TERMS AND CONDITIONS

^{Effective August 12, 2003 / Last Updated September 21, 2007}

These Terms and Conditions are subject to change without notice. Continued usage of your account after a new policy has gone into effect constitutes acceptance of that policy. We encourage you to regularly check the policy statement for any changes. (The effective date at the top will be updated to indicate a new revision.) These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any application submitted.

GENERAL ACCOUNT RULES AND PRACTICES

Services provided by Washington Broadband, Inc, including, but not limited to, Internet access, FTP, Telnet, and World Wide Web services, (Services) may only be used for lawful purposes. Transmission of any material in violation of any U.S. or state regulation is prohibited. This includes, but is not limited to: copyrighted material, threatening or obscene material, or material protected by trade secret. Any web site hosted on our servers found to contain pornographic or obscene material will be removed at the discretion of our staff. Harassment of others in any form, e-mailing viruses, spamming, malicious or destructive behavior, sending unsolicited commercial e-mail or chain letters are prohibited and will result in the immediate termination of your account.

If you use another organization’s networks or computing resources, you are subject to their respective permission and usage policies. All Washington Broadband, Inc services are for end-use only. It is assumed you will be using Washington Broadband, Inc as your primary email account. If you use another email account it is your responsibility to notify Washington Broadband, Inc that you wish mail forwarded to this account. Not receiving email from Washington Broadband, Inc is not a valid reason for system violations or failure to pay fees sent via email from our office.

Password security is very important. For security reasons, you should not give your password to anyone. Washington Broadband, Inc will occasionally send emails and notices regarding billing, system condition, improvements, etc… Users cannot unsubscribe from these notices for any reason. Washington Broadband, Inc reserves the right to cancel your service at any time and for any reason.

COPYRIGHTED INFORMATION

Some of the information available on our system and on other systems is covered by copyright. Unless you have permission from the copyright holder, you are not allowed to redistribute this information to others, including use of this information on radio, television or printed media, such as newspapers, magazines or newsletters.

DISCLAIMER

Washington Broadband, Inc makes no warranties of any kind, whether expressed or implied, including any implied warranty or merchantability of fitness of this service for a particular purpose. Washington Broadband, Inc takes no responsibility for any damages suffered by you including, but not limited to, loss of data from delays, nondeliveries, mis-deliveries, or service interruptions caused by Washington Broadband, Inc’s own negligence or your errors and/or omissions. Use of any information or software obtained via this service is at your own risk. You agree to indemnify and hold harmless Washington Broadband, Inc, its successors or assigns, from any claims resulting from your use of this service which damages you or another party. Washington Broadband, Inc specifically denies any responsibility for the accuracy or quality of information obtained through our services.

LIMITATIONS AND INDEMNIFICATION

The account holder agrees to indemnify and hold Washington Broadband, Inc harmless from any claims, including attorney’s fees, direct or indirect damages or losses which may be incurred by the account holder or others. In no event will Washington Broadband, Inc be liable for indirect, special, incidental, cover or consequential damages arising out of the use or inability to use our Services, even if advised of the possibility of such damages. Specifically, Washington Broadband, Inc is not responsible for any costs arising out of the use of Services including, but not limited to, costs incurred as a result of lost profits or revenue, loss of clients, loss of use of computer programs, loss of data, the costs of recovering programs or data, claims by third parties or similar costs. In no event shall Washington Broadband, Inc’s liability exceed the amount paid by you for the Services.

TECHNICAL SUPPORT

Free-of-charge telephone technical support is provided on a first-come, first served basis, and covers initial connection difficulties and basic Internet-related troubles. Technical support is not intended to assist with questions not directly related to the Internet services Washington Broadband, Inc provides. Technical questions other than those regarding initial connection should be made via e-mail at support@wabroadband.com.

YOUR RESPONSIBILITIES FOR PROPER ACCOUNT USE AND INFORMATION

You represent that you are at least Eighteen (18) years old. You are fully responsible for how your account is used. If you allow others to use your account, you are fully responsible for what they do. You will notify Washington Broadband, Inc of any changes in account contact information, such as your address or telephone number.

BANDWIDTH LIMITATIONS

Washington Broadband reserves the right to institute policies which may restrict, charge or terminate service for excessive use.

