Residential Services Agreement

1. Agreement. Customer agrees to be bound to this Agreement by: (i) executing a copy of the service order presented to Customer at the time of installation ("Service Order"), (ii) ordering a Service, or (iii) using one or more Services at Customer's location. Hillbilly Wireless may, in its sole discretion, change, modify, add or remove portions of this Agreement at any time by posting the amended Agreement on the Company website at www.HillbillyWireless.com, or by giving Customer notice in accordance with Section 22 of this Agreement.  Customer's continued use of the Services following such notice shall be deemed as Customer's acceptance to any revision in this Agreement.  If Customer does not agree to the revised Agreement, Customer must immediately notify Hillbilly Wireless of Customer's intent to terminate Service and return all Equipment.
2. Residential Use.  The Services provided are solely for Customer's personal, residential use and Customer shall not use Services for any commercial purpose.  Hillbilly Wireless shall have the right to determine, in its sole discretion, what constitutes a "commercial" purpose.
3. Access to Customer Premises.  Customer grants Hillbilly Wireless and its employees, representatives and/or agents the right to enter Customer's premises and access Equipment, the wiring within Customer's premises and Customer's computer(s) to install, connect, inspect, maintain, repair, replace, disconnect, remove or alter the Equipment, check for signal leakage, or install or deliver Hillbilly Wireless provided software ("Software").  Customer shall cooperate in providing such access upon request of Hillbilly Wireless.  If Customer is not the owner of the premises, Customer warrants that Customer has obtained the legal authority of the owner to authorize Hillbilly Wireless personnel and/or its agents to enter the premises for the purposes described herein.
4. Payment.  The charges for one month of Services, including any deposits and installation and Equipment charges, are due upon installation of the Services.  Thereafter, Customer agrees to pay monthly recurring Service charges and Equipment charges (if any) in advance, including all applicable fees, taxes, regulatory fees, franchise fees and other government assessments no later than the date indicated on Customer's bill.  Charges for non-recurring Services or Equipment charges will be reflected on Customer's subsequent bill at the then current applicable rates.  If Customer elects to pay by automatic recurring credit card, debit card or automatic clearing house payments, Customer authorizes Hillbilly Wireless to charge such accounts.  Failure to receive a bill does not release Customer from Customer's obligation to pay.  Failure to pay the total balance when due shall constitute a breach of this Agreement and may be grounds for termination of Service, removal of Equipment from Customer's premises and/or imposition of an administrative fee ("Administrative Fee") in accordance with applicable law.  Any Administrative Fee imposed on Customer is intended to be a reasonable advance estimate of costs of managing past due accounts.  Hillbilly Wireless does not extend credit to Hillbilly Wirelesses' Customers and the Administrative Fee is not interest, a credit service charge or a finance charge.
5. Additional Fees.  In addition to Customer's monthly recurring charges and any Administrative Fee, additional fees may be imposed, including fees for returned checks, charge card chargeback, early termination, reconnection and service calls.  Additional charges may also be imposed if collection activities are required to recover past due balances, including attorney fees.  A list of applicable fees is available from your local Hillbilly Wirelesses' office ("Schedule of Fees").  Hillbilly Wireless reserves the right to amend or change the Schedule of Fees from time to time.
6. Early Termination Fees.  If you cancel, terminate or downgrade the Service before the completion of any promotional term to which You agreed ("Initial Term"), you agree to pay Hillbilly Wireless an early cancellation fee of up to two hundred ($200.00) plus all outstanding charges for all Services used and Equipment purchased for which you have not paid us prior to termination.  You agree that early cancellation fees or any other fees may automatically be charged to your account and your credit or debit card provided to Hillbilly Wireless and you agree to pay such fees.
7. Security Deposits.  Customer acknowledges and agrees that Hillbilly Wireless may (a) verify Customer's credit standing with credit reporting agencies; (b) furnish information about you (including your social security number), your account(s) and your payment history to those credit reporting agencies; and (c) require a deposit based on Customer's credit standing or past payment history with Hillbilly Wireless.  A deposit does not relieve the Customer of the responsibility for the prompt payment of bills on presentation.  Security deposits paid by Customer for Equipment or Services may be used, to the extent permitted by law, to offset any unpaid balance or charges after termination of Service.  Customer shall remain liable for any outstanding balances after the security deposit has been applied.  Further terms and conditions of the security deposit may be contained in the deposit receipt given to Customer at the time the security deposit is collected.
