Internet Service Agreement

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY.

BY USING THESE SERVICES, YOU ACKNOWLEDGE THAT YOU ARE AN ADULT (18 YEARS OR OLDER) AND YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS IN EFFECT AND AS UPDATED FROM TIME TO TIME BY WI-FIBER INC. IN ADDITION, BY PLACING AN ORDER FOR THE SERVICES, YOU ACKNOWLEDGE THAT WI-FIBER, INC. WILL COMMENCE PROCESSING SUCH ORDER AND WILL INCUR EXPENSES AND OBLIGATIONS IMMEDIATELY.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICES AND YOU SHOULD CANCEL YOUR ORDER. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, WI-FIBER, INC. WILL BE UNDER NO OBLIGATION TO PROVIDE YOU WITH THE SERVICES.

THE TERMS AND CONDITIONS ARE SUBJECT TO REVISION FROM TIME TO TIME. THE LATEST VERSION OF THE TERMS AND CONDITIONS MAY BE FOUND AT

FOR PURPOSES OF THE TERMS AND CONDITIONS, YOU WILL BE REFERRED TO AS THE “CUSTOMER.”

Terms and Conditions:

1. Definitions: Customer’s request for wireless service and subsequent use hereby provides Confirmation and Acknowledgment of the Terms and Conditions of this agreement for Internet Service with UkiahWireless by Wi-Fiber, Inc d/b/a Wi-Fiber of Northern California, a California corporation (“WI-FIBER”). Your acceptance of such order, including acceptance of all of the terms and conditions (“Terms and Conditions”) set forth below, and will authorize UkiahWireless by WI-FIBER to provide you with the Services (as defined below) for period agreed to by you (“Customer”) upon placing an order for the Services.

2. Installation and Equipment: You hereby authorize UkiahWireless by WI-FIBER and /or it’s authorized contractors to install antenna, transceivers, wiring and other equipment (the “Equipment”) at your home or office (the “Premises”) necessary to provide the Services, and that all installations have been approved by property owner or other governing authority. UkiahWireless by WI-FIBER will not be liable for any alterations to the Premises that result from the installation or removal of the Equipment, including, but not limited to, holes in walls, cable wiring or antenna mounting brackets. You agree to allow UkiahWireless by WI-FIBER or its contractors access to the Premises to perform installation, repair, maintenance or removal of the Equipment.

3. Service: You agree to purchase VOIP telephone, IPTV, or Internet access services (“Services”) from UkiahWireless by WI-FIBER. You shall be responsible for obtaining and maintaining any equipment needed to access, connect to, or use the Services. You shall be responsible for ensuring that such equipment is compatible with the Services. Services provided by UkiahWireless by WI-FIBER are for the sole use of you, the Customer, and not for resale of any kind without prior written consent of UkiahWireless by WI-FIBER, which may be given at its sole discretion. In the event you attempt to resell the Services, UkiahWireless by WI-FIBER may, at its sole discretion, increase the fees associated with the Services, or terminate the Services.

4. Term of Agreement: This agreement has no initial term and is understood to continue on a month-to-month basis. At any time, either party may terminate this Agreement, effective at the end of any monthly term, upon written notice. The term begins after UkiahWireless by WI-FIBER has received and accepted your signed contract, and has installed Customer Premises Equipment (the “Equipment”). If UkiahWireless by WI-FIBER cannot successfully deliver the Service,(as outlined in section 8.1) this contract is implicitly terminated without penalty or cost. UkiahWireless by WI-FIBER retains the right to recover all Equipment provided but is under no obligation to do so. You agree to cooperate with such recovery during normal business hours.

5. Rates and Payment Terms: The rates for Internet, IPTV, or VOIP service (“Rates”) are set forth in the attached Service Rate Schedule and are billed monthly in advance and are due within ten days of receipt of electronic or postal billing. The Rates may be changed by UkiahWireless by WI-FIBER at any time by giving you written or e-mailed notice of the new Rates at least thirty (30) days before their effective date. In addition to the Rates, UkiahWireless by WI-FIBER will bill you for all federal, state, county, and local taxes, surcharges, fees, and universal service contributions that may apply. Charges for the Services will begin when the Services are installed. Payments for Services will be made automatically through a monthly bank draft (ACH) or billing to your preferred payment method on file, such as a credit card, unless you have been approved for paper billing. Paper Billing requires an administration fee of $5.00 per month to be added to your account. You may pre-pay by check or money order if you prefer not to pay via credit card or be billed monthly, but a payment method is required in all cases to secure your account with UkiahWireless by WI-FIBER. You must keep UkiahWireless by WI-FIBER informed of any changes in your credit card information, or you will be in default under this agreement.You also agree to update UkiahWireless by Wi-Fiber within five (5) business days of any changes to their billing, contact, or service address information. 

