HarborLink Network, Ltd. Premium Service Terms of Agreement

READ THIS AGREEMENT CAREFULLY BEFORE USING THE HARBORLINK PREMIUM SERVICE.

1. AGREEMENT
This is an agreement between HarborLink Network, Ltd and you to provide HarborLink Premium Service ("the Service"). By establishing an account and using the Service, you agree to be bound by this Agreement, including future revisions and to use the Service in compliance with the current HarborLink Acceptable Use Policy. The most recent versions of HarborLink’s Acceptable Use Policy may be found at:  www.harborlink.net/AUP.html.

2. THE SERVICE
The Service is defined as wireless broadband Internet access at one of our participating HarborLink Premium Service locations.  Each location operates separately of each other and accounts DO NOT TRANSFER between locations.  The Service term is 1 days to 12 months depending on the plan you choose. From time to time HarborLink may impose reasonable rules and regulations regarding the use of the Service. HarborLink reserves the right to change prices of the Service without notice.  Your pricing will not be affected by any change until your paid period expires. HarborLink reserves the right to change features of the Service at any time. Current Service prices and features may be obtained by visiting our website www.HarborLink.net or by calling (937) 294-2954.

The Service speed and quality can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of HarborLink. HarborLink does not guarantee upload, download, or network speeds or quality.

3. PAYMENT
The charges for this service can be found at: www.harborlink.net/locations/sinclair/Premium.html

You agree to be billed all charges prior to using the service. HarborLink may charge for taxes and other applicable fees.

HarborLink may offer, from time to time, certain promotions with different terms, activation fees, and monthly charges. You must provide accurate billing information including legal name, address, telephone number, and credit card/billing information, and report all changes to this information immediately. You agree to pay all taxes, surcharges, and fees set by the government. We may not always give advance notice of changes to these items.

You are responsible for any charges to your account. Questions regarding charges to an account should be directed to HarborLink's Customer Service Department at 937.294.2954. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.

HarborLink is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by HarborLink. You agree to maintain valid and current credit card information on file with HarborLink at all times.

Delinquent accounts may be suspended or canceled at HarborLink's sole discretion.

4. CANCELLATION
HarborLink only accepts cancellation by phone, fax, or U.S. Mail. We do NOT accept cancellations by email. We do not grant refunds or credits for any prior use including partial use during the last month of cancellation. If you do cancel by one of the prescribed methods and are mistakenly billed again, we will refund any erroneous charges upon proof of cancellation. To cancel the Service you must call 937-294-2954 or send registered or certified mail, return receipt requested, to HarborLink Network, Ltd., 3131 S. Dixie Drive, Suite 500, Dayton, OH, 45439. You may also cancel by fax to: 937-294-8643. Please include your name, Premium Service Location Name (i.e. Sinclair Community College), and email address used to create your account (if applicable).

Cancellation will be effective at the end of the current billing period in which notice of cancellation is received. HarborLink may terminate your use of the Service for any reason, including, without limitation, if HarborLink, in its sole discretion, believes you are abusing the service, have violated this Agreement or fail to pay any charges when due.

5. MINIMUM REQUIREMENTS AND TECHNICAL SUPPORT LIMITATIONS
To receive the Service, you must have a Wi-Fi enabled device that includes an Internet browser.  You are responsible for charges for the Service regardless of the status of your Wi-Fi device.

Due to the wide range of hardware and software configurations and compatibility, it may not be possible for HarborLink to provide technical support for your hardware. HarborLink limits support to HarborLink-provided equipment or equipment on our system requirements list. For additional information call 1.800.451.0738. You are responsible for making sure that your network meets the minimum system requirements before signing up for the Service. In certain circumstances, it may be necessary to refer you to the manufacturer of your hardware or software for technical support of their products.

HarborLink will not be able to provide technical support for the following:

·         Network fax machines, scanners, or printers

·         Inter-operating-system file sharing (i.e., does not support NT <-> 9x, 9x <-> MAC, MAC <-> NT)

·         Internet server support (ftp, pop, smtp, http)

·         VPN or other remote access support

·         Wi-Fi enabled gaming systems, including but not limited to Sony PSP and Playstation3, Nintendo DS, or any other wireless gaming system.

·         Interference to a wireless LAN due to other products transmitting energy in the same frequency range (i.e., microwaves, multiple wireless LANs, etc.)

6. MONITORING THE SERVICES
HarborLink has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if HarborLink, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself, its employees, its customers or others. See our Privacy Policy.

7. DISCLAIMERS AND WARRANTIES
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HARBORLINK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. HARBORLINK MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH HARBORLINK OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY HARBORLINK OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. HARBORLINK AND IT EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, HARBORLINK'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM.

HARBORLINK SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES;THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK,TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS,AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION,AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.

THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF HARBORLINK, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST HARBORLINK IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.

8. REVISIONS TO THIS ACCEPTABLE USE POLICY

HarborLink reserves the right to revise, amend, or modify this AUP, and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted.

Rev. 7/1/2008