Terms of Service for Wireless Internet Service

Provided by Verona Networks LLC

This is an agreement made between Verona Networks LLC and its Customers. By ordering Internet service from Verona Networks LLC or by using equipment or services provided by Verona Networks LLC, Customers accept the terms and conditions contained in this Agreement and agree to comply with its requirements. This agreement is effective upon the Activation Date specified on the "Subscriber Service Agreement", and remains in effect until terminated by either party according to the termination provisions specified herein. This document may be modified and updated from time to time, and the most current version is available on the Web at http://vntx.net/tos. New versions of this policy become effective at the time they are uploaded to our Web server.

Definitions

"Customer", "Subscriber", "You", "Yours", or "Yourself" means a person, corporation, or legal entity that contracts for or uses Verona Networks LLC's Wireless Networking Internet service. "Company", "Us", "We", or "Ours" means Verona Networks LLC. "Service" is defined as the use by the Subscriber of network connectivity and information services provided by Company and any access to services provided by others via the Global Internet or private interactions. "User" is you or anyone you allow to gain access to the Service from your premises, whether or not they have your consent. "Subscriber Service Agreement" is the service order form containing the specific details of connection speed, contract length, fees, payment arrangements, and other information needed to provision service.

Provision of Services

Verona Networks LLC will provide services on its computing and network systems and also provide the installation of necessary equipment (which includes but is not limited to radio, cables, connectors, antennas & standard mounting equipment) to you in exchange for payment of fees as described on the Subscriber Service Agreement, and compliance with the terms and conditions of this agreement and other Company policies. Your right to use the Service is not transferable.

Installation

The Service requires the installation of equipment at your premises and may require permanent modification of the premises to install cables, outlet boxes, antenna mounts, or other items. You agree to allow Verona Networks LLC's employees or contractors to install required equipment in the manner necessary to successfully deliver the service. We will make every commercially reasonable effort to provide a fully operational Service within 30 days of initial installation. This may require adjustments to the equipment such as relocation or re-aiming of the outdoor antenna, re-termination of cables, or configuration changes on the radio transceiver. In some situations, it will not be possible to establish a reliable link due to trees, buildings, or other obstructions. If we are unable to make the Service fully operational within 30 days after initial installation, either party may terminate this Agreement at no cost to either party. It is your responsibility to obtain any required permits or to gain landlord approval for the placement of the antenna and installation of equipment at your premises. Verona Networks LLC is not responsible for property contract violations or other results of this installation if you or your affiliates proposes ownership or false landlord.

Payment Policies & Terms

You will be billed approximately the 1st of each month for the next month's service. Payment is due to us within fifteen (15) days from the date of the invoice. Charges for accounts that are terminated, by either you or Verona Networks LLC, are not prorated and are due for the entire month. A fifteen-dollar ($15.00) late payment fee will be assessed on any account not paid within fifteen (15) days of invoice. Accounts remaining unpaid for thirty (30) or more days will be deemed delinquent. Delinquent accounts will accrue interest at 1.5% per month on all outstanding principle amounts until paid. Delinquent accounts will be placed on "accounting hold" and all services to you will be suspended until the account is paid in full. Accounts with a balance that is unpaid for sixty (60) or more days are subject to collection and will continue to accrue interest and be liable for any legal fees. Reactivation of a connection that has been placed on accounting hold requires full settlement of the unpaid balance and payment of a fifty dollar ($50.00) reconnection charge. Accounts that have been placed on accounting hold may only be settled by credit card, cashiers check, or money order.