The customer is responsible to notify Washington Broadband, Inc if they place a computer/server on the system that results in a substantial increase in bandwidth useage throughput. Customer must also notify Washington Broadband, Inc if they use the service for VPN, VOIP or remote SMTP services. Washington Broadband, Inc considers all connections to be consumer class service. Therefore customers requiring critical service availability should notify Washington Broadband that they wish to upgrade to Carrier Class Service which is the only service where Washington Broadband, Inc can provide a level of service guarantee. Critical Service is defined as a service that must be available 24/7 without interruption other than scheduled maintenance or outages from upstream providers.

Any customer causing excessive bandwidth usage from file sharing devices or the spread of malicious viruses will be given a reasonable amount of time to discontinue use of such programs or repair any virus that may impede the reliability of service provided by Washington Broadband, Inc. If the customer has not made a diligent effort to remedy the situation, Washington Broadband, Inc. reserves the right to discontinue service to that customer until the customer is able to return their system to a proper level of usage. If the customer chooses to dismiss efforts by Washington Broadband, Inc. to repair bandwidth usage problems, Washington Broadband, Inc. reserves the right to terminate customer services and collect all equipment owned by Washington Broadband, Inc.

PRIVACY

The information you have provided to us in order to receive service, such as address, phone number, date of birth, maiden name and credit card information is considered private information. Washington Broadband, Inc. will provide the best available security to assure its protection. In the event a Law Enforcement agency uses a court driven request for your information we will release any information including but not limited to the previous stated provided information plus potentially usage patterns, email and, other statistical information available to us without notifying you. In the event a third party requests any or all of the same information whether for violation of their copyright or other protections we will NOT release your information unless so specified by legal subpoena but we will first notify you of the infraction. Should you choose to continue violating copyright or other proprietary exchange or usage, and we are notified by a third party of interest or we discover it ourselves, Washington Broadband, Inc. reserves the right to suspend and/or terminate your account.

SERVER LIMITATIONS

Server Disk Storage is limited to ten (10) megabytes of disk space. Additional storage may be permitted on a space-available basis for an additional fee. Also, a connection which remains inactive for more than twenty minutes will automatically be disconnected. This time is approximate and subject to change without notice in Washington Broadband, Inc’s sole discretion. Any means to avoid an inactivity disconnect are prohibited. Any means includes, but is not limited to, electronic or software features to maintain an active connection by “pinging” or repeatedly automatically logging into the mail server.

USENET NEWS

Use of any information obtained via this service is at your own risk. Users unconditionally agree to adhere to established Usenet policies and shall not post to any group until they have familiarized themselves with the groups subject, guidelines and restrictions. Bulk posting (“Spamming”) is forbidden. Most newsgroups do not allow commercial postings and users agree to verify this restriction before making such postings. Chain letters are not allowed to be posted. At our discretion, we may revoke your access for inappropriate usage.

PERSONAL WEB SITE

Included with a standard Dialup account is space on our server for a personal web site. The limits for a personal web site are as follows:

No more than 10MB disk storage, without extra charge
Will not exceed 200MB per month bandwidth usage
Does not meet any of the conditions describing a commercial web site, listed below.

COMMERCIAL WEB SITE

A commercial Web Site is defined by its content and usage. A Commercial Web Site usually advertises or provides information, resources, services, or merchandise to the general public for direct or indirect commercial gain. Organizations with Web Sites whose goal is to raise money for a particular purpose also fall into the commercial category, as do most nonprofit or not-for-profit organizations for the same reason. If bandwidth exceeds 200MB per month on a web site, then that web site will be considered commercial. The current prices and descriptions for commercial web sites can be obtained through our offices.

RE-SALE AND DUAL LOG-ON OF WASHINGTON BROADBAND, INC FORBIDDEN

Purchase of individual dial-up account provides a single access use of our Internet system. Two of the most forbidden usages of our system is multiple simultaneous system sign-in and reselling to other customers. If we find you are logging in twice we will email you and suspend your account for one day. The second time we will suspend you again for a day. The third time your account will be cancelled with forfeiture of fees paid. Reselling means you are using an individual dial-up account and reselling it at a cost to your customers. You will be given one email warning if we are made aware of this. Failure to stop will cause forfeiture of any fees prepaid and cancellation of your account.

