedite charge. Permitting & Landlord Approval: It is the Subscribers responsibility to obtain any required permits or to gain landlord approval for the placement of the antenna on the Subscribers building. Wonderwave may assist you or provide this service for you for an additional charge. landlord consents to the installation, maintenance, and removal of the equipment described herein and required by Subscriber to receive Wonderwave services. _____________________________________________________________ _________________ Authorized Signature for Landlord Date Standard Maintenance: Wonderwave’s connection point ends at the wireless radio or LAN jack on our router. Any trouble beyond our network or equipment is the full responsibility of the Subscriber and their subsequent Network Administrator or vendor. Standard maintenance is limited solely to Wonderwave’s network and backbone connectivity. If your connection ceases to function properly after it has been tested and shown to be working, but Wonderwave’s network is still functioning properly, a technician will be sent to troubleshoot during normal business hours (9 AM - 5 PM. Monday-Friday). If the problem is due to subscriber negligence, or any of those items listed in the “Not Covered by Maintenance Plan or Standard Maintenance Plan” section, standard hourly rates apply. Maintenance Plan: Subscriber has the option to select a desired response time and associated cost. Maintenance Plans available upon request. Not Covered by Maintenance Plan or Standard Maintenance Plan: Maintenance, repair or replacement of parts damaged or lost through catastrophe, accident, lightning, neglect, misuse, transportation, theft, fault or negligence of Subscriber or causes external to the wireless system, such as, but not limited to failure of, or faulty electrical power or air conditioning, operator error, or malfunction of Subscribers computer and/or peripheral equipment not installed by Wonderwave, or from any cause related to or other than the intended and ordinary use. Antenna re-aiming due to obstructions such as trees or buildings, or storm related damage. Any re-aiming of antennas, or reconstruction of tower/mast assemblies will be billed to the Subscribers at standard hourly rates. Warranties: All Wonderwave provided equipment, cables and antennas are covered for a period of no more than 1 year. If any part of the wireless equipment fails due to manufacture defect prior to one year, it will be replaced at no charge pending testing of said equipment. Use of Material: All content downloaded or uploaded using Wonderwave’s system shall remain the sole responsibility of the Subscriber. The Subscriber assumes all risks associated with material, including, but not limited to, copyright restrictions, trademark restrictions, service mark restrictions, confidentiality limitations, trade secrets, patent restrictions or any other intellectual property tangible or intangible rights associated with the material. Use of Services: Subscriber is expressly prohibited from reselling any services offered by Wonderwave under this agreement without the prior written consent of Wonderwave. Subscriber is prohibited from hosting any web site dedicated to the sale or dissemination of pornographic materials and/or containing content of a sexually explicit nature. Subscriber understands and agrees that this service may be utilized solely for lawful purposes and the use of this service in connection with or adjunct to any matter or thing which violates and foreign municipal, state, county, or federal state or regulation is expressly prohibited. Subscriber acknowledges that Wonderwave is a commercial entity. Subscriber agrees that its use of the services herein shall not infringe upon the use by other subscribers of Wonderwave or the wireless network. Subscriber is prohibited from sending unsolicited advertising or promotional materials to other Wonderwave or wireless network subscribers. Should Subscriber violate any provision of this section, Wonderwave, Inc. at its sole discretion may immediately suspend services to Subscriber and terminate this agreement. Wonderwave liability for termination of this Agreement under this provision shall be solely limited to a refund to Subscriber of any unearned prepaid service fees. Wonderwave shall not be liable for any incidental or consequential damages as a result of the termination of the Agreement under this provision. Only Business connections are allowed to use servers. Abuses of Services: Any use of the Wonderwave system that disrupts the normal use of the system for other Wonderwave Subscribers is considered to be abuse of services. The propagation of computer worms or viruses or the use of the network to make unauthorized entry to other computational, information, or communication devices or resources of others is a violation of this agreement. The use of Wonderwave’s services by Subscriber to modify, alter, reverse engineer, decompile disk, or disassemble any proprietary work in whatever form is a violation of this Agreement. The failure of any Subscriber running IPX to use an IP tunneling protocol is a violation of this Agreement. The broadcast of Routing Internet Protocol (RIP) by Subscriber is a violation of this Agreement. Any Subscriber deemed by Wonderwave to be in violation of this section is subject to immediate termination by Wonderwave. Termination under this section shall have no liability other then to refund any unearned prepaid service fees including direct, indirect, incidental or consequential damages. Any business account server causing abuse on the network will terminate this agreement. Indemnification/Release: Subscriber, its agent, successor and/or assigns expressly agree to indemnify and release Wonderwave, its affiliates, subcontractors, employees, agents, assigns or successors from any liability for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise related to Subscribers installation of, use of, or termination of Wonderwave’s services hereunder including but not limited to, Subscribers access to content uploaded or downloaded using Wonderwave’s services from any source or to any recipient. Subscriber further releases Wonderwave from any responsibility or liability related to the accuracy, quality for confidentiality of any information available by or through Wonderwave’s systems and/or the wireless network. Subscribers release of Wonderwave includes any actions or inaction by Wonderwave, which amount to negligence. Subscriber further agrees to indemnify and hold harmless Wonderwave Inc. from and against any and all claims actions causes of action, losses, or damages including attorney’s fees which in any way arise from Subscribers installation of, use of, termination of Wonderwave’s services herein. Disclaimer: Wonderwave assumes no responsibility for the content contained on the Internet or otherwise available through the wireless network. or from any source accessible via Wonderwave, Inc.’s services. Wonderwave discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the services provided by Wonderwave which may be offensive to some individuals, which may not be in compliance with local, state or federal laws, rules or regulations, Including, but not limited to pornographic, or otherwise inappropriate or sexually explicit or offensive content. Subscriber acknowledges to Wonderwave that it’s use of Wonderwave’s services to access information, content or other services is at it’s own risk. Governing Law and Venue: The laws of the State of Illinois shall govern the terms of this Agreement. The parties hereto stipulates and agree that the exclusive venue of all disputes concerning this Agreement shall be McHenry County, Illinois. Arbitration & Attorneys Fees: The Subscriber and Wonderwave agree that any controversy or claim between them arising out of or relating to this Agreement shall be settled exclusively by arbitration. The arbitration award shall be final and binding on both parties. Judgment upon such arbitration award may be entered in any court having jurisdiction. Subscriber and Wonderwave agree that should either party bring action for enforcement, interpretation or otherwise under this Agreement the prevailing party in such action shall be entitled to its attorney’s fees and costs including those incurred in any appeal. Entire Agreement: This Agreement constitutes the entire Agreement between the parties and no other representations or statements will be binding upon the parties. If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect. WonderWave.net may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies and agreements, at any time and in any manner. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT < CustNum> Company: <Company>, Name: <FName> <LName> Phone: <AreaCode> <Phone>, Fax: <Fax> email: <Login>@wonderwave.net URL: <Domain> < Street>, <City>, <State> <Zip>( ) Customer owns equipment, specify _____________________________________________ _____________________________________________________________________________ ( ) Wonderwave.net owns equipment, specify ________________________________________ _____________________________________________________________________________ SUBSCRIBER HAS READ AND AGREES TO THE TERMS OF SERVICE Client Signature: ________________________________________ Date: ____________________Wonderwave.Net, Inc. _____________________________________ Date: ____________________ (signed by an officer or authorized agent of said client)

© wonderwave.net