DigiiNet Wireless Internet Service

P.O. Box 632

Farmington, NM 87499

(505) 324-8014

Wireless Interet Service Agreement

By establishing an Account or using the Services of DigiiNet you agree to be bound by this Agreement and to use the Sevices In compliance with this Agreement, our Acceptable Use Policy and other policies. The following terms and conditions shall apply to all customers subscribing to DigiiNet Wireless or DSL Internet Service. This agreement is part of and shall be incorporated into the Acceptable Use Policy, in utilizing DigiiNet Internet Service. Customer agrees to adhere to the terms and conditions of the Acceptable Use Policy and this Agreement as DigiiNet may modify it from time to time. In the event of an Inconsistency or conflict between the Acceptable Use Policy and this Agreement, the provisions of this Agreement shall govern.

Payment Policy and Terms:  Subscriber shalt be billed monthly for service one month in advance. Payment by Subscriber shalt be due to DigiiNet within fifteen (15) days from the date of the invoice. A Fifteen Dollar ($15.00) late payment fee shall be assessed on any account not paid within fifteen (15) days from the date of invoice. Accounts remaining unpaid for thirty (30) or more days shall be deemed delinquent. Delinquent accounts shall accrue Interest at 21.5% Appon all outstanding principle amounts until paid. Delinquent accounts shall be placed on "Credit Hold" and services to the Subscriber shalt be suspended.until the account is paid in full. For any subscriber account that has been placed on suspended service there shall be a due of Fifty Dollar ($50.00) reconnection charge to reactivate Subscribers Services after the arrearage has been paid. A Thirty Dollar ($30.00)  fee will be added to the subscriber account in the event of any bank returned check. In the event that more than one check is returned, we will only accept cash, credit card or certified funds for payment on the account.

Termination:  Subscriber may terminate this Agreement by submitting a request for termination (email, fax, U.S. Mail or telephonically) to the addresses or phone numbers listed in this agreement. Requests received prior to close of business shall have a termination date of the next business day Without prior notice, DigiiNet may terminate this Agreement, your password, your account, or your use of the Services, for any reason, Including, without limitation, if DigiiNet, In its sole discretion, believes you have violated this Agreement our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due. DigiiNet may provide termination notice to you by: email addressed to your email account or by US Mail or by courier service to the address you provided for the Services. Termination by DigiiNet for violation of DigiiNet Acceptable Use Policy shall be subject to the termination fee as described above.

Additional Fees:  In the event that a special construction, additional equipment is required, including but not limited to: longer cable, addidtional grounding, higher tower or mast hardware, or specialized antennas, an installation. Additional labor is billed at $75.00/hr.

Standard Maintenance:  DigiiNet' connection point ends at the Subscribers Module. Any trouble beyond our network or equipment is the full responsibility of the Subscriber and their subsequent Network Administrator or vendor. DigiiNet does have the capabilities of providing additional technical support at a rate of $78.00 per hour on customer equipment that is not related to the provision of basic Internet Service.

If your connection ceases to function properly but DigiiNet' network is still functioning properly, a technician will be sent to troubleshoot during normal business hours (9AM-5:00PM, Monday-Friday). If the problem is due to subscriber negligence, or any of those Items listed in the Not Covered by "Standard Maintenance" section, standard hourly rated apply. Weekend, after-hours, and holiday rates are billable at the rate of $112.50 per hour.

Not Covered by Standard Maintenance:  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, operator error, or malfunction of subscribers computer and/or peripheral equipment not installed by DigiiNet, or from any cause related to or other than the Intended and odinary use. Antenna re-aiming or relocation of obstructions such as trees vegetation or buildings; or storm related damage. Any re-aiming or relocation of antennas or reconstruction of tower/mast assemblies will be billed to the Subscriber at standard hourly rates.

