SNOWCLOUD SERVICES, L.L.C

TERMS OF SERVICE AND CONDITIONS FOR

THE SNOWCLOUD INTERNET SERVICE

SnowCloud Services, L.L.C. (forthwith referred to in this document as SCS) provides its Wireless Internet Service Provider (WISP) CUSTOMERS access to bandwidth through a wireless Internet connection, which we refer to as the “The SnowCloud”. The Terms of Service and Conditions are intended to provide protection for our CUSTOMERS and the internet to all CUSTOMERS. SCS may modify the Terms of Service and Conditions of this agreement at any time. The most current Terms of Service and Conditions, in effect, shall be those found on the SCS website at www.snowcloudservices.com. The prices for “The SnowCloud” are subject to change from time to time, with the most current prices, found on our website at www.snowcloudservices.com. SCS refers to any paying individual, organization or business using “The SnowCloud” as a CUSTOMER(S).

Providers such as ACS, AT&T or others, and that such providers are likewise indemnified.

IP ADDRESSES

You acknowledge that use of SCS SnowCloud Internet Services does not give you any ownership or other rights in any Internet/on-line addresses provided to you, including without limitation Internet Protocol (“IP”) addresses. We may modify or change these addresses at any time and will make reasonable efforts to contact impacted customers when such changes are made. Upon termination of your SnowCloud Internet Service, SCS reserves the right to permanently delete or remove any or all addresses associated with your SnowCloud Internet Service.

LAWFUL PURPOSES/CONTENT

SCS is not responsible for the content contained on the Internet or otherwise available through the SnowCloud Internet Service. SCS is not liable for any claims, losses, actions, damages, suits, or proceedings arising out of, or otherwise relating to, such content, including, but not limited to, content that is illegal violates third party property or other rights, or is offensive.

You may not use any SCS product or SnowCloud Internet Service for any unlawful purposes. You may not post or transmit through the SnowCloud Internet Service any material that violates or infringes in any way upon the rights of others, that is unlawful, gives rise to criminal or civil liability, that encourages conduct that would constitute a criminal offense, or otherwise violates any law. You may not post or transmit through the SnowCloud Internet Service any material that violates or infringes in any way upon any intellectual property rights including copyrights, patents, trademarks, trade secrets or other such proprietary rights.

Websites visited or data received through the SnowCloud Internet Service may contain viruses. It is your sole responsibility to take appropriate precautions to protect against damage to or destruction of hardware, software, files, and data. If a virus is found on any CUSTOMER equipment or in any communications sent or received through the SnowCloud Internet Service, SCS may, but is not required to, suspend or terminate the availability of the SnowCloud Internet Service in such a situation.

DISCLAIMERS AND LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT THE USE OF THE SNOWCLOUD INTERNET SERVICE OR ANY SCS EQUIPMENT IS AT YOUR SOLE RISK. SNOWCLOUD INTERNET SERVICE AND THE COMPANY EQUIPMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. You also expressly agree that the purchase or use of any third-party service or product provided by or accessed through the SnowCloud Internet Service is at your sole risk. You further acknowledge that this neither SCS nor any third-party provider of services or products make any representations or warranties with respect to any product or service offered through the SnowCloud Internet Service, and SCS will not be party to nor responsible for monitoring any transaction between the subscriber and third-party providers of products or SnowCloud Internet Services.

WE ARE NOT LIABLE FOR SNOWCLOUD INTERNET SERVICE OUTAGES OR FOR SNOWCLOUD INTERNET SERVICE LIMITATIONS OR INTERRUPTIONS. You acknowledge that there may be SnowCloud Internet Service outages, limitations, and interruptions at your location and that not all SnowCloud Internet Services are available in all locations. Our liability for any action or inaction will in no event exceed our SnowCloud Internet Services charges during the affected period. We are not liable for any incidental, indirect, special, punitive, or consequential losses or damages including lost profits. We are not liable for (i) economic loss or injuries to persons or property arising from use of the SnowCloud Internet Service or any equipment used in connection with the SnowCloud Internet Service; (ii) the installation or repair of the equipment by any parties who are not our employees; (iii) the removal of any SCS property or equipment, by a customer, from a customer’s property at the termination of service; or (iii) damages due to use of third-party products or SnowCloud Internet Services.

SCS is not liable for acts or omissions of another SnowCloud Internet Service provider, including without limitation any information they provide through equipment, any modification or failure of equipment caused by them, or for any other causes beyond our reasonable control.  This limitation of liability is an agreed-upon benefit of the bargain and remains in effect even if any remedy under the Agreement fails of its essential purpose.

