Service Terms and Conditions

1.0 Services Agreement

These Terms and Conditions (the "Standard Terms and Conditions") describe the terms and conditions that govern the provision of services, including broadband Internet access service and any products or equipment used to provide such services by XtreamInternet LLC ("XtreamInternet" or "we") to its customers ("Customer" or "you") (collectively, the "Services"). By using, subscribing to or purchasing XtreamInternet's Services, you agree to be bound by these Standard Terms and Conditions and the terms of the Agreement (defined herein). Customer and XtreamInternet are sometimes each individually referred to herein as a "Party" and jointly referred to herein as the "Parties".

The "Agreement" means the terms and conditions under which Customer purchases Services, including all attachments, these Standard Terms and Conditions, and all documents incorporated by reference, including the XtreamInternet Privacy Policy, and all related Service Order(s).

BY EXECUTING A SERVICE ORDER WITH US, BY CLICKING A BOX TO INDICATE ACCEPTANCE, BY USING THE SITE, OR OTHERWISE USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS AND THE XTREAMINTERNET PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE AND CEASE USE OF THE SERVICES.

2.0 Services and Service Orders

2.1 XtreamInternet shall provide Customer with the Services in accordance with any service order (each a "Service Order") entered into and executed by the Customer. Customer understands and agrees that certain Services may not be available in all of XtreamInternet's service areas. Unless otherwise set forth, XtreamInternet shall use commercially reasonable efforts to provide the Services seven (7) days a week, twenty-four (24) hours a day, excluding scheduled maintenance, required repair and events beyond XtreamInternet's reasonable control.

2.2 Customer shall request Services by issuing to XtreamInternet a service request (each a "Service Request") in the form provided by XtreamInternet, which may change from time to time. Upon XtreamInternet's acceptance of a proposed Service Request, such proposed Service shall be deemed a "Service Order" hereunder and shall be deemed incorporated into and made a part of this Agreement by this reference. A proposed Service Order shall become effective upon the earlier of (a) the Service Order being signed by Customer and XtreamInternet, or (b) XtreamInternet's commencement of delivery of the Service set forth in the proposed Service Order. For the avoidance of doubt, no Service Request shall be performed by XtreamInternet unless a Service Order is accepted by XtreamInternet as outlined herein. XtreamInternet makes no representation regarding the speed of the Internet service available to any Customer or End User. Actual speeds may vary and are not guaranteed.

3.0 Service & Equipment Installation

3.1 Customer shall obtain and maintain, or shall ensure that users of the Service ("End User") shall obtain and maintain, during the Agreement Term, such consents (including without limitation landlord and landowner consents) as are necessary to timely permit, and shall timely permit, XtreamInternet personnel to install, deliver, operate and maintain the Services and XtreamInternet Equipment at such Customer location(s) where XtreamInternet provides the Services (the "Service Location(s)"). Customer shall permit XtreamInternet and its authorized personnel reasonable access to the Customer Locations and to any End User facilities at any time as needed to install, configure, upgrade, maintain or remove the XtreamInternet Equipment and other Services components located at the Service Location(s).

3.2 Provided that Customer properly performs all necessary site preparation, complies with all terms of the Agreement, and provides XtreamInternet with all required consents, XtreamInternet shall use commercially reasonable efforts to install the Service in accordance with the requested Service start date indicated on the Service Order.

3.3 Standard installation equipment by XtreamInternet, its contractors, or its third-party service providers will depend on the service type. Any deviations from standard installation will result in extra fees as described in Service Order. If Customer does not inform XtreamInternet of any issues within 3 days of installation, Service shall be deemed accepted as installed.

3.4 "XtreamInternet Equipment" shall mean any and all facilities, equipment or devices provided by XtreamInternet or its authorized contractors at the Customer's location that are used to deliver any of the Services, including, but not limited to, all terminals, wires, cabling, modems, lines, circuits, ports, routers, gateways, switches, channel service units, data service units, cabinets, and racks. All XtreamInternet Equipment shall remain the property of XtreamInternet regardless of where installed within the Customer's location(s), and shall not be considered a fixture or an addition to the land or the Service Location(s).