Indemnification/Release:  Subscriber, Its agent, successor and/or assigns expressly agrees to indemnify and release DigiiNet, Its affiliates, subcontractors, employees, agents, assigns or successors from any liability for any claims, losses, actions, damages, suits, or proceeding arising out of or otherwise related to Subscriber's Installation of, use of, or temination of DigiiNets service hereunder including but not limited to: Subscriber's access to content uploaded or downloaded using DigiiNets services from any source or to any recipient Subscriber further releases DigiiNet from any responsibility or liability related to the accuracy, quality for confidentiality of any Information available by or through DigiiNet Systems and/or the wireless network. Subscriber's release of DigiiNet includes any actions or Inaction by DigiiNet which amount to negligence. Subscriber futher agrees to Indemnify and hold harmless DigiiNet from spo, against any and all claims, actions, cause of action, losses of damages Including attorney's' fees which in any way arise from Subscriber's Installation of, use of, termination of, DigiiNet' services herein.

Disclaimer:  DigiiNet assumes no responsibility for the content contained on the Internet or otherwise avaible through the wireless network or from any source accessible via DigiiNet services. DigiiNet discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the sevices provided by DigiiNet 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 of offensive content Subscriber scknowledges to DigiiNet that its use of DigiiNet service to access information, content or other services is at subscribers own risk.

Governing Law and Venue: The laws of the State of New Mexico shall govern the terms of this Agreement The parties hereto stipulate and agree that the exclusive venue for the resolution of all disputes concerning this Agreement shall be San Juan County, New Mexico. The Customer assumes all liability of providing a computer of device capable of using IP over ethernet.

Entire Agreement: This agreement constitutes the entire Agreement between the parties and no other reprsentations or statement will be binding upon the parties. If any part of the 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.

Acceptable Use Policy: DigiiNet agrees to provide high speed wireless internet to the subscriber listed below subject to the following terms and conditions:

This service is for single family residence, home-office or commercial business use only. Internet sharing is allowed only within the boundaries of the residence. Multiple computers on service in a commercial business or home office/residence are subject ro additional fees. Using a personal account for high volume or commercial use (e.g., revenue generation, adevertising, ect.) Is prohibited. Email accounts exceeding the Members allotted email space may, at DigiiNets discretion, be transferred to a compressed temporary file or storage. DigiiNet may delete the temporary file from the server 30 days after notifying you.

Abuse of Services: Any use of the system that disrupts the normal use of the system for other 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 their computational, information, or communication devices or resources of others is a violation of this agreement The use of DigiiNets services by Subscribers ro modify, alter, reverse engineer, decompile disk, or disassemblr 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) or any other inter router protocol by subscriber is a violation of this Agreement. Any Subscriber deemed by DigiiNet to be in violation of this sections is subject to immediate termination by DigiiNet. Termination under this section shall have no liability other than to refund any unearned prepaid service fees including direct, indirect, incidental or consequental damages.

Monitoring the Service: DigiiNet has no obligation to monitor the Service, but may do so and disclose information regarding use of the service for any reason If DigiiNet in its sole discretion, believes that It Is reasonable to do so, Including: to satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and Its interests.

DigiiNet may immediately remove your material or Information from the DigiiNet servers, in whole or in part, which DigiiNet, in its sole and absolute discretion, determines to infringe on another's property rights or to violate our Acceptable Use Policy.

Additional Clarifications, Terms and Conditions: Usernames, passwords and email addresses are DigiiNet property and DigiiNet may alter or replace them at any time. Customer understands that charges for the Installation are for the purpose of gaining Internet access. AN equipment used for the access of said, service remains the sole property of DigiiNet Wireless Internet Services. DigiiNet has no control over certain types of interference and signal blockage. We do not guarantee any level of quality of service including on-line gaming systems, Internet phone systems, or related IP services beyond basic Internet access. If the services becomes unusable and cannot be restored within 2 working days, your account will be credited for the outage. If service is interrupted more than an aggregate of 72 hours in any given month, term contracts may be cancelled without penalty. DigiiNet cannot be held liable for any type of loss, whether actual or perceived, due to lack of service, Subscribers failure ro properly back-up data, or equipment failure. Subscribers understand that service will be interrupted from time to time for various reasons Including maintenance, upgrades and power outages. There will be no warning for some of the outages.

This contract supersedes all previous versions in print or circulation. (Rev.07-15)