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Terms and conditions agreement

NetBee Wireless Broadband Internet Service Agreement
By establishing an account or using the Services of NetBee Wireless you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and other policies.

The following terms and conditions shall apply to all customers subscribing to NetBee Wireless Service. This Agreement is part of and shall be incorporated into the Acceptable Use Policy. In utilizing NetBee Wireless Service, Customer agrees to adhere to the terms and conditions of the Acceptable Use Policy and this Agreement as NetBee Wireless 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.

Billing: Billing is done once per month in advance; full payment is due 15 days after receipt of invoice. The monthly recurring fee for Internet service is non-refundable and no refund is provided for cancelled, terminated or unused services. Unused bandwidth does not roll-over and cannot be applied towards previous or future billing.
Payments can be mailed to our office. We will only give account information to the registered account holder.

Payment Policies and Terms: Payment by Subscriber shall be due to NetBee Wireless 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 5% APR on all outstanding principle amounts until paid. Delinquent accounts shall be placed on "accounting hold" and services to the Subscriber shall be suspended until the account is paid in full. For any subscriber?s account that has been suspended, a Fifty Dollar ($50.00) reconnection charge to reactivate Subscribers Services after the arrearage has been paid. In the event any balance is not paid as agreed, the undersigned agrees to pay a collections fee equal to 40% of the unpaid balance. In the event of a lawsuit to collect the unpaid balance, the undersigned further agrees to pay court costs and reasonable attorney's fees. A Twenty Five Dollar ($25.00) 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 after thirty (30) days by submitting a written request for termination thirty (30) days prior by email, fax, or U.S. Mail to the address listed on this agreement. Requests received prior to close of business shall have a termination date of the next business day. Without prior notice, NetBee Wireless may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if NetBee Wireless, 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. NetBee Wireless may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services. Termination by NetBee Wireless for violation of NetBee Wireless' Acceptable Use Policy shall be subject to the termination fee as described above.

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 $95.00/hr.

Equipment and Scope of Work:

All equipment, modems, subscriber modules, antennas and standard mounting equipment will at all times remain the property of NetBee Wireless. 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 NetBee Wireless in obtaining or attempting to obtain possession of any such equipment. On expiration or termination of this Agreement, Subscriber authorizes NetBee Wireless to retrieve from Subscriber, premises equipment that is owned by NetBee Wireless.

Standard Maintenance: NetBee Wireless connection point ends at the Subscriber Module. 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 NetBee Wireless' network and backbone connectivity.

If your connection ceases to function properly and NetBee Wireless' network is properly functioning, 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 rates apply.

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 NetBee Wireless, or from any cause related to or other than the intended and ordinary use. Antenna re-aiming or relocation due to 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 NetBee Wireless, 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 Subscriber's installation of, use of, or termination of NetBee Wireless' services hereunder including but not limited to, Subscriber's access to content uploaded or down loaded using NetBee Wireless' service from any source or to any recipient. Subscriber further releases NetBee Wireless from any responsibility or liability related to the accuracy, quality for confidentiality of any information available by or through NetBee Wireless' systems and/or the wireless network. Subscriber's release of NetBee Wireless includes any actions or inaction by NetBee Wireless which amount to negligence. Subscriber further agrees to indemnify and hold harmless NetBee Wireless. From and against any and all claims, actions, causes of action, losses or damages including attorney's fees which in any way arise from Subscriber's installation of, use of, termination of, NetBee Wireless' services herein.

Disclaimer: NetBee Wireless assumes no responsibility for the content contained on the Internet or otherwise available through the wireless network or from any source accessible via NetBee Wireless' services. Actual network speeds vary and are not guaranteed. To protect the performance of the network and to ensure the best experience for all users of the service, at peak times we may manage the speed of non-time critical applications such as P2P. P2P refers to certain applications that enable files and program sharing between groups of people logged on to a P2P network. Because they use uploads and downloads and are often left running 24/7, they consume significant bandwidth, even when being used by just a small number of customers. Because most P2P traffic is not time-critical - for example, downloading and uploading TV programs or movies for later viewing - we treat P2P traffic differently from time-critical traffic (such as surfing, streaming or internet telephony) and apply speed restrictions to all P2P traffic. We manage these restrictions daily based on the demands on the network. NetBee Wireless discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the services provided by NetBee Wireless 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 acknowledges to NetBee Wireless that its use of NetBee Wireless' service to access information, content or other services is at it's own risk.