3.5 XtreamInternet shall have no obligation to install, operate, or maintain any facilities, equipment or devices supplied by Customer ("Customer-Provided Equipment"). Customer alone shall be responsible for providing maintenance, repair, operation and replacement of all Customer Provided Equipment.

3.5 Customer agrees that XtreamInternet may take pictures of installation for potential use in marketing. No identifying markers will be used. XtreamInternet will respect the privacy of the Customer.

4.0 Support & Maintenance

XtreamInternet shall use commercially reasonable efforts to maintain the XtreamInternet Equipment. Customer-Provided Equipment is the responsibility of Customer. XtreamInternet shall provide a telephone number and email address for inquiries and remote problem support for the Services. All such Customer support shall be provided only to Customer's designated personnel, as mutually agreed upon by XtreamInternet and Customer. Customer is responsible for all communications and interfaces with its End Users. XtreamInternet shall bill at its standard hourly rates set for any service call. If XtreamInternet is determined to be at fault to the issue(s), the service charge will be waived.

5.0 Customer Obligations and Acceptable Use

5.1 Customer agrees not to use or to allow others to use the Services for illegal or inappropriate activities, including but not limited to: invading another person's privacy; unlawfully using, possessing, posting, transmitting or disseminating obscene, profane or pornographic material; posting, transmitting, distributing or disseminating content that is unlawful, threatening, abusive, harassing, libelous, slanderous, defamatory or otherwise offensive or objectionable; distribute or engage in the mass distribution of unsolicited emails without the consent of the intended recipient; introduce viruses, worms, harmful code and/or Trojan horses on the Internet.

5.2 Customer shall ensure that all XtreamInternet Equipment at Customer's and Customer's End Users' facilities remains free and clear of any and all liens and encumbrances, and Customer shall have sole responsibility for any loss or damage to the XtreamInternet Equipment at the Service Location(s). Customer is responsible for ensuring that any Customer-Provided Equipment used in connection with the Services is protected from fraudulent or unauthorized access.

6.0 Term

The Agreement shall commence on the earlier to occur of (a) the date of the last signature on the Service Order, or (b) XtreamInternet's commencement of delivery of the Services set forth in a Service Order (the "Effective Date"), and shall remain in effect for the term specified in the Service Order (the "Agreement Term") unless otherwise terminated pursuant to Section 10 below. Unless otherwise specified in the Service Order, if the Customer continues to receive Services after the expiration of the Agreement Term, XtreamInternet may, in its sole discretion, provide the Services on a month-to-month basis.

7.0 Payment

Customer shall pay XtreamInternet all recurring and non-recurring charges, fees and taxes (collectively, together with the Monthly Fees, Reactivation Fees, and any other fees or expenses due for XtreamInternet's Services, support, or maintenance, the "Service Charges") as set forth on the Service Order with payment due at the beginning of each month (the "Monthly Fees"). Customer must bring any billing error to XtreamInternet's attention within thirty (30) days of the date appearing on the applicable invoice or Customer shall be deemed to have waived its right to a refund or credit associated with such billing error. XtreamInternet may charge interest on any past due amounts at the rate of one and one-half percent (1.5%) per month or the highest rate chargeable by law.

8.0 Proprietary Rights

All materials including, but not limited to, the Services, any XtreamInternet Equipment (including related firmware), software, data and information provided by XtreamInternet, any identifiers or passwords used to access the Services or otherwise provided by XtreamInternet, and any know-how, methodologies or processes (collectively "XtreamInternet Materials") shall remain the sole and exclusive property of XtreamInternet and/or its suppliers. Nothing herein is intended to convey any right or ownership interest to Customer or any other person or entity in or to such XtreamInternet Materials.