NETWORK ADDRESS ASSIGNMENTS

Any Network Address Assignments issued by Washington Broadband, Inc (i.e., Class C address space, Static IP) are the property of Washington Broadband, Inc and are considered to be “loaned” to its customers. In the event that service with Washington Broadband, Inc is discontinued for any reason, such address space will revert to Washington Broadband, Inc. Additionally, Washington Broadband, Inc reserves the right to change assigned addresses at any time and for any reason.

SUSPENSION

You may request suspension of your account for up to 3 months, during which time no billing will accumulate. Requests for suspension must be received in writing, fax or email. Suspension by telephone must be followed by a confirming letter, fax or email. Suspension does not relieve you of your past obligations and charges. Accounts which are suspended for more than 6 months may be subject to termination unless special arrangements have been made.

SERVICE AGREEMENTS

Any agreement for recurring service(s) will be enforced as per the term of service indicated in a written contract between Washington Broadband, Inc and the customer, and our current billing and payment practices. If customer wishes to terminate a written agreement before the term of their agreement has expired, they will be charged a cancellation fee. Any service agreement between the customer and Washington Broadband, Inc will automatically renew for one subsequent term unless the customer provides Washington Broadband, Inc with at least 30 days written notice of intent to terminate the relationship.

CANCELLATION

Requests for service cancellation must be received in writing, fax, or E-mail. Disconnection by telephone must be followed by a confirming letter, fax or E-mail. If a customer wishes to cancel an extended written service agreement, they must first pay 10% of the cost of service(s) for time remaining on their term of service. Washington Broadband, Inc does not forward mail once your account has been cancelled or expires. Additional email accounts will be immediately erased while primary accounts will be allowed to store up to 3 months before erasure unless in violation of other policies of this agreement. Cancellation does not relieve you of your past obligations and charges. If you default, you agree to pay Washington Broadband, Inc’s reasonable expenses, including attorney and collection fees, incurred by enforcing its rights under these Terms and Conditions. All fees pre-paid and are non-refundable unless permitted by ownership of Washington Broadband, Inc.

All customers who have been approved for Wireless connections and have scheduled an installation of these services must provide at least 24 hours notice if they decide to cancel the installation. If the customer provides notice of cancellation within the 24 hours prior to their installation, they will be charged a $50 restocking/labor fee for equipment and labor already appropriated to that installation.

BILLING & PAYMENT PRACTICES

Account fees, including any setup fees, are to be paid in advance of service provision. Prices, fees and services are subject to change without notice. Washington Broadband, Inc credits one month to equal 30 days whether there are 31 or 28 days in each month. Our half year (6 month) term is 180 days while one year is billed as 360 days. You are notified when your account reaches 15 days and 5 days, by email, prior to the expiration date of your account. To ensure continued account operation, payment is to be received by our office by the day of expiration. Changes to your service type, user name or billing method may result in a change charge. If no payment is received by the expiration date your account will automatically shut off. After three months your account will be erased and an activation fee may be required for renewal of service. Washington Broadband, Inc only bills approved commercial accounts through the United States Postal Service. All others requesting hard copies will be required to pay a fee and it may not be approved due to the high cost of billing. If your account is suspended due to nonpayment, bad credit card or bad check, a reconnect charge and other fees may apply. Interest will accrue on any unpaid balances. Suspension or termination of your account does not remove your responsibility under this agreement to pay all fees incurred up to the date the account was cancelled including any collection fees incurred by Washington Broadband, Inc. Reconnection will not be allowed until any past due amounts, if any, have been paid, and a reconnection charge may apply.

Account inquiries or billing questions should be directed to:

- E-mail: billing@wabroadband.com
- Postal:

Washington Broadband, Inc
3201 W. Nob HIll Blvd.
Yakima, WA 98902

- Telephone:

Toll-Free: 1-866-509-WABB
Yakima: 853-0858
Tri-Cities: 543-9500

ACCEPTANCE OF TERMS AND CONDITIONS

By signing and returning the Internet Service Application Form, reading our terms online, or by joining via our online signup form, you acknowledge that you have read, understood, accepted and agreed to abide by these Terms and Conditions and agree to pay for these services according to the Billing Policies currently in effect. Failure to return the Internet Service Application Form may result in suspension of your account until it is mailed to:

Washington Broadband, Inc
1112-1/2 Tieton Drive
Yakima, WA 98902

or sent via fax to (509) 853-0856

TERMS AND CONDITIONS