6. Default and Remedies: You will be considered in Default of the Agreement if:

Payment for any Service has not been made within ten (10) days after UkiahWireless by WI-FIBER has sent you a notice via e-mail that such payment is overdue or;

For any other breach of this Agreement that is not remedied within ten (10) days after notice of such breach, or for any breach of the current UkiahWireless by WI-FIBER “Acceptable Use Policy” (AUP) for VOIP telephone, IPTV, or Internet Access Service.

6.1 Default and Late Payments: Should Customer default on any payment obligation as called for in the payment agreement, UkiahWireless by WI-FIBER will have the right to suspend Service and declare the entire remaining balance due and payable. Customer agrees to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs and attorney fees. A default occurs when any payment due under the payment agreement is not collected on the agreed on billing date. A late fee of $75 or 10% of the billed balance, whichever is greater, will be applied upon any default. The facility’s billing company, Sonar reserves the right to draft all amounts owed by the Customer including any and all late fees and service fees. Subject to appropriate State and Federal Law.  

7. Termination Charges: For month-to month agreements there are no termination charges so long as the Equipment is returned in good working order. A reconnection fee of $25.00 will apply if Services are suspended due to nonpayment. If Equipment was removed and Services are reinstated, an installation fee may also apply.

8. Limited Warranty: Wireless Service: UkiahWireless by WI-FIBER warrants that, subject to the limitations set forth below, the Wireless service will operate in substantial accordance with the terms of this Agreement. The limitations include:

8.1 Quality of Service: You understand and acknowledge that the actual transmission speeds may vary from the transmission speeds that you might otherwise expect, due to such factors as the line-of-sight (LOS), distance to transceiver, and other operation characteristics of the facilities and equipment used in the Service. It is possible that there may be other operational impediments that may preclude or delay the actual installation, repair and maintenance of Wireless Services to your Premises.UkiahWireless by WI-FIBER reserves the right to terminate this Agreement without liability to you if UkiahWireless by WI-FIBER is not able to provide, repair or maintain Wireless Services to your Premises. UkiahWireless by WI-FIBER will use commercially reasonable efforts to provide installation, repair, and maintenance of services. If you experience a substantial reduction in transmission speed or significant interruption of service, please notify UkiahWireless by WI-FIBER and we will undertake commercially reasonable efforts to restore the Wireless service. UkiahWireless by WI-FIBER will not be responsible for service issues relating to your computer, network or software. UkiahWireless by Wi-FIBER reserves the right to suspend Services without prior notice if continued service would pose a risk to network integrity or violate any law or regulation. 

8.2 Limitations: The limited warranty shall not apply if:

UkiahWireless by WI-FIBER Equipment has been subjected to unusual physical or electrical stress, misuse, neglect, accident or abuse, or damaged by any other external causes;

The Wireless Service or related Equipment has been installed, repaired or altered by anyone other than UkiahWireless by WI-FIBER technical support or its subcontractors or affiliates, without prior written approval; or;

The Wireless Service or related Equipment is used in violation of applicable law or in violation of instruction furnished by UkiahWireless by WI-FIBER, if any.

8.3 Warranties: The foregoing limited warranties shall be in lieu of and shall exclude all other express or implied warranties, including without limitation, warranties of merchantability, and fitness for a particular use or purpose.

9. Use of Services: Customer agrees not to use the Services in a manner prohibited by any federal or state law or regulation. Customer further agrees to adhere to UkiahWireless by WI-FIBER’s “Acceptable Use Policy” (“AUP”) as set forth on UkiahWireless by WI-FIBER’s web site at: https://www.ukiahwireless.com/legal/acceptable-use-policy. Transmission of any material in violation of federal or state law or regulation, including, but not limited to any copyrighted material, material protected by a trade secret, or materials or messages that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable in any manner or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, is prohibited. Customer shall not use the Services to operate servers, send mass emails, mine cryptocurrency, or engage in any activity that degrades service quality for other customers. You are responsible for all security for your personal network, computers, files, programs, transmissions, etc. UkiahWireless by WI-FIBER, its affiliates and contractors will not be liable for any security breaches on your system nor for any indirect, incidental, special, exemplary, punitive or consequential damages of any nature.

10. Data Usage and Analytics:

10.1 Customer acknowledges and agrees that UkiahWireless by WI-FIBER may collect, aggregate, and deidentify data pertaining to Customer’s use of the Services, including but not limited to network traffic patterns, service performance metrics, and general usage statistics (hereinafter, “Aggregated Deidentified Data”).

