INTRODUCTION: It is agreed that agreements are made only on the terms and conditions herein. This document is an offer by you (Customer), which will become a contract only when accepted in writing by Wheat State Technologies (Company). This document contains the terms on which the Company will provide you, the Customer, with high speed Internet service (Service) using the Company’s Network (Network). By use of the Service you agree (for yourself and any other person you allow to use your Service or the Network) to be bound by these terms and conditions. The Company may change these terms and conditions by giving you at least thirty (30) days notice notice at your billing address. You agree to be bound by those changes unless you cancel your Service in writing prior to the effective date of such changes. Cancellation is subject to term conditions.

SECURITY: The Company will not be responsible for any corrupted file or viruses that affect the user of the Service. It is your responsibility to safeguard your system, through appropriate means (e.g. using passwords or commercially available software) from theft, unauthorized use or system corruption. Any firewall-type software or hardware installed on your system will be your responsibility to configure and will not be supported by the Internet Tech Support staff. Due to the “always on” nature of the Service technology, any detriment caused to your computer system as a result of your failure to properly secure it will be your responsibility. Any detriment caused to the Network as a result of your failure to properly secure your system may result in the immediate suspension of your Service.

COMMITMENT: This Service will require a term commitment of six months and is subject to an early termination fee. If the Service is canceled prior to the completion of the term your account will be assessed an early termination fee of $99. Fee is prorated subject to contract term remaining. All EZ Pay installments are due and payable upon early termination. The Company sends out a monthly statement for service by the last working day of the month. All bills are due an d payable by the 15th of the month. A late fee of 3% will be applied to any balance due that is not received in our office by the due date. Payment must be received by the due date to prevent service suspension. All overdue accounts without an authorized payment extension are subject to having all services disconnected. If your account is suspended for non-payment your service will be subject to a $24.00 reconnect fee Returned checks will be assessed a $30.00 service charge.

PERFORMANCE LEVELS

Data speeds quoted in Service are maximum speeds. Speed performance is subject to upstream Internet conditions and may be lower because of peak capacity, PC hardware and software, wiring conditions inside your premises and website congestion. Data speeds are delivered on a “best effort” basis and are not guaranteed. All plans are subject to network availability.

TERMINATION OF SERVICE: Service shall not be used for ANY PURPOSE THAT VIOLATES THE LAW or in any manner that will interfere with the use of Service by one or more Customers. Unlawful or interfering uses are grounds for termination of your Service. The high-speed Service provided is for the specific location designated and use at or by another location or involving the resale of bandwidth or any other part of the Service is prohibited. The Company may also terminate your Service for non-payment or for any violation of any of the terms contained herein. You may terminate your Service period by notifying the Company of your intention to do so. You are responsible for payment of outstanding charges for the period of time in which the Company provides you Service.

LIMITATIONS OF WARRANTIES: The Company will use good faith efforts to provide continuous satisfactory Service. However, Service may be temporarily interrupted because of weather conditions, governmental orders, system modifications or repairs, system capacity limitations, security measures, equipment malfunctions, etc. If Service is interrupted for more than 48 hours other than by negligence or willful act of the customer, an allowance at the published rate for the Service at the time of interruption shall be made for the time such interruption continues, after notice and demand to the Company. No other liability shall in any case attach to the Company on account of interruptions of Service.

LIMITATION OF LIABILITY: In no event will the Company be liable, under any legal theory, for lost business, profits, or revenue, damage, accident, injury to person or property (including death) or any other losses, claims, or damages, including any incidental, special or consequential damages, caused, arising from or related to, directly or indirectly, your (or any other person’s) use of your internet Service, the Company’s equipment, the Company’s network or Service, or the Company’s provision or failure to provide or make available such network or Service.

Guidelines for Internet Use

All broadband subscribers must adhere to the Acceptable Use Policy of the High Speed Internet service. This policy was formulated: to protect our network, our users, and the Internet community as a whole from harmful, inappropriate, illegal or otherwise objectionable activities. To ensure the security, reliability, and privacy of our systems and network, as well as the networks and systems of others. To encourage the responsible use of Internet resources. To preserve the privacy and security of individual users. Prohibited Internet activities subject to termination of service include fraudulent conduct such as: Spamming or promoting illegal money-making schemes, disseminating illegal materials, infringement of intellectual property rights such as the illegal downloading of: MOVIES, MUSIC, and other copyrighted materials. We want to ensure a safe, high-quality Internet experience for everyone, so please review your complete Internet Service agreement received during installation or call for a copy. If you are unsure whether any contemplated use or action is permitted, please contact us at 1(800) 442-6835 and we will assist you.