Account Termination

You may terminate this Agreement by submitting a written request for termination to Verona Networks LLC via the email address, fax number, or postal address listed on our Web site. Requests received by us prior to the close of business on the fifth day prior to your billing date will have a termination date of the next billing date. Termination requests received by us after the close of business on the fifth day prior to your billing date through the fifth day prior to the next billing date will have a termination date of the second billing date following the date of receipt. Any Agreement terminated under this provision will be subject to a termination fee of $200, or the remaining balance of the contract, whichever is less. In the event of termination under this provision, all amounts remaining due and owing to Verona Networks LLC including aforesaid termination fee, will be due within thirty (30) days of termination. Accounts not paid within thirty (30) days of termination shall be deemed delinquent. This Agreement and your use of the Service may be terminated by us at any time with or without notice to you for any reason, including, without limitation, nonpayment of fees, or if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the Appropriate Use Policy.

Equipment & Scope of Work

All equipment deployed at your premises, (radios, antennas & standard mounting equipment, etc), will at all times remain the property of Verona Networks LLC. You shall not attempt modifications, adjustments, configuration changes, or otherwise tamper with our equipment. You may not sell, transfer, lease, encumber or assign all or part of the equipment to any third party. You will pay for the full retail cost of, or the cost of repair or replacement at our sole discretion, of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered, or assigned equipment or part thereof, together with any costs incurred by us in obtaining or attempting to obtain possession of any such equipment. Upon termination of this Agreement, You authorize us to retrieve Verona Networks LLC-owned equipment from your premises. We may elect to remove, or direct that you return, only the items that we deem to be valuable or reusable, and items such as in-wall junction boxes, cable, and brackets may, at the our sole discretion, be left in place. We are not obligated to return your premises to any specific condition.

Functionality and Standard Maintenance

The demarcation point ("demarc") for this service is the Ethernet port nearest the Ethernet port of the radio transceiver at the your premises. The technical support that we provide is limited to the connectivity itself and configuration of your computer and/or browser and email applications to work with the Service. Support for other applications and uses is not provided or implied unless it is a specifically contracted service. The Service will be considered to be fully operational and acceptable to you if Verona Networks LLC-owned diagnostic equipment connected at the demarc can transfer data to and from our Internal servers at the data rates specified in the Subscriber Service Agreement. Any trouble on your side of the demarc is the responsibility of you, your Network Administrator or vendor. Standard maintenance is limited solely to Verona Networks LLC's network and backbone connectivity. If your connection ceases to function properly after it has been tested and shown to be working, but our network is still functioning properly, a technician will be sent to diagnose the problem. If the problem is due to your negligence, or any of those items listed in the "Not Covered by Standard Maintenance" section, you will be billed for all labor, materials, and equipment required to restore the Service to full functionality.

Not Covered by Standard Maintenance Plan

Maintenance, repair or replacement of parts damaged or lost through act of God, catastrophe, accident, terrorism, war, lightning, neglect, misuse, theft, fault or negligence by you, or causes external to the wireless system, such as, but not limited to failure of, or faulty, electrical power or air conditioning, operator error, or malfunction of your computer and/or peripheral equipment not installed by Verona Networks LLC, or from any cause related to or other than the intended and ordinary use is not covered. Antenna re-aiming due to obstructions such as trees or buildings, or storm related damage is not covered, and we are not responsible for obstructions that may grow or be erected at your premises or elsewhere which may cause the radio signal to be blocked and the Service to degrade or become non-operational. Any re-aiming of antennas, or reconstruction of tower/mast assemblies will be billed to you at our standard hourly rates and may be subject to equipment costs. Verona Networks LLC is not liable for any damage to property as a result of above occurrences.

Service Outages

Routine maintenance and periodic system repairs, upgrades, and reconfigurations, public emergency or necessity, terrorism, upstream provider problems, restrictions imposed by law, acts of God, force majeure, labor disputes and other situations, including mechanical or electrical breakdowns may result in temporary impairment or interruption of service. Verona Networks LLC does not guarantee continuous or uninterrupted service and reserves the right to occasionally reduce or suspend service without notice.