8. Disputed Charges.  Customer must notify Hillbilly Wireless in writing of billing errors disputes or requests for credit within thirty (30) days after Customer receives the bill for which correction of an error or credit is sought.  The date of the dispute shall be the date Hillbilly Wireless receives sufficient documentation to enable Hillbilly Wireless to investigate the dispute.  The date of the resolution is the date Hillbilly Wireless completes its investigation and notifies the Customer of the disposition of the dispute.
9. Adjustments or Refunds.  Any adjustment or refund shall be an amount equal to the pro-rata part of the monthly charges applicable to the interrupted Service and associated Equipment charges for the period of time during which the Service is interrupted.  The adjustment or refund will be accomplished by a credit on a subsequent bill for Service.  Except as otherwise expressly provided in this Agreement, the liability of Hillbilly Wireless, its officers, shareholders, directors, employees, affiliates, vendors, carrier partners, content providers and other persons or entities involved in providing the Services or Equipment (collectively, the "Hillbilly Wireless Parties") for damages shall in no event, by reason of any delays, interruptions, omissions, errors, failures or defects in installation or service, exceed an amount equal to the Customer's Service charges and associated Equipment fees for a regular billing period  ("Maximum Credit").  No credit allowance will be made for:
   1. interruptions of Service due to the negligence of or noncompliance with the provisions of the Agreement by Customer or any person authorized by customer to use the Service;
   2. interruptions of Service due to the negligence of any person other than Hillbilly Wireless including, but not limited to, the other common carriers connected to the Hillbilly Wirelesses' facilities;
   3. interruptions of Service due to the failure or malfunction of Customer owned equipment or third party equipment;
   4. interruptions of Service during any period in which Hillbilly Wireless is not given full and free access to its facilities and Equipment for the purpose of investigating and correcting interruptions,
   5. interruptions of Service during a period in which Customer continues to use the Service on an impaired basis;
   6. interruptions during any period when the interruption is due to implementation of a Customer order for a change in Service arrangements;
   7. interruptions of Service due to circumstances or causes beyond the control of Hillbilly Wireless.
   8. Limitation of Refund.  Unless otherwise provided by applicable law, in the event any amounts owed by Hillbilly Wireless to Customer are not claimed by Customer within one year of the date on which the amount became payable to Customer, Customer shall forfeit all rights to the refund and all such amounts shall become the property of Hillbilly Wireless. 
10. Equipment And Software.  Any network facilities, Software, cabling or Equipment installed or provided by Hillbilly Wireless will remain the property of Hillbilly Wireless.  Customer will acquire no ownership or other interest in the network facilities, cabling, Software or Equipment by virtue of payments made pursuant to this Agreement or by the attachment of any portion of the network facilities, cabling or Equipment to Customer's residence or premises.
    1. Misuse of Equipment.  Customer will not open, alter, misuse, or tamper with the Equipment. Customer will not remove Equipment from the location where Equipment was installed.  Customer will not remove any markings or labels from the Equipment.  Customer agrees to safeguard the Equipment from loss or damage of any kind, and (except for any self installation procedures approved by Hillbilly Wireless) will not permit anyone other than a Hillbilly Wireless authorized representative to perform any work on the Equipment.
    2. Return of Equipment.  If Customer's Service is terminated or cancelled (for whatever reason), Customer agrees that Customer no longer has the right to keep or use the Equipment and Customer must promptly return the Equipment.  The Equipment must be returned to Hillbilly Wireless in the same condition as when received, ordinary wear and tear excepted. If Customer fails to return the Equipment, Customer will pay any expenses Hillbilly Wireless incurs in retrieving the Equipment.  Failure of Hillbilly Wireless to remove the Equipment does not mean that Hillbilly Wireless has abandoned the Equipment.  Hillbilly Wireless may continue to charge Customer a monthly Service fee until any remaining Equipment is returned, collected by Hillbilly Wireless or fully paid for by Customer.
    3. Damaged or Lost Equipment.  If the Equipment is damaged by Customer, destroyed, lost or stolen while in Customer's possession, Customer is responsible for the cost of repair or replacement of the Equipment.
    4. Operation of Equipment.  The Customer agrees to operate any Equipment in accordance with instructions of Hillbilly Wireless or Hillbilly Wirelesses' agent.  Failure to do so will relieve the Hillbilly Wireless Parties of liability for interruption of Service and may make the Customer responsible for damage to Equipment.
    5. Tests and Inspections.  Upon reasonable notification to the Customer, and at a reasonable time, Hillbilly Wireless may make such tests and inspections as may be necessary to determine that the Customer is complying with the requirements set forth herein.