9.0 Monitoring, Equipment Upgrades and Modifications

XtreamInternet has the right, but not the obligation, to upgrade, modify and enhance the XtreamInternet Equipment (including related firmware) and the Services and take any action that XtreamInternet deems appropriate to protect the Services and its facilities. XtreamInternet may, in its sole discretion, add to, modify or delete any provision of this Agreement from time to time. If changes occur, XtreamInternet will notify Customer by email to the email affiliated with Customer's account.

10.0 Termination

10.1 Either Party may terminate a Service Order: (a) upon thirty (30) days written notice to the other Party of the other Party's material breach of the Agreement or the applicable Service Order, provided that such material breach is not cured within such thirty (30) day period; (b) immediately, in the event that the other Party liquidates, is adjudicated as bankrupt, makes an assignment for the benefit of creditors, invokes any provision of law for general relief from its debtors, initiates any proceeding seeking general protection from its creditors, or is removed or delisted from a trading exchange (each a "Bankruptcy Event"); or (c) immediately, in the event that, after entering into such Service Order, XtreamInternet conducts a site survey and learns that the construction costs shall require a material increase in the Service Charges.

10.2 Upon the termination or expiration of a single Service Order: (a) obligations under that applicable Service Order shall immediately cease, (b) Customer shall immediately pay all amounts due under such Service Order, (c) Customer shall cease all use of any software provided by XtreamInternet under the Service Order, and shall return such software to XtreamInternet; and (d) Customer shall return to XtreamInternet or permit XtreamInternet to remove, in XtreamInternet's discretion, the XtreamInternet Equipment in the same condition as when received, ordinary wear and tear excepted.

10.3 Upon the termination or expiration of the Agreement, all Service Orders shall immediately terminate, and: (a) XtreamInternet's obligations under this Agreement shall cease; (b) Customer shall promptly pay all amounts due and owing to XtreamInternet for Services delivered prior to the date of termination or expiration; (c) Customer shall cease all use of any software provided by XtreamInternet; and (d) Customer shall return to XtreamInternet or permit XtreamInternet to remove the XtreamInternet Equipment.

10.4 In addition, in the event the Agreement is terminated by Customer for any reason other than XtreamInternet's material breach or a Bankruptcy Event, Customer shall, at XtreamInternet's discretion: (a) promptly pay XtreamInternet the full amount of the Service Charges that Customer would have been charged for the remainder of the Agreement Term; or (b) reimburse XtreamInternet for all volume, term or other discounts and credits provided in anticipation of full performance.

11.0 Indemnification

Customer shall defend, indemnify and hold harmless XtreamInternet, its affiliates, and its and its affiliates officers, directors, employees, agents, successors, authorized dealers, authorized distributors, and authorized resellers, and permitted assigns (each, an "Indemnified Party") from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses of whatever kind ("Losses") awarded against an Indemnified Party in a final judgment arising out of or resulting from any third party claim, suit, action or proceeding arising out of or resulting from Customer's (a) breach of any representation, warranty or obligation of this Agreement; (b) negligence, willful misconduct, abuse, misappropriation, misuse or more culpable act or omission; (c) death or bodily injury resulting from Customer's acts or omissions; (d) failure to comply with applicable laws; (e) use or combination of the Services with any hardware, software, system, network, service, or other matter not provided or authorized by XtreamInternet; or (f) use of the Services outside the purpose, scope or manner of use authorized by this Agreement.

12.0 Disclaimer of Warranty

CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE SERVICES AND USES THE SAME AT CUSTOMER'S OWN RISK. XTREAMINTERNET EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICES, AND XTREAMINTERNET EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH CONTENT. EXCEPT AS SET FORTH IN SECTION 4, THE SERVICES, XTREAMINTERNET SERVICES, EQUIPMENT AND XTREAMINTERNET MATERIALS ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

13.0 Limitation of Liability

IN NO EVENT SHALL XTREAMINTERNET BE LIABLE TO CUSTOMER, TO AN END USER OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE AGREEMENT, REGARDLESS OF WHETHER THE OTHER PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL XTREAMINTERNET'S AGGREGATE LIABILITY FOR ANY REASON AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT IN FEES PAID OR OWED BY CUSTOMER UNDER THE SERVICE ORDER THAT IS THE SUBJECT MATTER OF THE CLAIM IN THE SIX (6) MONTHS PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM.

