Kootenay Wireless High-Speed Internet Terms of Service ------------------------------------------------------ Thank you for using the Kootenay Wireless High-Speed Internet service. Kootenay Wireless provides its service to you subject to the following Terms of Service, which may be updated periodically. You can always review the most current version by clicking the "Terms of Service" link at the bottom of the Kootenay Wireless web page. ======================= GENERAL TERMS AND CONDITIONS ACCEPTANCE OF THIS AGREEMENT You will have accepted this Agreement and be bound by its terms if you use the Services or otherwise indicate your affirmative acceptance of such Services. CHARGES AND BILLINGS 1. You agree to pay all charges associated with the Services, including monthly service charges and applicable federal and provincial taxes. 2. Services are provided to you on a month-to-month basis. You will generally be billed monthly, in advance. 3. Payment can be made by cash or cheque, if you are invoiced monthly by email, or payment may be made automatically via Paypal subscription, if you have, or open, a free Paypal account and associate it with a credit card or bank account. 4. Suspension/Disconnect: If you fail to pay the full amount due for any or all of the Services then Kootenay Wireless, at its sole discretion in accordance with applicable law, may suspend or disconnect any or all the Services you receive. ACCESS TO YOUR PREMISES You agree to allow us and our agents the right, to enter at reasonable times your property upon which the Services and/or Kootenay Wireless Equipment will be provided (the "Premises"), for purposes of installing, configuring, maintaining, inspecting, upgrading, replacing and removing the Services and/or Kootenay Wireless Equipment used to receive any of the Services. You warrant that you are either the owner of the Premises or that you have the authority to give us access to the Premises. If you are not the owner of the Premises, you are responsible for obtaining any necessary approval from the owner to allow us and our agents into the Premises to perform the activities specified above. In addition, you agree to supply us or our agent, if we ask, the owner's name, address and phone number and/or evidence that the owner has authorized you to grant access to us and our agents to the Premises. MAINTENANCE AND OWNERSHIP OF EQUIPMENT 1. Kootenay Wireless Equipment. You agree that except for the Equipment specifically purchased by you and itemized in your Installation Invoice, all additional equipment on your Premises belongs to Kootenay Wireless and will not be deemed fixtures or in any way part of the Premises. We may remove or change the Kootenay Wireless Equipment at our discretion at any time the Services are active or following the termination of your Service(s). You agree to allow us access to the Premises for these purposes. You may not sell, lease, abandon or give away the Kootenay Wireless Equipment, or permit any other provider of high speed data to use the Kootenay Wireless Equipment. You agree that you will not allow anyone other than Kootenay Wireless employees or agents to service the Kootenay Wireless Equipment. 2. Customer Equipment. You agree that the Equipment itemized in your Installation Invoice is your property and deemed to be part of your Premises. While the Services are active, Kootenay Wireless will provide technical support, inspection, and configuration of your equipment without additional charges. Faulty Customer Equipment will be replaced without charge for a one-year warranty period commencing on the Installation date. Replacement after the warranty period will be without labour charges but you agree to pay the cost, including taxes, for the replacement hardware. USE OF SERVICES You agree that the Services will be used only by you and the members of your immediate household living with you at the same address for personal and/or home-based business purposes, unless otherwise specifically authorized by us in writing. You will not use or permit another to use the Kootenay Wireless Equipment or the Service(s), directly or indirectly, for any unlawful purpose, including, but not limited to, in violation of any posted Kootenay Wireless policy applicable to the Services. Use of the Kootenay Wireless Equipment or Services for transmission, communications or storage of any information, data or material in violation of any Canadian federal, provincial or local regulation or law is prohibited. You acknowledge that you are accepting this Agreement on behalf of all persons who use the Kootenay Wireless Equipment and/or Services and that you shall have sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this Agreement and any applicable Kootenay Wireless policies including, but not limited to, acceptable use and privacy policies. You further acknowledge and agree that you shall be solely responsible for any transactions, including, without limitation, purchases made through or in connection with the Services. You agree to indemnify, defend and hold harmless Kootenay Wireless and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) arising out of the use of the Services, the Kootenay Wireless Equipment and/or the Customer Equipment or the breach of this Agreement or any of the applicable Kootenay Wireless policies by you or any other user.