    6. Software.  Customer agrees to comply with the terms and conditions of any Software license agreement provided with the Software.  The Software shall be used solely in connection with the Services and Customer will not modify, disassemble, translate or reverse engineer, the Software.  If Customer's Service is terminated, Customer will promptly return or destroy all Software provided by Hillbilly Wireless and any related written materials.  Hillbilly Wireless will have the right to upgrade, modify and enhance the Equipment and Software from time to time through "uploads."
    7. Repair.  Hillbilly Wireless will repair and/or replace defective Software or Equipment provided such damage was not caused by misuse, neglect or other fault of Customer.  Hillbilly Wireless is not responsible for the operation, maintenance, service or repair of any Customer's equipment, including, but not limited to, televisions, computer devices, remote controls or other consumer electronics, including any hardware or third party software, which may be connected to the Services ("Customer Equipment").
11. Prohibitions/Theft of Service.  Customer shall not intercept, receive or assist in the interception or receipt of, resell, distribute or duplicate any Services.   In no event shall Customer use the Services and/or Equipment to engage in any illegal or prohibited activity.
12. Customer Liability for Users.  Customer must be at least eighteen years of age to subscribe to Services.  Customer is responsible for any access, use or misuse of the Services and/or Equipment that may result from access or use by any other person who has access to Customer's premises, equipment or account.  Customer is responsible for ensuring that all persons who use Customer's subscribed to Services ("Users") understand and comply with all terms and conditions applicable to the Services.
13. Privacy Policy.  Customer's privacy interests, including Customer's ability to limit disclosure of certain information to third parties, are addressed by, among other laws, the Communications Act and the Electronic Communications Privacy Act.  Customer acknowledges receipt of Hillbilly Wirelesses' privacy policy ("Privacy Policy") governing the collection, use and disclosure of Customer personally identifiable information.  The Privacy Policy may also be found on Hillbilly Wirelesses' website ( www.Hillbilly Wireless.com ).
14. Termination.  Hillbilly Wireless may terminate this Agreement immediately at any time, without prior notice, if Customer or a User fails to fully comply with the terms of this Agreement, its components and Hillbilly Wirelesses' Acceptable Use Policy ("AUP") or for any other reason or no reason.  If Hillbilly Wireless terminates Service due to a violation of this Agreement or Hillbilly Wirelesses' policies, Customer may be subject to additional fees and charges, including disconnect and termination fees and Hillbilly Wireless may also exercise other rights and remedies available under law.
15. Customer Obligations Upon Termination.  Customer agrees that upon termination of any Service, Customer will immediately cease use of the Equipment and any Software, and; Customer will pay in full the charges for Customer's use of the Service and the Equipment through the later of: (i) the effective date of termination of the Service, (ii) if applicable, the expiration of any promotional term, or (iii) the date when the associated Equipment or Software has been returned to Hillbilly Wireless.
16. No Waiver.  The failure of Hillbilly Wireless to enforce this Agreement and any of its components, for whatever reason, shall not constitute a waiver of any right of Hillbilly Wireless or the ability to assert or enforce such right at any time in the future.
17. No Assignment.  Customer may not assign, or transfer in any manner, the Services or any rights associated with the Services.
18. No Warranty; Limitation of Liability.  CUSTOMER AGREES THAT THE SERVICES AND EQUIPMENT ARE PROVIDED BY Hillbilly Wireless ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.  THE Hillbilly Wireless PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EQUIPMENT WILL WORK AS INTENDED. CUSTOMER FURTHER AGREES THAT ALL USE OF THE SERVICES ARE PROVIDED AT CUSTOMER'S SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR CUSTOMER'S OR ANY USER'S USE OF THE SERVICES.
    EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL THE Hillbilly Wireless PARTIES BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, RESULTING DIRECTLY OR INDIRECTLY OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES) AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER'S RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. 
    
    THE Hillbilly Wireless PARTIES MAKE NO WARRANTIES THAT THE SERVICE, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT. 
    
    THE Hillbilly Wireless PARTIES MAKE NO WARRANTY AS TO THE SECURITY OF CUSTOMER'S COMMUNICATIONS VIA Hillbilly Wirelesses' FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR CUSTOMER'S COMMUNICATIONS.  CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE CUSTOMER'S COMMUNICATIONS AND THAT THE Hillbilly Wireless PARTIES WILL NOT BE LIABLE FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. 