14.0 Disclosure of Customer Information

Customer's privacy interests, including Customer's ability to limit disclosure of certain information to third parties, may be addressed by, among other laws, the Federal Telecommunications Act, the Federal Cable Communications Act, the Electronic Communications Privacy Act, and, to the extent applicable, state laws and regulations. For more information about how your privacy rights and how your data is used, transferred, and shared, please refer to the XtreamInternet Privacy Policy.

15.0 Force Majeure

Notwithstanding anything to the contrary in this Agreement, a Party shall have no liability to the other due to circumstances beyond its reasonable control, including, but not limited to, acts of God, terrorism, flood, fiber cuts, natural disaster, pandemics, endemics, regulation or governmental acts, fire, civil disturbance, weather, or any unauthorized access to or destruction or modification of the Services. Customer may terminate the affected Service Order(s) without penalty if a Force Majeure Event continues for more than sixty (60) consecutive days.

16.0 Entire Agreement

This Agreement sets forth the entire agreement between the Parties with respect to the subject matter hereof and supersedes all previous written or oral agreements or representations between the Parties with respect to such subject matter. Any amendments to this Agreement will take effect only upon a written Amendment signed by both parties.

17.0 Governing Law; Jurisdiction; Claims

The interpretation, validity and enforcement of this Agreement, and all legal actions brought under or in connection with the subject matter of this Agreement, shall be governed by the law of the State of Colorado without giving effect to any choice or conflict of law provision or rule. Any legal action brought under or in connection with the subject matter of this Agreement shall be brought only in the District Court for the County of Douglas, State of Colorado. Any claim that Customer wishes to assert under this Agreement must be initiated not later than one (1) year after the claim arose.

18.0 Severability; Waiver

In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties set forth herein and the remainder of this Agreement shall remain in full force and effect. No waiver of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default.

19.0 Assignment

Customer may not assign this Agreement without the prior written consent of XtreamInternet, and any assignment in violation of this section shall be null and void.

20.0 No Third Party Beneficiaries

This Agreement does not expressly or implicitly provide any third party (including users) with any remedy, claim, liability, reimbursement, cause of action, or other right or privilege.

21.0 Relationship of the Parties

The Parties to this Agreement are independent contractors. Neither Party is an agent, representative, or partner of the other Party. Neither Party shall have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other Party.

22.0 No Waiver

No failure by either party to enforce any rights hereunder shall constitute a waiver of such right(s).

23.0 Headings

The headings used herein are for reference only and shall not limit or control any term or provision of this Agreement or the interpretation or construction thereof.

24.0 Compliance with Laws

Each of the Parties agrees to comply with all applicable local, state and federal laws and regulations and ordinances in the performance of its respective obligations under this Agreement.

25.0 Survival of Limitations

All representations, warranties, indemnifications, and limitations of liability contained in this Agreement shall survive the termination of this Agreement; any other obligations of the parties hereunder shall also survive, if they relate to the period before termination or if, by their terms, they would be expected to survive such termination.

26.0 Communications

You consent to accept and receive communications from us, including but not limited to through e-mail, text message, and phone call. You may opt-out of receiving marketing communications by following the unsubscribe options we provide to you but some transactional messages are deemed to be part of the Services.

27.0 Entire Understanding

The Agreement constitutes the entire understanding of the parties related to the subject matter hereof. The Agreement supersedes all prior agreements, proposals, representations, statements, or understandings, whether written or oral, concerning the Services or the parties' rights or obligations relating to the Services.

28.0 Contact

If you have any questions regarding these Standard Terms and Conditions, please contact us at support@xtreaminternet.com.