CHANGES TO THIS AGREEMENT

SCS WILL GIVE YOU AT LEAST 30 DAYS’ ADVANCE NOTICE OF ANY CHANGES TO THIS AGREEMENT OR OUR SNOWCLOUD INTERNET SERVICE, IF SUCH CHANGE MATERIALLY ADVERSELY AFFECTS YOUR RIGHTS OR OBLIGATIONS UNDER THE AGREEMENT.  However, shorter advance notice or no notice may be given if SCS believes in good faith that SCS or the SnowCloud Internet Service might be adversely affected if longer notice were given.  If you do not agree to the amended Agreement, you may terminate the SnowCloud Internet Service by giving us written notice by U.S. Mail within 30 days of the date we notify you. If you use the SnowCloud Internet Service for more than 30 days after we notify you of a change, you agree to the amended Agreement.

MISCELLANEOUS TERMS  

If any part of this Agreement is found to be invalid, the balance of the Agreement remains enforceable. Failure to enforce a provision of this Agreement does not constitute a waiver by SCS of any provision or right in this Agreement.

This Agreement is subject to applicable federal laws, and the laws of the State of Alaska without regard to its conflict of law rules. If there is any inconsistency between this Agreement and those laws and regulations, this Agreement will be deemed amended as necessary to conform to such laws and regulations.

You represent and warrant that you are at least 18 years of age. You acknowledge that the SnowCloud Internet Service provides access to content that is unsuitable for minors.  If, at your discretion, you permit minors to use the SnowCloud Internet Service under adult supervision, you agree that you are solely responsible for monitoring all material that is accessed by minors using the SnowCloud Internet Service.

INSTALLATION

The CUSTOMER authorizes SCS or its contractor(s) or others authorized by SCS to install the necessary wiring and equipment required for “The SnowCloud” on the premises specified by the CUSTOMER at the time of installation. The standard installation includes the mounting of the Subscriber Unit (SU), a wireless transceiver on the outside of the house and/or building, the routing of cable(s) by the most direct path to one computer and/or router on the CUSTOMER’s premises. Fishing of walls and or attic crawling is not included with the standard installation. The connecting of multiple computers, routers, or other equipment at CUSTOMER’s premises may require additional costs in equipment and wiring. Any requests for custom installation work will require additional costs or charges by SCS or its contractor(s). SCS and any contractor(s) will not be liable for any alterations to CUSTOMER’s premises that result from the installation or removal of the equipment and/or wiring including any holes in walls, cable wiring or antenna mounting brackets; although great care will be used to make the installations reasonably appealing. SCS will not be liable for any damage to a CUSTOMERS SITE. Upon acceptance of this Terms of Service and Conditions, the CUSTOMER takes full responsibility for any damage now and in the future to the CUSTOMERS SITE as a result of “The SnowCloud” installation. For boat installs, a clear path to the inside of the boat must be present, whether through existing wire chases or penetrations that are already present. WE WILL NOT DRILL HOLES IN BOATS.

All equipment provided by SCS is the sole property of SCS and must be returned in working order upon termination of service. A fee reflecting the cost of the SU will be assessed to Customers that have not returned equipment within 30 days of termination of service. In cases where the customer may be unable to remove the equipment due to physical or structural limitations or safety hazards, an appointment will be set up by SCS to remove the equipment. If the customer fails to meet at the arranged date and time, a $25 reschedule fee will be charged to the customer account.

OBSTRUCTIONS

“The SnowCloud” is dependent on a clear Line of Sight (LOS) to the Access Point (AP), which is the point where the wireless connects to our broadband ISP partner(s). SCS will make every reasonable effort to provide the CUSTOMER with the best service possible. Unfortunately, some locations could experience changes in “The SnowCloud” due to seasonal changes, i.e. spring and summer foliage, which in turn affect the line of sight to the AP. SCS will make every reasonable effort to relocate or realign the SU. However, SCS cannot prevent LOS problems, and therefore cannot guarantee “The SnowCloud” or be liable for any loss of “The SnowCloud”. For our customers in the boat harbors, we will set up your service to the best LOS depending on your location.

SPECIAL CONSIDERATIONS FOR BOAT CUSTOMERS

If a CUSTOMER moves their boat from the original installation spot, the CUSTOMER must call us to re-align, re-program or replace the equipment BEFORE THE MOVE OCCURS. A service charge of $35 dollars may be charged to re-align, re-program or replace a device if no prior arrangements were made with SCS BEFORE THE VESSEL HAS MOVED. We understand the transient nature of the harbors and that you may have new vessels berth in your general area that obstructs your LOS to our access points. If you suffer a disruption of service and we deem this to be the cause, we will re-align your radio free of charge.

