1. INTRODUCTION.
AirCanopy Internet Services, Inc. (“AirCanopy”) provides its Internet services, as they may exist from time to time (“Services”), to users who pay a monthly service fee to subscribe to the Services (“Members”) as well as to those who access some of our Services but do not have accounts (“Visitors”). By establishing an account or using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and other policies. If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Member, you must terminate your use of the Services under Section 10.

2. SUBSCRIPTION REQUIREMENTS.
Members must be at least 18 years old. Local access dial-up numbers may not be available in all areas. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or other charges. AirCanopy is not responsible for any long-distance, toll or other telecommunications charges you incur. Toll-free (800 #), international, and simultaneous login access costs are extra. Current prices for AirCanopy’s Services are posted throughout our website at http://www.AirCanopy.net. These rates may also be obtained by calling (972) 617-8889 AirCanopy reserves the right to change prices and institute new fees at any time without notice.

3. PAYMENT OBLIGATIONS OF A MEMBER.
(a) Members must (i) provide AirCanopy with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to AirCanopy all changes to this information within thirty (30) days of the change. Members are responsible for any charges to their account.

(b) Members having questions regarding charges to an account should contact AirCanopy’s Customer Service Department at (972) 617-8889 All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.

(c) Charges are billed to Members’ credit cards or debit cards, as applicable, each month for the basic service and any additional usage or services. AirCanopy is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by AirCanopy.

(d) If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan.

(e) If you purchase Services through a reseller who in turns pays AirCanopy, the reseller must pay all amounts owing for your account. If the reseller fails to pay AirCanopy any amounts due—whether or not you have paid the reseller—your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due.

(f) Delinquent accounts may be suspended or canceled at AirCanopy’s sole discretion; however, charges will continue to accrue until the account is canceled. AirCanopy may bill an additional charge to reinstate a suspended account.

(g) AirCanopy may charge for taxes and other applicable fees.

(h) An 'Early Termination' fee will be charged to an account that terminates or defaults prior to completing its initial term agreement. (see Section "i")

(i) The Early Termination fee is assessed should the subscriber cancel their service prior to the end of the completion of the one year term of this agreement in the amount of two-hundred fifty dollars ($250.00). Equipment must be returned in working order at termination or a charge of up to $699.00 will be issued to cover replacement costs.

(j) Any refunds due will be issued within thirty days of termination.

(k) A one-year service agreement is required.

(l) Home Networks are allowed but limited to ONLY the Subscriber Module Addressed location.

(m) Service is provided on a per dwelling basis. Any resale or distribution of services beyond the limits of the customer dwelling by any means is monitored and strictly forbidden.
Violation of this clause is grounds for immediate service termination.

(n) A Late Fee of five dollars ($5.00) shall be applied to accounts that are seven calendar days past due.

(o) Suspension of Services will occur after fourteen days past due and will be subject to a reinstatement fee of $25.00.

(p) Accounts thirty or more days past due will be deemed abandoned and subject to termination of service.

4. MEMBER'S ACCOUNT, PASSWORD, AND SECURITY.
Upon registration, Members receive a username, password, and account designation. You and members of your household or business, if you have purchased a business account, are the only authorized users of your AirCanopy account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify AirCanopy immediately upon discovering any unauthorized use of your account.
Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding the Member's allotted email space may, at AirCanopy’s discretion, be transferred to a compressed temporary file or storage. AirCanopy may delete the temporary file from the server 60 days after notifying you. Any free Web site exceeding the amount of space allotted to such Member may be suspended until the Member reduces the disk space usage to the amount of space allotted or less or purchases additional megabytes. Any free Web site exceeding the traffic limits for such Member will be billed for excess traffic. You may establish a commercial or high-volume account by calling (972) 617-8889
AirCanopy may change its POP numbers at any time. AirCanopy reserves the right to direct Members to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords and email addresses are AirCanopy’s property and AirCanopy may alter or replace them at any time.

5. MONITORING THE SERVICES.
AirCanopy has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if AirCanopy, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Members. Please see our Privacy Policy posted at www.AirCanopy.net. AirCanopy may immediately remove your material or information from AirCanopy’s servers, in whole or in part, which AirCanopy, in its sole and absolute discretion, determines to infringe another’s property rights or to violate our Acceptable Use Policy, which is posted at www.AirCanopy.net.

6. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY AIRCANOPY, AIRCANOPY DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. AIRCANOPY HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AIRCANOPY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AIRCANOPY MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH AIRCANOPY OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY AIRCANOPY OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. AIRCANOPY AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, AIRCANOPY’S CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.