    
    IF CUSTOMER RESIDES IN A STATE WHICH LAWS PREVENT CUSTOMER FROM TAKING FULL RESPONSIBILITY AND RISK FOR CUSTOMER'S USE OF THE SERVICES AND/OR EQUIPMENT, Hillbilly Wirelesses' LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW.  IN NO EVENT SHALL LIABILITY EXCEED THE AMOUNT OF DIRECT DAMAGES FOR INJURY TO PROPERTY OR PERSON CAUSED BY Hillbilly Wirelesses' WILLFUL OR GROSS NEGLIGENCE OR, FOR ALL OTHER CLAIMS, THE MAXIMUM CREDIT.
19. Indemnification.  Customer agrees to defend, indemnify and hold harmless the Hillbilly Wireless Parties from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Service and Equipment by Customer or otherwise arising out of the use of Customer's account or any equipment or facilities in connection therewith, or the use of any other products or services provided by Hillbilly Wireless to Customer. Customer agrees to indemnify and hold harmless the Hillbilly Wireless Parties against claims, losses or suits for injury to or death of any person, or damage to any property which arises from the use, placement or presence or removal of Hillbilly Wirelesses' Equipment, facilities and associated wiring on Customer's premises and further, Customer indemnifies and holds harmless the Hillbilly Wireless Parties against claims for libel, slander, or the infringement of copyright arising directly or indirectly from the material transmitted over the facilities of Hillbilly Wireless or the use thereof by Customer; against claims for infringement of patents arising from combining with or using in connection with, facilities furnished by Hillbilly Wireless, and apparatus, Equipment, and systems provided by Customer; and against all other claims arising out of any act or omission of Customer in connection with the Services or facilities provided by Hillbilly Wireless.
20. Binding Arbitration.

1. Procedure.  All arbitration shall be initiated and conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association ("AAA").  The AAA shall appoint the arbitrator.  The party initiating arbitration shall give notice to the other party by mailing a copy of the request for arbitration to the other party at the addresses on the Service Order.
2. Private Statute of Limitations.  Arbitration must be initiated by Customer within one (1) year of the date of the occurrence of the event or facts giving rise to the dispute (except for billing disputes which must be initiated within thirty (30) days).  Customer waives any claim not filed in accordance with the previous sentence. 
3. Waiver of Class Action.  All parties to the arbitration must be individually named and there shall be no right or authority for any claims to be arbitrated or otherwise tried on a class action or consolidated basis or through a representative.  The arbitrator may not consolidate proceedings or more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
4. Award.  An arbitrator may not award relief in excess of or contrary to what this Agreement provides or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or applicable declaratory relief.
5. Forum.  Arbitration of claims will be conducted in such forum and pursuant to such laws and rules related to commercial arbitration in the state of Missouri that are in effect on the date of the notice to arbitrate.
21. Severability.  If any term or condition of this Agreement shall be adjudicated or determined as invalid or unenforceable by a court, tribunal or arbitrator with appropriate jurisdiction over the subject matter, the remainder of the Agreement with respect to such claim shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law.
22. Notice. Hillbilly Wireless may deliver any required or desired notice hereunder to Customer by posting the notice on Hillbilly Wirelesses' web site, or by sending notice via e-mail or first class U.S. postal mail to Customer's billing address. Hillbilly Wireless may also deliver any required or desired notice hereunder to Customer by contacting the telephone number on Customer's account. Customer agrees that any one of the foregoing will constitute sufficient notice. Because Hillbilly Wireless may from time to time notify Customer about important information regarding the Services, AUP, Privacy Policy and the Agreement by such methods, Customer agrees to regularly check his or her postal mail, e-mail and all postings on the Hillbilly Wireless web site (www.Hillbilly Wireless.com) and Customer bears the risk of failing to do so.
23. No Relationship.  Nothing in this Agreement will create any joint venture, joint employer, franchisee-franchisor, employer-employee or principal-agent relationship between Hillbilly Wireless and any content, backbone, network, circuit and other technology or communications providers, software and other licensors, hardware and equipment suppliers or other third party providers of elements of the High Speed Internet Service, nor impose upon any such companies any obligations for any losses, debts or other obligations incurred by the other.
24. Survival.  All representations, warranties, indemnifications, dispute resolution provisions and limitations of liability contained in this Agreement shall survive the termination of this Agreement, as well as any other obligations of the parties hereunder which, by their terms, would be expected to survive such termination or which relate to the period prior to termination (including legal conditions, payment, and Hillbilly Wireless rights and the rights of others).
