Revised September 11, 2006

 

1. This Agreement covers services provided to Subscriber by Alyrica. Alyrica reserves the right to change its prices or this Agreement from time to time. The most current copy of this document is always posted on the Alyrica website, www.alyrica.net .   Any changes will be effective upon date of posting. Continued use of Alyrica services by Subscriber will indicate acceptance of changes.

2. Alyrica Networks specifically disclaims any responsibility for the accuracy or quality of information obtained through the Internet.

Additionally, Alyrica Networks is NOT responsible for or liable for any of the following:

·    Any obstruction(s) that might be erected or grow between Subscribers antenna and Alyrica Networks’ antenna causing degradation or loss of service

·    Equipment upgrades necessary over time due to changes in foliage or other reasons

·    Debris or ice on antenna

·    Re-aiming the antenna

·    Reconfiguration of network settings due to, but not limited to, tampering or re-installation of operating system.

·    Physical or electronic damage to Subscribers, or third parties, person(s) or equipment, including, but not limited to, damage caused by lightning or by the equipment itself.

·    Damage caused by hackers or viruses

·    Loss of data, whether such data resides on Alyrica servers or not.  Alyrica may maintain data backups at its discretion, but responsibility for data redundancy and integrity resides solely with Subscriber.

     Subscriber accepts complete responsibility for any and all equipment at Subscriber’s location, including any liability for or related to such equipment, even if such equipment was installed, sold, or modified by Alyrica. 

     Subscriber acknowledges that the Internet is not owned, operated or managed by Alyrica Networks or any of its affiliates, and that it is a separate network of computers largely independent of Alyrica Networks. Subscriber’s use of the Internet is solely at Subscriber’s own risk and is subject to all applicable local, state, national and international laws and regulations. Access to the Internet is dependent on numerous factors, technologies and systems, many of which are beyond Alyrica Networks’ authority and control.

3. Subscriber understands that installation fees are only refundable if the connection is not working within 7 days of installation.

4. Subscriber may be assessed a late fee by Alyrica Networks, to be the greater of 2% or $5.00 per month on overdue payments. Subscriber’s account(s) may be disabled and late fees assessed until full payment is received. Returned checks will be charged a fee of $25.00.

5. Alyrica Networks reserves the right to maintain, reconfigure, or terminate Subscriber’s connection or deny service for any reason. 

6. Alyrica Networks’ network can only be used for lawful purposes.

The transmission of any material in violation of any local, state, or federal law or regulation is prohibited. Prohibited data includes, but is not limited to, copyrighted materials, material judged to be threatening or obscene, pornography, material protected by trade secret, or material that is otherwise deemed to be proprietary or judged unfit by Alyrica Networks.

7. Routine maintenance and periodic system repairs, upgrades and reconfigurations, acts of God, mechanical or electronic breakdowns may result in temporary service impairment or interruption of service. Alyrica Networks does not guarantee continuous or uninterrupted service.   Alyrica Networks makes no warranties, expressed or implied, including, but not limited to, loss of data or financial loss resulting from delays, non-deliveries, miss-deliveries or service interruption however caused.  Subscriber holds Alyrica Networks, its directors, officers and employees harmless from any and all obligations, charges, claims, liabilities, costs, fees, and lost business incurred as the result of service interruption or loss of service.

8. Subscriber shall indemnify Alyrica Networks and affiliates from any and all claims and expenses arising from Subscriber’s breach of any provision of this Agreement.

9. Subscriber, its agent, successor and assigns expressly agrees to indemnify and hold harmless Alyrica, its affiliates, subcontractors, employees, agents, assigns or successors from any liability for any claims, losses, actions, damages (including Attorney fees), suits or proceedings arising out of or otherwise related to the installation of, use or misuse of, or termination of, Alyrica Networks’ services hereunder including but not limited to, Subscriber’s access to content uploaded or downloaded using Alyrica Networks’ services from any source or to any recipient.   Subscriber further releases Alyrica Networks from any responsibility or liability related to the accuracy, quality, or confidentiality of any information available by or through Alyrica Networks’ systems and/or the wireless network. Subscriber’s release of Alyrica Networks includes any action or inaction by Alyrica Networks, which amounts to negligence or incompetence.

10. Equipment provided by Alyrica Networks and installed at Subscriber premises remains the sole property of Alyrica Networks, unless (a) Subscriber purchases equipment from Alyrica outright, or (b) Subscriber enters into a 24-month agreement with Alyrica in which the equipment becomes property of the Subscriber once Subscriber has completed 24 consecutive months of Alyrica’s internet service, and whose account remains in good standing for the duration of that period.  Therefore, Subscriber may not use radio equipment purchased from, or installed by, Alyrica Networks with any other service provider unless Subscriber pays Alyrica  an appropriate fee, to be determined by Alyrica Networks, in addition to regular installation costs.

11. The Internet, including Alyrica’s network, may have inherent insecurities.  Subscriber assumes sole responsibility for providing for security of Subscriber’s data, through the use of encryption or other means.  Subscriber understands that Alyrica may perform data transfer monitoring or other activities involving data passing over Alyrica’s network.

 12. This Agreement, together with the accompanying agreements posted on www.alyrica.net and any other signed contracts between Subscriber and Alyrica, represents the complete understanding between Alyrica Networks, Inc. and Subscriber.  If there is conflict between this Agreement and another contract, the appropriate clauses in this Agreement shall replace the appropriate clauses in that agreement.  This Agreement supersedes and replaces all prior oral negotiations, representations, guarantees, warranties, or promises. 

13. Alyrica MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTY OF MERCHANTABILITY OR USEFULNESS FOR ANY PURPOSE.  Alyrica, ITS AGENTS, AFFILIATES, EMPLOYEES, CONTRACTORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES SUFFERED BY Subscriber or ANYONE CLAIMING BY THROUGH OR UNDER Subscriber.