7. SOFTWARE LICENSE.
AirCanopy grants to each Member a limited, nonexclusive, nontransferable and nonassignable license to install and use the AirCanopy access software (including software from third-party vendors that AirCanopy distributes; in object code format), its associated documentation, and any updates thereto (“Licensed Programs”) in order to access and utilize the Services. Each Member agrees to use the Licensed Programs solely in conjunction with the Services and for no other purpose. AirCanopy may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to a Member.
The Licensed Programs constitute confidential and proprietary information of AirCanopy and AirCanopy’s licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Programs, including associated intellectual property rights, are and shall remain with AirCanopy and AirCanopy’s licensors. Member shall not translate, decompile, reverse engineer, distribute, remarket, or otherwise dispose of the Licensed Programs or any part thereof.
You may not download, use, or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Software, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Contractor/manufacturer is AirCanopy Internet Services Inc. 3261 FM 663, Suite D Midlothian, TX 76065

8. WEB SITE USAGE.
Our site on the World Wide Web with its home pages in the domain “AirCanopy.net”, or any other site operated by AirCanopy (the "Web site") is a complimentary information service offered by AirCanopy at no charge to users.
We may provide links on the Web site to other Web sites, which are not under our control. In general, any Web site that has an address (or URL), which does not contain “AirCanopy.net”, is such a Web site. These links are provided for convenience only and are not intended as an endorsement by AirCanopy of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.
You may provide a hypertext link to our Web site on another Web site, provided that:

(a) The link must be clearly marked "AirCanopy",

(b) The link must "point" to the URL "http://www.AirCanopy.net" and not to any other pages within the Web site.

(c) The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademark(s).

(d) The appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by AirCanopy.

(e) The link, when activated by a user, must display this Web site full-screen and not within a "frame" on the linked Web site.

(f) AirCanopy may, in its sole discretion, revoke consent to link to our website at any time. AirCanopy must approve all other hypertext links to the Web site in writing.

Some portions of the Web site are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by AirCanopy. AirCanopy assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold AirCanopy harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify AirCanopy from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Web site is posted at your own risk. AirCanopy will have no liability arising from use of that information. You shall not use the Web site to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Web site.
Your posting of material on the Web site or providing material to AirCanopy to use on the Web site will be deemed to be a grant by you to AirCanopy of a license to the material to include the material on the Web site and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material.

9. JURISDICTION.
Texas:
The Office of Consumer Credit Commissioner (OCCC) is located at:
2601 N. Lamar Blvd., Austin, Texas 78705.
Direct general inquiries to 512.936.7600 or to info@occc.state.tx.us. Toll-free Consumer Help line number is 800.538.1579.

10. TERM OF AGREEMENT.
Term of this agreement is ONE CALENDAR YEAR from installation. Thereafter, continued use of the Services constitutes acceptance of this agreement and in accord with posted monthly rates. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Member, to terminate your account.

10.1 INSTALLATION NOTICE
DURING THE PROCESS OF INSTALLATION, ACCESS MAY BE NEEDED TO ATTIC AND WALL SPACES. IF DURING THE COURSE OF INSTALLATION DAMAGE IS CAUSED AS A DIRECT RESULT OF OUR INSTALLATION PROCESS, AIRCANOPY WILL MAKE REASONABLE EFFORTS TO REPAIR SUCH DAMAGE IN A TIMELY MANNER. AIRCANOPY IS NOT RESPONSIBLE FOR PRE-EXISTING DAMAGE AND WILL ONLY MAKE REPAIRS TO DAMAGE DIRECTLY CAUSED BY OUR PROCESS.

11. TERMINATION.
You may terminate your account at any time and for any reason by providing notice of intent to terminate to AirCanopy by:

Registered or certified mail, return receipt requested addressed to:
AirCanopy Internet Services, Inc. 3261 FM 663, Suite D Midlothian, TX 76065

Telephone calls directed to Accounts- Customer Service at (972) 617-8889

EARLY TERMINATION IS SUBJECT TO AN EARLY TERMINATION FEE NOTED IN SECTION 3i

Email termination of your basic Internet access account will not be accepted. To terminate service, you must call (972) 617-8889 To terminate Web Hosting and/or Business Services, you must call (972) 617-8889 Your termination will only be complete upon your receipt of a cancellation confirmation number from AirCanopy. Charges to your account will stop accruing the day AirCanopy provides you with a cancellation confirmation number. Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation. Email cancellation requests will not be accepted. If your account included space on AirCanopy’s servers, anything stored on this space will be deleted upon termination.
Without prior notice, AirCanopy may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if AirCanopy, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, any of the applicable user policies, or if you fail to pay any charges when due. Our Acceptable Use Policy and all applicable user policies are posted at www.AirCanopy.net. AirCanopy may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.
Sections 3, 4, 6, and 9 of this Agreement shall survive termination of this Agreement.

12. MISCELLANEOUS.
This Agreement, the Acceptable Use Policy, the Privacy Policy, and AirCanopy’s other user policies posted at www.AirCanopy.net constitute the entire agreement between you and AirCanopy with respect to your use of the Services. AirCanopy may revise, amend, or modify this Agreement, the Acceptable Use Policy, the Privacy Policy, and any other user policies, at any time and in any manner. Notice of any revision, amendment, or modification will be posted at www.AirCanopy.net and/or on Member's start pages and/or by email and/or in our various publications and mailings to Members.

Rev. 2.1
04/19/2007