25. Force Majeure.  Hillbilly Wireless Parties shall not be liable for any delay or failure of performance or Equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, explosion or other catastrophes; any law, order, regulation, direction, action or request of the United States government or of any other government including state and local governments having or claiming jurisdiction over Hillbilly Wireless, or of any department, agency, commission, bureau, corporation or other instrumentality of any one or more of these federal, state, or local governments or of any military authority; preemption of existing service in compliance with national emergencies, acts of terrorism, insurrections, riots, wars, unavailability of rights-of-way, material shortages,  strikes, lockouts, or work stoppages.
26. Entire Agreement.  This Agreement, the Service Order, the Privacy Policy, the Fee Schedule and the AUP constitute the entire agreement between the parties and supersede and nullify all prior understandings, promises or undertakings with respect to the Services and/or Equipment.

27. Additional Services.  The High Speed Internet Service provided to customer allows access to certain Hillbilly Wireless proprietary Services, in addition to other services or features available over the Internet.  Customer understands that he/she may incur additional charges while using these other services or while engaging in forms of e-commerce.  All such charges shall be paid by Customer and are not the responsibility of Hillbilly Wireless.
28. Authorized Connections.  Hillbilly Wireless agrees to provide Customer with the number and type of High Speed Internet Service connection(s) at the Customer Locations as stated on the Service Order.  Customer shall not exceed the number, types or location of such authorized connections.
29. Peripheral Equipment.  Customer understands and agrees that, to be operational, the High Speed Internet Service may require additional equipment.  If Hillbilly Wireless is providing Customer with a cable modem, the cable modem shall remain Equipment. If Customer has purchased a cable modem (whether from Hillbilly Wireless or from a third party) the cable modem shall be Customer Equipment. Customer represents that it owns the Customer Equipment or otherwise has the right to use such equipment in connection with the High Speed Internet Service.  Hillbilly Wireless shall have no obligation to provide, maintain or service the Customer Equipment. Customer agrees not to use the Equipment for any purpose other than to use the High Speed Internet Service pursuant to this Agreement.
30. Minimum Equipment.  Customer agrees that the Customer Equipment utilizing the High Speed Internet Service must meet the minimum computer requirements outlined in the informational literature Hillbilly Wireless has provided and as may be amended from time to time.  If Customer proceeds with the installation of or uses the High Speed Internet Service utilizing Customer Equipment that does not meet the minimum requirements (a "Non-Recommended Configuration"), Customer agrees that (i) Customer will not be entitled to customer support from Hillbilly Wireless relating to any issues other than the quality of the signal delivered to the Customer's receptacle, and (ii) Customer understands and agrees that Customer may not be able to successfully install, access, operate, or use the High Speed Internet Service with the Non-Recommended Configuration. CUSTOMER ACKNOWLEDGES THAT ANY INSTALLATION, ACCESS, OPERATION OR USE OF NON-RECOMMENDED CONFIGURATIONS COULD CAUSE DAMAGE TO CUSTOMER EQUIPMENT, INCLUDING, WITHOUT LIMITATION, CUSTOMER'S COMPUTER, PERIPHERALS, SOFTWARE, OR DATA. NEITHER Hillbilly Wireless NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. The foregoing limitation of liability is in addition to and shall not limit any other limitation of liability set forth in this Agreement.
31. Upgrades.  Customer acknowledges that the Equipment is merely a means through which the High Speed Internet Service is provided by Hillbilly Wireless and may be removed or changed by Hillbilly Wireless at its discretion as it deems appropriate, including through "uploads" to Customer's computer(s) or otherwise. Whether the cable modem is owned by Customer or Hillbilly Wireless, Hillbilly Wireless shall have the unrestricted right, but not the obligation, to upgrade the firmware in the cable modem at any time that Hillbilly Wireless, in its sole discretion, determines it is necessary or desirable. Customer assumes all responsibility for any degradation in or problems from the failure to upgrade. Hillbilly Wireless does not represent, warrant or covenant that installation and modifications of peripheral devices, including Network cards, computer equipment, software, computer files and other system configuration files necessary to operate the High Speed Internet Service will not disrupt or delay the normal operations of Customer's computer device(s) or associated equipment.  Hillbilly Wireless shall have no liability whatsoever for any loss, damage or outage resulting from the above. Upon Customer request and, at Hillbilly Wirelesses' sole discretion, for an additional charge, Hillbilly Wireless or its agents may install certain software, an extra cable receptacle, a cable modem and associated equipment for operation of the High Speed Internet Service.  If installed by Hillbilly Wireless, Hillbilly Wireless shall use reasonable efforts to install the High Speed Internet Service to a fully operational status.