Governing law and Venue: The laws of the State of Florida 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 Broward County , Florida .

Customer Agreement: The customer agrees that they have read and understood the FAQ section of the NetBee Wireless website. The customer assumes all liability of providing a computer or device capable of using IP over Ethernet.

Entire Agreement: This Agreement constitutes the entire Agreement between the parties and no other representations 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: NetBee Wireless agrees to provide high speed wireless Internet to subscribers subject to the following terms and conditions:

This service is for business or home-office use only. Internet sharing is allowed only within the boundaries of the customer's office. Allowing others to use this connection via wired, wireless (Wi-Fi or other technology) or by other means will result in immediate disconnection. Reselling this service will result in immediate disconnection. However, businesses may set up a Wi-Fi hotspot with permission from NetBee Wireless, but this is only allowed on a case-by-case basis.

Email accounts exceeding the Member's allotted email space may, at NetBee Wireless' discretion, be transferred to a compressed temporary file or storage. NetBee Wireless may delete the temporary file from the server 60 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 NetBee Wireless' services by Subscribers to modify, alter, reverse engineer, decompile disk, or disassemble any proprietary work in whatever form is a violation of this agreement. Any Subscriber deemed by NetBee Wireless to be in violation of this section is subject to immediate termination by NetBee Wireless. Termination under this section shall have no liability other than to refund any unearned prepaid service fees including direct, indirect, incidental or consequential damages.

Monitoring the Services

NetBee Wireless has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if NetBee Wireless, 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.

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

911 AND SERVICE LIMITATIONS

E911 service provided by NETBEE WIRELESS works differently than traditional wireline 911 emergency services. It is very important that you read, understand and accept the following warnings and limitations.

These characteristics may make NetBee Wireless E911 services unsuitable for some customers. Because customer circumstances vary widely, customers should carefully evaluate their own circumstances when deciding whether to rely solely upon NetBee Wireless E911 service.

Customer acknowledges that it is Customer's responsibility to determine the technology or combination of technologies best suited to meet customer's emergency calling needs, and to make the necessary provisions for access to emergency calling services. NetBee Wireless advises Customer to maintain an alternative means of accessing traditional 911 services.

911 ACKNOWLEDGEMENT: CUSTOMER ACKNOWLEDGES THAT NETBEE WIRELESS'S EQUIPMENT AND SERVICES (THE "SERVICES") DO NOT SUPPORT 911 EMERGENCY DIALING OR OTHER EMERGENCY FUNCTIONS IN THE SAME WAY THAT TRADITIONAL WIRELINE 911 SERVICES WORK. THE DIFFERENCES ARE DETAILED IN THIS SECTION AND CUSTOMER AGREES TO NOTIFY ANY POTENTIAL USER OF THE SERVICES, WHO MAY PLACE CALLS USING CUSTOMER'S SERVICES, OF THE 911 LIMITATIONS DESCRIBED HEREIN.

NETBEE WIRELESS HEREBY PROVIDES CUSTOMER WITH AN ADVISORY NOTICE REGARDING 911 EMERGENCY DIALING AND CUSTOMER AGREES AND ACKNOWLEDGES THAT NETBEE WIRELESS HAS ADVISED CUSTOMER OF THE CIRCUMSTANCES UNDER WHICH NETBEE WIRELESS E911 SERVICE MAY NOT BE AVAILABLE OR MAY BE LIMITED IN COMPARISON TO TRADITIONAL 911 EMERGENCY DIALING.

LIMITED AVAILABILITY: CUSTOMER ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION IN ALL CONDITIONS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:

ELECTRICAL POWER. THE SERVICES WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER. IF THERE IS A POWER OUTAGE, CUSTOMER MAY BE REQUIRED TO RESET OR RECONFIGURE THE EQUIPMENT BEFORE BEING ABLE TO USE THE NETBEE WIRELESS SERVICE, INCLUDING FOR E911 PURPOSES.

INTERNET ACCESS. THE SERVICES WILL NOT FUNCTION IF THERE IS AN INTERRUPTION OF CUSTOMER'S BROADBAND OR HIGH-SPEED INTERNET ACCESS SERVICE.

