INTERNET SERVICE AGREEMENT AND TERMS OF USE

This Internet Service Agreement (“Agreement”) is made and entered into as of the activation date of the new Internet Service which is found on Customers online account, by and between “Subscriber” and NETworx Broadband Inc. (“Provider”), a Minnesota company.Provider will provide Internet Access Service (“Internet”) to Subscriber, consisting of services and access to data communications equipment that provides “Full Access” to the global computer network known as the Internet via a fiber wire connection and one VoIP phone line. This signal is sent to client equipment located on Subscriber’s premises, which has a street address of 12311 185th Ave SE Unit Number: Choose Your Lot NumberMain Office105106107108109110111112113114115116117118119120121122123124125126127128129130131132133134135136137138139140141142143144145146147148149150151152153154155156157158159160161162163164165166167168169170171172173174175176177178179180181182183184185186187188189190191192193194195197201202203204205206207208209210211212213214215216217218219220221222223224225226227228229230231232233234235236237238239301302304305306307308309310311312313314315316401402403404405406407408409410411412413414415416417418419420421422423424425426427428429430431432433434435436437438439440441442443444445446447448449450451452453454455456457458459501502503504505506507508509510511512513514515516517518519520521522523524525526527528529530531532533534535536537538539540541542543544545546547548549550551552553554555556557558559560561562563564565566567568569570571572573574575576577601602603604605606607608609610611612613614615616617618619620621622623624625626627628629630631632633634635636637638639640641642643644645646647648649650651652653654655656703704705706707708709710711712713714715716717718719720721722723724725726727728729730731732733734735736737738739740741742743744745746747748749750751752753754755756757758759760801802803804805806 City of Big Lake, MN 55309.

“FULL ACCESS” is further defined by the terms of this Agreement, which will constitute the entire Agreement between the Provider and the Subscriber. Full Access means access via a fiber optic connection to Subscriber (monthly services).300 Mbps Download x 300 Mbps Upload for a monthly rate of $130.00 which will include any and all fees. This monthly rate will not change for the life of this Agreement. Subscriber’s access will be limited by routine maintenance, use of Internet by other subscribers, weather conditions, acts of God and other unforeseen consequences. Further, access may be limited by conditions affecting the Internet at locations not owned or controlled by this Provider.