Use of Services

You acknowledge and agree that certain content may be accessible through the Service which may contain material that is unsuitable for minors (persons under 18 years of age) and that while Verona Networks LLC does some screening of such content with regard to obscenity, we are not responsible for content delivered by the service with regard to copyright, obscenity, safety, integrity or reliability. You agree to supervise usage of the Service by any minors whom you may permit to use the Service. You agree that requests for changes to the sites we block must come from the account owner. Other members of the family or business must make any requests through the account owner. You agree to use this service only for lawful purposes. The transmission or reception of any material in violation of any local, state, federal, or international law or regulation is prohibited. This includes, but is not limited to, copyrighted material, threatening or obscene material, material protected by trade secret, or material that infringes upon the rights of others. You agree not to use any connectivity or computing resources provided by us to interfere with or disrupt network users, services, or equipment, on our network or on any other network reachable via the Internet. We do not promise or guarantee the security of your computer systems. You agree to accept all responsibility for protecting your computer systems from all harmful activity that may occur due to its connection to the Internet. You may not resell connection or bandwidth without specific written agreement from us. You may not provide connection or bandwidth to any network device not physically located within the premises. You are ultimately responsible for any and all activity that originates from your Internet connection regardless of your knowledge of such activity. This includes but is not limited to activity by other household members, friends and guests, employees, contractors, or visitors. This also applies to security breaches of your own system by others who launch attacks from your computers. Should you violate any provision of this section, Verona Networks LLC, at its sole, discretion may immediately suspend services to you and/or terminate this agreement. Our liability for termination of this Agreement under this provision shall be solely limited to a refund to you of any unearned prepaid service fees, less termination fees specified in the "Account Termination" section. Verona Networks LLC shall not be liable for any incidental or consequential damages as a result of the termination of the Agreement under this provision.

Bandwidth Utilization and Connection Speed

Overall network performance is determined partially by the amount of bandwidth Subscribers use. Verona Networks LLC can normally balance available bandwidth and Subscriber utilization to provide excellent service to all Subscribers. Subscribers will not be charged for bandwidth consumed, and Verona Networks LLC does not have specific limits or caps on bandwidth other than as defined in your Subscriber Service Agreement. If you use any Verona Networks LLC service in a manner which consumes excessive bandwidth or affects our core equipment, overall network performance, or other Subscribers' services, we may require that you cease or alter these activities, or pay additional fees for consumption of these resources. The "Connection Speed" specified in the Subscriber Service Agreement is the Maximum Information Rate that the connection will provide, but is not a guaranteed minimum rate. Verona Networks LLC charges for its service continuously regardless of whether or not you are using it.

Appropriate Use

Subscribers are prohibited from engaging in certain activities on Verona Networks LLC's network. We maintain a separate policy document, which describes these activities. That document, the Verona Networks LLC Appropriate Use Policy (AUP), is incorporated herein by reference. The AUP is subject to revision by us from time to time at our sole discretion. Although we will make an effort to notify you of any additions to, deletions from or changes in the policies, it is your responsibility to periodically review the AUP. The most current AUP is always available on our web site and accessible 24 hours a day at http://vntx.net/aup