32. Back-Up.  Customer agrees to either back-up all existing computer files prior to installation of any Equipment to Customer's computing device or accept sole responsibility for lost or damaged files, data or programs.  In all events, Hillbilly Wireless shall have no liability whatsoever for any damage or loss or destruction of any of Customer's software, files, data or peripherals.
33. Prohibited Uses.  Customer shall not and shall not allow others to use the High Speed Internet Services to violate Hillbilly Wireless' AUP that is provided to Customer from time to time in accordance with Section 22 and/or as posted on Hillbilly Wireless' web site.
34. Termination.  In addition to Hillbilly Wirelesses' termination rights set out elsewhere in this Agreement, Hillbilly Wireless may terminate all Services, including the High Speed Internet Services if Hillbilly Wireless reasonably believes that Customer has engaged in or is engaging in any of these prohibited activities and Hillbilly Wireless reserves the right to pursue any damages or remedies from such activities, including any direct or indirect costs, expenses or fees incurred by Hillbilly Wireless and/or its affiliates.  Following the termination of Customer's High Speed Internet Service account for any reason, Hillbilly Wireless is authorized to delete any files, programs, data, e-mail addresses and e-mail messages associated with such account.  Such deletion may include Customer forfeiting his/her account user names, all e-mail, IP and web space addresses.  Any incoming e-mail to Customer's canceled account will not be forwarded to another account.  Hillbilly Wireless shall have no liability whatsoever as the result of the loss or destruction of any information, data, names or addresses.
35. Network.  Hillbilly Wireless utilizes a network that allows bi-directional access to the Internet.  The network is not intended to protect Customers from hackers, viruses or other harmful elements that may result from participation in High Speed Internet Services, and as such, Customer should not rely on the network to provide such protection.  Hillbilly Wireless may run third party virus check software or other protection measures over its network to scan e-mails or Internet activity; however, Hillbilly Wireless does not represent, warrant or covenant that such software will detect, repair or correct any or all viruses or other harmful code or software.
36. E-mail.  Customer must adhere to the e-mail policies provided in the AUP. As part of the subscription to High Speed Internet Services, Customer will be provided with the ability to set up mail addresses for the number of e-mail addresses specified on Customer's Service Order. Customer is responsible for the set-up and proper usage of these addresses. All e-mail accounts within Customer's account are limited to 2.5 megabytes of storage space on the network. Hillbilly Wireless reserves the right to modify, delete or correct any accounts that exceed the megabyte limitation, and modify the size of Customer's storage space, at Hillbilly Wireless' sole discretion and without notice. To preserve e-mail for longer periods, Customer can set its e-mail account so that e-mail is automatically stored on Customer's computer's hard-drive when Customer opens it. Please check the Help section on Customer's e-mail access program (e.g., Outlook Express). Hillbilly Wireless reserves the right to place additional limitations on Customer’s e-mails on the Hillbilly Wireless network, including without limitation, maximum message size, maximum number of recipients per message, and maximum number of messages per server connection. Hillbilly Wireless reserves the right to reclaim any and all inactive e-mail addresses and accounts from Customer at Hillbilly Wireless' sole discretion and without notice, whether such are inactive as a result of the termination or cancellation of High Speed Internet Service regardless of the reason for such cancellation or termination, or inactive as a result of a lack of access by Customer to the account and/or e-mail address for a period of twelve months or greater.
37. Computer Security.  Hillbilly Wireless may provide, offer for sale or subscription, or otherwise make available, software or services for e-mail filtering, anti-virus scanning and other e-mail security solutions for the convenience of Customers.  Hillbilly Wireless shall not be responsible for nor have any liability with regard to the e-mail that Customer or its authorized Users receive, nor for any loss or filtered e-mail, nor for the failure to prevent virus delivery or infection.  Hillbilly Wireless Parties are not responsible or liable for the forwarding or inability to forward e-mail sent to any other e-mail account.  E-mails sent to suspended or terminated accounts may be returned to sender, ignored, deleted or stored temporarily at Hillbilly Wireless' sole discretion.
38. Personal Web Pages and Content.  Customer may create personal web pages. Customer may not use the High Speed Internet Service for commercial or business purposes.  On such personal web pages, Customer can design, maintain, and publish texts, diagrams, illustrations, audio clips and related materials for access by a global audience.  Customer is solely responsible for any information, materials or content that Customer publishes on its web pages or otherwise makes available on the Internet.  Customer should take appropriate precautions to prevent minors from receiving inappropriate content.  Hillbilly Wireless and its affiliates reserve the right to refuse to post and/or to remove any information, materials or content, in whole or in part, that it deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.
