Subscriber's Agreement/Service Level Agreement
1. COVERAGE — THIS SUBSCRIPTION AGREEMENT/SERVICE LEVEL AGREEMENT ("SLA") APPLIES TO CUSTOMERS THAT ARE IN GOOD FINANCIAL STANDING WITH USI WIRELESS, INC. ("PROVIDER") AND INDICATED THEIR ACCEPTANCE OF AND AGREEMENT TO THE TERMS HEREOF BY EITHER EXECUTING A COPY HEREOF AND DELIVERING IT TO PROVIDER, OR BY CLICKING THE ACCEPT BUTTON ON THE INTRODUCTORY PAGE IN THE SUBSCRIPTION PROCESS FOR ACCESS TO THE MINNEAPOLIS/USI WIRELESS, INC WIRELESS BROADBAND IP DATE ACCESS NETWORK ("NETWORK").
2. SERVICE LEVEL — PROVIDER endeavors to have the Customer's service available for access ninety-nine and nine-tenths percent (99.9%) of the time ("Availability"). For the purposes hereof service for access will be deemed available if access can be achieved through the system from some point within the Customer's Location during some portion of a day, even if access is not available throughout the Location. Provider shall not be responsible for the non-availability of Network access due to failures on the part of Customer's equipment.
3. CREDITS — In the event that service is totally unavailable throughout the Network for an entire 24 hour day due to a failure of Provider equipment, the Network, or a cause that could be controlled by PROVIDER, PROVIDER will credit to the Customer the monthly service charge for the Service at the rate of the fees attributable to the number of days during which Services were completely unavailable within the Network. In order for the Customer to receive a credit on its account, the Customer must promptly notify PROVIDER of the deficiency of Availability and request such credit within ten (10) business days after it experienced a lack of Availability. The Customer must request credit by sending an electronic mail message to PROVIDER by clicking on the "Contact Us" button on the website. For security reasons, the body of this message must contain the Customer's account number as shown on its invoice, the dates and times of the unavailability of the Service, and such other customer identification requested by PROVIDER. Credits will usually be applied within sixty (60) days of the Customer's credit request. Credit to the Customer's account shall be its sole and exclusive remedy in the event that there is no Availability.
4. RESTRICTIONS — Credit shall not be provided to Customer in the event that it experiences a lack of Availability resulting from (i) scheduled maintenance as posted from time to time at sign-in page of the website; (ii) Customer's behavior or the performance or failure of its equipment, facilities or applications, or (iii) circumstances beyond provider's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of Customer's Service. User agrees not to use its residential access to the Network for the purpose of providing hosting base access services such as web server ftp, game servers, streaming media servers, or similar high bandwidth consuming uses unless agreed to in writing by Provider. Provider reserves the right to terminate services to any User that violates this provision or uses its access to the Network in any manner that causes damages to the Network or impairs the level of service provided to other customers of Provider on the Network.
5. LIMITATION OF LIABILITY. Provider shall not be liable, for any indirect, incidental, special, or consequential or punitive damages or damages for loss of profits, lost revenue, lost data or any damage resulting from an inability or limited ability to utilized the Network, incurred by Customer or any third party, whether in any action in contract, tort, or breach of warranty, even if Provider has been advised of the possibility of such damages. In any event, Provider's maximum liability to Customer shall not exceed the revenue received by Provider from that Customer in the one year preceding any claim.
Last Modified: March 15th, 2007
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