LIMITATION AND DISCLAIMER OF LIABILITY AND WARRANTIES

VERONA NETWORKS LLC DOES NOT WARRANT THAT ITS SERVICES WILL MEET ANY SPECIFIC SUBSCRIBER REQUIREMENT, OR THAT IT WILL BE ERROR-FREE OR UNINTERRUPTED. Verona Networks SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST DATA, INFORMATION, OR PROFITS) SUSTAINED OR INCURRED IN CONNECTION WITH THE INSTALLATION, USE, OPERATION, OR INABILITY TO USE THE SERVICE, WHETHER CAUSED BY VERONA NETWORKS LLC'S OWN NEGLIGENCE, OR BY YOUR ERRORS OR OMISSIONS. VERONA NETWORKS LLC ASSUMES NO RESPONSIBILITY FOR THE CONTENT CONTAINED ON THE INTERNET OR OTHERWISE AVAILABLE THROUGH THE WIRELESS NETWORK OR FROM ANY SOURCE ACCESSIBLE VIA VERONA NETWORKS LLC's SERVICES. VERONA NETWORKS LLC DISCLOSES AND YOU ACKNOWLEDGE THAT THERE MAY BE CONTENT ON THE INTERNET OR OTHERWISE AVAILABLE THROUGH THE SERVICES PROVIDED BY VERONA NETWORKS LLC 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 CONTENT, OR OTHERWISE INAPPROPRIATE OR SEXUALLY EXPLICIT OR OFFENSIVE CONTENT. YOU ACKNOWLEDGE TO VERONA NETWORKS LLC THAT YOUR USE OF VERONA NETWORKS LLC's SERVICES TO ACCESS INFORMATION, CONTENT OR OTHER SERVICES IS AT YOUR OWN RISK. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXCLUDED.

Indemnification

You shall indemnify and hold harmless Verona Networks LLC and any of its underlying service providers, information providers, licensors, employees, contractors, officers, directors, or shareholders from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees, arising from or relating to your use of the Service, or any act, error, or omission by you or any user of your account in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Service; or violation of any applicable law.

Limitation Of Liability

In the event that a court should hold that the limitations of liabilities or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any remedies under this Agreement fail of their essential purpose, you expressly agree that under no circumstances shall our total liability to you or any party claiming by, through or under you for any cause whatsoever, and regardless of the form of action, whether in contract or in tort, including negligence, in the aggregate, exceed the amount of charges paid by you for use of the Service under this Agreement during the twelve-month period preceding the date such claim first arose.

Other Services

We may make certain other resources, such as Web services, email services, and UseNet news services available as features of our Service. If you use these resources, you shall indemnify and hold harmless Verona Networks LLC from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees, arising from or relating to your Web pages, email, or UseNet news postings or an end user's use thereof, or any act, error, or omission of yours in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; or violation of any applicable law.

Privacy and Law Enforcement

Verona Networks LLC will not trade, sell, or disclose to any third party any form of your specifically identifiable information without your consent (except as required by subpoena, search warrant or other legal process or in the case where failure to disclose information will lead to imminent harm to you or others). This includes information derived from registration, subscription, and use of the Service. We may collect and use your specifically identifiable information for billing, provisioning of service, to solve problems associated with service, and to inform you of new products or services that will better meet your needs. We will use this information to market products and services to you, but will not disclose or make available any specifically identifiable information to any third parties seeking to market products. If you choose not to participate in direct marketing of new products and services from us, that information will not be used for the purpose of marketing new products. We will cooperate with law enforcement officials in the pursuit of information or access to data when presented with appropriate authorization from a court having jurisdiction over the subject matter. You release and hold Verona Networks LLC harmless for any disclosure of information, including personally identifiable information, e-mail, confidential information or contact information, to such law enforcement officials. We will cooperate with requests for information accompanying subpoenas or similar court orders for disclosure of information in civil cases. You release and hold Verona Networks LLC harmless for any disclosure of information, including personally identifiable information, e-mail, confidential information or contact information, in response to such subpoenas or court orders.

Governing Law and Venue

The laws of the State of Texas 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 in Collin County, Texas.

Arbitration & Attorneys Fees

You agree that any controversy or claim arising between us out of or relating to this Agreement shall be settled exclusively by arbitration. Such arbitration shall be conducted in accordance with the commercial arbitration rules then in force of the American Arbitration Association. The arbitration award shall be final and binding on both parties. Judgment upon such arbitration award may be entered in any court having jurisdiction. You and Verona Networks LLC agree that should either party bring action for enforcement, interpretation or otherwise under this Agreement the prevailing party in such action shall be entitled to its attorney's fees and costs including those incurred in any appeal. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. No action, regardless of form, arising out of the Service or this Agreement may be brought by you or any party claiming by, through or under you more than one year after the cause of action has arisen.