39. Accuracy of Content.  Customer understands and agrees that by using the High Speed Internet Service, Customer and/or User may be exposed to materials or content that is offensive, indecent, sexually explicit, objectionable, or that may violate federal, state or local laws, rules or regulations or may violate the protected rights of the Customer or others. Customer also understands that the technical processing and transmission of the High Speed Internet Service, including Customer's content or material, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices; and that under no circumstances will the Hillbilly Wireless Parties be liable in any way for any claims, losses, actions, suits, proceedings, or any damages relating to any content, including, but not limited to, any errors or omissions in any content, access to such content or material by Customer or others, or incurred as a result of the use of any content posted, or otherwise transmitted via the High Speed Internet Service. Customer acknowledges that software programs claiming to be capable of restricting access to sexually explicit material on the Internet are commercially available.  The Hillbilly Wireless Parties make no representation or warranty regarding the effectiveness of such programs.
40. Scheduled Service Repair, Maintenance or Upgrade.  Hillbilly Wireless may from time to time schedule Service repair, maintenance or upgrades to provide Customer with High Speed Internet Service.  Customer shall not receive High Speed Internet Service credits for such scheduled repairs, maintenance or upgrades.   If there is a known and unscheduled High Speed Internet Service interruption in excess of 24 consecutive hours (or in excess of such lesser time period pursuant to local law), Hillbilly Wireless, upon prompt notification of such failure to interruption by Customer, may provide Customer with a pro-rata credit relating to such failure or interruption.  Hillbilly Wireless Parties will not be liable for any direct, incidental or consequential damages or losses from any interruption in High Speed Internet Service.
41. Changes to High Speed Internet Services.  Hillbilly Wireless may also, at any time and in its sole discretion, without notice, change, add to or remove portions of the High Speed Internet Service (including, without limitation, content, functionality, hours of availability, Equipment requirements, speed, upstream and downstream limitations, Service features, storage capacity, and protocol filtering) and/or institute or otherwise change fees and charges for the High Speed Internet Service.  If Customer is dissatisfied with such changes or the High Speed Internet Service after such changes, Customer's only right and remedy is to cancel his/her subscription to the High Speed Internet Service.
42. Service Usage.  Hillbilly Wireless has no obligation to track High Speed Internet Service usage of Customer; however, as a part of the provision of Service and in order to protect from unauthorized reception of Service, Hillbilly Wireless may track through its cable television system and/or network certain usage, usage patterns and/or selections indicated by Customer or other information necessary to satisfy any law or regulation to properly operate the High Speed Internet Service and/or to protect Hillbilly Wireless, its cable television system, network, Services, Equipment and/or Customers.
43. Network Integrity.  Hillbilly Wireless reserves the right to protect the integrity of its network and resources by any means it deems appropriate.  This includes, but is not limited to: port blocking, e-mail virus scanning, denying e-mail access or transmission, and putting limits on bandwidth and e-mail usage.
44. Internet Access Speeds,  Customer agrees that actual Internet speeds that are experienced at any time will vary based on a number of factors, including the capabilities of Customer's computer equipment, Internet congestion, the performance of network servers and routers, the technical properties of websites visited, environmental factors, the content and applications accessed, the condition of any lines between these two points, and any network management tools and techniques employed by Hillbilly Wireless.
45. Bandwidth, Data Storage and Other Limitations.  Customer agrees to comply with Hillbilly Wireless' bandwidth, data storage and other limitations of the High Speed Internet Service as established and modified by Hillbilly Wireless from time to time. Hillbilly Wirelesses' High Speed Internet Service may include a specific allowance of bandwidth consumption for use during each of your monthly billing cycles at no additional charge. Consumption of bandwidth in excess of the allowance will be charged an additional amount at the rates stated on your bill. Unused amounts of the bandwidth allowance expire at the end of your monthly billing cycle and do not carry over to subsequent billing cycles. It is your responsibility to secure your personal network, and monitor and manage your bandwidth usage, which you may check using the online usage monitor available through your individual account at www.Hillbilly Wireless.net. Customer agrees that its bandwidth usage activity will not improperly restrict, inhibit or degrade any other user's use of the High Speed Internet Service, nor represent (in Hillbilly Wireless' sole judgment) an unusually large burden on the network.  Customer also agrees that its activity will not restrict, inhibit, disrupt, degrade or impede Hillbilly Wireless' ability to deliver and track its High Speed Internet Service, backbone, network nodes and/or other network services.