Upon account activation, an invoice will immediately be generated and emailed to the CUSTOMER. This invoice will be due 20 days from the activation date. The invoice will cover the service charge for the month from the activation day to the same day of the next month. The invoice balance can be paid with a check, credit card, money order or cash, payable to SnowCloud Services, L.L.C. or SCS. Invoices will be generated every month on the activation date. Any CUSTOMER who is 20 days late is subject to deactivation. It is the responsibility of the CUSTOMER to be aware of the account activation and invoice due dates. SCS uses an automated billing system to monitor account status. SCS does not send warning emails about upcoming invoice due dates or deactivation notices. SCS will notify CUSTOMER by phone or email if there is a payment issue associated with their account(s). After 60 days of nonpayment “The SnowCloud” will be canceled and a reactivation fee of $25 may be charged.

EXCESSIVE BANDWIDTH CONSUMPTION

SCS may, at its discretion, immediately terminate or reduce “The SnowCloud” service to the CUSTOMER upon any single or multiple incidents of the following conditions:

A. Failure to pay “The SnowCloud” fees in a timely manner;
B. Interfering with or disruption of “The SnowCloud” to other CUSTOMERS and/or their equipment on the SCS wireless network;
C. Propagation of computer viruses and/or spyware;
D. Unauthorized entry into another person(s) or organization(s) computer, systems, and/or information;
E. Unsolicited blanket emailing known as “Spamming”;
Spamming is the sending of unsolicited e-mails. SCS will not tolerate any type of spamming. CUSTOMERS will be immediately disconnected without prior notice and will not be eligible for any refund(s) for termination of “The SnowCloud” due to spamming.
F. Any violation of local, state, federal or international law or that of any Sovereign Nation, as well as SCS Terms of Service and Conditions.

When excessive consumption of bandwidth by a CUSTOMER prevents all CUSTOMERS fair access to the SCS wireless network. We reserve the right to take the necessary steps to correct this problem. These steps include, but are not limited to, limiting bandwidth, disabling communication protocols, and discontinuing “The SnowCloud” without prior notice.

If at any time SCS discovers that the CUSTOMER is sharing their service or has networked to others outside of the premises, without the express written consent of SCS, “The SnowCloud” will be immediately terminated to the CUSTOMER with no refunds of any kind. Unsecured, “open” networks are not only a potential cause of excessive bandwidth use, but they are also a security threat and an example of unauthorized sharing of “The SnowCloud”.

CUSTOMER agrees to indemnify and hold harmless SCS, it’s owner(s), partner(s) and contractor(s) against all losses, liabilities, judgments, awards and costs (including legal fees and expenses) arising out of or relating to any and all claims and/or losses accruing or resulting from the installation of “ The SnowCloud”, equipment, materials or supplies in connection with the performance of this agreement, to any and all CUSTOMERS and/or any other person, firm, organization or corporation.

SCS is not responsible for maintaining or supporting any equipment owned by the CUSTOMER and is not liable for any damages to the CUSTOMER’s SU, computer(s) or other equipment.

TECHNICAL SUPPORT HOURS

SCS will provide telephone support for “The SnowCloud” from 8 am to 4:30 pm Monday through Friday. SCS will provide scheduled onsite support for “The SnowCloud” from 8 am to 3:00 pm Monday through Friday. SCS does not staff support personnel to address technical issues after regular business hours, weekends or holidays. It is at the sole discretion of SCS support staff to provide after-hours, weekend or holiday support to any customer. There is no guarantee an SCS staff member will be available to provide after-hours, weekend or holiday support. A charge of $50 per hour will be applied to any after-hours work performed. A charge of $100 will be applied to any weekend or Holiday support work performed.

ADDITIONAL FEES

Any additional fees will be made clear before any billable work is performed or equipment purchased.

Situations where an additional fee may be charged to the customer:

Installation:

Boat/Harbor One-time Installation fee – $100.00
Router – $75.00
Cable runs longer than 50 feet – $1 dollar per foot

Repairs:
Any damage to equipment due to negligence of $100.00 or
Damage caused by end-user trying to fix equipment without guidance from SCS
Damage caused by home or building issues

Maintenance:
Onsite visit to customer home to fix device connectivity after the initial installation
which may include but is not limited to resetting WI-FI password onsite, troubleshooting customers’ personal device connectivity.

End-user scheduling issues:
If a customer misses an appointment without contacting SCS and the technician arrives on-site and is unable to perform the required work due to lack of access to equipment a $25 rescheduling fee may be applied.

Returned defective equipment:
CPE= $100

No return of equipment:
CPE= $100

Realignment of Equipment due to move:
$50.00

If at any time service is degraded and a radio realignment does not solve the issue, newly upgraded equipment will need to be installed to continue service. A fee will be determined based on the equipment required to complete the upgrade.

Reactivation Fee:
$25

GLOSSARY

CUSTOMER(S) = A paying account receiving “The SnowCloud” Internet Service

CUSTOMER SITE = A residence, building, boat, or any structure where SCS installs the equipment.

SCS = SnowCloud Services, L.L.C.

SU= Subscriber Unit

LOS= Line of Site

AP= Access point

ISP = Internet Service provider