1. Internet may only be used for lawful purposes. Transmission of any material in violation of any U.S. or state, or local regulation is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.
2. It is agreed by both parties that Provider has no ability to regulate any types of information, content, material or data (“content”) sent or transmitted by Subscriber, nor regulate any types of content Subscriber may view, receive or otherwise download. Consequently, Subscriber agrees to indemnify and hold harmless Provider from any claims resulting from Subscriber’s use of the service that damages Subscriber or another party. In part, this means Subscriber is responsible for the use of the Internet by all parties accessing the Internet through Subscriber, such as employees, agents and non-employees and non-agents otherwise allowed access.
3. The Subscriber agrees to indemnify Provider against liability for the actions of each person to who it allows to use the services provided by the Agreement. Any access to other networks connected to Provider must comply with the rules appropriate for that other network. Use of the Internet itself may only be for lawful purpose.
4. Connectivity is provided for Subscriber only. Resale or use of the connection by another user or organization is prohibited. This includes, but is not limited to, providing website hosting services by Subscriber.
5. Hardware: The Subscriber is responsible for providing all communications equipment and software necessary to access the Internet beyond our provided wireless router. Provider, at its discretion, may assist the Subscriber in obtaining the proper communications and software. All Subscriber hardware purchased through Provider is guaranteed by manufacturer’s warranty; service call, labor fees, and replacement hardware charges will be billed accordingly.
6. Installation: NETworx Broadband Inc. and its authorized contractor will install the Equipment at subscriber’s premises for the charges indicated on this Agreement.
7. Provider’s Internet services are for Subscriber’s use only. Subscriber may have as many terminals accessing the Internet as Subscriber wants, as long as said terminals are located on Subscriber’s premises.
8. Internet Security: It is the sole responsibility of each Subscriber to protect their computer(s) data and network accessibility (such as file sharing). Firewalls are a must to protecting your “always on” connection. With an “always on” connection you will be assigned an IP, which makes it easier for an attacker to find you. Firewalls (software or hardware) protect your computer by reading incoming data. Software firewalls run off your operating system. (some available for free) allow you to give authorization to requests being made from outside sources. Hardware firewalls are independent of computer operating systems and resources, are able to connect to more than one computer at a time and are generally more reliable.
9. NETworx Broadband Inc. reserves the right to change and otherwise modify these Terms of Use at its discretion. Such change will be posted to https://networxbroadband.com/terms-of-service/.
10. NETWORX BROADBAND INC. MAKES NO WARRANTY EITHER EXPRESS OR IMPLIED REGARDING THE QUALITY OF THE INTERNET ACCESS SERVICE TO BE PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO, THE CONDITION, MERCHANTABILITY, FITNESS, ADAPTABILITY OR SUITABILITY FOR ANY PARTICULAR PURPOSE OF THE INTERNET ACCESS SERVICE. THE INTERNET ACCESS SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NEITHER NETWORX BROADBAND INC. NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE INTERNET ACCESS SERVICE SHALL BE LIABLE FOR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE INTERNET SERVICE OR INABILITY TO USE THE INTERNET ACCESS SERVICE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERABLES, AND YOUR OWN ERRORS OR OMISSIONS. USE OF ANY INFORMATION OBTAINED VIA NETWORX BROADBAND INC. IS AT YOUR OWN RISK. NETWORX BROADBAND INC. SPECIFICALLY DENIES ANY RESPONSIBILITY FOR THE ACCURACY OR QUALITY OF INFORMATION OBTAINED THROUGH ITS SERVICES.
11. The router provided by and owned by NETworx Broadband must be plugged into a surge protector device in order to be covered by NETworx Broadband. If said router is not utilizing a surge protector and failure occurs the Customer may be responsible to cover the cost of a new router. The router is owned by NETworx Broadband and must be returned, in good working order, if service is canceled or Customer will be charged $300.00. The Customer has 30 days to return the router by any means necessary. NETworx Broadband reserves the right to charge a fee if a service call is requested by Customer and found to be the Customers fault of malfunction.
12. Internet shall cost Subscriber $130.00 per month. The installation fee of $99.99 will be charged along with the first monthly service fee of $130.00 on Customers first billing. A $130.00 monthly charge will occur for 36 months after the activation of new service. Monthly billing will begin once the installation is completed or the assigned Pedestal (outdoor enclosure containing the fiber optic internet connection, typically located in the right-of-way, next to the road in front of your location) has been activated for your location, whichever comes first.
13. The Account Period under this Agreement begins on the date the Subscriber signs this Agreement and ends thirty-six (36) months from date of installation or your assigned Pedestal has been activated for your location, whichever comes first. If any payment due hereunder is not made by the Subscriber by the due date on the invoice, a late charge of 10% of the outstanding balance per month shall be due and payable with respect to such payment. Payments to NETworx Broadband Inc. are non-refundable. No refunds will be given for canceled accounts unless the account is clearly defective and non-working. Following expiration of the Accounting Period, cancellation of accounts can be made by providing written Notice to other party by email, fax or U.S. postal mail and the Internet Service will terminate at the end of the billing cycle in which the notice of cancellation is given. In addition to all monthly payments due through the end of the Account Period, an early termination fee of $524 will be charged to accounts terminating services before the end of the Account Period.
14. Provider may, in addition, and at its sole discretion, and without notice to Subscriber (a) suspend its performance under this Agreement and Subscriber’s access to use of the internet or (b) terminate this Agreement and Subscriber’s access to and use of Internet, in which case the remainder of this Agreement shall be deemed void. NETworx Broadband Inc. reserves the right to change the rates and otherwise modify these Terms and Conditions. It is the Subscriber’s responsibility to regularly familiarize themselves with these Terms and Conditions. Violation of the Terms of this Agreement by Subscriber may cause suspension or termination of Internet services by NETworx Broadband Inc.
15. SUBSCRIBER UNDERSTANDS AND ACKNOWLEDGES THAT THIS AGREEMENT CONSTITUTES A THREE (3) YEAR SERVICE CONTRACT, UPON WHICH NETWORX BROADBAND INC. IS RELYING IN ORDER TO PROVIDE ALL SUBSCRIBERS WITH INTERNET SERVICES. BY SIGNING BELOW, SUBSCRIBER AGREES TO BE BOUND BY THIS AGREEMENT IN EXCHANGE FOR AGREEMENT BY NETWORX BROADBAND, INC. TO INSTALL, SERVICE AND PROVIDE SUBSCRIBER WITH INTERNET SERVICES AS SET FORTH IN THIS AGREEMENT.
16. The laws of the State of Minnesota govern this Agreement. Any claims or cause of action related to this Agreement must be instituted within one year after the claim or cause of action has arisen or be considered forever barred. The invalidity of any portion of any provision of this instrument shall not affect the validity of the remainder of any such provisions or the remaining provisions of this Agreement.
17. Any actions or claims arising under this Agreement shall be venued in Sherburne County, Minnesota.
18. Both parties are required to use arbitration to resolve any and all legal matters before pursuing legal action in court. Both parties are responsible for their own attorney’s fees and costs associated with the creation, negotiation and execution of this Agreement. Should it become necessary for NETworx to initiate collection efforts, file for arbitration, or bring suit in court to enforce the terms of this Agreement, NETworx shall be entitled to recovery of all attorney’s fees and collection costs for any such efforts.
19. Notices under this Agreement shall be given to:

Subscriber (printed name): and Provider: NETworx Broadband, Inc.

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