46. Sole Risk.  Use of the High Speed Internet Services provided by Hillbilly Wireless, in addition to third-party products or services provided by or accessed through the High Speed Internet Service or the Internet is at Customer's sole risk and Customer acknowledges that the High Speed Internet Services are provided "AS IS."   Accordingly, any information sent through or over the network is sent at Customer's sole risk.
47. Customer Security.  When Customer's computer device is connected to a cable modem, it constitutes a "local" segment of the network.  All of Customer's traffic to or from this local segment will be reflected by the cable modem in an unencrypted format onto the network (unless separate encryption technology is utilized) and will be subject to eavesdropping by third parties.  Further, through the use of file and print sharing features, third parties outside of Customer's premises may be able to access Customer's computer devices across the network and access Customer's software, files and data.  Any Customer who chooses to subscribe to Hillbilly Wireless' High Speed Internet Services and enables capabilities such as file sharing, print sharing or other capabilities that allow third party computer access, does so at his/her own sole risk.  Customer is solely responsible for any security devices Customer chooses to connect or install on his/her computer device, in addition to any transmissions to or from Customer or its authorized Users. Hillbilly Wireless Parties shall not be liable or responsible for any unauthorized sharing, access, eavesdropping or any associated risks.
48. Enforcement of Policy and AUP.  Customer authorizes Hillbilly Wireless and its affiliates to cooperate with law enforcement authorities in the investigation or prosecution of criminal violations, and with system administrators at other Internet service providers or other network computing facilities to enforce this Agreement, the AUP and other applicable terms and conditions of the High Speed Internet Service.  Such cooperation may include providing certain Customer identifying information to these parties.
49. Customer's Agreement To Indemnify For Misuse.   MISUSE OR CERTAIN USE OF THE HIGH SPEED INTERNET SERVICE MAY RESULT IN CLAIMS BY THIRD PARTIES AGAINST Hillbilly Wireless AND/OR ITS AFFILIATES, MEMBERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND CONTRACTORS.  AS A PRACTICAL MATTER, Hillbilly Wireless CANNOT MONITOR OR CONTROL THE ACTIVITIES OF CUSTOMERS OR USERS TO PREVENT THESE CLAIMS. CUSTOMER AND EACH USER, JOINTLY AND SEVERALLY, AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Hillbilly Wireless, ITS AFFILIATES AND THIRD PARTIES WHO CONTRIBUTE TO THE HIGH SPEED INTERNET SERVICE FROM ANY AND ALL CLAIMS, SUITS, PROCEEDINGS, INVESTIGATIONS, LIABILITIES, JUDGMENTS, LOSSES, DAMAGES, EXPENSES OR COST (INCLUDING ATTORNEYS' FEES AND INVESTIGATION EXPENSES) THAT DIRECTLY OR INDIRECTLY RESULT FROM, ARISE OUT OF OR RELATE TO: (i) ANY VIOLATION OF THIS AGREEMENT OR ANY APPLICABLE LAW BY THE CUSTOMER OR USER; (ii) THE USE OF THE SERVICE, INTERNET OR THE POSTING, PLACEMENT OR TRANSMISSION OF ANY CONTENT, SOFTWARE OR OTHER MATERIALS BY THE CUSTOMER OR USER; (iii) INFRINGEMENT OR VIOLATION OF ANY PERSON'S PROPERTY, CONTRACTUAL OR OTHER PROPRIETARY RIGHTS, INCLUDING COPYRIGHT, PATENT TRADE SECRET AND TRADEMARK RIGHTS; OR (iv) ANY ACTIVITY, OMISSION OR USE RELATED TO CUSTOMER'S HIGH SPEED INTERNET SERVICE ACCOUNT.
50. Tracking Devices and Viruses.  Customer acknowledges that accessing certain websites through the High Speed Internet Service may result in "cookies" and other tracking devices to be entered in Customer's computer equipment and stored on Customer's browser.  It is Customer's responsibility to disable the entry of "cookies" or other tracking devices following procedures, if available, on Customer's browser.  Customer further acknowledges that using the High Speed Internet Service may result in harmful viruses being downloaded and stored on Customer's computer.  It is Customer's responsibility to protect Customer's computer and data from harmful viruses by installing firewall and other anti-virus software on Customer's computer.