10.2 Notwithstanding anything to the contrary in the Agreement, UkiahWireless by  WI-FIBER shall have the perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, analyze, and otherwise exploit such Aggregated Deidentified Data for its legitimate operational and business purpose. These purposes include, without limitation: 

  1.  Network Optimization and Improvement: Enhancing the performance, reliability, and security of UkiahWireless by WI-FIBER’s network infrastructure and services; identifying and resolving technical issues; and planning future network expansions. 
  2. Service Development; Developing new features, functionalities, and services; improving existing service offerings; and conducting research and development. 
  3. Business Intelligence: Analyzing market trends; improving business strategies; and making informed business decisions. 
  4. Statistical Analysis: Generating statistical reports, benchmarks, and other analytical insights. 

10.3 Subject to the terms and limitations contained herein, including Sections 9 (Use of Services), UkiahWireless by WI-FIBER represents and warrants that it will take commercially reasonable steps to ensure that all Aggregated Deidentified Data will not be used by any individual user. UkiahWireless by Wi-FIBER shall not sell, lease, or otherwise disclose Aggregated Deidentified Data to any third party in a manner that could reasonably identify Customer. 

10.4 This Section 10 shall survive the termination or expiration of this Agreement. 

11. Indemnity: You agree to indemnify, defend and hold UkiahWireless by WI-FIBER, its affiliates and subcontractors harmless from any claims made by third parties arising out of the use of the Equipment and/or Services by you or any user of your account, including the placement or transmission of any message, information, software or other materials on the Internet.

12. Contact: Customer affirms, acknowledges and attests that Customer’s mailing address, telephone number, cellular telephone number and e-mail address provided to UkiahWireless by Wi-Fiber are accurate and were provided by Customer Voluntarily. Subject to applicable law, Customer agrees that UkiahWireless by Wi-Fiber, including its agents, affiliates and vendors, not limited to its debt collection agencies or attorneys, may contact Customer at any mailing address, telephone number, cellular telephone number or e-mail address, set forth on the face of this agreement, or subsequently proved by Customer to UkiahWireless by Wi-Fiber, including via SMS and automated dialing system and/or prerecorded voice messages. Customer further acknowledges that they are not required to provide this consent, directly or indirectly  as a condition of any goods or services and that all contact information provided by Customer is accurate. If customer replies STOP to opt out of text alerts, the opt out will apply to text alerts only. 

13. Limitation of Liability:

13.1 ANY LIABILITY OF WI-FIBER ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES AND NEITHER PARTY SHALL HAVE ANY LIABILITY FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL AND SPECIAL DAMAGES, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS) IRRESPECTIVE OF WHETHER THE PARTY HAS ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES.

13.2 NOTWITHSTANDING THE FOREGOING, WI-FIBER’S TOTAL LIABILITY TO ANYONE UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT THAT YOU WOULD HAVE PAID WI-FIBER UNDER THIS AGREEMENT DURING THE PERIOD OF TIME THAT SUCH LIABILITY WAS INCURRED, OR TWO HUNDRED DOLLARS ($200.00) WHICHEVER IS LESS.

13.3 YOU ACKNOWLEDGE THAT THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING THE PRICES FOR SERVICE UNDER THIS AGREEMENT.

14. Force Majeure: UkiahWireless by WI-FIBER will not be responsible for any failure to perform any obligation or provide any Services hereunder because of any Act of nature, strikes, work stoppage, equipment or facilities shortages, governmental acts, directives or abuse, war, riot or civil commotion, or any other force beyond UkiahWireless by WI-FIBER’s immediate and reasonable control.

15. Entire Agreement; Amendments in Writing; Severability: This Agreement, which includes all Attachments and Schedules referenced herein, if any, constitutes the entire Agreement between parties concerning the subject matter hereof and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein. Any changes to this Agreement, or any amendment or supplement to the Agreement must be in writing and signed by UkiahWireless by WI-FIBER to be enforceable. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the original intent of the parties, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. The limitations on liability and indemnification inure to the benefit of and apply to any successor to UkiahWireless by WI-FIBER’s business by way of merger, purchase of assets, operation of law and to any UkiahWireless by WI-FIBER subcontractor.

16. Arbitration: Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be held in Ukiah California by a single arbitrator who has special knowledge of the industry or technology involved in the dispute.

17. Acceptance of Terms: You may sign this Agreement and fax it to UkiahWireless by WI-FIBER, sign it and submit it Digitally, or continue to use the services of UkiahWireless by WI-FIBER and it will have the same effect as if you had returned the original signed document to UkiahWireless by WI-FIBER.