CONFIGURATION AND AVAILABILITY: NETBEE WIRELESS E911 SERVICE WILL NOT FUNCTION IF CUSTOMER'S PHONE FAILS OR IS NOT CONFIGURED CORRECTLY OR IF CUSTOMER'S NETBEE WIRELESS SERVICE IS NOT FUNCTIONING FOR ANY REASON, INCLUDING SUSPENSION OR DISCONNECTION OF SERVICE BECAUSE OF BILLING OR OTHER ISSUES

NETWORK ISSUES: DUE TO TECHNICAL FACTORS IN NETWORK DESIGN, AND IN THE EVENT OF NETWORK CONGESTION ON THE NETBEE WIRELESS NETWORK, THERE IS A POSSIBILITY THAT A NETBEE WIRELESS 911 CALL WILL PRODUCE A BUSY SIGNAL OR WILL EXPERIENCE UNEXPECTED ANSWERING WAIT TIMES AND/OR TAKE LONGER TO ANSWER THAN 911 CALLS PLACED VIA TRADITIONAL, LEGACY, CIRCUIT-SWITCHED TELEPHONE NETWORKS.

NON-VOICE SYSTEMS. THE SERVICES MAY NOT FUNCTION WITH OUTDIALING SYSTEMS INCLUDING HOME SECURITY SYSTEMS, MEDICAL MONITORING EQUIPMENT, TTY EQUIPMENT, AND ENTERTAINMENT OR SATELLITE TELEVISION SYSTEMS. CUSTOMER HAS NO CLAIM AGAINST NETBEE WIRELESS FOR INTERRUPTION OR DISRUPTION OF SUCH SYSTEMS BY THE SERVICES.

PHYSICAL LOCATION: CUSTOMERS WHO SUBSCRIBE TO NETBEE WIRELESS E911 SERVICE WILL BE REQUIRED TO REGISTER THE PHYSICAL LOCATION OF THEIR EQUIPMENT WITH NETBEE WIRELESS, AND AGREE TO UPDATE THE LOCATION WHENEVER THE PHYSICAL LOCATION OF SERVICE CHANGES.

CUSTOMER ACKNOWLEDGES THAT THE ONLY MECHANISM FOR ROUTING 911 CALLS TO THE CORRECT EMERGENCY CALL TAKER IS THE PHYSICAL LOCATION CURRENTLY REGISTERED FOR THE ACCOUNT. CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT ANY ENHANCED LOCATION INFORMATION PASSED TO AN EMERGENCY OPERATOR BY NETBEE WIRELESS WILL BE BASED UPON THE PHYSICAL LOCATION PROVIDED TO NETBEE WIRELESS BY CUSTOMER. THERE MAY BE SOME DELAY BEFORE THE AUTOMATIC NUMBER AND LOCATION INFORMATION IS PASSED TO THE LOCAL EMERGENCY SERVICE OPERATOR.

IN THE EVENT THAT THE PHYSICAL LOCATION HAS NOT BEEN UPDATED OR IS NOT COMPLETE, NETBEE WIRELESS MAY ATTEMPT TO ROUTE A 911 CALL BASED UPON THE BILL-TO OR SHIP-TO ADDRESSES ASSOCIATED WITH THE CUSTOMER'S ACCOUNT OR INITIAL ORDER.

LIMITATION OF LIABILITY; INDEMNIFICATION: CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT NETBEE WIRELESS WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 OR ANY OTHER EMERGENCY TELEPHONE NUMBER USING NETBEE WIRELESS OR TO ACCESS AN EMERGENCY SERVICE OPERATOR DUE TO THE 911 DIALING CHARACTERISTICS AND LIMITATIONS SET FORTH IN THIS AGREEMENT. CUSTOMER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS NETBEE WIRELESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISH SERVICES TO CUSTOMER IN CONNECTION WITH THE SERVICES, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, CUSTOMER OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING.

Additional Clarifications, Terms and Conditions

Usernames, passwords and email addresses are NetBee Wireless' property and NetBee Wireless may alter or replace them at any time.

NetBee Wireless has no control over certain types of interference and signal blockage. We do not guarantee any level or quality of service beyond line of sight installations. If the service becomes unusable and cannot be restored within 2 working days, your account will be credited for the outage.

NetBee Wireless cannot be held liable for any type of loss, whether actual or perceived, due to a lack of service.

Subscribers understand that service can 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.